TC Packet 10-12-2021_______________________________________________________________________________
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, October 12, 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. Joint Meeting of Cultural Arts and Special Events with Council (CASE Manager Danita Dempsey)
(60 Minutes) 5:05
5.2. Approval of CDOT Grant Funding Contract (Town Manager Eric Heil) (15 Minutes) 6:05
5.3. Work Session: Harry A. Nottingham Park Improvements Follow Up (Interim Recreation Director
Michael Labagh) (15 minutes) 6:20
5.4. Public Hearing: First Reading of Ordinance No. 21-13 Adopting 2021 Avon Community
Housing Plan (Planning Director Matt Pielsticker) (45 Minutes) 6:35
5.5. First reading Ordinance 21-12 Amending Municipal Code to Consolidate Departments (Town
Manager Eric Heil) (10 Minutes) 7:20
5.6. Work Session: Harry A. Nottingham Park Restrooms Design Update (Planning Director Matt
Pielsticker) (35 Minutes) 7:30
6. MINUTES
6.1. Approval of September 24, 2021 Budget Retreat Meeting Minutes (General Government
Manager Ineke de Jong) (5 Minutes) 8:05
6.2. Approval of September 28, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres)
(5 Minutes) 8:10
7. WRITTEN REPORTS
7.1. Draft September 23rd Culture, Arts & Special Events Committee Meeting Minutes (General
Government Intern Emily Myler)
7.2. Upper Eagle Regional Water Authority Sept 23, 2021 Meeting Summary (Mayor Smith Hymes)
7.3. Mi Casa Avon Update (General Government Manager Ineke de Jong)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:15
9. ADJOURN 8:30
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
OCTOBER 26
o Swearing in of Officer Michael Davidson. Presentation of Chiefs Appreciation certificates to business
sponsors of National Night Out 2021 and retirement presentation to Master Police Officer Mike Lundblade
o Public Hearing: Proposed 2022 Budget
o Public Hearing: Second Reading Ordinance 21-11 Adopting Short-Term Rental Tax Regulations
o Public Hearing: Second Reading Ordinance 21-13 Approving Avon Community Housing Plan Amendments
o Public Hearing: Second Reading Ordinance 21-12 Department Consolidation
o First reading Ordinance 21-XX Idling
o East Harry A. Nottingham Park Improvements Updates
o Work Session: Village (at Avon) Updates re: Financing, Development and Transit Planning
NOVEMBER 9
o Proclamation Eagle County Gives Day 2021
o Presentation of Walking Mountain Science School Energy Program
o Public Hearing: Proposed 2022 Budget
o Public Hearing: Second reading Ordinance 21-XX Idling
o Resolution 21-XX Adopting Procurement Code Updates
o Work Session: Strategic Vision Plan Process
o Work Session: DRAFT Parking Management Plan
o Work Session: Marijuana Dispensaries
o Work Session: Green House Gas Reduction Matrix
o Work Session: Broadband
NOVEMBER 16
o TBD
DECEMBER 14
o Public Hearing for the Adoption of the 2021 Final Revised Budgets, 2022 Operating Budget, 2022 Capital
Projects Fund Budget & Long-Range Capital Program and Tax Levies
o Approval of 2021 Audit Engagement Letter
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, Culture, Arts & Special Events Manager
RE: CASE Committee Joint Work Session – 2021 Recap &
2022 Proposed Budget
DATE: October 1, 2021
SUMMARY: This report supported in part by Attachment A, and highlights the 2021 special event biggest
achievements, recaps the 2021 special event season and requests direction on (1) fireworks in January
2022; and (2) music activation on Monday of Labor Day Weekend. Additionally, this report provides an
overview and comparison of the 2022 Proposed Budget to the 2021 Approved April Amendment Budget.
Finally, as we strategically envision long term the Towns special event programming and built
infrastructure, we request Council consider the following question for future discussion, “What does the
special event and art programming look like to you in 10 years?”
MANAGER’S COMMENTS: Avon successfully returned to a full calendar schedule of events in 2021 AND
implemented Town operated alcohol sales AND introduced a substantial art element to the Avon
community. Both Special Events Staff and Public Works Staff were challenged with the volume of workflow,
but met that challenge through dedication, teamwork, re-assignment of duties for some and prioritizing
special events from other duties from late June through Labor Day weekend. The allocation and
assignment of Staff resources in 2021 was not a sustainable model for executing Special Events.
The number one priority for me is to appropriately allocate and assign Staff resources for 2022 in order to
achieve a smooth and well executed calendar of special events without the unsustainable strain on Staff.
For this reason, the proposed 2022 Special Events schedule is nearly identical to the 2021 Special Events
schedule. Staff is not proposing to add the mid-June “Best of the West” or the mid-September “Heart and
Soul Festival” for 2022, and Staff is proposing to add back the full-time Special Events Coordinator position
along with a Public Works Operator 1+ position that is dedicated to Special Events support in the summer.
[As a side bar, I do believe Avon should proceed with an enthusiastic launch of both Best of the West and
Heart and Soul events in 2023 or 2024 to debut the East Nottingham Park improvements.]
Sunset LIVE!: I recommend and support SunsetLIVE! returning to an open container (BYOB) event in 2022.
I believe this will work fine, if not better, for the Avon community while reducing Staff requirements for
Sunday evening.
Summer’s End: I was very glad that the activities on Sunday were successful. That was a very community
focused offering. I believe the total expense of the Monday late afternoon concert was high (which was a
consequence of Los Lobos being available to perform that day and we had already paid for a performance
in 2020). If Council desires to continue music on Monday late-afternoon of Labor Day week-end I would
recommend a budget in the range of $20,000 to $25,000 with a set-up that is similar to AvonLIVE!.
BACKGROUND: At the March 23, 2021, regularly scheduled Avon Town Council meeting Staff received
the “go-ahead” and supporting budget via the 2021 April Amendment to the 2021 Approved Budget; to
execute special events that “…will allow the Town to a host a full, vibrant calendar of events which support
the community and tourism; and presents a fantastic opportunity to elevate our name, gain exposure and
remain competitive amongst our peer communities.”
Page 2 of 10
BIG WINS:
1. Full, Vibrant & Community Centric Calendar - We successfully executed events on 75 days this
summer! Including, launching new event brands such as Summer’s End and the Art Around Avon
Walk, which fit the Avon community, represented the Avon brand well, and were designed to grow
into solid “signature” events uniquely recognized and associated with Avon.
Out of the 102 days between the Friday of Memorial Weekend and the Monday of Labor Day; there
were a total of 75 days activated with a special event (live music, art expo, art festivals, Town clean
up, movies, etc.). There were some days where there were two or even three activations taking
place; such as Wednesdays with AvonLIVE! and the Weekly Art Expo or Labor Day Weekend
Summer’s End and the Avon Art Festival. These days as well as the Private Pavilion Rental days
are identified as “staff interactions”. The purpose of this is to not count the event days twice yet
identify there is still a need for pre-event planning, contracting and management, and on-site
staffing. Table 1 below summarizes the number of event days by category defined as:
a. Town Produced – AvonLIVE!, SunsetLIVE!, Salute to the USA, Pop Up Music, Town Clean Up,
Community Picnic, Lakeside Cinema and Summer’s End. b. Third Party Funded – Cash, in-kind and event assets provided to producers and executed
through contract. These include Weekly Art Expo, Avon Arts Celebration, Avon Festival of the
Arts, Dancing in the Park, Circus Colorado, Avon Art Festival, Vail Lacrosse Tournament, Right
On Productions and Man of the Cliff.
c. Non-Funded Special Events – No cash, and in general no in-kind services or event assets
provided to producers and executed through special event permit process.
d. Private Pavilion Rentals – No cash, in-kind or event assets provided and executed through
Rental Agreement.
Town Produced Events/Series: 12
Town Produced Event Days: 52
Town Operated Concession Days: 28
Third Party Funded Producers: 8
Third Party Funded Produced Event Days: 29
Non-Funded Special Event Permits: 8
Non-Funded Special Event Days: 8 Private Pavilion Rentals: 9
Private Rental Days: 9
2. Alcohol Concessions: A big lift this year was the undertaking of alcohol concessions using the
Town’s Optional Premises Liquor License. The recommended approach when discussing alcohol
concessions is to consider 2021 a “pilot year” as we (1) hired and trained staff, (2) developed
operational protocols, (3) set up point of sale systems, (4) purchased bar assets, (5) developed
distributor relationship, (6) curated menus, (7) created inventory tracking; and, (8) created
settlement and cash accounting record keeping systems. With the aforementioned policies,
protocols, and systems in place there is opportunity for efficiencies in 2022.
a. Revenue - Considering five (5) out of the nine (9) AvonLIVE! concerts were impacted by
undesirable weather, there were no fireworks at Salute to the USA; and, we lowered the price
Page 3 of 10
point for beer, seltzer and water on July 12th; we still did relatively well with $58,768 in gross
revenue which is $4,368 more than represented in the 2021 Approved Amended Budget in
April 2021.
b. Expense - There is room for improvement on the expense side related mainly to (1) efficiencies
with tracking of sold and comp inventory (2) administrative reporting time (3) cost of still water
product (4) cost point-of-sale systems (5) cost credit card and transaction fees.
c. Net - The net revenue for events with Town operated concessions is $13,344.30 representing
a percentage of cost of 75%. A full summary on all revenue and associated expenses are
provided in Exhibit A with an event-by-event accounting provided and attached as Exhibit B.
It is important to note the staffing and water costs reflected in Exhibit A were not tracked
event-by-event.
The CASE Committee recommends continuing with Town operated concessions at AvonLIVE!,
Salute to the USA and Summer’s End in 2022 (provide there is live music). Regarding
SunsetLIVE!, the CASE Committee offers (1) the low-key and relaxed vibe at SunsetLIVE! is better
suited for BYOB and (2) the cost of generating $3,302.74 in net revenue is not financially
compelling for the Town.
3. Sustainability – We created a strategic policy and most importantly, followed through this year to
ban any single use plastic at events, and it made an impact!
a. The Town produced events realized an average diversion rate 84%. There were 957 lbs. of
waste composted and 1,222 lbs. recycled with a total weight of 2,179 diverted away from the
landfill. Table 1 below provides an event-by-event breakdown.
b. This was accomplished by working with Walking Mountains Science Center to educate guests,
staff, and volunteers; and on-site sorting and post-event reporting, and restricting vessels and service ware
at bar and vendor concessions to only those products which are compliant with our policy.
Page 4 of 10
4. Art in Avon – We effectively launched a rotating art program (“Art Around Avon”) with the addition
of nine (9) temporary sculptures located in the Town core. This program is planned to continue in
2022 pending budget approval and will include replacing the currently displayed nine (9), add
between four (4) and nine (9) more sculptures and potentially purchase one (1) of the current
sculptures on display. Additionally, we curated a spectacular large-format mural titled “Enjoy Life |
Disfrute la Vida” which will be featured on the next Avon reusable bag. Moreover, we launched an
Art Around Avon Walk event and a digital and printed walking tour of Avon’s impressive bronze
sculpture collection and the Art Around Avon temporary collection.
2022 SPECIAL EVENTS: The type and frequency of activation produced in 2021 is the right blend for the
local community and enhances visitor experience. Thus, pending the proposed reinstatement of one (1) full
time year-round Special Events Coordinator and one (1) full time year-round shared Operator 1+; we
recommend continuing with relatively the same type and frequency of activation as produced in 2021 with a
few exceptions which are outlined below.
Providing relatively the same type and frequency of special events in 2022 as we did in 2021 will allow for
(1) identifying efficiencies in all our pre-event planning practices such as talent acquisition and contracting;
volunteer recruitment and training; vendor contracting; marketing tactics and timelines; and, website
content development and updating; (2) fine tuning our day-of operations and logistics; and, (3) with the
Page 5 of 10
aforementioned staffing additions, the calendar is sustainable in the 2-3 year near term and/or until we are
positioned to add new event brands such as Best of the West and/or Heart & Soul Music Festival.
1. Staffing - The special event season went relatively smooth this year considering the shortage of
staffing. In calendar year 2019 and until mid-June 2020, we had a full-time year-round Special
Event Coordinator. Due to the uncertainties of COVID-19 related restrictions and the return of
events, the decision was made to not continue with a full-time year-round position and instead
include two (2) part-time seasonal staff mid-April through mid-October in the 2021 Approved April
Amendment. However, we experienced limited success in our hiring efforts and ultimately, we hired
one (1) part time seasonal position beginning May 29th through September 22nd.
a. Furthermore, when comparing the number of staff hours in 2021 to the number staff hours in
2019 when there were no pandemic impacts, we see a 58% increase in staff hours. This
increase does not account for the estimated hours dedicated to developing and launching the
new art programs. This is illustrated and provided as Exhibit C.
2. Exceptions – As mentioned above, there are a few exceptions to the 2022 calendar vs. the 2021
calendar which include two (2) additions, one (1) event expansion and the removal of AvonLIVE!
Special Edition all outlined below. Also, there is the potential the Avon Festival of the Arts in early
August and/or the Avon Art Festival over Labor Day Weekend will not take place in 2022, these
have been removed from the calendar.
a. Fireworks in January (a.k.a. July in January) – In late June of this year, the fireworks
program during Avon’s signature event, Salute to the USA, was canceled due to fire
restrictions and wildfire conditions. The 2022 proposed calendar and budget currently include
fireworks display on Sunday, January 16th which is Martin Luther King holiday weekend. And,
Council is being asked to provide direction on the desire to produce fireworks display in
January of 2022. The CASE Committee recommended foregoing a fireworks display/event in
January 2022 and instead design, develop and budget for a new and impactful event brand in
the winter of 2023.
i. For context, Avon produced “Fire & Ice” in January of 2013 and “January in July”
in January of 2019 due to the need to use purchased fireworks prior to February of
that year. Both events included additional elements such as ice sculpture
competitions, food and beverage, live music, chili cook off, etc.
ii. Avon entered into a contract with Western Enterprises on June 11th for pyrotechnic
production which outlines the use of the fireworks by no later than February 24,
2022, and with payment due 15 days after the date of the display.
iii. Since we have not had the display, we have not remitted funds equaling $45,000.
If Avon wishes to cancel the display the fee assessed is 30% of the cost of the
display equaling $13,500.
iv. We are working on ways to decrease the projected cost of a fireworks
display/event in January such as (1) reduce the program length to somewhere
between eight (8) and twelve (12) minutes (2) reduce mortar size using only low
level barrages which require less fall out area (3) remove the choreographed
sound track (4) remove the sound projection around the venue (5) remove the
Page 6 of 10
chain link fencing around the lower display site; and, (6) reduce the number of
professional hired security.
v. See the Financial Consideration section below for projected costs.
b. Egg Hunt – The Egg Hunt has been a community tradition in Avon for many years and due to
pandemic related restrictions has not been on the calendar for the past two years. We are
excited to bring this event back to the Avon community!
c. AvonLIVE! – This year AvonLIVE! was comprised of nine (9) events and began on
Wednesday June 23rd and ended on Wednesday, September 1st. We infrastructure skipped
June 30th due to the proximity and constraint on resources due to Salute to the USA; and,
August 11th due to set-up for the Circus Colorado event. The proposed 2022 calendar is
comprised of eleven (11) consecutive events beginning June 22nd and ending on August 30th.
d. AvonLIVE! Special Edition – This year we planned to produce three (3) AvonLIVE! Special
Edition concerts on Saturdays in July or August however, with the number of events and
volume of private rentals, were not able to find three (3) Saturdays that were available.
Therefore, we produced one (1) on Saturday, July 17th. We anticipate the same volume of
activity in 2022 and thus have removed this event series from the proposed calendar and
proposed budget.
3. Summer’s End Concert – The newly launched Summer’s End event brand was very well received
by the community, and we believe over time will become an Avon signature event. The concert on
Labor Day was developed due to the requirement to schedule the Los Lobos performance prior to
October 1, 2021. The performance was originally contracted for July 3, 2020 and paid for in
calendar year 2020.
Council is asked to provide direction on the desire to produce a single day free concert on Labor
Day 2022. Due to the successful launch of all brand elements listed above, including the single
day concert, the CASE Committee recommends keeping the momentum and continuing the
concert on Labor Day 2022.
The event was held over Labor Day Weekend and comprised of many elements to include the
following:
a. Lakeside Cinema – Friday, Sept. 3rd beginning at dusk and featured the movie “Selena”.
b. Avon Art Festival – Saturday, Sept. 4th through Monday, Sept. 6th and produced by Colorado
Events for the second year.
c. Paddle Battle – Sunday, Sept. 5th between 10:30 a.m. and 5:00 p.m. and featured SUP
Individual Races Adult categories for cash; Kids categories for prizes; and, Team SUP
Squatch Races and Cardboard Regatta for bragging rights.
d. SunsetLIVE! – Sunday Sept. 5th between 3:00 p.m. and 7:30 p.m. and featured two (2) bands
and an earlier start time of 3:00 p.m. instead of 6:00 p.m.
e. Labor Day Concert – Monday, Sept. 6th between 3:00 p.m. and 7:30 p.m. and featured
headline talent Los Lobos and opening band Roka Hueka.
f. See the Financial Consideration section below for projected costs.
Page 7 of 10
4. Proposed 2022 Special Events Calendar – Supplied and attached as Exhibit D, and providing a
calendar view of proposed special events, Recreation Department programming such as Ice
Skating, Open Water Swim, Dunk-n-Dash, etc.; and proposed main athletic field maintenance
days. The legend at the top of the calendar provides a visual key as to the type of event (music,
arts, athletic, etc.) and assumes the venue is Nottingham Park and/or Lake unless identified in
bright pink which indicates the event takes place on the Main Street Mall (MSM). Additionally,
there are many instances where we have multiple events and/or venues activated at the same
time. In which case, there are two or more colors with overlapping triangles of colors. An example
of which is June 22nd with AvonLIVE! (music = green), Weekly Art Expo (blue triangle = arts; pink =
MSM) and Vail Valley Lacrosse Tournament (orange triangle = athletic). It is important to note that
this calendar is for internal scheduling purposes and will not be publicly distributed.
FINANCIAL CONSIDERATIONS: There is an overall net increase of $104,668 in the proposed 2022
budget over the 2021 Approved April Amendment. Below is a summary with the event-by-event detail is
provided and attached as Exhibit E. The numbers provided in Exhibit E do not include personnel costs,
general operations (cell phones, meeting expense, dues and memberships, etc.) and capital outlay
(computers, furniture, etc.).
1. Expenses - The proposed 2022 budget includes relatively the same events as in 2021 with an
overall increase in expenses of $103,363.60. This is due to the following:
a. Fireworks in January – As stated above, a fireworks display is currently in the proposed
budget at an estimated cost of $77,000 for the same level of production as “traditional
fireworks show”; i.e., like a July 3rd fireworks production. It is important to note that the
$77,000 is only for fireworks and does not include live music, family zone activation, food and
beverage concessions, VIP area, etc. The most impactful expenses for a 22–23-minute winter
production include:
i. Fireworks production = $45,000
ii. Chain-link fencing = $10,000
iii. Sound equipment and personnel = $5,500
iv. Hired professional security = $4,000
b. We are exploring options to decrease the projected expense as outlined above and expect to
decrease the projected expense to roughly $35,000 to $45,000 by reducing the program
length, reducing mortar size, removing the choreographed soundtrack and chain link fencing.
c. We have requested a proposal from Western Enterprises for a shorter program using low
level barrages and at the time of this report have not yet received the proposal.
d. We request Council direction on the desire to produce a firework display in January of 2022
and/or consider a creating a new event in winter of 2023. The CASE Committee
Proposed 2022 850,220.60$ Proposed 2022 81,675.00$ Proposed 2022 768,545.60$
Adopted 2021: April 27, 2021 746,857.00$ Adopted 2021: April 27, 2021 83,000.00$ Adopted 2021: April 27, 2021 663,857.00$
Difference 103,363.60$ Difference (1,325.00)$ Difference 104,688.60$
EXHIBIT E: COMPARISION SUMMARY ADOPTED APRIL AMENDMENT 2021 VS 2022 PROPOSED BUDGET
GROSS EXPENSE GROSS REVENUE NET
Page 8 of 10
recommended foregoing a fireworks display/event in January 2022 and instead design,
develop and budget for a new and impactful event brand in winter the of 2023.
a. Egg Hunt – There is an increase of $15,275 to reinstate the Egg Hunt event on the Saturday
of Easter Holiday Weekend.
a. AvonLIVE! - There is an increase to AvonLIVE! of $46,554.40. The most impactful expenses
are as follows:
i. The expansion of AvonLIVE! to eleven (11) events instead of nine (9).
ii. An increase of $20,000 to support talent acquisition and contractual increase in
agency/management fee.
iii. An increase of $10,000 for sound and lighting production enhancements.
iv. An overall increase in services such as kids’ activation, portable facility rentals,
security, advertising, promotions, etc.
a. Salute to the USA – There is an increase to Salute to the USA of $58,413.60. The most
impactful expenses are as follows:
i. An increase of $15,000 to reinstate overtime wages for both Avon PD and Public
Works reinstated into the event budget.
ii. An increase of $5,000 in cost of goods for concessions sales.
iii. An increase of $4,000 in printing and reproduction costs (light pole banners,
credentials, etc.).
iv. An increase of $3,500 in audio visual services for stage production.
v. An increase of $4,800 in rentals and crowd control (chain link fencing).
vi. An increase of $3,150 in rental of point-of-sale systems for concession sales.
vii. An increase of $6,000 for temporary labor to help with event set-up, operations,
and tear down.
viii. An increase of $15,000 to reinstate the cost of opening talent into the budget.
ix. An increase of $2,100 to for infrastructure costs such as tents, tables, chairs,
linens, etc.
a. AvonLIVE! Special Edition – There is a decrease of $30,000 with the removal of this event
series.
a. Summer’s End Concert – Overall there is a decrease in projected spending of $13,883.50.
And, as stated above, the headlining talent for the inaugural Summer’s End concert was paid
for in 2020 at a cost of $30,000; and the opportunity for name brand talent rolled into the
Summer’s End events over Labor Day Weekend. The Summer’s End concert is currently in
the proposed 2022 budget at an estimated cost of $34,542.50. The most impactful expenses
include:
i. Headlining talent = $10,000 (similar to a larger AvonLIVE! cost)
ii. Opening talent = $2,500
iii. Stage production = $6,700
iv. Kids activation = $3,000
v. Advertising = $2,550
Page 9 of 10
b. We request Council direction on the desire to continue the single day free concert as part of
the Summer’s End brand over Labor Day Weekend. The CASE Committee thinks the single-
day free concert was an impactful bookend to the overall weekend of festivities in Nottingham
Park and played a role in the winning launch of the new event brand.
Additionally, the proposed budget reflects providing cash funding to producers that were
granted funding in the 2020 and 2021 Approved April Amendment Budget. Once again, we do
not believe there is a need to solicit proposed funding request in the Town’s traditional format.
Also, included is a contingency balance of $50,000 should Town Staff be presented with a
unique opportunity from a third-party producer and/or identify another Town produced event
which is desirable.
a. Third-Party Producers – There is a decrease of $28,500 in cash contributions to third-party
producers with the removal of funding to Triple Bypass of $4,500 and Colorado Classic of
$27,000.
a. Art Installations – There is a decrease of $20,000 in the art installations budget expense due
to the installation of the large format mural in 2021. And, recommend we take a pause, if you
will, and consider what we can envision in 2023!
2. Revenues – Overall there is a decrease of $1,325 in the proposed revenues which are again
conservative. The alcohol sales projection is based on 2021 actuals. The majority of the $81,675
in 2022 proposed budget revenue is generated through alcohol sales representing approximately
60% of the total revenue; and approximately 19% of revenue generated is through sponsorship;
and, the remaining 21% in other special event fee’s and/or rentals. This slight decrease in
proposed revenue is in large part due to the removal of alcohol sales at SunsetLIVE! and
AvonLIVE! Special Edition and the reduced revenue projection at Summer’s End. Important to
note that if there is not a single-day free concert during Summer’s End, the revenue generated
from alcohol sales ($4,500) will be removed from the proposed budget.
RECOMMENDATION: We believe we had a homerun this year and hit the bullseye with a community
focused, full, and diverse calendar of events which utilizes our natural and built resources engaging,
entertain and vibrant! And, we planned and executed strategic line up which kept Avon competitive. We
recommend advancing relatively the same events as 2021 with the exceptions as outlined above.
We recommend not producing the firework display in January of 2022 and instead plan a winter event in
January of 2023. And, recommend keeping the single day free concert element as part of the Summer’s
End event.
REQUESTED DIRECTION: We are requesting Council provide direction on any of the information
provided in this report and specifically to (1) produce a firework display in January 2022 at the estimated
cost of $77,000; or a reduced cost of $40,000; or don’t produce and remove from the proposed budget;
and, (2) produce the single day free concert as part of the Summer’s End event brand or forego.
Thank you, Danita
Page 10 of 10
ATTACHMENTS:
Exhibit A – All Concessions Summary 2021
Exhibit B – Event-By-Event Concessions Summary 2021
Exhibit C – Special Staff Comparison 2019 - 2022
Exhibit D – Proposed 2022 Special Event Calendar
Exhibit E – 2021 vs 2022 Proposed Budget Comparison
Special Events
Recap 2021
October 5, 2021
Attachment A
1.Full, Vibrant & Community Centric Calendar of Events
2.Successfully Launched Summer’s End New Event Brand
3.Grew SunsetLIVE! Event Brand
4.Sustainability -Diversion Rate of 81%
5.Launched Town Operated Alcohol Concessions
6.Launched Art Around Avon Temporary Installations
7.Installed Permanent Art –Enjoy Life! | Disfrute La Vida!
(Mural)
2021 BIG WINS!
1.Need direction on fireworks in January 2022 (i.e., July in January) = $77,015.
CASE recommendation is foregoing fireworks in January in 2022 and launch new
event brand in winter 2023.
2.Need direction on music activation on Monday of Labor Day Weekend = $34,542
CASE recommendation is continue Summer’s End music activation on Monday
of Labor Day Weekend.
3.Consider for future discussion, “What does the special events and art programs
look like to you in 10 years?”
