TC Packet 01-10-2023_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES 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 MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, January 10, 2023
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 be given one (1) additional minute
subject to Council approval. 5. BUSINESS ITEMS
5.1. Mountain Family Health Centers’ Expansion Serving Avon and Eagle County (Jan Jennings, Director of
Development Mountain Family Health and Dr. Kent, Mountain Family Health) (5 Minutes) 5:05
5.2. WORK SESSION: Overview of Goals and Projects for 2023 (Town Manager Eric Heil) (45 Minutes) 5:10 5.3. Overview of Municipal Law (Town Attorney Karl Hanlon) (45 Minutes) 5:55
5.4. Adoption of 2023 Regular Meeting Schedule (General Government Manager Ineke de Jong) (20 minutes)
6:40 5.5. Appointments to Boards and Commissions (General Government Manager Ineke de Jong) (30 minutes)
7:00 5.6. PUBLIC HEARING: First Reading Ordinance 23-01 Amending Landscape Regulations (Senior Planner
Jena Skinner) (30 Minutes) 7:30 5.7. Notice of Award for the Fawcett Road Street Improvement Project (Town Engineer Justin Hildreth) (10
Minutes) 8:00
6. MINUTES 6.1. Approval of December 13, 2022 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva) (5 Minutes) 8:10 7. WRITTEN REPORTS
7.1 January 2nd Planning and Zoning Commission Meeting Abstract (Planner 1+ Max Morgan)
7.2 2020 - 2021 Loss Control Audit (Human Resources, Safety and Risk Manager Karyne Spadi) 7.3 Front Country Ranger Program End of Season Report 2022 (Town Manager Eric Heil)
7.4 Monthly Financials (Senior Accountant Dean Stockdale) 7.5 ¡Mi Casa Avon! Program Update (Senior Planner Jena Skinner)
7.6 December 15th CASE Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle)
7.7 Sign-on Letter to support Advanced Clean Truck (ACT) (Sustainability Coordinator Charlotte Lin) 7.8 Update on Permitting for Takeout/Delivery of Alcohol Beverages (On-Premise Licenses) (Deputy Town
Manager Patty McKenny, Town Clerk Miguel Jauregui Casanueva) 7.9 Upper Eagle Regional Water Authority November 17, 2022 Meeting Summary (Town Manager Eric Heil)
** 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
MEETING NOTICES 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 MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
FUTURE AGENDA ITEMS:
• Public Hearing: Second Reading Ordinance 23-01 Amending Landscape Regulations
• Highway 6 Pedestrian safety improvement design update
• La Zona Project Update
• Swift Gulch/lot 5 Housing design
• June Creek Egress Update
Mountain Family Health Centers’
Expansion to Avon & Eagle County
Mountain Family Health Centers
Our Mission: We improve the health of our
community by providing equitable and affordable
medical, behavioral, and dental healthcare for all
History and Locations: Avon, Gypsum (forthcoming
summer 2023), Glenwood Springs, Rifle, Carbondale,
and Basalt
Affordable and accessible medical, behavioral, and
dental healthcare along with pharmacy services
Growth in Eagle County: % of Low-
Income Lives Served 2020 < 50% Market
MFHC Zip Codes % Low-
Income Lives Served <
50%
1.Avon 81620: 47%
(1,756 unserved)
2.Gypsum 81637: 34%
(1,236 unserved)
3.Edwards 81632: 31%
(1,768 unserved)
4.Eagle 81631: 21%
(1,613 unserved)
5.Vail 81657: 20%
(1,029 unserved)
Note: 400+ Eagle County
patients travel to Summit
County CHC for care.
Large growth of low-income lives in
Eagle County. More than 7,400
low-income persons unserved by
MFHC (up from 4,000+ unserved
at last analysis)
Gypsum-
Eagle: ~3,000
unserved low-
income
individuals
Avon-
Edwards-Vail:
~4,500
unserved low-
income
individuals
2,800 patients currently served annually, hoping to serve close to 4,000 patients in Avon
Integrated medical, behavioral, and dental healthcare alongside pharmacy services for all
We focus on serving patients with the highest need: low-income, uninsured (38%), and/or Medicaid/CHP+ (40%)
55% of our patients are Hispanic/Latinx
Provide 33% of prenatal care in the Eagle River Valley and deliveries at Vail Health
We see 40-50% of all high-risk pregnancies
30% of patients are children and we have a long history of serving children and their families
We are expanding dental and pharmacy services in Avon
Moving from Edwards to Avon
Zack Kent, MD
Avon Site Medical Director
Locations
Accessible from Bus Stops and More
230 Chapel Place, Avon
Two nearby bus stops
Appointments: 970-945-2840
or same day walk-ins if
appointments available.
Gypsum (forthcoming in 2023)
410 McGregor Drive, Gypsum
Financial Assistance &
Insurance
Outreach and Enrollment team
helps the community enroll in
insurance
Varied payment options for patients
Cash & Insurance (Medicaid,
Medicare, CHP+, & more)
accepted. 20% discount for
services paid for the same day.
Sliding Fee Scale
National Public Emergency and its
impact on Medicaid
Donations to our Health For All Fund
Ready to Care for You
Our Family, Caring for Yours
The Avon
Integrated Health
Center staff are
ready and
excited to help
more patients in
Eagle County
If you have any questions, please contact:
Dr. Zackary Kent, Avon Site Medical Director
970-945-2840
zkent@mountainfamily.org
Amanda Canete, Avon Practice Director
314-780-7219
acanete@mountainfamily.org
Development & Communications
970-928-1606
ebailey@mountainfamily.org
www.mountainfamily.org
Thank You & Contact Information
970.748.4004 eric@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Eric Heil, Town Manager
RE: 2023 Department Goals
DATE: January 5, 2023
SUMMARY: This report reviewed the 2023 Department Goals for Council. The attached Department Goals
was presented to Council at the first Budget Retreat on September 30, 2023. The 2023 Department Goals
reflect the direction of the Avon Town Council and community for new policies, programs and projects and
serves as a guide for appropriations and staffing in the 2023 budget. Many goals involve a process of
researching information, soliciting public input, and conducting review by Council to determine appropriate
details or whether to proceed with a particular goal.
The adoption of 2023 Department Goals provides direction for Staff for the purposes of developing work
plans and schedules for the year. The Goals represent an ambitious and full work load with full staffing.
There are 82 identified Department Goals for 2023 (not including Community Housing, all our Capital
Improvements Projects and our specific Climate Action and sustainability projects).
Council has the discretion to add, remove or redirect Department Goals at any time. Staff provides a
written report each quarter with an update on progress with Department Goals.
NOT LISTED in these Department Goals are housing projects, including the proposed apartments for Town
Employees at Swift Gulch or Lot 5, Village (at Avon). Council has stated unanimously that Community
Housing is a top priority goal for the Avon community. Staff is actively pursuing a variety of projects and
potential housing partnerships in addition to all the Department Goals described in this document. Also not
included are all our Capital Improvement Projects, our Climate Action and Sustainability strategies, and
related grant applications.
REQUESTED DIRECTION: Many goals contemplate that there would be a work session with Council for
further discussion and direction. Requested direction is to (1) affirm the 2023 Department Goals are
appropriate, (2) provide direction to add, remove or modify any Goals, or (3) identify specific Goals that
warrant more discussion by Council before Staff initiates any work.
NOTES: The following notes are offered to Council.
General Government, 5. Heart and Soul and 6. Best of the West are both proposed events for 2024.
Work in 2023 is for the purpose of developing branding and budgets. Staff expects that both of these
events will be subject to more discussion by the CASE Committee and Council in the 1st and 2nd Quarters
to determine appropriate long-range direction for these community based signature events.
General Government, 9. Building Energy Benchmarking the reference to adopting an ordinance in 2023
has been deleted. This Goal is limited to monitoring the State of Colorado’s implementation of HB21-1286
in 2023 and developing strategies to encourage beneficial electrification.
General Government, 20. Implement Spanish Language Conversation Classes for Avon Staff has
been moved from Human Resources to General Government, Town Clerk’s office.
General Government, 21. Monitor Proposals to Re-Activate Union Pacific Rail Road Line was added
to reflect Council direction.
Page 2 of 2
Finance, 10. Implement Broadband Improvements as Directed by Council. This goal was deleted per
Council direction. This topic may come back to Council if there is a 3rd party internet provider that proposes
a partnership with Town of Avon.
Community Development, 5. Downtown Development Authority was reworded based on Council
direction.
Community Development, 6. 3-Mile Planning was reworded based on Council direction.
Community Development, 11. Early Childhood Education was added based on Council direction to
proceed with next design steps in partnership with Vail Valley Partnership.
Community Development, 12 Retail Marijuana Regulations was added based on Council direction to
consider regulations and potential locations before considering referring a marijuana tax ballot question to
the Avon voters.
Community Development, 13 Update Dark Sky Regulations was added as a carry-over from 2022.
Public Works, 5. Develop and Implement Climate Action Strategies was deleted because the reference
was vague and there is a more defined list of Climate Action Strategies presented to Council.
Public Works, 5. Develop Water Conservation Strategy was added to reflect work on gather Avon’s
water rights information and water use data (both Town of Avon and Avon community) and developing best
practice and innovative strategies for water conservation.
Public Works, 10. Conduct Reserve Studies for Town Buildings was revised to include all Town
buildings, not just the Town Hall and Recreation Center.
Thank you, Eric
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 1 of 12
Town of Avon
2023 Department Goals
General Government
GENERAL GOVERNMENT
COMMUNICATION & MARKETING
1.Create a ‘State of the Town’ Presentation: Avon will create a “State of the Town” presentation
(either in brochure or video format) that will review highlights from 2022 and provide an overview and
outlook for significant projects in 2023.
2.Create & Conduct a Neighborhood Survey: A Wildridge Neighborhood survey was conducted in
2020, a town wide Community Survey was conducted in 2021. A business survey was conducted in
2022. In 2023 we plan to focus on another neighborhood survey to solicit input on Town services
and pending policy questions.
3.Research Community Engagement Platforms: Council approved the “Bang the Table” Community
Engagement Platform in fall of 2020. Town staff has made the decision to transition Engage Avon
content back to the Town of Avon municipal website at the end of 2021 due to the lack of community
engagement and platform difficulties/limitations. In 2023, staff will research different platforms with a
focus on ease of registration and formatting flexibility and explore designing our own platform.
CULTURE, ARTS & EVENTS
4.Expand the Art Around Avon Program: Avon launched the “Art Around Avon” program in June
2021. Staff contracted with 7 artists to create 9 outdoor art works that are displayed in various
locations in Avon for a year and then would be replaced each year with new artwork. Staff plans to
continue the program and expand it by up to 26 pieces by the end of 2023 which will be on display
for a two-year period; through May of 2025.
5.Heart & Soul Festival - 2024: Using data collected during the 2022 soft launch, continue to
develop, and fine tune festival elements such as talent, venue design, activation elements and
marketing/promotions elements and tactics. Further develop the 2024 Heart & Soul Festival budget
encompassing all elements needed to produce a successful single-day ticketed festival.
6.“Best of the West” Festival - 2024: Develop branding elements in 2023 to begin creating the
“buzz” in early 2024 in support a full event launch in June of 2024.
7.Add Eagle County Battle of the Bands: Low key event on the Friday of the week-end we plan for
Best of West in 2024.
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 2 of 12
SUSTAINABILITY
8. Conduct Education Outreach for Recycling Ordinance: Council approved Ordinance 22-13 which
established required Town-wide recycling effective date of January 1, 2024. Staff will conduct
community outreach and education of this new Recycling Ordinance, including but not limited to the
following tasks: develop a contact list for HOAs and businesses, determine existing practices,
organize open house meetings with the building managers and business owners, and identify
opportunities for education to help with recycling for these properties.
9. Building Energy Benchmarking: Colorado is the 2nd State to implement building benchmarking
(HB21-1286) of buildings above 50,000 square feet. Cities like Fort Collins and Aspen have enacted
their own ordinances to benchmark smaller buildings. Staff will continue to research and monitor the
different building benchmarking programs and develop strategies to encourage beneficial
electrification.
10. Sustainability Education: Staff will develop a Sustainability Education system comprised of climate
action training, coaching, social media series, multimedia content, public signs, workshops, and a
“climate and food” cookbook. The education program takes a humanistic approach to sustainability
and places human behavior change at its core.
11. Avon Greenhouse Gas (GHG) Inventory: Staff is working with ICLEI (International Council for
Local Environmental Initiatives) USA (aka Local Governments for Sustainability) to establish a Town
of Avon’s GHG Inventory benchmark in order to measure our GHG reduction progress. A GHG
inventory identifies the emission drivers, enables climate action, mitigation and adaptation planning
according to Avon’s unique profile, and helps monitoring strategies efficiency at the community-wide
scales.
12. Vehicle Idling Prevention Education: In October 2021 Council discussed vehicle idling prevention
and tasked staff to ensure Town employees set the example for the rest of the public. In addition,
Council directed staff to action on an educational and awareness campaign that promotes self-
enforcement of the State Idling laws. Staff adopted an internal Idling Policy as requested by Council.
Staff will prepare materials for education and gather examples of Idling regulations from other
jurisdictions.
13. Research Local Composting Infrastructure & Feasibility: Avon Council and Eagle County’s
Climate Action Plan places a high priority on organic waste diversion, yet composting service is only
available through a private operation in Eagle County. In order to reach an equitable, easy and
public access to composting services, Avon plans to research the feasibility of developing local
infrastructure for composting.
TOWN CLERK
14. Records Management & Retention: The purpose of the Records Retention program is to
systematically eliminate the accumulation of valueless records in order to improve the ability to
manage important information, faster locate records, manage legal liability, and reduce staff and
space costs associated with storage. Staff will review the existing data folder structures within the
network shares and Laserfiche to ensure that they are optimized.
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 3 of 12
15. Implement electronic signature system using DocuSign: Staff started using DocuSign in 2022 to
reduce paper and save time. It creates a more efficient and faster flow for approved documents in
need of signatures, such as contracts and agreements, ordinances, and resolutions. As a next step,
Staff will research the flow into Laserfiche for records retention.
16. Research Feasibility of Agenda Management Software and Workflow for packets: Preparing
Council agendas and materials is currently a very manual and unautomated process. The Town
Clerk’s Office will research and explore tools to automate and manage meeting agendas, packets
and minutes including ‘The Town Clerk’s Office CivicPlus’ Agenda Management Software
(CivicClerk) and others. More information about features and prices will be presented to Council for
consideration.
ADMINISTRATION
17. Conduct Long Range Avon Vision Process to Replace Former Strategic Plan: A vision
document will be created that describes how the Avon community desires to see Avon in 10 to 20
years along with strategic policies to achieve this vision.
18. Conduct Elected Officials Leadership Training: Explore leadership training options for elected
officials that focus on effective governance, strategic planning, and new approaches to leadership in
local government.
19. Establish Program for Peer Resort Community Visits: Establish a program for peer resort
community visits that create opportunities to build relationships, share ideas about best municipal
practices and topics of mutual interest, such as housing, economic development, as well as events
and cultural programs. Visits will encourage a platform that showcases the resort community assets
that are offered to their residents and guests.
20. Implement on-site Spanish language conversation classes: Offer conversational Spanish
classes to employees.
LEGAL
21. Monitor Proposals to Re-Activate Union Pacific Rail Road Line: Engage appropriate legal
counsel, monitor any proposals to re-active the Union Pacific Rail Road line, and comment,
participate or take such other action as Council deems appropriate.
FINANCE
1. Train Deputy Finance Director / Implement Succession Plan: Staff will conduct recruitment for an
incoming Finance Director to allow ample overlap time with the existing Finance Director for training
and orientation.
2. Cross-train staff on Tyler Incode software processes (payroll, accounts payable, cash
receipting, etc.): Finance Division Staff will be cross-training on payroll administration and
preparation, accounts payable and purchasing, and cash receipting and MuniRevs.
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 4 of 12
3. Tyler Software Training: Continue to collaborate with other Departments to establish best
practice use of Incode: Finance Department Staff will continue to hold training sessions with users
of the Incode software to ensure that they are adequately trained on the software and on Town
procedures.
4. Implementation of Town-wide Executime timekeeping software (continuation from 2022):
Implementation of the new Tyler Executime timekeeping system will carry over into 2023 due to
delayed delivery of time clocks. The new system ties directly into the Incode ERP and will eliminate
many of the issues that users have had with our old Kronos system that was complicated, unintuitive
and cumbersome.
5. Financial Strategic Plan: Develop a 10-year financial plan: Develop a 10-year financial plan that
provides estimates for future growth in both revenues and expenditures allowing for an estimate of
fund balance in future years.
6. Asset Management Plan: Develop an asset management plan that would inform budget planning
as to what major assets require improvements with estimated costs.
7. Village at Avon: Assist management team and Council to better understand growth opportunities
and financial implications in the Village (at Avon).
8. Firewall refresh and Guest Wi-Fi Security Configuration for Special Events: Replace existing
network firewall and configure Wi Fi to allow for use by vendors and producers for special events
without impacting secure Town government network use and guest wireless use.
9. Audit of cell phone, telephony and internet circuits: Contract with a firm that specializes in
reviews of telephony and internet billing on a contingency basis to audit the Town’s invoices to
determine that we are not overpaying for services or taxes that are not necessary.
10. Implement Broadband improvements as directed by Council: Based on the presentation by staff
of the report by HR Green, Council's has provided feedback and direction, to join project Thor and
implement broadband improvements.
HUMAN RESOURCES
1. Implement standardized public service training for all employees: Research, develop and
execute a Town of Avon public service training that will offer standardized and exceptional customer
service engagement with the public.
2. Enhance “New Employee” Onboarding & Orientation Program: Formalize and enhance the
onboarding and orientation program and process to welcome new employees to the Town with
department and employee introduction, a review of Town culture, and a tour of the Town campus.
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 5 of 12
3. Implement Quarterly Townwide Safety Training Program: To regularly offer safety training that
will increase employee awareness and understanding of workplace hazards and risk, reduce safety
incidents and injuries, and reduce risk costs to the Town, both in-person and online.
4. Complete Implementation of Human Resources Information System (HRIS): Complete the
implementation of HRIS (BambooHR), (data entry) with an emphasis on the software training that
helps employee and manager utilization of the recruiting and hiring, employee self-service (ESS),
and performance review modules.
5. Update Drug & Alcohol Policy: Update the Town’s Drug and Alcohol Policy to identify federal
changes and establish compliance with the Federal Transportation Authority (FTA) and Federal
Motor Carrier Safety Administration (FMCSA).
6. Review Employee Health Insurance Costs: Outline costs benefit comparison of self-insured and
fully insured plans in coordination with Finance Division. Develop a comparison of health benefit
plans from peer communities.
7. Support expanded leadership training: Evaluate various leadership training opportunities to offer
employees townwide.
2023 Department Goals
Community Development
Community Development
1. East Avon Preserve: Facilitate due diligence process for exploring a housing project accessed off
Wagon Trail Road. The project will include coordination with Traer Creek and their potential road
extension to Planning Area I.
2. Sun Road Redevelopment Plan: Develop long range sub area plan for redevelopment of four
properties and Sun Road.
3. Streamline Contractor Licensing: Currently contractors are required to obtain a separate Business
License and Contractor Licensing (and Sales Tax for materials). The process can be cumbersome
and confusing for contractors.
4. Code Amendments: Complete by-annual comprehensive code amendment for Title 7-Development
Code. Amendments will include sign code and lighting ordinance updates, in addition to several other
“clean up” items.
5. Downtown Development Authority: Prepare documents to organize and implement a Downtown
Development Authority, including eligible voter data base, proposed boundaries, a Downtown
Development Authority Plan document and tax increment financing budget. Conduct a Request for
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 6 of 12
Proposal and retain consultant services to provide administrative support and assist with public
outreach.
6. 3-Mile Planning: Prepare a draft 3-Mile Plan document for public review and input and conduct
public hearing process for adoption as appropriate.
7. East Avon District Plan: Update and revamp the East Town Center District Plan. This plan was
adopted in 2007 and is ripe for new design concepts and a streamlined formatting for future updates.
This project will include outside services and public outreach.
8. Digitize all Microfiche Records: Secure scanned copies of all remaining microfiche land and PZC
records. Digitally tag and organize all files in record retention software.
9. Town Properties Design Palette: Develop a Design Palette document for all public improvements,
including streetscape and park improvements, railings, street lamps, lighting, benches, cut stone
blocks, benches, signage, refuse and recylcing containers, etc.
10. La Zona Project: Oversee the administration of consultant team and coordinate public outreach and
community involvement. Collaborate with Recreation, Public Works, Engineering, and consultant
team to finalize recreation center remodel and expansion options, old fire station property, and Main
Street Mall extension to Harry A. Nottingham Park.
11. Early Childhood Education, Planning Area E, Village (at Avon): Coordinate review of site plan
and architectural designs for an early childhood education facility on Planning Area E, Village (at
Avon) in partnership with Vail Valley Foundation and assist with identification of other details to be
determined for this project, including but not limited to terms of long term leasing, partnership
financial contributions, operations and accessibility.
12. Retail Marijuana Regulations: Prepare and present retail marijuana regulations to consider
potential locations and other license requirements and limitations for retail marijuana businesses.
13. Update Dark Sky Regulations: Research and propose updates to the Town of Avon’s Dark Sky
Regulations to address interior lighting which may contribute to light pollution.
2023 Department Goals
Recreation
RECREATION
1. La Zona/Recreation Expansion: Collaborate with Community Development and consultants to
launch vision and public engagement process for opportunities related to recreation expansions and
uses of old firehouse building property.
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 7 of 12
2. Implement Volunteer Program: Research logistics with Human Resources and develop a program
that would utilize volunteers in several operational capacities at the recreation center.
3. Expand Wellness Benefits for Town of Avon Employees: Research opportunities for expanding
new wellness benefits to offer to Town employees that would encourage healthy and active lifestyles.
4. Update Pocket Park, Trailhead and River Park Signage: Research new sign design elements that
are aligned with town brand and implement consistent signage program that helps provide
informational signage.
5. Review Potential Dismount Zone in Harry A. Nottingham Park: Review potential dismount zone
areas that would help establish safer pedestrian / bike travel in the park.
6. Expand Youth and Adult Programming (Teens and Seniors) and Rebuild Summer Youth
Camps: Staff will continue to rebuild and expand youth and adult programming throughout the year
with the additions of recreational opportunities in each of our Program Cycles: Winter/Spring (Jan-
Apr), Summer (May-Aug) and Fall/Winter (Sep-Dec). Consider adding tennis and pickleball programs
for kids. Implement outdoor pickleball, tennis and basketball programming.
7. Analyze Division Cost Recovery and Create Program Subsidy Plan: Review revenue and
expenditures by program to create a break-even target by identifying potential program subsidies.
8. Pursue reciprocity and/or discounts for Avon residents at Eagle-Vail Facilities: Reach out to
Eagle-Vail contracts to propose a program that would allow for reciprocity for Avon residents to use
recreation facilities, e.g. golf and outdoor pool use.
2023 Department Goals
Police
POLICE
COMMUNITY POLICING
1. Active Bystandership for Law Enforcement (ABLE) Project department wide training: Years of
academic research and on-the-ground experience has shown Law Enforcement that effective active
bystandership can be taught. The Georgetown University Center for Innovations in Community
Safety, partnering with global law firm Sheppard Mullin, has created the ABLE* (Active Bystandership
for Law Enforcement) Project to prepare officers to successfully intervene to prevent harm and to
create a law enforcement culture that supports peer intervention. The ABLE Project is a national hub
for training, technical assistance, and research, all with the aim of creating a police culture in which
officers routinely intervene as necessary to: prevent misconduct, avoid police mistakes, and promote
officer health and wellness. APD is preparing to embrace this nationwide training through
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 8 of 12
Georgetown University to better prepare officers to successfully intervene to prevent harm and to
continue our law enforcement culture that supports peer intervention. We are currently waiting for
materials and instructor training support through the Colorado Association of Chiefs of Police
(CACP). Once available, officers will be sent to instructor school and then return with the training to
provide to all APD employees.
2. Community policing/ outreach: The importance of community outreach is to continue to foster
trust, reduce crime, and combat substance abuse problems. The value of community
policing/outreach cannot be overstated. Avon Police Department (APD) employees focus our
collective attention on the Department’s Mission Statement of “We serve to better our community”, to
our motto of “Count on Us” and to our Departmental Goals on a day-to-day basis to ensure the safety
and security of residents and visitors in our community. We seek every opportunity for outreach to
our community through as many community events and involvement in community organizations that
we can manage. Several important and more specific goals of this community approach to policing
are:
• To create more opportunities for police and community members to engage in positive ways
• To build relationships and foster trust between police and community members
• To develop greater understanding between police and members of our amazingly diverse
community
• To provide greater transparency for the community about what police do
• To reduce crime rates in our community
• To protect police officers
Our community policing/ outreach activities include a basketball program with Avon kids, School
Resource Officer/ Therapy K-9 at Avon Elementary School, assisting Vail Valley Salvation Army with
weekly incoming food shipments, Latino and Citizens Police eight week Academies, National Night
Out events, Shop with a Cop, Faith and Blue Weekend, Law Enforcement Immigrant Alliance,
National Drug Take Back program, Annual Food Drive, Speak Up Reach Out, and assist at Pride in
the Park to name but a few.
EQUIPMENT AND TECHNOLOGY
3. Implementation of the mountain community’s siren system: The Police Department has been
working in concert with the Engineering, Facilities and Community Development departments on this
life saving and property safeguarding project. We have received five of the Sentry Sirens for
placement in several strategic locations across our mountain communities of Wildridge, Wildwood
and Mountain Star. The project has completed the Planning and Zoning Commission public outreach
processes and Aon Town Council approval. Sentry Siren is currently working to purchase poles and
contractors for placement of poles and sirens. The town is seeking contractors to supply electrical
infrastructure and connection of the sirens and associated equipment. The target for project
completion is late 2022 prior to the 2023 fire season. We will then ensure proper implementation,
exercise, and community education of the siren system prior to and during the 2023 Wildland fire
season.
4. Guardian Software for training (training submission, training tracking and recording) officer
compliments/complaints and professional standards inquiries: APD is currently in the early
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 9 of 12
stages of implementing this innovative software that helps transform culture within police departments by
identifying personnel in need of additional training before an adverse incident takes place, while also
recognizing high-performing personnel. Some of the features this software can provide are:
• Understand the full picture of employee performance, the positive as well as the negative,
through continuous feedback
• Protect agency personnel decisions through consistent documentation of all aspects of
performance
• Notify managers/supervisors of behavior that may need to be addressed to save careers
• Create a simple process for documentation of an observation, event, conversation, incidents of
good or bad performance, etc.
• Promote a positive and motivating workplace culture and encourages high performance
• Manage all mandated and required training and continuing education progress of employees
Additionally, the software has a comprehensive training component, that enhances our ability for officers to
submit training requests, authorize training requests and track training completed. This tracking
system will ensure that we report/track the required State of Colorado Peace Officer Standards
Training Board (POST) and Commission on Accreditation for Law Enforcement Agencies (CALEA)
annual training requirements
5. Crisis/emergency response equipment in each police vehicle: The Police Department has been
incrementally working on equipping each patrol vehicle with stop sticks/ tire deflation devices (to end
pursuits), breaching equipment to include hooligan breaching tools and breaching shotguns, to avoid
any delay in getting to victims in the event of a critical incident. We have witnessed failures in getting
to victims by other agencies nationwide and we take the approach “Not on our watch!” This also
includes our departmental goal of sending every patrol officer to a basic SWAT school, to enhance our
ability to respond to critical incidents.
SUSTAINABILITY
6. Transition Police Vehicles to Hybrid Vehicles: The Police Department continues to embrace our
Town wide climate action goals, through building design, energy efficient lighting, increased
recycling, composting, and furthering those goals through transition to more fuel efficient and less
carbon emitting police service vehicles. With the recent Town Council approval of a one-to-one take
home car policy, we hope to have thirteen (13) hybrid vehicles of a total fleet of twenty-two vehicles
by the end of 2023. The remaining vehicles will be converted to hybrids as they come up for
scheduled replacement.
2023 Department Goals
Public Works
PUBLIC WORKS
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 10 of 12
1. Implement PubWorks - Workflow Management: The management of workflow in Public Works is
currently manual (except for Fleet). Resources and equipment used for work orders are not currently
accounted for by the specific work. The use of PubWorks will enable better accounting of labor
hours, resources, and equipment needed to accomplish work orders. The PubWorks software has
been installed and training has begun. In 2023, the goal is to fully use PubWorks in our workflow
management and begin using Service Request for the staff and public.
2. Plan and Develop the Public Works Complex: The Operations Team does not have a centralized
location for their heavy equipment and resources. Due to the lack of storage facilities, they are
currently distributed around town in vacated facilities. A Public Works Complex will provide a
consolidated location for their needed storage.
3. Create a Geographic Information System (GIS) and Broadband Management Office: The Town
has been collecting GIS data on the built infrastructure for the past several years. A GIS manager is
needed to fully implement a comprehensive program that will provide GIS support to all departments
in the Town. In addition, the office will be responsible for overseeing the Broadband program if
approved.
4. Assist in the implementation and transition of the Regional Transit Authority: With the success
of the formation of the Eagle Valley Transit Authority on the Nov 2022 ballot, the next step is creating
the implementation and transition plan. Once approved, the work begins to consolidate services
between 3 Transit Agencies.
5. Develop Water Conservation Strategies: Staff will continue to gather information on existing water
rights and data on water usage, including Town of Avon water usage and Avon community water
usage, and will develop water conservation strategies, including a water conservation and water
demand management document.
Develop and Implement Climate Action Strategies: Continue to review, develop, and implement
Climate Action Strategies across all divisions.
