TC Packet 09-14-2021_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, September 14, 2021
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL 5:00
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA
Public comments are limited to three (3) minutes. The speaker may request an additional one (1)
minute, which may be approved by a majority of Council.
5. BUSINESS ITEMS
5.1. Work Session: Community Survey Results (Marketing & Communications Manager Elizabeth
Wood) (60 Minutes) 5:05
5.2. Work Session: Review of Summer Operations of Harry A. Nottingham Park and Location of
SUP Co. (Interim Recreation Director Michael Labagh) (75 minutes) 6:05
5.3. Resolution No. 21-21 Naming of Street in Village (at Avon), Planning Area J (Planning Director
Matt Pielsticker) (15 minutes) 7:20
5.4. First Reading of Ordinance No. 21-11 Adopting Short-Term Rental Tax Regulations (Finance
Manager Amy Greer) (20 Minutes) 7:35
6. MINUTES
6.1. Approval of August 24, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5
Minutes) 7:55
7. WRITTEN REPORTS
7.1. September 7th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
7.2. Open Water Swim Meet Event Review (Interim Recreation Director Michael Labagh)
7.3. Upper Eagle Regional Water Authority Aug 26, 2021 Meeting Summary (Mayor Smith Hymes)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:00
9. EXECUTIVE SESSION 8:15
9.1. Executive Session for the Purpose of Receiving Legal Advice and Determining Positions Relative
to Matters that may be Subject to Negotiations, Developing Strategy for Negotiations, and
Instructing Negotiators with Respect to Potential Community Housing Project Pursuant to § 24-6-
402(4)(b) and (e). (Town Attorney Paul Wisor) (40 Minutes)
10. ADJOURN 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.
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
FUTURE AGENDAS
SEPTEMBER 24
o All Day Council Budget Retreat
SEPTEMBER 28
o Regular Council meeting
SEPTEMBER 30
o Council Retreat to Discuss Conduct and Behavior Expectations
OCTOBER 12
o Regular Council meeting including joint work session with CASE
(970) 748-4087 ewood@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager
RE: Community Survey Results
DATE: August 3, 2021
SUMMARY: This report provides an overview of the 2021 Avon Community Survey process. This is the
first year that the Avon Community Survey was conducted in-house. Overall, this was a great success with
903 surveys completed, nearly three times as many as the 2015 and 2018 Community Surveys.
The 2021 Avon Community Survey was available from May 17 – July 30, 2021. The purpose of the survey
was to gauge citizen and business opinion regarding services, activities, and policy direction of the Town. A
Work Session was held with the Avon Town Council on April 27th to create a first draft of survey questions.
That draft was issued to a small focus group of ten individuals and their feedback was used to refine a final
draft of the survey questions at a May 11th Work Session.
SURVEY INSTRUMENT: The survey was built on Engage Avon and included both multiple choice and
open-ended questions about Town services and direction. The survey was about 55 questions, with
responsive options that asked different questions depending on how the previous question was answered.
The survey took approximately 20-30 minutes to complete.
The survey asked different types of questions including “rate the level of satisfaction” with many Town
services and departments. Each departmental section also included the opportunity for open-ended
responses. Additionally, the survey was structured to ask (1) demographic questions, (2) satisfaction of
Town’s basic services which will reoccur on each survey to develop trend data, and (3) specific policy
questions which are intended to provide guidance on pending policies, programs and strategies of the
Town.
DISTRIBUTION METHOD & MARKETING: The survey was available online and marketed using a variety
of techniques. Press releases were sent to the Town’s general information and business lists reaching over
3,000 individuals. Information about the survey was included in the May, June and July newsletters which
reach approximately 2,000 people.
Additionally, print and digital marketing campaigns in the Vail Daily were conducted in two languages over
eight weeks. Social media campaigns were also conducted during the same time frame, reaching 22,500
people and creating over 1,500 post engagements. A radio campaign was conducted on KZYR and El
Puente, including a Straight from the Heart radio interview about the importance of the survey. Postcard
mailers (4,903) were sent to all registered Avon voters and property owners.
Several prize incentives were advertised with survey marketing. One mid-way prize drawing was conducted
on July 23rd. The overall marketing for the survey cost approximately $6,000. Prize incentives cost an
additional $4,000.
The survey was completed by 903 people. Over 72 percent of those surveyed identified as an Avon
Residents or Property Owners. Nearly 80 percent of respondents own their home. The top three
neighborhood response rates came from Wildridge, the Town Core area between Avon Road and the Avon
Rec Center and the Nottingham Park neighborhoods.
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LESSONS LEARNED: Overall, this Community Survey process was a success. The number of
respondents dramatically increased and the cost was reduced by more than 50% (not including staff time).
The “Bang the Table” platform was cumbersome for registration and presented a format that was
somewhat confusing on smaller devices and required scrolling to view all the answer options.
Staff recommends the following:
• Continue to offer the Avon Community Survey as an on-line survey that is primarily administered
in-house by Staff.
• Offer the Avon Community Survey every three years (2024).
• Repeat general service level questions to gauge improvements or decreases in community
satisfaction.
• Research and utilize an improved survey format that is more user friendly across a variety of user
devices.
• Utilize a post card mailer from the outset of the survey along with a follow-up reminders.
• Utilize more special event tickets and other prizes that attract the interest of different
demographics.
HIGH LEVEL OBSERVATIONS: The Avon Community Survey results indicated areas of community
consensus which are highlighted as follows:
□ Strong support exists for Avon to implement the Climate Action Plan.
□ Majority support exists for incentives for electric vehicles and e-bikes.
□ Support exists to prioritize investment in Community Housing.
□ Respondents were overall satisfied with police services and level of policing in Town commercial core
and in Nottingham Park.
□ Respondents were very satisfied with Nottingham Park. 38% of respondents felt that Nottingham Park
was often at capacity and 44% felt that the Park was rarely or never too crowded. 5.5% felt the Park
was often too crowded and always at capacity. The overall results indicate comfort with the current
level of activity and indicate that additional activity may result in an increase of sentiment that the Park
is too crowded.
□ Respondents indicated support for constructing full-service restrooms.
□ Respondents indicated support for the current open container policy for Nottingham Park.
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Print and Digital Vail Daily Ads
Printed Mailer
Page 4 of 17
Social Media Content Examples:
FINANCIAL CONSIDERATIONS: The total approximate cost of the survey was $12,280. The cost
breakdown is outlined below.
Marketing – Print, digital, social $6,000
Prizes and Incentives $4,000
Postcard Mailer $2,280
TOTAL SURVEY COST $12,280
Thank you, Liz
Page 5 of 17
AVON COMMUNITY SURVEY RESULTS
DEMOGRAPHIC QUESTIONS
Describe your relationship with the Town of Avon.
How many months per year do you spend in Avon?
• Full-time Residents (11 months): 461 (71.4%)
• 7-10 Months per Year: 44 (6.8%)
• 4-6 Months per Year: 75 (11.6%)
• 0-3 Months per Year: 66 (10.2%)
In which neighborhood do you reside?
• East Core (valley floor east of Avon Road – Chapel Square): 46 (7.3%
• Hurd Lane/Eaglebend: 62 (9.9%)
• Town Core Area (between Avon Road an Avon Rec Center): 78 (12.4%)
• Village at Avon, Piedmont, Buffalo Ridge: 12 (2.2%)
• West Avon (valley floor west of Avon Elementary – Sunridge/Aspens/Liftview): 67 (10.7%)
• Nottingham Park/Lake Area: 69 (11%)
• Northside – Metcalf and Nottingham Roads: 49 (7.8%)
• Mountain Star: 4 (0.6%)
• Wildridge: 221 (35.1%)
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• Wildwood: 19 (3%)
Do you own or rent your residence?
• Own: 510 (80.3%)
• Rent: 125 (19.7%)
Why did you choose to rent or buy in Avon? (text responses)
What is your age?
• 20 or younger: 2 (0.2%)
• 21-35: 169 (18.9%)
• 36-50: 285 (31.8%)
• 51-65: 316 (35.3%)
• 66 or older: 124 (13.8%)
Rate your satisfaction (1-5) with the Town
• Community Engagement: 60.3% Often or Sometimes Satisfied; 16.4% Often or Sometimes
Dissatisfied
• Business Support and Economic Development: 40.3% Often or Sometimes Satisfied; 18.3%
Often or Sometimes Dissatisfied
• Council Process: 28.1% Often or Sometimes Satisfied; 26% Often or Sometimes Dissatisfied
• COVID-19 Response: 70% Often or Sometimes Satisfied; 8.6% Often or Sometimes Dissatisfied
What do you like best about Avon? (text responses)
What do you think is the single most important aspect for Avon to improve? (text responses)
POLICY QUESTIONS
Do you feel Avon needs a dedicated dog park on the valley floor?
• Yes: 53.8%; No: 46.2%
What type of retail business would you like to see in Avon? (text responses)
Are you familiar with the Eagle County Action Plan?
• Yes: 49.4%; No: 50.6%
Do you support Avon’s efforts to implement the Climate Action Plan?
• Yes: 83.7%; No: 16.3%
Would you support the Town providing financial incentives for residents to purchase electric
vehicles and/or electric bicycles?
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• Yes: 62.1%; No: 37.9%
Please provide any comments, suggestions or questions regarding Climate Action in Avon. (text
responses)
Do you feel there are sufficient housing opportunities for locals in Avon?
• Yes: 23.6%; No: 76.4%
Should the Town of Avon prioritize investment in Community Housing to increase Community
Housing Opportunities?
• Yes: 73.8%; No: 26.2%
Please provide any comments, suggestions or questions regarding housing in Avon. (text
responses)
What is your preferred future use of the Union Pacific Railroad Line (Tennessee Pass)?
• Recreation Rails to Trails: 355 (41.3%)
• Combined Recreation/Passenger/Freight: 150 (17.5%)
• Passenger Only: 127 (14.8%)
• Combined Passenger and Freight: 115 (13.4%)
• No Change: 108 (12.6%)
• Freight: 4 (0.5%)
COMMUNICATIONS QUESTIONS
Rate your satisfaction with Town of Avon Communications
• 55% Often or Sometimes Satisfied; 18.7% Often or Sometimes Dissatisfied
Do you prefer to receive information in English or Spanish?
• English: 89.9%; Both: 9.4%; Spanish: 0.7%
What are your top sources for news and information about the Town of Avon?
• Vail Daily: 711 (80.3%)
• Signs Around Town: 407 (46%)
• Word of Mouth: 328 (37.1% )
• Social Media: 300 (33.9%)
• E-services: 272 (30.7%)
• Avon.org: 265 (29.9%)
• Posters and Banners: 235 (26.6%)
• Local Radio: 179 (20.2%)
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Are you currently registered for the Avon Heartbeat e-newsletter?