2022 DIRECTION & POLICY
2021 APPROVED BUDGET1: 4/27/2021
Special Event |Art Installation Expense: $746,857
Gross Revenue: $83,000
NET Expense: $663,857
Available Days Memorial Weekend –Labor Day Weekend = 102
Total Days Activated: 75
Total Staff Interactions: 97
•One Full Time CASE Manager | One Full Time Seasonal Production Assistant
•One Full Time Intern | Admin Support from General Government
•16 volunteers = 322 Volunteer Hours
1 Does not include personnel costs, general operations, travel, meals, memberships, computers, etc.
Town Produced Events/Series: 12
Town Produced Event Days: 52
Town Operated Concession Days: 28
Third Party Funded Producers: 8
Third Party Funded Produced Event Days: 29
Non-Funded Special Event Permits: 8
Non-Funded Special Event Days: 8
Private Pavilion Rentals: 9
Private Rental Days: 9
2021 CONCESSION
ACTUALS
Gross Alcohol Revenue2: $58,768
Final Adjusted Gross: $54,405
Expense: $41,064
Net Alcohol Revenue: $13,344
•Two Part Time Seasonal Bar Managers
•AvonLIVE! = One Bar Manger & Two Bar Tenders | SunsetLIVE!
= One Bar Manager
•Salute to the USA = Two Bar Managers & 19 Bar Tenders
•Summer’s End = One Bar Manager & Six Bar Tenders |
Community Picnic = One Bar Manager & One Bar Tender
2 See Exhibits A & B; does not include general operations, computers, etc.
Menu Cost By
Unit
Selling
Price
Reduction in Selling
Price 7/12/2021
Coors Light $1.19 $6.00 $4.00
Coors Banquet $1.19 $6.00 $4.00
VooDoo IPA $1.10 $7.00 $5.00
Blue Moon $1.29 $7.00 $5.00
Corona / Modelo $1.30 /
$1.22
$7.00 $5.00
White Claw $1.34 $7.00 $6.00
Wine: Rose /
Pinot Spritzer
$3.50 /
$2.00
$8.00 $8.00
Wine: Pinot
Grigio
$3.25 $8.00 $8.00
Vodka
Lemonade
$1.25 $8.00 $8.00
Water .$89 $2.00 $1.00
Pop-Up Music
Weekly Performers on the Main Street Mall
•Saturdays June 20 -September 4th (11)
•Main Street Mall @ Lettuce Shed Lane
•Ambient activation for passers-by
•Budget Expense: $8,800
Town Clean Up Day
Leveraging Community to Keep Avon Beautiful
•Saturday, June 3rd
•41 attendees, 4 clean-up zones
•Budget Expense: $2,100
SunsetLIVE!
Free Weekly Concert Series on the Terrace
•Sundays May 30th to September 5th (14)
•One (1) weather cancelation
•Approximately 2,585 attendees throughout series
•Budget Expense: $19,761
•Budget Revenue: $2,400
Friends | Family!
Community | Gratitude!
AvonLIVE!
Free Weekly Concert
Series at the Pavilion
•Wednesdays June 23rd to September 1st (9)
•Five (5) weather impacts; two(2) full cancellations; one
(1) headline only cancellation; two (2) delay or mid-
show stops
•Approximately 4,148 attendees throughout series
•AvonLIVE! Special Edition (3)
•Note: One (1) Special Edition on Saturday,
July 17th
•Budget Expense: $153,296 •Budget Expense: $33,526
•Budget Revenue: $18,600 | $15,000 in concessions;
$3,600 in vendor fees
•Budget Revenue: $4,500
•Six (6) Fridays between July 6th and September 3rd
•Approximately 325 attendees throughout series
•Budget Expense: $12,070
Community | Gratitude!
Lakeside Cinema
Free Outdoor Movie Series
•Saturday, July 3rd
•Approximately 8,300 attendees
•Budget Expense: $198,426
•Budget Revenue: $45,000
$10,000 in sponsorship; $25,000 in concessions; $10,000 vendor fees
Salute to the USA
Avon’s Signature Independence Day Extravaganza
Gathering | Celebrating!
•Labor Day Weekend: September 3rd –September 6th
•Lakeside Cinema, Paddle Battle, Cardboard Regatta, Extended
SunsetLIVE!, Summer’s End Concert
•Budget Expense: $48,931
•Revenue: $7,800 | $7,500 in concessions; $300 in vendor fees
Summer’s End
A Long Weekend of Activities to Finish the Season
We Made It!
•Eight (8) Producers
•29 Event Days
•Budget Expense: $119,000 | $107,000 to Producers; $12,000 Business
Activation
•Budget Revenue: $6,000 | $4,500 from Circus; $1,500 from Brew-Au
Third Party Funded
Producers
1.CCM Events = Weekly Art Expo on
Possibilities Plaza (11)
2.CCM Events = Avon Arts Celebration (3)
3.Vail Lacrosse = Vail Valley Lacrosse
Tournament (3)
4.Vail Valley Foundation = Dancing in the
Park (1)
5.Howard Alan Events = Avon Festival of the
Arts (2)
6.Colorado Circus = Flynn Creek Circus (3)
7.Right On Productions = Vail Valley
Brew’au (1)
8.Colorado Events = Avon Art Festival (3)
9.10th Mountain Mgmt. = Man of the Cliff (2)
(Man of the Cliff was cancelled 9/02)
•10 events, 10 event days
•Expense: $
•Revenue: $
Art & Culture!
Non-Funded Special Event Permits
•Eight (8) Permits
•Six (6) Producers
•Eight (8) Event Days
Non-Funded Events & Private Rentals
1.Mountain Youth: Pride in the Park (1)
2.Mountain Youth: He(art) of Valley Youth
Art Show (1)
3.Mountain Youth: Youthapalooza (1)
4.Vail Valley Soccer Tournament (2)
5.Colorado Disc Dogs Championship (1)
6.XTERRA Mountain Championships (1)
7.Eagle Valley Outdoor Movement Day (1)
8.Special Olympics Polar Plunge (1)
•10 events, 10 event days
•Expense: $
•Revenue: $
Avon…Popular Place!
1.Berry Creek Middle School Continuation
Ceremony (1)
2.Education Foundation of Eagle County
Teacher Appreciation Night (1)
3.Colorado Festival and Events Association
Networking Event (1)
4.Loya Birthday Party (1)
5.Webb Birthday Party (1)
6.Nance Wedding (1)
7.Freeman Birthday Party (1)
8.Koffenberger-Young Wedding (1)
9.Eagle County Public Health Staff Luncheon (1)
Private Pavilion Rentals
•Nine (9) Rentals
•Nine (9) Event Days
Art In Avon
•Permanent Installations: “Disfrute la Vida/Enjoy Life” Mural | 4
interactive musical instruments
•Temporary Installations: 9 sculptures & Avon Art Walk event
•47-point Art Around Avon digital and printed walking tour
•Budget Expense: $45,000 | $25,000 for Mural; $20,000 for temporary
installations
Surprise & Delight!
Sustainability & Special Events
The Town of Avon-activated events had an
average diversion rate of 84%!
1.957 lbs. of waste were composted
2.1,222 lbs. were recycled
3.Total weight of 2,179 lbs. diverted from the
landfill.
•10 events, 10 event days
•Expense: $
•Revenue: $
Mother Earth!
Sustainability & Special Events
ALL zero waste events in the Town of
Avon (town-activated and 3rd party), there
was an average diversion rate of 81%!
1.1,084lb were composted
2.1,624lb were recycled
3.Total weight of 2,708lb diverted from
the landfill.
•10 events, 10 event days
•Expense: $
•Revenue: $
Healthy Climate!
Thank you!
ddempsey@avon.org
All Events
Actual Cash Sales 26,991.00$
Credit Card Sales 37,284.14$
Less Credit Card Tips 5,506.92$
Total Gross Sales 58,768.22$
Avon Sales Tax 4%
Less Sales Tax ($)2,260.32$
Sales Tax (%)4.40%
Less Sales Tax ($)2,476.82$
Tax Adjusted Gross Sales 56,291.40$
Less Credit Card Fees ($)1,885.53$
Final Adjusted Gross Sales 54,405.87$
Expenses: Cost of Goods
Labor (Bar Manager + Servers)1 13,626.00$
City Market (Ice)3,349.89$
Open Water (Bottled Water Product)2,130.66$
New Age Beverage 306.00$
RNDC (Canned Cocktails & Wine)7,715.00$
Mountain Beverage (Beer)8,543.02$
Cost of Comp Product 1,396.51$
Sub-Total Expenses: Cost of Goods 37,067.08$
Expenses: Equipment
Equipment Rental 2,790.00$
Equipment Shipping 1,204.49$
Sub-Total Expenses: Equipment 3,994.49$
Final Adjusted Gross Sales 54,405.87$
Expenses 41,061.57$
Net Revenue 13,344.30$
Percentage of Cost 75%
1 Hourly wage; tips not included
EXHIBIT A - SUMMARY 2021 ALCOHOL
CONCONCESSIONS
AvonLIVE! (9)AvonLIVE SE! (1)SunsetLIVE! (14) Salute to the USA (1)Summers End (1)
Actual Cash Sales 7,716.00$ 475.00$ 3,190.00$ 12,659.00$ $2,951.00
Credit Card Sales 10,796.81$ 492.71$ 4,278.69$ 18,251.36$ $3,464.57
Less Credit Card Tips 1,647.81$ 70.71$ 621.69$ 2,486.14$ $680.57
Total Gross Sales 16,865.00$ 897.00$ 6,847.00$ 28,424.22$ 5,735.00$
Avon Sales Tax 4%4%4%4%4%
Less Sales Tax ($)648.65$ 34.50$ 263.35$ 1,093.24$ 220.58$
Sales Tax (%) Eagle County / State 4.40%4.40%4.40%4.40%4.40%
Less Sales Tax ($)710.79$ 37.80$ 288.57$ 1,197.96$ $241.70
Tax Adjusted Gross Sales 16,154.21$ 859.20$ 6,558.43$ 27,226.26$ 5,493.30$
Less Credit Card Fees ($)382.57$ 17.91$ 741.54$ 616.03$ $127.48
Final Adjusted Gross Sales 15,771.64$ 841.29$ 5,816.89$ 26,610.23$ 5,365.82$
Expenses: Cost of Goods
Labor (Bar Manager + Servers)-$ -$ -$ -$ -$
City Market (Ice)428.32$ 45.48$ 266.09$ 1,895.00$ $715.00
New Age Beverage 306.00$ -$ -$ -$ -$
RNDC (Canned Cocktails & Wine)1,320.00$ 156.00$ 990.00$ 4,944.00$ $305.00
Mountain Beverage (Beer)3,014.90$ 168.90$ 982.25$ 4,352.20$ $1,116.90
Sub-Total Expenses: Cost of Goods 5,069.22$ 370.38$ 2,238.34$ 11,191.20$ 2,136.90$
Expenses: Equipment
Equipment Rental 202.50$ -$ 202.50$ 2,182.50$ 202.50$
Equipment Shipping 73.31$ -$ 73.31$ 984.56$ 73.31$
Sub-Total Expenses: Equipment 275.81$ -$ 275.81$ 3,167.06$ 275.81$
Final Adjusted Gross Sales 15,771.64$ 841.29$ 5,816.89$ 26,610.23$ 5,365.82$
Expenses 5,345.03$ 370.38$ 2,514.15$ 14,358.26$ 2,412.71$
Net Revenue 10,426.61$ 470.91$ 3,302.74$ 12,251.97$ 2,953.11$
Percentage of Cost 34%44%43%54%45%
EXHIBIT B - EVENT-BY-EVENT 2021 ALCOHOL CONCESSIONS SUMMARY
Events Event Hours Hours Per Day/Event Events Event Hours Hours Per Day/Event Events Event Hours Hours Per Day/Event
Permenantem Installations: Art N/A Permanent Installations: Art 320 Permanent Installations: Art 320
Temporary Installations: Art N/A Temporary Installations: Art 320 Temporary Installations: Art 320
July in January 10 10 hours per day for 1 day July in January N/A July in January 10 10 hours per day for 1 day
Egg Hunt 7 7 hours per day for 1 day Egg Hunt N/A Egg Hunt 7 7 hours per day for 1 day
Pop Up Strings (1)2 Pop Up Strings N/A Pop Up Strings N/A
Town Cleanup 8 8 hours per day for 1 day Town Cleanup 8 8 hours per day for 1 day Town Cleanup 8 8 hours per day for 1 day
Weekly Art Expo N/A Weekly Art Expo 11 2 hours per event for 11 events Weekly Art Expo 11 2 hours per event for 11 events
AvonLIVE!80 10 hours per event for 8 events AvonLIVE!110 10 hours per event for 11 events AvonLIVE!110 10 hours per event for 11 events
SunsetLive!N/A SunsetLive!84 6 hours per event for 14 events SunsetLive!84 6 hours per event for 14 events
Pop Up Music N/A Pop Up Music 11 1 hour per event for 11 events Pop Up Music 11 1 hour per event for 11 events
Vail Valley Lacrosse N/A Vail Valley Lacrosse 10 10 hours for 3 days Vail Valley Lacrosse 10 10 hours for 3 days
Purina Pro Dog Challenge 16 8 hours per day for 2 day Purina Pro Dog Challenge N/A Purina Pro Dog Challenge N/A
Vail Valley BrewFest 10 10 hours per day for 1 day Vail Valley Brew-Au'10 10 hours per day for 1 day Vail Valley Brew-Au'10 10 hours per day for 1 day
Salute to the USA 20 20 hour per event for 1 event Salute to the USA 20 20 hour per event for 1 event Salute to the USA 20 20 hour per event for 1 event
Triple Bypass 10 10 hours per day for 1 day Triple Bypass N/A Triple Bypass N/A
Lakeside Cinema N/A Lakeside Cinema 30 5 hours per event for 6 events Lakeside Cinema 30 5 hours per event for 6 events
AvonLIVE! Special Edition N/A AvonLIVE! Special Edition 10 10 hours per event for 1 events AvonLIVE! Special Edition 0 10 hours per event for 3 events
Circus Colorado 6 2 hours per day for 3 days Circus Colorado 6 2 hours per day for 3 days Circus Colorado N/A
Avon Arts Celebration N/A Avon Arts Celebration 12 4 hours per day for 3 days Avon Arts Celebration 12 4 hours per day for 3 days
Dancing in the Park 4 4 hours per day for 1 day Dancing in the Park 4 4 hours per day for 1 day Dancing in the Park 4 4 hours per day for 1 day
Avon Festival of the Arts N/A Avon Festival of the Arts 8 4 hours per day for 2 days Avon Festival of the Arts 8 4 hours per day for 2 days
SUP Race N/A SUP Race 0 6 hours per day for 1 day SUP Race 6 6 hours per day for 1 day
Colorado Classic 12 12 hours per day for 1 day Colorado Classic N/A Colorado Classic 12 12 hours per day for 1 day
Community Picnic 8 8 hours per event for 1 day Community Picnic 8 8 hours per event for 1 day Community Picnic 8 8 hours per event for 1 day
Paddle Battle N/A Paddle Battle 8 8 hours per day for 1 day Paddle Battle 8 8 hours per day for 1 day
Summer's End N/A Summer's End 0 10 hours per day for 2 days Summer's End 0 10 hours per day for 2 days
Major League Triathon 20 10 hours per day for 2 days Major League Triathon N/A Major League Triathon N/A
Avon Arts Festival N/A Avon Arts Festival 15 3 hours per day for 3 days Avon Arts Festival 15 3 hours per day for 3 days
Vail Valley Soccer Tournament 5 5 hours per day for 1 day Vail Valley Soccer Tournament 5 5 hours per day for 1 day Vail Valley Soccer Tournament 5 5 hours per day for 1 day
Man of the Cliff 20 10 hours per day for 2 days Man of the Cliff 20 10 hours per day for 2 days Man of the Cliff 20 10 hours per day for 2 days
SUB-TOTAL EVENT HOURS:238 SUB-TOTAL EVENT HOURS:390 SUB-TOTAL EVENT HOURS:409
Praise in the Park 5 5 hours per day for 1 day Pride in the Park 5 5 hours per day for 1 day Pride in the Park 5 5 hours per day for 1 day
Fall Fest 7 7 hours per day for 1 day Hea(art of the Vally Youth 7 7 hours per day for 1 day Hea(art of the Vally Youth 7 7 hours per day for 1 day
Community Walk 5 5 hours per day for 1 day Youthapalooza 5 5 hours per day for 1 day XTERRA 4 4 hours per day for 1 day
XTERRA 4 4 hours per day for 1 day XTERRA 4 4 hours per day for 1 day Colorado Disc Dogs 5 5 hours per day for 1 day
One Rental of Pavilion 5 5 hours per day for 1 day Colorado Disc Dogs 5 5 hours per day for 1 day Polar Plunge 5 5 hours per day for 1 day
SUB-TOTAL EVENT HOURS:26 Eagle Valley Outdoor Movemeny 5 5 hours per day for 1 day Berry Creek Continuation 5 5 hours per day for 1 day
Polar Plunge 5 5 hours per day for 1 day EFEC Teacher Appreciation 5 5 hours per day for 1 day
TOTAL STAFF HOURS:264 Berry Creek Continuation 5 5 hours per day for 1 day SUB-TOTAL EVENT HOURS:36
EFEC Teacher Appreciation 5 5 hours per day for 1 day
CFEA Networking Event 4 4 hours per day for 1 day TOTAL STAFF HOURS:445
Loya B-Day Party 2 2 hours per day for 1 day
Webb B-Day Party 2 2 hours per day for 1 day
Nance Wedding 2 2 hours per day for 1 day
Freeman B-Day Party 4 4 hours per day for 1 day
Koffenberger-Young Wedding 4 4 hours per day for 1 day
Eagle County Staff Luncheon 2 2 hours per day for 1 day
SUB-TOTAL EVENT HOURS:66
TOTAL STAFF HOURS:456
Non Funded Events & Private Rentals
Special Event Coordinator: ONE FULL TIME
2019 EVENT STAFF HOURS
Non Funded Events & Private Rentals
2022 EVENT STAFF HOURS
Non Funded Events & Private Rentals
EXHIBIT C: COMPARISON 2019 VS 2021 AND 2022 STAFF HOURS
Special Event Coordinator: ONE FULL TIME
2021 EVENT STAFF HOURS
Special Event Coordinator: ONE PART TIME SEASONAL
Percentage of Increase in Staff Hours 2019 vs 2021 = 58%Percentage of Increase in Staff Hours 2019 vs 2022 = 59%
Exhibit D-2022 Events Calendar
January February March
Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa
1 1 2 3 4 5 1 2 3 4 5
2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12
9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19
16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26
23 24 25 26 27 28 29 27 28 27 28 29 30 31
30 31
April M May June
Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa
1 2 1 2 3 4
3 4 5 6 7 8 9 1 2 3 4 5 6 7 5 6 7 8 9 10 11
10 11 12 13 14 15 16 8 9 10 11 12 13 14 12 13 14 15 16 17 18
17 18 19 20 21 22 23 15 16 17 18 19 20 21 19 20 21 22 23 24 25
24 25 26 27 28 29 30 22 23 24 25 26 27 28 26 27 28 29 30
29 30 31
July August S September
Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa
1 2 1 2 3 4 5 6 1 2 3
3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10
10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17
17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24
24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30
31
October November December
Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa
1 1 2 3 4 5 1 2 3
2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10
9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17
16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24
23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31
30 31
Event Type Legend
Music Education
Recreation Private Rental / APP
Arts & Culinary MSM Activation
Participatory & Athletic Field Maintenance
July In January | Salute Private Rentals
2+ colors for multiple
Events/Venues
JANUARY
January 1 – March 15 | Ice Skating
January 16 | July in January UF, NL, NB
APRIL
April 16 | Egg Hunt UF
MAY
May 29 | SunsetLIVE! T
JUNE
June 10 | Art Around Avon Walk A
June 4,11,18,25 | Yoga in the Park T
June 5,12,19,26 | SunsetLIVE!T
June 19 | Daddy-Daughter Tutu 2K TR
June 22, 29 | Weekly Art Expo** MSM
June 25 | Pop Up Music MSM
June 4 | Town Clean Up A
June 9,16,23,30 | OW Swim NB, NL
June 11 | Pride in the Park P, UF
June 21-23 | Lacrosse** UF,LF
June 22, 29 | AvonLIVE! P, UF
June 20, 27 | Dunk-N-Dash NB, NL, TR
JULY
July 7,14,21,28 | OW Swim NL, NB
July 6,13,20,27 | AvonLIVE! P, UF
July 8,15,22,29 | LS Cinema P, UF
July 9 | Colorado Disc Dogs UF
July 10,17,24,31 | SunsetLIVE! T
July 15-16 | Xterra**UF,NL
July 22-24 | Avon Arts Celebration UF
July 3 | Salute to the USA P
July 6,13,20,27 | Weekly Art Expo**
MSM
July 9,16,23,30 | Pop Up Music MSM
July 9,16,23,30 | Yoga in the Park T
July 11,18,25 | Dunk-N-Dash NB, NL, TR
AUGUST
August 1 | Dunk-N-Dash NB, NL, TR
August 3,10,17,24,31 | AvonLIVE! P, UF
August 11 | Dancing in the Park** P
August 4,11 | OW Swim NL, NB
August 4 | Sunset SUP Race NL
August 6,13,20,27 | Pop Up Music MSM
August 13-14 | OW Swim Ch’ship NL, NB
August 7,14,21,28 | SunsetLIVE! T
August 3,10,17,24,31| Weekly Art
Expo** MSM
August 5,12,19,26, | LS Cinema P, UF
August 6,13,20,27 | Yoga in the Park T
August 10-15 | Colorado CircusUF
August 13,20 | Vail Valley Brew-Au** P,UF
SEPTEMBER
September 2 | LS Cinema P, UF
September 3-5 | Avon Arts Festival UF
September 4 | Paddle Battles NB, NL
September 3 | Pop Up Music MSM
September 4 | SunsetLIVE! T
September 15 | Community Picnic UF
OCTOBER
October 1-2 | Vail Valley Soccer** UF October 7-8 | Man of the Cliff** UF
Venue Legend
Main Street Mall | MSM Pavilion | P Terrace | T All-town | A Trails | TR Lower Rec Field | LF Upper Rec Field | UF Nottingham Lake | NL Nottingham Beach | NB
2022 Public/Private Rentals Calendar
January February March
Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa
1 2 1 2 3 4 5 6 1 2 3 4 5 6
3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13
10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20
17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27
24 25 26 27 28 29 30 28 28 29 30 31
31
April M May June
Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa
1 2 3 1 1 2 3 4 5
4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12
11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19
18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26
25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30
30 31
July August S September
Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa
1 2 3 1 2 3 4 5 6 7 1 2 3 4
4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11
11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18
18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25
25 26 27 28 29 30 31 29 30 26 27 28 29 30
October November December
Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa
1 2 1 2 3 4 5 6 1 2 3 4
3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11
10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18
17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25
24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31
31
Event: Dates, Names & Venue Details
JUNE
June 1 | BCMS Continuation Ceremony P, UF – 4-8 pm – Shannon Grant
June 2 | EFEC P, UF
SEPTEMBER
September 24 | Wedding P
Venue Legend
Main Street Mall | MSM Pavilion | P Terrace | T All-town | A Trails | TR Lower Rec Field | LF Upper Rec Field | UF Nottingham Lake | NL Nottingham Beach | NB
Proposed 2022 850,220.60$ Proposed 2022 81,675.00$ Proposed 2022 768,545.60$
Adopted 2021: April 27, 2021 746,857.00$ Adopted 2021: April 27, 2021 83,000.00$ Adopted 2021: April 27, 2021 663,857.00$
Difference 103,363.60$ Difference (1,325.00)$ Difference 104,688.60$
VARIANCES 2022 VS 2021
TOWN PRODUCED EVENTS TOTALS TOWN PRODUCED EVENTS TOTALS TOTALS
N/A -$ July in January 77,015.00$ 77,015.00$
Egg Hunt -$ Egg Hunt 15,275.00$ 15,275.00$
Town Clean Up 2,100.00$ Town Clean Up 2,100.00$ -$
Best of the West -$ Best of the West -$ -$
AvonLIVE! 157,198.00$ AvonLIVE! 203,752.50$ 46,554.50$
AvonLIVE! Special Edition 30,000.00$ AvonLIVE! Special Edition -$ (30,000.00)$
SunsetLIVE! 19,761.00$ SunsetLIVE! 22,850.00$ 3,089.00$
Pop Up Music $ 8,800.00 Pop Up Music $ 8,800.00 -$
Salute to the USA 197,426.00$ Salute to the USA 255,839.60$ 58,413.60$
Lakeside Cinema 11,646.00$ Lakeside Cinema 12,636.00$ 990.00$
Pose & Paddle 12,445.00$ Paddle Battlles 15,750.00$ 3,305.00$
Sunset SUP Race 3,820.00$ Sunset SUP Race 3,425.00$ (395.00)$
Summer's End 48,161.00$ Summer's End 34,277.50$ (13,883.50)$
Community Picnic 10,000.00$ Community Picnic 13,500.00$ 3,500.00$
Music Activation - Sponsorship 12,000.00$ Music Activation - Sponsorship -$ (12,000.00)$
TOWN PRODUCED EVENTS TOTAL:$513,357.00 TOWN PRODUCED EVENTS TOTAL:$665,220.60 151,863.60$
THIRD PARTY PRODUCED TOTALS THIRD PARTY PRODUCED TOTALS
Beaver Creek Rodeo -$ Beaver Creek Rodeo -$ -$
Vail Valley Lacrosse -$ Vail Valley Lacrosse -$ -$
Possibilities in Avon: Weekly Art Market -$ Possibilities in Avon: Weekly Art Market 3,000.00$ 3,000.00$
Vail Valley BrewFest 32,000.00$ Vail Valley BrewFest 32,000.00$ -$
Xterra Mtn. Champoinship -$ Xterra Mtn. Champoinship -$ -$
Triple Bypass 4,500.00$ Triple Bypass -$ (4,500.00)$
Dancing in the Park 30,000.00$ Dancing in the Park 30,000.00$ -$
Circus Colorado: Flynn Creek 35,000.00$ Circus Colorado: Flynn Creek 35,000.00$ -$
Colorado Classic 27,000.00$ Colorado Classic -$ (27,000.00)$
EXHIBIT E: COMPARISION SUMMARY ADOPTED APRIL AMENDMENT 2021 VS 2022 PROPOSED BUDGET
GROSS EXPENSE GROSS REVENUE NET
2021 BUDGET EXPENSE: ADOPTED APRIL AMENDMENT 2022 BUDGET EXPENSE: PROPOSED
2021 VS 2022 PROPOSED BUDGET COMPARISON
Avon Art Festival -$ Avon Art Festival -$ -$
Avon Art Celebration -$ Avon Art Celebration -$ -$
Vail Valley Soccer Cup -$ Vail Valley Soccer Cup -$ -$
Man of the Cliff 10,000.00$ Man of the Cliff 10,000.00$ -$
Contingency 50,000.00$ Contingency 50,000.00$ -$
TOTAL THIRD PARTY & CONTINGENCY:188,500.00$ TOTAL THIRD PARTY & CONTINGENCY:160,000.00$ (28,500.00)$
ART INSTALLATIONS TOTALS ART INSTALLATIONS TOTALS
Temp. Art Installations 20,000.00$ Temp. Art Installations 20,000.00$ -$
Temp. and/or Permanent Art Installation 25,000.00$ Temp. and/or Permanent Art Installation 5,000.00$ (20,000.00)$
TOTAL ART INSTALLATIONS:45,000.00$ TOTAL ART INSTALLATIONS:25,000.00$ (20,000.00)$
GRAND TOTAL:$746,857.00 GRAND TOTAL:$850,220.60 $103,363.60
VARIANCES 2022 VS 2021
EVENT SPONSORSHIP TOTALS EVENT SPONSORSHIP TOTALS TOTALS
Salute to the USA 10,000.00$ Salute to the USA 16,000.00$ 6,000.00$
AvonLIVE! Series -$ AvonLIVE! Series -$ -$
Best of the West -$ Best of the West -$ -$
Summer's End -$ Summer's End -$ -$
-$
Sub -Total:10,000.00$ Sub -Total:16,000.00$ 6,000.00$
EVENT CONCESSIONS EVENT CONCESSIONS
Gross AvonLIVE! 15,000.00$ Gross AvonLIVE! 16,875.00$ 1,875.00$
Gross AvonLIVE! Special Edition 4,500.00$ Gross AvonLIVE! Special Edition -$ (4,500.00)$
Gross Salute to the USA 25,000.00$ Gross Salute to the USA 28,000.00$ 3,000.00$
SunsetLIVE!2,400.00$ SunsetLIVE!-$ (2,400.00)$
Summer's End 7,500.00$ Summer's End 4,500.00$ (3,000.00)$
-$
Sub -Total:54,400.00$ Sub -Total:49,375.00$ (5,025.00)$
TURN-KEY PERMITS TURN-KEY PERMITS
Xterra - Team Unlimited 300.00$ Xterra - Team Unlimited 300.00$ -$
Other TBD 600.00$ Other TBD 600.00$ -$
-$
Sub-Total:900.00$ Sub-Total:900.00$ -$
SPECIAL EVENT FEES SPECIAL EVENT FEES
Vendor Fees: Salute 10,000.00$ Vendor Fees: Salute 4,600.00$ (5,400.00)$
2022 BUDGET REVENUE: PROPOSED 2021 BUDGET REVENUE: ADOPTED APRIL AMENDMENT
Vendor Fees: Avon Live 2,000.00$ Vendor Fees: Avon Live 2,000.00$ -$
Vendor Fees: Summer's End 300.00$ Vendor Fees: Summer's End 300.00$ -$
Bridge Banner Fees 300.00$ Bridge Banner Fees 300.00$ -$
Sound Permits 100.00$ Sound Permits 100.00$ -$
N/A -$ Paddle Battle Registration Fees 400.00$ 400.00$
Sub -Total:12,700.00$ Sub -Total:7,700.00$ (5,000.00)$
SPECIAL EVENT ADMISSION FEES SPECIAL EVENT ADMISSION FEES
Circus Bella 2,250.00$ Circus Bella 3,500.00$ 1,250.00$
Vail Valley Brew Fest 750.00$ Vail Valley Brew Fest 2,200.00$ 1,450.00$
Sub-Total:3,000.00$ Sub-Total:5,700.00$ 2,700.00$
MOBILE VENDORS MOBILE VENDORS
-$ -$ -$
Sub-Total:-$ Sub-Total:-$ -$
PAVILION RENTAL $2,000 PAVILION RENTAL $2,000
Sub-Total:$2,000 Sub-Total:$2,000 -$
FIELD RENTAL $0 FIELD RENTAL $0
Sub-Total:$0 Sub-Total:$0 -$
TOTAL PROJECTED REVENUE:83,000.00$ TOTAL PROJECTED REVENUE:81,675.00$ (1,325.00)$
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager
RE: Stonebridge Round-About CDOT Grant Agreement DATE: October 11, 2021
SUMMARY: A CDOT Contract for the $2 Million grant funding from CDOT is presented for Council
approval. Mobility Director Eva Wilson received the grant Contract late last week. This Contract is in
CDOT’s standard language which is rarely, if ever, changed. Avon cannot proceed with any work until the
grant Contract is fully executed by the Town and CDOT. Eva is urging for a quick approval to allow the
Town to start on the surveying work as soon as possible before the early winter snowfalls so that the Town
and Eagle County can be in a position to potentially bid this work out in early spring.