PUBLIC WORKS >> ENGINEERING
6. Pursue Grants for the Nottingham Road Drainage Improvements: The Town has experienced
periodic flood events on Nottingham Road that closed Nottingham Road, Interstate 70, and damage
several downstream developments. Two projects are proposed at 330 Nottingham Road near
Sonnen-Halde and Sherwood Meadows Condominiums and 400 West Beaver Creek Blvd near
Beaver Bench Condominiums. We are currently applying for grants in the November 2022 FEMA
grant cycle and if not successful we will apply in the 2023 grant cycle. The project will be designed in
2023 and planned for construction in 2024.
7. Develop and Implement an Internal Project Review and Consensus Process for CIP: The
Engineering Division will develop an internal review and consensus process for all CIP projects. The
process will ensure all stakeholders are actively engaged and all considerations are identified.
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 11 of 12
PUBLIC WORKS >> FACILITIES
8. Establish energy benchmarking for all Town buildings and identify strategies for energy
reduction: Colorado is the 2nd State to implement building benchmarking (HB21-1286) for buildings
above 50,000 square feet, and cities like Fort Collins and Aspen have enacted their ordinances to
benchmark smaller buildings. Avon plans to continue to research and monitor the different building
benchmarking programs, develop strategies to encourage beneficial electrification, and plan for an
ordinance in 2023.
9. Create and implement a Preventive Maintenance Program: The Facilities Division will work with
the Engineering, and Operations Divisions to develop a preventive maintenance program. The
preventive maintenance program will include drainage infrastructure, streetlights, buildings, and
roadway infrastructure.
10. Conduct Reserve Studies for Town Buildings: A Reserve Study is a long-range capital planning
tool that helps leadership anticipate and prepare for the repair and replacement of their assets.
Reserve studies are important for financial sustainability to properly maintain and replace assets. The
Reserve Study provides a prioritized schedule of capital projects and a reserve funding plan to offset
future costs associated with repairing and replacing the common assets over the next 30 years.
11. Research the benefits and feasibility of in-house custodial staff versus contract service for
the Recreation Center: As the demand for services grows at the Recreation Center, increase
custodial service is needed. Staff will research the benefits and feasibility of in-house custodial staff
vs. contract service.
PUBLIC WORKS >> FLEET
12. Become ASE (Automotive Service Excellence) Blue Seal of Excellence Certified Shop: Fleet
will work towards earning its certification as a shop to become a fully certified ASE shop. 75% of the
technicians must be ASE Certified and each area of service offered must be covered by at least one
ASE Certified technician to meet the criteria for ASE certification.
PUBLIC WORKS >> MOBILITY
13. Expand evening bus service in the Town core: Ridership and the number of stops increased in
2022. The increases caused numerous delays with the Night Rider evening bus service. Based on
the demand, the Blue Line and Red Line routes will expand to operate from 6:30 am to 10:00 pm,
alleviating delays and missed loops while keeping the 30-minute service times.
14. Expand the Shift-Bike regional e-bikeshare program: A regional e-bikeshare program was
successfully launched in 2022 in partnership with Town of Vail and Eagle-Vail. Staff will continue to
work with Vail, Eagle-Vail, and other local stakeholders to expand the regional e-bikeshare program
in the Valley in 2023. Based on the popularity of the program, $100K is budgeted for 2023 to
double the number of e-bikes.
ATTACHMENT A: 2023 Department Goals
2023 Department Goals
January 10, 2023
Page 12 of 12
15. Employ two new diesel buses into the Avon transit fleet: Staff received a $1M grant in 2021 for
two efficient diesel buses and will continue to oversee the acquisition and establishment of the
buses into Avon’s Transit Fleet. These are projected to be the last diesel buses the Town will
acquire and primarily be used for our Skier Shuttle routes.
PUBLIC WORKS >> OPERATIONS
16. Design the replacement of Avon’s irrigation system: An Irrigation Audit was conducted in 2022.
The Audit Report recommended the entire antiquated irrigation system be replaced. The Audit found
significant system-wide leakage, undersized mains, and failed controls for all zones where staff has
to manually set at the control nodes. The design project will design an efficient irrigation system
and recommend potential construction phases based on the availability of funds.
17. Update Town Code Chapter 12.04 – Construction Work within Public Ways: The fees and fee
structure of the Public Way permit needs to be updated. An ordinance is needed to amend section
12.04. The review will include an assessment of the fees and fee structure, and the inclusion of
material specifications for Ordinance 20-10, requiring the installation of conduits in public streets.
18. Implement the Noxious Weed Management Plan: Update the 2011 Noxious Weed Management
Plan and continue to work with the Planning Department, Code Enforcement. Full implementation
of the Noxious Weed Management Program will begin in the Spring with Public Outreach.
ATTACHMENT A: 2023 Department Goals
www.mountainlawfirm.com
Glenwood Springs – Main Office
201 14th Street, Suite 200
P. O. Drawer 2030
Glenwood Springs, CO 81602
Aspen
323 W. Main Street
Suite 301
Aspen, CO 81611
Montrose
1544 Oxbow Drive
Suite 224
Montrose, CO 81402
Office: 970.945.2261
Fax: 970.945.7336
*Direct Mail to Glenwood Springs
MEMORANDUM
DATE: January 5, 2023
TO: Avon Town Council
FROM: Karp Neu Hanlon, P.C.
RE: Code of Ethics, Ex Parte Contacts and Simplified Rules of Order
I. Summary
The Town of Avon is a Home Rule Municipality organized under the authority of Article XX of
the Colorado Constitution. As a Home Rule Municipality the Town is organized and governed by
the Town Charter, the Avon Municipal Code (AMC) as well as State and Federal law. The
following is a brief overview of 1) the Town’s Ethics Code, 2) Council Members’ obligations with
respect to ex parte contacts and 3) the Avon Town Council Simplified Rules of Order governing
Council meetings. No Council action is required, but this memorandum will be discussed at a
presentation during the January 12th Council meeting.
II. Ethics Code
Avon has adopted a more specific and restrictive ethics code (Ethics Code) than current state
statute. The purpose of the Ethics Code is to establish guidelines for ethical standards for Council
Members, staff and appointed members of boards and commissions, and to set forth acts that are
incompatible with the best interests of the Town.
The full text of the Ethics Code, attached hereto as Exhibit A, we suggest Council Members take
some time to review in full. Two of the most common areas to come up is conflicts of interest and
gifts discussed in more detail below.
a. Conflicts of Interest
One of the primary concerns addressed in the Ethics Code is conflicts of interest. The Ethics
Code addresses current and future conflicts as well as appearances of impropriety. It also
sets forth the mechanisms by which such conflicts may be resolved.
Code of Ethics, Ex Parte Contacts and Simplified Rules of Order
Page 2
i. Conflicts of Interest, Generally
Precisely defining “conflict of interest” as it applies to municipal decision making
is difficult because the existence of a conflict of interest depends in large part on
the specific facts of each case. The general rule is that a conflict of interest requiring
disqualification will be found when an official has a personal, financial, or official
stake in the decision. Meyerstein v. City of Aspen, 282 P.3d 456, (2011). That
interest must be immediate, definite and capable of demonstration; not remote,
uncertain or speculative. In short, would a person of “ordinary capacity and
intelligence” be influenced by the financial interest? If yes, then the person has a
conflict of interest and must not vote on the matter.
Conflicts of interest are highly fact specific, so it is difficult to make direct
comparisons between two different situations that may give rise to conflict of
interest concerns. If a Council Member is concerned that a conflict may exist, we
recommend reaching out to the Town Attorney to discuss the specific issue.
However, below are a few examples of where conflicts may, or may not exist.
• A Council Member owned an aviation business that was a tenant of the city
airport. The Council Member voted to purchase a new tractor for use at the
airport and voted to participate in a block grant program for airport expansion.
In that case, the state supreme court held that the Council Member did not have
a conflict of interest because the Council Member was not himself financially
interested, either directly or indirectly, in the contract or the performance of the
work. Even though the Council Member could make use of the airport’s
facilities, the benefit to the Council Member was no different from the benefits
enjoyed by the public at large.
• A tenant of a public housing authority was appointed to a two-year term as a
commissioner of the same housing authority. There, the state supreme court
found the interests of a housing authority commissioner would center on the
points at which management policies and functions of the authority come into
contact with individual tenants, a conflict of interest existed. The court reasoned
the authority of a commissioner could include the selection and retention of
tenants, a determination of rents to be charged, the services and other benefits
to be furnished, and the enforcement of the rules governing the conduct and
rights of the tenants. Therefore, the tenant, as a housing commissioner, would
benefit herself by her vote, because her personal interests were always directly
or indirectly involved in her vote on the commission.
• City commissioners negotiated and approved a settlement of a federal lawsuit
against the city. In the settlement they included an arrangement for their own
employment with the city. The court found the commissioners had a duty to act
in the best interests of the city and to refrain from using their positions as city
Code of Ethics, Ex Parte Contacts and Simplified Rules of Order
Page 3
commissioners for their own personal benefit. The court held the
commissioners, in negotiating and approving their own employment with the
city, had obtained a personal benefit in violation of state statutes.
As these cases demonstrate, a conflict of interest may not exist in some instances
where one may think such a conflict would be found. On the other hand, the cases
also demonstrate Council Members should studiously avoid voting on matters that
directly benefit them personally or financially in a way that does not inure to the
public at large.
ii. Current Conflicts
Section 2.30.060(3) of the Ethics Code provides no Council Member shall perform
an “official act which directly and substantially affects to its economic benefit a
business or other undertaking in which such Council Member has a substantial
financial interest. A “substantial financial interest” is defined in Section 2.30.050
as 1) an ownership in a business; 2) a creditor interest in a business; 3) an ownership
interest in real or personal property; 4) a loan or any other debtor interest; or 5) a
directorship or officership in a business.
Section 2.30.060(4) prohibits any Council Member from performing “an official
act which directly and substantially affects a business or other undertaking by
whom the Council Member is employed, or by whom such Council Member is
engaged as counsel, consultant, representative or agent.” Future Conflicts
In addition to addressing direct and substantial conflicts existing at the time Council
votes on a particular matter, the Ethics Code also places a restriction on future
activity of Council Members by limiting future employment opportunities or
sources of compensation. Section 2.30.060(11) prohibits any Council Member from
seeking or obtaining “employment or compensation concerning matters upon
which he or she took an Official Act during his or her term of office for six (6)
months following expiration or termination of office, if such Official Act occurred
less than four years prior to such employment or compensation.”
Notwithstanding the foregoing restrictions on future employment and
compensation, Section 2.30.060(11) provides any conflict giving rise to the
prohibition on future employment or compensation opportunities “may be waived
by a majority of the disinterested Council Members.”
iii. Appearance of Impropriety
The Ethics Code also contains a catchall provision common in many municipal
codes throughout Colorado in a variety of iterations that seeks to broadly cover all
manner of unethical behavior. Section 2.30.060(8) provides a Council Member
Code of Ethics, Ex Parte Contacts and Simplified Rules of Order
Page 4
shall not take action “under circumstances which give rise to appearance of
impropriety” on the part of the Council Member.
Like “conflicts of interest,” the Ethics Code does not define “appearance of
impropriety.” In the local government context, “appearance of impropriety” is
generally described actions or decisions which do not qualify as conflict of interest,
but reasonably give rise to an implication that an action is self-serving rather than
considered solely with respect to its impact on the Town and its citizens.
The “appearance of impropriety” provision could be applied quite broadly. A
Council Member may have any number of tangential connections to an issue being
considered by Council, particularly in a small community where relationships and
activities are consistently interrelated. In evaluating whether the appearance of
impropriety exists, Council Members should focus on whether a reasonable
observer would believe the Council Member is acting for their own benefit.
In addition, Section 2.30.070 of the Ethics Code provides a generally applicable
exception, but one that is particularly pertinent to issues surrounding appearances
of impropriety, that provides a Council Member may vote on a matter even if there
is a conflict of interest of appearance of impropriety if the “officer is similarly
situated to other Town residents.” This includes but is not limited situations where
Council adopts general land use regulations, the officer owns property within a
special or local improvement district, the officer votes for taxes or bonds, adopting
ordinances of general applicability or otherwise acting upon matters involving the
common public interest.
iv. Waiver of Future Conflict
Council Members are also often concerned about what impact a particular decision
may have on their individual or employer’s economic wellbeing in the future and
if this creates a conflict of interest. Section 2.30.060(11) of the Code addresses this
concern by providing Council may waive any future conflict that may arise because
of any action taken by a Council. The specific time and manner this waiver is
provided is unclear. That said, there is nothing in the Ethics Code specifically
precluding a Council Member from seeking a waiver at the time action is taken if
the Council Member foresees a potential conflict.
v. Council Acts as Final Arbiter
Prior to hearing a particular matter, Section 2.30.080 requires a Council Member to
disclose a conflict of interest. Under the Ethics Code, it is then the obligation of the
remaining Council Members to determine if a conflict exists. If no conflict exists,
the Council Member with the perceived conflict is required to vote under Section
5.5 of the Charter. As such, an individual Council Member can never be faulted for
participating in a given matter. That decision is the prerogative of fellow Council
Code of Ethics, Ex Parte Contacts and Simplified Rules of Order
Page 5
Members and a requirement of the Charter. It is notable that while nothing prohibits
Council Members from asking the Town Attorney for guidance, it is ultimately
Council not the Town Attorney that determines whether a conflict of interest exists.
b. Gifts
In 2006, the Colorado voters approved a constitutional amendment imposing certain ethical
constraints on elected officials and government officials. In 2015, Council, using its home
rule authority, adopted its own regulations related to gifts provided to Council Members.
Pursuant to Section 2.30.170 of the AMC, Council Members must report any gift in excess
of fifty dollars ($50.00) to the Town Clerk as well as the estimated value of such gift.
A gift is defined as “any present, or offer of future, individual gift, favor, loan, service of
thing of value.” Such gifts only need be reported if they were given as a result of a Council
Member’s status as a member of Council. Gifts provided by relatives or personal friends
on special occasions need not be reported.
To the extent a gift is reported to the Town Clerk, Council must determine whether such
gift constitutes a conflict of interest under the AMC. The Council Member receiving the
gift shall not vote on whether a conflict exists. Section 2.30.170(c) specifically provides
gifts given without the intent to influence a Council Member in connection with an official
act does not create the appearance of impropriety.
III. Ex Parte Contacts
Council acts in three different capacities: legislative, administrative, or quasi-judicial. In a
legislative capacity, Council most often enacting new laws or making decisions that are generally
applicable to the public as a whole. In an administrative capacity, Council is engaging in the basic
operation of government, such as approving contracts. When acting in a quasi-judicial role,
Council is determining the rights, duties or obligations of specific individuals on the basis of the
application of facts to existing legal standards pursuant to a hearing conducted by Council. Council
most often serves in a quasi-judicial capacity with respect to land use matters.
When acting in a quasi-judicial role Council is required to operate as a panel of “judges” rather
than legislators. In this capacity, Council must base its decision solely on the evidence presented
at a public hearing, and, as a general matter, Council Members are prohibited from basing their
decision on evidence gathered outside the public hearing. This prohibition extends to contacts
between the applicant, proponents or opponents of a particular matter and members of the Council
outside of publicly scheduled hearings or meetings. These contacts are known as ex parte contacts,
and can be verbal, written, or electronic.
Ex parte contacts can potentially invalidate the decision of Council if not properly addressed.
Council Members are to remain impartial with respect to quasi-judicial hearings, and ex parte
contacts can have the effect of spoiling such impartiality, thus prejudicing the rights of the
applicant or the proponent or opponent of a particular application. Ex parte contacts can also create
Code of Ethics, Ex Parte Contacts and Simplified Rules of Order
Page 6
a situation in which a Council Member bases their decision on details upon which an applicant,
proponent or opponent does not have the opportunity to provide their side or the story or otherwise
rebut. In addition, ex parte communications are specifically prohibited by Section 2.30.060(9) of
the AMC, which prohibits “ex parte communication or contact concerning a matter which is to be
determined after a public hearing without making the contents of such communication or contact
a part of the record of such public hearing.”
In the event it is revealed Council conducted a quasi-judicial hearing where ex parte contacts
occurred, a losing party could appeal the Council’s decision. While it may be difficult to overturn
quasi-judicial decisions in some situations, courts are more likely to vacate a Council decision
where Council has failed to provide substantive as well as procedural due process.
Council should do its best to avoid ex parte contacts. The best practice for Council is not to initiate
any conversation or other contact with respect to a quasi-judicial matter. To the extent someone
initiates a contact with a Council Member, it is a Council Member’s right and obligation to make
clear the conversation or contact immediately needs to end, and the person initiating the contact
should either express their comments to Council through participation at a public hearing or
through a written comment.
In the event an ex parte contact does occur the law in general, and the AMC specifically, allows a
Council Member to cure the ex parte contact by making the contents of the communication or
contact a part of the record of any relevant public hearing. Such disclosure must take place at the
beginning of the public hearing on the matter. While disclosure of the contents of an ex parte
contact is sufficient from the perspective of the AMC, Council Members should be mindful of the
due process rights afforded those participating in the hearing. As such, the Council Member
disclosing the ex parte contact must be sure to inform the other Council Members of all information
obtained in the ex parte contact that may be relevant in rendering a decision on the matter. In
addition, the Council Member who engaged in the ex parte contact should participate in the public
hearing and vote on the matter only if the Council Member sincerely believes the ex parte contact
did not impair their ability to impartially render a decision on the matter.
IV. Simplified Rules of Order
In January 2014, Council adopted the Avon Town Council Simplified Rules of Order (the
“Simplified Rules”), which Simplified Rules were amended in July 2016. The Simplified Rules
were adopted to establish rules and procedures governing Council meetings that are readily
accessible and usable by Council and understandable by the public. While the entirety of the
Simplified Rules, attached hereto as Exhibit B, should be reviewed in full, this memorandum
focuses on rules related to standards of conduct, the Mayor, the agenda and public comment.
a. Standards of Conduct
In establishing the Simplified Rules, Council sought to provide for open, respectful, and
informed discussion and debate on matters of public policy while balancing the need for
efficiency required for Council to take action on public business. The Simplified Rules
Code of Ethics, Ex Parte Contacts and Simplified Rules of Order
Page 7
provide Council Members shall conduct themselves in a mature manner and shall respect
one another as well as members of the public. Council Members shall refrain from
profanity, rude behavior and personal attacks, and shall promptly apologize to both to the
Council and the recipient of any such behavior, even if such behavior was temporary.
It should be noted Council may not communicate via text or email during Council
meetings, and members of Council shall promptly disclose and announce sending or
receiving such communications.
b. The Mayor
The Mayor is tasked with presiding over presiding over every Council meeting. It is the
Mayor’s responsibility to moderate Council meetings impartially, and she must attempt to
provide other Council Members the opportunity to provide their opinion before expressing
her own. The Mayor should avoid making a motion or seconding unless it is clear such
motion or second is not forthcoming. The Mayor is also tasked with maintaining civility,
decorum and order through a Council meeting.
In the event the Mayor cannot attend a meeting or has a conflict of interest with respect to
a particular matter, the Mayor Pro Tem will fulfill her duties. In the event the Mayor Pro
Tem is unable to preside over a meeting for the meeting, Council shall appoint an Acting
Mayor.
c. Agenda
The content of each Council meeting shall be directed by the agenda for such meeting. The
Simplified rules provide the Mayor shall determine the conduct of the agenda in
consultation with the Town Manager. Council as a whole may, by vote, direct items be
included on a current or future agenda. An individual Council Member may contact the
Mayor to request inclusion of a matter on a future agenda, and it is in the Mayor’s
discretion, in consultation with the Town Manager, as to whether such matter requested by
an individual Council Member is placed on the agenda.
d. Public Comment
As Council is aware, public comment is encouraged at all Council meetings. The
Simplified Rules provide public comment shall be taken near the beginning of each
meeting. Members of the public shall have up to three minutes to provide comments to
Council, and members who have comments beyond three minutes are encouraged to
schedule time in advance to have a particular item of interest placed on a future agenda.
The Mayor may, but is not required to, allow public comment on any agenda item.
However, such comments should not impede the efficient conduct of Town business.
Code of Ethics, Ex Parte Contacts and Simplified Rules of Order
Page 8
V. Conclusion
The Ethics Code, ex parte contact and the Simplified Rules are all items Council should keep at
the forefront of their mind as they act in their capacity as Council Members throughout the year.
If any Council Member has concerns or questions with respect to these or any other issues they
should feel free to immediately contact the Town Attorney to determine the best course of action.
Exhibit A
CHAPTER 2.30 - Town Code of Ethics
Editor's note— Ord. No. 15-05 , § 2(Exh.A), adopted July 28, 2015, amended Ch. 2.30 in its entirety to
read as herein set out. Former Ch. 2.30, §§ 2.30.010-2.30.170, pertained to similar subject matter, and
derived from Ord. 12-01 §2.
2.30.010 - Citation.
This Chapter shall be known and may be cited as the "Avon Town Code of Ethics."
2.30.020 - Declaration of policy.
The proper operation of democratic government requires that public officers be independent, impartial and
responsible to the people; that government decisions and policy be made within the proper channels of the
governmental structure; that public office not be used for personal gain; and that the public have confidence
in the integrity of its government. In recognition of these goals, a code of ethics for all Town Officers is
adopted. The purpose of this code is to establish guidelines for ethical standards of conduct for all such
officers by setting forth those acts or actions that are incompatible with the best interest of the Town, and
by directing disclosure by such officers of private financial or other interests in matters affecting the Town.
2.30.030 - Finding of local concern.
The Town Council finds and determines that the matter of ethical municipal government is a matter of local
concern upon which home rule municipalities in Colorado are fully empowered to legislate and to supersede
conflicting state statutes.
2.30.040 - Effect of common law.
This Chapter shall supersede and override the common law as to the subject matter of this Chapter.
2.30.050 - Definitions.
As used in this Chapter, unless the context requires otherwise:
Business means any corporation, limited liability corporation, partnership, sole proprietorship, trust or
foundation, or other individual or organization carrying on a business operated for private profit.
Confidential information means all information, whether transmitted orally, electronically or in writing, which
is intended to be confidential and which does not constitute a public record under the Colorado Open
Records Act set forth in C.R.S. §24-72-200.1 et. seq. including but not limited to attorney-client confidential
and privileged communications and information received in an executive session.
Council or Town Council means the Town Council of the Town of Avon.
Council Member means any member of the Town Council.
Officer means any person holding a position by election or appointment in the service of the municipality,
whether paid or unpaid, including the members of the Town Council, any other Town board, committee or
commission, any employee and any independent contractor.
Official act or official action means any vote, decision, recommendation, approval, disapproval or other
action, including inaction, which involves the use of discretionary authority.
Substantial financial interest means an interest owned or held by an officer which is:
a. An ownership interest in a business;
b. A creditor interest in a business;
c. An ownership interest in real or personal property;
d. A loan or any other debtor interest;
e. A directorship or officership in a business.
An officer shall be presumed to have a substantial financial interest in any of the above-mentioned
interests owned, held or controlled by such officer's spouse or dependent children.
2.30.060 - Conflict of interest.
A Town Officer shall not:
(1) Disclose or use confidential information acquired in the course of such officer's duties:
(a) In order to further a business or other undertaking in which such officer has a
substantial financial interest; or,
(b) For any use which would be detrimental to the Town.
(2) Engage in a substantial financial transaction for his or her private business purposes with
a person whom such officer inspects or supervises in the course of his or her official duties.
(3) Perform an official act which directly and substantially affects to its economic benefit a
business or other undertaking in which such officer has a substantial financial interest.
(4) Perform an official act which directly and substantially affects a business or other
undertaking by whom the officer is employed, or by whom such officer is engaged as
counsel, consultant, representative or agent.
(5) Acquire or hold an interest in any business or undertaking which such officer has reason to
believe may be directly and substantially affected to its economic benefit by official action
to be taken by the agency over which he or she has substantive authority.
(6) Perform an official act directly and substantially affecting to its economic detriment any
business or other undertaking when such officer has a substantial financial interest in a
competing business or undertaking.
(7) Solicit or accept a present or future gift, favor, loan, service or thing of value from a person
under circumstances which would lead a reasonably prudent person to believe that such
gift, favor, service or thing of value was made or given primarily for the purpose of
influencing or attempting to influence such officer in connection with an official act, or as a
reward for official action he or she has previously taken. The provisions of this Paragraph
shall not apply to those circumstances described in Paragraph 2.30.070(3).
(8) Perform any official act under circumstances which give rise to appearance of impropriety
on the part of the officer.
(9) Make or accept any ex parte communication or contact concerning a matter which is to be
determined after a public hearing without making the contents of such communication or
contact a part of the record of such public hearing.
(10) Appear on behalf of any private person, business or entity, other than himself or herself, his
or her spouse, or minor children, before the Town Council, any Town Commission or the
Municipal Court; or,
(11) For members of Town Council, seek or obtain employment or compensation concerning
matters upon which he or she took an official act during his or her term of office for six (6)
months following expiration or termination of office, if such official act occurred less than
four (4) years prior to such employment or compensation, provided that this provision may
be waived by a majority of the disinterested Town Council Members.
2.30.070 - Exemptions.
The provisions of Section 2.30.060 shall not prohibit an officer from:
(1) Accepting or receiving a benefit as an indirect consequence of the performance of an official
act.
(2) Taking official action when such officer is similarly situated to other Town residents, such
as adopting general land use regulations, owning property within a special or local
improvement district, voting for taxes or bonds, adopting ordinances of general applicability
or otherwise acting upon matters involving the common public interest, except that this
exemption shall not apply to interests of Officers of the Avon Urban Renewal Authority in
any project or in any property included or planned to be included in any project and the
provisions of C.R.S. §31-25- 104(3) shall control.
(3) Soliciting or accepting gifts or loans which are:
a. Campaign contributions reported as required by law;
b. An occasional nonpecuniary gift, insignificant in value;
c. A nonpecuniary award publicly presented by a nonprofit organization in recognition of
public service;
d. Payment of or reimbursement for actual and necessary expenditures for travel and
subsistence or attendance at a convention or other meeting at which such officer is
scheduled to participate;
e. Reimbursement for or acceptance of an opportunity to participate in a social function
or meeting which is not extraordinary when viewed in light of the position held by such
officer;
f. Items of perishable or nonpermanent value, including, but not limited to, meals,
lodging, travel expenses or tickets to sporting, recreational, educational, or cultural
events;
g. Payment for speeches, debates, or other public events, reported as honorariums to
the Town Manager;
h. A loan at a rate of interest which is not substantially lower than the commercial rate
then currently prevalent for similar loans within the Town.
(4) Receiving such compensation for his or her services to the Town as may be fixed by
ordinance, pay plan, budget or other similar official action.
2.30.080 - Disclosure of conflict of interest in Town Council action.
Any member of the Town Council who believes he or she has a conflict of interest as defined in Section
2.30.060 on any matter proposed or pending before the Town Council shall disclose such potential interest
to the Town Council. Any member of the Council who believes that another member of the Council has a
conflict of interest shall bring the matter to the attention of the Council prior to Council consideration of the
issue involving the alleged conflict. The Council shall determine whether a conflict of interest exists. The
Council Member who has an alleged conflict of interest shall not vote on the determination of whether a
conflict of interest exists. If the Council determines that an actual conflict of interest exists, the Council
Member shall not attempt to influence other members of the Town Council in connection with such matter,
and, except as provided in Section 2.30.100, the Council Member shall not vote upon such matter. The
Council Member shall leave the room during Council's discussion and action on the subject, and shall return
only when the Council has taken up the next agenda item.
2.30.090 - Disclosure of conflict of interest in Planning Commission action.
Any member of the Planning Commission who believes he or she has a conflict of interest as defined in
Section 2.30.060 on any matter proposed or pending before the Planning Commission shall disclose such
potential interest to the Planning Commission. Any member of the Planning Commission who believes that
another member of the Planning Commission has a conflict of interest shall bring the matter to the attention
of the Planning Commission prior to Planning Commission consideration of the issue involving the alleged
conflict. The Planning Commission shall determine whether a conflict of interest exists. The Planning
Commission member who has an alleged conflict of interest shall not vote on the determination of whether
a conflict of interest exists. If the Planning Commission determines that an actual conflict of interest exists,
the member of the Planning Commission shall not attempt to influence other members of the Planning
Commission in connection with such matter, and, except as provided in Section 2.30.100, the member of
the Planning Commission shall not vote upon such matter. The member of the Planning Commission shall
leave the room during the Planning Commission's discussion and action on the subject, and shall return
only when the Planning Commission has taken up the next agenda item.
2.30.100 - When Council Member or member of the Planning Commission with conflict of interest may
vote.
Notwithstanding the provisions of Sections 2.30.080 and 2.30.090, a Council Member or member of the
Planning Commission may vote upon a matter as to which he or she has a conflict of interest if:
(1) His or her participation is necessary to obtain a quorum or to otherwise enable the Council
or Planning Commission to act, and
(2) He or she complies with the disclosure provisions of Section 2.30.110, and
(3) A majority of the Council Members or Planning Commission members present at a meeting
who do not have a conflict of interest find that the participation of such Council Member or
Planning Commission member will not be contrary to the public interest and vote to permit
such Council Member or Planning Commission member to vote despite the conflict of
interest.
2.30.110 - Voluntary Disclosure to Secretary of State.
A Town Officer may, prior to acting in a manner which may impinge on his or her fiduciary duty and the
public trust, disclose the nature of his or her private interest to the Colorado Secretary of State. Such Town
Officer shall make the disclosure in writing to the Colorado Secretary of State, listing the amount of his or
her financial interest, if any, the purpose and duration of his or her services rendered, if any, and the
compensation received for the services or such other information as is necessary to describe his or her
interest. If he or she then performs the official act involved, he or she shall state for the record the fact and
summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute
an affirmative defense to any civil or criminal action or any other sanction under this Town Code of Ethics
or any other local, state or other code of ethics or standards of conduct.
2.30.120 - Public contracts.