• Yes: 15.1%; No: 84.9%
We received 455 new newsletter registrations through the survey!
Please provide any comments, suggestions or questions regarding Communications & Marketing
services in the Town of Avon. (text responses)
POLICE QUESTIONS
Rate your satisfaction with the Avon Police Department in the following areas:
• Professionalism: 65.2% Often or Sometimes Satisfied; 7.1% Often or Sometimes Dissatisfied
• Traffic Control: 60.5% Often or Sometimes Satisfied; 13.6% Often or Sometimes Dissatisfied
• Community Engagement: 54.1% Often or Sometimes Satisfied; 7.6% Often or Sometimes
Dissatisfied
Do you feel safer or less safe in Avon over the past three years?
• About the same: 69.7%; Less safe: 12.1%; Somewhat safer: 8.6%; Much Safer: 5.8%
Do you think there is too little, just the right amount, or too much police presence in the Avon
Commercial Core?
• Just right: 78.9%; Too little: 12.8%; Too much: 8.2%
Do you think there is too little, just the right amount, or too much Community Resource Officer
presence in Harry A. Nottingham Park during the summer?
• Just right: 71.9%; Too little: 16.9%; Too much: 11.2%
Please provide any comments, suggestions or questions regarding Avon Police Department
services. (text response)
COMMUNITY DEVELOPMENT QUESTIONS
Rate your satisfaction with the development that has occurred in Avon over the past three years.
• 39.3% Often or Sometimes Satisfied; 30.7 % Often or Sometimes Dissatisfied
Please provide any comments, suggestions or questions regarding Avon Community Development
Department services. (text response)
MOBILITY DEPARTMENT QUESTIONS
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Do you use the free Town bus?
• Yes: 38%; No: 62%
Do you ride the free Town bus year-round or seasonally?
• More in Winter: 58%; Year-round: 33.9%; More in Summer: 8%
Rate your satisfaction in the following areas:
• Cleanliness of Buses: 85.4% Often or Sometimes Satisfied; 0.03% Often or Sometimes
Dissatisfied
• Cleanliness of Bus Stops: 77.3% Often or Sometimes Satisfied; 11% Often or Sometimes
Dissatisfied
• Implementation of COVID-19 Safety Protocols: 72.3% Often or Sometimes Satisfied; 0.05%
Often or Sometimes Dissatisfied
• Ease of Accessing of Transit Route and Schedule Information: 72.3% Often or Sometimes
Satisfied; 15.7% Often or Sometimes Dissatisfied
• Friendliness of Staff: 79.4% Often or Sometimes Satisfied; 0.05% Often or Sometimes
Dissatisfied
• Frequency of Red/Blue Routes: 60.1% Often or Sometimes Satisfied; 11.6% Often or Sometimes
Dissatisfied
• Frequency of Skier Express Shuttle: 66% Often or Sometimes Satisfied; 12.7% Often or
Sometimes Dissatisfied
• Frequency of Night Rider Route: 36% Often or Sometimes Satisfied; 14.2% Often or Sometimes
Dissatisfied
• Routes Make Sense: 61.6% Often or Sometimes Satisfied; 14.6% Often or Sometimes
Dissatisfied
Why don’t you use the free Town bus?
• Not available in my neighborhood (50%)
• I need my car for work (40.4%)
• Routes aren’t convenient (28.3%)
• I bike or carpool to work (11.6%)
• Insufficient Frequency (9.9%)
• Layover is too long (6%)
Avon strives to be a pedestrian and bike friendly community. Rate your satisfaction with pedestrian
and bike safety in Avon in the following areas:
• Overall bike and pedestrian safety: 59.8% Often or Sometimes Satisfied; 27.3% Often or
Sometimes Dissatisfied
• Safety on roads: 55.4% Often or Sometimes Satisfied; 29.9% Often or Sometimes Dissatisfied
• Safety in/near roundabouts: 43.3% Often or Sometimes Satisfied; 46.2% Often or Sometimes
Dissatisfied
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• Safety on paved paths: 74.2% Often or Sometimes Satisfied; 12.3% Often or Sometimes
Dissatisfied
Please provide any comments, suggestions or questions regarding Mobility Department services.
(text response)
PUBLIC WORKS QUESTIONS
Rate your satisfaction with services and/or maintenance in the following areas:
• Snow Removal: 81.3% Often or Sometimes Satisfied; 7.9% Often or Sometimes Dissatisfied
• Roads/Streets: 45.8% Often or Sometimes Satisfied; 10.6% Often or Sometimes Dissatisfied
• Pocket Parks: 60.4% Often or Sometimes Satisfied; 6.3% Often or Sometimes Dissatisfied
• Paths and Trails: 75.6% Often or Sometimes Satisfied; 9.1% Often or Sometimes Dissatisfied
• Signage: 69.7% Often or Sometimes Satisfied; 9.5% Often or Sometimes Dissatisfied
• Mowing: 72.3% Often or Sometimes Satisfied; 3.6% Often or Sometimes Dissatisfied
• Cinder Clean Up/Street Sweeping: 69.8% Often or Sometimes Satisfied; 11.8% Often or
Sometimes Dissatisfied
• Clean Up Week: 61.5% Often or Sometimes Satisfied; 5.2% Often or Sometimes Dissatisfied
Please provide any comments, suggestions or questions regarding Public Works Department
services. (text response)
RECREATION QUESTIONS
Describe how you use the Avon Recreation Center.
• I do not use the Avon Recreation Center: 40.2%
• I purchase day passes to the Avon Recreation Center: 11.5%
• I have a punch card for the Avon Recreation Center: 35.3%
• I have a monthly membership to the Avon Recreation Center: 12.9%
Describe why you do not use the Avon Recreation Center.
• I use another recreational facility (35.3%)
• I don’t like to exercise indoors (29.7%)
• Other (22.6%)
• The admission fee is too expensive (14.2%)
• The facilities or programs I desire are not offered (8%)
Describe how often you use the Avon Recreation Center.
• 1 – 10 days per year: 48.4%
• 1 – 4 days per month: 24.3%
• 2 – 4 days per week: 20.4%
• 5 – 7 days per week: 6.9%
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Which areas or programs do you use at the Avon Recreation Center?
• Fitness Area (58.2%)
• Leisure Pools and Jacuzzi (47.6%)
• Shower/Locker Rooms (44.7%)
• Lap Pool (38.7%)
• Fitness Classes (26%)
• Steam Room (22.2%)
• Sauna (18.6%)
Please check the top five improvements, if any, you desire for the Avon Recreation Center.
• Indoor Pickleball/Tennis (22.9%)
• I’m satisfied without improvements (19.7%)
• Expanded Hours (18.7%)
• More Fitness Classes (18.6%)
• Full-Size Climbing Wall (17.3%)
Please provide any comments, suggestions or questions regarding the Avon Recreation Center.
(text response)
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How often do you visit Harry A. Nottingham Park?
Rate your satisfaction with Harry A. Nottingham Park in the following areas:
• Overall Park Experience: 85.5% Often or Sometimes Satisfied; 5.6% Often or Sometimes
Dissatisfied
• Lake & Beach: 76.6% Often or Sometimes Satisfied; 7.8% Often or Sometimes Dissatisfied
• Park Restrooms: 45.3% Often or Sometimes Satisfied; 17.8% Often or Sometimes Dissatisfied
• Park Picnic Areas: 61% Often or Sometimes Satisfied; 8.2% Often or Sometimes Dissatisfied
• Park Playground: 53.1% Often or Sometimes Satisfied; 2.9% Often or Sometimes Dissatisfied
Describe the recreational activities you enjoy in Harry A. Nottingham Park.
• Walking (84.5%)
• Sitting/Relaxing in the Park (not @ Beach) 52.7%
• Stand Up Paddleboarding 46.7%
• Sitting/Relaxing at Beach 44.5%
• Biking 39.3%
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Describe how you feel the capacity of the lake and beach were last summer (2020).
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Indicate which statement best describes your opinion on portable toilets in Harry A. Nottingham Park.
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Indicate which statement best describes your opinion on open container and public consumption in
Harry A. Nottingham Park.
Indicate the top five improvements or facilities, if any, you desire in Harry A. Nottingham Park.
• Full-service restrooms in Nottingham Park North to serve the beach area (52.3%)
• Improved parking and pedestrian safety on West Beaver Creek Blvd (49.7%)
• More food and beverage opportunities in the park during the summer (46.8%)
• Additional restrooms in Nottingham Park East to serve Special Events (26.7%)
• Expanded beach area (24.9%)
Please provide any comments, suggestions or questions regarding Harry A. Nottingham Park. (text
response)
Please provide any comments, suggestions or questions regarding Pocket Parks in Avon. (text
response)
Page 16 of 17
How often do you visit the West Avon Preserve?
How do you use the West Avon Preserve?
• Hiking: 58.4%
• Biking: 57.7%
• Dog Walking: 38.7%
Please provide any comments, suggestions or questions regarding the West Avon Preserve. (text
response)
Page 17 of 17
The Town of Avon provides a variety of special events through the spring, summer & fall. How often
do you attend Town Events?
Please describe why you do not attend Town events.
• Parking too difficult (30.7%)
• I don’t enjoy the events offered (27.3%)
• I don’t have time to attend (23.9%)
Rate your satisfaction with the Town of Avon events program.
• 69.8% Often or Sometimes Satisfied; 12.4% Often or Sometimes Dissatisfied
How do you typically learn about Town events?
• Vail Daily: 79.3%
• Word of Mouth: 45.5%
• Social Media: 37.7%
• Railroad Bridge Banner: 28.3%
• Local Radio: 20.8%
• Town of Avon Website: 19.6%
Please provide any comments, suggestions, or questions regarding Special Events. (text response)
LAST CHANCE! ANY FINAL COMMENTS? (TEXT RESPONSE)
[END OF RESPONSES]
Page 2 of 5
TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager
RE: Work Session: Harry A. Nottingham Park Improvement List
DATE: September 10, 2021
SUMMARY: This report provides a draft list of areas in Harry A. Nottingham Park to discuss for potential
improvements. There have been many improvements over the last six years and additional improvements
planned for the old Town Hall site. It is an appropriate time to take a look at the remainder of Nottingham
Park to identify any other details or improvements that should be considered in an effort to “complete” the
park with a uniform, high-quality design from one end to the other. Also, Council indicated a desire to revisit
the location of the Stand-Up Paddle Board and Peddle Boat location.
The following list highlights specific details and improvements that are either pending or have been
suggested for consideration. This is not intended to be an exhaustive list. Rather, this is an invitation for
additional input on any other details, improvements or designs that should be considered in Nottingham
Park. A comprehensive list of ideas will assist Town Staff with preparing a capital improvements budget
and present options to Council.