The grant Contract is for $2,000,000 in grant funding for the Town along with a $500,000 local match
commitment. The Town of Avon is sharing the $500,000 local match commitment. The Town’s
Procurement Code requires Council approval for any contract that is over $100,000; therefore, this Contract
is presented to Council.
PROPOSED MOTION: “I move to approve the grant funding Contract – US6 Mobility Improvement Project,
and authorize Mayor Sarah Smith Hymes to execute the Contract on behalf of the Town.”
Thank you, Eric
ATTACHMENT A: Grant Funding Contract – US6 Mobility Improvement Project
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 1 of 12
CONTRACT
THIS CONTRACT made this ___ day of ________________ 20___, by and between the State of Colorado for the use
and benefit of the Colorado Department of Transportation hereinafter referred to as the State and TOWN OF AVON
hereinafter referred to as the “Contractor” or the “Local Agency.”
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for payment of project and Local Agency costs. Contract
Encumbrance Amount: $0.00.
2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies.
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance
and construction of highways that are part of the state (or local agency) highway system.
4. Local Agency anticipates a project for US 6 Mobility Improvement and by the date of execution of this contract, the
Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing
the general nature of the Work. The Local Agency understands that before the Work begins, the Local Agency
must receive an official written “Notice to Proceed” prior to commencing any part of the Work. The Local Agency
further understands, before the Work begins, the form #463 may be revised as a result of design changes made by
CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform
the Work described in form #463, as it may be revised.
5. The Local Agency has requested that State funds be made available for project C M058-003 (24776), US6 Mobility
Improvement referred to as the “Project” or the “Work.” Such Work will be performed in Avon, Colorado,
specifically described in Exhibit A.
6. The State has funds available and desires to provide 80.00% of the funding for the work. Local Agency will
provide the other 20.00%. State funds may be awarded pursuant to Multimodal Transportation Options Funding
(“MMOF”), as applicable. MMOF means money transferred from the general fund to the fund pursuant to C.R.S.
§§24-75-219 (5)(a)(III) and (5)(b)(III) and any other money that the general assembly may appropriate or transfer
to the fund. These funds are subject to an expiration date. Currently, the expiration date for MMOF is June 30,
2023. If the funds are extended the State will notify the Local Agency of the new expiration date.
7. The Local Agency desires to comply with all state and other applicable requirements, including the State's general
administration of the project through this contract, in order to obtain state funds for the project.
8. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work,
as may be evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and
to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
9. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144,
C.R.S. and Exhibit B.
10. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all
of the Work.
11. The Local Agency can more advantageously perform the Work.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project or the Work under this contract shall consist of US 6 Mobility Improvement Project, in Avon, Colorado, as
more specifically described in Exhibit A.
Section 2. Order of Precedence
State $LAWRK REGION: 3
PROJECT: C M058-003 (24776)
US6 Mobility Improvement Project
TCH
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 2 of 12
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in Section 27 of this contract
2. This contract
3. Exhibit A (Scope of Work)
4. Exhibit B (Local Agency Resolution)
5. Exhibit C (Funding Provisions)
6. Exhibit D (Option Letter)
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later.
It shall terminate on October 04, 2031, or sooner if any of the State’s funding expires, or is sooner terminated or unless
performance is extended in accordance with this Contract.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work,
as may be evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and
to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
B. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being
made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed
upon herein, the contract may be terminated by either party, provided that any party terminating its interest and
obligations herein shall not be relieved of any obligations which existed prior to the effective date of such
termination or which may occur as a result of such termination.
C. Funding will be detailed in Exhibit C of the funding provisions.
Section 5. Project Payment Provisions
A. The State will reimburse the Local Agency for incurred costs relative to the project following the State’s review
and approval of such charges, subject to the terms and conditions of this Contract. Provided however, that charges
incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged
by the Local Agency to the project, and will not be reimbursed by the State.
B. The State will reimburse the Local Agency’s reasonable, allocable, allowable costs of Performance of the Work,
not exceeding the maximum total amount described in Exhibit C. The applicable principles described in 49
C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract.
The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local
Agency shall be:
1. In accordance with the provisions of Section 5 and with the terms and conditions of this contract;
2. Necessary for the accomplishment of the Work;
3. Reasonable in the amount for the goods and services provided;
4. Actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value
received by the Local Agency that have the effect of reducing the cost actually incurred);
5. Incurred for Work performed after the effective date of this contract;
6. Satisfactorily documented.
C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract
and project objectives.
1. All allowable costs charged to the project, including any approved services contributed by the Local Agency
or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in detail the nature of the charges.
2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against
the project account shall be drawn up only in accordance with a properly signed voucher then on file in the
office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified,
readily accessible, and to the extent feasible, kept separate and apart from all other such documents.
D. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows:
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 3 of 12
1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later
than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60
days of demand or within such other period as may be agreed between the parties hereto, the Local Agency
agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future
apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to
the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway
Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days
after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month
on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The
interest shall accrue for the period from the required payment date to the date on which payment is made.
E. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative
to the project. The Local Agency’s invoices shall include a description of the amounts of services performed, the
dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared
in accordance with the State’s standard policies, procedures and standardized billing format to be supplied by the
State. If the project is funded by MMOF, then billing for all work must be submitted 30 days prior to end of State
fiscal year. The State fiscal year ends June 30th. MMOF projects must submit final billing for all work 30 days
prior to the end of the State fiscal year that funds expire. If MMOF are used, and the State knows that the funds
will expire, the State shall promptly notify Local Agency of the expiration date. The State will promptly notify
the Local Agency if that expiration date changes.
F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being
requested and final billings on this contract must be received by the State within 60 days after the end of the
contract term.
1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services. The liability of the State, at any time, for such
payments shall be limited to the amount remaining of such encumbered funds.
2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion
of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from
the Local Agency by deduction from subsequent payment under this contract or other contracts between the
State and Local Agency, or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by
the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State’s
election.
Section 6. Option Letter Modification
An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted funds,
increase or decrease the encumbrance amount as shown on Exhibit C, and/or transfer funds from one phase to another.
Option letter modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid
until signed by the State Controller or an authorized delegate.
A. Option to begin a phase and/or increase or decrease the encumbrance amount.
The State may authorize the Local Agency to begin a phase that may include Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or
Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement, with
the total budgeted funds as shown on Exhibit C remaining the same. The State may increase or decrease the
encumbrance amount for a particular phase by replacing the original funding exhibit (Exhibit C) in the original
Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.). The
State may exercise this option by providing a fully executed option to the Local Agency within thirty (30) days
before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State
exercises this option, the Agreement will be considered to include this option provision.
B. Option to transfer funds from one phase to another phase.
The State may permit the Local Agency to transfer funds from one phase (Design, Construction, Environmental,
Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state, federal, and local match.
The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 4 of 12
1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The funds
transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement
with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a
fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase,
in a form substantially equivalent to Exhibit D.
C. Option to do both Options A and B.
The State may authorize the Local Agency to begin a phase as detailed in Exhibit A, and encumber and transfer
funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be
replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and
attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject to the
same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same.
The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within
thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D.
Section 7. State and Local Agency Commitments
The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to either
the Local Agency or the State. The “Responsible Party” referred to in this contract means the Responsible Party as
identified in the Scope of Work in Exhibit A.
A. Design [if applicable]
1. If the Work includes preliminary design or final design (the “Construction Plans”), or design work sheets, or
special provisions and estimates (collectively referred to as the “Plans”), the responsible party shall comply
with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the Work.
b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the
American Association of State Highway Transportation Officials (AASHTO) manual or other standard,
such as the Uniform Building Code, as approved by CDOT.
c. prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design Manuals
and Standard Specifications for Road and Bridge Construction or Local Agency specifications if
approved by CDOT.
d. include details of any required detours in the Plans, in order to prevent any interference of the
construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction contract except by
agreement in writing between the parties. The Plans shall be considered final when approved and
accepted by the parties hereto, and when final they shall be deemed incorporated herein.
2. If the Local Agency is the responsible party:
a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA),
and applicable federal regulations and standards as contained in the document “ADA Accessibility
Requirements in CDOT Transportation Projects”.
b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that
are directed by the State to comply with State requirements.
c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction
administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be
done by a consultant, that consultant contract (and the performance/provision of the Plans under the
contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures
implementing those requirements as provided by the State. If the Local Agency does enter into a contract
with a consultant for the Work:
(1) it shall submit a certification that procurement of any design consultant contract complied with the
requirements of 23 CFR 172.5(1) prior to entering into contract. The State shall either approve or
deny such procurement. If denied, the Local Agency may not enter into the contract.
(2) it shall ensure that all changes in the consultant contract have prior approval by the State. Such
changes in the contract shall be by written supplement agreement. As soon as the contract with the
consultant has been awarded by the Local Agency, one copy of the executed contract shall be
submitted to the State. Any amendments to such contract shall also be submitted.
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 5 of 12
(3) it shall require that all consultant billings under that contract shall comply with the State’s
standardized billing format. Examples of the billing formats are available from the CDOT
Agreements Office.
(4) it (or its consultant) shall use the CDOT procedures described in Exhibit A to administer that design
consultant subcontract, to comply with 23 CFR 172.5(b).
(5) it may expedite any CDOT approval of its procurement process and/or consultant contract by
submitting a letter to CDOT from the certifying Local Agency’s attorney/authorized representative
certifying compliance with 23 CFR 172.5(b).
(6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i) and
contains the following language verbatim:
(a) “The design work under this contract shall be compatible with the requirements of the contract
between the Local Agency and the State (which is incorporated herein by this reference) for the
design/construction of the project. The State is an intended third party beneficiary of this
contract for that purpose.”
(b) “Upon advertisement of the project work for construction, the consultant shall make available
services as requested by the State to assist the State in the evaluation of construction and the
resolution of construction problems that may arise during the construction of the project.”
(c) “The consultant shall review the construction contractor’s shop drawings for conformance with
the contract documents and compliance with the provisions of the State’s publication, Standard
Specifications for Road and Bridge Construction, in connection with this work.”
(d) The State, in its discretion, will review construction plans, special provisions and estimates and
will cause the Local Agency to make changes therein that the State determines are necessary to
assure compliance with State requirements.
B. Construction [if applicable]
1. If the Work includes construction, the responsible party shall perform the construction in accordance with
the approved design plans and/or administer the construction all in accord with the Scope of Work in Exhibit
A. Such administration shall include project inspection and testing; approving sources of materials;
performing required plant and shop inspections; documentation of contract payments, testing and inspection
activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract
modification orders and minor contract revisions; processing contractor claims; construction supervision; and
meeting the Quality Control requirements as described in the Scope of Work in Exhibit A.
2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to
the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which
are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for
conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed
by the State to be in the public interest.
3. If the Local Agency is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency
Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in
accordance with this contract, the requirements of the construction contract and applicable State
procedures.
b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval
by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by
the State.
(1) The Local Agency has the option to accept or reject the proposal of the apparent low bidder for work
on which competitive bids have been received. The Local Agency must declare the acceptance or
rejection within 3 working days after said bids are publicly opened.
(2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly
authorized representatives, agrees to provide additional funds, subject to their availability and
appropriation for that purpose, if required to complete the Work under this project if no additional
federal-aid funds will be made available for the project. This paragraph also applies to projects
advertised and awarded by the State.
c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force
account), rather than by a competitive bidding process, the Local Agency will ensure that all such force
account work is accomplished in accordance with the pertinent State specifications and requirements
with 23 CFR 635, Subpart B, Force Account Construction.
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 6 of 12
(1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between
the Local Agency and the Stat in advance of the Work, as provided for in 23 CFR 635.204(c). Such
agreed unit prices shall constitute a commitment as to the value of the Work to be performed.
(2) An alternative to the above is that the Local Agency may agree to participate in the Work based on
actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the
Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with
48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in accordance with the State’s
Standard Specifications for Road and Bridge Construction § 109.04.
(4) All force account work shall have prior approval of the State and shall not be initiated until the State
has issued a written notice to proceed.
C. State’s obligations
1. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance
activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form.
2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or
responsible in any manner for the structural design, details or construction of any major structures that are
designed by or are the responsibility of the Local Agency as identified in the Scope of Work in Exhibit A,
within the Work of this contract.
Section 8. ROW Acquisition and Relocation
If the Project includes right of way, prior to this project being advertised for bids, the Responsible Party will certify
in writing to the State that all right of way has been acquired in accordance with the applicable state and federal
regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations,
including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal
and Federally Assisted Programs as amended (49 CFR Part 24); CDOT’s Right of Way Manual; and CDOT’s Policy
and Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and
right of way incidentals (expenses incidental to acquisition/relocation of right of way – 3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in
incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency’s and the
State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Manual. The manual is located
at http://www.dot.state.co.us/ROW_Manual/.
If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency
shall immediately convey title to such right of way to CDOT after the local agency obtains title.
Section 9. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility
company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible
Party will certify in writing to the State that all such clearances have been obtained.
Section 10. Railroads
In the event the Project involves modification of a railroad company’s facilities whereby the Work is to be
accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities
Commission requesting its order providing for the installation of the proposed improvements and not proceed with
that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad
company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning
federal-aid projects involving railroad facilities, including:
A. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs
of the improvement shall be eligible for federal participation.
B. Obtaining the railroad’s detailed estimate of the cost of the Work.
C. Establishing future maintenance responsibilities for the proposed installation.
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 7 of 12
D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination
of a grade crossing.
E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to
the installation.
Section 11. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current federal and state
environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable.
Section 12. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and
expense during their useful life, in a manner satisfactory to the State. The Local Agency will make proper provisions
for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with
all applicable statutes, ordinances and regulations which define the Local Agency’s obligations to maintain such
improvements. The State will make periodic inspections of the project to verify that such improvements are being
adequately maintained.
Section 13. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for
a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later,
or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall
make such materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State to inspect the project and to inspect, review and audit the project records.
Section 14. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof, at least twenty (20) days before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner,
its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving
written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material
prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience,
and the rights and obligations of the parties shall be the same as if the contract had been terminated for
convenience, as described herein.
C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the
purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands
and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon
availability of such funds to the State. In the event that such funds or any part thereof are not available to the
State, the State may immediately terminate or amend this contract.
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 8 of 12
Section 15. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all
actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing
this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract.
Section 16. Representatives and Notice
Each individual identified below is the principal representative of the designating Party. All notices required to be
given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s
principal representative at the address set forth below. In addition to but not in lieu of a hard-copy notice, notice also
may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate
by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein,
all notices shall be effective upon receipt.
If to State If to the Local Agency
CDOT Region: 3 Town of Avon
Michael Konn Eva Wilson
Project Manager Mobility Director
222 South 6th Street, Room 317 100 Mikaela Way
Greeley, CO 81501 Avon, CO 81620
970-683-6253 970-390-2014
michael.konn@state.co.us ewilson@avon.org
Section 17. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 18. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained
in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency
receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 19. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence
of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 20. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof.
Section 21. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 22. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 9 of 12
embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 23. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this
contract and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 24. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification
of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is
properly executed and approved in accordance with applicable law.
Section 25. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract
which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director
or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as
final agency action. This dispute clause does not preclude consideration of questions of law in connection with
decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of
any administrative official, representative, or board on a question of law.
Section 26. Statewide Contract Management System
If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date
or at any time thereafter, this §Statewide Contract Management System applies. Contractor agrees to be governed,
and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102
concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information
in a statewide contract management system.
Contractor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and
Review of Contractor’s performance shall be part of the normal contract administration process and Contractor’s
performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and
Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the
performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such
obligations and shall include factors tailored to match the requirements of Contractor’s obligations. Such performance
information shall be entered into the statewide Contract Management System at intervals established herein and a final
Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be
notified following each performance Evaluation and Review, and shall address or correct any identified problem in a
timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet
the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel
and Administration (Executive Director), upon request by the Department of Transportation and showing of good
cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the
final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction
of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and
appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and
reinstatement of Contractor, by the Executive Director, upon showing of good cause.
Section 27. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3).
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 10 of 12
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this
Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall
not be valid until it has been approved by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its departments,
boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the
provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims
Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501,
et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall not
pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when
requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution,
and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts
with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be
filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the
State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury,
or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing
in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this
Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any
insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to
any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has
and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the
State determines that Contractor is in violation of this provision, the State may exercise any remedy available at
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 11 of 12
law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and
any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s
services and Contractor shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i)
unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other
charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund;
and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The
State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including,
but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor
by deduction from subsequent payments under this Contract, deduction from any payment due under any other
contracts, grants or agreements between the State and Contractor, or by any other appropriate method for
collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services
or fund management services, sponsored projects, intergovernmental agreements, or information technology
services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this Contract and will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work under this
Contract, through participation in the E-Verify Program or the State verification program established pursuant to
§8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the
Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract.
Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor
and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this
Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of
higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or
contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice,
and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-
17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the
Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or
political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department program. If
Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting
State agency, institution of higher education or political subdivision may terminate this Contract for breach and,
if so terminated, Contractor shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of
identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
ATTACHMENT A: CDOT Grant Funding Contract
OLA #: 331002617
Routing #: 22-HA3-XC-00223
Document Builder Generated
Rev. 04/19/2021
Page 12 of 12
Section 28. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the
Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY
TOWN OF AVON
Name: ______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date: _________________________________________
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By___________________________________________
Stephen Harelson, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date: _________________________________________
2nd Local Agency Signature if needed
Name: ______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date: _________________________________________
STATE OF COLORADO
LEGAL REVIEW
Philip J. Weiser, Attorney General
By___________________________________________
Signature – Assistant Attorney General
Date: _________________________________________
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until
signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance
until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the
Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date: ______________________________________
ATTACHMENT A: CDOT Grant Funding Contract
Exhibit A - Page 1 of 1
EXHIBIT A
SCOPE OF WORK
Avon – US 6 Mobility Improvement Project (RMS)
C M058-003 (24776)
The project will construct a Roundabout on US6 at Stonebridge Road. The roundabout will traffic-calm
the corridor and enable the addition of the River Edge Crossing, the Eaglebend Crossing, and Mountain
Stream Crossings.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT A: CDOT Grant Funding Contract
Exhibit B - Page 1 of 1
EXHIBIT B
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
ATTACHMENT A: CDOT Grant Funding Contract
Exhibit C - Page 1 of 1
EXHIBIT C – FUNDING PROVISIONS C M058-003 (24776)
A.Cost of Work Estimate
The Local Agency has estimated the total cost of the Work to be $2,500,000.00 which is to be funded as follows:
1. BUDGETED FUNDS
a. State Funds
(80.00% of Participating Costs)
$2,000,000.00
b. Local Agency Matching Funds
(20.00% of Participating Costs)
$500,000.00
TOTAL BUDGETED FUNDS $2,500,000.00
2. ESTIMATED PAYMENT TO LOCAL AGENCY
a. State Funds Budgeted $2,000,000.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $2,000,000.00
3. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount (Only CDOT Funds are encumbered)$2,000,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
Net to be encumbered as follows: $2,000,000.00
Note: No funds are currently available. Design and Construction funds will become available after
execution of an Option letter (Exhibit D) or formal Amendment.
WBS Element 24776.10.30 Performance Period Start*/End Date
N/A / N/A Design 3020 $0.00
WBS Element 24776.20.10 Performance Period Start*/End Date
N/A / N/A Const. 3301 $0.00
*The Local Agency should not begin work until both of the following are in place: 1) The execution of the document encumbering funds for the respective phase; and
2) Local Agency receipt of the official Notice to Proceed. Any work performed before these two (2) milestones are achieved will not be reimbursable.
B.Matching Funds
The matching ratio for this Work is 80.00% State funds to 20.00% Local Agency funds, it being understood that such ratios
applies only to the $2,500,000.00 that is eligible for State participation, it being further understood that all non-participating
costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $2,500,000.00,
and additional State funds are made available for the Work, the Local Agency shall pay 20.00% of all such costs eligible for
State participation and 100% of all non-participating costs; if additional State funds are not made available, the Local Agency
shall pay all such excess costs. If the total participating cost of performance of the Work is less than $2,500,000.00, then the
amounts of Local Agency and State funds will be decreased in accordance with the funding ratio described herein.
C.Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $2,000,000.00 (for CDOT accounting purposes,
the State Funds of $2,000,000.00 will be encumbered, but the Local Agency matching funds of $500,000.00 will NOT be
encumbered), unless such amount is increased by an appropriate written modification to this Agreement executed before any
increased cost is incurred. The total budget of this project is $2,500,000.00. It is understood and agreed by the parties hereto that the
total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution
of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the
parties prior to bid and award.
The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency’s awarded
contract is less than the budgeted total of the federal participating funds and the local agency matching funds. The maximum amount
payable shall be reduced through the execution of an Option Letter as described in Section 6 of this contract.
ATTACHMENT A: CDOT Grant Funding Contract
Exhibit D - Page 1 of 2
Exhibit D
OPTION LETTER
SAMPLE IGA OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below AND may
be used in place of exercising a formal amendment.
Date: State Fiscal Year: Option Letter No. Option Letter CMS Routing #
Option Letter SAP # Original Contract CMS # Original Contract SAP #
Vendor name:
SUBJECT:
Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or
Railroads) and to update encumbrance amounts (a new Exhibit C must be attached with the option letter and shall
be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the
option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4,
etc.).
Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be
labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
REQUIRED PROVISIONS:
Option A (Insert the following language for use with the Option A):
In accordance with the terms of the original Agreement (insert CMS routing # of the original Agreement) between
the State of Colorado, Department of Transportation and (insert the Local Agency’s name here), the State hereby
exercises the option to authorize the Local Agency to begin a phase that will include (describe which phase will
be added and include all that apply – Design, Construction, Environmental, Utilities, ROW incidentals or
Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding
availability and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW
incidentals or Miscellaneous) is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for
this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.).
Option B (Insert the following language for use with Option B):
In accordance with the terms of the original Agreement (insert CMS # of the original Agreement) between the
State of Colorado, Department of Transportation and (insert the Local Agency’s name here), the State hereby
exercises the option to transfer funds from (describe phase from which funds will be moved) to (describe phase
to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new
Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so
please delete when using this option: future changes for this option for Exhibit C shall be labeled as follows: C-
2, C-3, C-4, etc.).