(a) The Town shall not enter into any contract with a Town Officer (including spouse or minor
children of the Town Officer) to provide any compensation from the Town for the provision of
goods or services and shall not approve any vendor permit or privilege to conduct commercial
business on Town property during such officer's term, appointment or employment with the
Town; provided that this restriction shall not apply to compensation provided to any Town Officer
for performance of official duties for the Town. This section shall not operate to restrict the Town
from entering into contracts or approving vendor permits and privileges to an organization which
employs a Town Officer if such Town Officer is not an owner or controlling officer of such
organization that receives such compensation, permits or privileges and such Town Officer
declares a conflict of interest in accordance with Section 2.30.060(3) and does not participate in
any Town decision related to such public contract. For the purposes of this section, ownership
in an organization shall include any ownership interest that is greater than one percent (1%).
(b) The provisions of Subsection (a) above shall not apply to:
(1) Investments or deposits in financial institutions which are in the business of loaning or
receiving money; or,
(2) With respect to which the Town Officer has voted therein in accordance with Section
2.30.100.
(3) Contracts with, or compensation provided to, members of advisory commissions,
committees and boards if the subject matter of such contract or compensation does not
relate to the subject matter or advisory role of the commission, committee or board.
(c) It shall be a violation of this Chapter for any Town Officer to enter into a contract with the Town
or receive compensation or receive vendor permits or privileges from the Town in violation of
this section.
(d) Any contract approved by the Town or vendor permit or privilege granted by the Town in violation
of this section shall be unenforceable against the Town.
(Ord. No. 18-09 §2; Ord. 15-05 §2(Exh.A))
2.30.130 - Limitation on subsequent employment.
A former Town Officer may not, within six (6) months following the termination of his or her office with the
Town, contract with or become employed by an employer who contracts with the Town involving matters
with which such officer was directly involved during such officer's term of office with the Town.
2.30.140 - Enforcement.
(a) The Town Council shall have the primary responsibility for the enforcement of this Chapter. It
shall have the power to investigate any complaint, to initiate any suit and to prosecute any
criminal or civil action on behalf of the Town wherein it believes such action is appropriate.
(b) The Town Council may direct the Town Attorney to investigate or prosecute any apparent
violation of this Chapter or the Council may employ or appoint any qualified attorney to
investigate or prosecute any violation or series of violations by one (1) or more persons of this
Chapter. In the event the alleged conflict of interest involves a Council Member (or multiple
Council Members), the Council Member(s) who has an alleged conflict of interest shall not vote
upon whether to investigate or prosecute the alleged conflict of interest.
(c) Any person who believes that a violation of any portion of this Chapter has occurred may file a
complaint with the Town Council, which shall promptly investigate such complaint and take such
action thereon as the Council shall deem to be appropriate.
(d) The district attorney of the district where the trust is violated may bring appropriate judicial
proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the
gen- eral fund of the Avon Town government. Judicial proceedings pursuant to this section shall
be in addition to any criminal action which may be brought against such Town Officer.
2.30.150 - Penalties and remedies.
(a) It is unlawful for any person to violate any provision of, or to fail to comply with any of the
requirements of this Chapter. Any person who violates any provisions of this Chapter shall be
punished in accordance with the provisions of Section 1.08.010 of this Code. Additionally, upon
conviction such person shall be liable to the Town for such damages as may have been suffered
or incurred as a result of such violation.
(b) Upon conviction for any violation of this Chapter such Officer shall immediately forfeit his or her
office or position. Nothing in this Chapter shall be construed to prohibit such public officer from
being reelected, reappointed or otherwise rehired to any position forfeited under the provisions
of this Chapter.
(c) Any court of competent jurisdiction called upon to enforce the provisions of this Chapter may,
with the consent of the Town Council, exempt from the provisions of this Chapter any conduct
of a Town Officer upon the finding that the enforcement of this Chapter with respect to such
officer's conduct would not be in the public interest.
2.30.160 - Distribution of code of ethics.
The Town Clerk shall cause a copy of the Avon Town Code of Ethics to be distributed to every officer of the
Town within thirty (30) days after enactment of the ordinance adopting this Chapter. Each Town Officer
elected, appointed, or engaged thereafter shall be furnished a copy before entering upon the duties of his
or her office.
2.30.170 - Gift reporting.
(a) In accordance with Section 7, Article XXIX of the Colorado Constitution, the requirements of
Article XXIX of the Colorado Constitution shall not apply to the Town of Avon. It is the intention
and purpose that this Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon
Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or
resolution adopted by the Town of Avon shall completely address all matters set forth in Article
XXIX of the Colorado Constitution.
(b) Any Town Officer who receives any present, or offer of future, individual gift, favor, loan, service
or thing of value in excess of fifty dollars ($50.00) and such gift is offered due to such person's
status as a Town Officer then such officer shall report such gift and the estimated value to the
Town Clerk. The Town Clerk shall promptly disclose gifts received, or offer of future gifts, to the
Town Council. The failure of a Town Officer to report a gift to the Town Clerk shall constitute a
violation of this Chapter.
(c) Council shall determine if gifts received or offered in the future constitute a conflict of interest in
accordance with this Chapter. Council Members who are the recipient or intended recipient of a
gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered
to Council as a whole or offered to Town generally.
(d) Gifts which are given by an individual who is a relative or personal friend of the recipient on
special occasions shall not be deemed a conflict of interest. Gifts which are given without the
purpose or intent to influence a Town Officer in connection with an official act or as a reward for
an official act performed and gifts which do not create the appearance of impropriety shall not
be a conflict of interest.
(e) Gifts which are received which are determined by Council to be a conflict of interest shall be
returned. The receipt of a gift or the failure to return a gift or reimburse the equivalent value when
Council determines such gift is a conflict of interest shall constitute a violation of this Chapter.
( Ord. 15-05 §2(Exh.A) )
Exhibit B
Avon Town Council Simplified Rules of Order
These Simplified Rules of Order establish rules and procedures for Avon Town Council meetings.
The intent is to set forth simplified rules which are readily accessible and usable by the Avon Town
Council Members and understandable by the general public. The provisions of the Home Rule
Charter, the Avon Municipal Code, or any ordinance adopted by the Avon Town Council shall
govern and apply in the event there is any conflict with these Simplified Rules of Order. Unless
otherwise indicated, any reference to “Mayor” shall also mean the “Mayor Pro- Tem” or “Acting
Mayor” in the absence of the Mayor, as set forth in the Avon Home Rule Charter.
I. Standards of Conduct for Avon Town Meetings: The Avon Town Council finds that the
foundation of municipal democracy rests on open, respectful and informed discussion and debate
balanced with the necessary efficiency required to take action in the public interest. Reasonable
persons will often disagree on many public matters which arise before elected and appointed
officials. The process of discussion and debate is essential to the ability of elected and appointed
officials to render the best decisions possible for the Avon community. The following standards
of conduct are considered the minimum standards for elected and appointed officials.
A. Elected and appointed officials shall conduct themselves in a mature manner that is
becoming of public officials, shall respect one another and shall respect members
of the public.
B. Elected and appointed officials shall refrain from profanity, rude behavior or
personal attacks and shall promptly apologize to both the board and the recipient of
any such behavior in the event of a temporary lapse of appropriate behavior.
C. The Mayor shall be responsible for maintaining civility, decorum and order
throughout the meeting.
D. Members of the Avon Town Council shall not communicate between or amongst
themselves by text message, e-mails or other forms of electronic communication
during a Council meeting.
E. Members of the Avon Town Council shall promptly disclose and announce the
sending or receipt by a Council Member of a text message, e-mail or other form of
electronic communication during a Town Council meeting, to or from any person,
for any such communication that concerns a matter on the Town Council agenda
for that meeting.
II. Mayor: Every meeting of the Avon Town Council shall be presided over by the Mayor. If
the Mayor is absent the Mayor Pro-Tem shall preside over the meeting. If the Mayor has a conflict
of interest on a matter then the Mayor Pro-Tem shall preside over the meeting for such matter. If
the Mayor and Mayor Pro-Tem are absent, or if they both have conflict of interest on a matter,
then a quorum of Council Members shall appoint an Acting Mayor by motion who shall then
preside over the meeting or shall preside over such matter for which the Mayor and Mayor Pro-
Tem have conflict of interest. The Mayor shall strive to moderate Council meetings with
impartiality, shall strive to allow input from all other Council Members on matters before
expressing his or her opinion, and shall refrain from making a motion or seconding a motion until
it is apparent that no other member of the Council will do so.
III. Agendas: The following rules and procedures shall apply to agendas:
A. The Mayor shall determine the agenda in consultation with the Town Manager. The
Town Council may direct items to be included on an agenda. Individual Council
Members may contact the Mayor to request inclusion of a matter on an agenda. The
Mayor shall consult with the Town Manager and exercise discretion to determine
if the matter should be included on the agenda as a discussion item or an action
item.
B. After roll call, the Council shall approve the agenda by motion by a majority of the
quorum present with any additions or deletions Council deems appropriate.
C. The Council may take action by motion at any time during a meeting to schedule
discussion or action items on a future agenda which shall be scheduled by Town
Staff.
D. Noticing for action items and public hearings shall be in accordance with applicable
law.
IV. Motions: All official Town Council actions are initiated by motion. These following rules
and procedures apply to motions. There are two basic motions: action motions and procedural
motions. Only one action motion may be on the floor at a time. A procedural motion may be
proposed, discussed and acted upon when an action motion is on the floor or at any other time.
A. Basic Motion: The basic motion to take action is stated as, “I move to . . . .” Every
motion requires a second. Once a motion is made no further discussion can continue
until a second is made to support the motion.
B. Discussion: All Council Members have the right to discuss the motion on the floor.
Discussion cannot be concluded unless (1) all Council Members present consent or
(2) a majority of Council Members present approve a procedural motion to “Call
the Question” and end debate.
C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion
at any time prior to the vote on the motion and may interrupt a speaker to withdraw
the motion and consent of the Council Member who seconded the motion is not
required. The motion is immediately withdrawn; however, the Mayor may then ask
the Council Member who seconded the withdrawn motion and any other Council
Member if such Council Member wishes to make the motion.
D. Amendment to Motion: Any Council Member may request an amendment to a
pending motion. The maker of the pending motion and Council Member who
seconded the motion must consent to the proposed amendment. Any Council
Member may also propose a substitute motion to a pending motion which also
requires consent of the maker of the pending motion and the Council Member who
seconded the pending motion.
E. Procedural Motion: A procedural motion may be made at any time and may
impose or modify any procedural rule provided that such procedure is not in conflict
with the Avon Home Rule Charter, any ordinance adopted by the Town, or any
applicable state law. Procedural motions require a majority vote of the quorum
present.
F. Motion to Call the Question or End the Discussion: A motion to “call the
question” (also known as a motion to end the discussion) is a procedural motion to
end debate and discussion. A motion to call the question cannot be made until each
Council Member has had at least one reasonable opportunity to ask questions and
express his or her opinion on the matter. Once a motion to call the question is made
and seconded, it shall be the Mayor’s discretion to allow any further discussion on
such procedural motion for the purpose of clarifying any technical, procedural or
legal issue related to the procedural motion. A motion to call the question requires
a majority vote of the quorum present. Once a motion to call the question is
approved, the pending action motion on the floor must be voted upon promptly or,
if no action motion is pending, the Mayor shall proceed to the next agenda item.
G. Motion to Continue: A motion to continue an agenda item must include a specific
future Council meeting date, time and place for the continued matter to be
considered again without re-noticing a required public hearing.
H. Motion to Table: A motion to table places the agenda item on hold and does not
require a specific time for the return of the agenda item.
I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any
rule in this Simplified Rule of Order. Such motion may be made and requires a
supermajority vote of a majority of the quorum present plus one for approval. A
motion to suspend rules may not supersede the procedural requirements of the Avon
Home Rule Charter, any ordinance adopted by the Town, or any applicable state
law.
J. A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider
a vote on a matter. A Motion to Reconsider may only be made and considered if
made and acted upon less than twenty-eight (28) days after the date of the Council
action to be reconsidered and may be made only by a member of Council who voted
in the majority on the motion which is proposed for reconsideration.
V. Meeting Conduct
A. Point of Privilege: A Council Member may interrupt the speaker to raise a matter
related to the comfort of the meeting, such as room temperature, distractions, or
ability to hear speaker.
B. Point of Order: A Council Member may raise a Point of Order at any time that the
Mayor permits meeting conduct which does not follow these Simplified Rules of
Order or otherwise fails to maintain civility and decorum by the Council and the
general public.
C. Appeal: A Council Member may move to appeal the ruling of the Mayor on any
procedural matter or other decision related to the conduct of the meeting. If the
motion is seconded and, after debate, it such motion passes by a simple majority
vote of the quorum present, then the ruling or conduct of the Mayor shall be
overruled and reversed.
D. Call for Orders of the Day: A Council Member may call for Orders of the Day
when such Council Member believes that Council discussion has strayed from the
agenda. No second or vote is required. If the Mayor does not return to the agenda,
then such ruling may be appealed.
E. Adjournment: The Mayor may announce the meeting adjourned when there are
no further items on the agenda which have not been addressed. The Council may
adjourn a meeting at any time by motion, second and approval by a majority of the
quorum present.
VI. 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 toprovide
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 may permit public comments during any agenda item
provided that such invitation does not hinder the ability of Council to conduct official Town
business in an efficient manner. For matters which may involve substantial public comment by
numerous members of the public, the Mayor or Council may propose limiting public comment to
no less than 3 minutes per individual, which limitation on public comment must be approved by a
majority of the quorum present.
VII. Public Hearing: The following general rules shall apply to the order and conduct of public
hearings. These rules may be modified or suspended by Motion to Suspend Rules.
A. The Mayor shall open the public hearing by announcing the topic of the agenda
item. The Mayor shall at all times during public hearings strive to maintain civility,
decorum and order.
B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain
the applicable procedures and laws, and provide any presentation by the Town.
C. The applicant, licensee or appellant shall have the opportunity to present
information, provide testimony, or respond to any comments or details in the
Town’s presentation.
D. The Council shall have the opportunity to ask technical questions of the appropriate
Town staff, Town officials and the applicant, licensee or appellant but Council
Members shall not express opinions on the matter prior to opening the public
hearing for public comment.
E. The Mayor shall officially open the public hearing for public comment and shall
allow for members of the public to provide comment to the Council. The Council
may approve a time limitation not less than 3 minutes for individual public
comment and may approve sign-up sheets or other public comment procedures to
promote order and efficiency by a majority vote of the quorum present provided
that individuals shall be permitted to yield his or her public comment time to
another speaker. After all public comments are received, or if the Council
determines that the volume of public comments requires additional time and moves
to continue the public hearing, the Mayor shall close the public comment portion
of the public hearing.
F. The Council may discuss the merits of the topic of the public hearing and take such
action as deemed appropriate after the public comment portion of the public hearing
is concluded. If the volume of public comments requires a continuation, if
additional information is required to consider the public hearing matter, or if the
Council determines that additional time is warranted to consider the matter of the
public hearing, the Council may continue the public hearing to a later date and may
re-open the public comment portion of the public hearing at any continued public
hearing.
VIII. Executive Sessions: Council may convene into executive session at any time by the
affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory citation
and purpose of the executive session in accordance with the Colorado Open Meetings Law,
CRS§24-6-402(4). The Council is not permitted to take official, final action on any matter in
executive session.
970.748.4013 idejong@avon.org
TO: Honorable Mayor Phillips and Council FROM: Ineke de Jong, General Government Manager
RE: Approval of 2023 Regular Meeting Schedule
DATE: December 26, 2022
SUMMARY: A draft of the Council regular meeting schedule is presented to Council for review, discussion and
action. Council traditionally approves the year’s meeting schedule early in each year to verify that the schedule
works for all Council members. Once the schedule has been approved by Council, the dates will be posted to the
Town’s website. Staff will follow-up with calendar invites for all regular Council meetings once Council adopts the
regular meeting schedule.
ACTION BEFORE COUNCIL: Please find attached the proposed regular meeting schedule for 2023, which reflects
the second and fourth Tuesdays of each month, unless otherwise noted. Meetings will begin at 5:00 p.m., unless
Council would like to discuss and provide direction on a different start time for meetings.
The Council meeting schedule includes the following special considerations for meeting dates:
1. July 11 – We propose to skip either July 11th because it is difficult for Staff to prepare packets during the
Salute to the USA week.
2. November 14th – The second Council meeting is scheduled for the 3rd Tuesday in November due to the
Thanksgiving Break the following week.
3. December 26th – No meeting due to the Christmas Break
4. Council Retreats – Staff proposes four retreats: one on Tuesday, February 21, 2023 for an evening retreat
on Council roles and relations and substantive, long-range topics; one half-day on Friday afternoon, June
2, 2023 to discuss long range visioning; and, two budget retreats, one full-day on Friday, September 29,
2023 and one half day on Friday afternoon October 27 to discuss the proposed 2024 budget.
5. La Zona – Three community “Open Houses” are scheduled for the La Zona project which meetings will be
officially noticed as a Joint PZC and Council meeting because we expect more than three PZC and Council
members will be present. These meetings are anticipated to be primarily short presentations by Staff and
consultants with informal opportunity for community members to provide input and ask questions.
Attendance at these meetings are encouraged by optional for Council members. These open house dates
are all in the evenings on Monday, February 13, 2023, Tuesday, March 21, 2023, and Tuesday, April 4,
2023.
TOWN MANAGER COMMENTS: Staff will accommodate Council on whatever schedule is most convenient for
Council. It is important that the schedule works for all seven Council members. I do find Council retreats or special
Council meeting work sessions limited to specific topics to be very valuable because they allow for each Council to
contribute in more depth on policy matters, allows Council members a better opportunity to hear the viewpoints of
their fellow Council members and allows a more relaxed time for discussion.
PROPOSED MOTION: “I move to approve the 2023 Avon Town Council Meeting Schedule as presented (with or
without modifications).”
ATTACHMENT A: Proposed 2023 Council Meeting Calendar
Council Meeting
Council Retreat
Holiday or School Break
Council Meeting
Council Retreat
Holiday or School Break
2023 Proposed Avon Town Council
Meeting Calendar
January February March
Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7 1 2 3 4 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18
22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25
29 30 31 26 27 28 26 27 28 29 30 31
April May June
Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
1 1 2 3 4 5 6 1 2 3
2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10
9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17
16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24
23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30
30
July August September
Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
1 1 2 3 4 5 1 2
2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9
9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16
16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23
23 24 25 26 27 28 29 28 29 29 30 31 24 25 26 27 28 29 30
30 31
October November December
Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7 1 2 3 4 1 2
8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9
15 16 17 18 19 20 21 13 13 14 15 16 17 18 10 11 12 13 14 15 16
22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23
29 30 31 26 27 28 29 30 24 25 26 27 28 29 30
31
Highlights:
2/27– 3/3: EC School District Mid Winter Break 10/9 – 10/13: EC School District Fall Break
4/24 – 4/28: EC School District Spring Break 11/20 – 11/24: EC School District Thanksgiving Break
6/2 – 8/15: EC School District Summer Break 12/21 – Jan 2024: EC School District Christmas Break
Joint meetings: 2/14 with Planning & Zoning Commission, 4/25 with CASE Committee,
7/25 with Finance Committee (3/21 and 4/4 are La Zona Meetings during regular PZC Meetings)
970.748.4013 idejong@avon.org
TO: Honorable Mayor Phillips and Council FROM: Ineke de Jong, General Government Manager
Eric Heil, Town Manager
RE: Appointment to Boards & Commissions
DATE: January 6, 2023
SUMMARY: This report presents to Council the list of Boards and Commissions for which Avon has a
representative seat. Every 2 years the Town Council revisits the appointments to various committees, boards and
authorities. Appointments are made by motion and vote. Current appointments are shown in Attachment A along
with a column for 2023 appointments.
COUNCIL APPOINTMENT PROCESS: Council is asked to review, discuss and approve the board, committee,
authority and other agency appointments. There are several existing appointments where the existing appointee
desires to continue. Council makes all appointments anew at this time. Typically, Council will discuss each
Agency separately on the list, determine who is interested and make appointments. If there are multiple Council
members interested in a specific appointment then Council can take a roll call vote on that appointment.
Otherwise, Council typically discusses through all the agencies and then makes one motion at the end to approve
all appointments. Staff will take notes and is available to recite Council direction on appointments prior to an
actual motion and vote for the purposes of record keeping.
TOWN MANAGER COMMENTS: Some Boards and Commissions require an elected official to be appointed,
others allow for a Staff person to be appointed. There are other topics which benefit from one or two Council
members serving as liaisons (e.g. housing, early childhood education, post office). The Council retreat in
February is intended to include a discussion of important and substantive topic areas and request Council
participation as a liaison for some of these efforts.
RECOMMENDATIONS: The following suggestions and recommendations are provided for Council
consideration:
Climate Action Collaborative Board: Continue Town Manager’s appointment as an Alternate because the
Town Manager has been serving a role to facilitate the organization of the CAC Board.
CAST: Appointment is only for the limited purpose of voting when CAST voting matters arise. The primary
function of CAST is for information sharing and networking with our peer mountain resort communities. All
members of Council are welcome to attend CAST meetings regardless of appointment.
CC4CA: Staff may be an efficient choice for participation in this organization because most of the meetings are
during the day and this group primary focuses on state and federal legislation.
CML Policy Committee: Town Attorney Karl Hanlon is an efficient choice because he is already tracking these
issues and is already an active participant on the CML Policy Committee on behalf of other communities.
Eagle County Home Buyer Assistance Committee: Senior Planner Jena Skinner is an efficient choice
because she actively taking the lead on organizing our current Community Housing deed restrictions and
coordinating Avon’s program with Eagle County’s housing programs.
Eaglebend, Kayak Crossing & Buffalo Ridge: Continue Town Manager’s appointment as the Primary
representative because these meetings are fairly technical on budget, financing, housing policies and general
property management.
970.748.4013 idejong@avon.org
I-70 Coalition: Continue the appointment of Public Works Director Eva Wilson as the Primary appointment and
Town Manager as Alternate. These meetings are very technical and focus on coordination with Colorado
Department of Transportation for management and improvement of the I-70 corridor.
Upper Eagle River Water Authority: Continue appointment of Town Manager as an Alternate or appoint Town
Manager as Primary due to the technical nature of the water rights and water supplies, pending projects (i.e. Bolts
Lake Reservoir and proposed unification), pending water conservation efforts, and advocacy of current legal
commitments to serve future water use in Avon.
PROPOSED MOTION: “I move to approve the appointment to Boards and Commissions as stated by Staff.”
ATTACHMENT A: Board, Committee, Authority and Other Agency Appointments.
Agency Description 2022 Council Assignments 2023 Council Assignments
2. 2023 Appointments to Boards and Commissions DRAFT Page 1
Climate Action
Collaborative
The Town is a member of the Climate Action
Collaborative and is one of about 30 local
businesses, organizations, nonprofits and
governments trying to address climate change by
meeting the goals established in the Climate
Action Plan for the Eagle County Community.
The Climate Action Collaborative’s goal is to
reduce carbon emissions 25% by 2025 and 80%
by 2050.
Every Other Month Meetings, 2nd Friday at
10am for 90 minutes.
Appointment: Primary must be
Elected, Alternate can be Staff
Primary Representative:
SARAH SMITH HYMES
Alternate:
ERIC HEIL
Primary:
______________________
Alternate:
______________________
Colorado
Association of
Ski Towns
(CAST)
CAST members use the power of the coalition to
seek support for legislation that will benefit and
sustain the mountain communities. We support
actions that keep our communities livable,
protect our pristine environment, and promote
community-based land use, mass transit,
affordable housing, and sustainable tourism. Our
goal is to foster growth that will ensure an
exceptional quality of life for citizens and a
positive experience for visitors.
Voting representative on ski town consortium
Quarterly Meeting
Appointment: Must be Elected,
appointment is only for purpose of
casting vote and is not related to
eligibility to attend CAST meetings
Primary Elected Representative:
SARAH SMITH HYMES
Alternate:
CHICO THUON
Primary:
______________________
Alternate:
______________________
Colorado
Communities for
Climate Action
(CC4CA)
CC4CA is a coalition of local governments
across the state that advocates for state and
federal policies to protect Colorado’s climate for
current and future generations. CC4CA is
governed by a steering committee of
representatives from member communities.
Unanimous consent among members is required
to set the coalition’s policy priorities.
Sporadic Meetings
Appointment: Elected or Staff
Primary Representative:
SARAH SMITH HYMES
Alternate:
CHICO THUON
Primary:
______________________
Alternate:
_______________________
Agency Description 2022 Council Assignments 2023 Council Assignments
2. 2023 Appointments to Boards and Commissions DRAFT Page 2
Colorado
Municipal
League Policy
Committee
The CML Policy Committee is a standing
committee that develops the League's legislative
program. The membership is composed of
representatives from each member municipality,
CML sections, and district presidents. Voting
representative on policy matters before the State
Legislature
Quarterly Meeting (Denver CML Offices)
Appointment: Elected, Town
Manager or Town Attorney
Primary Representative:
KARL HANLON
Primary:
_______________________
Culture, Arts &
Special Events
(CASE)
Committee
The Culture, Arts & Special Events (“CASE”)
Committee was adopted by Resolution 19-12 in
May 2019, to formalize and establish a
permanent citizen committee after two years of
an initial Ad Hoc Special Events Committee. The
CASE Committee is composed of seven voting
members and two Ex-Officio Non-Voting Council
members appointed by Town Council.
Monthly Meeting (Avon)
Start Time typically 12:30 PM for 90 Minutes
Two ex-officio non-voting
members:
AMY PHILLIPS
LINDSAY HARDY
Ex-Officio 1:
_______________________
Ex-Officio 2:
_______________________
Eagle County
Home Buyer
Assistance
Committee
("HBAC")
Tori Franks:
Eagle County
Eagle County
Housing &
Development
Department
The Eagle County Homebuyers Assistance
Committee (HBAC) is a volunteer committee,
who represents public and private entities
throughout the valley. This is an advisory
committee, to the Board of County
Commissioners who, working closely with the
Eagle County Housing Department, recommends
policies regarding the Eagle County Home
Buyers Assistance Programs and First Time
Home Buyers Education Classes.
Quarterly Meetings
Appointment: Elected or Staff
Committee Member:
CHICO THUON
Primary:
_______________________
Eagle County
Regional
A nine-member board of elected officials from
the incorporated towns was established to
develop operating policy. This board has since
Appointment: Elected
Primary Representative:
Council took action to
appoint Amy Phillips as
Primary and RJ Andrade as
Agency Description 2022 Council Assignments 2023 Council Assignments
2. 2023 Appointments to Boards and Commissions DRAFT Page 3
Transportation
Authority
& Eagle County
Regional Trails
(ECO)
Eagle Valley
Transportation
Authority
been reduced to eight members who represent
the towns of Red Cliff, Minturn, Vail, Avon,
Eagle, Gypsum, Eagle County Government and
Beaver Creek. The half-cent county sales tax is
dedicated to funding regional transportation. One
tenth of this tax goes toward funding the regional
trails system. Town's voting representative on
Eagle County's Transit & Trails Advisory Board.
Monthly Meetings at 12:30 on 2nd Wednesday,
90-120 minutes
AMY PHILLIPS
Alternate:
RJ ANDRADE
Alternate at the December
13, 2023 meeting
Eaglebend,
Kayak Crossing
& Buffalo Ridge
Housing
Corporations
The management of the Corporation is
accomplished through a Board of Directors (the
"Board") which oversees administration,
operations and maintenance of the Project. The
board consists of 5 directors. The property is
being managed by Polar Star Properties under
an agreement with the Corporation. The present
members of the Board are Gerald E. Flynn,
Jeffery M. Spanel, Craig Ferraro, Megan Burch
and Tamra Underwood (she holds a citizen seat,
not Avon’s appointed seat).
Quarterly Meetings (half day)
Appointment: Elected or
Appointed
Town Council also must approve
other board member appointments
when a vacancy occurs.
Board Member:
ERIC HEIL
Alternate Board Member:
RJ ANDRADE
Primary:
_______________________
Alternate:
_______________________
Finance
Committee
The Finance Committee is a temporary, non-
permanent advisory board and shall
automatically expire on January 31, 2022 unless
terminated earlier by Council resolution or unless
the expiration date is extended by Council by
resolution. The committee is composed of five
voting members and two Ex-Officio Non-Voting
Council members appointed by Town Council.
Quarterly Meeting (Avon)
Start Time typically 5:00 PM for 90 Minutes
Two ex-officio non-voting
members:
SCOTT PRINCE
SARAH SMITH HYMES
Ex-Officio 1:
_______________________
Ex-Officio 2:
_______________________
Agency Description 2022 Council Assignments 2023 Council Assignments
2. 2023 Appointments to Boards and Commissions DRAFT Page 4
Health &
Recreation
Committee
The Health & Rec Committee is a temporary,
non-permanent advisory board and shall
automatically expire on January 31, 2022 unless
terminated earlier by Council resolution or unless
the expiration date is extended by Council by
resolution. The committee is composed of four
voting members and two rotating Ex-Officio Non-
Voting Council members appointed by Town
Council.
Bi-Monthly Meeting (Avon)
Start Time typically 10:00 AM for 90 Minutes
Two ex-officio non-voting
members (alternate):
SCOTT PRINCE / SARAH SMITH
HYMES
LINDSAY HARDY
Ex-Officio 1:
_______________________
Ex-Officio 2:
_______________________
I-70 Coalition Voting representative from towns & counties
along the I-70
corridor working to reduce I-70 vehicular
congestion and
improve safety. Also continues to evaluate
proposed magnetic train(Guideway System)
Monthly Meeting
Appointment: Elected or Town
Manager
Appointment:
EVA WILSON
Alternate:
ERIC HEIL
Primary:
_______________________
Alternate:
_______________________
Northwest
Colorado
Council of
Governments
(NWCCOG)
The Town is a member of the NWCCOG, a
voluntary association of county and municipal
governments in a 5-county region in northwest
Colorado. The NWCCOG Council, made up of
representatives from each member jurisdiction,
directs the activities of NWCCOG. The
NWCCOG staff is responsible for carrying out
the Council’s direction. The purpose of the
NWCCOG is to be responsive to members’
needs and interests by providing guidance and
assistance in problem solving, information
sharing and partnership building, advocating
members’ interests and needs with local, state
and federal entities, and providing quality
Appointment: Elected or staff
Board Member:
TAMRA UNDERWOOD
Alternate Board Member:
SARAH SMITH HYMES
Primary:
_______________________
Alternate:
_______________________
Agency Description 2022 Council Assignments 2023 Council Assignments
2. 2023 Appointments to Boards and Commissions DRAFT Page 5
services to our membership that are relevant,
effective, and efficient.