A site walk of the Park was conducted by the Avon Planning and Zoning Commission on August 17, 2021.
Planning and Zoning Commission members’ comments are shown in italics below.
A presentation of topic areas is included with this report. The presentation includes a list of
recommendations which are based on Staff input and recommendations, PZC input and recommendations,
and a desire to complete miscellaneous improvements to compliment the major improvements that occurred
in West Nottingham Park and are planned to occur in North Nottingham Park and East Nottingham Park.
PLANNING & IMPROVEMENT TOPIC AREAS: The following topic areas are described as an initial draft
of specific planning and improvement projects:
1. Potential Beach Expansion to West. Increased usage of the beach on the north side of Nottingham
Lake prompted consideration to potentially expand the beach to the west. Staff provided a
recommendation in fall of 2020 to expand the beach to the west to increase the beach size by
approximately 50%, move the SUP Co operation to the west side of such expansion (approximately the
right side of the No. 1). Staff, in consultation with SUP Co., also recommends relocation of the boat dock to
the north side to be used for the Peddle Boats (which was the original use of the boat dock). NOTE: Staff
also proposes installing a replacement dock in the current location of the boat dock that is lower to the
water (safer for swimming), configured as a T or cross, and anchored in a manor that allows for easy
removal before winter so that this area does not conflict with ice skating. Any beach expansion requires
draining the lake, excavating, installing the lake liner, and backfilling with sand. If this work is desired, this
work could happen in fall of 2022 such that the expanded beach would be opened for the summer of 2023.
The south dock area is also discussed below as a potential location for SUP Co.
• Overall supported. Permanent and more aesthetic SUP Co structure popular among group. No other
major comments made.
2. Widening of Recreation Path. Pedestrian and wheeled recreational traffic has increased on the
Nottingham Park trail. Staff believes it would be appropriate to widen the path by 2’ when this path is
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resurfaced. The slightly wider path would improve the experience when there are multiple users going both
directions.
3. Overall supported. Considerations include; the potential need to move the existing light features and
widening more of the park’s path around the entire lake as feasible and appropriate.
North Nottingham Park Restroom. Town is proceeding with designs of a public restroom for the North
Nottingham Park Restroom area. The restroom would be very similar in design and size to the restroom by
the playground. Two locations which can gravity feed with existing sewer lines will be proposed for public
input and review by Planning and Zoning Commission. Construction is anticipated in 2022.
• Both proposed locations were supported; closer to the north parking lot and lower area between two
spruce trees.
• Both locations call for screening from residential areas.
• The location needs to stay above the property fence line because that is where the sewer line is
located.
• A thought was noted to add a full shower/foot shower to rinse off at.
4. Shoreline Erosion. Erosion has occurred on shoreline on the east side of the fishing dock such that
the lake liner is now exposed in places. Town Engineer Justin Hildreth recommends extending the rock
treatment on the east side to this area. The erosion occurs in this location due to prevailing wind patterns.
• Staff will consider adding space/sand in between the rocks that need to be added, so boats can still
launch from this area.
• Reconsider location of the off-leash dog area in this spot
5. Soft Recreation Path Connection. Park users regularly walk between the main field area to the north
beach area between the lake and the detention pond. An informal path has been established. This informal
path could be improved into a defined soft gravel path.
• Overall supported.
• Add cut stones in this location closer to the lake for fishing
• Add interpretive signage for nature walk to educate about the park ecology (5 senses walk like in
Beaver Creek)
6. East Shore Area. The east shore area includes a decent size flat area adjacent to the lake as well as
a former playground area that is screened by trees on the east side of the path. This area can be improved,
at least to improve the condition of the grass.
• Add sod and improve grading
• A ramp to the stage has been discussed for easier load/unload for events
• Add posts for slacklining
• Offer fitness classes in this location with improved grading and sod
7. Fit Court (Current Location). The current location of the Fit Court between the playground and Avon
stage/main field invites playground use by children who are too young to use the Fit Court. The Fit Court
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could be relocated to another area in the park that would not invite this conflict.
• This space once the fitness court is moved can be used for picnic tables, more passive green space or
VIP area for events.
8. South Dock Area. The south dock area includes the boat dock, the boat ramp and the adjacent treed
grass area with picnic tables. This area is heavily used throughout the summer, especially during
SunsetLIVE! This area is a potential location for SUP Co., and was the previous location for SUP Co.
(which is why the boat dock is in this location).
• If dock is moved, another dock could be added here for swimming and lounging
9. South Lake Landscaping. A wooden boundary fence was removed several years ago to improve the
views from the trail on the south side of the lake. The slope on the southside of this recreation path is very
rough in appearance and has not been landscaped. There is room to install some landscaping
improvements on the south side of this recreation path.
• Remove barbed wire fence and replace with a split rail fence.
• Add trees to block railroad tracks but do not block Beaver Creek views
• Increase green space and landscaping in this area
10. Lower Field Recreation Path. The recreation path around the lower soccer field is in disrepair and is
scheduled to be reconstructed in 2022. Currently with this reconstruction is the opportunity to install some
shade trees along the inside edge of the path to soften the southside of the lower field.
• Overall supported.
11. Pedestrian Connection to Lift View. The Lift View residential neighborhood crosses over the Union
Pacific Rail Road grade into Nottingham Park at the south west corner of the lower field. A substantial
informal path has been created. A pedestrian crossing improvement in this area would benefit the residents
who use this pathway.
• Overall supported.
12. Recreation Path Opportunity Along Avon Water Treatment Plant. It appears from field
observations that there is room for a recreation path between the south edge of the Avon Water Treatment
Plant and the north edge of the Union Pacific Rail Road right-of-way.
• Overall supported.
13. Potential Location of Fit Court. This appears to be the best location for the Fit Court so that it is
situated in a park setting, with views, but not immediately adjacent to playgrounds and family activities. The
nearby elementary school playground is controlled by elementary school staff during school hours. The Fit
Court is intended to have an attractive and more effective barrier fence around the court.
• Staff needs to check with Avon Elementary and Police Department on rules/signage that is posted
informing park users to stay clear during school hours.
• Proposed location may call for the same children use issues at this location because of the proximity to
the school and neighborhood
• Reconsider Fitness Court location to:
• 351 Benchmark Fire House
Page 5 of 5
• Rec Center West Lawn
• North side of park grass areas
14. West Recreation Path Entrance. There is no entry way treatment for the west end of the recreation
path. Installation of a Nottingham Park sign and other entry way features would better define this path as an
entry to Nottingham Park.
• Overall supported.
• Staff will order a sign to be installed in that area.
15. Reconstruction of Tennis and Pickle Ball Court. The Engineering Department recommends
reconstruction of the pickleball and tennis courts rather than resurfacing. This is scheduled to be conducted
next spring.
• Overall Supported for longer term solution
• Obtain community feedback on court layouts
Other comments:
• Add cut stones/blocks around the lake for fishing and passive use
• Add slackline or hammock poles around the lake for use
• Increase trees to provide shade in open areas of the lake
• Add a Mural to ERWSD and Avon Elementary School Buildings
REQUESTED DIRECTION: Direction from Council on operations and improvements is requested.
Thank you, Eric
ATTACHMENT A: Harry A. Nottingham Park Planning and Improvement Topic Areas
ATTACHMENT B: Harry A. Nottingham Park presentation
Page 6 of 5
ATTACHMENT A: Harry A. Nottingham Park Planning and Improvement Topic Areas
Work Session: Summer Operations and Future Improvements
September 14, 2021
WORK SESSION: HARRY A. NOTTINGHAM PARK
SUMMER OPERATIONS, SEPTEMBER 14, 2021
MICHAEL LABAGH,
INTERIM RECREATION DIRECTOR
SUMMER OF 2021
•Avon offered a strong and consistent summer schedule of community
oriented events in the Park
•Recycling cans were added throughout the Park
•An additional Community Response Officer was added
•Community Survey results indicated high level of satisfaction with Harry
A. Nottingham Park, including activity levels and open container policy
•Complete review of Special Events will occur on October 12, 2021 at a
joint meeting with the CASE Committee
Work Session: Summer Operations
September 14, 2021
FUTURE IMPROVEMENTS
•Feedback collected throughout the summer from
staff, Council and community survey
•Planning & Zoning Commission, August 17, 2021
meeting –site walk in Park
•Council Work Session, September 14, 2021
•Future Work Sessions to be determined
Work Session: Summer Operations
September 14, 2021
Purpose of Work Session is to begin process of Council direction on operations
and improvements.
Work Session: Summer Operations
September 14, 2021
TOWN MANAGER RECOMMENDATIONS
•Expand swim beach area to the west and move SUP Co operations to west within
expanded beach area
•Resurface paved recreation path, expand width on north side and install new connection
on southwest side to West Beaver Creek Boulevard
•Improve informal recreation paths between detention pond and lake
•Improve landscaping, add more cut stones around lake for seating and fishing, add
demonstration garden
•Construct parking and pedestrian safety improvements on West Beaver Creek Boulevard
•Relocate Fitness Court and Construct Picnic Shelter on existing concrete slab
Some of these items are currently not in the 5-Year CIP Plan.