ATTACHMENT A: CDOT Grant Funding Contract
Exhibit D - Page 2 of 2
Option C (Insert the following language for use with Option C):
In accordance with the terms of the original Agreement (insert CMS routing # of original Agreement) between
the State of Colorado, Department of Transportation and (insert the Local Agency’s name here), the State hereby
exercises the option to 1) release the Local Agency to begin a phase that will include (describe which phase will
be added and include all that apply – Design, Construction, Environmental, Utilities, ROW incidentals or
Miscellaneous); 2) to encumber funds for the phase based upon changes in funding availability and authorization;
and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds
will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made
part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when
using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C- 4, etc.).
(The following language must be included on ALL options):
The total encumbrance as a result of this option and all previous options and/or amendments is now (insert total
encumbrance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The total budgeted funds to
satisfy services/goods ordered under the Agreement remains the same: (indicate total budgeted funds) as
referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original Agreement.
The effective date of this option letter is upon approval of the State Controller or delegate.
APPROVALS:
State of Colorado:
Jared S. Polis, Governor
By: Date:
Executive Director, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
State Controller Robert Jaros, CPA, MBA, JD
By: Date:
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not
valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to
begin performance until such time. If the Local Agency begins performing prior thereto, the State of
Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or
services provided hereunder.
ATTACHMENT A: CDOT Grant Funding Contract
Page 2 of 7
TO: Honorable Mayor Smith Hymes and Council FROM: Michael Labagh, Interim Recreation Director
RE: Work Session: Harry A. Nottingham Park Improvement List
DATE: October 8, 2021
SUMMARY: This report includes a summary of comments made by Planning and Zoning Commission
members’ site walk of the park on August 17, 2021 and Town Council members’ comments made in
response to the September 14, 2021 council meeting presentation.
Planning and Zoning Commission members’ comments are shown in red italics below.
Council members’ comments were compiled and summarized and are shown in blue italics below.
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, thi s 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 presentation of topic areas was included with this report. The presentation included 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 b each 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.
Page 3 of 7
Council comments are aligned regarding the need to maximize beach space for park users and to
improve the SUPCO facility’s appearance. Several concerns were voiced regarding expanding the
beach before more parking and restrooms are available for park users. Expanding the beach,
moving the existing boat dock or adding a new one to this area was not considered an item to
pursue at this time.
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
resurfaced. The slightly wider path would improve the experience when there are multiple users going both
directions.
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.
The majority did not feel that widening the recreation path in this area would solve the problems
park users are facing. Considerations were discussed to move the recreation path north, add a
bike dismount zone, enforce speed limits, and eventually widen the path with two lanes.
3. 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 or lower area between two
spruce trees as both areas 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.
Council members expressed support of the northern most proposed location, closest to the parking
lot. General feedback included preserving existing passive green space in this area, have the
structure blend in as much as possible, add a shower and air compressor to the restroom facility.
There was no consensus on whether to allow parking on West Beaver Creek Blvd. Councilors
open to the idea would need to see a comprehens ive plan to improve safety and limit trespassing.
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.
Council expressed support of repairing the shoreline.
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. A n 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)
Council is supportive of formalizing this path and improving the general landscaping in this area.
Page 4 of 7
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.
Council agreed this section needs improvement but to pause any immediate development in this
area.
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
could be relocated to another area in the park that would not invite this conflict.
This space can be used for picnic tables with shelter once the fitness court is moved or used for
more passive green space or VIP area for events.
The majority of council feedback alluded to keeping the fitness court where it is or pursuing
removing it completely from the immediate park area. No comments were made regarding th e
picnic shelter/area proposal.
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.
Desire to improve this area and maintain a boat dock was shared among council members but
there did not appear to be consensus on a timeline for implementation. This area is heavily
trafficked and will be more popular as the old Town Hall site is developed. If the dock is to be
moved and replaced with another one, staff will ensure it is a similar size to accommodate
activation in this area.
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.
Overall support to improve this area was noted. Concerns surrounding sustainable landscaping
were mentioned. Suggestions were made to include more swinging benches, exercise stations and
partnering with CASE to enhance 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.
Page 5 of 7
Overall supported. Council encouraged this improvement to be completed in a strategic manner
and to propose more consistent use of the athletic field in general. Another comment made
included a proposal to use this area as an off-leash dog area during certain hours of the day.
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.
Council supports this improvement and encourages it be completed as soon as possible with
proper lighting. Improve grading and landscaping as permitted.
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.
Council supports this improvement and encourages it be completed as soon as possible with proper
lighting. Improve grading and landscaping as permitted.
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
• Rec Center West Lawn
• North side of park grass areas
There was no consensus among Council comments. Feedback included: move closer to elementary
school, maintain current location and improve landscaping, remove it from the park or move it to the
Rec Center west lawn.
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 can order a sign to be installed in that area.
Overall feedback encouraged staff to leave this entrance of the park as is.
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 Summer. Staff has created a survey to obtain community feedback which will be summarized and
Page 6 of 7
brought back to council with a summary of the comments prior to the notice of award to the contractor.
Overall Supported for longer term solution and staff should seek community feedback on court
layouts.
Council feedback favored Option 2; maintain existing court layout , repaint one of the existing tennis
courts as a hybrid pickleball/tennis court. Councilors also encouraged staff to pursue reconstructing
the basketball courts on the same timeline as the pickleball and tennis courts.
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
• Consider long-range planning as these decisions are made.
• Improve landscaping throughout the park. Consider options for increasing xeriscape as plans are
developed.
• Do not commercialize the park. A balance must be maintained as we continue to program and
develop the park.
• Improve/replace irrigation.
• Address stagnant water concerns under the northwest bridge.
• Control noxious weeds and cottonwoods.
• Explore using elementary school bathrooms during the summer.
• Hire a Park Superintendent to take responsibility on all aspects of the park.
• Add a water-wise demonstration garden in cooperation with ERWSD in the existing “education”
garden.
• Allow/promote portable vending/food trailers.
• Storage and bathrooms are needed by the stage.
• Add art and other activations along the south side of the lake.
• Increase code enforcement surrounding off-leash dogs and speed limits. Audit park rules and
regulations.
• Consider making the east shore area an all day “dog-friendly” area.
TOWN MANAGER COMMENTS: Thank you for input. I believe this provides clear direction on many items to
keep us busy in the near term and identifies items that will require further discussion over the next year or two.
I would like Staff to create an improvement plan with schedule as a written document that incorporates this
direction and can be used to communicate to Council, PZC and the public the Town’s intentions for specific
improvements as well as identify areas that will require further discussion.
Page 7 of 7
REQUESTED DIRECTION: Direction from Council on operations and improvements is requested.
Thank you, Michael
ATTACHMENT A: Harry A. Nottingham Park Planning and Improvement Topic Areas
ATTACHMENT B: Harry A. Nottingham Park presentation
Page 8 of 7
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: First Reading of Ordinance 21-13
Adopting the 2021 Avon Community Housing Plan
DATE: October 6, 2021
SUMMARY: The Avon Community Housing Plan (“Plan”) was adopted by Avon Town Council (“Council”)
with passage of Ordinance 18-07 Adopting the Avon Community Housing Plan on August 28, 2018.
Since adoption, several housing related efforts have taken place. Those activities are summarized below. The
purpose of the Plan amendments is to update the Town’s policy direction moving forward with Community
Housing projects. Council initiated the process to update and revise the Avon Community Housing Plan as
part of adopting Department goals for 2021.
Ordinance 21-13 (“Attachment A”, which includes a clean version of the updated Plan) is drafted to approve
the Plan amendments. A redline (“Attachment B”) of the Plan are also attached for Council review and final
consideration.
Additional revisions were added to address SHORT TERM RENTALS per Council direction and revise the
language for INVESTMENT GUIDELINES. See Town Manager Comment’s below. The short term rental
topic has captivated ski towns and tourist destinations over the past 2 years. A Colorado Sun article is
attached (“Attachment C”) to this report to highlight the complexity of the subject and ways other
communities are currently responding.
NOTE: Staff will add representative pictures and graphics to the Plan document for second reading of the
ordinance.
ACTION ACTIONS:
• Approve 1st Reading of Ordinance 21-13, setting a public hearing date for October 26, 2021; or
• Approve 1st Reading of Ordinance 21-13, setting a public hearing date for another date; or
• Continue 1st Reading of Ordinance 21-13 to a future meeting date.
RECOMMENDATION: The attached Plan amendments have been vetted and updated based upon
Planning and Zoning Commission (“PZC”), Town Council, and staff reviews. I find that the changes bring
the document up to speed with current policy directives. The amendments provide clear direction moving
forward, while being broad enough to explore new ideas and opportunities in the future. I recommend
approval on first reading and setting the public hearing date for your next regular meeting. If further
amendments are desired, they can be made between first and second reading.
PROCESS: The Plan is defined as a supplement to the Avon Comprehensive Plan. Procedures for
amendments to the Avon Comprehensive Plan include a public hearing and recommendation from PZC to
the Town Council. The PZC conducted a number of work sessions and held a public hearing on October 5,
2021. They made a recommendation for approval at the October 5, 2021 meeting, and their findings for
such recommendation have been incorporated into the Ordinance. The Town Council shall render the final
decision after two readings of an Ordinance and conducting a published public hearing.
Page 2 of 3
Staff
Recommendation
ACCOMPLISHMENTS: The following policies and projects have been completed or are currently in
process:
• Tax and Fee Waiver Ordinance approved by Town Council for Community Housing projects
• Mi Casa Deed Restriction Purchase Program, with 12 units to date.
• Wildwood Housing Plan Work Session with public input
• Wildridge Survey / Wildwood & Firehouse with Public input
• Inclusionary Housing Regulations and Fee in Lieu Resolution
• Completed Reserve Study for Wildwood South Deed Restricted Units. Council approved a
Resolution to waive sales tax and fees related to eventual roofing and siding project.
• Amendments to Light Industrial Zone District to permit and promote Community Housing
REVIEW CRITERIA: According to Section §7.16.030(c) of the Development Code, the following criteria are
to be used when evaluating the Plan:
(1) The surrounding area is compatible with the land use proposed in the plan amendment
or the proposed land use provides an essential public benefit and other locations are not
feasible or practical;
(2) Transportation services and infrastructure have adequate current capacity, or planned
capacity, to serve potential traffic demands of the land use proposed in the plan
amendment;
(3) Public services and facilities have adequate current capacity, or planned capacity, to
serve the land use proposed in the plan amendment;
(4) The proposed land use in the plan amendment will result in a better location or form of
development for the Town, even if the current plan designation is still considered
appropriate; (5) Strict adherence to the current plan would result in a situation neither intended nor in
keeping with other key elements and policies of the plan;
(6) The proposed plan amendment will promote the purposes stated in this Development
Code; and,
(7) The proposed plan amendment will promote the health, safety or welfare of the Avon
Community and will be consistent with the general goals and policies of the Avon
Comprehensive Plan.
PZC
Public Hearing &
Recommendation to
Council
Town Council
First and Second
Reading - Ordinance
Page 3 of 3
CRITERIA RESPONSE: Since adoption of the Plan in 2018, the implementation of housing policies have
yielded new employee units and secured restrictions on existing free market units through the Mi Casa
program. The Plan amendments respond to further changes in the market, and also seek to shift focus to
addressing other land use impacts (i.e. progression toward more short term rental properties) that have
been emerging. Not only have housing construction and ownership costs been escalating quicker than
ever, rental rates and inventory have not kept pace with the demand as new residents and guests continue
to seek out the experience of mountain life in Avon.
Review Criteria (1) through (5) are not applicable as this is not a change in land use(s), per se. The Plan
promotes the health, safety and welfare of the Avon Community with a concerted effort toward new housing
opportunities and maintaining existing affordable stock. The Plan complies with the purpose statements of
the Development Code, including but not limited to Development Code Section 7.04.030 (n): “Achieve a
diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a
range of housing types and price points to serve a complete range of life stages and promotes a balanced,
diverse and stable full time residential community which is balanced with the visitor economy;”
TOWN MANAGER COMMENTS: Council identified Short Term Rentals as an important influence on
Community Housing. Language has been added to provide a structured approach to revisit Avon’s current
Short Term Rental Overlay District and consider revisions to these regulations.
Revisions to the Investment Guidelines include additional language to better frame these considerations as
guidelines along with acknowledgement that it is rare for any specific property to squarely meet all the
guidelines.
Overall, the work completed since 2018 has been significant and has laid the foundation for the Town of
Avon to take larger steps forward over the next three years to increase Community Housing opportunities in
Avon.
Thank you, Matt
ATTACHMENT A: Ordinance 21-13, Adopting the 2021 Avon Community Housing Plan ATTACHMENT B: Redline Copy of Avon Community Housing Plan
ATTACHMENT C: Colorado Sun Article re: Short Term Rental regulations
Res 21-13 Adoption of 2021 Avon Comprehensive Plan
October 26, 2021
Page 1 of 3
ORDINANCE NO. 21-13
ADOPTING THE 2021 AVON COMMUNITY HOUSING PLAN
WHEREAS, the Avon Town Council (“Council”) has the authority to adopt planning
documents as described in Section 7.04.010 of the Avon Development Code; and
WHEREAS, updates, revisions and amendments to the 2018 Community Housing Plan were
presented to the Avon Planning and Zoning Commission in accordance with the procedures set
forth in Section 7.16.030 – Comprehensive Plan Amendment; and
WHEREAS, the Avon Planning and Zoning Commission conducted a public hearing on
October 5, 2021 and took action to recommend adoption of the 2021 Avon Community Housing
Plan after considering all comments and information presented at such public hearing; and
WHEREAS, Council finds that the orderly and efficient implementation of housing programs
and housing development projects will promote stability and cohesion as a community and will
support Avon businesses by providing additional workforce housing; and
WHEREAS, Council desires to adopt the 2021 Avon Community Housing Plan as a supplement
to the Avon Comprehensive Plan and Section 7.16.030(b) of the Avon Development Code states
that amendments to the Avon Comprehensive Plan shall be approved by the ordinance of the
Town Council; and
WHEREAS, the Town Council finds that adoption of the 2021 Avon Community Housing Plan
will promote the health, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Adoption of 2021 Avon Community Housing Plan. The 2021 Avon
Community Housing Plan is hereby adopted as a supplement to the Avon Comprehensive Plan.
Attachment A
Res 21-13 Adoption of 2021 Avon Comprehensive Plan
October 26, 2021
Page 2 of 3
The 2021 Avon Community Housing Plan shall replace and supersede in its entirety the Avon
Community Housing Plan adopted in 2018.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
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. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 7. Publication by Posting. 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
Res 21-13 Adoption of 2021 Avon Comprehensive Plan
October 26, 2021
Page 3 of 2
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on October 12, 2021 and setting such public hearing for October 26, 2021 at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
AVON TOWN COUNCIL
By:_________________________________ Attest:_____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING, after conducting a public hearing, on
October 26, 2021.
AVON TOWN COUNCIL
By:_________________________________ Attest:_____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________________
Karl Hanlon, Interim Town Attorney
Attachment A
2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 1 of 9
2021 Avon Community Housing Plan
“Avon’s vision is to provide a high quality of life, today and in the
future, for a diverse population; and to promote their ability to live,
work, visit, and recreate in the community.”
- TOWN OF AVON COMPREHENSIVE PLAN, MAY 2017
INTRODUCTION: The Town of Avon seeks to build upon its long history as a high amenity year-round resort
community through the adoption of the 2021 Avon Community Housing Plan and implementation of the
strategies within. The Comprehensive Plan sets a vision for diverse opportunities for residents, businesses,
and visitors. The current housing market, which offers very few affordable opportunities for year-round
residents to put down roots in Avon, poses a challenge to this vision.
The potential community benefits of increasing Community Housing efforts include:
• More housing choices;
• Increased economic stability and a more active year-round economy for local residents and
businesses;
• Greater ability to retain individuals and families throughout life and career phases, strengthening the
sense of community, opportunity, and quality of life;
• Increase Community Housing supply for job recruitment purposes;
• Create Community Housing in closer proximity to job centers with pedestrian connections and
availability of transit, in alignment with the Climate Action Plan goals; and
• Greater opportunities for arts and culture to thrive.
GOALS AND OBJECTIVES: The Comprehensive Plan sets two housing goals (each with numerous
supporting policies):
• Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve
all segments of the population.
• Coordinate with neighboring communities to provide an attainable housing program that incorporates
both rental and ownership opportunities, affordable for local working families.
Goals and Objectives of this Housing Plan are as follows:
• Support the establishment of a dedicated funding source to sustain the Community Housing Fund;
• Focus on increasing deed restricted homeownership opportunities for households making equivalent
of 140% or less of the Area Median Income (“AMI”) – current AMI is $90,000 for a household of three
people in 2021;
2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 2 of 9
• Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental
housing stock, to create a more balanced portfolio with a long-term goal of 50% rental, 50%
ownership;
• When considering new rental housing, prioritize price point, quality and amenities attractive to “step
up” renters and seniors looking to downsize, focusing on the 80-120% AMI level;
• Stabilize or increase the percentage of owner-occupied year-round residents; currently 56.5% of all
dwelling units in Avon are owner-occupied by year-round residents;
• Stabilize or increase the percentage of Eagle County working residents in Avon;
• Seek to add deed restricted units to the inventory through the Mi Casa program and other
mechanisms;
• Partner with other communities and entities (i.e. Habitat for Humanity, Vail, Eagle County), and
private employers to combine buying power and construct new housing units:
• As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible,
increase housing serving the local year-round population; and
• Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new
projects and housing stock in the mid-valley; appendices may be updated by Community
Development pending updated information.
The challenges with regard to housing need are significant. With this Plan, the Town of Avon is setting goals,
objectives, and action steps to respond. The Town’s resources include land, funding, staff time, and policy
making. Recognizing that the Town of Avon alone cannot address the housing need, these resources will be
used to leverage opportunities and create partnerships.
COMMUNITY HOUSING DEMAND: Since 2010, and during the COVID-19 pandemic, jobs and population
have been increasing much more rapidly than housing inventory, creating many challenges:
• Employers facing unfilled positions, turnover, higher training costs, and lost productivity;
• Precipitous increases in home prices, well beyond the means of most local residents;
• Loss of historically affordable purchase options to short term rental (STR) use;
• Extremely low vacancy rates, resulting in limited choices and rising costs for renters;
• Negative impacts on individuals and families, who are spending a disproportionate amount of their
income on housing, commuting long distances, and living in locations or situations that are not
sustainable for the long term; and
• Difficulty for growing families seeking permanent housing or upsizing due to escalating costs.
It is important to review the availability of properties that are attainable for local workers (as opposed to “resort
oriented” properties (such as Riverfront, Bel Lago, and Basecamp) and evaluate the percentage of homes
purchased for primary residency in these neighborhoods. The median price for all dwelling units sold in Avon
in 2020 was $575,000. Condominiums accounted for 72% of these sales, with a median price of $575,000.
The median price for single family dwellings, duplexes and townhomes was $987,500. A family of three with
2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 3 of 9
a median income makes approximately $90,000 per year. This income cannot support mortgage payments
for a median price single family dwelling in Avon.
The rental market is similarly challenging for local residents. Vacancy rates have been approaching zero,
and since 2007, average rental rates have risen 48% across the Eagle River Valley. Recent rental projects
have experienced an accelerated cost as compared to increases in the consumer index. Projects completed
in 2021 have included rental rates between $1,320 for a studio to over $3,000 per month for a 3-bedroom
unit.
To meet the needs of local employees in the Eagle River Valley, it is estimated that over 5,900 additional
dwelling units will be required by 2025.1 In the “mid-valley”, which includes Eagle-Vail, Avon, and Edwards,
1,500 dwelling units will be needed to accommodate a growing population. It is anticipated that subsidies or
public/private partnerships will be required to make it financially feasible to construct a majority of these
dwelling units.
Avon and the rest of the “mid-valley” are highly desired locations for local residents. In a 2018 survey of Eagle
River Valley households, 40% of renters and 39% of owners selected “mid-valley” as their first choice for
where they want to live.2
STRENGTHS AND ASSETS: Avon can build upon existing assets and previous housing initiatives, including:
• Adoption of the Mi Casa Avon deed restriction purchase program, with 19 deed restricted units in
the first year.
• An inventory of 670 price-controlled housing units, 63 of which are deed restricted for sale units
that were a result of successful PUD negotiations;
• A Community Housing Fund balance of $1,150,000. As the Community Housing Fund increases,
the additional funds should be leveraged to meet the goals of the plan;
• Community Housing mitigation requirements for new multi-family and commercial development;
• History of regional collaboration with public sector, non-profit and private sector on housing issues;
• Significant opportunities for development and redevelopment, with water rights, transit access, and
existing available density on vacant and underutilized public and private parcels;
• Codified Community Housing tax and fee waiver incentives;
• Allowing increased deed-restricted residential density on commercially zoned land that may also
be appropriate for residential development; and
• Adopted Comprehensive Plan, which sets housing as a top policy priority.
TOOLS AND STRATEGIES: The following tools and strategies are identified as means to achieve the stated
goals and objectives. Tools and strategies are organized into three categories: Housing Policy, Community
1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford
2 Ibid.
2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 4 of 9
Housing Development and Retention, and Funding. Appendix C includes an updated inventory of all policy
and related Community Housing strategies implemented since this Plan was originally adopted.
Housing Policy
The Town of Avon seeks to use both incentives and regulations to create a policy environment that is
favorable for local housing. The Town has a strong track record in including Community Housing in PUD
approvals. The Town will continue to encourage, and, in some instances, require local housing in new
planning approvals.
Initiatives to update and strengthen housing policies will include the regular review of existing code provisions
for opportunities to increase the year-round occupancy of the existing housing stock, including consideration
of short term rentals, accessory dwelling units, and lock-off incentives and regulations. Additionally,
the Mi Casa program must be reviewed routinely to determine its effectiveness and whether changes to the
parameters of the program are necessary given the rapidly changing market conditions. Exploring buy down
of free market units to be included in Mi Casa can be evaluated.
Short Term Rentals
Short Term Rentals have grown in popularity nationwide and have the potential to adversely impact the
availability of residential housing for long-term rental opportunities. The Town of Avon has a mixture of
neighborhoods which do not allow Short Term Rentals (i.e. Wildridge) along with neighborhoods where Short
Term Rentals were contemplated and permitted before the adoption of the Short Term Rental Overlay District.
A top priority is to evaluate Short Term Rentals and consider revisions to the existing Short Term Rental
regulations, including but not limited to:
• Evaluation of properties which operate as a condo-hotel or timeshare; have traditionally hosted
Short Term Rentals; provide amenities that are visitor oriented; or are in close proximity to Avon’s
commercial core.
• Evaluation of residential properties that have traditionally not had a significant number of Short
Term Rental licenses or units; or are in proximity to amenities, such as the Avon elementary school,
which are more oriented for full-time resident use.
• Reconsideration of the existing boundaries of the Short Term Rental Overlay District.
• Consideration of a second tier Short Term Rental Overlay that requires owner occupancy of the
residence while allowing Short Term Rental of a portion of the residence to defray housing costs.
• Consideration of minimum standards for operation and maintenance of Short Term Rental units.
• Review of Short Term Rental regulations adopted by other mountain resort communities.
Community Housing Development and Retention
Cultivating additional public/private partnerships with Eagle County, other municipalities, and local
employers are imperative when fostering new opportunities for housing development and retention. Given
2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 5 of 9
the lack of available land and escalating construction prices, bold measures must be taken with these
partners to make a measurable impact on housing stock. Collaborative partnerships must include land
acquisition and producing shovel ready plans in the short term. Leveraging partnerships with state and
federal housing assistance money and grants will be imperative.
A top priority is pursuing housing development on Town owned land. Development of housing on the Swift
Gulch property is the best opportunity to build new housing product on Town owned land. The Town of Avon
Properties Plan identified development of Swift Gulch as a priority and it continues to be viewed as a prime
property for new housing development.
Preliminary site and design analysis for Swift Gulch takes place in 2021 and 2022, and will include a detailed
financial analysis and exploration of public/private partnerships.
To preserve market rate attainable housing that is currently at risk of being lost to locals through rapid
price increases and/or redevelopment two strategies are identified. One strategy is to “buy-down” attainable
market rate units and preserve their affordability with a permanent deed restriction. Mi Casa will continue to
grow and evolve as the primary source of new deed restricted Community Housing stock preserved for local
residents.
Another strategy is to explore zoning protections or development incentives that will maintain affordability of
our mobile home community, to preserve properties that currently house locals. Zoning protections could
include a special zoning category to be applied so that redevelopment for other uses is barred. Or in the
event of redevelopment, density and affordability are maintained.
Investing in maintenance of current inventory of deed restricted housing is an important component of
housing development and retention. Much of the affordable rental housing inventory has recently been
renovated, however, the homeownership inventory needs capital planning and reinvestment. The Town of
Avon has historically contracted with The Valley Home Store to assist with compliance monitoring and re-
sale of deed restricted properties. The next phase of this effort will be to conduct a capital needs assessment
of the home ownership assets and make a plan for funding and implementing capital improvements. This
effort is anticipated to begin in 2022.
Funding
Local funding is a key ingredient to building and maintaining housing units. Investing (or “leveraging”) local
funds is essential to attracting the outside funding sources such as grants, loans, tax credits and private
investments that, when combined, make housing development financially feasible.. It is anticipated that the
Avon Community Housing Fund will be invested in the efforts outlined in this Plan, and that additional funds
will be needed moving forward.
A two-step process is envisioned to secure additional local funds for housing. The first step will be to review current revenue streams and determine if additional funds can be directed to housing efforts through
the annual budgeting process. In order to build upon the strength of an increased Avon Community Housing
Fund, the Town must then seek opportunities for new funding sources, which could include approaches
such as increased linkage fees, use tax on construction materials, regional collaboration, and/or support for
2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 6 of 9
a local ballot initiative. Potential revenue from a use tax, for the sole purpose of supplying the Community
Housing Fund, were modeled and presented to Planning and Zoning Commission and the Finance
Committee for consideration in 2021. Public/private partnerships are also a funding strategy, generating
potential access to grants, below market loans, and resources such as the Low Income Housing Tax Credit.
The Town of Avon understands the regional nature of housing, transportation and employment in the Eagle
River Valley. In pursuit of local year-round housing, the Town will continue to participate in regional studies,
seek opportunities to participate in regionally significant housing developments beyond Town boundaries,
and participate in employer forums, and be an advocate for other regional initiatives including the
establishment of a regional transit authority.
INVESTMENT GUIDELINES: The Town must invest limited financial resources wisely to meet the goals of
this Community Housing Plan. The Town recognizes that Community Housing development opportunities
are often specific and unique to an available property, potential partnerships, and financial guidelines for
state and federal funding; therefore, differences are expected between ideal projects that clearly meet all
guidelines and possible projects. Community Housing programs and projects are not expected to meet all
guidelines described below. Rather, the following guidelines are intended to assist with the evaluation of
proposed programs and projects. These guidelines are not intended to be exhaustive and additional
considerations may be relevant.