Meetings are every other month (half day);
virtual option
Public Access
TV: High Five
Access Media
Voting representative on the Board of the
nonprofit organization that manages
noncommercial public, educational and
governmental programming; receives Town's
PEG fees from COMCAST.
Quarterly Meeting (Avon)
Appointment: Elected
Board Member:
AMY PHILLIPS
Alternate Board Member:
TAMRA UNDERWOOD
Primary:
_______________________
Alternate:
_______________________
Traer Creek
Liaisons
Regular monthly meetings to review and discuss
matters related to the Village (at Avon), Traer
Creek LLC, and Traer Creek Metropolitan
District. Town Manager and other Staff typically
join. This is an informal appointment (i.e. not an
official Board or Commission and no voting
authority).
Monthly meeting, third Tuesday, 8:30 am to
10am.
Appointment: Elected or
Appointed
Primary Council Member:
SARAH SMITH HYMES
Alternate:
LINDSAY HARDY
Primary:
_______________________
Alternate:
_______________________
Upper Eagle
Regional Water
Authority
(UERWA)
Town's voting representative on the six-member
board; responsible for all elements of delivering
potable water to the Town and managing water
rights
Monthly Meetings – 3rd Thursday, 8:30 AM for
full morning
Appointment: Elected, Staff or
other
Primary Representative:
SARAH SMITH HYMES
Alternate:
AMY PHILLIPS
2nd Alternate:
ERIC HEIL
Primary:
_______________________
Alternate:
_______________________
VVP: 1. EGE Air
Alliance
The EGE Air Alliance is a 501-c6 non-profit
public-private partnership that provides the
funding to make the Eagle County Regional
Airport (EGE) a vital part of the Eagle County
Appointment: Elected or Town
Manager
Board Member:
Primary:
_______________________
Agency Description 2022 Council Assignments 2023 Council Assignments
2. 2023 Appointments to Boards and Commissions DRAFT Page 6
economy with a vibrant flight service program.
Formed in 2002, the EGE Air Alliance
partnership includes government entities and
private business stakeholders in local towns
within Eagle County. Serves as representative to
discuss regional airport topics of concern.
Quarterly Meetings
AMY PHILLIPS
Alternate:
ERIC HEIL
Alternate:
_______________________
VVP: 2.
Economic
Development
Leadership
Council serves
under the
umbrella of the
Vail Valley
Partnership
Vail Valley
Economic
Development
Advisory
Council
Economic Development Leadership Council:
Serves as representative on the advisory board
to the VVP governing board; assists with regional
& local collaboration, research, and follow
through on economic development initiatives.
Vail Valley Economic Development Advisory
Council: The Advisory Council is a resource and
sounding board for the Partnership. The Advisory
Council will provide advisement on issues at
hand to ensure that local economic development
activities undertaken by VVED are relevant to the
needs of the business community and remain
aligned to the core mission.
Quarterly Meetings
Primary Representative: Elected or
Appointed
Primary Council Member:
SCOTT PRINCE
Alternate:
RJ ANDRADE
Primary:
_______________________
Alternate:
_______________________
970-748-4023 jskinner@avon.org
Page 1 of 7
TO: Town Council
FROM: Jena Skinner, AICP, Senior Planner
RE: PUBLIC HEARING: Ordinance 23-01
File CTA-22004 Landscaping Regulations Code Text Amendments
DATE: January 10, 2022
SUMMARY: The Town’s Landscaping Standards, contained within Avon Municipal Code (“AMC”) Section
7.28.050, are currently being analyzed for water efficiency and wildfire considerations. This is the third
public hearing, intended to collect feedback, answer additional questions, and affirm direction from the
Planning and Zoning Commission (“PZC”) to the Town Council regarding the implementation of these
updates. This review coincides with an ongoing review of all water management systems within the Town,
including an assessment of the Town’s water rights, current irrigation practices, and rectifying the Town’s
water supply and use information with Eagle River Water and Sanitation (“ERWSD”).
Several changes (“Exhibit A”) are being contemplated to the AMC, including Water Budgeting
considerations (“Exhibit B”), implementation of further water efficiency and irrigation best practices, and
finally, various “clean up” amendments related to the management of landscaping elements. The revised
code will work together in conjunction with a more fluid Landscaping Design Guide that will have examples,
a recommended plant list, pictures, and other helpful information for the public. This document will be
updated administratively. We have applied for a grant to assist in the creation of the Landscape Design
Guide, which will be awarded Spring of 2023.
GOALS OF AMENDMENTS: Here is a summary of proposed goals for updated Landscaping Standards:
Phase 1 – Code Text Amendment
• Implement Water Budgeting practices for new Landscape Designs. This amendment
proposes the greatest degree of learning and education for both Staff and the public.
• Incorporate best practices above those currently being implemented. E.g., Wildland
Urban Interface considerations. With a decrease of water available in general, it will be
more important to consider both what and WHERE to plant materials, especially in more arid
areas of Town. New considerations are proposed.
Phase 2 – Ancillary Documents
• Create Landscape Design Guide, with pictures [TBD] (See example “Attachment C”).
• Produce “Mountainscape” designs that include conservative water use examples and
fire mitigation [TBD]. We anticipate this will be accomplished as a list to be incorporated as
part of the comprehensive Landscaping Guide that demonstrates “how” to create appropriate
hydrozone planting areas and educates the public in what species are most appropriate for
the area (see attached example).
• Incentivize landowners to convert current water-intensive landscapes [TBD] We are
considering creating a webpage with cross-links for rebates from ERWSD, etc.
BACKGROUND: The existing Landscaping Standards were developed in 2010 during the unified land use
code adoption process. The standards originated from common draft code language that was provided by
the Town’s then code consultant. The Landscaping Standards have yielded mixed results through the
970-748-4023 jskinner@avon.org
Page 2 of 7
development review process and are general in nature without communicating effectively what aesthetic the
Town desires– only including water-wise considerations. In 2017 the Landscaping Standards were updated
to cap permanently irrigated area (5,000 sq. ft.) for new development regardless of property size.
Additionally, the 2017 updates stipulated that separate irrigation plans be made part of the review process
to ensure proper design and accountability with new construction.
The landscaping section has fallen out of date in reflecting the community concerns of minimizing water
use. Recently, the Town of Avon and ERWSD have been coordinating on efforts to more effectively
manage water use and water rights, with our most recent meeting November 29th, 2022. These landscaping
code modifications offer new tools in managing water from a design perspective (more directly, landscaping
plans). We have learned they generally parallel the direction that ERWSD is headed as well, as well as
Traer Creek (staff met with the Village at Avon Design Review Board on November 28th, 2022). Please see
the attached memo from the ERWSD (“Attachment C”).
Staff will be able to assess water use will be through the adoption of a Water Budget Calculator or a formula
for calculating water use. The intent for the proposed formula is to become Appendix 7-B of the Avon
Municipal Code (“Exhibit B”). Currently, the City of Aspen uses a Water Budget Calculator that currently
employs a 7.5 gallons per sf. per season allocation limit, and landscape plans that exceed that allocation in
their established Water Budget Calculator are generally not approved. The scenarios included in the
proposed appendix assume that the 7.5-gallon allocation is also the threshold for approval as well. The
examples clarify the intent of this calculator to applicants.
In order to determine the Water Needed to Support Landscaping, all areas within any landscaping plans
(hydrozones) are assigned one of the following Hydrozone Water Use Categories: No Water, Very Low,
Low, Medium, High, Cool Season / Turf Grass, and Water Feature. Each Hydrozone Category represents
the estimated water allocation needed to support its flora (See Table 1:1 – Appendix 7B). Very Low, Low,
Medium, and High Hydrozone categories also contain the potential to be Drip Irrigated or Spray Irrigated
(Drip being less water-intensive than Spray). While hydrozones are currently found within the code, this
proposed update using a Water Budget Calculator in conjunction to Hydrozones will more effectively bring
awareness to water use and supports Staff’s intention in conserving water, by placing an actual limitation on
water use for all hydrozones on a property.
The proposed landscaping application was examined by PZC on November 15th, December 6th, and finally,
December 20th of 2022. The PZC was instrumental in evaluating the code and its practical and technical
attributes, through a “process” and “citizen” lens to ensure that this code will be easily understood and
accomplishes the sought-after goals as listed on page 1 of this report. Through the process, the removal of
the plant list as an appendix of the AMC, coupled with the shifted focus towards a landscaping guide as a
living document that visually shows the public how to be more water and wildfire conscious, was accepted
as the best way to convey to the public of a practical means to implement the proposed code text
amendment.
PROCESS: Code Text Amendments can only be initiated by property owners and the Town Council. Town
Council approved Staff’s request to engage with the PZC with this amendment. After this initiation, Staff
provided the necessary public notification before this hearing with the PZC. PZC shall then provide a
recommendation to Town Council. Town Council shall then engage in two readings of an Ordinance
capturing the Code Text Amendments necessary before final action and implementation.
970-748-4023 jskinner@avon.org
Page 3 of 7
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on November 4, 2022. No
comments from the general public have been received. At the November 15th, 2022 PZC hearing, the
application was continued to December 6th, 2022 (date certain), and to December 20th, 2022.
REFERRALS: These amendments were posted to our website and referred to ERWSD as well as the
Eagle County Conservation District. Staff has also met with the ERWSD and their comments are attached.
As we move through our own internal planning for converting certain areas of Town property from sod to
water conscious landscaping, we will continue to work with ERWSD to ensure we are in alighment with each
entity’s intentions.
DISCUSSION: It was common to see other communities in Colorado implement more restrictive and water-
conscious landscaping requirements in 2022. While certain jurisdictions like Castle Rock now significantly
limit turf areas in addition to water-conservation efforts, Staff feels it is not necessary to impose such
extreme restrictions based on the existing development in Avon. Additionally, we may be experiencing a
different threat than the severe lack of water that the Front Range may be experiencing. That being said,
our long-term sustainability will become increasingly more precarious without considering ways to be more
conservative now. This mindset is the reasoning behind incorporating a water budget and modifying
accompanying landscaping controls. The proposed amendment does not retroactively force residents to
alter their properties dramatically. Through this code amendment, we will be able to capture new
development and help encourage existing development to voluntarily retrofit their landscaping through
educational means in providing a recommended plant list customized for Avon, and in providing examples in
the proposed Landscaping Design Guide slated for spring of 2023.
Staff feels that these changes do not propose additional costs overall with actual landscaping material
considerations proposed. The Eagle River Water and Sanitation District also offers financial incentives for
improving irrigation systems and removing turf-grass to the public as well. As far as vegetation goes, no
matter if it is a low-water or high-water plant, these costs remain the same to consumers Water savings will
be the biggest outcome for new and existing developers, residents, and business owners, and collectively
for the community in general; however, there may be some additional costs to create new landscaping plans
as they will contain a higher-degree of detail- especially in designing new irrigation systems.
With a reduction in watering, wildfire mitigation efforts must increase. Although it is a small section of Title
7, language that bolsters wildfire mitigation- specifically in the Wildland Urban Interface (“WUI”) is also part
of this update. Based on the “Fire-free 5” campaign that the Town of Vail and other jurisdictions have
incorporated into their code, these new restrictions will help keep highly flammable vegetation from being
planted immediately adjacent to residences. Other complimentary wildfire mitigation efforts by Avon and
associated emergency service agencies will further reduce fuels surrounding Wildridge throughout 2023/24.
STAFF ANALYSIS & REPORT
PZC PUBLIC HEARING RECOMMENDATION December 20
TOWN COUNCIL ORDINANCE & PUBLIC HEARING
First Reading January 10
TOWN COUNCIL INITIATION
TOWN COUNCIL ORDINANCE & PUBLIC HEARING
Second Reading TBD
970-748-4023 jskinner@avon.org
Page 4 of 7
REVIEW CRITERIA: The Town Council must consider a set of review criteria when reviewing code
changes. The review criteria for Code Text Amendments are governed by Avon Municipal Code (“AMC”)
§7.16.040, Code Text Amendments. Staff responses to each review criteria are provided below.
(1) The text amendment promotes the health, safety and general welfare of the Avon
community;
Staff Response: This update seeks to bring awareness to water use and consumption through the
landscaping section of the Code. It introduces water budgeting as a means to calculate more
precisely, the anticipated water use will be for a development. It also offers other design ideas for
“how” to landscape. For instance, use of boulders instead of live plant materials, and the removal of
minimum landscaping areas. It is obvious that water is a valuable and essential need for a
community, and the Town Code must reflect responsible water use, essential for the Town's
sustainability and the health, safety, and general welfare of the Avon Community. Additionally, it is
important to also consider additional implementing regulatory wildfire mitigation standards. Aside from
the threat of reduced water levels, wildfire is the largest threat for Avon. Adding new minimums for
distancing vegetation from structures will be required for new development and in reducing this threat,
thus increasing safety and the improving the general welfare of Avon.
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
Staff Response: These amendments attempt to balance the "typical" development and design environment
with increased thoughtfulness toward water use through the potential of design elements related to the
elevations and native plants historically found in Avon. These code modifications should result in more water-
wise projects and landscapes accustomed to our environment. Environmental goals of the Plan encourage
citizens to “…Minimize and mitigate potential development impacts to wildlife and watersheds...” and
“Promote water conservation through public education, supply management, and demand
management techniques.” Through the revised standards, efforts to help sustain our watershed and to
conserve water will be achieved.
For some commercial projects, alleviating some of the more restrictive requirements will be a relief for
having to plant obligatory minimum quantities of live vegetation resulting in greenspaces that are not
beneficial to the overall development design. Staff hopes applicants may create more unique spaces
like those currently found along the pedestrian mall instead of more traditional landscaped areas;
public spaces and amenities are supported in the Comprehensive Plan.
The Community Housing Plan seeks to achieve the Town's goals with "…both incentives and
regulations to create a policy environment that is favorable for local housing." Offering potential
community housing projects some design flexibility while maintaining the Development Code's
underlying goals is an intention supported by the Comprehensive Plan. Decreasing the need for water
use will also affect the overall cost of maintaining public spaces and reduce the monthly overhead on
affordable projects- especially in dry years.
Updating land use regulations with new development tools is also supported by the Avon
Comprehensive Plan Policy C.1.1, which recommends to: Regularly update and enhance the Avon
land use regulations and District Master Plans for innovative design approaches and positive
development outcomes. This code amendment could go much further in its design; however, this
970-748-4023 jskinner@avon.org
Page 5 of 7
amendment is an excellent start to being more conservative with water use and still achieve quality of
place through landscaping.
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
Staff Response: Section 7.04.030 Purposes of the Development Code lists several pertinent goals
and purposes for the Avon community that support Staff’s efforts to enhance the Avon Municipal
Code. These goals can be applied to new or modification of existing landscaping. The most relevant
goals that may be applied include the following:
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(d) Avoid [or alleviate] undue traffic congestion and degradation of the level of service provided by
streets and roadways, promote effective and economical mass transportation and enhance
effective, attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation
of viability, all to conserve the value of the investments of the people of the Avon
community and encourage a high quality of life and the most appropriate use of land
throughout the municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and
facilities which exceed capacity or degrade the level of service for existing residents;
provide for phased development of government services and facilities which maximizes
efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and
high-quality provision of all public services and public facilities, including but not limited to
water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities;
(l) Promote architectural design which is compatible, functional, practical and
complimentary to Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve
efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption
of non-renewable natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs
in the Town, provides a range of housing types and price points to serve a complete range of
life stages and promotes a balanced, diverse and stable full time residential community
which is balanced with the visitor economy;
Staff Response: When trying to encourage new development and redevelopment, Avon needs the
appropriate tools to make projects the best for the community. Conserving water or being water-
conscious is the responsible course of action for Avon, in order to contribute to our sustainability
efforts and stewards of our community for this valuable resource.
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
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Page 6 of 7
Staff Response: The text amendments directly respond to the concern regarding water conservation
while being more precise in accounting for our long-term water needs. Avon is accountable for
responding to modern community needs with changing environmental conditions. Avon must also be
adaptive with considerations to climate change.
GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1),
General Criteria, which provides criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority
to administratively approve a development application. The reviewing authority shall be the
PZC and/or Town Council for all development applications which are subject to public
hearing. The reviewing authority shall review development applications for compliance with
all relevant standards and criteria as set forth in the specific procedures for the particular
application in this Development Code, as well as the following general criteria which shall
apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant
review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is
mitigated by the development application.
Staff Response: This code text amendment application is complete. Staff believes sufficient
information exists to allow Council to review this application with the review criteria. Further, this
code text amendment application complies with the Avon Comprehensive Plan. This code text
amendment application will not impact demands for public services or infrastructure because it is
not a development application; instead, it simply offers provisions that support the existing
development code while enhancing Avon’s tools in helping improve and incentivize water
conservation and wildfire mitigation. If the changes are approved, Staff plans to create helpful
design documents to support the more restrictive code while inspiring constituents to create low-
water spaces or to convert traditional, high-water landscaping areas into water-conscious
hydrozones using more indigenous or native landscaping materials.
OPTIONS: The following represents options for next steps regarding Ordinance 23-01:
1. No action
2. Approve the first reading of Ordinance No. 23-01 as drafted
3. Approve the first reading of Ordinance No. 23-01 with modifications, and schedule second reading
for February 14th, 2023
4. Continue first reading to February 14th, 2023
970-748-4023 jskinner@avon.org
Page 7 of 7
TOWN MANAGER RECOMMENDATION: This ordinance represents a very good initial draft. There are
two additional aspects that should be included in this ordinance in order to fully implement Avon’s water
conservation goals:
(1) Definition of maximum outdoor water usage for irrigation based on the Town of Avon’s underlying
water rights. Staff is actively working with our water attorneys and water engineers to review the
Avon’s underlying water rights and assumptions of outdoor irrigation. This regulatory requirement
would reside in Title 13 – Public Services which sets forth Avon’s water regulations.
(2) Establishing an amortization period for all existing Town of Avon properties to come into compliance
with these landscaping regulations. A ten (10) year amortization period is suggested.
Implementation, education, incentives and verification of compliance are all contemplated to be part
of a program to achieve town-wide compliance with these landscape regulations in 10 years.
Town Manager recommends that first reading be continued until January 24, 2023 to allow for additional
revisions to present these two aspects of water management and water conservation.
RECOMMENDED MOTION: “I move to continue first reading of Ordinance 23-01 Amending Title 7 and 15
of the Avon Municipal Code to Update the Landscaping Regulations to Further Reduce Exterior Water Use
to the January 24, 2023 Council meeting”
Thank you, Jena
ATTACHMENT A: Ordinance 23-01
Exhibit A: Landscape Standards Strikethrough
Exhibit B: Appendix 7-B Water Efficient Landscape Budget Calculator Worksheet
ATTACHMENT B: Correspondence from ERWSD and ERWC
ATTACHMENT C: Landscape Design Guide Example
ATTACHMENT A
ORDINANCE 23-01
Ord 23-01 Code Text Amendment: Landscaping Standards
Page 1 of 4
ORDINANCE 23-01
AMENDING TITLE 7 AND 15 OF THE AVON MUNICIPAL CODE TO UPDATE THE
LANDSCAPING REGULATIONS TO FURTHER REDUCE EXTERIOR WATER USE
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers,
authority, and privileges to which it is entitled under Colorado law; and
WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has
submitted a Code Text Amendment (“CTA”) application to modify applicable Landscaping
requirements and standards of Title 7; and
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on November 15th, December 6th, and
finally, December 20th of 2022, prior to formulating a recommendation to the Town Council
considered all comments, testimony, evidence, and Town Staff reports, and then took action to
adopt Findings of Fact and made a recommendation to the Town Council to approve the
Application; and
WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority
granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision-
making authority to approve, approve with conditions or deny the Application; and
WHEREAS, after publishing and posting notice in accordance with the requirements of AMC
Section 7.16.020(d), Step 4: Notice, Council held a public hearing on January 10, 2023, and prior
to taking final action considering all comments, testimony, evidence, and Town Staff reports;
and then took action by approving this Ordinance; and
WHEREAS, pursuant to AMC §7.16.040, Code Text Amendments, the Town Council has
considered the applicable review criteria for a Code Text Amendment application; and
WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent
with the Comprehensive Plan community goals by affecting Avon’s various Landscaping
Standards in reducing exterior water use, increasing wildfire mitigation, and in adding general
best practices for landscaping practices specific to Avon; and
WHEREAS, the text amendments also promote the health, safety, and general welfare of the
Avon community by focusing on exterior water conservation while also increasing efforts to
protect homes from the potential threat of wildfires; and
Ord 23-01 Code Text Amendment: Landscaping Standards
Page 2 of 4
WHEREAS, this amendment will work together in conjunction with a more fluid Landscaping
Design Guide that will have examples of plantings, a recommended plant list, pictures of
recommended planting styles, and other helpful information for the public. This document will
be updated administratively, incorporated for use in Avon under separate action by Town
Council; and
WHEREAS, a new Water Efficient Landscape Worksheet for calculating irrigated water use is
to be added as Appendix 7-B to Title 7; and
WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be
enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town
Council desires to comply with the requirements of the Avon Home Rule Charter by setting a
Public Hearing to provide the public an opportunity to present testimony and evidence regarding
the Application, and, that approval of this Ordinance on First Reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing
on second reading.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Code Text Amendments. AMC §7.28.050, AMC §7.28.060, AMC §7.28.070,
AMC §7.28.080, AMC §7.28.100, AMC §15.08.070, and AMC §15.10.080, are hereby
amended as depicted in “Exhibit A – Code Text Amendments” with strike-out depicting
language to be deleted and underline depicting language to be added.
Section 3. Addition of Title 7 Appendix. The Water Efficient Landscaping Worksheet is
hereby incorporated into the Avon Municipal Code as Appendix 7-B.
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 has passed this Ordinance
and each provision thereof, even though any one of the provisions might be declared
unconstitutional or invalid. As used in this Section, the term “provision” means and includes
any part, division, subdivision, section, subsection, sentence, clause or phrase; the term
“application” means and includes an application of an ordinance or any part thereof, whether
considered or construed alone or together with another ordinance or ordinances, or part thereof,
of the Town.
Ord 23-01 Code Text Amendment: Landscaping Standards
Page 3 of 4
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed
to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right
or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper
actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or
right, and for the purpose of sustaining any judgment, decree or order which can or may be
rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing,
inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and
held as remaining in force for the purpose of sustaining any and all proceedings, actions,
hearings, and appeals pending before any court or administrative tribunal.
Section 8. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 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 by the Avon Town Council on HEARING by the Avon Town Council on
[ ], 2022 and setting such public hearing for [ ], 2022at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
BY: ATTEST:
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
Ord 23-01 Code Text Amendment: Landscaping Standards
Page 4 of 4
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
[ ], 2023.
BY: ATTEST:
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
Karl Hanlon, Town Attorney
EXHIBIT A
PROPOSED CODE
AMENDMENT
CTA22004 Exhibit A Page 1
7.28.050 - Landscaping.
(a) Purpose. The purpose of the landscaping standards is to ensure that landscaping in the Town:
(1) Integrates building sites with natural topography and existing vegetation;
(2) Minimizes disturbed areas;
(3) Conserves limited water resources by prescribing acceptable water irrigation design budgets;
(4) Reduces water use and off-site impacts which can affect the Eagle River;
(5) Reduces the amount of reflected glare and heat absorbed in and around developments;
(6) Breaks up large expanses of parking lots; and
(7) Preserves residential neighborhoods by lessening the impacts of potentially incompatible
uses.
(b) Applicability. This landscaping Section shall apply to all new development and redevelopment
as provided in Subsection 7.28.010(b). Applicability. Applicability of the provisions of this Section
shall be as indicated in Table 7.28-6 below.
(1) Landscape plans for multi-family and commercial properties shall be stamped by a licensed
landscape architect. Inspection and compliance with approved landscape plan must be
obtained prior to issuance of a certificate of occupancy.
(2) Modifications, expansions, or the addition of new irrigated area(s) being added to a property
with an existing irrigation system, may require a combined assessment of the total irrigated
area and water use as part of the development permit review.
(c) Required Landscaped Area. Maximum irrigated area for each zoning district shall be as indicated
in Table 7.28-6, below.
______________________________________
Table 7.28-6
Minimum Landscaped Area and Maximum Irrigated Area by Zoning District
Zoning Districts Minimum Landscaped Area
(% of Gross Lot Size)
Maximum Irrigated Area (% of
Landscaped area)
NC, MC, TC, IC 20 20% of area up to 5,000 square feet
RSF, RL, RM, RH 25 20% of area up to 5,000 square feet
P, PF, OLD 0 n/a
CTA22004 Exhibit A Page 2
(d) Landscape Design Irrigation Budget.
(1) All irrigated landscaped areas must be included in the calculation. The total irrigation water
cannot exceed a maximum applied landscape design irrigation budget of 7.5
gallons/season/square foot of irrigated landscape area (12 inches/season). At the discretion of
the Director of Community Development, an increase in the landscape design irrigation budget
to 8 gallons/season /square foot (12.8 inches season) may be permitted if implementing one or
more of the following landscaping design elements to incentivize health landscapes:
(i) Non irrigated protected native vegetation.
(ii) Ecological restoration areas.
(iii) Non-irrigated permeable areas.
(iv) Stormwater conveyance infrastructure.
(e) Plant Material and Water Need
(1) Aside from the use of invasive and/or noxious plant species, any plant can be utilized in a
landscape plan. The Landscape Design Irrigation Budget (Appendix 7-B) requires each plant to
be classified as low water, medium water, or high-water use. These categories are necessary
for calculating the plant water need. An estimate of the plant water needs in gallons per square
foot per season, must be provided for any proposed vegetation in the proposed landscaping
design.
The Town of Avon does not recommend use of fruit-bearing vegetation as they attract nuisance
wildlife. Any damage resulting from wildlife foraging on fruit-bearing landscaping material is the
responsibility of the property owner.
(2) Each hydrozone shall plant materials with similar water use.
(3) Plants shall be selected and planted appropriately based upon their adaptability to the climatic,
soils, ignition potential, elevation, and topographical conditions of the project site. To encourage
efficient use of water, the following are highly recommended:
(i) Protection and preservation of native species and natural vegetation to the greatest extent
practicable.
(ii) Selection of plants based on water need, disease, wildfire potential, and pest resistance.
(iii) Recognition of horticultural attributes of plants (i.e., mature plant size, invasive surface roots)
to minimize damage to property or infrastructure.
(iv) Consider the solar orientation and type of plant with plant placement to maximize summer
shade and winter solar gain.
(4) Protected native vegetation areas without irrigation are incentivized through the landscape
CTA22004 Exhibit A Page 3
design irrigation budget calculation.
(5) Invasive and/or noxious plant species are prohibited.
(6) Turf is not allowed on slopes greater than 4:1. Use of best practices for erosion control will be
implemented on steep slopes.
(7) Irrigation work performed within the drip line of existing trees requires hand grubbing no deeper
than 6 inches (6”) and must be as far from tree trunk as practically possible. Do not cut roots
larger than four inches (4”) in diameter (dig under or around).
(8) Stormwater management practices minimizes runoff and increases infiltration which recharges
groundwater and improves water quality. The implementation of stormwater best management
practices like use of bioswales in landscape and site plans is encouraged.
(9) Green stormwater infrastructure is incentivized through the landscape design irrigation budget
calculation. The following treatments associated with the landscape and described in the
drainage report will have the following hydro zone values:
(i) Non-irrigated permeable surfaces without plants are incentivized through the landscape
design irrigation budget calculation.
(ii) For purposes of the calculation, stormwater conveyance infrastructure such as vegetated
bioswales shall apply a plant factor value representing the plantings with an efficiency value
based on the irrigation method. These areas are incentivized through the landscape design
irrigation budget calculation.
(10) Project applicants shall refer to the Town of Avon Engineering Department for information on
any applicable stormwater ordinances and stormwater management plans.
(d) (g) Landscape Buffer. The following regulations apply to properties where a nonresidential district or
use abuts a residential district or use:
(1) A minimum fifteen-foot-wide buffer space shall be provided.
(2) The buffer shall be designed with adequate landscaping or screening to properly separate the
differing uses.
(3) New trees and shrubs shall be evenly spaced at planting.
(4) A solid masonry W walls, boulders, fencing, or a combination of design elements that support
the intention of creating a buffer, minimum six (6) feet in height, may be substituted for
required shrubs.
(5) Where a natural buffer exists, as determined by the Director, it shall remain undisturbed.
(6) If used in addition to a landscape screen, fences shall have additional evergreen shrubs
planted on the residential side of the fence.
CTA22004 Exhibit A Page 4
(7) Mechanical equipment, permanent detention and temporary erosion and sedimentation
control basins are prohibited in the buffer area.
(8) Utility easements should avoid being placed in the long dimension of a buffer yard.
(9) Wherever practical, pedestrian access shall be placed through the buffer yard.
(h) Wildland Urban Interface. All new landscaping improvements installed after the effective date of
these regulations must comply with any WUI policies, plans, or codes, as adopted and amended by
the Avon Town Council.
(1) Avoid fire-prone plant materials and highly flammable mulches and design landscaping per its
wildfire hazard potential. Landscaping design plans for projects in fire-prone areas shall
address fire safety and prevention. Further, all landscape plantings for properties in a
potentially moderate or high wildfire hazard zone must be predominantly Firewise or placed per
best wildfire practices for planting within 30 feet of a residence.