These items may be funded by increased Avon Urban Renewal Authority Funds
Work Session: Summer Operations
September 14, 2021
Work Session: Summer Operations
September 14, 2021
BEACH EXPANSION TO WEST1
331 ft
182 ft
BEACH EXPANSION TO WEST
•Proposal to expand beach by 40%
•Relocate SUPCO operations to the
west
•Relocate existing boat dock to the
northwest corner of the expanded
beach
•Planning and design would occur in
2022 work would be completed in
Fall 2023 and open to public
Summer 2024
Work Session: Summer Operations
September 14, 2021
1
BEACH EXPANSION TO WEST
Work Session: Summer Operations
September 14, 2021
1
SUPCO OPERATIONS
•Operating Hours: 10am-6pm
•Trailer and container nestled
between trees
•Kayaks and pedal boats moved to
west to maintain available beach
space
•Addition of a permanent or
seasonal structure
Work Session: Summer Operations
September 14, 2021
1
WIDENING RECREATION PATH
•North side is heavily trafficked
•Widen path by 2 feet (6ft to 8ft)
•Wider path would improve
experience and functionality
•Currently not in 5-year CIP plan
Work Session: Summer Operations
September 14, 2021
2
0.4 mile section
NORTH PARK RESTROOMS
Work Session: Summer Operations
September 14, 2021
3
NORTH PARK RESTROOMS
•Propose structure to be built closer to the
parking lot or between trees
•Allows for screening from residential
areas
•Selected location needs to stay above the
property fence for sewage line efficiency
•Comments: Add a shower to rinse off
Work Session: Summer Operations
September 14, 2021
3
NORTH PARKING
•Reconsider allowing parking on West
Beaver Creek Blvd for Summer 2022
•60 car spaces within a gravel shoulder
widening to 7 feet
•Apply to CDOT to obtain necessary
permits for future angled parking
considerations
Work Session: Summer Operations
September 14, 2021
3
SHORELINE EROSION
•Rocks need to be added to solidify
and protect the shoreline and liner
•Exposed lake liner needs attention
•Considerations to add space in
between rocks to allow for boat
launching
Work Session: Summer Operations
September 14, 2021
4
SHORELINE EROSION
Work Session: Summer Operations
September 14, 2021
4
Work Session: Summer Operations
September 14, 2021
SOFT RECREATION PATH CONNECTION
•Heavily trafficked informal path
•Several hazards to walking; tree roots,
exposed liner, large rocks
•Recommendation to install crushed
gravel recreation path
•Consider adding cut stones to the lower
part of this path closer to the water for
fishing
5
Work Session: Summer Operations
September 14, 2021
EAST SHORE AREA
•Underutilized space
•Improve grass area by adding sod and improving the
grading
•Potential for adding outdoor fitness classes and
other activities with improvements
•Discussion has been started regarding adding a
ramp to the stage storage area
6
Work Session: Summer Operations
September 14, 2021
FITNESS COURT (CURRENT LOCATION)
•Location invites inappropriate use by
children under 14
•Maintain concrete pad and improve
landscaping
•Recommendation: maintain concrete
pad, create larger picnic shelter for
special event and community rental
space
7
Work Session: Summer Operations
September 14, 2021
RELOCATION OF FITNESS COURT
•Proposed locations may prove less inviting to child use
and maintain a popular workout spot among adults
13
Rec Center Roof Flat, grass area by Avon Elementary North grass area
Work Session: Summer Operations
September 14, 2021
SOUTH DOCK AREA
•If beach expansion occurs, staff recommends to
relocate existing dock to northwest corner of the
lake for boat use
•Add new “T” style floating dock for swimming and
lounging
•Easily removed for expanded ice skating offerings
8
Work Session: Summer Operations
September 14, 2021
SOUTH LAKE LANDSCAPING
•Remove barbed wire fence, replace with split rail
fence
•Improve landscaping in this area
•Add trees to bottom of slope but not to block
views of Beaver Creek
9
Work Session: Summer Operations
September 14, 2021
LOWER FIELD RECREATION PATH
•Scheduled repair in 2023
•Add shade trees and improve
landscaping
10
Work Session: Summer Operations
September 14, 2021
PEDESTRIAN CONNECTION TO LIFTVIEW APARTMENTS
•Heavily trafficked informal path
•A pedestrian crossing improvement
would benefit residents who use this
pathway
•Right of way survey needs to be
completed prior to any improvements
11
Work Session: Summer Operations
September 14, 2021
RECREATIONAL PATH ALONG AVON WATER TREATMENT PLANT
•Potential to improve heavily
trafficked informal path between
railroad tracks and water treatment
plant
•This would benefit all residents who
live on the southwest side of West
Beaver Creek Blvd
•Right of way survey needs to be
completed prior to any improvements
12
Work Session: Summer Operations
September 14, 2021
WEST RECREATION PATH ENTRANCE
•Currently no entry way treatment
•Add park sign, widen path by 2 ft and
better define park entrance with
landscaping enhancements
14
Work Session: Summer Operations
September 14, 2021
RECONSTRUCTION OF TENNIS & PICKLEBALL COURTS
•The Engineering Department recommends
reconstruction rather than resurfacing
•Scheduled for June 2022
•Determining optimal court layout option; Health
& Recreation Committee and Community Input,
Engage Avon
•Current offering: 3 tennis courts, 4 pickleball
courts
15
Option 1
Maintain current court offerings
Work Session: Summer Operations
September 14, 2021
RECONSTRUCTION OF TENNIS & PICKLEBALL COURTS
Option 2
15
Option 3 Option 4
Add hybrid tennis/pickleball court
Add feasible shade structures
Remove 1 tennis court, add 4
pickleball courts
Maximizes pickleball offerings
Remove 1 tennis court, add two
pickleball courts
Allows for improved spacing
during play and room for enhanced
seating and shade structures
Work Session: Summer Operations
September 14, 2021
OTHER COMMENTS
•Add cut stones around lake for fishing
and passive use
•Add slackline and/or hammock poles
•Increase trees to provide shade
Work Session: Summer Operations
September 14, 2021
FUTURE PLANNING WORK
•Metcalf Cabin and Public Works &
Parks Garage
•Add to planning and design
schedule for 2023
THANK YOU!
Work Session: Summer Operations
September 14, 2021
•Comments, Questions, Directions
•Need for more information?
•Need for more community input?
•Next steps?
970.748.4413 mpielsticker@avon.org
TO: Honorable Mayor Smith Hymes and Council
FROM: Matt Pielsticker, Planning Director
RE: Resolution 21-21, Approving Wagon Trail Road Street Name for
Avon Landing, A Replat of Tract H, The Village (at Avon), Filing No. 3
DATE: September 9, 2021
SUMMARY: All new street names are subject to approval by the Town Council according to Avon
Development Code Section 7.32.030(p), Street Names. A street located within Avon Landing is currently
designated on the subdivision plat as “Road A”. Road A was used as a placeholder until such time a name
could be formally reviewed and approved. Attached to this report is a request (“Attachment A”) received
from adjacent landowners who propose renaming Road A as Wagon Trail Road, in accordance with Avon
Development Code procedures. Also attached to this memorandum (“Attachment B”) is Resolution 21-21,
which would approve this request.
STREET LOCATION: The street is located on the north side of Interstate 70, extending east from the Post
Boulevard/Swift Gulch intersection.
AVON DEVELOPMETN CODE GUIDANCE: Avon Development Code Section 7.32.030(p), Street Names,
is provided here in its entirety for convenience:
“Names of streets shall be subject to the approval of the Town Council and shall be
consistent with the following criteria:
(1) Names shall relate to one (1) or more of the following:
(i) The history of the State, the Town and the area, including persons
associated with that history;
(ii) Skiing and the history of skiing;
(iii) Local flora and fauna;
(iv) Local geography, including creeks, lakes and mountain peaks; and
(v) The American West, particularly including farming, mining, ranching
and Native American culture.
(2) Names of living persons are prohibited.
(3) Names shall be consistent with the surrounding area so as to avoid duplication
with names of other streets in the Town and adjacent subdivisions of
unincorporated Eagle County.
(4) All street names are subject to approval by local and regional emergency
service providers.”
OPTIONS:
• Approve Resolution 21-21, thereby approving Wagon Trail Road as new street name; or
• Deny request; or
• Continue request to future meeting.
Thank you, Matt
ATTACHMENT A: Letter Request, dated September 2, 2021
ATTACHMENT B: DRAFT Resolution 21-21
1
September 2, 2021
Avon Town Council
Matt Pielsticker, AICP
Planning Director
Town of Avon
1 Lake Street
Avon, CO 81620
Re: Road A, Avon Landing per the Final Plat known as AVON LANDING, A REPLAT OF
TRACT H, THE VILLAGE (AT AVON), FILING NO. 3 and recorded at Reception No.
201516730 (the “Avon Landing Replat”)
Dear Avon Town Council:
This letter concerns the naming of what is currently called Road A as per the Avon
Landing Replat (copy on Page 3). Road A connects to Post Boulevard’s northernmost
roundabout north of the I-70 interchange. From there, Road A heads east into Avon Landing
and, currently, ends at the cul-de-sac. In the future, Road A will travel all the way to Planning
Area I.
Traer Creek has an interest in the road names within The Village (at Avon) project. In
the past, Traer Creek and the Town were able to determine road names in a collaborative
manner. Traer Creek is proposing that Road A be named “Wagon Trail Road”. The naming of
this road is based upon the old wagon trail that traverses to Planning Area I. Using Wagon Trail
Road also presents a unique branding opportunity for the area of development in the Avon
Landing subdivision that we don’t want to miss.
Town staff has raised the idea of extending the name “Swift Gulch Road” to Road A. It
has been raised as a sensible and logical name, as existing Swift Gulch Road is on the other side
of the roundabout and travels west up to Buffalo Ridge.
That being said, aside from missing a unique branding opportunity, Traer Creek believes
that naming Road A as Swift Gulch Road is going to create confusion for the Eagle River Fire
Protection District and the general public. As an example, by having Swift Gulch be the name of
Road A, one could very easily take a wrong turn on Swift Gulch as the fire truck and the public
don’t necessarily know the numbers when one travels west, and one travels east. Creating a
different name for Road A would, therefore, eliminate any confusion and make navigating much
more manageable.
3
Res. 21-21 Naming Wagon Trail Road
September 14, 2021
Page 1 of 1
RESOLUTION 21-21
APPROVING “WAGON TRAIL ROAD” AS STREET NAME
FOR AVON LANDING, A REPLAT OF TRACT H,
THE VILLAGE (AT AVON), FILING NO. 3
WHEREAS, Traer Creek Holding No. 2, LLC, owner of real property in the Town of Avon,
subdivided property in 2015 creating “Road A” according to Reception NO. 201516730; and
WHEREAS, Avon Development Code Section 7.32.030(p), Street Names, requires new street
names to be approved by the Avon Town Council; and
WHEREAS, Traer Creek Holdings No. 2 submitted an Application (“Application”) and formal
request on September 2, 2021 for Road A to be renamed Wagon Trail Road; and
WHEREAS, the Avon Town Council finds that the street name Wagon Trail Road meets the
criteria for approval outlined in Avon Development Code Section 7.32.030(p); based upon the
finding that the alignment follows a historically used route across the property; and,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon
Town Council hereby approves the request for Road A to be renamed Wagon Trail Road subject
to the following conditions:
1. Final acceptance from emergency services must be provided to the office of Community
Development prior to recording with Eagle County Clerk and Recorders Office.
2. Recorded document(s) with Eagle County Clerk and Recorders Office will be provided to the
office of Community Development within 30 days of filing.
ADOPTED on September 14, 2021 by the Avon Town Council
AVON TOWN COUNCIL
By:_________________________________ Attest:_____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
(970) 390-6054 swright@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Assistant Town Manager and Finance Director
Paul Wisor, Town Attorney
RE: Ordinance 21-11: Community Housing Short-term Rental Tax
DATE: September 9, 2021
SUMMARY: Ordinance 21-11 - Community Housing Short-term Rental Tax is being presented for first
reading. The ordinance codifies a 2% Short-term Rental Tax as a dedicated funding source for Community
Housing. The Tax would be applicable to short-term rentals of less than 30 days for any property that is
not assessed as commercial property.