• The program, policy or project meets the goals and objectives of the Comprehensive Plan and this
Community Housing Plan;
• The investment bridges a financial gap between free market conditions and Community Housing
economics that enables a potential program or project to proceed;
• The program or project encourages or incorporates resource conservation, energy efficiency,
sustainable development and climate action goals to the extent financially feasible;
• The location of the program or project has reasonable access to public services and amenities that
support full-time residential use, including schools, parks, trails, transit, multi-modal transportation
options, job centers, neighborhood commercial businesses, and public services;
• The program or project attracts and utilizes the financial participation of partners, including other
local governments, state and federal funding, non-profits, and private investors; and,
• The program or project results in positive leveraging of the Town of Avon’s financial investment.
2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 7 of 9
APPENDIX A – Definitions and Best Practices
Topic Definition Best Practices
Inclusionary Housing A percentage of residential units in new
subdivisions/PUDs are workforce housing. Market homes
support workforce units. Only effective if new
subdivisions/PUDs are developed/ redeveloped.
Carbondale, Eagle,
Eagle County, San
Miguel County
Linkage/Mitigation Requiring new residential and/or commercial
development to contribute to workforce housing relative
to demand generated by the new construction. For
residential, mitigation rate often increases with house
size, and deed restricted units are typically exempt. Fees
in lieu provides revenue stream that fluctuates with
building activity. Documented relationship between fee
and impact required.
Telluride, Aspen, Mt.
Crested Butte
Fee Waivers Water/sewer tap fees, building permit or other fees
waived in part or whole to reduce cost to build affordable
housing. General funds or other source need to cover cost
of fees waived.
Breckenridge, Crested
Butte
Dedicated Funding
Source
Funding is a core component of building housing and
running successful housing programs. Few programs
begin with funding; rather finding funding is an
incremental process that goes hand in hand with creating
goals and objectives, developing policies, securing
appropriate land for housing, and moving forward with
public/private partnerships. Dedicated funding sources
take many forms including grants, fee in lieu payments,
taxes, voluntary assessments, proceeds from rents or
sales.
Summit County,
Steamboat Springs,
Crested Butte, Aspen,
Telluride
Public/Private
Partnerships
Partnering with developers to build attainable units,
typically on publicly-owned sites, or using other public
resources such as property tax exemption. RFQ/RFP
process effective for selecting development partners.
Ownership of land can be retained with long-term land
leases.
Eagle County, Vail,
Breckenridge, Boulder
Buy Down of Market
Homes
Usually involves buying down units with public funds.
Deed restrictions imposed for permanent affordability.
Inability to obtain condo mortgages can result in units
being rented. Public sector purchases can drive up prices
for low-end market units.
Breckenridge,
Telluride, Whitefish
MT
No Net Loss Policy Requiring replacement of housing occupied by the
workforce when redevelopment occurs. Similarly-priced
units should be replaced on site or another site, or a fee-
in-lieu of replacement could be allowed.
Boulder, Basalt
2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 8 of 9
APPENDIX B - Area Median Income for Eagle County 2021
Area Median Income for Eagle County, 2021
Household Size 1 2 3 4 5 6
AMI Classifications
Extremely Low (30% AMI) $21,000 $24,000 $27,000 $30,000 $32,400 $34,800
Very Low (50% AMI) $35,000 $40,000 $45,000 $50,000 $54,000 $58,000
60% AMI (LIHTC max) $42,000 $48,000 $50,000 $54,000 $64,800 $69,600
Low (80% AMI) $56,000 $64,000 $72,000 $80,000 $86,400 $92,800
Median (100% AMI) $70,000 $80,000 $90,000 $100,000 $108,000 $116,000
Moderate/Middle (140% AMI) $98,000 $112,000 $126,000 $140,000 $151,200 $162,400
Upper (200% AMI) $140,000 $160,000 $180,000 $200,000 $216,000 $232,000
Source: CHFA
Affordable Home Price Calculation by AMI, 2021
AMI % 30% 60% 100% 140% 200%
Household Income – 3 persons $26,541 $53,082 $88,470 $123,858 $176,940
Affordable Purchase price
Affordable monthly payment (30%) $664 $1,327 $2,212 $3,096 $4,424
Principal & interest (80% of pmt) $531 $1,061 $1,769 $2,477 $3,539
HOA, taxes, insurance (20% of pmt) $133 $266 $442 $619 $885
Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00%
Max mortgage $99,000 $198,000 $330,000 $461,000 $659,000
Max Affordable Price -5% down $102,465 $204,930 $341,550 $477,135 $682,065
Affordable Rent $675 $1,350 $2,250 $3,150 $4,500
Affordable purchase prices were calculated assuming that a household would have 5% for a
down payment, and would qualify for a loan at 30% of their monthly income. HOA, property
taxes and insurance of 20% were included in loan amount. The maximum mortgage assumes
an interest rate of 5%, which is about half point higher than prevailing rates for 30-year fixed
rate mortgages. Interest rates are rising, however, and will have a profound impact on housing
affordability. A one-point increase in the rate, as occurred in 2013, would drop the affordable
purchase price for a median income household by $30,000 to $35,000.
2021 Avon Community Housing Plan Adopted August 24, 2018 Updated and Re-Adopted October 26, 2021 Page 9 of 9
APPENDIX C – Implemented Community Housing Strategies
Since this Plan was originally adopted on August 24, 2018, the following policies and resultant
projects have been established:
• Ordinance 2019-01, Community Housing Incentives for Sales Tax and Fee Waivers
• Ordinance 2019-03, Inclusionary Housing regulations to include mitigation for new
multi-family and commercial developments.
• Ordinance 2019-06, Industrial Commercial Zone District Amendments to permit
Community Housing as a Use by Right.
• 2 Deed Restricted for sale units constructed at 1 Waterfront Way.
• Council Resolution 2020-25, Approving Fee Waivers and Deed Restrictions for 9 Rental
Units at 77 Metcalf.
• 1 Deed Restricted for sale unit at 1 Riverfront (proposed, yet to be constructed).
• 19 Mi Casa Units with recorded Deed Restrictions.
• 2 3-bedroom Deed Restricted Units at 38460 Highway 6 (proposed, yet to be
constructed).
• Council Resolution 2021-08, Approving Fee Waivers for Capital Improvement Project at
1011 West Wildwood Road.
• Council Resolution 2021-20, Approving Short-Term Rental Tax Ballot Question for
Community Housing funding.
Page 1 of 13
2021 Avon Community Housing Plan
Prepared by Willa Williford for the Town of Avon
“Avon’s vision is to provide a high quality of life, today and in the
future, for a diverse population; and to promote their ability to live,
work, visit, and recreate in the community.”
- TOWN OF AVON COMPREHENSIVE PLAN, MAY 2017
Introduction
The Town of Avon seeks to build upon a its long history as a high amenity year-round resort
community through the adoption of the Avon Community Housing Plan and implementation of the
strategies within, strengthening its vibrant and inclusive community culture. The current
Comprehensive Plan sets the a vision for diverse and exciting opportunities for residents,
businesses, and visitors. The current housing market, which offers very few affordable
opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision.
The potential community benefits of increasing workforce housingCommunity Housing efforts to
include:
• More housing choices;
• Increased economic stability and a more active year-round economy for local residents
and businesses;
• Greater ability to retain individuals and families throughout life and career phases,
strengthening the sense of community, opportunity, and quality of life;
• Increase Community Housing supply for job recruitment purposes;
• Create Community Housing in closer proximity to job centers with pedestrian connections
and availability of transit, in alignment withFurther the goals of the Climate Action Plan
goals by reducing single occupant vehicle commuting; and
• Greater opportunities for arts and culture to thrive.
Goals and Objectives
The Comprehensive Plan sets two housing goals (each with numerous supporting policies):
• Achieve a diverse range of housing densities, styles, and types, including rental and for
sale, to serve all segments of the population.
• Coordinate with neighboring communities to provide an attainable housing program that
incorporates both rental and ownership opportunities, affordable for local working families.
Goals and Objectives of this Housing Plan are as follows:
• Support the establishment of a dedicated funding source to sustain the Community
Housing Fund;
• Focus on increasing deed restricted homeownership opportunities for households making
equivalent of 140% or less of the Area Median Income (“AMI”) -– current AMI is
$430,00090,000 for a household of three people in 20182021;.
• Grow the inventory of homeownership and “missing middle” inventory, in place of
additional rental housing stock, to create a more balanced portfolio with a long-term goal
of 50% rental, 50% ownership.;
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 2 of 13
• When considering new rental housing, prioritize price point, quality and amenities
attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120%
AMI level.;
• Stabilize or increase the percentage of owner-occupied year-round residents; currently
5556.5% of all dwelling units in Avon are owner-occupied by year-round residents.;
• Stabilize or increase the percentage of Eagle County working residents Avon. ;
• Seek to add deed restricted units to the inventory in the short termthrough the Mi Casa
program and other mechanisms.;
• Strengthen regional partnershipsPartner with other communities and entities (i.e. Habitat
for Humanity, other municipalitiesVail, Eagle County), and private employers to make
projects happen combine buying power and construct new housing units:..
• As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when
possible, increase housing serving the local year-round population.; and
• Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of
new projects and housing stock in the mid-valley; appendices may be updated by
Resolutionby Community Development pending updated information.
The challenges with regard to housing need are significant. With this Plan, the Town of Avon is
setting goals, objectives, and action steps to respond. The Town’s resources include land,
funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address
the housing need, these resources will be used to leverage opportunities and create partnerships.
The Need
Since the end of the recession2010, and during the COVID-19 pandemic, jobs and population
have been growing increasing much more rapidly than housing inventory, creating many
challenges:
• Frustration for locals seeking housing;
• Employers facing unfilled positions, turnover, higher training costs, and lost productivity;
• Precipitous increases in home prices, well beyond the means of most local residents;
• Loss of historically affordable purchase options to short term rental (STR) use;
• Extremely low vacancy rates, resulting in limited choices and rising costs for renters; and
• Negative impacts on individuals and families, who are spending a disproportionate amount
of their income on housing, commuting long distances, and living in locations or situations
that are not sustainable for the long term; and.
• FrustrationDifficulty for locals growing families seeking permanent housing or upsizing due
to escalating costs.;
It is important to review the availability of properties that are attainable for local workers (as
opposed to “resort oriented” properties such as Riverfront, Bel Lago, and Basecamp) and
evaluate the percentage of homes purchased for primary residency in these neighborhoods. The
Median median price for all dwelling units sold in Avon in 2017 2020 was $438,000575,000.
Condominiums accounted for 7172% of these sales, with a median price of $358,500575,000.
The median price for single family dwellings, duplexes and townhomes was $850,000987,500.
The price affordable to a median incomeA family of three with a median income makesis less than
half than that, at about approximately $316,00090,000 per year. This income cannot support
mortgage payments for a median price single family dwelling in Avon.Only four dwelling units
were on the market for $316,000 or lower in early 2018.
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 3 of 13
The rental market is similarly challenging for local residents: . vacancy Vacancy rates have been
approaching zero, and since 2007, average rental rates have risen 48% across the Eagle River
Valley. Recent rental projects have experienced an accelerated cost as compared to increases
in the consumer index. Projects completed in 2021 have included rental rates between $1,320
for a studio, to over $3,000 per month for a 3-bedroom unit.
To meet the needs of local employees in the Eagle River Valley, it is estimated thatover
4,0005,900 additional dwelling units will be required by 20202025.1 In “mid-valley”, which includes
Eagle-Vail, Avon, and Edwards, 1,500 dwelling units will be needed to accommodate a growing
population. Subsidies It is anticipated that subsidies or public/private partnerships are anticipated
towill be required for the majority of these dwelling units to be financially feasible and affordable
to local employeesto make it financially feasible to construct a majority of these dwelling units..
Avon and the rest of the “mid-valley” are highly desired locations for local householdsresidents.
In a recent 2018 survey of Eagle River Valley households, 40% of renters and 39% of owners
selected “mid-valley” as their first choice for where they want to live.2
The challenges with regard to housing need are significant. With this Plan, the Town of Avon is
setting goals, objectives, and action steps to respond. The Town’s resources include land,
funding, staff time, and policy making. Recognizing that the Town of Avon alone cannot address
the housing need, these resources will be used to leverage opportunities and create partnerships.
Strengths and Assets
Avon can build on upon existing assets and previous housing initiatives, including:
• Adoption of the Mi Casa Avon deed restriction purchase program, with 19 deed
restricted units in the first year.
• An inventory of 670 price-controlled housing units, 63 of which are deed restricted for
sale units that were a result of successful PUD negotiations;
• An Affordable Community Housing Fund balance of $675,0001,150,000. As the
Community Housing Fund increases, the additional funds should be leveraged to meet
the goals of the plan;
• A partnership with The Valley Home Store for monitoring and compliance of deed
restrictions on for-sale units;
• Employee Community housing Housing mitigation requirements for some new
commercialnew multi-family and commercial development;
• History of regional collaboration with public sector, non-profit and private sector on
housing issues;
• Significant opportunities for development and redevelopment, with water rights, transit
access, and existing available density on vacant and underutilized public and private
parcels;
• Codified Community Housing tax and fee waiver incentives;
• Allowing increased deed-restricted residential density on Ccommercially zoned land
that may also be appropriate for residential development; and
• Adopted Comprehensive Plan, which sets housing as a top policy priority.
1 Eagle River Valley Housing Needs and Solutions 2018, Rees and Williford
2 Ibid.
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 4 of 13
Tools and Strategies
In order to achieve these goals and objectives, the following tools and strategies should be
pursued. Tools and strategies are organized into three categories: Housing Policy, Community
Housing Development and Retention, and Funding, and Housing Policy. A timeline for
implementation is included in Appendix A. Appendix C includes an updated inventory of all policy
and related Community Housing strategies implemented since this Plan was originally adopted.
Housing Policy
The Town of Avon seeks to use both incentives and regulations to create a policy environment
that is favorable for local housing. The Town has a strong track record in including employee
housingCommunity Housing in PUD approvals. The Town will continue to encourage, and, in
some instances, require local housing in new planning approvals.
Initiatives to update and strengthen housing policies will include the:
regular rReview of existing code provisions for opportunities to increase the year-round
occupancy of the existing housing stock, including consideration of short term rental, accessory
dwelling units, and lock-off incentives and regulations. . Additionally, the Mi Casa program
must be reviewed routinely to determine its efficacyeffectiveness and whether changes to the
parameters of the program are necessary given the rapidly changing market conditions. Exploring
buy down of free market units to be included in Mi Casa can be evaluated.
• Update mitigation/linkage policies to be more proactive in addressing housing needs.
Current policies are limited to very narrowly defined locations and development requests,
and the current mitigation rate is low compared with peer communities.
• Consider implementing an inclusionary housing policy. Inclusionary housing was
considered in the 2010 code update, but was not adopted at that time. Inclusionary
housing is a tool to create housing affordable to locals. It is recommended to look at
inclusionary housing and mitigation/linkage at the same time, to better understand how
the two tools complement each other, support policy goals, and maintain a level playing
field for commercial and residential development.
• Conduct a comprehensive review of fees associated with new construction and
formalize a fee waiver/reimbursement process for new housing that meets the goals
of the plan[MP1].
Short Term Rentals have grown in popularity nationwide and have the potential to adversely
impact the availability of residential housing for long-term rental opportunities. The Town of Avon
has a mixture of neighborhoods which do not allow Short Term Rentals (Wildridge) along with
neighborhoods where Short Term Rentals were contemplated and permitted before the adoption
of the Short Term Rental Overlay District. A top priority is to evaluate Short Term Rentals and
consider revisions to the existing Short Term Rental regulations, including but not limited to:
• Evaluation of properties which operate as a condo-hotel or timeshare; have traditionally
hosted Short Term Rentals; provide amenities that are visitor oriented; or are in close
proximity to Avon’s commercial core.
• Evaluation of residential properties that have traditionally not had a significant number of
Short Term Rental licenses or units; or are in proximity to amenities, such as the Avon
elementary school, which are more oriented for full-time resident use.
• Reconsideration of the existing boundaries of the Short Term Rental Overlay District.
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 5 of 13
• Consideration of a second tier Short Term Rental Overlay that requires owner occupancy
of the residence while allowing Short Term Rental of a portion of the residence to defray
housing costs.
• Consideration of minimum standards for operation and maintenance of Short Term
Rental units.
• Review of Short Term Rental regulations adopted by other mountain resort
communities.
Community Housing Development and Retention
Cultivating additional public/private partnerships for housing are additional strategies that will
be ongoing. Collaborative efforts with Eagle County, other municipalities, and local employers
are are imperative when fostering new opportunities for housing development and retention.
Given the lack of available land and escalating construction prices, bold measures must be taken
with these partners to make a measurable impact on housing stock. Collaborative partnerships
must include land acquisition and producing shovel ready plans in the short term. Leveraging
partnerships with state and federal housing assistance money and grants will be imperative.
A top priority is pursuing housing development on Town owned land. Two parcels, identified in
the Town of Avon Properties Plan, are appropriate to move forward with housing development in
the next three years. These sites are Wildwood andDevelopment of housing on the Swift Gulch
property is the best opportunity to build new housing product on Town owned land. The Town of
Avon Properties Plan identified development of Swift Gulch as a priority and it continues to be
viewed as a prime property for new housing development.
This Plan is recommending that public outreach and feasibility analysis for Wildwood move
forward this year. Preliminary site and design analysis for Swift Gulch can begin when there is a
clear path forward for finance, entitlements, and construction for Wildwood. Both sites are
anticipated to be developedtakes place in 2021 and 2022, and will include a detailed financial
analysis and exploration of through public/private partnerships.
Two strategies have been identified toTo preserve market rate attainable housing that is
currently at risk of being lost to locals through rapid price increases and/or redevelopment two
strategies are identified. The firstOne strategy is to “buy-down” attainable market rate units and
preserve their affordability with a permanent deed restriction. Nearby precedents for this approach
include Vail InDEED and Eagle Valley Ranch. This is a homeownership strategy. Mi Casa will
continue to grow and evolve as the primary source of new deed restricted Community Housing
stock preserved for local residents.
The secondAnother strategy is to explore zoning protections or mechanisms development
incentives such asthat will maintain affordability of our mobile home preservationcommunity ,
acquisition, and right of first refusal to preserve properties that currently house locals. A right
of first refusal creates the opportunity for the Town to purchase and preserve these assets, if the
owner decides to sell and the Town decides the property is a priority and is able to secure finance
timely. This is a mobile home and multi-family housing strategy. This program development is
anticipated to begin in 2019.Zoning protections could include a special zoning category to be
applied so that redevelopment for other uses is barred. Or in the event of redevelopment, density
and affordability are maintained. [MP2][MP3]
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 6 of 13
Investing in maintenance of current inventory of deed restricted housing is an important
component of housing development and retention. Much of the affordable rental housing inventory
has recently been renovated, however, the homeownership inventory is in need ofneeds capital
planning and reinvestment. The Town of Avon has recently historically contracted with The Valley
Home Store to assist with compliance monitoring and re-sale of deed restricted properties. The
next phase of this effort will be to conduct a capital needs assessment of the home ownership
assets and make a plan for funding and implementing capital improvements. This effort is
anticipated to begin in 20202022.
Cultivating additional public/private partnerships for housing are additional strategies that will
be ongoing. Collaborative efforts with Eagle County, other municipalities, and local employers
are imperative when fostering new opportunities for housing development and retention.
Funding
Local funding is a key ingredient to building and maintaining housing units. Investing (or
“leveraging”) local funds is essential to attracting the outside funding sources such as grants,
loans, tax credits and private investments that, when combined, make housing development
financially feasible. Currently, the Avon Housing Fund has a balance of about $675,000. It is
anticipated that those the Avon Community Housing funds Fund will be invested in the efforts
outlined in this Plan, and that additional funds will be needed moving forward.
A two-step process is envisioned to secure additional local funds for housing. The first step
will be to review current revenue streams and determine if additional funds can be directed to
housing efforts through the annual budgeting process. This review will begin at the end of 2018.
Depending on the outcome of the first step, the second step will be toIn order to build upon the
strength of an increased Avon Community Housing Fund, the Town must then seek
opportunities for new funding sources, which could include approaches such as increased
linkage fees, use tax on construction materials, regional collaboration, and/or support for a local
ballot initiative. Potential revenue frorm a use tax, for the sole purpose of supplying the Community
Housing Fund, were modeled and presented to Planning and Zoning Commission and the
Finance Committee for consideration in 2021. Public/private partnerships are also a funding
strategy, generating potential access to grants, below market loans, and resources such as the
Low Income Housing Tax Credit.
The Town of Avon understands the regional nature of housing, transportation and employment in
the Eagle River Valley. In pursuit of local year-round housing, the Town will continue to participate
in regional studies, seek opportunities to participate in regionally significant housing
developments beyond Town boundaries, and participate in employer forums, and be an advocate
for other regional initiatives including the establishment of a regional transit authority.
Investment CriteriaGuidelines
As the Town of Avon seeks to deploy monies from the Avon Housing Fund, the Town will evaluate
opportunities based on the following criteria:
The Town must invest limited financial resources wisely to meet the goals of this Community
Housing Plan. The Town recognizes that Community Housing development opportunities are
often specific and unique to an available property, potential partnerships, and financial guidelines
for state and federal funding; therefore, differences are expected between ideal projects that
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 7 of 13
clearly meet all guidelines and possible projects. Community Housing programs and projects are
not expected to meet all guidelines described below. Rather, the following guidelines are intended
to assist with the evaluation of proposed programs and projects. These guidelines are not
intended to be exhaustive and additional considerations may be relevant.
• Does tThe program, policy or project meets the goals and objectives of the
Comprehensive Plan and this Community Housing Plan?;
• Does tThe investment fill bridges a financial gap between free market conditions and
Community Housing economics that enables a potential that would otherwise keep the
proposed program or project from moving forward?to proceed;
• Does tThe program or project encourages or incorporates resource conservation, energy
efficiency, and sustainable development? Does the location offer access to multi-model
transportation options and other services? And climate action goals to the extent
financially feasible;
• The location of the program or project has reasonable access to public services and
amenities that support full-time residential use, including schools, parks, trails, transit,
multi-modal transportation options, job centers, neighborhood commercial businesses,
and public services;
• Is thereThe program or project attracts and utilizes the financial participation from other
regional partners, public and/or private?of partners, including other local governments,
state and federal funding, non-profits, and private investors; and,
• The program or project results in positive leveraging of the Town of Avon’s financial
investment.
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 8 of 13
APPENDIX A – Work Plan
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 9 of 13
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 10 of 13
APPENDIX B A – Definitions and Best Practices
Topic Definition Best Practices
Inclusionary Housing A percentage of residential units in new
subdivisions/PUDs are workforce housing. Market homes
support workforce units. Only effective if new
subdivisions/PUDs are developed/ redeveloped.
Carbondale, Eagle,
Eagle County, San
Miguel County
Linkage/Mitigation Requiring new residential and/or commercial
development to contribute to workforce housing relative
to demand generated by the new construction. For
residential, mitigation rate often increases with house
size, and deed restricted units are typically exempt. Fees
in lieu provides revenue stream that fluctuates with
building activity. Documented relationship between fee
and impact required.
Telluride, Aspen, Mt.
Crested Butte
Fee Waivers Water/sewer tap fees, building permit or other fees
waived in part or whole to reduce cost to build affordable
housing. General funds or other source need to cover cost
of fees waived.
Breckenridge, Crested
Butte
Dedicated Funding
Source
Funding is a core component of building housing and
running successful housing programs. Few programs
begin with funding; rather finding funding is an
incremental process that goes hand in hand with creating
goals and objectives, developing policies, securing
appropriate land for housing, and moving forward with
public/private partnerships. Dedicated funding sources
take many forms including grants, fee in lieu payments,
taxes, voluntary assessments, proceeds from rents or
sales.
Summit County,
Steamboat Springs,
Crested Butte, Aspen,
Telluride
Public/Private
Partnerships
Partnering with developers to build attainable units,
typically on publicly-owned sites, or using other public
resources such as property tax exemption. RFQ/RFP
process effective for selecting development partners.
Ownership of land can be retained with long-term land
leases.
Eagle County, Vail,
Breckenridge, Boulder
Land Banking Acquiring land for eventual housing development when
specific project is not known. Summit County, Vail,
Boulder County,
Breckenridge,
Telluride
Buy Down of Market
Homes
Usually involves buying down units with public funds.
Deed restrictions imposed for permanent affordability.
Inability to obtain condo mortgages can result in units
being rented. Public sector purchases can drive up prices
for low-end market units.
Breckenridge,
Telluride, Whitefish
MT
No Net Loss Policy Requiring replacement of housing occupied by the
workforce when redevelopment occurs. Similarly-priced
units should be replaced on site or another site, or a fee-
in-lieu of replacement could be allowed.
Boulder, Basalt
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 11 of 13
APPENDIX C B - Area Median Income for Eagle County 20182021
Area Median Income for Eagle County, 20182021
Household Size 1 2 3 4 5 6
AMI Classifications
Extremely Low (30% AMI) $18,2702
1,000
$20,8802
4,000
$23,4902
7,000
$26,0703
0,000
$28,1703
2,400
$30,2703
4,800
Very Low (50% AMI) $30,4503
5,000
$34,8004
0,000
$39,1504
5,000
$43,4505
0,000
$46,9505
4,000
$50,4505
8,000
60% AMI (LIHTC max) $36,5404
2,000
$41,7604
8,000
$46,9805
0,000
$52,1405
4,000
$56,3406
4,800
$60,5406
9,600
Low (80% AMI) $48,7205
6,000
$55,6806
4,000
$62,6407
2,000
$69,5208
0,000
$75,1208
6,400
$80,7209
2,800
Median (100% AMI) $60,9007
0,000
$69,6008
0,000
$78,3009
0,000
$86,9001
00,000
$93,9001
08,000
$100,900
116,000
Moderate/Middle (140% AMI) $85,2609
8,000
$97,4401
12,000
$109,620
126,000
$121,660
140,000
$131,460
151,200
$141,260
162,400
Upper (200% AMI) $121,800
140,000
$139,200
160,000
$156,600
180,000
$173,800
200,000
$187,800
216,000
$201,800
232,000
Source: CHFA
Affordable Home Price Calculation by AMI, 20182021
AMI % 30% 60% 100% 140% 200%
Household Income – 3 persons $23,490
26,541
$46,980
53,082
$78,300
88,470
$109,620
123,858
$156,600
176,940
Affordable Purchase price
Affordable monthly payment (30%) $587664 $1,1751,
327
$1,9582,
212
$2,7413,0
96
$3,9154,4
24
Principal & interest (80% of pmt) $470531 $9401,06
1
$1,5661,
769
$2,1922,4
77
$3,1323,5
39
HOA, taxes, insurance (20% of pmt) $117133 $235266 $392442 $548619 $783885
Mortgage Interest rate 5.00% 5.00% 5.00% 5.00% 5.00%
Max mortgage $47,5159
9,000
$175,030
198,000
$291,717
330,000
$408,4044
61,000
$583,4346
59,000
Max Affordable Price -5% down $92,0001
02,465
$184,000
204,930
$307,000
341,550
$430,0004
77,135
$614,0006
82,065
Affordable Rent $587675 $1,1751,
350
$1,9582,
250
$2,7413,1
50
$3,9154,5
00
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 12 of 13
Affordable purchase prices were calculated assuming that a household would have 5% for a
down payment, and would qualify for a loan at 30% of their monthly income. HOA, property
taxes and insurance of 20% were included in loan amount. The maximum mortgage assumes
an interest rate of 5%, which is about half point higher than prevailing rates for 30-year fixed
rate mortgages. Interest rates are rising, however, and will have a profound impact on housing
affordability. A one-point increase in the rate, as occurred in 2013, would drop the affordable
purchase price for a median income household by $30,000 to $35,000.