(i) 0-5 feet from a residence. Highly flammable vegetation such as trees or shrubs shall not
be planted within the first five feet of any structure. Landscaping in this zone may include
hardscaping such as on-grade patios, walkways, driveways, or similar; non-combustible
mulch such as pea gravel, cobble and stone; or perennial flower beds or low ground cover.
(ii) Trees planted immediately adjacent to the five-foot zone that encroach within five feet of a
residence should be limbed up to a height of six feet or one-third the total height whichever
is less and should be trimmed or pruned to leave at least a two-foot gap between the
nearest branch and the building.
(i) Road Right-of-Way. Landscaping outside of necessary revegetation materials used for erosion
control or that landscaping as installed and maintained by the Town of Avon shall not be permitted
in any right-of-way.
(1) Landscaping placed adjacent to road-right-of-way may not encroach into actual road-right-of-
way. Encroaching landscaping may be removed by Town of Avon.
(2) Approved address markers may be placed in road-right-of-way with permission.
(e) (j) Landscaping Units. Required landscaping is calculated in landscaping units. Landscaping shall
be provided at a minimum of one (1) landscape unit per fifty (50) square feet of landscaped
area, whether irrigated or not, with no more than fifty percent (50%) of any one variety. At least
twenty-five percent (25%) of all required landscape units shall be provided as trees, or, two (2) low-
water, shrubs in lieu of one (1) tree. The following table indicates the landscape units awarded
for various preserved or planted landscape materials including stormwater management Best
Management Practices (BMPs):
(k) Landscaping Requirements. All hydrozones shall contain a combination of vegetation or vegetation
and non-vegetative alternatives (e.g., boulders) to create creative installations with varying heights.
______________________________________
CTA22004 Exhibit A Page 5
Table 7.28-7 Landscape Units Awarded Materials - Size and Area Requirements
Landscape Material Landscape Units Awarded
Newly Installed Existing Retained
Evergreen Tree minimum 1.5” Caliper
Evergreen tree, > 10' high 8 14
Evergreen tree, > 8—10' high 8 11
Evergreen tree, 6—8' high 6 9
Evergreen Tree, < 6' high 1 2
Deciduous Tree minimum 1.5” Caliper
Deciduous tree, > 8" caliper 10 14
Deciduous tree, > 4—8" caliper 8 11
Deciduous tree, > 2.5—4" caliper 7 9
Deciduous tree, 1.5—2.5" caliper or multi-stem 4 4
Deciduous tree < 1.5" caliper 1 2
Shrubs, minimum 5-gallon 1 1.2
Shrubs, 3-gallon 0.8 0.9
Perennials / ground cover, minimum 2.5 Qt or 1-gallon 1 per 400 sq. ft.
Annual flower bed – No minimum plant size (Calculated by area) 1 per 400 sq. ft.
Xeriscape Low-water or ‘Mountainscape’ ground cover – No minimum
plant size (Calculated by area using mature width of plants) 2 per 200 sq. ft.
Flower basket support 0.2 per basket
Earthen berm, minimum 18" high 0.05 per linear foot
Hardscape Material Units Awarded
Split rail fence 0.20 per linear foot (0 in
Wildridge)
Screening (opaque) fence 0.40 per linear foot (0 in
Wildridge)
Shredded bark or 2"- rock mulch such as river rock 1 per 500 sq. ft.
Ornamental pavers – not to exceed 50% (Calculated by area) 1 per 250 sq. ft.
Permeable Pavement – not to exceed 50% (Calculated by area)
Landscape boulders, 3' or greater in height 2 per boulder
CTA22004 Exhibit A Page 6
Rockery – No minimum plant size (Calculated by area)
Crevice Garden – No minimum plant size (Calculated by area)
Seating – No minimum (Calculated by area) 0.40 per linear foot
Landscape lighting, sculpture, art, and/or sheltering structure/landmark,
rain garden, bioswale,, use of recycled and/or repurposed materials –
No minimum plant size (Calculated by area)
As determined by Director
Retained Existing Landscape Unit Bonuses Bonus Landscaping Units Award
Low-water native vegetation as defined by CO Native Plant Society
(CoNPS) – No minimum plant size (Calculated by area)
CoNPS Certified Native Garden “Bronze” – No minimum plant size
(Calculated by area)
CoNPS Certified Native Garden “Silver” – No minimum plant size
(Calculated by area)
CoNPS Certified Native Garden “Gold” – No minimum plant size
(Calculated by area)
80% or more of total landscaped area on temporary irrigation 50%
(k) Plant selection shall emphasize low-water native mountain region vegetation (‘Mountainscape’)
and shall limit the use of high-water use plant species. All required landscapes, except for dry
landscapes, shall include a designed irrigation system.
(l) Non-Native Turf Grass. Irrigated turf may be used for essential uses including parks, sports fields,
playgrounds, and in reasonable portions of residential yards. Use of Kentucky Bluegrass is
prohibited in nonessential areas. Nonessential irrigated turf is to be replaced with water-wise
landscaping as much as practicably possible without impacting quality of life or landscape
functionality.
Examples of nonessential turf areas include but are not limited to: medians; areas adjacent to open
spaces or transportation corridors; areas sloped with more than a twenty-five percent grade; storm
water drainage and detention basins; commercial, institutional, or industrial properties; areas that
are neither designed nor used for passive or active uses.
(m) Rockeries.
(1) Purpose. The general intent of the planted rockery standards is to reduce the necessity for
excessive grading and encourage stepping of driveways and buildings with a natural
landscape feature mimicking a talus slope (1:1 slope consisting of naturally occurring fallen
rock with vegetation) common in alpine environments.
(2) Standards for Planted Rockeries.
(i) Rockeries may be utilized wherever finished grades cannot meet the recommended
standards of this Development Code due to naturally occurring topography and other site
development constraints.
CTA22004 Exhibit A Page 7
(ii) Rockeries shall be constructed with soil infill between stones for tree, shrub, perennial, or
grass plantings.
(iii) A rockery shall not exceed seven (7) feet in height unless approved by the PZC.
(iv) The design of rockeries shall be constructed of materials compatible with the site local
geology.
(v) Rockeries over four (4) feet in height shall be structurally designed and certified by a
Colorado licensed professional engineer or architect.
(f) n) Parking Lot Landscaping. The following landscaping requirements shall be met for all off-street
surface parking lots.
(1) Parking Lot Perimeter Landscaping:
(i) Perimeter parking lot landscaping a minimum width of six (6) feet shall be required for all
parking lots having more than ten (10) spaces.
(ii) A minimum of eighty percent (80%) of the length of the planting strip shall be used to
screen the park the street. The screen shall be a minimum of thirty (30) inches in height
and may consist of a berm, wall, plant material, dryscape materials, or combination
thereof.
(iii) Where lots are being developed in a mixed-use district, the parking lot perimeter
landscaping requirement may be reduced along an interior lot line, at the discretion of the
Director, provided that interior parking lot landscaping applies to both parking lots.
(2) Internal Landscaping:
(i) Landscape strips shall be installed between the parking rows of every other double row of
parking when parking rows exceed fifty (50) parking spaces.
(ii) Landscape islands shall be installed for every ten (10) parking spaces contained in a
parking row, either within the parking row or at the end of the parking row.
(3) Curbs. Landscaped areas within parking lots or the along perimeter of the property must be
protected from vehicular traffic through the use of continuous concrete curbs. At least one
(1) break per thirty (30) lineal feet of curb is required to allow for runoff inflows into the
landscaped areas.
(4) Internal Landscaping Island Design. The intent of internal landscape islands are to separate
pedestrians from vehicles. Internal landscape islands shall:
(i) Be a minimum of six (6) feet in width.
(ii) Be at least two hundred (200) square feet.
(iii) Be sunken below the level of the parking lot surface to allow for runoff capture within
CTA22004 Exhibit A Page 8
bioswales or similar.
(iv) Incorporate low-water deciduous shrubs, deciduous trees, perennials, and or ornamental
grasses in each island.
(v) Contain a minimum of fifty percent (50%) living landscaping material, with a maximum of
fifty percent (50%) nonliving landscaping material. Approved Ssidewalks or pathways may
be are not counted toward the nonliving landscape material percentage.
(5) Internal Landscaping Strip Design. The intent of internal landscape strips are to separate
pedestrians from vehicles. Internal landscape strips shall:
(i) Be a minimum of ten (10) feet in width and shall extend the length of the parking row.
(ii) Include a four-foot-wide sidewalk and a six-foot-wide planting strip area for installing
landscaping.
(iii) Meet planting requirements for interior landscape islands, as outlined above.
(6) Sight Distance Triangle. A sight distance triangle within the off-street parking area must be
established at street intersections by maintaining a maximum height for shrubs and ground
cover of thirty (30) inches as measured from the driveway surface. No obstructions are
permitted in the sight distance triangle, including tree branches that must be trimmed within
eight (8) feet of the ground. All applicable sight distance requirements must be met for
parking lot internal circulation and access points to the public right-of-way.
(f) (o) Landscaping Standards. All landscaping elements, including but not limited to planters, retaining
walls and berms, must be specifically approved and shall conform to the following standards:
(1) Preservation of Existing Vegetation. Landscaping plans should be designed to preserve and
protect existing native vegetation and mature trees, unless wildfire mitigation is necessary.
Landscape credit shall be awarded for preserved vegetation as indicated in Table 7.28-7,
Landscape Units Awarded, above, where the Director accepts the existing vegetation as
being in good health and meets the intent of the landscaping requirements of this Chapter.
(i) No trees or vegetation shall be removed except as specifically allowed in this Section.
(ii) No trees or vegetation except for noxious, non-native vegetation or vegetation found
by the Director to be imminently threatening property, at risk of disease due to
overcrowding, posing high fire danger, or potentially encroaching into easements shall be
removed.
(iii) All native landscaping shall be kept in its native state, to the greatest extent practicable.
(iv) Significant trees and vegetation that are removed from a site shall be replaced as set forth
in this Section.
a. Significant Trees. Significant trees, as defined by this Section, shall be preserved to
CTA22004 Exhibit A Page 9
the maximum extent feasible.
(1) A significant tree means a tree of at least eighteen (18) inches in diameter for a
deciduous tree and twelve (12) inches for evergreens, measured at a height of
fifty-four (54) inches above the ground.
(2) When a significant tree is removed, it shall be replaced on the lot or offsite on an
approved location with a minimum of two trees a minimum height of eight (8) feet
or a minimum caliper of two and one-half (2.5) inches. Alternative landscaping in
the way of art installations or similar non-irrigated materials may be considered in
lieu of vegetation.
(3) Replacement trees shall be maintained through an establishment period of at least
three (3) years, except that single-family and duplex dwellings shall have an
applicable establishment period of one (1) year.
(4) It is the responsibility of the property owner to preserve and maintain any
established significant tree. Maintenance shall include wildfire mitigation.
(5) Alternative tree removal guidelines are at the discretion of the Director through
an Alternative Equivalent Compliance application.
(2) Protective Fencing During Construction. All vegetation, significant trees and trees intended for
use as credit towards the landscaping and tree protection standards of this Development
Code shall be fenced in accordance with this subsection before grading or other land-
disturbing activity begins. The Director shall consider existing site conditions in determining
the exact location of any tree protection fencing.
(i) Type of Fencing. The developer shall erect a plastic mesh fence, straw bale or equivalent
method of fencing at the perimeter of the designated building envelope and a minimum
of four (4) feet in height at the drip line around each tree or group of trees within the
building envelope to prevent the placement of debris or fill on vegetation to be
preserved or within the drip line of any tree.
(ii) Inspection. All tree and vegetation protection measures shall be inspected and approved
by the Director prior to start of any land disturbing activities. Failure to have protection
measures inspected prior to the commencement of construction is a violation of this
Development Code.
(3) Allowed Plant Materials. Proposed materials must be specified on development plans. A list of
permissible plant species that are compatible with various climate zones specifically found in
the Town and that promote water conservation shall be adopted by the Planning and Zoning
Commission and may be amended from time to time. The use of native plants as defined by
the CO Native Plant Society is recommended. Materials not on the list may be approved if the
Director determines that they are equally or more suitable for local soil conditions, climate and
water conservation goals and would provide the same or better level of visual benefits, and
have desired growth habits. No noxious weeds, as defined by Chapter 8.36, are permitted for
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use in the Town.
(4) Noxious Vegetation and Diseased Trees. The identification and removal of noxious, non-
native, or diseased vegetation is required and shall be in compliance with Chapter 8.36.
(5) Dead Landscaping. Replacement may be permitted within a reasonable proximity to the
original location. It may not be possible to remove the dead vegetation in its entirety due to
erosion or similar concerns. Dead vegetation may be replaced with non-vegetative materials
(e.g., a boulder, art/sculpture, etc.), upon approval of the Director.
(6) Landscape Plan Required. All -landscape plans must note and delineate:
(i) All planting areas
(ii) Hydrozones with similar microclimate, soil conditions, slope, and plant materials with
similar water demand. Individual hydrozones that mix high and low-water use plants shall
not be permitted. Hydrozone areas shall be designated by water use intensity and
identified by number, letter, or other designation on the landscape design plan and
irrigation design plan.
(iii) Type of mulch and application depth.
(iv) Identify soil amendments, type, and quantity.
(v) Quantify areas of both pervious and impervious hardscapes.
(vi) Location and installation details of applicable stormwater features including infiltration
beds, swales, and basins that allow water to collect and soak into the ground.
(vii) Detail any applicable rain harvesting, or catchment technologies as permitted by the State
of Colorado.
(7) Irrigation Plan Required.
i. Irrigation Plans shall demonstrate the following:
(A) Backflow prevention devices that protect the potable water supply from contamination
by the irrigation system and comply with local plumbing codes.
(B) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve), near the
point of connection of the water supply.
(C) Master shut-off valves and flow meters integrated with the automatic irrigation
controller on all projects except irrigation systems that make use of technologies that
allow for the control of sprinklers that are individually pressurized.
(D) Dedicated landscape water meters or sub meters for all non-residential irrigated
landscapes five thousand (5,000) sq. ft. or more.
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(E) For all nonresidential properties, smart irrigation controllers labeled by U.S.
Environmental Protection Agency's WaterSense Program or with published reports
from Smart Water Application Technologies are required. If a flow meter is used,
then the controller shall be able to use inputs from the flow meter/sensor to control
irrigation if flows are abnormal.
(F) Sensors (rain, freeze, wind, soil moisture etc.), either integral or auxiliary, that suspend
or alter irrigation operation during unfavorable weather conditions or when sufficient
soil moisture is present.
(G) The following table shall be provided on all irrigation plans:
Landscape Area Provided % of Lot/ Square Footage
Total irrigated area % of landscaped area/ square footage
Spray area % of irrigated area/ square footage
Drip area % of irrigated area/ square footage (measured as three (3) square feet
per sprinkler head, unless otherwise shown)
ii. The irrigation system design shall:
(A) Prevent runoff, low head drainage, overspray, or other similar conditions where
irrigation water flows onto non-targeted areas, such as adjacent property, non-
irrigated areas, hardscapes, roadways, or structures. Restrictions regarding
overspray and runoff may be modified if the landscape area is adjacent to permeable
surfacing and no runoff occurs or if the adjacent non- permeable surfaces are
designed and constructed to drain entirely to landscaping.
(B) Conform to the hydrozones of the landscape design plan.
(C) Have matched precipitation rates within a hydrozone, unless otherwise directed by the
manufacturer's recommendations.
(D) Meet the required operating pressure of the emission devices using valve pressure
regulators, sprinkler head pressure regulators, inline pressure regulators, booster
pumps, or other devices. The pressure and flow measurements identified at the
design stage will be verified prior to the installation of the system.
(E) Meet the requirements set in the American National Standards Institute (ANSI)
standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard
authored by the American Society of Agricultural and Biological Engineers and the
International Code Council and verified by an independent third-party.
(F) Achieve the highest possible sprinkler spacing distribution uniformity using the
manufacturer's recommendations. All sprinkler head installed in the turfgrass areas
shall have a distribution uniformity of 0.65 or higher using the protocol defined in
ASABE/ICC 802-2014 standard.
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(G) Minimum pop-up height for sprinklers in turf-grass areas is 6”.
iii. All irrigation shall be designed and operated according to the watering schedule as
imposed by the Eagle River Water and Sanitation District (ERWSD).
iv. Above ground temporary sprinkler irrigation may be used to establish vegetation on
otherwise non-irrigated portions of the landscaped areas; however, such temporary
systems must be removed upon sufficient vegetation establishment as determined by the
Director, which shall not exceed one (1) year for ground cover, two (2) years for shrubs
or three (3) years for trees.
v. Irrigation Management.
(A) Irrigation management includes planning water use, monitoring water use, and
verifying that the equipment is maintained and properly adjusted for optimal
performance.
(B) Add landscape materials adjustments to the system should be in harmony with the
original intent of the irrigation design.
(C) Scheduling of irrigation events should match the needs of the plants to maintain
health, appearance, and meet the function of a landscape.
vi. Irrigation Audit
(A) All multi-family and commercial projects must undergo an irrigation audit prior to
Certificate of Occupancy. For single-family projects, the Town may require an irrigation
audit for the proposed landscaping depending on the size and or nature of the
proposed irrigation system or water demand for landscaping.
(B) All landscape irrigation audits shall be conducted by a third-party certified landscape
irrigation auditor. Irrigation audits shall not be conducted by the person or company
who installed the irrigation system.
(C) The irrigation audit report shall include, but is not limited to:
a. System test with distribution uniformity for all turf areas and at least 10% of
remaining zones for a well-represented collection of zones;
b. Reporting overspray or runoff that causes overland flow;
c. Examination of an irrigation schedule, or preparation of one if necessary, including
irrigation controller’s configuration with application rate, soil types, plant factors,
slope, exposure, and any other factors necessary for accurate programming; and
d. System tune-up recommendation. Applicant will work with auditor to reconcile
recommendations & off the punch list to meet the standards.
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vii. Soil Amendment.
(A) Topsoil of irrigated grasses (including turf), shrubs, perennials, and annuals shall
consist of material best suited for the subject property. Depth of topsoil shall reflect the
surrounding environmental conditions including annual rainfall and elevation.
(B) Amended tree soil should have a minimum planting hole diameter of two (2) times as
large as the root ball diameter. Both topsoil and subsoil layers shall consist of material
best suited for the subject property. The percent of organic matter for the topsoil and
subsoil shall be measured by weight in accordance with best planting practices. Depth
of topsoil shall reflect the surrounding environmental conditions including annual
rainfall and elevation.
(C) The soil shall have no herbicides, heavy metals, biological toxins or hydrocarbons that
impact plant growth or exceed the Environmental Protection Agency’s standards for
soil containment.
(D) All applicable soil criteria and standards shall be noted on the landscape design plan.
(1) Mulch Criteria.
a. Organic mulch material, depth, and coverage, shall be applied as appropriate
to each species and mulch type. It shall be applied to the soil surface and not
against the plant stem or high against the base of the trunk to minimize
disease.
b. Organic mulch material includes bark and wood chips. Mulch consisting of
construction debris such as pallets is prohibited.
c. Inorganic mulch includes rock, gravel, or pebbles. Mulch rock shall have a
minimum depth of two inches (2”). Inorganic mulch is recommended where
practicable as it does not hold or absorb water.
(8) Revegetation Required.
(i) All disturbed areas must be adequately reseeded and restored on all projects.
(ii) In all disturbed areas, soil must be prepared with tilling and the addition of decomposed
organic matter such as, but not limited to, compost, composted horse manure or
composted chopped straw or hay. Straw tackifier or matting on steep slopes is required to
prevent soil erosion. The addition of decomposed organic matter is also required prior
to turf installation.
(9) Guarantee of Installation. Required landscape improvements shall be installed prior to
issuance of a certificate of occupancy for all structures.
(10) Maintenance. All landscape improvements shall be maintained and replaced by the property
owner.
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(11) Dry Landscape Substitutions
(i) The following table identifies materials that may be used for landscaping purposes:
______________________________________
Table 7.28-8
Material Minimum Size or Example Value Maximum Use
Boulders 24” x 30” Six (6) shrubs per
boulder Twenty-five (25) percent
Dry creek bed or other
significant landscape
feature.
One (1) shrub per twelve
(12) square feet Fifty (50) percent
Shade structure or
other structure. Small bridge, pavilion, etc. One (1) shrub per twelve
(12) square feet
Fine art/sculpture Small garden ornaments
are not included.
One (1) shrub per twelve
(12) square feet Twenty-five (25) percent
Low-water Shrubs:
density to attain fifty
(50) percent bed
coverage after three (3)
years
Two (2) gallon container
size No limitation
Other installations Play equipment,
monuments, etc.
As determined by
Director
As determined by
Director
7.28.060 - Screening.
(a) Purpose. Certain site features are required to be screened from public view or adjacent properties,
as indicated in this Section. The purpose of buffers and screening is to mitigate the view, lighting,
noise, heat, and odor impacts of vehicles, pavement or other more intense or high intensity uses.
All fences, walls and plant materials used to meet the screening requirements of this Section shall
meet the related standards of this Chapter.
(b) Screening Required. The following shall be screened on all properties:
(1) All outdoor refuse facilities and recycling receptacles.
(2) All antennas shall be located so that they are screened from view from any public right-of-way
or neighboring property. Screening may be accomplished by or through the use of
landscaping materials, existing structures, sub-grade placements or other means that both
screen the antennas and appear natural to the site.
(3) Satellite dishes shall be screened from neighboring properties. Screening must be
accomplished through the placement of the satellite dish on the building. A separately built
fence may not be used. If this standard cannot be met in a manner that achieves an operable
satellite dish on the property, then the Town will work with the property owner to select the
least visually intrusive placement where the satellite dish is operable.
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(4) Temporary installations of oil, gasoline or liquid petroleum gas tanks, if approved, shall be fully
screened from view from all public rights-of-way and all neighboring properties.
(c) Mechanical Equipment. The standards of this Section shall apply to all of the following:
(1) Electrical and gas-powered mechanical equipment;
(2) Ductwork and major plumbing lines used to heat, cool or ventilate; and
(3) Power systems for the building or site upon which the equipment is located.
(4) Roof and/or wall-mounted antennas and vent openings shall not be considered mechanical
equipment for purposes of these screening standards. The standards of this Section are not
intended to apply to solar arrays, solar energy collection systems or small wind energy
systems, if such systems are otherwise in compliance with applicable building codes and
development standards requirements.
(d) Screening Standards
(1) Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall be screened
by a parapet wall or similar feature that is an integral part of the building's architectural design.
The parapet wall or similar feature shall be of a height equal to or greater than the height
of the mechanical equipment being screened. Roof-mounted mechanical equipment, except
solar energy collection systems, is prohibited on single-family residential dwellings.
(2) Wall-Mounted Mechanical Equipment. Wall-mounted mechanical equipment, except air
conditioning equipment (e.g., window AC units), that protrudes more than six (6) inches from
the outer building wall shall be screened from view by structural features that are
compatible with the architecture of the subject building. Wall-mounted mechanical
equipment that protrudes six (6) inches or less from the outer building wall shall be
designed to blend with the color and architectural design of the subject building.
(3) Ground-Mounted Mechanical Equipment. Ground-mounted mechanical equipment shall be
screened from view by landscaping, a fence or a decorative wall that is integrated into the
architecture of the structure. The fence or wall shall be of a height equal to or greater than the
height of the mechanical equipment being screened. Integrating plantings into the
architectural theme of buildings and their outdoor spaces to lessen differences in architecture,
to mitigate building scale, or to integrate the mechanical equipment into the overall look of the
site is highly encouraged.
(4) Alternate Screening. Mechanical equipment that is not screened in full compliance with the
screening standards of this Section shall be reviewed in accordance with Section 7.16.080,
Development plan. Alternate screening methods may include, but shall not be limited to,
increased setbacks, increased landscaping, grouping the equipment on specific portions of a
site, architectural features and painting.
(e) Loading and Service Areas.
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(1) All service areas shall be placed at the rear, on the side of or inside buildings.
(2) No service area shall be visible from a public right-of-way or from adjacent residential areas.
(3) Service areas and access drives shall be located so they do not interfere with the normal
activities of building occupants or visitors on driveways, walkways, in parking areas or at
entries.
(4) Screening shall be a minimum height of eight (8) feet to screen truck berths, loading docks,
areas designated for permanent parking or storage of heavy vehicles and equipment or
materials.
(5) Screening shall be long enough to screen the maximum size trailer that can be
accommodated on site.
(f) Outside Storage Areas. An opaque screen consisting of one (1) or a combination of the following
shall be used to screen outdoor storage areas from adjacent properties and ROWs:
(1) Freestanding walls, wing walls or fences;
(2) Earthen berms in conjunction with trees and other landscaping; or
(3) Landscaping, that must be opaque and eight (8) feet in height at maturation.
(g) Shopping Cart Storage. All shopping carts shall be stored inside the building they serve. Shopping
cart corrals shall be made of a material suitable for withstanding weathering and rusting. Plastic
corrals are prohibited.
(h) Refuse Facility/Dumpsters
(1) All refuse facilities, including new refuse facilities placed on an existing development, shall be
completely screened from the public right-of-way and adjacent nonindustrial zoned
properties.
(2) Screening shall be achieved by a six-foot masonry wall or wooden fence. A gate opening to the
facility shall be situated so that the container is not visible from adjacent properties or public
ROW. Chain-link gates are not permitted. Gates must have tie-backs to secure in the
open position.
(i) Screening Materials and Design.
(1) Unless otherwise provided in this Section, screening may be accomplished by fencing, plant
materials or both fencing and plant materials. Screening with plant materials shall achieve
opacity by maturity. Masonry walls may be allowed for screening only if they are designed as
an integral component of the building architecture. In all cases, plant materials must be
used to screen utility boxes.
(2) No front, side or rear fence, wall or hedge may be more than six (6) feet in height, unless
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required in other subsections of Section 7.28.060.
(3) Berms
(i) Minimum Requirements:
(A) Maximum slope of 4:1 for grassed areas and 3:1 for shrub beds; and
(B) Berms must be stabilized with vegetation consistent with the requirements of the
landscape area.
(C) Berm may not be installed as a means to block views of neighboring properties or
interfere with drainage systems.
7.28.070 - Retaining walls.
(a) Purpose. The general intent of the retaining wall standards are to reduce the necessity for
excessive grading and encourage stepping of driveways and buildings with the natural grade.
(b) Standards.
(1) Retaining walls may be utilized only where finished grades cannot meet the recommended
standards of this Development Code due to naturally occurring topography and other site
development constraints.
(2) Retaining walls over four (4) feet in height shall be designed with a series of retaining walls
with landscaped terraced steps. The width of the terrace between any two (2) four-foot vertical
retaining walls shall be at least three (3) feet. Retaining walls higher than four (4) feet shall
be separated from any other retaining walls by a minimum of five (5) horizontal feet. Terraces
created between retaining walls shall be permanently landscaped.
(3) A retaining wall shall not exceed seven (7) feet in height unless approved by the PZC and it is
demonstrated that no alternative site layout is functional.
(4) The design of retaining walls shall be constructed of materials compatible with the site and
materials of the structures on the site. Retaining walls and cribbing should utilize natural
materials, such as boulders, cut rocks, stone-veneer or textured, color-tinted concrete.
Timbers and railroad ties are prohibited as retaining wall materials. Where two (2) alternatively
designed retaining walls meet, a cohesive transition between walls must be demonstrated.
(5) Walls over four (4) feet in height or taller or any wall supporting a vehicle load or structure shall
be structurally designed and certified by a Colorado licensed professional engineer or
architect.
(6) Maintenance. All walls shall be maintained in good repair. Walls shall be regularly inspected to
ensure stability and safety, and for aesthetic values.
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7.28.080 - Fences.
(a) Purpose. The purpose of these regulations is to maintain adequate visibility on private property and
in public rights-of-way, to maintain the openness of properties to protect the light and air to
abutting properties, to provide adequate screening by regulating the height, location and design
and to promote the movement of wildlife through portions of Town.
(b) Fence Design Standards.
(1) Within the Wildridge Subdivision and RLD Zone Districts. All fences require approval from the
Avon Planning and Zoning Commission. Although discouraged in Wildridge and Wildwood,
fences should complement the property and landscape rather than contain the property. The
following review criteria apply for the review of fence applications:
(i) Fence material shall be wood and no more than four (4) feet in height. Fences height
shall be measured from finished grade. Grade shall not be altered for the purpose of
increasing fence height.
(ii) Fences shall be constructed using a split rail design with no more than two (2) horizontal
rails;
(iii) Fences shall not be located closer than seven and one-half (7.5) feet from the property
lines;
(iv) Fencesing, either partially attached to a building or free standing, shall not enclose an
area of one thousand two hundred (1,200) square feet or more;
(v) Fences shall ensure that wildlife migration is not negatively affected with the proposed
fence design;
(vi) If a fence is part of a multi-family project, approval shall be received from the association
and the fence design shall be integrated with the overall landscape design of the
property; and
(vii) If a fence is located on a duplex property, written approval shall be received from the
adjoining property owner and the fence design must be integrated with the overall
landscape design.
(viii) If a fence is intended to enclose an area containing more than fifty percent (50%) edible
food crops, the design must be consistent with the following criteria:
(A) Have a maximum height of six (6) feet;
(B) Have a maximum area of two hundred (200) square feet;
(C) Be at least fifty percent (50%) open;
(D) Fences with wire mesh are encouraged over solid wood; and
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(E) Fences enclosed on the top and greenhouses are considered accessory
structures.
(2) All other zone districts:
(i) Compatibility. Walls and fences shall be architecturally compatible with the style, materials
and colors of the principal buildings on the same lot. If used along collector or arterial
streets, such features shall be made visually interesting by integrating architectural
elements, such as brick or stone columns, varying the alignment or setback of the fence,
softening the appearance of fence lines with plantings or through similar techniques. A
fence or wall may not consist of a solid, unbroken expanse length of more than fifty (50)
feet.
(ii) Materials:
(A) Stone walls or brick walls with a stone or cast stone cap, treated wood fences,
decorative metal, cast iron fences, stucco walls and stone piers are encouraged.