The ordinance would be effective January 1, 2022 provided that the ballot question referred to the Eagle
County Clerk and Recorder by the Avon Town Council on August 24 is approved by Avon voters at the
general election on November 2, 2021.
BACKGROUND: The 2018 Town of Avon Community Housing Plan states a goal to secure additional
local funds for housing and to seek opportunities for new funding sources.
The Town of Avon does not currently have a dedicated funding source for Community Housing. The Avon
Town Council took action in 2020 to allow transfers of up to 10% of the Real Estate Transfer Tax each year
towards Community Housing. The Town of Avon is experiencing a shortage of community housing units. A
consequence of the COVID-19 pandemic is a significant influx of urban remote workers who are able to
afford higher real estate prices than local residents and Eagle County employees, which has increased real
estate prices dramatically over the last 18 months.
ANALYSIS: The detailed provisions included in the ordinance provide the administrative processes
necessary as to the collection of the Community Housing Short-term Rental Tax. As stated above, the Tax
would not apply to hotel units, accommodations or short-term rental units classified as commercial property
by the Eagle County Assessor. The Tax is in addition to other taxes that pertain to the rental of short-term
accommodations of less than 30 days.
FINANCIAL CONSIDERATIONS: A two percent Short-Term Rental Excise Tax is estimated to generate
approximately $1.5 million annually and would be used exclusively for housing initiatives including housing
developments and housing programs and related activities.
PROPOSED MOTION: "Move to approve Ordinance 21-11, an ordinance amending Chapter 3 of the Avon
Municipal Code by the addition of a new Chapter 3.29 implementing voter approval by the Town of Avon
electorate of the Community Housing Short-term Rental Tax."
Thank you, Scott
ATTACHMENTS:
Attachment A: Ordinance 21-11 - Community Housing Short-term Rental Excise Tax
ORD 21-11 Community Housing Short Term Rental Tax
Page 1 of 10
ORDINANCE NO. 21-11
AMENDING CHAPTER 3 OF THE AVON MUNICIPAL CODE BY THE
ADDITION OF A NEW CHAPTER 3.29 IMPLEMENTING VOTER
APPROVAL BY THE TOWN OF AVON ELECTORATE OF THE
COMMUNITY HOUSING SHORT-TERM RENTAL TAX.
WHEREAS, on November 2, 2021, the electorate of the Town of Avon, Colorado
approved and adopted the imposition of a two percent (2.0%) excise tax on the amount
charged to any person leasing a short-term rental unit, defined as leasing any property in the
Town of Avon assessed as residential by the Eagle County Assessor for a period of less than
thirty days (the "Community Housing Short-Term Rental Tax"); and
WHEREAS, detailed provisions to be codified in the Avon Municipal Code are now
needed to provide the administrative process as to the collection of the Community Housing
Short-Term Rental Tax; and
WHEREAS, it is the desire of the Town Council of Avon to provide and adopt a new
Chapter 29 entitled "Community Housing Short-Term Rental Tax" within Title 3 of the Avon
Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Addition of Chapter 3.29 Short Term Rental Tax of the Avon Municipal
Code. Chapter 3.29, “Community Housing Short-Term Rental Tax” is added to Title 3,
“Revenue and Finance,” of the Avon Municipal Code to read as set forth in Exhibit A to this
Ordinance, which exhibit is attached hereto and incorporated in full as an exhibit to this
Ordinance.
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
ATTACHMENT A
ORD 21-11 Community Housing Short Term Rental Tax
Page 2 of 10
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect January 1, 2022, subject to voter
approval of Town of Avon Ballot Issue 2C, which ballot issue will be considered at the
November 2, 2021 coordinated election.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT A
ORD 21-11 Community Housing Short Term Rental Tax
Page 3 of 10
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on September 14, 2021 and setting such public hearing for September 28, 2021 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 __________.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
ATTACHMENT A
ORD 21-11 Community Housing Short Term Rental Tax
Page 4 of 10
CHAPTER 3
Community Housing Short-Term Rental Tax
3.29.010 - Purpose.
With an effective date of January 1, 2022, this Chapter has been enacted to implement the
vote of the Town Electorate made on __________, 2021, to adopt and impose a two percent
(2.0%) excise tax on the amount charged to any person leasing a short-term rental unit in the
Town of Avon, but not including hotel units, accommodations, or short-term rental units
classified as commercial property by the Eagle County Assessor. The purpose of the
Community Housing Short-Term Rental Tax is to fund Community Housing and Community
Housing programs, and the revenue shall be collected and deposited in the Town's separate
fund known as the Community Housing Fund, which shall be used exclusively to fund and
finance the development and preservation of Community Housing, including the acquisition of
land therefor. All provisions contained within this Chapter shall be liberally interpreted and
construed in furtherance of said purpose.
3.29.020 - Definitions.
The following words and phrases as used in this Chapter shall have the following meaning:
Community Housing Short-Term Rental Tax means the Town of Avon excise tax
approved by the Town Electorate on _____, 2021 imposing a two percent (2.0%) excise tax
on the amount charged to any person leasing a short-term rental unit in the Town of Avon,
but not including hotel units, accommodations, or short-term rental units classified as
commercial property by the Eagle County Assessor.
Consumer means any person who pays to use a short-term rental unit within the Town.
Director of Finance means the Director of Finance for the Town.
Price paid is the total amount promised or paid in cash or other consideration in
exchange for use of a Short-Term Rental Unit, including but not limited to vendor mark-up,
cleaning fees, service fees, or any other charge, excluding taxes, which must be paid by the
consumer in exchange for use of the rental unit.
Short-Term Rental Unit, for the purposes of this Chapter only, means any room or
rooms, apartment, condominium, boardinghouse, hotel room, guesthouse, lodge,
campground site, recreational vehicle space, bed and breakfast, residence or similar
accommodation generally used for sleeping and made available for a fee or other
consideration to guests on an overnight basis for a period of time less than thirty (30) days,
excluding any unit classified as commercial property by the Eagle Assessor.
ATTACHMENT A
ORD 21-11 Community Housing Short Term Rental Tax
Page 5 of 10
Vendor means a person providing a short-term rental unit to a consumer for a price paid,
including marketplace facilitators as defined in Section 3.08.010.
Sec. 3.29.030 - Excise tax imposed.
(a) There is hereby imposed and levied in the Town, and shall be collected and paid, a two
percent (2.0%) excise tax, called the Community Housing Short-Term Rental Tax, on the price
paid for use of any Short-Term Rental Unit. This tax shall be levied irrespective of the location
from which the reservation for the rental use is made.
(b) The vendor shall separately state the Community Housing Short-Term Rental Tax
amount on an invoice, sales receipt, or any similar document provided to the consumer reflecting the
price paid for use of the Short-Term Rental Unit.
(c) It is unlawful for any consumer not to pay, and for any vendor not to collect, the
Community Housing Short-Term Rental Tax. A marketplace seller as defined in Section
3.08.010 is not liable for this collection of tax; rather, any marketplace facilitator facilitating the
provision of short-term rental under this Chapter is so liable.
(d) This tax shall be imposed on any rental use taxable under this Chapter for which both a
bona fide reservation and any part of a payment is made after 12:00 midnight, Mountain
Standard Time, December 31, 2021, pursuant to the effective date of the enabling ordinance.
Sec. 3.29.040 – License.
(a) Every person who has the duty to collect the tax imposed in this Chapter must first
obtain, without charge, a license to collect the tax.
(b) The Town Council, upon reasonable prior and written notice to the licensee and after
a hearing, may revoke or suspend the license of any person found by the Town Council to have
violated any provision of this Chapter.
Sec. 3.29.045 - Tax credit.
Notwithstanding any other provisions of this Chapter, there shall be granted to each
person owing the tax imposed in this Chapter for use of property located within The Village (at
Avon) a temporary tax credit against collection of the tax equal to the amount of any public
accommodations fee paid by or on behalf of such person. The amount of the credit shall not
exceed the amount of the tax. No such credit shall be granted subsequent to termination of the
collection of the public accommodations fee pursuant to the annexation and development
agreement for The Village (at Avon). Neither the ability of the Town to grant the temporary
tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a
new tax, or a tax policy change.
ATTACHMENT A
ORD 21-11 Community Housing Short Term Rental Tax
Page 6 of 10
Sec. 3.29.050 - Collection and remittance of tax; interest and penalty.
(a) All vendors subject to this Chapter shall timely collect and be liable for an amount
equal to two percent (2.0%) of the price paid for the Short-Term Rental Unit and shall, before
the twentieth day of each month, make a return to the Town for the preceding calendar month
and remit said collected tax amounts to the Town.
(b) All returns and remittances shall be made in such a manner and upon such forms as the
Director of Finance may prescribe. The Director of Finance may extend the time for making a
return and paying the taxes due under such reasonable rules, regulations or conditions as he or
she may determine necessary from time to time.
(c) Interest shall accrue, and be owed to the Town, on all delinquent or deficient
payments of the Community Housing Short-Term Rental Tax from the date of
delinquency or underpayment to the date of full payment at the rate of one and one-half
percent (1.5%) per month. Interest shall be calculated for each month, or portion of a
month, that a tax delinquency or deficiency remains unpaid.
(d) A penalty of ten percent (10%) of a delinquent or deficient tax amount shall also
be assessed from the date of delinquency or underpayment, unless the delinquency or
deficiency is due to fraud or an intent to evade the tax, in which case the penalty shall be
fifty percent (50%) of the tax owed. Interest shall accrue on unpaid penalty amounts.
No interest shall be allowed or paid on any overpayment of tax.
Sec. 3.29.060 - Exemption from Community Housing Short-Term Rental Tax.
(a) The following shall be exempt from the tax imposed under this Chapter:
(1) Rentals made to the United States government and all departments and
institutions thereof, the State of Colorado and the departments, institutions and political
subdivision thereof, and the Town of Avon; but only in the exercise of their governmental
functions and only when rentals and purchases are supported by official government
purchase orders or other official documentation and paid for by draft or warrant drawn on
the government's account directly to the vendor.
(2) Rentals made to charitable organizations duly established and recognized under
state or federal law, but only to the extent any such rental or sale is transacted in the
conduct of the organization's regular charitable functions and activities and is paid for
directly by the organization without reimbursement therefor.
(3) Rentals which the Town is prohibited from taxing under the Constitution or
laws of the United States or the State of Colorado.