Attachment B
Avon Community Housing Plan Adopted August 24, 2018
(Last Updated October 26, 2021)
Page 13 of 13
APPENDIX C – Implemented Community Housing Strategies
Since this Plan was originally adopted on August 24, 2018, the following policies and resultant
projects have been established:
• Ordinance 2019-01, Community Housing Incentives for Sales Tax and Fee Waivers
• Ordinance 2019-03, Inclusionary Housing regulations to include mitigation for new
multi-family and commercial developments.
• Ordinance 2019-06, Industrial Commercial Zone District Amendments to permit
Community Housing as a Use by Right.
• 2 Deed Restricted for sale units constructed at 1 Waterfront Way.
• Council Resolution 2020-25, Approving Fee Waivers and Deed Restrictions for 9 Rental
Units at 77 Metcalf.
• 1 Deed Restricted for sale unit at 1 Riverfront (proposed, yet to be constructed).
• 19 Mi Casa Units with recorded Deed Restrictions.
• 2 3-bedroom Deed Restricted Units at 38460 Highway 6 (proposed, yet to be
constructed).
• Council Resolution 2021-08, Approving Fee Waivers for Capital Improvement Project at
1011 West Wildwood Road.
• Council Resolution 2021-20, Approving Short-Term Rental Tax Ballot Question for
Community Housing funding.
Attachment B
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/1/16
HOUSING
An end of unfettered growth for short-termrentals in Colorado’s resort communities
Breckenridge and other mountain towns are trying to slow the growth of
vacation rentals in an effort to ease housing and labor issues
Jason Blevins 4:10 AM MDT on Sep 21, 2021
Carol Kresge manages the 13-bedroom Little Mountain Lodge in Breckenridge. She fears "broad-brush" regulation
of short-term rentals in the town will impact the resort town's economy. (Hugh Carey, The Colorado Sun)
Credibility:Original Reporting Sources Cited
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/2/16
V
This story first appeared in
The Outsider, the premium
outdoor newsletter by Jason
Blevins. Become a
Newsletters+ Member to get
The Outsider at
. (Current
members,
)
isitors to the 13-bedroom Little Mountain Lodge above
Breckenridge’s historic downtown have supported the tourist town’s
economy for many years.
They book snowmobile rides. They rent bicycles and ski. They reserve tables
and rooms in local restaurants.
“All the business owners in Breckenridge who rely on visitor spending, they
are getting it from my group,” said Carol Kresge, the manager of the sprawling
home that was originally built as a B&B but now can be rented short-term by
vacationing groups who pay as much as $4,000 a night.
The owners of the Little Mountain Lodge could lose their ability to rent to
vacationers under proposed changes to short-term rentals proposed by
Breckenridge’s town council.
Last week, Kresge, who manages a
handful of high-end rental homes in
Summit County, joined more than 75
other property owners, investors and
real estate brokers in urging the council
to reconsider a proposed cap and
crackdown on short-term rentals in a
town that has long relied on private
property owners to house visitors.
The Colorado Sun
ort towns in Colorado attempt to limit vacatort towns in Colorado attempt to limit vacat
00:00 / 14:17
coloradosun.com/join
click here to learn
how to upgrade
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/3/16
Breckenridge, with its ski slopes reaching into the middle of town, is a short-
term rental haven. The town has 3,945 privately owned homes and condos that
vacationers can rent. The town council, in an effort
and the fabric of our community” and
“fiercely protect the character of Breckenridge,” on Tuesday unanimously
approved a 2,200-property cap on so-called exempt short-term rentals in the
town. Those are the homes that are not part of a larger hotel-like complex that
offers a staffed front-desk and security.
“Hearing that short-term rentals are destroying the character of Breckenridge
is disturbing and it’s just not true,” Kresge told the council. “The visitors who
visit the lodge are the character of Breckenridge. They come into town and
they spend their money at the local restaurants and shops. A cap on short-
term rentals is a broad brush approach designed to solve a problem that hasn’t
been well defined.”
Breckenridge Ski Resort above town seen on Wednesday, September 15, 2021. The town council is weighing a cap on
short-term rentals to help slow the conversion of long-term rentals into vacation rental homes. (Hugh Carey, The
Colorado Sun)
town leaders described as a
way “to protect our quality of life
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/4/16
TODAY’S UNDERWRITER
Resort communities across Colorado are
and even slashing the number of permitted vacation rentals as
local leaders and and
a dwindling number of workers. The vacation-rental strategies deployed in
Aspen, Breckenridge, Chaffee County, Crested Butte, Eagle County, Grand
County, Steamboat Springs, Telluride and Summit County all differ, but one
thing is clear: The largely unfettered growth of short-term rentals in
Colorado’s high country is coming to an end.
“You are about to make a law that will have a long lasting impact on my
livelihood and the livelihoods of so many people in our community. Don’t
punish us with such a low number,” said Mary Waldman, who owns Summit
Mountain Rentals with her husband Mark and pleaded with the Breckenridge
town council last week that any cap on short-term rentals be no fewer than
2,550 homes.
Breckenridge has 1,469 short-term rentals that are exempt from the cap
because they are condos with front desks and full-time security. So the cap of
2,200 cuts 276 units from the 2,476 so called “nonexempt” short-term rental
properties. The town’s leaders said the cap will not lead to a large-scale
conversion of short-term rentals into homes for locals, but could
of long-term rentals becoming vacation rental properties.
Many of the owners who spoke Tuesday were emotional, explaining their
histories with the town and how, for years, they had assumed they were
welcomed contributors to Breckenridge’s economic vitality.
“This feels like bullying,” said local real estate broker and 26-year resident
Nathan Moorefield. “Most of the neighborhoods out here have HOAs. If they
don’t want short-term rentals they can vote them out. This is a small group of
people voting out the rights of a much larger group of people.”
Early Wednesday morning last
week, after more than four hours of
speakers largely critical of the
turning down applications, increasing
regulations
businesses grapple with a shortage of affordable housing
“stop the
rapid loss”
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/5/16
proposed legislation, the
Breckenridge town council
unanimously approved the cap.
Breckenridge Mayor Eric Mamula,
who is
, said
a moratorium “was not enough.”
“We’re losing too many long-term
rentals to short-term rentals
daily,” he said following the
marathon of public speakers, suggesting the council could revisit proposed
areas to exempt from the cap and discuss zoning adjustments to allow short-
term rentals in residential areas.
Housing, labor crises driving increased
regulation
During an emergency meeting on Friday morning, the council hammered out
more details of the pending cap. The council cited a rush on short-term rental
licenses and identified owners who may be exempted from the cap on short-
term rentals.
Town staffers said they would need to hire more code enforcement officials if
the council added several new types of short-term rental licenses — for
example, owners who rent only a couple weeks a year or locals who rent a room
in their full-time home. The council also discussed a tourism core that would
allow short-term rentals in some areas of the town’s 49 different land use
zones. But largely, the council stuck to its guns. A second reading for the new
ordinance is set for later this month.
“The council seems open to hearing different suggestions, which is fabulous,”
said Julia Koster, the executive director of the newly formed Summit Alliance
struggling with staffing at
his own downtown restaurant
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/6/16
of Vacation Rental Managers. “We all need to work together on this thing.”
Many of the property owners who spoke last week suggested that a clamp-
down on vacation rentals in town would force more visitors to rent homes
outside of town. That would increase traffic and the need for more parking as
more people commute into Breckenridge to ski, dine and shop.
“I hope you build more parking lots,” Moorefield said.
The Crested Butte town council recently approved the $2.3 million dollar purchase of The Ruby and will convert the
bed and breakfast into affordable housing for town employees. (Dean Krakel, Special to The Colorado Sun)
There are very few mountain communities in Colorado that have not
addressed short-term rental regulations in recent months
, the number of homes sold reach all-time highs and local businesses
close as workers lose affordable places to live.
Crested Butte, which capped short-term rental properties at 30% of all of the
homes in town in 2017, has suspended vacation rental permits for a year.
as real estate prices
soar
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/7/16
Voters in November will consider an annual tax of $2,500 on homes owned by
nonresidents that are not rented to local workers for six consecutive months.
A second ballot measure increases the short-term rental excise tax to 7.5%
from 5%, with all extra revenue going toward affordable housing programs.
The Summit County Board of Commissioners last week approved
approvals in unincorporated
areas of the county. In 2020, 65% of the new short-term rental licenses
applications in unincorporated Summit County were for properties at Copper
Mountain and Keystone resort areas. This year, only 55% are from those
resorts and 45% are from residential neighborhoods. That increase prompted
the moratorium so county staff could examine the impact of short-term rental
homes in residential areas traditionally occupied by local workers.
Grand County earlier this month backed off plans for a temporary suspension
of new vacation rental permits but is increasing enforcement of its regulations
as it prepares a countywide study of the impacts of vacation rentals.
Chaffee County this month capped vacation home licenses at 6% of the
county’s total number of homes, which is about 310 properties. Steamboat
Springs’ council in June approved a 90-day moratorium on new short-term
rental applications. Telluride voters in November will consider two ballot
questions curtailing short-term rentals properties in the town. Ouray County
is . Residents in Frisco are
pushing for a ban on vacation rentals.
Even the Town of Del Norte that limit short-term
rentals in residential areas to bedrooms in owner-occupied homes.
a 90-day
moratorium on new short-term rental license
cracking down on unlicensed short-term rentals
recently enacted regulations
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/8/16
From left, Telluride residents Emily Scott Robinson, Olivia Lavercombe and Hayley Nenadal assemble dozens of
signed petitions supporting increased regulation of short-term rentals on the front steps of Telluride Town Hall
located at 135 East Columbia Avenue in Telluride Thursday July 15, 2020. (William Woody, Special to the Colorado
Sun)
Sandra Steadman, the owner of Breck Escape property management company,
urged the council to pursue “a more nuanced approach” to the labor and
housing issues, suggesting more deed restricted housing and taxes for
affordable housing could do more to provide homes for working locals.
“You have so many levers to pull and you are grabbing a sledgehammer
instead,” Steadman said. “There are lots of other solutions out there. We
don’t need a sledgehammer.”
Representatives with the nearly 1,000-member Summit Association of
Realtors offered several suggestions beyond the cap. If the council does pass a
cap, let it sunset in a year so it can be adjusted, said Dana Cottrell, with the
broker association board.
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/9/16
TODAY’S UNDERWRITER
Jim Schlegel, who also serves on the real estate board, asked the council to
adjust any new regulations to allow buyers of a home to get in line for a new
license while they are under contract and not wait until the deal is closed.
“As it is now, buyers and sellers are frantically trying to get deals closed so
they can get to the application process,” Schlegel said.
There is a frenzy of pending sales as owners unload properties they might not
be able to rent to vacationers.
“It’s already creating something of a panic,” said Toby Babich, the owner of
Breckenridge Resort Managers who also serves as mayor of Blue River, just
upstream from Breckenridge.
Many of the speakers Tuesday night
said the new buyers who are
replacing owners of short-term
rentals are not planning to rent
their new homes. That means more
empty homes, which will ripple
through Breckenridge’s tourism-
dependent economy, Babich said.
“This hits across all demographics
and all industries and all manner of
community members. And it
hasn’t not been modeled out,”
Babich said. “They are cutting 13% of short-term rentals, so if our economy
dips 13%, what does that look like in terms of revenue for the town, revenue
for businesses. How many employees will lose their jobs?”
J.T. Mueller, whose LiveBreck Property Management company offers more
than two dozen homes for rent, said Breckenridge’s vacation rental traffic is
declining and pacing below 2019. He urged the council to more closely study
the impact of the cap.
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/10/16
“Please take some time and let things settle out,” Mueller said. “We could be
on lockdown in a few months. We don’t even know. So please, take your
time.”
Many speakers on Tuesday questioned how the cap on short-term rental
properties would help Breckenridge find more affordable housing for workers.
“The vast majority of vacation-home owners will never rent their home for
long-term housing,” said Adam Parker who owns Summit Luxury Estates
management company. “People buy their vacation homes to use them.”
Not every speaker opposed the cap.
“A lot more people in favor of this cap wanted to be here but they had to
work,” said longtime Breckenridge local Devon O’Neill, who pointed to
Arapahoe Basin ski area’s decision last season to
to preserve the ski experience there as an example of
“nontraditional decisions” required to protect a place’s character.
O’Neill cited Breckenridge’s steadily increasing sales tax revenue and lodging
tax collections as proof that his hometown is on solid financial footing with an
untarnished brand.
A cap, O’Neill said, “is asking an already booming market to give a little so the
town stays healthy.”
“To argue that this cap is going to crush our economy is self-serving,” he said.
Duke Barlow, a 23-year local, said the ordinance “is not perfect and not a cure-
all.”
cap the number of season
passes it sells
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/11/16
“But it’s a good first step and pushes us back toward balance,” said the
longtime ski patroller. “By passing this measure you will be prioritizing
Breckenridge’s hard-working, full-time locals. Thanks for stepping up for
them.”
Telluride voters asked to regulate short-
term rentals
Wes English, the president of the homeowner owners’ association at
Wildwood Lodge, detailed the money he’s spent on his short-term rental
property, where he lives for several weeks a year.
“I’m not getting rich on my investment,” English said. “And that’s exactly
what it is, an investment into the fabric that is Breckenridge.”
Jeff Zallaps, an attorney who owns the Summit Vacations property
management company, said if the council passed the legislation, he would
support second-home owners and property managers seeking an injunction to
stop the short-term rental cap.
Many of the speakers asked the council to push the issue toward the voters.
That’s what’s happening in Telluride.
A citizen-initiated ordinance will ask Telluride voters this November
in the town at 400, with an annual lottery distributing the
licenses. About 737 of Telluride’s free-market homes are available for rent to
visitors, so the ballot measure, which would go into effect on Jan. 1, 2023,
would cut short-term rentals by about 44%.
A second ordinance, forwarded to voters earlier this month by the town
council, would double the fee for short-term rental licenses to fund the town’s
workforce affordable housing fund. It also places a two-year moratorium on
new short-term rental licenses, which the town council can adjust.
to cap
short-term rentals
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/12/16
Patrons visit local businesses along East Colorado Avenue in Telluride Thursday July 15, 2020. (William Woody,
Special to the Colorado Sun)
Keith Hampton, who started SilverStar Luxury Properties company in Telluride
in 1995 and manages about 80 homes for rent to visitors, helped organize the
second ballot question.
He said the town’s lodging community did not believe the citizen initiative
“really addresses the town’s housing issue.” He doesn’t think property
owners will convert their properties to long-term rentals for locals if they are
not allowed to rent to vacationers. He also didn’t want to wait until 2023 to
begin working on housing in Telluride.
“We wanted a solution that could be implemented immediately and could
have an immediate impact,” he said.
Like many of the property owners in Breckenridge, Hampton wonders about
the impact of a 337-unit reduction in short-term rental properties, which he
estimates could mean as many as 1,685 fewer visitors a night in Telluride.
Attachment C
10/7/21, 7:45 AM Colorado resort towns slow short-term rentals to ease housing, labor issue
https://coloradosun.com/2021/09/21/colorado-resorts-breckenridge-short-term-rentals/13/16
(Hampton’s math: 337 units x 2.5 bedrooms x 2 people in each bedroom =
1,685.)
“What are the tax implications of that? What does that mean for the 235
people who work directly in the short-term rental business?” said Hampton,
who is helping the town pursue an economic impact study of short-term
rentals. “Let’s just not cut STR licenses and see if that solves the problem. I
think short-term rentals are an easy target for people, but I haven’t seen
anything that shows caps will fix our housing problem.”
We believe vital information needs to be seen by the people impacted, whether it’s
a public health crisis, investigative reporting or keeping lawmakers accountable. This
reporting depends on support from readers like you.
ONLY $5!
Attachment C
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager
RE: Ord 21-12 Department Consolidation DATE: October 8, 2021
SUMMARY: This report presents Ordinance No. 21-12 to consolidate departments. Specifically, this
Ordinance will result in consolidating Public Works, Engineering, Mobility and Fleet into one Public Works
Department. Public Operations, Engineering, Mobility and Fleet would become divisions under the Public
Works Department. My overall recommendation as the Town Manager is to consolidate from 10
Departments to 5 Departments and create two high level leadership positions – Public Works Director and
Deputy Town Manager. The transition from existing 10 Departments to 5 Departments is proposed to be
implemented in two phases, with the first phase occurring in 2022 to consolidate Public Works,
Engineering, Mobility and Fleet into one Public Works Department. The second phase to consolidate
General Government, Finance and Human Resources is proposed for consideration in 2023 when
circumstances can be evaluated during the 2023 budget process. Please see ATTACHMENT B for Phase I
and Phase II Organization Charts.
BACKGROUND: Council has recognized that the number of existing Departments and direct reports to the
Town Manager is not ideal or efficient. Exploration of department re-organization to consolidate
Departments and reduce the number of direct reports has been an identified goal for 2½ years. Department
consolidation has been actively researched and discussed internally with current Department Directors.
Avon has amended Departments several times in the past 20 years. This is a chronology of the changes:
2002 Established 9 Departments: Administrative Services, Finance, Human Resources, Community
Development, Engineering, Public Works, Police, Recreation and Transportation. Ord 02-04
(NOTE: Human Resources did not have a department director from 2008 through 2015. Patty
McKenny served as Town Clerk and Director of Administrative Services and oversaw Human
Resources).
2013 Established 8 Departments; created Parks and Recreation Department and eliminated Human
Resources Department: Administrative Services, Finance, Community Development,
Engineering, Public Works, Police, Parks and Recreation and Transportation. Ord. 13-04
2015 Established 10 Departments, added Human Resources and Fleet: General Government
(formerly Administrative Services), Finance, Human Resources, Community Development,
Engineering, Public Works, Fleet, Police, Parks and Recreation and Transportation. Ord 15-08
2017 Changed the name of Transportation Department to Mobility Department. Ord. 17-21
POLICY CONSIDERATION: The goals of department consolidation include:
1. Improve strategic leadership, improve implementation of Council direction and goals, and extend our
forward thinking into meeting the needs of a growing community.
2. Improve coordination across existing Departments, especially coordination of design of new public
infrastructure with efficient operations and maintenance of such infrastructure.
Page 2 of 5
3. Reduce the number of direct reports to the Town Manager to improve the ability of the Town
Manager to provide strategic guidance and direction, allow the Town Manager to effectively allocate
time towards regional issues and partnerships, and allow greater attention towards advancing a
culture of excellence in the organization.
4. Create Town Manager succession positions. Both the Public Works Director position and a future
Deputy Town Manager Position should possess credentials that would establish these positions as
succession candidates for the Town Manager position in the future.
SPAN OF CONTROL: “Span of Control” is the term used in executive management structures to describe
the number of director reports to any one manager. A variety of management articles and
recommendations suggest a range of 5 to 9 direct reports and recognize 7 as a decent number.
“Around five direct reports seems to be the optimum number, according to Mark
and Alison, although there are some scenarios where up to nine can work.
When it comes to the senior team in a company, however, too many people
reporting directly to the owner manager can really hold the business back. Alison
recalls working with someone who had 13 people reporting directly to her. ‘She
had to do 13 appraisals at the end of every year!’ she says. ‘It simply wasn’t an
effective use of her time. She was a superb client-facing leader and developing
client relationships was where she needed to focus to grow her business.’” People
Puzzles - I've got too many direct reports!
A larger number of direct reports is appropriate for organizations which have routine, re-occurring
operations while a smaller number of direct reports is recommended for organizations with a high level of
innovation and implementation of new programs and policies.
“Dynamic environment
The final element in determining the ideal ratio of direct reports to managers is to
evaluate how dynamic the work or market environment is. As a rough rule, the
more dynamic things are, the narrower the span of control should be. For
example, if you operate in the tech industry, where new products are coming out
monthly or even weekly, you risk overloading your managers by having too many
people reporting to them. The opposite is true, of course, if you work in a very
predictable and stable environment.” Inc. How Many Direct Reports Should You Have?
The proposal to consolidate Departments from 10 Departments to 5 Departments is in response to a clear
desire by Council for Avon to innovate, rapidly implement new programs and projects, and advance a
culture of excellence.
NEAR TERM AND LONG TERM GOALS: A question was posed to me if it is better to propose a
reorganization structure that best fits the talent and experience of existing Department Directors or if it is
better to propose a structure that is the most effective for the Avon community over the long run. The
answer is that it is best to meet both goals. It is the intention of this reorganization plan to create a more
nimble organizational structure that can improve and implement best practices and advance a culture of
excellence in Town government WHILE implementing these reorganization changes at a pace that is the
Page 3 of 5
least disruptive to the current structure AND continuing to utilize the existing Department Director talent and
leadership that Avon enjoys. It is my intention and hope that this reorganization will create an efficient and
effective leadership structure that will function best for the Town of Avon for the next ten years and beyond.
INTERNAL REVIEW: The goal to implement department consolidation was introduced to the existing
Department Directors and the larger Leadership team in fall of 2020. The goal was raised again in early
2021. I asked Department Directors to meet as a team without to discuss Department consolidation and
present their perspective and recommendations. The Department Directors presented a reorganization plan
that created a consolidated Public Works Department consisting of Public Works, Engineering and Fleet
and a Deputy Town Manager position overseeing a consolidated General Government and Human
Resources Department. As proposed by the Department Directors, Finance and Mobility would continue as
separate Departments.
I appreciate the proposal by Department Directors and agree with several elements of the proposal;
however, I believe Mobility should become part of a consolidated Public Works Department to best
coordinate transit and multi-modal planning with future development and construction and believe that
Finance should become part of a consolidated General Government Department to better implement long-
range financial planning. Another important consideration for me is that both of the Department Director
positions for consolidated departments benefit from overseeing the scope of Town functions as potential
Town Manager succession candidates.
PEER COMMUNITY REVIEW: The department organization or our peer communities is as follows;
Breckenridge: 7 Departments – Administration, Community Development, Finance, Golf, Public Safety,
Public Works, Recreation. NOTE: Breckenridge currently has a consolidated Public Works
Department that is similar to the Phase I Department consolidation proposal presented in
this report.
Frisco: 6 Departments – Community Development, Finance, Public Works, Police, Marketing &
Communications, Recreation and Culture.
Silverthorne: 5 Departments – Administration, Community Development, Public Works, Police,
Recreation & Culture. NOTE: Silverthorne has a very similar structure as proposed for
Phase I and Phase II Department consolidation.
Snowmass: 10 Departments – Administration, Finance, Community Development, Public Safety,
Housing, Transportation, Tourism, Parks & Recreation, Public Works, Human Resources.
Telluride: 9 Departments – Administrative, Finance, Town Clerk, Marshall, Rental Housing, Public
Works, Parks & Recreation, Planning & Building, Historic Preservation. NOTE: Telluride
currently has a consolidated Public Works Department that is similar to the Phase I
Department consolidation proposal presented in this report.
Vail: 13 Departments – Police, Fire, Public Works/Transportation, Community Development,
Library, Town Clerk, Human Resources, Communications, Finance, Housing, Information
Technology, Economic Development, Environmental Sustainability. NOTE: Vail currently
has a consolidated Public Works Department that is similar to the Phase I Department
consolidation proposal presented in this report.
Page 4 of 5
Please see ATTACHMENT C for Peer Community Organization Charts. Breckenridge, Frisco, Silverthorne,
Telluride and Vail all have Public Works Departments that are similar to this Phase I Department
Consolidation proposal.
ENGAGEMENT PRACTICES: Consolidating departments and reducing the number of direct reports can
have the potential for reducing engagement from the Town Manager. I practice different forms of
engagement with different size groups. The reduction of direct reports is not intended nor expected to
reduce engagement. In other words, I have no intention, nor do I think it is appropriate or effective, to limit
and isolate my engagement to 5 Department Directors. See ATTACHMENT D for Engagement Chart.
INCREASED STAFF WORKLOAD: Avon staff has experienced an increased workload over the last two
years which directly impacts most Departments. New streetscape and landscaping improvements, the
introduction of ice skating, dramatic increase of public usage in Harry A. Nottingham Park and full calendar
of Special Events has increased the workload for Public Works. Construction of public improvements and
facilities has increased the workload for Engineering. The implementation and increase of Town’s
marketing activities for Town produced Special Events, implementation of Mi Casa Avon housing program,
community survey, and climate action collaborative participation have all increased the workload for
General Government and Finance. COVID-19 safety protocols and the increased rate of employee turn-
over throughout Town has increased the workload for Human Resources. Execution of the 2021
Department Goals along with the increase of general activity in Avon has kept all Department Directors
plenty busy. Due to the increase in workload over the last two years, I would not recommend eliminating or
reducing any existing Department Director positions with regard to current job descriptions and salary
ranges. The Department Reorganization will result in changes to titles and changes to the chain of
command and reporting, but will not result in any significant changes to job descriptions, duties and
responsibilities of existing Department Directors.
PHASED APPROACH: A phased approach was suggested to me, which I believe is appropriate and
practical. The higher priority is consolidating the Public Works Department and recruiting a new Public
Works Director that could ideally commence employment in the 1st quarter of 2022. A phased approach
allows for re-assessment of Town’s needs and financial position during the 2023 budget cycle. A phased
approach also minimizes disruption and staggers the administrative logistics of implementing a new
position.