Solid walls and fences are permitted only in rear and side yards. Retaining walls are
permitted where required for grading purposes. Hedges may be used in the same
manner and for the same purposes as a fence or wall.
(B) Fences used in front yards shall be at least fifty percent (50%) open. Allowable fences
are split rail, wrought iron, picket or other standards residential fences of a similar
nature approved by the Director.
(C) Solid fences shall be constructed to meet the wind design criteria of the adopted
International Building Code, using a basic wind speed of ninety (90) miles per hour.
(D) Other materials may be incorporated in fences and walls and may be approved by
the Director.
(iii) Prohibited Materials. Contemporary security fencing such as razor wire or barbed wire
or electrically charged fences are prohibited. Chain-link fencing with or without slats shall
not be used as a fencing material for screening purposes.
(iv) Height Limitations.
(A) No more than forty-two (42) inches high between the front building line and the front
property line. For corner lots, front yard fence regulations shall apply to both street
sides of lot.
(B) No more than forty-two (42) inches high if located on a side yard line in the front yard,
except if required for demonstrated unique security purposes.
(C) No more than five (5) feet high for an opaque privacy fence located on a rear property
line or on a side yard line in the rear yard.
(D) No more than six (6) feet high for opaque privacy fences that are located directly
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adjacent to and integrated with the architecture of the house or connected to a
courtyard.
(E) No more than thirty (30) inches high when located within the sight distance triangle.
Fences within this sight distance triangle shall not be solid.
(F) In the Light Industrial and Commercial (IC) zone district, a chain-link fence is
permitted so long as it is not higher than six (6) feet anywhere on the premises and
not visible at the intersection.
(v) Maintenance. All fences shall be maintained in good repair. Fences shall be inspected
regularly to ensure stability and safety, and for aesthetic values.
7.28.100 - Natural resource protection.
(a) Steep Slopes.
(1) Purpose. The purpose of this Subsection is to:
(i) Prevent soil erosion and landslides;
(ii) Protect the public by preventing or regulating development in locations with steep
slopes;
(iii) Provide safe circulation of vehicular and pedestrian traffic to and within hillside areas and
provide access for emergency vehicles necessary to serve the hillside areas;
(iv) Encourage only minimal grading that relates to the natural contour of the land and reduce
necessity of retaining walls;
(v) Discourage mass grading of large pads and excessive terracing; and
(vi) Require revegetation and reclamation of slopes disturbed during development.
(2) Applicability. The standards in this Section shall apply to all new development, with the
exception of administrative and minor subdivisions and all other subdivision, PUD and
rezoning processes that do not result in an increase in density.
(3) Standards. Development subject to these standards shall comply with the following
standards:
(i) Development on natural slopes of forty percent (40%) or greater is prohibited.
(ii) Grading Permits. No grading, excavation or tree/vegetation removal shall be permitted,
whether to provide for a building site, for on-site utilities or services or for any roads or
driveways, prior to issuance of a building permit in accordance with a grading and
excavation plan and report for the site approved by the Town Engineer.
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(iii) Open Space. One hundred percent (100%) of areas with a slope greater than forty percent
(40%) shall remain in natural private or public open space, except as expressly
allowed in this Section. This area may be credited toward open space requirements and
minimum lot area requirements.
(iv) Minimum Lot Size. Where a lot contains a natural slope area of greater than thirty
percent (30%) that is larger than two thousand five hundred (2,500) square feet, the lot
shall be a minimum of one (1) acre in size with a minimum street frontage of one hundred
fifty (150) linear feet. Lots shall not be mass-graded to avoid this provision.
(v) Limits on Graded or Filled Manmade or Constructed Slopes.
(A) Grading of slopes to twenty-five percent (25%) or less is greatly encouraged
wherever possible.
(B) Graded or filled manmade or constructed slopes shall not exceed a slope of fifty
percent (50%).
(C) Cut man-made surfaces or slopes shall not exceed a slope between twenty-five
percent (25%) and fifty percent (50%) unless it is substantiated, on the basis of a
site investigation and submittal of a soils engineering or geotechnical report
prepared and approved by the Town Engineer, that a cut at a steeper slope will be
stable and will not create a hazard to public or private property.
(D) Bedrock which is exposed in a cut slope may exceed the maximum cut slope. The
cut surface of the bedrock should be "sculptured" to create an irregular profile
which approximates natural rock outcroppings on the site. Planting pockets may
be created in the sculptured rock for grasses and forbs.
(E) All cut, filled and graded slopes shall be re-contoured to the natural, varied contour
of the surrounding terrain pursuant to Paragraph (xii)(F) below and Section
7.28.050, Landscaping.
(vi) Natural Design:
(A) Sharp angles shall be rounded off, in a natural manner, at the top and ends of cut
and fill slopes (within approximately five [5] feet of the sharp angle). Where this
would damage tree root systems, the amount of rounding off may be reduced and
shrubs used instead to hide the transition.
(B) Slopes providing a transition from graded areas into natural areas should be varied in
percent grade both up-slope and across the slope, in the undulating pattern of
surrounding natural slopes, so that the top or the toe (or both) of the cut or fill slope
will vary from a straight line in plain view.
(C) Natural grade at the lot lines shall be maintained.
(vii) Separate Pads:
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(A) Cutting and grading to create benches or pads for buildings or structures shall be
avoided to the maximum extent feasible.
(B) Separate building pads for accessory buildings and structures other than garages,
such as tennis courts, swimming pools, outbuildings and similar facilities, shall not be
allowed except where the natural slope is twenty percent (20%) or less.
(viii) Parking Areas. Parking areas should be constructed on multiple levels and follow natural
contours as necessary to minimize cut and fill.
(ix) Retaining Walls. Retaining walls may be used to minimize cut and fill. Retaining walls shall
comply with the standards of Section 7.28.070, Retaining walls.
(x) Natural Drainage Patterns:
(A) Site design shall not change natural drainage patterns.
(B) To the maximum extent feasible, development shall preserve the natural surface
drainage pattern unique to each site as a result of topography and vegetation. Grading
shall ensure that drainage flows away from all structures, especially structures that
are cut into hillsides. Natural drainage patterns may be modified on-site only if the
applicant shows that there will be no significant adverse environmental impacts on-site
or on adjacent properties. If natural drainage patterns are modified, appropriate
stabilization techniques shall be employed.
(C) Development shall mitigate all negative or adverse drainage impacts on adjacent and
surrounding sites.
(D) Standard erosion control methods shall be used during construction to protect water
quality, control drainage and reduce soil erosion. Sediment traps, small dams or
barriers of straw bales shall be located wherever there are grade changes to slow
the velocity of runoff.
(xi) Revegetation Required. Any area exposed in new development shall be landscaped or
revegetated pursuant to the standards and provisions of Paragraph 7.28.100(c)(6),
Revegetation plan.
(xii) Streets, Roads and General Site Access:
(A) Access to a building or development site shall be by road, street or private access
road only.
(B) Streets, roads, private access roads and other vehicular routes shall comply with all
requirements of this Code and design specifications.
(C) Streets, roads, private access roads and other vehicular routes shall not be
allowed to cross slopes between thirty percent (30%) and fifty percent (50%) unless
specifically authorized by the PZC after finding that all of the following conditions
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and constraints are applicable:
1) No alternate location for access is available; and
2) No significant adverse visual, environmental or safety impacts will result from the
crossing, either by virtue of the design and construction of the street, road, private
access road or other vehicular route as originally proposed or as a result of
incorporation of remedial improvements provided by the developer to mitigate
such impacts.
(D) Under no circumstances shall any street, road, private access road or other vehicular
route cross slopes greater than fifty percent (50%).
(E) Streets, roads, private access roads and other vehicular routes shall, to the maximum
extent feasible, follow natural contour lines.
(F) Grading for streets, roads, private access roads and other vehicular routes shall be
limited to the asphalt portion of the right-of-way, plus up to an additional ten (10)
feet on either side of the asphalt as needed, except that when developing access on
slopes in excess of twenty percent (25%), only the asphalt portion of the right-of-way
shall be graded plus the minimum area required for any necessary curb, gutter or
sidewalk improvements. The remainder of the access right-of-way shall be left
undisturbed to the maximum extent feasible.
(G) Roads, other vehicular routes or trails may be required to provide access or maintain
existing access lands for vehicles, pedestrians, emergency services and essential
services and maintenance equipment.
(b) Stream, River, Waterbody and Wetlands.
(1) Purpose. This Subsection is intended to minimize erosion, stabilize stream banks, protect and
improve water quality, preserve fish and wildlife habitat and preserve the natural aesthetic
value of streams, rivers, water bodies and wetland areas of the Town.
(2) Applicability. This Subsection shall apply to all new development, except for the following
development or activities:
(i) Agricultural activities, such as soil preparation, irrigation, grazing, planting and
harvesting;
(ii) Platted residential lots which are less than twenty-two thousand (22,000) square feet in
size;
(iii) Maintenance and repair of existing public roads, utilities and other public facilities within an
existing right-of-way or easement;
(iv) Maintenance and repair of flood control structures and activities in response to a flood
emergency; and
CTA22004 Exhibit A Page 24
(v) Wetland and wildlife habitat restoration, construction or enhancement that improves or
restores the wetland or stream corridor functions, provided that the proposed activity is
approved by the appropriate agency such as the U.S. Army Corps of Engineers.
The standards of this Section shall apply in addition to the standards of Subsection
7.28.100(d), Flood Damage Prevention. In the event that there is any conflict between the two
(2), the more restrictive provision shall apply.
_____
15.08.070
Section 111.21 is amended by the addition of the following language:
“Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all
construction has been completed, including building, electrical, plumbing, mechanical, fire systems,
landscaping, paving, final grading, drainage and all other construction. All multi-family and commercial
projects must undergo an irrigation audit prior to a Certificate of Occupancy. All signs of construction must
be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and
related items, before the Certificate of Occupancy will be issued”
15.10.080
Section R110, Certificate of Occupancy, is amended by the addition of the following language:
“The Certificate of Occupancy shall not be issued until all construction has been completed, including
building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all
other construction. All signs of construction must be removed from the property, including excess dirt,
building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy
will be issued. For single-family projects, the Town may require an irrigation audit for the proposed
landscaping depending on the size and or nature of the proposed irrigation system or water demand for
landscaping. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of
the provisions of this code or other ordinances of the jurisdiction.
EXHIBIT B
PROPOSED LANDSCAPE WATER
BUDGET CALCULATOR
Avon Municipal Code Appendix 7-B: Water Efficient Landscape Budget Calculator
Town of Avon requires proposed landscape designs to not exceed 7.5 gallons of water per square foot of
area per season (Gal/Sf/Season) allocation.
The Water Efficient Landscape Budget Calculation is rooted in the formula: Total Landscape Area / Water
Needed to Support Landscaping.
In order to determine the Water Needed to Support Landscaping, all areas within any landscaping plans
are assigned one of the following Hydrozone Water Use Categories:
1. No Water
2. Very Low
3. Low
4. Medium
5. High
6. Cool Season / Turf Grass
7. Water Feature
Each Hydrozone Category represents an estimated Water Allocation needed to support its flora (See Table
1:1). Very Low, Low, Medium, and High Hydrozone categories also contain the potential to be Drip
Irrigated or Spray Irrigated (Drip being less water-intensive than Spray).
Table 1:1 - Water Allocation per 1000 sq ft per season by Hydrozone Type
Hydrozone Water Use Category
Water Allocation for DRIP Irrigation
(gallons) per 1000 sq ft
Water Allocation for SPRAY
Irrigation (gallons) per 1000 sq ft
No Water 0
Very Low 35 42
Low 2,900 3,500
Medium 7,600 9,150
High 10,500 12,500
Cool Season / Turf Grass 15000
Water Feature 15000
Water Use Subtotal (gallons per season)
Water Use Total (gallons per season)
Total Irrigated Area (sq. ft)
Total Project Area (sq. ft)
Gal/Sf/Season
The calculation requires the replacement of these numbers with the square footages of the hydrozones
being proposed. Please see calculation examples for clarification.
CALCULATION EXAMPLES – Next Page
WATER EFFICIENT BUDGET CALCULATION EXAMPLES
Using these inputs relative to the size of each hydrozone in a single landscape plan, a person can assess the
estimated water use for the entire landscaping plan. The following scenarios showcase the variety of landscaping
plans possible, their estimated water use, and potential for approval under the 7.5 gallon per sf. per season limit.
Scenario One: A landscape plan that is equally split between areas that require no water, and turf grass areas:
Scenario 1: Half Turf Grass
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 1500
Very Low 0 0
Low 0 0
Medium 0 0
High 0 0
Cool Season / Turf Grass 1500
Water Feature 0
Water Use Subtotal (gallons per season) 0 22500
Water Use Total (gallons per season) 22500
Total Irrigated Area (sq. ft) 1500
Total Project Area (sq. ft) 3000
Gal/Sf/Season 7.5
Takeaways:
• This plan’s water budget is exactly the maximum potential water allocated.
• Any landscaping plan that exceeds 50% turf grass will likely not be approved
Scenario Two: A drip-irrigated landscape plan that is equally split between Low, Medium, and High
Scenario 2: Low/Med/High Mix - DRIP
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 1000 0
Medium 1000 0
High 1000 0
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 21000 0
Water Use Total (gallons per season) 21000
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 7
Takeaways:
• This plan’s water budget is below the maximum potential water allocated.
• Scenario Two is less water-intensive than Scenario One, despite 50% of the landscaping in Scenario One
not requiring any water.
• 3000 sq ft of equally mixed Low, Medium, and High hydrozones is less water-intensive that 1,500 sq ft
of grass
Scenario Three: A drip-irrigated landscape plan that is equally split between Low and High hydrozones
Scenario 3: Low/High Mix - DRIP
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 1500 0
Medium 0 0
High 1500 0
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 20100 0
Water Use Total (gallons per season) 20100
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 6.7
Takeaways:
• This plan’s water budget is below the maximum potential water allocated.
• Scenario Three is less water-intensive than Scenario Two
• A medium water hydrozone does not represent the median between the low and high hydrozones
Scenario Four: A spray-irrigated landscape plan that is equally split between Low and High hydrozones
Scenario 4: Low/High Mix SPRAY
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 0 0
Low 0 1500
Medium 0 0
High 0 1500
Cool Season / Turf Grass 0
Water Feature 0
Water Use Subtotal (gallons per season) 0 24000
Water Use Total (gallons per season) 24000
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 8
Takeaways:
• This plan’s water budget is above the maximum potential water allocated.
• Scenario Four is more water-intensive than Scenario Three, despite the hydrozone area sizes remaining the
same in both
• Spray irrigation is more water-intensive than drip irrigation, and could be the difference between
approval / denial of a landscaping plan
Scenario Five: An equal mix of drip irrigated, Very Low and Low hydrozones, and Turf Grass
Scenario 5: Very Low / Low / Turf Mix
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 0
Very Low 1000 0
Low 1000 0
Medium 0 0
High 0 0
Cool Season / Turf Grass 1000
Water Feature 0
Water Use Subtotal (gallons per season) 2935 15000
Water Use Total (gallons per season) 17935
Total Irrigated Area (sq. ft) 3000
Total Project Area (sq. ft) 3000
Gal/Sf/Season 6.0
Takeaways:
• Very Low and Low hydrozones can be adequate off-sets for turf grass area
Scenario Six: An equal mix of all hydrozones AND an additional water feature
Scenario 6: Mix All
Hydrozone Water Use Category Drip Irrigated Area (sq. ft) Spray Irrigated Area (sq. ft)
No Water 1000
Very Low 1000 0
Low 1000 0
Medium 0 1000
High 0 1000
Cool Season / Turf Grass 1000
Water Feature 500
Water Use Subtotal (gallons per season) 2935 44150
Water Use Total (gallons per season) 47085
Total Irrigated Area (sq. ft) 5500
Total Project Area (sq. ft) 6500
Gal/Sf/Season 7.2
Takeaways:
• Equally mixed hydrozones have the potential for approval, even when water-intensive water features are
included.
• A 1,000 sq ft water feature would exceed the 7.5-gallon allocation
ATTACHMENT B
CORRESPONDENCE
November 28, 2022
Mr. Matt Pielsticker, AICP, Planning Director
Town of Avon
100 Mikaela Way
Avon CO 81620
RE: Landscaping Regulations Code Text Amendments
Dear Matt:
The Eagle River Water & Sanitation District (District) greatly appreciates the Town of Avon’s
work in developing landscaping standards that support the District’s goals for water
conservation. The Town’s goals of encouraging learning and education that will connect
landscaping design to outdoor water use requirements will be our most effective strategy to
reduce overall outdoor water use in our community. Aligning landscape design standards with
our region’s semi-arid climate will reduce water use and protect property owner investment and
community aesthetics during drought periods. Furthermore, focusing on fire-wise landscape
design will protect our watershed, the source of our water supply and high water quality, from
the impacts of wildfire damage.
The District has set a goal of reducing total community water use to ensure a reliable water
supply in the face of regional aridification that is reducing our natural water supply over time. To
achieve this goal, we are developing a new water rate structure that will ensure a reliable and
drought-resilient water supply by creating pricing signals that communicate what customer’s
water use target should be. Many of our existing customers will need to make changes to their
landscaping to meet their water use target, and Avon’s standards can additionally inform
customer landscape conversions. A well-informed and aligned landscape standard may well
inspire other municipal governments to adopt progressive guidelines that support water
conservation. We appreciate your partnership in this important initiative and support the
adoption of a Landscaping Code Text Amendment.
Following are general comments about the proposed code text amendments, and we look
forward to meeting with you in person on November 29 to discuss these in more detail.
1.Being consistent with “landscape design irrigation budget” terminology should help with
preventing confusion with “water budget” terminology used by the District. We appreciate
the distinction.
2.Inspections are key to getting things done right. Soil amendments, irrigation system
installation, and plant material placed in the ground need to be verified. How will Avon
address this? Is there a system in place to cover these inspections? If not, we strongly
recommend that Avon develop an inspection program specific to landscaping. A post-
construction irrigation audit also is important to ensure appropriate irrigation water is
being applied and that the irrigation controller is programmed and operating properly.
3. The plant list included in Appendix 7-C is exhaustive and may cause confusion and
consternation with homeowners. We suggest a more simplified approach and refer
people to the www.plantselect.org website for plant material choices that are suited for
the Rocky Mountain Region rather than including a static plant list in the landscaping
code. This website has many features, including photographs of plants, downloadable
design information, contact information to reach experts and many more resources, and
it is updated regularly with current information.
4. Increasing landscape design irrigation budget by giving credit for special features
[7.28.050 (e)] is counter to our goal. Driving down outdoor water use to using only what
is needed is our goal. We suggest that any incentive to increase the landscape design
irrigation budget be removed from the code.
5. Rain barrels are permissible under C.R.S. 37-96.5-103 where precipitation is collected
from the rooftop of a building that is used primarily as a single-family residence or a
multi-family residence with four or fewer units. Avon should cite this reference as the
State Engineer has the authority to curtail rain barrel usage in the future. Prescribing rain
barrel use as proposed in the code text amendment could eventually conflict with the
statute.
6. Reference to avoiding fire-prone plant materials is appreciated and the section on
Wildland Urban Interface [7.28.050 (h)] is good. If more resources are needed for what
to plant, what not to plant and where, that information can be found at the Colorado
Firewise USA® Sites with Colorado-specific information about Protecting Home and
Property From Wildfires, a Home Ignition Zone Guide, Fire-Resistant Landscaping, and
Firewise Plant Materials.
7. Non-native, nonessential turf grass is the worst plant material when it comes to water
efficiency and the District offers rebates and incentives to promote water efficiency. It
would be good to refer to the District’s website for water efficiency and it may be best to
incorporate that through links on the Town’s website. We can discuss how best to
coordinate communication and messaging when we meet face to face.
8. Amending the soil is essential for ensuring that new landscaping takes and subsequently
thrives. The quality of the organic amendment and how it is incorporated into the soil is
critical. Avon should consider requiring a soil analysis that includes specific
recommendations based on the soil test results for the type of plant material to be grown
in each landscaped area. The type and volume of soil amendment should be determined
by a soil scientist and be consistent with the indigenous soil and the needs of the plant
material in each area of the landscape.
9. In the memo to the Planning & Zoning Commission agenda packet for the November 15,
2022 meeting, reference was made to Castle Rock with a link to their Landscape
Information and Forms webpage. We suggest that Avon consider incorporating some of
the technical criteria contained in their Landscape and Irrigation Criteria Manual, with
appropriate adjustments for local conditions in the Avon area. Castle Rock’s manual has
evolved over the course of nearly two decades and has proven effective as a water
management tool.
We appreciate the opportunity to work with Avon to help reduce outdoor water demand and look
forward to meeting with you on November 29. Please feel free to contact me at (970) 445-7516
or Tim Friday at (970) 963-8983.
Sincerely,
Jason Cowles, P.E.
Director of Engineering and Water Resources
Cc: Diane Johnson, Communications and Government Affairs Manager
Tim Friday, Planning & Water Resources Manager
Jena Skinner, Town of Avon
Max Morgan, Town of Avon
1
Jena Skinner
From:James Dilzell <dilzell@erwc.org>
Sent:Thursday, December 22, 2022 12:07 PM
To:Jena Skinner
Cc:EC Conservation District; Max Morgan; Matt Pielsticker
Subject:Re: Landscape Conversion Program
Jena,
This is a highly comprehensive rewrite and I am glad to see language prohibiting non‐functional turf grass. My only
additional comment would be recommending smart irrigation controllers (pages 27 & 28) for new irrigation systems, if
possible.
Thanks for the follow‐up!
Best,
James
James Dilzell he/him
Executive Director
Eagle River Watershed Council
>>What is the Watershed Council?
PO Box 1477 | Gypsum, CO 81637
W: 970.827.5406 | C: 216.509.1454
Learn more at ERWC.org
EXAMPLE OF A POTENTIAL DESIGN GUIDE
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20
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w
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v
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S
np
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f
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Pr
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1
6
17
L
a
n
d
s
c
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p
e
D
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s
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g
n
#
1
2.
Si
d
e
o
a
t
s
G
r
a
m
a
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s
s
Bo
u
t
e
l
o
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a
c
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r
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i
p
e
n
d
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l
a
1.
L
e
a
d
p
l
a
n
t
Am
o
r
p
h
a
c
a
n
e
s
c
e
n
s
7.
Sp
r
e
a
d
i
n
g
D
a
i
s
y
Er
i
g
e
r
o
n
d
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v
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r
g
e
n
s
10
.
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e
n
i
n
g
-
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m
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e
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t
h
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p
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t
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s
a
4.
P
r
a
i
r
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e
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a
g
e
Ar
t
e
m
i
s
i
a
l
u
d
o
v
i
c
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a
n
a
3.
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o
c
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l
a
t
e
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l
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w
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r
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r
l
a
n
d
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e
r
a
l
y
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a
t
a
9.
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l
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e
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l
a
x
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n
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m
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w
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s
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i
11
.
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v
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s
8.
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s
s
y
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s
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t
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n
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a
r
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a
s
p
p
.
5.
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u
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l
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r
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l
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p
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1
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6
7
8
8
10
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11
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2
3
4
6.
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m
m
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n
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a
r
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t
0’
5’
1
8
19
1
5
6
7
8
9
2
3
4
6
6
2
La
n
d
s
c
a
p
e
D
e
s
i
g
n
#
2
Th
i
s
r
e
c
t
a
n
g
u
l
a
r
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a
t
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v
e
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a
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s
1
5
’
x
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’
.
T
h
e
r
a
b
b
i
t
b
r
u
s
h
,
p
u
s
s
y
t
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s
,
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n
d
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t
t
l
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b
l
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t
e
m
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v
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y
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a
r
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u
n
d
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n
t
e
r
e
s
t
a
n
d
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t
e
r
s
t
r
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c
t
u
r
e
.
T
h
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f
l
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w
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t
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r
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s
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g
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b
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r
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n
D
a
v
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d
s
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n
.
8.
Ch
o
c
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l
a
t
e
F
l
o
w
e
r
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r
l
a
n
d
i
e
r
a
l
y
r
a
t
a
9.
Wi
n
e
C
u
p
s
Ca
l
l
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r
h
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e
i
n
v
o
l
u
c
r
a
t
a
7.
Ga
y
f
e
a
t
h
e
r
Li
a
t
r
i
s
p
u
n
c
t
a
t
a
6.
Pu
s
s
y
t
o
e
s
An
t
e
n
n
a
r
i
a
sp
p
.
3.
Gl
o
b
e
m
a
l
l
o
w
Sp
h
a
e
r
a
l
c
e
a
sp
p
.
4.
Rk
y
.
M
t
n
.
P
e
n
s
t
e
m
o
n
Pe
n
s
t
e
m
o
n
s
t
r
i
c
t
u
s
.
5.
Ra
b
b
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t
b
r
u
s
h
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i
c
a
m
e
r
i
a
n
a
u
s
e
o
s
a
1.
Go
l
d
e
n
r
o
d
So
l
i
d
a
g
o
sp
p
.
2.
L
i
t
t
l
e
B
l
u
e
s
t
e
m
Sc
h
i
z
a
c
h
y
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m
s
c
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p
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r
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m
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m
b
e
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g
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co
r
r
e
s
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o
n
d
t
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p
l
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t
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l
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s
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e
d
0’
5’
2
0
21
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m
a
n
d
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o
r
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h
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l
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n
d
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s
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a
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t
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970-748-4045 jhildreth@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Justin Hildreth, Town Engineer
RE: Notice of Award – Fawcett Road Asphalt Overlay
DATE: January 3, 2023
SUMMARY: This report presents to Council a proposed Notice of Award for construction of the Fawcett
Road Asphalt Overlay Project as approved in the Town of Avon 2023 Capital Projects Fund.
DISCUSSION: The Fawcett Road Asphalt Overlay is generally a maintenance project along the
approximate 875-Feet of roadway from Yoder Avenue north to Post Boulevard as shown in Figure 1. The
project consists of the following components:
• Asphalt Milling
• Concrete Curb and Sidewalk Replacement in Select Areas
• Replacement of (6) Concrete Curb Ramps to Achieve ADA Compliance
• Replacement of Concrete Pavement at Bus Stop
• Removal of Damaged Concrete at North Traer Creek Plaza Entrance and Replacement with
Asphalt
• Asphalt Repair
• Asphalt Overlay
• Pavement Marking Along the Length of the Road
FIGURE 1: Fawcett Road Asphalt Overlay Site Map
Page 2 of 2
Staff advertised the Fawcett Road Asphalt Overlay Project for six weeks on Bidnet.com. The Bid Opening
was held on December 15, 2022, and (3) bids were received; 360 Paving LLC with a bid of $410,775,
JARRCO Construction LLC with a bid of $357,329, and United Companies with a bid of $764,852.
Town has successfully completed similar projects in recent years with 360 Paving LLC and United
Companies but has not contracted with JARRCO Construction LLC based in Colorado Springs. During the
vetting process, the Engineering Department contacted several references from the thorough list of projects
completed in the last two years by the low bidder, JARRCO Construction LLC. References (Salida,
Littleton, Lakewood, Canon City, and Winter Park) were all positive. This project is relatively straightforward
and generally consists of concrete replacement and asphalt mill / overlay. JARRCO Construction has
successfully completed projects of similar size and scope throughout the Front Range. We recommend
Notice of Award for the Fawcett Road Asphalt Overlay Project to JARRCO Construction LLC in the amount
of $357,329.
Construction Schedule: The proposed work is scheduled to begin in early May and an approximate four
to six-week construction period is anticipated. Contractually, the work must be completed by June 15, 2023.
Liquidated damages will be assessed at $1,500 / day if the project completion data extends after June 15,
2023 and increased to $3,000 / day after 30 days.
BUSINESS OUTREACH: Staff will contact business owners and property owners impacted by this road
project by both email and personal visits to provide project information and schedule dates.
FINANCIAL CONSIDERATIONS: The construction contract for the Project will be funded from the 2023
Street Improvements Projects budget as approved in the Town of Avon 2023 Capital Projects Fund. The Project
cost estimate is shown in Table 1 below and includes 10% contingency.
Table 1: Fawcett Road Asphalt Overlay Project Cost Estimate
Available Funds Budget $440,000
Construction Cost $357,329
Design $8,640
Geotechnical Testing Services $4,000
Contingency (10 %) $35,733
Total $405,702
RECOMMENDATION: Staff requests Council authorization to award the Fawcett Road Asphalt Overlay
Project Contract to JARRCO Construction LLC in the amount of $357,329.
PROPOSED MOTION: “I move to authorize issuance of Notice of Award for the Fawcett Road Asphalt
Overlay Project contract to JARRCO Construction LLC, in the amount of $357,329 as approved in the
Town of Avon 2023 Capital Projects Fund.”
Thank you, Justin
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 13, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:00:25
The meeting was hosted in person, at Avon Town Hall Council Chambers. Mayor Smith Hymes called the
December 13, 2022 Council regular meeting to order at 5 p.m. A roll call was taken, and Council
members present were Sarah Smith Hymes, Tamra Underwood, RJ Andrade, Lindsay Hardy, Amy Phillips,
Scott Prince and Chico Thuon. Also present in person were: Newly elected councilors Ruth Stanley and
Rich Carroll, Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl
Hanlon, Town Clerk Miguel Jauregui Casanueva, Deputy Town Clerk Brenda Torres, Chief of Police Greg
Daly, Finance Director Scott Wright, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker,
Public Works Director Eva Wilson, Recreation Director Michael Labagh, George Gregory who is Secretary
of the Eagle River Water and Sanitation District and Chairman of the Board of the Upper Regional Water
Authority, and Steve Coyer who is Treasurer of the Eagle River Water & Sanitation District Board of
Directors and Chairman of the Board of YouthPower365.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:50
Mayor Smith Hymes initiated the meeting with the Agenda approval process. Councilor Underwood
moved to approve the Agenda. Councilor Phillips seconded the motion to Approve the agenda. It was
approved with a vote of 6 to 0 by those Councilors present. At time of voting on the approval of the
Agenda, Councilor Thuon was away from his seat and did not cast a vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:0 1:11
Mayor Smith Hymes asked if there were any conflicts of interest related to the Agenda and no conflicts
of interest were discussed or disclosed by Councilors.