(b) The burden of proving that any rental is exempt from the tax imposed under this
ATTACHMENT A
ORD 21-11 Community Housing Short Term Rental Tax
Page 7 of 10
Chapter shall be on the person asserting such exemption under such reasonable
requirements of proof as the Director of Finance may prescribe.
Sec. 3.29.070 - Review of return; underpayment and overpayment of tax; notices.
(a) As soon as practicable after a return is filed, the Director of Finance shall examine it,
and if it appears that the correct amount of tax to be remitted is greater or less than that shown in
the return, the tax shall be recomputed.
(b) If the amount paid exceeds that which is due, the excess shall be refunded or
credited against any subsequent remittance from the same taxpayer. If the amount paid is
less than that which is due, the taxpayer shall be so notified with a demand for payment,
to include appropriate interest and penalty. The taxpayer may appeal any such notice and
demand for payment to the Town Manager as set out in Section 3.29.120.
Sec. 3.29.090 - Records and audits; investigations.
(a) It shall be the obligation and duty of every taxpayer required to collect and remit
the Community Housing Short-Term Rental Tax imposed under this Chapter to keep
accurate and suitable records of all transactions subject to the tax, along with such other
books, accounts and records as may be necessary to determine the amount of any tax
liability. All records and books, inclusive of invoices or other rental or purchase receipts,
shall be preserved for a period of three (3) years, and all such records, books and accounts
shall be open for examination at any time by the Director of Finance.
(b) For the purpose of ascertaining the correctness of a return, or for the purpose of
determining the amount of tax due from any taxpayer, the Director of Finance may hold
investigations and hearings concerning any matters covered by this Section, and may examine
any relevant books, papers, records, or memoranda of any such person, requiring the attendance
of such taxpayer, or any officer or employee of such taxpayer, or of any person having
knowledge of such sales, and taking such testimony and proof as may be necessary to properly
ascertain any tax liability. The Director shall have power to administer oaths to any person in the
course of such investigations or hearings. Production of documents and attendance of witnesses
shall be requested by the Director on his or her own motion or on motion of any party; any
request for production or attendance shall inform persons that compliance is voluntary but that, if
the request is not complied with, the Director may apply to the Municipal Judge for issuance of a
subpoena.
Sec. 3.29.110 - Tax lien.
(a) The taxes imposed by Section 3.29.030 shall be a first and prior lien upon the property of
any person required to collect and remit taxes under this Chapter, which lien shall take
precedence over all other liens, encumbrances or claims of whatever nature and shall
immediately attach to such property without the necessity of the filing of any notice of lien
thereof.
ATTACHMENT A
ORD 21-11 Community Housing Short Term Rental Tax
Page 8 of 10
(b) If any taxes, penalty or interest imposed by this Chapter are not timely paid after notice
of deficiency is made, the Director of Finance may take action to collect such taxes, penalty or
interest, including the filing of liens.
(c) All notices required under this Chapter shall be in writing and if mailed to the last
known address of the intended recipient shall be sufficient upon mailing.
Sec. 3.29.120 - Appeals to Town Manager.
(a) Any taxpayer aggrieved by a tax decision made by the Director of Finance may
appeal the same to the Town Manager. All appeals shall be made in writing, shall set forth
in plain language the basis for the appeal and the relief sought, and must be delivered to
the Town Manager within twenty (20) days from the date of the decision appealed from,
with a copy delivered also to the Director of Finance. The Town Manager shall notify the
taxpayer in writing of the time and place fixed for a hearing on the appeal at least ten (10)
days in advance thereof.
(b) The hearing before the Town Manager shall be informal and no transcript, rules of
evidence or filing of briefs shall be required; but the taxpayer may elect to submit a brief,
in which case the Director of Finance may submit a brief. The Town Manager shall hold
such hearing and issue the final decision thereon within ninety (90) days after receipt of the
taxpayer's written notice of appeal; however, the Town Manager may extend such period if
the delay in holding the hearing or issuing the decision thereon was occasioned by the
taxpayer. In any such event, the Town Manager shall hold such hearing and issue the
decision thereon within one hundred eighty (180) days of the taxpayer's request in writing
therefor.
(c) The Town Manager may abate any penalty or interest on any assessment or
deficiency for good and just cause if the taxpayer submits a written request for such
abatement not less than two (2) business days before payment of the penalty or interest is
due. All abatement decisions must be reduced to writing and promptly placed in the tax
records for the taxpayer on file with the Town.
Sec. 3.29.130 - Administration of tax collections; authority of Director of Finance.
Administration of provisions of this Chapter is vested in the Director of Finance, who may,
with the approval of the Town Manager, prescribe forms and reasonable rules and regulations
in conformity with this Chapter for the making of returns, for the ascertainment, assessment
and collection of the taxes imposed hereunder, and for the proper administration and
enforcement hereof, a copy of which forms, rules and regulations shall be made available to the
public.
Sec. 3.29.140 - Tax information confidential.
ATTACHMENT A
ORD 21-11 Community Housing Short Term Rental Tax
Page 9 of 10
(a) Except in accordance with judicial order, or as otherwise herein provided, the Town shall
not divulge any information gained from any return filed or as a result of any investigation
or hearing held pursuant to the provisions of this Section.
(b) Nothing contained in this subsection shall be construed to prohibit:
(1) The delivery to a person, or to his or her duly authorized representative, of a copy of
any return filed in connection with his or her tax;
(2) The publication of statistics so classified as to prevent the identification of particular
reports or returns and the items thereof;
(3) The inspection by the Town Attorney, or any other legal representative of the Town,
of the return or other information relating to any taxpayer who may become involved in
litigation with the Town in which the said information may become material;
(4) Disclosure of information to an auditor or any other outside agent hired by the Town
for the purpose of auditing or establishing tax liabilities.
(c) Reports and returns shall be preserved for three years, and thereafter until the Director of
Finance, with the approval of the Town Manager, shall order them destroyed.
Sec. 3.29.150 – Limitation of actions.
No taxes imposed by this Chapter, or interest thereon or penalties with respect thereto, shall
be assessed, nor shall any notice of lien be filed, distraint warrant issued, or suit for
collection be instituted, nor any other action to collect the same be commenced more than
three (3) years after the date on which the tax was or is payable; nor shall any lien continue
after such period, except for taxes assessed before the expiration of such period, notice of
lien with respect to which has been filed prior to the expiration of such period, in which case
such lien shall continue only for one (1) year after the filing of notice thereof. Before the
expiration of such period of limitation, the taxpayer and the Town may agree in writing to
an extension thereof, and the period so agreed on may be extended by subsequent
agreements in writing. In the case of a false or fraudulent return made with intent to evade
a tax, or where no return was filed for the same purpose, the tax, together with interest and
penalties thereon, may be assessed, and proceedings for the collection of such taxes may
be begun, at any time.
Sec. 3.29.160 - Revenue dedication; Community Housing Fund.
Money deposited into the Community Housing Fund as a result of this Community
Housing Short-Term Rental Tax, shall, subject to duly adopted appropriation made by the
Town Council from year to year, be expended exclusively to fund community housing,
including without limitation the acquisition of land for housing, construction of housing,
extension of public infrastructure to serve community housing development, purchase of
deed restrictions, down payment assistance programs, partnerships with public and private
entities to develop community housing and related costs for administration, design, legal
and consulting.
ATTACHMENT A
ORD 21-11 Community Housing Short Term Rental Tax
Page 10 of 10
Sec. 3.29.170 - Violation—penalty.
Any person violating any of the provisions of this Chapter shall be deemed to have
committed a civil infraction for each and every day or portion thereof during which any
infraction is committed, continued or permitted and shall be subject to the penalties contained
in Chapter 1.08 of this Code.
ATTACHMENT A
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 24, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:00:01 Part One
The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith
Hymes called the regular Council meeting to order at 5:00 p.m. A roll call was taken, and Council
members present in person were Amy Phillips, Scott Prince, Lindsay Hardy, Tamra Underwood, RJ
Andrade, and Chico Thuon. Also present were Town Engineer Justin Hildreth, Mobility Director Eva
Wilson, Chief of Police Greg Daly, Town Attorney Paul Wisor, Town Manager Eric Heil, General
Government Manager Ineke de Jong, and Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:23 Part One
There were no changes made to the agenda.
Councilor Underwood moved to approve the agenda as presented. Councilor Hardy seconded the motion
and the motion passed unanimously.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:00:50 Part One
Councilor Underwood disclosed she operates an Airbnb, a Short-Term Rental (STR) but expressed she is
similarly situated to everyone else in Town.
Councilor Prince moved that Councilor Underwood is not in a conflict of interest regarding item 5.3.
Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor
Underwood recused.
4. PUBLIC COMMENT
Video Start Time: 00:02:09 Part One
Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via
Zoom.
Comments made in-person: Paul Jenick, Avon resident and a Recall Committee member, handed-out the
Complaint and a letter he received from the Town Attorney Paul Wisor’s Law firm, Garfield & Hecht, P.C.
He said that the $100K sue is happening. He said he is afraid of what Council is capable of doing and
closed his comment saying one more time “what have I done wrong?”
Todd Roehr, Avon resident and a Recall Committee member, mentioned that Tom Ruemmler has never
been a committee member. He talked about fees and said that, if the recall election would have taken
place as it originally should had, it would have cost less and be over one year ago.
Dave Martinez, Avon resident, talked about a booting issue he experienced and then about another issue
he is having with a contractor regarding a job on his roof. He said he went to the Police Department, but
they could not help him as this is a Civil matter, not criminal. He explained he has gone to different
agencies here in the Valley and outside and no one has been able to help him to file a complaint.
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 24, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Walt Halstead, an Edwards resident and Town of Avon employee, commented on the dead birds at the
Pavilion. He suggested to have a graphic designer to project something on the glass for the birds to see
and not crash into it.
No virtual comments were made.
Councilor Thuon asked Town Attorney Paul Wisor to guide Mr. Martinez in the right direction. Councilor
Underwood asked the Town Attorney to clarify the recall lawsuit matter was not a money damages
matter but rather a declaratory judgement matter.
5. BUSINESS ITEMS
5.1. WORK SESSION: 5-YEAR CIP (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 00:19:10 Part One
Town Engineer Justin Hildreth presented, and several points were discussed, including: 1) East
Nottingham Park Improvements - Councilor Prince requested we do not refer to it as the "restrooms
project" as it is so much more than just that. Mayor Pro Tem Phillips suggested to plan out a
concessions area. 2) North Park Restrooms - Council requested that parking on West Beaver Creek
Boulevard has to be part of this discussion. 3) Bus Shelters - Council asked to add a bus shelter at
Piedmont and to look into the bus shelter at Walmart and building a shopping cart cage for safety.