FINANCIAL CONSIDERATIONS: Council expressed a preference to not increase the cost of executive
level personnel as part of a department consolidation. A direct comparison of “before and after” is difficult
because there are many variables and changes over the last two years. It seems most appropriate to use a
comparison of the salary of Directors that existed in fall of 2019 to this Phase I reorganization proposal. As
of this fall, the General Government Director position and the Fleet Director position are vacant and the
Recreation Director position is filled with an interim position. The ‘hold’ on filling any existing vacancies was
intentional to allow opportunity for implementation of department consolidation. At this time, executive level
expenditure is $247,045 less than in fall of 2019. The addition of a Public Works Director position to
oversee a consolidated Public Works Department would result in $87,045 less expenditures than in fall of 2019. The proposed allocation of this salary is 60% General Fund and 40% CIP Fund, which would
result in a net expenditure to the General Fund that is $151,045 less than fall of 2019.
Page 5 of 5
In comparison to fall of 2019, Phase II Department Consolidation to implement a Deputy Town Manager
position would result in a net expenditure increase to the General Fund that is $9,000 more than fall of
2019.
RECRUITMENT PROCESS: Recruitment of a new Public Works Director position would include updating
our executive recruitment brochure and Avon profile, advertisement across multiple local government
publications for leadership level positions, and involvement of stakeholder committees to review resumés
and participate in interviews. I believe it is appropriate and beneficial to include two or more Council
members in this process because this position is expected to attend all Council meetings as well as serve
an active leadership role in implementing Council goals and policy decisions.
RECOMMENDATION: I recommend approval of Ordinance No. 21-12 Amending Avon Municipal Code
Section 2.02.010 – Departments Enumerated in order to implement Phase I of Department Consolidation.
PROPOSD MOTION: “I move to approve Ordinance No. 21-12 Amending Avon Municipal Code Section
2.02.010 – Departments Enumerated.”
Thank you, Eric
ATTACHMENT A: Ordinance No. 21-12 Department Consolidation
ATTACHMENT B: Phase I and Phase II Department Consolidation Organization Charts
ATTACHMENT C: Organization Charts from Peer Communities
ATTACHMENT D: Town Manager Engagement Diagram
Ord 21-12 Amending Section 2.02.010 – Departments Enumerated
Page 1 of 3
ORDINANCE NO. 21-12
AMENDING AVON MUNICIPAL CODE
SECTION 2.02.010 – DEPARTMENTS ENUMERATED
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Section 8.8 – Administrative departments of the Avon Home Rule Charter
provides that Council shall consolidate departments upon recommendation of the Town
Manager; and
WHEREAS, consolidation of Department and reduction of direct reports to the Town Manager
has been studied over the last two years; and
WHEREAS, consolidation of Public Works, Engineering, Mobility and Fleet into one Public
Works Department will promote efficiency and coordination across these existing departments,
and will thereby improve the effectiveness of providing government services and overseeing the
design, construction and maintenance of public facilities and infrastructure; and
WHEREAS, the Town Council finds that consolidation of the will promote the health, safety
and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Repealed and Re-enacted. Avon Municipal Code Section 2.02.010 –
Departments enumerated is hereby repealed in its entirety and re-enacted to read as follows:
2.02.010 – Departments enumerated.
The administrative departments of the Town shall be as follows:
ATTACHMENT A: ORDINANCE 21-12
Ord 21-12 Amending Section 2.02.010 – Departments Enumerated
Page 2 of 3
(a) General Government
(b) Finance
(c) Human Resources
(d) Community Development
(e) Public Works
(f) Police
(g) Recreation
Section 3. Transition and Implementation. The Town Manager is authorized and directed
to administer the transition from existing departments to consolidated departments in a manner
and timeframe which is efficient and which minimizes disruption in the Town Manager’s
discretion.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
ATTACHMENT A: ORDINANCE 21-12
Ord 21-12 Amending Section 2.02.010 – Departments Enumerated
Page 3 of 3
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on October 12, 2021 and setting such public hearing for October 26, 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 October 26, 2021.
BY:_________________________________ ATTEST:___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________________
Karl Hanlon, Interim Town Attorney
ATTACHMENT A: ORDINANCE 21-12
Council
Elected by Citizens - 7 Members
Council appoints Mayor, Legal Counsel,
Municipal Judge, Town Manager, Boards,
Commissions and Committees
Council serves as Local Liquor Authority,
Board of Adjustments, and Board of Directors
for Avon Urban Renewal Authority
Town Attorney
Municipal Prosecutor
Special Legal Counsel
TOWN MANAGER
Oversees Departments and Personnel,
Prepares Budget, Administers
Contracts, Implements Policies and
Projects as Directed by Council
Municipal Judge
Community Development Police Recreation Public Works
General Government
Avon
Citizens
Home Rule Charter
adopted and amended by
Avon voters
Planning & Zoning Commission (PZC)
Culture, Arts & Special Events Committee (CASE)
Finance Committee
Health & Recreation Committee
DEPARTMENTS
Town Clerk
Communications & Marketing
CASE
Municipal Court
Building Inspections
Information Technologies Risk Management Planning Engineering
Building & Facility Maintenance
Custodial Services
Admin
Patrol Recreation Programs
Admin
Council Support
Investigations Public Operations
Fleet Maintenance
Admin
ORGANIZATIONAL
CHART
PHASE I
Mobility
Finance Human Resources
Council
Elected by Citizens - 7 Members
Council appoints Mayor, Legal Counsel,
Municipal Judge, Town Manager, Boards,
Commissions and Committees
Council serves as Local Liquor Authority,
Board of Adjustments, and Board of Directors
for Avon Urban Renewal Authority
Town Attorney
Municipal Prosecutor
Special Legal Counsel
TOWN MANAGER
Oversees Departments and Personnel,
Prepares Budget, Administers
Contracts, Implements Policies and
Projects as Directed by Council
Municipal Judge
Avon
Citizens
Home Rule Charter
adopted and amended by
Avon voters
Community Development
Planning & Zoning Commission (PZC)
Culture, Arts & Special Events Committee (CASE)
Finance Committee
Health & Recreation Committee
DEPARTMENTS
Police
Human Resources
Recreation Public Works
General Government
Town Clerk
Communications & Marketing
CASE
Municipal Court
Building Inspections
Finance
Information Technologies Risk Management
Planning Engineering
Building & Facility Maintenance
Custodial Services
Admin
Patrol Recreation Programs
Admin
Council Support
Investigations Public Operations
Fleet Maintenance
Admin
ORGANIZATIONAL
CHART
PHASE II
Mobility
Citizens of the
Town of Breckenridge
Mayor & Town
Council
Advisory Boards,
Panels, and
Commissions
Municipal Court Judge
Prosecuting Attorney
Town Attorney
Town Manager
and
Assistant Town
Manager
Administration Community
Development Finance Golf Public
Safety
Public
Works Recreation
Government
The Town of Breckenridge is a political subdivision of the State of Colorado organized as a Home Rule
Municipality with a Council-Manager form of government. The Town's legislative authority is vested in
an elected seven-member Town Council, which includes the Mayor. The council shall determine policies,
enact local legislation, adopt budgets and appoint the Town Manager. The Town Manager shall execute
the laws and administer the town government.
Advisory Boards, Panels, and Commissions
In addition to the Town Council, there are volunteer Citizen Advisory boards, committees, and panels
that advise the Town Council on the proper course of action on any number of subjects. Through this
system, civic-minded citizens can get involved in Town government. The Town, in turn, benefits from
citizen knowledge, experience, and expertise.
Breckenridge Open Space Advisory Commission (BOSAC): A Town Council-appointed advisory body that
helps oversee the Town’s Open Space program. The Town’s Open Space program was established in
1997 when Town voters approved a 0.5% sales tax to be dedicated exclusively to open space acquisition
and management. BOSAC is responsible for reviewing open space activities including property
purchases, forest management, trail construction and maintenance, natural area research, and more.
BOSAC develops and approves annual work plans and provides budgetary recommendations for Town
Council consideration. BOSAC members are appointed for two-year terms by Town Council.
Liquor & Marijuana Licensing Authority: Conducts public hearings for consideration of all applications
relating to new alcohol beverage and marijuana licenses; the consideration of a change of location for a
current license; alleged violations of the Colorado Liquor and Beer Codes; and controversial issues
pertaining to the liquor/marijuana licensing process and/or laws.
26
ATTACHMENT C: Peer Community Organization Charts
25
communIty
develoPment
dePartment
Town Attorney
Prosecuting Attorney
Municipal Court
Judge
town councIl
Marketing
Special Events
Information
Center
recreatIon
and cultural
dePartment
organIZatIonal chart
cItIZens oF FrIsco
Town Manager
Boards &
Commissions
Town Clerk
Executive Assistant
Planning
Zoning
Building
PuBlIc
worKs
dePartment
Streets
Buildings
Fleet
Grounds
Water
FInance
dePartment
Audit
Budget
Revenue
Human Resources
Payroll
Accounts Payable
Utility Billing
PolIce
dePartment
Administration
Municipal Court
Law Enforcement
Investigation
Adventure
Park
Marina
Historic Park
Summer/
Winter
Programs
& Activities
Athletic Events
marKetIng &
communIcatIons
dePartment
For more detailed information, please refer to the individual department organization charts in the Policy Questions
section.
ATTACHMENT C: Peer Community Organization Charts
Town of Silverthorne
Organizational Chart
The Town of Silverthorne’s form of municipal government is known as the council-manager government
per the Home Rule Charter. The Town Council shall “enact local legislation, adopt budgets, determine
policies and appoint the Town Manager who shall execute the laws and administer the Town government.”
The following organizational charts reflect the Town Council as elected by the citizens of Silverthorne and
complying with federal and state law. The Home Rule Charter provides for boards as appointed by the
Council and a six-member Planning Commission which is responsible for long range community planning
(Comprehensive Plan implementation). The second chart highlights the key policy documents the Town
has adopted, to follow when making operational and long-term community decisions.
STATE LAW CITIZENS FEDERAL LAW
SILVERTHORNE TOWN COUNCIL
Ann-Marie Sandquist - Mayor
JoAnne Nadalin – Mayor Pro-Tem
Kelly Baldwin - Council Member
Derrick Fowler – Council Member
Robert Kieber – Council Member
Kevin McDonald – Council Member
Tanya Shattuck – Council Member
PLANNING COMMISSION
Michael Bohlender
Les Boeckel
Jenny Gloudemans
Michael Molloy
Donna Pacetti
Natalia Ruiz
Rob Murphy
TOWN ATTORNEY
Karl Hanlon
MUNICIPAL COURT
JUDGE
Ron Carlson
TOWN MANAGER
Ryan Hyland
ADMINISTRATIVE
SERVICES
Financial Administration
Public Policy &
Administration
Human Resources
Economic Development
Municipal Court
PUBLIC SAFETY
Community Policing
Law Enforcement
Inter-Agency
Cooperation
Public Assistance
Administration
PUBLIC WORKS
Street Maintenance
Parks Maintenance
Utilities Maintenance
Capital Projects Mgmnt
New Development
Review
Fleet Management
Facilities Maintenance
COMMUNITY
DEVELOPMENT
Long Range Planning
Current Planning
Building Code
Zoning Code
GIS/MIS
Administration
RECREATION &
CULTURE
Trails
Open Space
Recreation Center
Park Development
Town Pavilion
Performing Arts
Center
TOWN ATTORNEY
Suzanne Rogers
Page 20 of 204
ATTACHMENT C: Peer Community Organization Charts
Organizational Chart
2019-2020
The Citizens
Town Council
Town Manager
Assistant Town Manager
Finance Department
Community Development
Department
Public Safety Department
Housing Department
Transportation Dept.
Snowmass Tourism
Department
Public Works
Administration
Road
Solid Waste
Fleet Services
Town council, Grants & Donations, Special Projects, & Town Attorney
Administration
Administration, Community Relations,
Legislative Support, Town Clerk,
Information Systems & Court
Finance, Personnel & Risk Management
Planning
Building
Administration, Patrol & Code Enforcement
Administration, Bus Program, Parking Program & Parcel C
Housing Apartments & Carriage Way
Marketing & Special Events
Group Sales
Facilities Maintenance
Parks and Recreation
Human Resources
21
ATTACHMENT C: Peer Community Organization Charts
Town of Telluride
Organizational Chart - 2020
Citizens of Telluride
Mayor & Town Council
Town Attorney Town Manager Municipal Judge /
Legal Assistant Program Director Hearing Officers
Open Space Rangers
Finance Town Clerk's Marshal's Administrative Rental Housing Public Works Parks & Recreation Planning & Building Historic Preservation
Department Department Department Services Department Department Department Department Department
Finance Director Town Clerk Chief Marshal Admin Director Rental Housing Director Public Works Director Parks & Rec Director Planning & Building Director Historic Pres Director
Senior Accountant Assistant Clerks (3) Sergeants (2) IT Coordinator Admin Assistant Administrative Assist. Project Coordinator Planner II Planner I or II
Accounting Tech II (1.63) Detective Admin Assistant Maint. Supervisor Facilities Maint Coordinator Admin Assistant
Accounting Tech Deputy Marshals (6) Maint. Workers (2) Building Division:
Code Enforcement (3) Boarding House Mgr (.63)Street & Utilities Division:Recreation Division: Building Official
Executive Assistant Superintendent Recreation Supervisor Building Inspector
Admin Assistant Mechanics (2) Recreation Coordinators (2) Building Permit Tech
Crew Supervisor Event /Rec Aide
Equipment Operators (7) Sports Aides/Coaches
Equip.Op.Seasonal (.5) Summer Seasonal Positions
Main St Ranger (.5)
Parks Division:
Water/Wastewater Division: Parks Supervisor
Superintendent Assistant Parks Supervisor (2)
Plant Operators (4.5) Park Aides (3)
Lab Technician (1.5) Seasonal Park Aides
Transit Division:
Transit Manager
Bus Operations Supervisor
Lead Shift Drivers
Bus Drivers
Env. & Engineering Division
Manager
Town Engineer
60
ATTACHMENT C: Peer Community Organization Charts
FIRE COMMUNICATIONS
LIBRARY
INFORMATION
TECHNOLOGY
POLICE
PUBLIC WORKS /
TRANSPORTATION
ECONOMIC
DEVELOPMENT
FINANCE
COMMUNITY
DEVELOPMENT
HOUSING
TOWN CLERK
HUMAN RESOURCES
TOWN
MANAGER
MAYOR
TOWN COUNCIL
TOWN OF
VAIL
CITIZENS
ENVIRONMENTAL SUSTAINABILITY
MUNICIPAL
JUDGE
TOWN
ATTORNEY
10
ATTACHMENT C: Peer Community Organization Charts
TOWN MANAGER
STAFF ENGAGEMENT DIAGRAM
Department Directors
• New Policies
• Performance Evaluations
• Merit Increases
• COVID-19 Policies
• Leadership Strategies
• Department Goals
• Meet as Needed – Once per
Month on Average
Leadership Team (Directors and managers within each
Department)
• Review Council meetings
• Review Upcoming Council
• Review general administrative
matters
• Ability to Raise Topics for
Discussion
• Meet on Wednesday after Council
meeting and more often as needed
Special Projects
(Department Directors, managers and others as appropriate)
• Meet as Needed
• e.g. Vehicle Replacement,
Lake Ice Skating, East
Nottingham Park Design
Department Staff (Town Manager and all staff within a
Department)
• Meetings for Specific Topics
• General Attendance
• Sometimes informal lunch meeting
• Meet at least once per year, more often
as needed
Department Directors Individually (one on one, Town Manager and Department Director)
• Once a month generally, but
sometimes difficult to schedule
• Once every other month to review
progress on Dept Goals
All Staff Meetings
• Staff Coffee (monthly)
• Annual Employee Picnic
• Holiday Party
• Annual Pulse Survey
ATTACHMENT D: Engagement Diagram
970-748-4413 mpielsticker@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP, Planning Director
RE: East Harry A. Nottingham Park Improvements
DATE: October 6, 2021
OVERVIEW: This matter is scheduled for Town Council to receive updates on the project, and to offer
comments at this critical stage of design development. Schematic drawings and 3 -D images are included
(“Attachment A – East Nottingham Park Restrooms” and “Attachment B –North Nottingham Park
Restrooms”) for review. Pedro Campos, with Zehren and Associates, will present the plan’s progression
and status. Staff plans to return on October 26th with additional information on utilities and preliminary cost
estimates for plan components. If the project continues with the current design direction, and no
substantive changes are desired by Town Council, a Spring 2022 start to construction remains feasible.
DESIGN DIRECTION: Pursuant to input received from Town Council, the design drawings for the East
Restrooms have progressed based on various feedback, including:
• Develop restrooms, an improved/replaced seating wall, and picnic/passive area.
• Size restrooms to accommodate events up to 2,500 – 3,000, in conjunction with existing restrooms
• Minimize height and visual prominence of structure
• Maintain existing parking spaces, and ensure positive drainage to south
The North Restrooms were sized and located based upon Town Council’s direction, which was to match
the playground (3 fixtures/per) facilities, and locate closer to the parking lot, above the available sewer line
location. Sensitivity was taken to avoid removing mature trees in this area of the park.
BACKGROUND: During the Capital Improvement Plan (“CIP”) budget process last year, staff was directed
and approved to proceed with design (2021) of restrooms “and ancillary improvements”, including a picnic
and seating area, and a retaining wall replacement. Initial design concepts including a sports fit court,
potential events storage space, concession area, and a multi -use programmable court area. Town
Council’s direction was to remove the fit court and concessionary spaces.
Town Council recommended
improving the access to the
existing storage space below
the performance pavilion
instead of constructing new
storage facilities. In July, at
the conclusion of public
review and vetting the design
alternatives, the Town
Council’s direction to proceed
with what was referred to as
the “base” option for the East
Restrooms:
Page 2 of 2
During recent work sessions, the Town Council further prioritized development of the North Restrooms as a
precursor to other park improvements (i.e. beach expansion). Siting additional restroom facilities in this
general area of Harry A. Nottingham Park has roots in the 2006 Park Plan.
INTERNAL REVIEW: The design plans have been reviewed by Public Works, Recreation, Parks, Special
Events, Community Development, Engineering, and Administration departments. As the plans proceed,
the various internal stakeholders will continue to be involved in the design development process. Ongoing
maintenance is a priority, including snow removal efficiency and janitorial services (i.e. scalable restrooms
for every day use vs. larger events). Currently, the plans indicate a wash out and dump station on the back
of the structure, facing the parks garage, on the south (railroad track) side of the building. Pursuant to
feedback from Special Events staff, these facilities will be shifted to the north, closer to the main athletic
and event field for easier access.
PZC REVIEW: On October 5, 2021 the PZC reviewed design plans and provided comments in a work
session format. Overall, the PZC welcomed the design and direction for all of the improvements presented.
For the North restrooms, PZC suggested the addition of lighting, cautioned that the low point on the back of
the roof corner might be close enough to the ground for someone to climb on the roof, and commented on
the direct path route toward the park. When reviewing the East restrooms PZC suggested lighting or some
way to add interest to the linear nature of the retaining wall, and recommended a closer look at drainage
from the paver area in front of the restroom structure.
Since the East restrooms are in the “Town Core” and are above 600-SF, the design plans will require
formal approval by the Town Council at a subsequent meeting. Staff will bring the design plans back once
they are finalized for action.
BUDGET: The Proposed 5-year CIP includes the following line items related to this effort:
East
- $85,000 for design
- $120,000 for undergrounding powerlines
- $2,765,000 for construction of public restrooms and ancillary improvements
TOTAL: $2,970,000
North
- $50,000 for design in 2021
- $450,000 for construction of the restrooms in 2022
TOTAL: $500,000
It is anticipated that conceptual level cost estimates will exceed budgeted amounts. These costs will be
reevaluated as the design progresses and utility information becomes available. Until final construction
documents are prepared, and bid process proceeds, the exact cost will not be known.
Page 3 of 2
SCHEDULE: If Town Council accepts the current design direction for the projects, Spring 2022
construction for one or both facilities is feasible. If there is a delay or change in direction the schedule will
need to be reevaluated. Going to bid in the middle of the winter is still feasible if design and engineering
continues on the current track.
TOWN MANAGER’S COMMENTS: I believe the design meets the specific goals identified by Council.
Personally, I felt the number of fixtures seemed excessive on first impression, which means it will probably
be just the right size in 5-10 years as special events grow and mature. The design also borrows from the
stage design such that a true events venue appearance and function will be created for the Avon
Pavilion/Main Field area. Council approval of this design direction would allow Zehren and Associates to
proceed with construction drawings and ideally achieve a schedule with a spring construction start.
Thanks, Matt
ATTACHMENT A: East Nottingham Park Restrooms
ATTACHMENT B: North Nottingham Park Restrooms
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Town of Avon
East Nottingham Park Improvements
Town Council Review
October 12, 2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Town Context0 100’50’200’1/2
m
i
le10 m
in
wa
lk
1/4
m
i
le5 m
in
wa
lk
Nottingham
Lake
Fit Court
Playground
A
v
o
n
Recreation
Center
A
v
o
n
Library
The Westin
New
Riverfront
Town Homes
Eagle River
Union Pacific
Railroad
Highway 6
To Beaver
Creek Resort
Interstate 70
Athletic Field
A
v
o
n
Performance
Pavilion
Lake StreetU.S. Post
Office
W.B
e
n
c
h
m
a
r
k
R
o
a
d
Avon RoadAvon RoadMai
n
S
t
r
e
e
t
Ped
e
s
t
r
i
a
n
M
a
l
l
Mika
e
l
a
W
a
y
Sheraton
Mountain
Vista Villas
Old Town
Hall
Cabin
To
Recreation
Path Avon RoadRiv
e
r
f
r
o
n
t
L
a
n
e
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSPedestrian Circulation
Vehicle Circulation
Important Pedestrian
Intersection
View Corridors
Key
Important Vehicle
Intersection
ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Site Analysis0 45’90’
Eagle
River
Old Town
Hall
A
v
o
n
Performance
Pavilion
Athletic
Fields
Old Fire
Station
A
v
o
n
Library
A
v
o
n
Recreation
Center
Lake Street Union
Pacific
Railroad
Recreation
Path
Nottingham
Lake
Parking
Parking
Service
Maintenance
Service
Cabin
To Pedestrian
Mall
Views to
Beaver
Creek
Ben
c
h
m
a
r
k
R
o
a
d
Playground
Riv
e
r
f
r
o
n
t
L
a
n
e
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Stairs to old Town Hall on East Former Picnic Area NE corner Existing East Parking Lot / Cottonwood View from Sports Field Looking South Timber Wall and North Walkway
West Parking lot / Service AreaWest Benchmark Road along South West Parking Lot and Existing Cabin Service Access to Performance Pavilion Outdoor Sports Fit Court
Site Photos
Attachment A
TOPO1 OF 1
Transformer
14’ x 12’ EAST NOTTINGHAM PARK IMPROVEMENTSSite Boundary
Pedestrian Circulation
Vehicle Circulation
Important Pedestrian
Intersection
View Corridors
Existing Trees
to Preserve
New Trees
Focal Spot
Art
Key
Important Vehicle
Intersection
Power Pedestal
ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Restrooms
2,250sf
area
New Park Green
Space and
Picnic Area
New
Walkways
Parking
Cabin
Performance
Stage
Sports and
Recreation
Fields
Parking
Parks and Rec
Storage
Widen Entrance
+ Bollards
Parking and
Events Staging
Short Term
Parking
Parking
New Gate Lake StreetParking
Parking
Walkway
Seat Wall
Seat Wall
Views to
Beaver
Creek
Views to South
Xeric Garden
Base ConceptSCALE: 1” = 20’
0 20’10’40’
Union Pacific
Railroad
Service Plaza
Access
Lake
Focal
Spot
Service Yard
Trash Expansion
Parking
Shelter
Golf Cart
Access Ramp
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Concept Plan SCALE: 1” = 20’
0 20’10’40’
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
EAST NOTTINGHAM PARK IMPROVEMENTSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment A
NORTH NOTTINGHAM PARK RESTROOMSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Town of Avon
North Nottingham Park Restrooms
Town Council Review
October 12, 2021
Attachment B
NORTH NOTTINGHAM PARK RESTROOMSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment B
NORTH NOTTINGHAM PARK RESTROOMSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment B
NORTH NOTTINGHAM PARK RESTROOMSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment B
NORTH NOTTINGHAM PARK RESTROOMSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment B
NORTH NOTTINGHAM PARK RESTROOMSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment B
NORTH NOTTINGHAM PARK RESTROOMSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment B
NORTH NOTTINGHAM PARK RESTROOMSARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N Town of Avon
October 12,2021
Attachment B
AVON BUDGET RETREAT MINUTES
FRIDAY SEPTEMBER 24, 2021
HOSTED AT AVON TOWN HALL, 100 MIKAELA WAY, AVON CO 81620
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in person at Avon Town Hall. Mayor Smith Hymes called the budget retreat to
order at 8:03 a.m. A roll call was taken, and Council members present in person were Amy Phillips, Scott
Prince, Lindsay Hardy, Tamra Underwood, and RJ Andrade. Councilor Chico Thuon was absent from the
roll call. Also present were Director of HR & Risk Management Lance Richards, Town Engineer Justin
Hildreth, Finance Manager Amy Greer, Finance Director Scott Wright, Mobility Director Eva Wilson, Town
Manager Eric Heil, Fleet Manager Craig Wilmers, Planning Director Matt Pielsticker, Chief of Police Greg
Daly, Interim Recreation Director Michael Labagh, and General Government Manager Ineke de Jong.
2. APPROVAL OF AGENDA
There were no changes made to the agenda.
Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the
motion and the motion passed unanimously by those present. Councilor Thuon was absent.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
There were no conflicts of interest disclosed.
4. PUBLIC COMMENT
There were no public comments.
5. BUSINESS ITEMS
5.1. 2022 PROPOSED BUDGET PRESENTATIONS (TOWN STAFF)
Town Manager Eric Heil made opening remarks and explained staff will take Council through their
respective PowerPoint presentations.
Councilor Thuon joined the meeting at 8:08 a.m.
Town Manager Eric Heil presented the proposed 2022 budget for the General Government department.
Finance Manager Amy Greer presented the proposed 2022 budget for the Finance & IT department.
Director of Human Resources & Risk Management Lance Richards presented the proposed 2022 budget
for the Human Resources & Risk department.
Planning Director Matt Pielsticker presented the proposed 2022 budget for the Community Development
department.
Town Engineer Justin Hildreth presented the proposed 2022 budget for the Engineering & Facilities
department.
Town Manager Eric Heil presented the proposed 2022 budget for the Public Works department.
Mayor Smith Hymes called for a short recess. The time was 10:24 a.m. The meeting reconvened at 10:34
a.m.