4. PUBLIC COMMENT
Video Start Time: 00:0 1:21
Mayor Smith Hymes explained how to participate in the meeting via video/audio, via telephone, or via
email, and that this public comment section is intended for items not listed in the agenda. She added
participation by members of the public is limited to 3 minutes.
Mayor Smith Hymes called for public comments and local resident of Singletree George Gregory spoke
first, to thank Chief Daly and Matt Pielsticker on spearheading the initiative to add another point of
egress for the Singletree community, answering Singletree resident questions around that initiative, and
second, to thank Mayor Smith Hymes for her public service on the Upper Eagle Regional Water Authority
and on Town Council.
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 13, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL
After Mr. Gregory’s remarks, Mayor Smith Hymes asked for the record to show that Councilor Thuon
had returned to his seat.
Local resident of Mountain Star, Steven Coyer then spoke to thank Mayor Smith Hymes and Councilor
Prince for their years of service.
5. BUSINESS ITEMS
5.1. SWEARING IN OF NEW OFFICERS AND NATIONAL NIGHT OUT AWARDS (CHIEF OF POLICE GREG DALY) (25
MINUTES) 5:05
Video Start Time: 00:08:38
Chief Greg Daly led the swearing in of new and newly promoted officers, as follows: Master
Sergeant Jonathan Lovins, Sergeant John Mackey, Officer John DeGhetto, Officer Michael
Emery and Officer Rio Burgess . They were joined by their families as they took their oaths.
Chief Daly then recognized community Members, o rganizations, and businesses for their
support of 2022’s National Night Out . This included awarding recognition to Sigrid Escalante
with Walmart, Robbie Doman with Home Depot, Adam Rosario with the Farmer’s Market, Brian
Nolan with Blue Moose Pizza, Sarah Sprinkler with Bob’s Place, Pastor Michael Carlton with
Mountain Life Calvary Chapel , Margaret Martinez with Chase Bank, Eva Klejova with Gondola
Pizza, and Music DJs Sergeant B. Herrera, Jordan Lyles , and Omar Loya.
5.2. PUBLIC HEARING: SECOND READING ORDINANCE 22-16: APPROVING INTERNATIONAL BUILDING CODES
(PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 5:30
Video Start Time: 00:26:45
Planning Director Matt Pielsticker presented the second and final reading for the adoption of
the 2021 International Building Code. Councilors acknowledged the complexity of a decision
to adopt this building code based on its impact to sprinkler system req uirements for new
construction s. After deliberations from Council, public input was heard. Rob Geislinger with
the National Fire Sprinkler Association spoke in favor of adopting the ordinance, as presented.
Fire Marshal Michael “Mick” Woodworth expressed support for the adoption of the new building
code, as presented. Avon Residents Sean Reynolds and Alexandra Arana expressed they were
not in favor of adopting the new building code as presented, noting the sprinkler mandate on
all new construction would inc rease complexity and construction costs for new homes.
After deliberations and public comments, Council took a vote on the adoption of Ordinance No.
22-16. Councilor Andrade moved to approve the Ordinance. Mayor Pro Tem Phillips seconded the
approval of the Resolution. The Resolution was approved with a vote of [4-3]. Mayor Smith Hymes,
Mayor Pro Tem Phillips, and Councilors Andrade and Underwood voted yea. Councilors Hardy,
Prince, and Thuon voted nay.
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 13, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL
5.3. PUBLIC HEARING FOR THE ADOPTION OF THE 2022 FINAL REVISED BUDGETS, 2023 OPERATING BUDGET,
2023 CAPITAL PROJECTS FUND BUDGET & LONG-RANGE CAPITAL PROGRAM AND TAX LEVIES (FINANCE DIRECTOR
SCOTT WRIGHT) (30 MINUTES) 6:00
O RESOLUTION 22-26, AMENDING THE 2022 TOWN OF AVON OPERATING FUNDS BUDGETS
O RESOLUTION 22-27, AMENDING THE 2022 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET
O RESOLUTION 22-28, ADOPTING THE 2023 TOWN OF AVON OPERATING FUNDS BUDGET
O RESOLUTION 22-29, ADOPTING THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY
ADOPT THE 2023 CAPITAL PROJECTS FUND BUDGET
O RESOLUTION 22-30, LEVYING GENERAL PROPERTY TAXES FOR THE AVON GENERAL IMPROVEMENT DISTRICT NO.
1 FOR THE 2023 BUDGET YEAR
O RESOLUTION 22-31, LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON FOR THE 2023 BUDGET YEAR
RECESS TO ALLOW AVON TOWN COUNCIL TO CONVENE AS THE AVON URBAN RENEWAL AUTHORITY BOARD
SEE ATTACHED AVON URBAN RENEWAL AUTHORITY AGENDA (10 MINUTES) 6:30
RECONVENE THE AVON TOWN COUNCIL MEETING
Video Start Time: 01:18:10
Finance Director Scott Wright presented the final reading for the adoption of Resolutions 22-
26, 22 -27, 22-28, 22-29, 22-30, and 22 -31. There was no public comment. After deliberations
from Councilors, Mayor Smith Hymes explained the need for two separate motions. The first to
pass Resolutions 22 -26 and 22 -27 referring to the amendment of the 2022 budget. The second
to pass Resolutions 22 -28, 22-29, 22-30, and 22 -31 referring to the 2023 budget.
Mayor Pro Tem Phillips moved to approve Resolutions 22-26 and 22-27. Councilor Underwood
seconded the approval of these Resolutions. The Resolutions were approved with a [7-0] unanimous
vote. Mayor Pro Tem Phillips then moved to approve Resolutions 22-28, 22-29, 22-30, and 22 -31.
Councilor Andrade seconded the approval of these Resolutions. The Resolutions were approved
with a [7-0] unanimous vote.
At the 01:33:33 mark, Mayor Smith Hymes called for a recess to allow the Town Council to convene
as the Avon Urban Renewal Board. At the 01:37:33 mark, Council ors reconvened after their recess.
6. MINUTES
Video Start Time: 01:37:40 pm
Town Clerk Miguel Jauregui Casanueva presented the Regular Council Meeting Minutes dated
November 15, 2022 . Mayor Smith Hymes asked for the name of Linn Brooks of the Eagle River
Water & Sanitation District, to be corrected with an I for Linn instead of a Y for Lynn. Councilor
Prince asked that in the last paragraph of section 7.1, the word budget be replaced with update
after Capital Improvement Projects. After deliberations, Town Council took a vote on the ir
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 13, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL
approval, with the 2 corrections mentioned. Mayor Pro Tem Phillips moved to approve the
Minutes, as amended. Councilor Underwood seconded the motion for approval of the Minutes, as
amended. The Minutes were approved as amended with a [7-0] unanimous vote.
7. OUTGOING COUNCIL
7.1. Proclamations in Appreciation of Service (10 Minutes) 6:45
Video Start Time: 01:39:30 pm
Mayor Smith Hymes read the proclamation thanking Scott Prince for His Years of Service. Mayor Pro
Tem Phillips read the Proclamation Thanking Sarah Smith Hymes for Her Years of Service.
7.2. Outgoing Council Comments (15 MINUTES) 6:55
Video Start Time: 01:39:55 pm
Councilor Prince gave his outgoing remarks, reflecting on the lessons he learned as Councilor, and
thanking his family and others.
Mayor Smith Hymes celebrated the Net Zero Building Expo’s success. She then stated she and Mayor
Pro Tem Phillips have continued conversations with Representative Joe Neguse on how to address
the issues with the Avon Post Office. She moved on to congratulate Linn Brooks for her hard work
and retirement from the Eagle River Water & Sanitation District. She remarked that even though
the I-70 underpass was not a unanimous vote, it was approved due to public safety concerns.
Mayor Smith Hymes then gave her outgoing remarks, in turn reflecting on the lessons captured in
notes to herself, reading them out loud, and thanking her family and others.
At the 02:00:55 mark, Mayor Smith Hymes called for a recess for outgoing Councilors to c ollect their
belongings before departing. A picture of the then composition of Councilors was captured by staff. At
the 02:04:10 mark, Councilors reconvened after their brief recess.
8. BUSINESS ITEMS PART II.
8.1. New Council Swearing In and Election of Officers (35 minutes) 7:10
Video Start Time: 02:05:45 pm
A. Reading the Names of Newly Elected Council Members (Town Clerk Miguel Jauregui
Casanueva)
Newly elected Councilors Ruth Stanley and Rich Carroll were called to join their fellow newly elected
Councilors Underwood and Thuon at the podium.
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 13, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL
B. Swearing In and Seating of New Council members (Judge Buck Allen)
Mayor Pro Tem Phillips suggested to the other Councilors to remain in their seats, while Judge Cyrus
G. “Buck” Allen III swore-in the newly elected Councilors, who then took a seat.
C. Election of Mayor and Mayor Pro Tem
1. Roll Call of New Council
Town Clerk Jauregui took a rollcall and all elected Councilors were present and accounted for.
2. Nominate and Elect a Temporary Chairperson
Councilor Underwood nominated Deputy Town Manager Patty McKenny as Council’s temporary
chairperson. Mayor Pro Tem Phillips seconded the nomination, and no Councilor expressed
disagreement with the nomination. At that time, Ms. McKenny explained the nomination and
election process to select the next Mayor and Mayor Pro Tem. Councilor Carroll asked his fellow
Councilors to reflect on the role of the mayor’s position, before taking a vote.
3. Nominate and Elect Mayor
a. Nominations
b. Statements by Nominees
c. Ballot Voting
d. Reading of Ballots
Councilor Stanley nominated then-Mayor Pro Tem Phillips to take on the role of Mayor. Councilor
Underwood seconded the nomination. No other nominations for Mayor were made and a vote by
ballot was taken. Councilors Hardy, Underwood, Stanley, Phillips, and Carroll voted yea. Councilors
Thuon and Andrade abstained from voting. With [5] votes in favor, and [2] abstentions, the motion
to designate Councilor Phillips as Mayor passed. Newly elected Mayor Phillips did not make a
statement at that time.
4. Nominate and Elect Mayor Pro Tem
a. Nominations
b. Statements by Nominees
c. Ballot Voting
d. Reading of Ballots
Mayor Phillips then took over the nominations proceeding from Ms. McKenny and as her first act,
asked fellow-Councilors to nominate a Mayor Pro Tem. Councilor Carroll nominated Councilor
Underwood as Mayor Pro Tem. Councilor Andrade seconded the nomination. No other nominations
for Mayor Pro Tem were made and a vote by ballot was taken. Councilors Hardy, Underwood,
Stanley, Phillips, Andrade, and Carroll voted yea. Councilor Thuon abstained from voting. With [6]
votes in favor, and [1] abstention, the motion to designate Councilor Underwood as Mayor Pro Tem
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 13, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL
passed. Newly elected Mayor Pro Tem Underwood did not make a statement at that time.
Mayor Phillips asked Councilors to remain in their current seats and advised that permanent seating
assignments will be decided in the next Council meeting.
8.2 Resolution No. 22-33: Appointing member to the Eagle Valley Transportation Authority (Town
Manager Eric Heil) (10 Minutes) 7:45
Video Start Time: 02:22:18 pm
Town Manager Eric Heil presented resolution 22-33 and explained the urgency and importance of
appointing the primary member and alternate to the Eagle Valley Transportation Authority Board,
due to the upcoming kick-off board meeting to take place in a few days. After discussion, Mayor
Phillips asked if there was any public comment, which there was none. After deliberations and public
comments, Mayor Pro Tem Underwood moved to approve Resolution 22-33, nominating Mayor
Phillips as primary member and Councilor Andrade as alternate to the Board of the Eagle Valley
Transportation Authority. Councilor Carroll seconded the approval of the Resolution. The Resolution
was approved with a [7-0] unanimous vote. Discussions on where these Board meetings take place
followed, including a request to record and televise them in the future.
8.3 Resolution 22-25: Appointing Buck Allen as Municipal Judge for Town of Avon (Deputy Town
Manager Patty McKenny and Town Clerk Miguel Jauregui Casanueva) (5 Minutes) 7:55
Video Start Time: 02:28:15 pm
Mayor Phillips asked Deputy Town Manager Patty McKenny to present Resolution 22-25. After
discussion, Mayor Phillips asked if there was any public comment, which there was none. After
deliberations and public comments, Mayor Pro Tem Underwood moved to approve Resolution 22-
25, reappointing Cyrus G. “Buck” Allen III as Avon’s Municipal Judge. Councilor Andrade seconded
the approval of the Resolution. The Resolution was approved with a [7-0] unanimous vote. Judge
Allen thanked Council for his reappointment.
8.4 Notice of Award, Recreation Center and Heat Recovery Controls Replacement Project (Town
Engineer Justin Hildreth) (5 Minutes) 8:00
Video Start Time: 02:31:09 pm
Mayor Phillips asked Engineer Justin Hildreth to present the Notice of Award for the Recreation
Center and Heat Recovery Controls Replacement Project. Councilor Carroll asked questions related
to the project, including the contract that regulates it. Town Engineer Hildreth answered his
questions related to the project while Town Attorney Karl Hanlon answered questions related to
the contract’s form. After additional discussion from Mayor Pro Tem Underwood, and Councilors
Thuon and Andrade, Mayor Phillips asked if there was any public comment, which there was none.
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 13, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL
After deliberations and public comments, Mayor Pro Tem Underwood moved to approve the Notice
of Award related to the Recreation Center and Heat Recovery Controls Replacement Project.
Councilor Carroll seconded the approval of the motion. The Resolution was approved with a [7-0]
unanimous vote.
8.5 Resolution 22-32: Supporting the Recycling Resources Economic Opportunity (RREO) grant
application (Sustainability Coordinator Charlotte Lin) (5 Minutes) 8:05
Video Start Time: 02:50:49 pm
Mayor Phillips invited Sustainability Coordinator Charlotte Lin to present Resolution 22-32,
supporting the Recycling Resources Economic Opportunity grant application. Mayor Pro Tem
Underwood, Councilors Hardy, Thuon, and Andrade asked questions related to the Styrofoam
recycling machine to be acquired if the grant application is successful, including questions related
to future staffing to operate it. After discussion, Mayor Phillips asked if there was any public
comment, which there was none. After deliberations and public comments, Councilor Andrade
moved to approve Resolution 22-32. Councilor Hardy seconded the approval of the Resolution. The
Resolution was approved with a [7-0] unanimous vote.
9. WRITTEN REPORTS
9.1. Construction and Road Closure Update (Town engineer Justin Hildreth)
9.2. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva)
9.3. November 9th Finance Committee Meeting Minutes (General Government Manager Ineke de Jong)
9.4. November 15th and December 6th Planning and Zoning Commission Meeting Abstracts (Planner 1+
Max Morgan)
9.5. November 17th CASE Committee Meeting Minutes (Town Clerk Miguel Jauregui Casanueva)
9.6. Avon Pumpkin Compost Program Outcome (Sustainability Coordinator Charlotte Lin)
9.7. Summary of E-Bike Share Program (Transit Operations Manager Jim Shoun)
9.8. Upper Eagle Regional Water Authority Sept 22, 2022 Board Meeting Summary (Mayor Sarah
Smith Hymes)
9.9. Upper Eagle Regional Water Authority Oct 27, 2022 Board Meeting Summary (Mayor Sarah Smith
Hymes)
10. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:50:50
Mayor Smith Hymes asked Council if there were any comments or meeting updates from other
Councilors.
Councilor Carroll asked when it would be appropriate to ask questions related to Report 9.1, and Mayor
Phillips explained when there are discussions related to a written report, the report gets pulled off the
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 13, 2022
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO THE ELECTIONS IN AVON TOWN HALL
agenda. Public Works Director Eva Wilson volunteered to answer questions related to this Report which
were related to the Metcalf culvert pipe collapse and repairs.
Councilor Thuon then spoke to his fellow Councilors regarding his abstention to vote in the Mayor and
Mayor Pro Tem elections. He shared his thoughts surrounding these appointments and the appointees
and expressed his hope for all Councilors to work together.
Councilor Stanley thanked her friends and family for their support and expressed her excitement to
serve on Council.
Councilor Andrade thanked former Mayor Smith Hymes and former Councilor Prince for their guidance
when he took over his seat two years ago and extended the same courtesy to Councilors Stanley and
Carroll.
Mayor Phillips closed the session stating various commitments she will keep to in acting as the newly
elected Mayor.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the regular
meeting. The time was 7:55 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:
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
Tamra Underwood
Chico Thuon
Scott Prince
Lindsay Hardy
RJ Andrade
Ruth Stanley
Rich Carroll
1
AVON PLANNING & ZONING COMMISSION
MEETING ABSTRACT FOR COUNCIL
TUESDAY, DECEMBER 20, 2022 - MEETING BEGINS AT 5:00 PM
Mount Holy Cross Meeting Room – 2nd Floor
100 MIKAELA WAY – AVON TOWN HALL
1. CALL TO ORDER AND ROLL CALL
ACTION: THE MEETING WAS CALLED TO ORDER AT 5:03PM BY CHAIRPERSON NUSBAUM
A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE MARTY GOLEMBIEWSKI, BILL GLANER, STEVE
NUSBAUM, KEVIN HYATT, TOM SCHAEFER AND ANTHONY SEKINGER. ALSO PRESENT WERE PLANNING DIRECTOR MATT
PIELSTICKER, AICP, SENIOR PLANNER JENA SKINNER, AICP, AND PLANNER 1+ MAX MORGAN. PAUL BARTSCH, THE
APPLICANT FOR VAR22003 & SGN22004, WAS ALSO PRESENT.
COMMISSIONER DONNA LANG WAS NOT IN ATTENDANCE.
2. APPROVAL OF AGENDA
ACTION: COMMISSIONER GOLEMBIEWSKI MOTIONED TO APPROVE THE AGENDA. THE MOTION WAS SECONDED BY
COMMISSIONER SCHAEFER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM
THERE WERE NONE
4. PUBLIC HEARING – FILE #VAR22003 AND FILE #SG22004 - VARIANCE AND SIGN DESIGN – 147 NOTTINGHAM
ROAD (PLANNER 1+ MAX MORGAN)
PUBLIC COMMENTS: THERE WERE NO PUBLIC COMMENTS
ACTION: COMMISSIONER SCHAEFER MOTIONED TO APPROVE #VAR22003. THE MOTION WAS SECONDED BY
COMMISSIONER HYATT. THE MOTION TO APPROVE WAS APPROVED UNANIMOUSLY, 6-0.
ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE #SGN22004. THE MOTION WAS SECONDED BY
COMMISSIONER GLANER. THE MOTION TO APPROVE WAS APPROVED UNANIMOUSLY, 6-0.
5. CONTINUED PUBLIC HEARING – FILE #CTA22004 – LANDSCAPE CODE AMENDMENTS TO INCORPORATE WATER
BUDGETING AND OTHER BEST PRACTICES (PLANNING DIRECTOR, MATT PIELSTICKER).
PUBLIC COMMENTS: THERE WERE NO PUBLIC COMMENTS
ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE #CTA22004. THE MOTION WAS SECONDED BY
COMMISSIONER GOLEMBIEWSKI. THE MOTION TO APPROVE WAS APPROVED UNANIMOUSLY, 6-0.
6. CONSENT AGENDA
6.1. DECEMBER 6, 2022 PLANNING AND ZONING COMMISSION MEETING MINUTES
2
ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE THE CONSENT AGENDA . THE MOTION WAS
SECONDED BY COMMISSIONER HYATT. THE MOTION TO APPROVE THE CONSENT AGENDA WAS APPROVED
UNANIMOUSLY, 6-0.
7. ADJOURN
ACTION: COMMISSIONER NUSBAUM ADJOURNED THE MEETING AT 5:55PM
THESE MEETING NOTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING.
THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT,
PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE
RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE
OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION
REQUEST.
RESPECTFULLY,
MAX MORGAN
970-748-4093 kspadi@avon.org
TO: Honorable Mayor Amy Phillips Council Members
FROM: Karyne Spadi, Manager, Human Resources, Safety & Risk
RE: 2020 - 2021 Loss Control Audit Results
DATE: January 4, 2023
SUMMARY: The attached letter from the CRISA loss control representative reflects the results of the Town
of Avon’s annual loss control audit which is completed with representatives and is used to assess the
town’s risk management program. As a result of the audit in November 2022, the town’s program secured
a total score of 107 out of a possible 100 for our safety efforts and initiatives during the 2020 – 2021 period.
The Town’s program score reflects that additional safety training and measures have been taken which
helped us achieve the over 100 (perfect) score. The Town’s Manager of Human Resources and Safety &
Risk oversees the program as well as the Town’s safety committee which includes a representative from
each department. We are very appreciative of the department-wide involvement on the safety committee
and the town’s managers’ in ensuring safety measures and performance is a priority. This has contributed
to the success of the program. The report is informational only with no action required.
BACKGROUND: CIRSA is a Municipal Self-Insurance Pool formed by Colorado municipalities for
Municipalities by intergovernmental agreement. With more than 280 municipalities and special districts,
CIRSA serves Colorado public entities to provide property, general and automobile liability coverage to its
members. CIRSA, the Town’s property and liability insurance carrier provides coverage should any of the
forementioned incidences occur. The Colorado Intergovernmental Risk Sharing Agency’s (CIRSA) Risk
Control Department performs an audit of the Town’s Risk Management program to determine
compliance within the standards as well as to conduct property & infrastructure inspections. Members
who achieve at least 90% compliance are awarded Risk Control Credits (funds). These funds may be
used to purchase needed environmental, health, or safety equipment or to offset their annual
contribution.
Members are required to adopt CIRSA’s Bylaws and Intergovernmental Agreement and are committed to
following the risk control standards and procedures adopted by the CIRSA Board of Directors. Thus,
adherence to the Risk Control Standards is an obligation of members. Effective risk control programs have
proven to reduce incidents, accidents, claims, and associated costs. A portion of an effective risk control
program includes an established and well-maintained comprehensive risk management program
incorporating include monthly safety meetings; new and current employee quarterly and annual trainings;
safety inspections; in addition to an annual compliance audit.
Thank you, Human Resources & Risk Manager Karyne Spadi
ATTACHMENT A: 2020-2021 Loss Control Audit Report
November 17, 2022
Karyne Spadi, HR, Safety & Risk Mgr.
Town of Avon
Avon, Colorado 81620
Dear Karyne:
It was a pleasure working with the Town of Avon to perform the most recent audit of the Risk
Control Standards, assist in developing a Risk Control Action Plan, and to review your claims
experience.
I. ANNUAL LOSS REVIEW
In 2021, there were 18 Property/Casualty (PC) claims that were reported and closed that totaled
$116,029. There was one specific Public Relations/Public Expense Breach claim reported and
closed that totaled $89,451.
II. CURRENT ACTION PLAN
Create JSA’s for each department.
Pool WC PC
Audit score: 0 107
Based upon our discussion, the following Risk Control Action Plan items will be implemented
and evaluated during the next audit cycle.
Maintain continual training program for the Town of Avon.
As a reminder, it is necessary to keep documentation of training for future audits.
Documentation may be in the form of hard copies, a software program, a database, or any
other chosen method, where the entity can show proof of employee attendance.
Thank you for your time and effort.
Sincerely,
Emeka Madu
Risk Control Representative
ENTITY: Town of Avon
DATE: November 17, 2022
RISK CONTROL REP: Emeka Madu
WC Pool: No
PC Pool: Yes
Department Total WC Points WC% Total PC Points PC%
Received Possible Received Possible
ADMINISTRATION 0 0 0 16 17 94
PARKS 0 0 0 10 10 100
POLICE 0 0 0 9 9 100
FACILITY MAINTENANCE 0 0 0 3 3 100
PW ‐ VEHICLE
MAINTENANCE/SERVICE
0 0 0 7 7 100
PW ‐ STREETS AND ROADS 0 0 0 15 15 100
PW ‐ TRANSIT 0 0 0 3 3 100
RECREATION 0 0 0 9 9 100
Total 0 0 0 72 73 99
WC Score 0 PC Score 99
WC Action Points 0 PC Action Points 0
Subtotal 0 Subtotal 99
If >=90 Apply Bonus Points If >=90 Apply Bonus Points
WC Bonus Points (10 Points Max.) 0 PC Bonus Points (10 Points Max.) 8
Final WC Score 0 Final PC Score 107
To be eligible to receive Risk Control Credits, the final audit score should be at least 90%
FRONT COUNTRY
RANGER PROGRAM
END OF SEASON REPORT 2022
FRONT COUNTRY
CREW
Forest Service Employees
Mae Watson
Dylan Roth
RMYC Interns
Shane Heath
Hannah Brailer
Aaron Gootee
FOCUSED MANAGEMENT PRIORITIES
Fire Prevention
and Education
Dispersed
Campsite
Monitoring and
Clean-Up
Implement new
User Regulations
Developed Site
Enhancements
FIRE PREVENTION AND EDUCATION
FC Rangers called in Homestake Fire and
assisted with Containment
Put out 16 unattended campfires
*down from 24 in 2021
0 1 2 3 4
Homestake Road
Muddy Pass
Red Sandstone/Piney
Shrine Road
Tigiwon Road
Coffee Pot Road
Deep Lake Campground
Fulford Cave Campground
Yeoman Park Campground
Fires Put Out by Area
0
2
4
6
8
10
12
14
16
18
20
FRONT COUNTRY PATROLS BY AREA
122 Total Patrols
N. of Vail
44
35%
Highway 24
51
40%
Down Valley
32
25%
Total Patrols by Zone
N. of Vail Highway 24 Down Valley
North of Vail
East Vail Trails
Red Sandstone/Muddy Pass
Berry to June Creek
Piney Designated Dispersed Sites
Highway 24
Camp Hale
Tigiwon Road
Minturn Trailheads
Two Elk Shooting Range
No Name
Klettergarden
Homestake
Shrine Pass/Lime Creek
Down Valley
Edwards THs
Coffee Pot
Hardscrabble
Gypsum Creek
Hat Creek
Nolan/Fulford/Yeoman
Total Patrols: 122
N. of Vail
599
42%
Highway 24
558
40%
Down Valley
252
18%
Dispersed Contacts by Zone
N. of Vail Highway 24 Down Valley
North of Vail
East Vail Trails
Red Sandstone/Muddy Pass
Berry to June Creek
Piney Designated Dispersed Sites
Highway 24
Camp Hale
Tigiwon Road
Minturn Trailheads
Two Elk Shooting Range
No Name
Klettergarden
Homestake
Shrine Pass/Lime Creek
Down Valley
Edwards THs
Coffee Pot
Hardscrabble
Gypsum Creek
Hat Creek
Nolan/Fulford/Yeoman
Total Contacts: 1409
DISPERSED SITE
MANAGEMENT
228 Dispersed Sites Visited
1,409 Total Public Contacts
49 Educational Contacts & Warnings
35 Suspected Residential Users
GARBAGE AND
ABANDONED
PROPERTY
201 Garbage Bags Removed
*131 Bags Removed in 2021
201 Bags @ 30lbs. a Bag =
6,037lbs.of Garbage Removed
*3,930 lbs. Removed in 2021
3 abandoned cars and camper
trailers removed
DOG & HUMAN
WASTE
104 Bags of Dog Waste and dog
waste bags removed
*544 Collected in 2021
360 Piles of Human Waste
Mitigated
*300 Piles Mitigated in 2021
**185 piles along Gypsum Creek
POUNDS OF GARBAGE
REMOVED BY DISPERSED ZONE
North of Vail
East Vail Trails
Red Sandstone/Muddy Pass
Berry to June Creek
Piney Dispersed Sites
Highway 24
Camp Hale
Tigiwon Road
Minturn Trailheads
Two Elk Shooting Range
No Name
Klettergarden
Homestake
Shrine Pass/Lime Creek
Down Valley
Edwards THs
Coffee Pot
Hardscrabble
Gypsum Creek
Hat Creek/Nolan/Fulford/Yeoman
N. Vail
1875 lbs
31%
Hwy 24
2280 lbs
38%
Down Valley
1882.5 lbs
31%
FOCUS AREA: TWO ELK TARGET RANGE
1065 lbs. of Trash Removed
During the Season
17.6%of Total Garbage
Collected from the Forest
Weekly Visits to Clean Up Range
and educate users
Hosted Volunteer Night to
Assist with Clean Up
FOCUS AREA: EAST VAIL TRAILS
46 Patrols
298 Contacts
Made
38 of the Contacts
Were Educational
Warnings
*emphasis on
wildlife
messaging
•Almost 100 Wag Bags
Handed out
•194 lbs. of Trash
Removed, 3.9%of Total
Garbage from the
Season
•34 Dog Bags and 8
Human Waste Piles
Mitigated
FOCUS AREA: GYPSUM CREEK
Conducted Dispersed
Campsite Inventory
Identified 21
campsites that are
within 100’of water
1,012 lbs of Garbage
Collected= 16.8%of
Total Collected Across
the Forest
185 Human Waste Piles
Mitigated
FOCUS: NEW USER
REGULATIONS
Camping stay limit
reduced from 14 to 7
days
Self-contained for solid
human waste along
Homestake Roads
Party size reduced at
Yeoman Park Day Use,
Julia’s Deck, and
Homestake Roads
Travel Management-Built barricades
on non-system roads in the Flat Tops
to protect resources
Sam’s Spring closure
DEVELOPED SITE MANAGEMENT
184 Developed Site Visits
1,126 Contacts
21 Educational
Contacts/Warnings
DEVELOPED SITE
MANAGEMENT BY
THE NUMBERS
559 Fire Rings Cleared
288 Bear Boxes Cleaned
CXTs Cleaned 462 Times
276 Garbage Bags
Removed
276 x 25 lbs. per Bag=
6,900 lbs. of Trash
Removed
108 Dog Piles Mitigated
5 Human Piles Mitigated
Before After
YEOMAN PARK
CAMPGROUND
REOPENED
In partnership with National
Forest Foundation (NFF) and
Rocky Mountain Youth
Corps(RMYC).