Town Manager Eric Heil suggested to discuss this in a separate work session. Staff clarified that the
Walmart bus stop is maintained by ECO and the County. Mayor Pro Tem Phillips said Council should
not be approving any project where the developer is not including transit. 4) 351 West Benchmark
Road - the majority of Council felt that the demo should not proceed until there is a plan on what
goes in its place and said perhaps, probably master leasing it and provide housing for 14 individuals.
Mayor Smith Hymes said this housing project would not be long-term, hopefully just about 3 years.
5) Street Improvements - Councilor Underwood requested that the bridge at West Beaver Creek
Boulevard needs to be improved for children walking to Avon Elementary School. She said over the
winter it gets very icy and it is extremely unsafe. 6) Avon Road Roundabouts - Council asked staff to
look at the geometry of the road and see if it can be changed to slow down traffic. 7) New Projects -
Council asked to assess pedestrian safety from the park path to Liftview over the railroad tracks.
Council asked to remedy the groundhog squirrels. They have been asking and it is only getting worse.
Council asked if staff is pursuing reimbursement from the Union Pacific for the mitigation costs of
noxious weeds and groundhog squirrels. Councilor Underwood requested to not have the recreation
path deferred beyond 5 years and to add the East side of the I-70 underpass for future consideration.
Mayor Smith Hymes called for public comments and no public comments were made.
5.2. PUBLIC HEARING: RESOLUTION 21-19, AMENDING THE 2021 TOWN OF AVON BUDGET (ASSISTANT TOWN MANAGER
AND FINANCE DIRECTOR SCOTT WRIGHT)
Video Start Time: 02:01:21 Part One
Finance Director Scott Wright presented and answered Council questions. Mayor Pro Tem
Phillips asked to amend the Real Estate Transfer Tax revenues at the time of doing the budget
amendments as a standard practice. Councilor Underwood asked about the mudslide recovery
relief and Town Manager Eric Heil explained that would depend on the Public Works
Department Director, Gary Padilla, and the Town Engineer Justin Hildreth, to study the repairs,
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 24, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
and possible costs and it would probably be in the final budget amendment.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Prince moved to approve Resolution No. 21-19 Amending the 2021 Town of Avon
Budget. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously.
5.3. RESOLUTION 21-20: SHORT-TERM RENTAL TAX BALLOT QUESTION (TOWN ATTORNEY PAUL WISOR AND TOWN
MANAGER ERIC HEIL)
Video Start Time: 02:12:07 Part One
Town Manager Eric Heil and Town Attorney Paul Wisor presented this topic and reminded Council
that tonight is the last opportunity to refer any topic to the November ballot if desired. Mayor Pro
Tem Phillips and Councilor Underwood agreed to reconsider Short-Term Rental and Use Tax in 2022.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Prince expressed he supports putting this to the voters and having the community vote on
this as one possible solution to our housing crisis. He said that Avon's taxes are high, but Beaver
Creek and Vail have high resort fees that add up as well. He said that the timing to put this out to the
voters is right now as the crisis is high. Councilor Andrade and Councilor Thuon agreed with Councilor
Prince’s comments. Councilor Hardy said Council should have a work session as soon as possible to
start identifying where the money would go if this shall pass.
Councilor Prince moved to approve Resolution 21-20 Referring a Short-Term Vacation Rental Tax
question to the voters of the Town of Avon, but Mayor Smith Hymes called for other Council
comments before the motion got seconded.
Councilor Underwood said she is not opposed, but thinks the language is not well thought out yet.
She prefers to wait, have a sophisticated approach, do it well and do it once. Mayor Pro Tem Phillips
said she is not opposed of having a STR tax, but she thinks there is not enough information and said
she would rather take the time to do more research along with the Use tax and do more community
outreach. Mayor Smith Hymes expressed her concern to put it out there without an explicit housing
project explained, has probably less chance of success.
Councilor Underwood urged her fellow Councilors to not approve this tonight and to put this in front
of the voters until everyone understands and agrees with it.
Councilor Prince amended his motion to approve Resolution 21-20 Referring a Short-Term Vacation
Rental Tax question to the voters of the Town of Avon with 3 amendments: 1) change the title to
Shor-Term Rental Tax for Community Housing 2) raise the estimated to $1.5M 3) correcting typo to
"develop". Councilor Thuon seconded the motion and the motion passed with a vote of 5 to 2.
Councilors Underwood and Mayor Smith Hymes voted no.
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 24, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
5.4. WORK SESSION: REGIONAL TRANSPORTATION AUTHORITY FORMATION COMMITTEE (TOWN MANAGER E RIC
HEIL)
Video Start Time: 00:00:04 Part Two
Town Manager Eric Heil presented the Memorandum of Understanding with a recommendation to
proceed. He said most entities will be included and they have been working on this for over a year.
He expressed there were challenges with buses, with drivers and with getting everything in place for
this winter and said that every entity showed reluctance to pull this off for this winter. Councilor
Underwood requested to General Government Manager Ineke de Jong to present at the next
meeting a matrix of the assignations that is presented in the beginning of the year to see all Mayor
Smith Hymes does for the Town.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Andrade moved to approve the Memorandum of Understanding to Establish Regional
Transit Authority Formation Committee. Mayor Pro Tem Phillips seconded the motion and the
motion passed unanimously.
5.5. NOTICE OF AWARD - MIKAELA WAY & TOWN HALL ASPHALT OVERLAY (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 00:33:42 Part Two
Town Engineer Justin Hildreth explained the Town received two bids and this time he is not
recommending the low bidder as they have no experience with a project of this scope, and
there is a tight timeline as the project needs to be completed before the election starts in
October. Councilor Thuon suggested to make Mikaela Way Street one-way to create additional
parking spaces. Mayor Pro Tem Phillips suggested for the low bidder to be given an opportunity
on a small/low-risk project to assess their quality and experience.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved to authorize issuance of Notice of Award for the Mikaela Way and
Town Hall Asphalt Overlay Project contract to 360 Paving LLC, in the amount of $297,021 as
approved in the Town of Avon 2021 Capital Projects Fund. Mayor Pro Tem Phillips seconded the
motion and the motion passed unanimously.
5.6. NOTICE OF AWARD - PHASE 2 OF HARRY A. NOTTINGHAM PARK LIGHTING PROJECT (TOWN ENGINEER JUSTIN
HILDRETH)
Video Start Time: 00:46:47 Part Two
Town Engineer Justin Hildreth presented the notice of award and answered Council questions.
Mayor Smith Hymes asked him about the difference of the liquidated damages as this one is $500
and the Mikaela Way project is $800. He explained it is because of the consequences if any delay
occurs.
Mayor Smith Hymes called for public comments and no public comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 24, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Mayor Pro Tem Phillips moved to authorize the issuance of Notice of Award for the Harry A.
Nottingham Park Phase 2 Lighting Project contract to Tri Phase Electric, in the amount of $242,221
as approved in the Town of Avon 2021 Capital Projects Fund. Councilor Hardy seconded the motion
and the motion passed unanimously.
6. MINUTES
6.1. APPROVAL OF AUGUST 10, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES)
Video Start Time: 00:53:42 Part Two
Councilor Underwood requested some changes and provided a copy of these changes to the Town
Clerk and Town Council. Mayor Pro Tem Phillips requested three changes which she provided to the
Town Clerk as well.
Councilor Underwood moved to approve the minutes from the August 10th regular meeting as
amended. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0.
Councilor Hardy was absent from the August 10th meeting and recused from the vote.
7. WRITTEN REPORTS
7.1. Monthly Financials (Senior Accountant Joel McCracken)
7.2. Eagle County Regional Transportation Authority August 11, 2021 Meeting Minutes (Mayor Pro Tem
Amy Phillips)
7.3. Benefit Comparison (Manager of HR & Risk Management, Karyne Spadi)
7.4. August 17th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 00:59:50 Part Two
Councilor Hardy asked Town Manager Eric Heil for an update on the former Colorado World Resorts site
and staff confirmed the applicant will be going to PZC on September 7th. She then asked about parking in
the drop off zone / curb spot at the Rite of Passage Bronze statue. She wanted to echo Councilor
Underwood's comments about how hard Mayor Smith Hymes works for the Town and how lucky Avon
is to have her. She apologized for missing the last Council meeting.
Mayor Pro Tem Phillips commented that the lighting at the Piedmont Apartments is not right, and the
lighting affects the neighborhood. She asked if the Town can do a solar farm up at Swift Gulch. She said
she attended the ECO-transit meeting last week and they received substantial funding to complete the
Eagle Valley Rec trail. She wanted to clarify that the $22M awarded are COP guarantees and it is not a
grant. She reminded Council about the Salvation Army Thank You reception on August 25th.
Mayor Smith Hymes mentioned the COVID-19 Delta variant and asked Council if they wish to review the
policies. Town Manager Eric Heil explained the Avon Municipal Court is mask-required already, and that
at the Town level, staff is looking into policies. He said staff is closely monitoring COVID-19 and working
on draft policies for employees and possibly for Recreation Center patrons. She requested the chairs in
Council Chambers to be set up 6’ apart.
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 24, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:16 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
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
1
AVON PLANNING AND ZONING COMMISSION
MEETING ABSTRACT
TUESDAY, SEPTEMBER 7, 2021
1. CALL TO ORDER AND ROLL CALL
After a delay due to technical difficulties, Chairperson Jared Barnes called the meeting to order at
5:24p.m. A roll call was taken and Planning Commission members present were Jared Barnes, Sara
Lanious, Anthony Sekinger, Donna Lang (remote), and Trevor MacAllister (remote). Also present were
Planning Director Matt Pielsticker, Town Planner David McWilliams, and Town Attorney Paul Wisor.
2. APPROVAL OF AGENDA
Action: Commissioner Barnes motioned to approve the modified agenda. Commissioner Lanious
seconded the motion and the agenda was approved unanimously with 5-0 vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
There were no conflicts of interest.
4. BUSINESS ITEMS
4.1. 38460 HIGHWAY 6 – PUBLIC HEARING - SECTION: 12 TOWNSHIP: 5 RANGE: 82 PCLIN NW1/4SE1/4
(FOLSON ANNEXATION ) – MAJOR DEVELOPMENT PLAN FOR A 75-UNIT CONDOMINIUM BUILDING PLUS 9
TOWNHOMES ALONG THE EASTERN EDGE OF THE SITE . ALTERNATIVE EQUIVALENT COMPLIANCE FOR
IRRIGATION AND BUILDING SEPARATION DEVIATIONS (TOWN PLANNER DAVID MCWILLIAMS AND RACHEL
HILL).
Public Comments: Public comments were received from Nate Osbourn, representing Colorado
World Resorts, Andy Shopneck with One Beavercreek, and Timothy H. Powell, resident of Unit 207
of Ascent.