AVON BUDGET RETREAT MINUTES
FRIDAY SEPTEMBER 24, 2021
HOSTED AT AVON TOWN HALL, 100 MIKAELA WAY, AVON CO 81620
Mobility Director Eva Wilson presented the proposed 2022 budget for the Mobility department.
Fleet Manager Craig Wilmers presented the proposed 2022 budget for the Fleet Maintenance
department and Finance Director Scott Wright followed with information on the Equipment
Replacement Fund.
Interim Recreation Director Michael Labagh presented the proposed 2022 budget for the Recreation
department.
Town Manager Eric Heil presented the proposed 2022 budget for individual funds including the Avon
Urban Renewal Authority Fund, the Community Enhancement Fund, the Water Fund, the Community
Housing Fund, the Energy Offset Fund and the Disposable Paper Bag Fee Fund.
Finance Director Scott Wright then presented a PowerPoint with information on the current debt
including amounts, percentages, and prepayment penalties.
Mayor Smith Hymes called for a lunch recess. The time was 12:11 p.m. The meeting reconvened at 12:45
p.m.
Chief of Police Greg Daly presented the proposed 2022 budget for the Avon Police department.
Finance Director Scott Wright finally presented the projected 2022 revenues.
5.2. COUNCIL DISCUSSION & DIRECTION
Council asked their questions to the department heads during the department presentations so there
was no further discussion under agenda item 5.2.
6. EXECUTIVE SESSION
6.1. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING STRATEGIES TO COMBAT THE SPREAD
OF COVID-19 AMONG TOWN STAFF AND THE COMMUNITY AS A WHOLE PURSUANT TO SECTION 24-6-402(B), C.R.S.
(TOWN ATTORNEY PAUL WISOR)
Mayor Smith Hymes asked for a motion to move into Executive Session for the purpose of receiving
Legal Advice Regarding Strategies to Combat the Spread of COVID-19 Among Town Staff and the
Community as a Whole Pursuant to Section 24-6-402(b), C.R.S. Councilor Underwood moved that
motion. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor
Prince was out of the room. The time was 2:02 p.m.
The Executive Session started at 2:08 p.m.
Present were all 7 Councilors, Town Manager Eric Heil, Town Attorney Paul Wisor, Interim Recreation
Director Michael Labagh and General Government Manager Ineke de Jong.
The Executive Session ended at 2:49 p.m.
AVON BUDGET RETREAT MINUTES
FRIDAY SEPTEMBER 24, 2021
HOSTED AT AVON TOWN HALL, 100 MIKAELA WAY, AVON CO 81620
7. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn. The time
was 2:49 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.
RESPECTFULLY SUBMITTED:
Ineke de Jong, General Government Manager
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 28, 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
The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith
Hymes called the Council regular 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 Finance Director Scott Wright, Chief of Police Greg Daly,
Town Manager Eric Heil, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres.
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
PURSUANT TO § 24-6-402(4)(B) AND (E) RELATED TO TOWN-OWNED PROPERTY AND 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 PURSUANT TO § 24-6-402(4)(B) AND (E)
RELATED TO PROPOSED ESTABLISHMENT OF A REGIONAL WATER AUTHORITY
Mayor Smith Hymes called the meeting to order at 4:00 p.m. Six members of Council were present in-
person in the Mount Holy Cross meeting room. Councilor Prince was absent from the roll call. Also present
in person was Town Manager Eric Heil and via Zoom were Town Attorney Paul Wisor and General
Government Manager Ineke de Jong. Mayor Smith Hymes asked for a motion to proceed into Executive
Session for the two purposes outlined on the agenda. Mayor Pro Tem Phillips moved to approve that
motion. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0.
Councilor Prince joined at 4:02 p.m.
The Executive Session started at 4:02 p.m.
The Executive Session ended at 4:47 p.m.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:20
There were no changes made to the agenda.
Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Thuon seconded the
motion and the motion passed with a vote of 7 to 0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:00:42
There were no conflicts of interest disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:00:55
Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via
Zoom.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 28, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Comments made in-person:
Paul Jenick, an Avon resident and a recall committee member, commented. He said his position in the
recall business is not personal. He thanked Council for disclosing the recall fees memo included in the
packet tonight and mentioned 180 plus 60 seconds are not enough for a one-way conversation with no
feedback.
Todd Roehr, an Avon resident and a recall committee member, commented. He talked about the recall
and said he represents the citizens that signed the recall petition. He said that there is a mistake in the
Interim Town Attorney proposed contract added in the agenda tonight, as the Town Attorney is supposed
to work for the town and advise the Town Council and employees, meaning the Town Attorney should
work for the citizens and not for the people behind the desks around him tonight.
Dave Martinez, an Avon resident, commented. He talked about contractors and legal issues that he had
mentioned in previous meetings and said his issue has not been resolved.
Kathleen Walsh, an Avon resident, commented. She said the recall is wasting so much time, energy, and
town’s money. She thanked Council members for doing their regular jobs and then coming to do their
job as Council members. She said the light issue at the Piedmont apartments has still not been resolved
and it is really obtrusive to neighbors.
Comments made virtually:
Tom Ruemmler, an Avon resident, joined via Zoom and commented. He said he wanted to set the record
straight and said that before the Town filed the recall lawsuit, he sent each Town Council member a copy
of the recall law with the number of signatures needed, highlighted, but they must not have read it. He
said he wants to see a motion today on the Town paying all the expenses resulting from this lawsuit and
have these members resign, as that is the moral and ethical thing to do.
5. BUSINESS ITEMS
5.1. PRESENTATION: UNIFICATION OF THE UPPER EAGLE REGIONAL WATER AUTHORITY AND THE EAGLE RIVER WATER &
SANITATION DISTRICT (LINN BROOKS, GENERAL MANAGER AT THE ERWSD AND JASON COWLES, DIRECTOR OF
ENGINEERING AND WATER RESOURCES AT THE ERWSD)
Video Start Time: 00:23:42
Linn Brooks and Diane Johnson with the ERWSD presented, explained the steps to unification, and
answered questions from Council.
Mayor Pro Tem Phillips expressed that her biggest concern is to make sure Avon has representation
in this unification, and she asked if there is any cost involved in this process. Diane Johnson clarified
that there is no cost for the Town. Councilor Prince asked the term limits for their Board members.
He said he wants to make sure that Avon Residents know when there is a seat available as he does
not recollect any vote done before. Councilor Underwood said that the Statutory election is in May,
when people are most likely out of town.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 28, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Council agreed to proceed with making a draft of the inclusion agreement, but Mayor Smith Hymes
clarified that it does not mean Council will agree with the drafted inclusion agreement, until they
fully understand all the details.
5.2. PUBLIC HEARING: SECOND READING OF ORDINANCE NO. 21-11 ADOPTING SHORT-TERM RENTAL TAX REGULATIONS
(ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT)
Video Start Time: 01:16:47
Assistant Town Manager and Finance Director Scott Wright explained that this ordinance is an
administrative matter and dependent on the vote during the November election. Town
Manager Eric Heil explained that this is a public hearing, and it should be open for public
comments this evening but that he recommends Council to con tinue the hearing to a future
agenda so that the Interim Town Attorney could look at the ordinance as he will be involved
with interpretation and enforcement of the ordinance in January. Mayor Smith Hymes and
Councilor Underwood made a few edits.
Mayor S mith Hymes called for public comments and no public comments were made.
Councilor Prince moved to continue second reading of Ordinance 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 to the October
26th meeting . Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote
of 7 to 0.
5.3. FRONTGATE AVON CONDOMINIUMS . TWO ACTION ITEMS RELATED TO NEW DEVELOPMENT LOCATED AT 38460
HIGHWAY 6 (PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 01:25:55
Planning Director Matt Pielsticker presented and explained that there are two action items in front
of Council this evening. First the employee mitigation plan and second the amended development
agreement. Graham Frank, Chief Real Estate Development Officer with Breckenridge Grand
Vacations, was present and answered several questions from Council.
Mayor Pro Tem Phillips clarified the mitigation rates formula applied, which is that there are a total
of 7 employees in 2 3-bedroom units. Councilor Hardy asked about parking spots and the patios
spaces as she would like to see these spaces extended. Graham Frank explained there is 1 dedicated
space for 2-bedroom and 2 dedicated spaces for 3 and 4-bedroom units in the building, and in
addition, they will try to promote the public transit bus stop, which is right in front of the building,
as much as possible. Councilor Prince clarified with the Town Manager Eric Heil that the Mi Casa deed
restriction program will not apply to these 2 units, only to the open market units. Several edits were
made by Mayor Smith Hymes and Councilor Underwood.
Town Manager Eric Heil suggested to continue the development agreement to the next meeting to
incorporate the new revisions, no action to continue was needed.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 28, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Councilor Hardy moved to approve the Frontgate Avon Condominiums Mitigation Plan, subject to
Town Council approval of a Deed Restriction Agreement prior to Certificate of Occupancy. Councilor
Thuon seconded the motion. Councilor Underwood then asked Councilor Hardy to amend her motion
to “prior to the building permit” instead of “prior to Certificate of Occupancy”. Councilor Hardy
amended her motion, Councilor Thuon seconded the amended motion and the motion passed with
a vote of 7 to 0.
5.4. WORK SESSION: COMMUNITY HOUSING P LAN UPDATES (PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 02:45:15
Planning Director Matt Pielsticker presented a summary of the Community Housing Plan
accomplishments and proposed amendments , and said tonight is really a discussion and work
session and no action was needed.
Mayor Pro Tem Phillips said she would like to maintain a historical timeline , a tally to see
numbers comparison. Councilor Underwood said that getting ahead of the wave of short -term
rentals is a priority over the mobile home initiative. After Council discussion on the short -term
rentals, Town Manager Eric Heil said staff has been talking about different approaches and
techniques and seeing what other communities are doing and staff will present all the
information to Council .
5.5. WORK SESSION: MIKAELA WAY ON-STREET PARKING (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 03:12:14
Town Engineer Justin Hildreth explained that this is coming before Council as a follow up from
Council request. He explained parallel and diagonal parking options and he recommended to
stay with the current layou t.
Councilor Thuon asked what the cost per space would be. Mayor Pro Tem said this was an
interesting exercise, but she cannot imagine doing this before knowing if it would work with
the project that is going to be built in the Sheridan lot. Councilor Prince suggested to try parallel
parking with just paint and one-way signs, and if that does not work, just change it back.
Councilor Hardy stated that this plan is awkward, and the Recreation Center parking is already
difficult enough, and suggested maybe reevaluat ing these options once the Recreation Center
renovations are done. Councilor Andrade agreed with Councilor Hardy’s comments and said
that the parking is needed but suggested looking for a different location.
Council consensus was to not proceed with one -way traffic and on-street parking.
5.6. RESOLUTION 21-22: APPOINTING AN INTERIM TOWN ATTORNEY (TOWN MANAGER ERIC HEIL)
Video Start Time: 03:30:27
Town Attorney Eric Heil explained that this resolution is to appoint Karl Hanlon as interim Town
Attorney. Karl Hanlon virtually joined via Zoom, introduced himself, and answer questions from
Council. He said one of his specialties is municipal law, and that his firm also represents
Silverthorne and many other west slope municipalities .
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 28, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Mayor Smith Hymes called for public comments and no public comments were made.
Mayor Pro Tem Phillips moved to approve Resolution 21 -22 Appointing Karl Hanlon as the
Interim Town Attorney for the Town of Avon and approving the retainer agreement with Karp
Neu Hanlon. Councilor Hardy seconded th e motion and the motion passed with a vote of 7 to
0.
6. MINUTES
6.1. APPROVAL OF SEPTEMBER 14, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:45:54
Councilor Hardy asked Town Clerk Brenda Torres to use either “with a vote of 7 to 0” or
“unanimously” to keep consistency.
Councilor Thuon moved to approve the minutes from the September 14th regular meeting as
presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to
0.
7. WRITTEN REPORTS
7.1. Monthly Financials (Senior Accountant Joel McCracken)
7.2. Legal Expenses Recall Election (Town Manager Eric Heil)
7.3. Draft September 14th Health & Recreation Committee Meeting Minutes (General Government
Intern Emily Myler)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:44:28
Councilor Andrade asked why work has stopped at the former Town Hall site. Town Manager Eric
Heil explained that there was a safety issue with one of the walls.
Councilor Hardy reported that she attended last week's CASE Committee meeting and how it was
great to hear from other committee members about what their favorite summer event was and
said hers was Pride in the Park . She mentioned again the short -term rentals. She said language in
the code about townhomes, lodge, condos, and how short -term rentals applies to those should be
clarified.
Councilor Thuon asked if he is allowed to comment on the elections and election’s signs. Town
Manager Eric Heil explained that this would be appropriate under public comments, not Council
comments , but he told Councilor Thuon he would be able to ask to that the new Interim Town
Attorney at the next meeting . Councilor Underwood disagreed as she thinks this would be the right
moment. Councilor Thuon told everyone to try to be kind.
Mayor Pro Tem Phillips said that the CASE Committee was excellent , and Chris Cofelice is returning
to the valley so he will finish out his term. She expressed how she is looking forward to the joint
CASE-P&Z meeting next month to look to a 10 -year plan. She closed her comments reminding the
recall committee of the votes she received.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 28, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Mayor Smith Hymes said that taking down the old T own Hall was one of her favorite moments last
summer. She asked Town Manager Eric Heil for an update on the entities that showed interest in
housing at the old fire station. He informed Council the agencies were interested but after walking
through the building and evaluating the work that is needed to make that happen, they are not
pursuing this project any further.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 8:58 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
CASE COMMITTEE MEETING MINUTES
THURSDAY, SEPTEMBER 23, 2021
AVON TOWN HALL, 100 MIKAELA WAY, AVON CO
CASE COMMITTEE MEETING MINUTES, 23 SEPTEMBER 2021 PAGE 1 | 3
1. ROLL CALL
Present- Committee Members: Committee Chair Lisa Mattis and Committee Members Justin Chesney and Kathy Ryan
Town Council: Mayor Pro Tem Amy Phillips and Council Member Lindsay Hardy
Town Staff: Cultural, Arts and Special Events Manager Danita Dempsey and General Government Manager Ineke de
Jong.
Late Arrival- Committee Member Thomas Walsh joined at 12:48 p.m.
Absent- Committee Members Pedro Campos, Ruth Stanley and Chris Cofelice. Town Manager Eric Heil and General
Government Intern Emily Myler.
General Government Manager Ineke de Jong asked the record to reflect the meeting was called to order at 12:35 p.m.
2. OPENING COMMENTS
The Committee Members began with feedback on their favorite event of the 2021 season:
A. Pride in the Park.
B. The Brew’au.
C. SunsetLIVE!
D. Summer’s End.
E. Dancing in the Park.
F. Salute to the USA.
G. The Community Picnic.
H. AvonLIVE!
The Committee also commented that SunsetLIVE! and Summer’s End both seemed to be a massive hit this summer and
decided to recommend Council reconsider dog policy at events.
3. APPROVAL OF THE MINUTES
Committee Chair Mattis asked for a vote to approve the minutes from May 20, 2021. The vote passed unanimously.
4. PUBLIC COMMENT
No public comments were made
5. STAFF UPDATE
CASE Manager Dempsey presented the 2021 Event Season Recap PowerPoint which outlined events and art between
Memorial Day and Labor Day including general budget, personnel and volunteer hours and attendance. She asked the
Committee to consider what kind of musical talent the Town should book next year to align with the AvonLIVE! brand.
The Committee commented/inquired:
A. Is there an estimate of attendance for Pop Up Music?
B. Are Bob’s Place and Ticino’s embracing Pop Up Music?
C. Why did SunsetLIVE! end on Labor Day Weekend if the weather in September is so lovely?
D. Maybe after Labor Day, SunsetLIVE! could be moved earlier in the day.
E. If it the event moves too early, some people may be working and unable to make it. Locals may not care as much
about the cool weather.
CASE COMMITTEE MEETING MINUTES
THURSDAY, SEPTEMBER 23, 2021
AVON TOWN HALL, 100 MIKAELA WAY, AVON CO
CASE COMMITTEE MEETING MINUTES, 23 SEPTEMBER 2021 PAGE 2 | 3
F. It’s nice to have a variety of types of music and the Town should add more strings music in particular to
SunsetLIVE!
G. How would we grow SunsetLIVE! and what does that mean, or do we even need to grow it?
H. Stage production looked like it was done really well.
I. Sound testing started too early and went too long, it was disruptive for those living nearby.
J. Since Lakeside Cinema had low attendance, should the Town consider keeping it for next year?
K. Council should begin talking about moving away or evolving from fireworks at events and especially distancing
Salute to the USA from reliance on fireworks.
L. How much does it cost to do a drone light show?
M. Even though the Summer’s End concert had lower attendance than hoped, it was still successful for the inaugural
launch of a whole new event and being on a Monday night.
CASE Manager Dempsey said there isn’t a way to count attendance at Pop Up Music, but she did hear from multiple people
that they enjoyed being able to experience some ambient music walking by or spending time on the Main Street Mall. She
would not recommend extending the season past Labor Day due to weather and staffing. She thought Lakeside Cinema has
high community value and will grow through word of mouth. She agreed that fireworks are likely going to become
unsustainable in the next few years, but she hasn’t looked into drone shows yet. The Town could potentially money by
limiting the number of free drinks for VIP guests at Salute to the USA.
6. CURRENT ACTIVITY/PLANNING
CASE Manager Dempsey continued with some questions and updates on the upcoming season:
A. Is there more value in a fireworks event in January or another Labor Day Weekend concert next year?
B. The AvonLIVE! budget has been expanded to pay for more recognizable talent and better sound/light equipment.
C. Should the Circus come back to Harry A. Nottingham Park, and if not, where else can it go?
D. Should the Town host one or two Dancing in the Park events?
E. Out of the three art festivals, which ones should come back?
F. The Art Expo on Main Street Mall is having trouble getting attendees. Where else could the event be placed?
G. Gross concession revenues were generally higher than projected, but the costs are very high. However, bar
operations were polished and went very well.
The Committee commented/interrupted:
A. Does the Town have fireworks they have to use up?
B. Winter fireworks could be a great event and people have been asking about it.
C. Does Avon want to roll out a new winter signature event?
D. A winter fireworks event would be lovely, but maybe not this upcoming year.
E. Is there value in investing in purchasing high quality sound equipment?
F. Does the Circus need to go on soft ground?
G. What about the old rodeo ground or the lower athletic field?
H. The Circus should be funded over increasing the AvonLIVE! budget.
CASE COMMITTEE MEETING MINUTES
THURSDAY, SEPTEMBER 23, 2021
AVON TOWN HALL, 100 MIKAELA WAY, AVON CO
CASE COMMITTEE MEETING MINUTES, 23 SEPTEMBER 2021 PAGE 3 | 3
I. Dancing in the Park always feels too short, even though the performances are excellent. Can we add a clause in
the contract with penalties if the show runs short again in 2022?
J. One Dancing in the Park is great, two is too expensive.
K. If The Town can’t find a date to host the Festival of the Arts, it’s okay to lose that show.
L. The Town should not host the Colorado Events Art Festival producer again, although it would be nice to have art at
Summer’s End again.
M. The Harry A. Nottingham Park south side could be a great place to host the Art Expo in the future. In the meantime,
the Westin is a good spot.
N. The Town doesn’t need to push activation in every spot in Town. The Art Expo should go where the people already
are.
O. The Monday concert on Labor Day Weekend was impactful.
P. This was a learning/pilot year for alcohol sales and it was great to gather information. The Town does not have a
revenue problem, but an expense issue that can be improved.
Q. If the cost of putting on the bar is so high, it might be beneficial to go to BYOB at some events a few years and try
to push for a permanent concession stand at the Park.
CASE Manager Dempsey said the fireworks for Salute to the USA were cancelled early enough and that the Town’s
contract stated pay when the performance is complete. She does still have a contract with the fireworks provider, but it
would be less expensive to break the contract than to put on the fireworks event in January, especially when other
expenses like fencing are added in. She said she can’t really think about growth right now, since her department is already
working at capacity. The Town does own some speakers that can support smaller events like SunsetLIVE! but not
AvonLIVE!. That kind of equipment is incredibly expensive, but it may be worth discussing. The Circus tent does need to go
on soft ground, but it kills the grass wherever it sits, causing frustration for Public Works. The Rodeo Grounds are not Town
owned property and too expensive to rent from the owners. The lower field would still have grass problems but may work
since it is less high-profile and close to parking. Dancing in the Park ran much shorter than their agreed upon time. The Art
Expo might fit well at the Westin Plaza, even though the Town doesn’t own that property. She agreed that a concession
stand would reduce costs for ice, water, labor and more.
Committee Chair Lisa Mattis took a lap around the room and the committee consensus was that a winter fireworks event
would be lovely, but maybe in 2023. And that the Circus should be invited back but should be moved to the lower athletic
field.
5. CLOSING COMMENTS
CASE Manager Dempsey went over the budget process including the CASE Committee/Town Council special meeting on
October 12. Committee Chair Mattis suggested the CASE Committee provide a list of discussion items at the special meeting.
6. ADJOURNMENT
The meeting adjourned at 2:22 p.m.
Respectfully submitted by:
Emily Myler
General Government Intern
MEMORANDUM
TO: Board of Directors
FROM: Beth Doliboa, District Administrator
DATE: October 4, 2021
RE: Summary of Authority’s September 23, 2021, Board Meeting
The following is a summary of items discussed at the September 23, 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 Mick Woodworth.
Introductions
David Norris introduced Tom Borawski, the new HR manager, and John
Castillo, the new Customer Service Supervisor.
Drought Update Len Wright updated on current drought conditions. Local streams received a
boost from August rainfall; unfortunately, the flow subsided quickly, and flows
are now generally below instream flow levels.
Unification Update
Linn Brooks, Jason Cowles, and Diane Johnson have been presenting to the
Authority member boards on unification. They are discussing the structure
and requesting direction from each member entity to begin drafting an
Inclusion Agreement. The presentations will be complete by the end of
September.
Gore Creek Fish Kill
Incident
Siri Roman debriefed on Eagle River Water & Sanitation District’s response to a
fish kill on Mill and Gore Creeks that occurred when Vail Resorts drained their
snowmaking system into Mill Creek. Colorado Parks and Wildlife responded
and recorded 120 dead fish in the incident. The incident is still under
investigation.
Avon Wastewater
Nutrient Upgrade
Project
Tim Drescher presented an update on the Avon Wastewater Nutrient Upgrade
Project. The project is 45% complete and is on schedule for completion by
January 2023.
Unallocated Water Jason Cowles discussed the Authority Unallocated Water tracking spreadsheet.
He projects 228.22-acre feet of surplus augmentation if all projects currently in
the land use entitlement process receive approvals.
Homestake
Exchange
Jason Cowles discussed releases from Homestake Reservoir that occurred in
September. Colorado Springs Utilities is making substitution releases from
Homestake Reservoir to replace out of priority diversions through the Hoosier
Tunnel on the upper Blue River. The Eagle Park Reservoir Company is
releasing water from the Homestake Exchange account on behalf of the
Authority, Colorado River District, and Vail Resorts.
Summary of Authority’s September 23, 2021, Board Meeting Page 2 of 2
Black Lakes Dam
Safety Update
Len Wright updated on Black Lakes Dam Safety Improvements.
970.748.4013 idejong@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Ineke de Jong, General Government Manager
RE: İMi Casa Avon! Program Q3 Update
DATE: October 6, 2021
SUMMARY: This report provides an update on the ¡Mi Casa Avon! program.
BACKGROUND: Putting home ownership within reach of more Avon residents has been a priority for the
Avon Town Council and the deed restricted housing program, ¡Mi Casa Avon!, was approved by the Avon
Town Council in the spring of 2020 and launched in June.
REVIEW OF PROGAM: In 2020, the Town approved eight applications. Since January 2021, the Town
has approved twelve applications, ten are closed, two are pending to close in mid-October. Assuming the
two pending transactions go through, the numbers are below:
# Year Type
Sq Ft
Bedr
ooms
Neighborhood
Sales
Price
Mi Casa
$
%
Price per
Sq Ft
1 08/20 Condo 935 2 Wildridge $399,000 $47,880 12.0% $427 Sq Ft
2 09/20 Multi-family 1,987 4 Wildridge $645,000 $75,000 11.6% $325 Sq Ft
3 10/20 Townhome 2,027 3 Wildridge $630,000 $75,000 11.9% $311 Sq Ft
4 10/20 Townhome 1,337 3 Avon Center $480,000 $57,600 12.0% $359 Sq Ft
5 10/20 Condo 552 1 Avon Center $288,000 $34,560 12.0% $522 Sq Ft
6 10/20 Condo 840 2 Avon Center $431,000 $51,720 12.0% $513 Sq Ft
7 10/20 Townhome 2,063 3 Wildridge $675,000 $75,000 11.1% $327 Sq Ft
8 11/20 Condo 768 2 Avon West $400,000 $48,000 12.0% $521 Sq Ft
9 03/21 Condo 768 2 Avon West $430,000 $51,600 12.0% $560 Sq Ft
10 03/21 Condo 768 2 Avon West $370,000 $44,400 12.0% $482 Sq Ft
11 05/21 Townhome 1770 3 Wildridge $695,000 $83,400 12.0% $393 Sq Ft
12 06/21 Condo 1019 2 Avon Center $449,000 $53,880 12.0% $441 Sq Ft
13 07/21 Condo 935 2 Wildridge $498,000 $59,760 12.0% $533 Sq Ft
14 07/21 Condo 1647 2 Avon Center $645,000 $77,400 12.0% $392 Sq Ft
15 08/21 Townhome 1228 2 Avon Center $750,000 $90,000 12.0% $611 Sq Ft
16 09/21 Townhome 806 1 Wildridge $515,000 $61,800 12.0% $639 Sq Ft
17 09/21 Townhome 1176 3 Wildridge $616,100 $73,932 12.0% $524 Sq Ft
18 10/21 Townhome 2025 3 Wildridge $880,000 $100K 11.4% $435 Sq Ft
19 10/21 Condo 768 2 Avon West $425,000 $51,000 12.0% $553 Sq Ft
20 10/21 Condo 935 2 Wildridge $480,000 $57,600 12.0% $513 Sq Ft
Average 1,218 2.3 $523,742 $63,405 11.9% $468 Sq Ft
Page 2 of 2
FINANCIAL CONSIDERATIONS: The initial appropriation from the Avon Community Housing Fund
approved by Council for 2020 was $650,000. Council approved funding in the amount of $900,000 for the
program in 2021. Closed Transactions total $1,159,492, funds awarded and pending transaction total to
$108,600. The remaining fund balance is $281,908.
Thank you, Ineke
Total Funds Closed transactions Pending transactions Funds remaining
$1,550,000 $1,159,492 $108,600 $281,908