AEC21006 Action: Commissioner Sekinger motioned to approve the Alternative Equivalent
Compliance to permit 13,000 sq. ft. of irrigated area (5,000 sq. ft. permitted), and diminishing
building separation from 15 ft. to 8 ft., based upon the following findings:
1. The Application was reviewed pursuant §7.16.120 Alternative Equivalent Compliance, and the
Application is complete with sufficient information to allow PZC to determine that it complies
with the relevant Review Criteria;
2. The Alternative Equivalent Compliance achieves the intent of the site design standards to the
same or better degree than the subject standard because:
a) The irrigated area accommodates the compliance of other Avon Development Code
provisions, and
b) The diminished building separation maximizes an area for a trail and compliments
the comparatively larger condominium design;
3. The Alternative Equivalent Compliance achieves the goals and policies of the Avon
Comprehensive Plan, including Goal C.2, Policy C.2.1, Policy C.2.2, Policy C.2.3, Policy
C.2.4, Policy C.2.5; and
4. The Alternative Equivalent Compliance results in benefits to the community that are equivalent
to compliance with the design standards in the Avon Development Code.
Commissioner Lanious seconded the motion and the motion passed unanimously with a 5-0 vote.
2
MJR21007 Action: Commissioner Lanious motioned to approve the Major Development Plan
application based upon the following Findings of Fact and Conditions:
Findings of Fact:
1. The Application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f),
Design Review. The design meets the development and design standards established in
the Avon Development Code;
2. The Application is complete;
3. The Application provides sufficient information to allow the PZC to determine that the
Application complies with the relevant Review Criteria;
4. The Application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by
the Application; and
6. The design relates the development to the character of the surrounding community.
Conditions:
1. An on-site mockup will be reviewed and approved by PZC before completion of framing.
The scale and design of the mockup shall be pre-approved by the Planning Director before
framing;
2. An ILC is required and foundation and framing to ensure compliance with maximum
building height;
3. Development Agreement Amendments must be approved by Town Council prior to any
construction permits;
4. Lighting changes are required for compliance with Dark Sky standards, including:
a) AL1 spot fixtures and SU1 in-ground luminaires must be aimed at landscaping and
building forms and not project above or away from the property, and
b) SB2 bollards must utilize forward throw instead of symmetrical 360 degrees along
townhome elevated driveway area;
5. Employee Housing Mitigation Plan and Deed Restriction (rental or for sale, or both) must
be approved by Town Council prior to any construction permits;
6. Development approval is valid for two (2) years per Development Code. If any phase does
not commence within two (2) years, an extension to development plan approval must be
granted unless otherwise addressed in the Development Agreement;
7. The Application requires dedication of a public access easement for the portion of the
pedestrian path adjacent to Highway 6 that is on the Applicant’s property; and
8. The sidewalk adjacent to Highway 6 shall be extended to the far eastern side of the
property.
9. A revised landscape plan for Phase 1A shall be administratively approved with additional
landscaping treatments.
10. Functional, private, outdoor space for the two (2) employee housing units will be
incorporated patio and/or deck space.
3
11. In the area between the eastern emergency access and bus stop, plans will be revised to
ensure safe bus ingress/egress to the stop, and pedestrian access into the existing bus
shelter meeting ADA requirements.
The motion was seconded by Commissioner Sekinger. The motion and the motion passed
unanimously with a 5-0 vote.
5. CONSENT AGENDA
5.1. MEETING MINUTES FROM AUGUST 17, 2021 PZC MEETING
Action: Commissioner Lanious motioned to approve the meeting minutes from August 17, 2021.
Commissioner Lang seconded the motion and the Agenda was approved unanimously with 5-0
vote.
6. ADJOURN
Action: The meeting was adjourned at 7:00pm
These meeting notes 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.
RESPECTFULLY SUBMITTED:
Matt Pielsticker, Planning Director
POST-EVENT BRIEF
EVENT OVERVIEW
EVENT NAME DAY/DATE AND TIMES PRODUCER
CSI Open Water Swim Championship Meet Saturday and Sunday, August 14 & 15,
2021
Start Time: 8:00am End Time: 4:00pm
☒ Town Produced
☐ 3rd party _______________
LOCATION ESTIMATED ATTENDANCE/FREE OR
TICKETED
WEATHER DURING EVENT
Harry A. Nottingham Park Beach and Lake 87 swimmers, 135 spectators Air Temp: 65-80 degrees
Water Temp: 68-71 .5 degrees
Sunny on Saturday, Sunny till the
afternoon on Sunday. Inclement
weather canceled the last two races.
BRIEF EVENT DESCRIPTION
The Recreation Department has hosted the USA Swimming sanctioned event, CSI Open Water Swim Championship Meet for the second
year in a row, 2020-2021. The Recreation Department held this as an exhibition swim meet in 2018 and 2019.
EVENT DETAILS
CASH FUNDING IN-KIND FUNDING: ESTIMATED COST ALCOHOL SERVED
$255.00 for the other half of donated food. $500 volunteer donations for food ☐ Yes, Town Served ☐ Yes, BYOB
☐ Yes, S.E. Permit ☒ No
STAFF OBSERVATI0NS/RECOMMENDATIONS
Functioned Well:
• 98 entries, 87 swimmers participated
• 16 different swim teams from Colorado
• Revenue collected: $3,630.00. Refunds were distributed to participants who didn’t get to swim on Sunday due to inclement
weather.
• Fencing/barricades worked extremely well
• Opening the beach area didn’t cause a disturbance
• Coordination with USA/Colorado Swimming and US Masters Swimming
• Pre-Race Zoom meetings for coaches, officials, and athletes
• Race packet pick-up Friday and Saturday before the events
• Announcer and Volunteer Coordinator proved effective for the event
• Use of town speaker system for music and announcements
Areas for Improvement/Adjustment
• Increase marketing and communication of event to master level swimmers.
• Provide Live Music or DJ for post event and Vendor Village (food trucks, retail, etc.)
• Both vendors ended up unable to attend the event.
• Change the swim meet date to accommodate more swimmers.
• Possibly change the events to be one day instead of two to limit beach and park impact.
Page 2
Operations & Logistics
• Allow SUPCO back for boat and paddle board rentals at 3:00pm if able.
Marketing Promotions & Communications
• Most of our communication was through Colorado Swimming and the affiliated teams in the state. We sent a mass email to the
local master level swimmers and advertised at our Dunk-N-Dash and Open Water Swim activities. US Masters Swimming also
advertised the event on their website.
Staffing
• 12 lifeguards (6 per day), 1 EMT, 2 Safety Monitors, 1 Event Manager, 1 Race Director, 1 Volunteer Coordinator, 1 Volunteer
Swim Meet Announcer.
Event Maps & Photos
Page 3
Page 4
Thank you,
Michael Labagh and Meghan Hershey
MEMORANDUM
TO: Board of Directors
FROM: Beth Doliboa, District Administrator
DATE: September 9, 2021
RE: Summary of Authority’s August 26, 2021, Board Meeting
The following is a summary of items discussed at the August 26, 2021, Authority Board Meeting:
Board members present and acting were Chair George Gregory, Vice-Chair Sarah Smith Hymes, Secretary
Kim Bell Williams, Treasurer Geoff Dreyer, and Kevin Hilgren alternate for Pam Elsner
Remembrance of
Parker Newbanks, III
Employee Parker Newbanks, III passed away suddenly Monday, August 9,
2021. Parker was employed for 25 years at Eagle River Water and Sanitation
District as the Wastewater Supervisor at the Edwards Treatment Plant. Staff is
heartbroken by this loss and will work to keep his legacy alive at the District.
Drought Update Len Wright updated on current drought conditions, which have improved in
Eagle County and throughout much of Colorado. Diane Johnson updated on
tools and strategies for sustainable water use, new outreach efforts, and water
use associated with different types of plants. Water resources staff developed a
GIS-based tool that will help with water use efforts throughout the various
communities in the service area.
COVID-19 Response
Update
The Incident Command team reconvened due to the rise in local incidence and
positivity rates. There is no public health order in place. To protect staff, the
District instituted new expectations and protocols. All District employees have
self-reported vaccinations status, and 86% of employees are vaccinated.
Budget Process
Update
The District changed its annual budgeting process for the upcoming 2022
budget proposal. The process looks at revenue first, carryforward capital needs,
and zero-based budgeting concepts. Also, the rate analyses performed will
include a menu of items to consider, such as tiered water sales and which tiers
are more economical than others as we directly tie expenses to those
conditions.
Sanitary Survey
Preliminary Results
Brad Zachman provided a summary of the inspection findings from the
Authority’s sanitary survey, held August 18 – 20. The team was prepared and
organized for the survey, and the inspectors commended staff for the
improvements made to water storage tank and backflow and cross connection
control (BPCCC) programs. The formal findings have not been issued, but
CDPHE inspectors indicated that a minor violation will be issued for an
inadequate quality control program for online chlorine analyzers. District staff
identified the program deficiency and resolved the violation prior to the Sanitary
Survey. Nonetheless, the violation will require public notification in the 2021
Consumer Confidence Report (CCR), which will be sent out to all customers
next summer.
Summary of Authority’s August 26, 2021, Board Meeting Page 2 of 2
Edwards River Park
Update
Jason Cowles updated the board on the issuance of the new conditional
capacity to serve letter for the Edwards River Park development, due to the
expiration of the previous letter. There is now a condition that requires the
project to obtain an Ability to Serve letter within two years of Eagle County’s
approval of the Preliminary PUD Plan. This was added to address concerns
expressed by the Authority board that the project could tie up the Authority’s
unallocated water rights for an extended period following approvals without
payment of cash in lieu fees.
Unallocated Water Jason Cowles discussed adjustments to the Authority Unallocated Water
tracking spreadsheet to account for the changes to the Edwards River Park
project. Based upon adjustments, staff projects 228.22-acre feet of available
augmentation water if all projects currently in the land use entitlement process
receive approvals.
Final Report of the
Colorado River
District Demand
Management
Committee
Jason Cowles included a final report for the Colorado River District Demand
Management Committee in the engineering and water resources report. The
report highlights the challenges with the CWCB’s desire to develop a demand
management program to store water in Lake Powell through temporary,
voluntary, and compensated reductions in consumptive use to protect the
Upper Basin States from compact curtailment.
Homestake
Exchange
Jason Cowles updated on low streamflows in the Eagle River. The instream
flow on the Eagle River at Avon is 85 cfs, and the Avon gauge dropped to 75
cfs. Staff initiated a release from Eagle Park to cover Vail Resorts’ obligations
for augmentation at Red Sky Ranch, and a release will be initiated from
Homestake Reservoir to cover Authority and River District augmentation needs.