Early June-Contractor funded
through a NFF grant removed
all hazard trees
Waiting Period to monitor
stand reaction
Early July-RMYC supported
FS to complete deferred
maintenance, install
infrastructure and welcome
back campground guests.
2022 FOREST SERVICE AND PARTNER FUNDS
Forest Service: $51,500
Salary for two rangers-
$17,000
Program supplies and
materials-$4,000
Vault toilet pumping-
$17,500
Administrative and
Recreation Staff-$13,000
Total Program
Cost:
$201,500
Partner Contributions: $150,000
Eagle County - $120,000
Materials and supplies
Colorado Springs Utilities -
$20,000
1 person Homestake
Watershed Ranger
National Forest
Foundation -
$10,000Personnel costs for 5
rangers
1 week Rocky Mountain
Youth Corps
WINTER
RANGER
PART-TIME
FOCUS:
WILDLIFE TRAIL
AMBASSADOR
WINTER PATROLS AT
HIGH-USE TRAILHEADS:
MEADOW MOUNTAIN,
RED SANDSTONE,
YEOMAN PARK
LOOKING TO THE FUTURE
2023 PROJECTS
Install ADA picnic tables and fire rings at
campgrounds-purchased with Great American
Outdoor Act funding-with Rocky Mountain
Youth Corps
Remove man-made toilets along Muddy Pass
Dispersed Campsite Inventories for Coffee Pot,
Shrine/Lime Creek, Muddy Pass
Developed Site Sign Installations in partnership
with Rocky Mountain Youth Corps Replacing in 2023
THANK YOU FOR YOUR CONTINUED SUPPORT
970-748-4044 dstockdale@avon.org
TO: FROM:
RE:
DATE:
Honorable Mayor Phillips and Council Members Dean Stockdale, Senior Accountant
Financial Report – September and October 2022 Data
November 21, 2022
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for September 2022 and the recreation fees and real estate transfer tax revenues for
October 2022.
BACKGROUND: The Town’s 2022 budget was adopted in December 2021. There have not been any
subsequent revisions to the adopted budget so far in 2023. The percentage variance, or comparative
change is reflected in the analysis portion of this report in respect to each individual section for September
and October revenues in 2022. Tax revenues are not budgeted on a monthly basis; however, for purposes
of analysis, monthly budget variances are based on a 3-year average of actual revenues.
REVENUE ANALYSIS:
Sales Tax: Revenues – October 2022: September sales tax revenues totaled $1,313,703. This is an
increase of $245,724 or 23.01% compared to September 2021 sales tax revenue of $1,067,978.
SEPTEMBER 2021 v SEPTEMBER 2022 SALES TAX COMPARISON BY INDUSTRY
September 2021 September 2022 Increase/Decrease
Home/Garden $119,551.97 $176,458.18 $56,906.21
Grocery/Specialty/Health $178,169.24 $186,809.90 $8,640.66
Sporting Goods Retail/Rental $43,787.30 $47,446.35 $3,659.05
Miscellaneous Retail $101,680.95 $86,466.11 ($15,214.84)
Accommodations $152,362.61 $159,861.54 $7,498.93
Restaurants/Bars $158,623.24 $188,088.20 $29,464.96
Other $17,062.09 $24,337.04 $7,274.95
Service Related $76,798.28 $69,178.81 ($7,619.47)
Liquor Stores $25,413.62 $15,201.65 ($10,211.97)
E-Commerce Retail $48,465.26 $58,916.18 $10,450.92
Manufacturing/Wholesale $35,571.89 $132,355.40 $96,783.51
Construction Related Services $66,877.69 $119,166.17 $52,288.48
Digital Media Suppliers/Sellers $19,954.20 $20,259.87 $305.67
Commercial/Industrial Equipment $23,565.57 $29,157.71 $5,592.14
Special Events $94.63 $0.00 ($94.63)
TOTAL $1,067,978.54 $1,313,703.11 $245,724.57
Page 2 of 9
Sales Tax: August 2022 Budget v Actual Collections: September 2022 sales tax revenues totaled
$1,313,703. This is an increase of $171,664 over the September 2022 estimates of $1,142,038. This is
15.03% over the adopted 2022 budget (based on a 3-year average).
SEPTEMBER 2022 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2022 Budget 2022 Actual Dollar Variance Percentage Variance
September $1,142,038.89 $1,313,703.11 $171,664.22 15.03%
680,720.64 903,289.81 893,931.44 1,067,978.54 1,313,703.11
32.70%
-1.04%
19.47%
23.01%
$300,000
$500,000
$700,000
$900,000
$1,100,000
$1,300,000
$1,500,000
2018 2019 2020 2021 2022
2018-2022 September Sales Tax Revenue Trend
Page 3 of 9
Accommodation Tax: Revenues – September 2022: Accommodation tax revenues totaled $167,762 for
the month of September. This is an increase of $2,963 or 1.80% compared to September 2021
accommodation tax revenues, which totaled $164,799. Accommodation tax collections by industry type for
September 2022 compared to September 2021 reported a decrease for Time Shares and Vacation Rentals
and an increase to hotels.
SEPTEMBER 2021 v SEPTEMBER 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY
September 2021 September 2022 Increase/(Decrease)
Timeshares $27,703.31 $24,036.79 ($3,666.52)
Hotels $61,075.37 $71,220.63 $10,145.26
Vacation Rentals $76,020.61 $72,505.14 ($3,515.47)
TOTAL $164,799.29 $167,762.56 $2,963.27
September 2022 Budget v Actual Collections: September 2022 accommodation tax revenues totaled
$167,762. This is a decrease of $14,744 over the September 2022 estimates of $182,506. This is (8.08%)
under the adopted 2022 budget (based on a 3-year average).
SEPTEMBER 2022 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2022 Budget 2022 Actual Dollar Variance Percentage Variance
September $182,506.65 $167,762.56 ($14,744.09) (8.08%)
85,258 89,363 95,187 164,799 167,763
4.81%6.52%
73.13%1.80%
$0
$25,000
$50,000
$75,000
$100,000
$125,000
$150,000
$175,000
$200,000
2018 2019 2020 2021 2022
2018-2022 September Accommodation Tax
Revenue Trend
Page 4 of 9
Short Term Rental Tax: Revenues – September 2022: STR Tax for Community Housing totaled $74,050
for the month of September. There are no previous period revenues for comparison. The amount of STR
Tax for Community Housing revenues collected year-to-date compared to the annual budget of $750,000
represents 116.15%. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are
zoned as residential.
SEPTEMBER 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY
September 2022
Timeshares $12,018.38
Hotels $27,265.42
Vacation Rentals $34,766.43
TOTAL $74,050.23
Tobacco & Cigarette Tax: Revenues – September 2022: Tobacco tax revenues totaled $29,581 and
cigarette tax revenues totaled $20,984 for September 2022. Compared to September 2021 revenues, this
is an increase of $5,649 for tobacco tax revenues, which totaled $23,932 and a decrease of $1,356 for
cigarette tax revenues, which totaled $22,341.
12,647 19,330 23,932 29,582
52.85%
23.81%
23.60%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2019 2020 2021 2022
2019-2022 September Tobacco Tax Revenue
Trend
Page 5 of 9
September 2022 Adopted Budget v Actual Collections: September 2022 tobacco and cigarette tax
revenues totaled $29,581 and $20,984, respectively. This is an increase of $3,938, over the September
2022 budget for tobacco tax, which is $25,643 and a decrease of $1,366 over the September 2022 budget
for cigarette tax estimates, which is $22,350 which is based on a 3-year average.
SEPTEMBER 2022 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2022 Budget 2022 Actual Dollar Variance Percentage
Variance
Tobacco $25,643.64 $29,581.67 $3,938.03 15.36%
Cigarettes $22,350.52 $20,984.40 ($1,366.12) (6.11%)
Total $2,571.90
15,846 23,973 22,341 20,984
51.28%
-6.81%-6.07%
-
5,000
10,000
15,000
20,000
25,000
30,000
2019 2020 2021 2022
2019-2022 September Cigarette Excise Tax
Revenue Trend
Page 6 of 9
Real Estate Transfer Tax: Revenues – October 2022: October 2022 real estate transfer tax totaled
$712,882. Compared to October 2021, which totaled $1,015,510, this is a decrease of $302,628. This is
an increase of $230,464 over the October 2022 budget which was based on a 3-year average.
OCTOBER 2022 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2022 Budget 2022 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $482,417.38 $712,882.28 $230,464.90 47.77%
$330,671 $359,783 $906,843 $1,015,510 $712,882
8.80%
152.05%
11.98%
-29.80%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
2018 2019 2020 2021 2022
Real Estate Transfer Tax October Revenue
Trends
Page 7 of 9
Recreation Center Fees: Revenues – October 2022 Admissions & Program Fees: Recreation
admission revenues for October 2022 totaled $45,945, an increase of $12,838 compared to October 2021
which totaled $33,107. This is $5,444 over the adopted 2022 budget estimates of $40,501. Recreation
program fee revenues for October 2022 totaled $16,334. This is a decrease of $487 compared to 2021,
which totaled $16,821. This is $6,654 under the adopted 2022 budget estimates, which is $22,988 which is
calculated based on a 3-year average.
59,693 58,056 28,628 33,107 45,946
-2.74%
-50.69%
15.65%
38.78%
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
2018 2019 2020 2021 2022
Recreation Admissions October Revenue Trends
$26,783 $22,589 $18,070 $16,821 $16,334
-15.66%
-20.01%-6.91%-2.90%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2018 2019 2020 2021 2022
Recreation Program Fees October Revenue
Trends
Page 8 of 9
Tax Revenue Comparison – YTD 2021 v 2022: All revenues except for Cigarette tax and RETT are
reporting an increase for 2022 compared to 2021. Below is a table which reflects the dollar change and
percentage variance.
Adopted Budget 2022 v Actual 2022: All revenues except for Cigarette tax and Recreation Program Fees
reflect a positive variance over the 2022 budget. Below is a table which reflects the dollar change and
percentage variance.
2021 v 2022 Year-to-Date Revenue Comparison
2021 YTD 2022 YTD Dollar Variance Percentage
Variance
Sales Tax $8,245,738.59 $9,633,990.80 $1,388,252.21 16.84%
Acc. Tax $1,529,125.64 $1,934,290.80 $405,165.16 26.50%
Tobacco Tax $225,492.83 $261,296.16 $35,803.33 15.88%
Cigarette Tax $195,573.00 $185,449.89 ($10,123.11) -5.18%
RETT $5,001,229.42 $4,959,367.59 ($41,861.83) -0.84%
Rec Admissions $500,033.63 $813,671.47 $313,637.84 62.72%
Rec Program Fees $274,669.25 $285,871.92 $11,202.67 4.08%
2022 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $8,489,277.41 $9,633,990.80 $1,144,713.39 13.48%
Acc. Tax $1,878,432.42 $1,934,290.80 $55,858.38 2.97%
STR Tax for CH $562,500.00 $871,091.33 $308,591.33 54.86%
Tobacco Tax $222,200.51 $261,296.16 $35,803.33 17.59%
Cigarette Tax $194,346.62 $185,449.89 ($8,896.73) -4.58%
RETT $2,487,145.29 $4,959,367.59 $2,472,222.30 99.40%
Rec Admissions $501,404.61 $813,671.47 $312,266.86 62.28%
Rec Program Fees $349,411.14 $285,871.92 ($63,539.22) -18.18%
Page 9 of 9
EXPENDITURES:
General Fund YTD Actuals v 2022 Budget: General Fund expenditures through October 2022 total
$13,917,627 which is 64.56% of the total adopted budget. These expenditures include all wages, health
benefits, events, computer services, operating cost, legal services, and utilities.
Mobility Fund YTD Actuals v 2022 Budget: Mobility Fund expenditures through October 2022 total
$3,489,788 which is 60.02% of the total adopted budget. These expenditures include cost for wages, health
benefits, consulting services, utilities, and bike share program.
Fleet Maintenance YTD Actuals v 2022 Budget: Fleet Maintenance expenditures through October 2022
total $1,281,516.77 which is 72.84% of the total adopted budget. These expenditures include wages, health
benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Capital Projects Fund YTD Actuals v 2022 Budget: The Capital Improvement expenditures through
October 2022 total $3,112,450 which is 27.96% of the total adopted budget. These expenditures include
construction cost, design/contracts, and professional services.
Thank you,
Dean
970-748-4044 dstockdale@avon.org
TO: FROM:
RE:
DATE:
Honorable Mayor Phillips and Council Members Dean Stockdale, Senior Accountant
Financial Report – October and November 2022 Data
December 8th, 2022
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for October 2022 and the recreation fees and real estate transfer tax revenues for
November 2022.
BACKGROUND: The Town’s 2022 budget was adopted in December 2021. There have not been any
subsequent revisions to the adopted budget so far in 2023. The percentage variance, or comparative
change is reflected in the analysis portion of this report in respect to each individual section for October and
November revenues in 2022. Tax revenues are not budgeted on a monthly basis; however, for purposes of
analysis, monthly budget variances are based on a 3-year average of actual revenues.
REVENUE ANALYSIS:
Sales Tax: Revenues – November 2022: October sales tax revenues totaled $791,237. This is an
increase of $44,062 or 5.09% compared to October 2021 sales tax revenue of $747,175.
OCTOBER 2021 v OCTOBER 2022 SALES TAX COMPARISON BY INDUSTRY
October 2021 October 2022 Increase/Decrease
Home/Garden $92,466.76 $149,170.19 $56,703.43
Grocery/Specialty/Health $155,632.52 $164,387.21 $8,754.69
Sporting Goods Retail/Rental $41,118.11 $31,993.50 ($9,124.61)
Miscellaneous Retail $27,694.38 $31,619.02 $3,924.64
Accommodations $143,157.02 $112,541.43 ($30,615.59)
Restaurants/Bars $142,885.10 $139,326.64 ($3,558.46)
Other $7,368.70 $7,536.44 $167.74
Service Related $22,497.65 $22,530.64 $32.99
Liquor Stores $20,824.92 $12,431.26 ($8,393.66)
E-Commerce Retail $38,672.54 $47,502.40 $8,829.86
Manufacturing/Wholesale $10,109.88 $10,639.18 $529.30
Construction Related Services $35,810.72 $52,118.91 $16,308.19
Digital Media Suppliers/Sellers $7,811.26 $6,987.64 ($823.62)
Commercial/Industrial Equipment $1,120.62 $2,453.05 $1,332.43
Special Events $4.94 $0.00 ($4.94)
TOTAL $747,175.12 $791,237.51 $44,062.39
Page 2 of 9
Sales Tax: August 2022 Budget v Actual Collections: October 2022 sales tax revenues totaled
$791,237. This is an increase of $72,186 over the October 2022 estimates of $719,051. This is 10.04%
over the adopted 2022 budget (based on a 3-year average).
OCTOBER 2022 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2022 Budget 2022 Actual Dollar Variance Percentage Variance
October $719,051.26 $791,237.51 $72,186.25 10.04%
490,977.90 445,742.30 611,071.51 747,175.12 791,237.51
-9.21%
37.09%
22.27%
5.90%
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
2018 2019 2020 2021 2022
2018-2022 October Sales Tax Revenue Trend
Page 3 of 9
Accommodation Tax: Revenues – October 2022: Accommodation tax revenues totaled $118,165 for the
month of October. This is a decrease of $36,350 or (23.53%) compared to October 2021 accommodation
tax revenues, which totaled $154,516. Accommodation tax collections by industry type for October 2022
compared to October 2021 reported a decrease for Time Shares and Vacation Rentals and an increase to
Hotels.
OCTOBER 2021 v OCTOBER 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY
October 2021 October 2022 Increase/(Decrease)
Timeshares $23,278.12 $18,034.26 ($5,243.86)
Hotels $48,213.02 $50,646.66 $2,433.64
Vacation Rentals $83,024.91 $49,484.57 ($33,540.34)
TOTAL $154,516.05 $118,165.49 ($36,350.56)
October2022 Budget v Actual Collections: October 2022 accommodation tax revenues totaled
$118,165. This is a decrease of $16,083 over the October 2022 estimates of $134,249. This is (11.98%)
under the adopted 2022 budget (based on a 3-year average).
OCTOBER 2022 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2022 Budget 2022 Actual Dollar Variance Percentage Variance
October $134,249.35 $118,165.49 ($16,083.86) (11.98%)
53,237 45,781 56,679 154,516 118,165
-14.01%
23.80%
172.62%
-23.53%
$0
$25,000
$50,000
$75,000
$100,000
$125,000
$150,000
$175,000
$200,000
2018 2019 2020 2021 2022
2018-2022 October Accommodation Tax
Revenue Trend
Page 4 of 9
Short Term Rental Tax: Revenues – October 2022: STR Tax for Community Housing totaled $51,041
for the month of October. There are no previous period revenues for comparison. The amount of STR Tax
for Community Housing revenues collected year-to-date compared to the annual budget of $750,000
represents 122.95%. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are
zoned as residential.
OCTOBER 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY
October 2022
Timeshares $9,017.13
Hotels $18,167.23
Vacation Rentals $23,857.58
TOTAL $51,041.94
Tobacco & Cigarette Tax: Revenues – October 2022: Tobacco tax revenues totaled $25,652 and
cigarette tax revenues totaled $21,438 for October 2022. Compared to October 2021 revenues, this is an
increase of $4,390 for tobacco tax revenues, which totaled $21,262 and an increase of $753 for cigarette
tax revenues, which totaled $20,684.
8,459 18,295 21,262 25,653
116.29%
16.22%
20.65%
-
5,000
10,000
15,000
20,000
25,000
30,000
2019 2020 2021 2022
2019-2022 October Tobacco Tax Revenue Trend
Page 5 of 9
October 2022 Adopted Budget v Actual Collections: October 2022 tobacco and cigarette tax revenues
totaled $25,652 and $21,438, respectively. This is an increase of $3,629, over the October 2022 budget
for tobacco tax, which is $22,023 and an increase of $567 over the October 2022 budget for cigarette tax
estimates, which is $20,870 which is based on a 3-year average.
OCTOBER 2022 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2022 Budget 2022 Actual Dollar Variance Percentage
Variance
Tobacco $22,023.32 $25,652.81 $3,629.49 16.48%
Cigarettes $20,870.92 $21,438.00 $567.08 2.72%
Total $4,196.57
15,297 22,063 20,685 21,438
44.23%
-6.25%
3.64%
-
5,000
10,000
15,000
20,000
25,000
2019 2020 2021 2022
2019-2022 October Cigarette Excise Tax Revenue
Trend
Page 6 of 9
Real Estate Transfer Tax: Revenues – November 2022: November 2022 real estate transfer tax totaled
$274,256. Compared to October 2021, which totaled $1,049,675, this is a decrease of $775,418. This is a
decrease of $47,675 over the November 2022 budget which was based on a 3-year average.
NOVEMBER 2022 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2022 Budget 2022 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $321,932.34 $274,256.67 ($47,675.67) (14.81%)
$211,819 $570,245 $461,399 $1,049,676 $274,257
169.21%
-19.09%
127.50%
-73.87%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
2018 2019 2020 2021 2022
Real Estate Transfer Tax November Revenue
Trends
Page 7 of 9
Recreation Center Fees: Revenues – November 2022 Admissions & Program Fees: Recreation
admission revenues for November 2022 totaled $135,753, an increase of $1,055 compared to November
2021 which totaled $134,697. This is $64,073 over the adopted 2022 budget estimates of $71,680.
Recreation program fee revenues for November 2022 totaled $25,485. This is an increase of $1,891
compared to 2021, which totaled $23,594. This is $2,259 over the adopted 2022 budget estimates, which
is $23,226 which is calculated based on a 3-year average.
$24,953 $20,749 $13,732 $23,594 $25,486
-16.84%
-33.82%
71.82%8.02%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2018 2019 2020 2021 2022
Recreation Program Fees November Revenue
Trends
126,982 51,282 26,029 134,698 135,754
-59.62%
-49.24%
417.49%0.78%
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
2018 2019 2020 2021 2022
Recreation Admissions November Revenue
Trends
Page 8 of 9
Tax Revenue Comparison – YTD 2021 v 2022: All revenues except for Cigarette tax and RETT are
reporting an increase for 2022 compared to 2021. Below is a table which reflects the dollar change and
percentage variance.
Adopted Budget 2022 v Actual 2022: All revenues except for Cigarette tax and Recreation Program Fees
reflect a positive variance over the 2022 budget. Below is a table which reflects the dollar change and
percentage variance.
2021 v 2022 Year-to-Date Revenue Comparison
2021 YTD 2022 YTD Dollar Variance Percentage
Variance
Sales Tax $8,992,913.71 $10,425,228.31 $1,432,314.60 15.93%
Acc. Tax $1,683,641.69 $2,052,456.29 $368,814.60 21.91%
Tobacco Tax $246,755.07 $286,948.97 $40,193.90 16.29%
Cigarette Tax $216,257.76 $206,887.89 ($9,369.87) -4.33%
RETT $6,050,904.93 $5,233,624.26 ($817,280.67) -13.51%
Rec Admissions $634,731.17 $949,424.97 $314,693.80 49.58%
Rec Program Fees $298,263.34 $315,646.96 $17,383.62 5.83%
2022 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $9,208,328.67 $10,425,228.31 $1,216,899.64 13.22%
Acc. Tax $2,012,681.78 $2,052,456.29 $39,774.51 1.98%
STR Tax for CH $625,000.00 $922,133.27 $297,133.27 47.54%
Tobacco Tax $244,223.84 $286,948.97 $42,725.13 17.49%
Cigarette Tax $215,217.54 $206,887.89 ($8,329.65) -3.87%
RETT $2,771,804.98 $5,233,624.26 $2,461,819.28 88.82%
Rec Admissions $573,084.94 $949,424.97 $376,340.03 65.67%
Rec Program Fees $372,637.96 $315,646.96 ($56,991.00) -15.29%
Page 9 of 9
EXPENDITURES:
General Fund YTD Actuals v 2022 Budget: General Fund expenditures through November 2022 total
$15,356,860 which is 73.73% of the total adopted budget. These expenditures include all wages, health
benefits, events, computer services, operating cost, legal services, and utilities.
Mobility Fund YTD Actuals v 2022 Budget: Mobility Fund expenditures through November 2022 total
$3,641,930 which is 79.18% of the total adopted budget. These expenditures include cost for wages, health
benefits, consulting services, utilities, and bike share program.
Fleet Maintenance YTD Actuals v 2022 Budget: Fleet Maintenance expenditures through November
2022 total $1,462,293 which is 73.51% of the total adopted budget. These expenditures include wages,
health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Capital Projects Fund YTD Actuals v 2022 Budget: The Capital Improvement expenditures through
October 2022 total $3,499,469 which is 31.44% of the total adopted budget. These expenditures include
construction cost, design/contracts, and professional services.
Thank you,
Dean
970.748.4023 jskinner@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Jena Skinner, Senior Planner
RE: Program 2023 Update
DATE: January 10, 2022
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 launched by the Avon
Town Council in 2020.
REVIEW OF PROGRAM: In the first year of the ¡Mi Casa Avon! program (2020), the Town approved eight
(8) applications. In 2021, 13 applications, and in 2022, 16 applications. As of January 1, 2023, the ¡Mi
Casa Avon! resident-occupied housing program now applies to 37 units. Were it not for inflation and an
increase in mortgage rates, this program would have had more applications. The entire table containing
this summary is on the following pages.
COMPARISON OF SUMMARIES 2023:
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. The remaining fund balance rolled over into 2022 was $238,018. Council approved
funding in the amount of $1,200,000 for the program in 2023. Total remaining funds for 2022 is $378,158
or, 26%, which will roll over into 2023 for an available total of $1,583,558.
Thank you, Jena
QUARTERLY
UPDATES
Average
Sq Ft Bdms Sales Price Mi Casa $ % $ / Sq
Ft
2020 Program 1,314 2.5 $493,500 $58,095 11.8 $413
2021 Program 1,025 2 $584,978 $68,319 12 $603
2022 Program 963 2 $625,344 $72,766 11.9 $663
January Update
(Program to Date 20-22) 1,087 2 $565,199 $66,047 12% $562
April Update
July Update
October Update
Total Funds 2023 Funds Awarded 2023 Pending transactions
2023
Funds remaining
2023
$1,583,558 $0 $51,600 $1,531,958
Page 2 of 3
# Year Type Sq Ft Bdms Neighborhood Sales Price Mi Casa $ % $ / Sq Ft
20
2
0
1 08/20 Condo 935 2 Metcalf / Barrancas $399,000 $47,880 12.0% $427
2 09/20 Multi-family 1,987 4 Wildridge $645,000 $75,000 11.6% $325
3 10/20 Townhome 2,027 3 Wildridge /
Saddleridge At Avon $630,000 $75,000 11.9% $311
4 10/20 Townhome 1,337 3 Nottingham / Bristol
Pines $480,000 $57,600 12.0% $359
5 10/20 Condo 552 1 Nottingham /
Sherwood Meadows $288,000 $34,560 12.0% $522
6 10/20 Condo 840 2 Hurd / Avon Crossing $431,000 $51,720 12.0% $513
7 10/20 Townhome 2,063 3 Wildridge / Coyote
Creek Townhomes $675,000 $75,000 11.1% $327
8 11/20 Condo 768 2 West Beaver Creek
Blvd / Liftview $400,000 $48,000 12.0% $521
20
2
1
9 03/21 Condo 768 2 West Beaver Creek
Blvd / Sunridge $430,000 $51,600 12.0% $560
10 03/21 Condo 768 2 West Beaver Creek
Blvd / Sunridge $370,000 $44,400 12.0% $482
11 05/21 Townhome 1770 3 Wildridge / Elk Run
Townhomes $695,000 $83,400 12.0% $393
12 06/21 Condo 1019 2 Adj. Town Core /
Greenbrier $449,000 $53,880 12.0% $441
13 07/21 Condo 935 2 Metcalf / Barrancas $498,000 $59,760 12.0% $533
14 07/21 Condo 1647 2 Nottingham / Balas
Townhouse $645,000 $77,400 12.0% $392
15 08/21 Townhome 1228 2 Nottingham / Nightstar $750,000 $90,000 12.0% $611
16 09/21 Townhome 806 1 Wildwood / 1066
Wildwood Townhomes $515,000 $61,800 12.0% $639
17 09/21 Townhome 1176 3 Wildridge / Mountain
View Townhomes $616,100 $73,932 12.0% $524
18 10/21 Townhome 2025 3 Wildwood / Wildcat
Ridge Townhomes $880,000 $100K 11.4% $435
19 10/21 Condo 768 2 Metcalf / Barrancas $420,750 $50,490 12.0% $548
20 10/21 Condo 935 2 West Beaver Creek
Blvd / Sunridge $480,000 $57,600 12.0% $513
21 11/21 Condo 464 1 Nottingham Lake /
Beaver Bench $370,000 $44,400 12.0% $797
20
2
2
22 1/22 Condo 768 2 West Beaver Creek /
Sunridge $500,000 $60,000 12.0% $651
23 1/22 Condo 768 2 West Beaver Creek
Blvd / Liftview $540,000 $64,800 12.0% $703
24 1/22 Condo 768 2 West Beaver Creek
Blvd / Liftview $522,000 $62,640 12.0% $680
25 2/22 Condo 552 1 Nottingham /
Sherwood Meadows $390,000 $46,800 12.0% $707
26 3/22 Townhome 1468 3 Wildridge / Orchard $950,000 $100,000 10.5% $647
27 4/22 Condo 925 2 Metcalf / Barrancas $520,000 $62,400 12.0% $562
28 6/22 Condo 937 2 Metcalf / Barrancas $610,000 $73,200 12.0% $651
29 6/22 Condo 768 2 West Beaver Creek /
Liftview $600,000 $72,000 12.0% $781
30 7/22 Condo 935 2 Metcalf / Barrancas $625,000 $75,000 12.0% $669
Page 3 of 3
# Year Type Sq Ft Bdms Neighborhood Sales Price Mi Casa $ % $ / Sq Ft
31 8/22 Townhome 1824 3 Wildridge / Suncrest $750,000 $90,000 12% $411.18
32 7/22 Condo 866 2 Hurd / Avon Crossing $700,000 $84,000 12% $808.31
33 9/22 Townhome 1380 3 Wildridge / Draw Spur
Townhomes $860,000 $100,000 11.6%
(MAX) $623.19
34 9/22 Condo 1228 2 Nottingham / Nightstar $730,000 $87,600 12% $594.46
35 10/22 Condo 503 1 West Beaver Creek /
Benchmark $363,500 $43,620 12% $722.66
36 11/22 Condo 780 2 West Beaver Creek /
Sunridge $615,000 $73,800 12% $788.46
37 12/20 Condo 935 2 Metcalf / Barrancas $570,000 $68,400 12% $609.63
Average 1,087 2 $565,199 $66,047 12% $562
CASE COMMITTEE MEETING MINUTES
THURSDAY, DECEMBER 15TH, 2022
HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM
CASE COMMITTEE MEETING MINUTES, 15 DECEMBER 2022 PAGE 1 | 4
1. ROLL CALL
Present: Committee Member Thomas Walsh (virtually), Pedro Campos and Committee Chair Lisa Mattis (virtually)
Town Council: Mayor Amy Phillips and Town Council Member Ruth Stanley
Staff: Culture, Arts &Special Events Manager Danita Dempsey Special Events Coordinator Chelsea Van Winkle
Absent: Committee Member Justin Chesney, Doug Jimenez, and Town Council Member Lindsay Hardy
The meeting was called to order at 12:31 p.m.
2. PUBLIC COMMENT
No public comments were made.
3. MINUTES
Committee Member Thomas Walsh motioned to approve the minutes from November 18, 2022. Committee Chair Lisa
Mattis seconded the motion and it passed unanimously.
Committee Member Pedro Campos joined the meeting at 12:34p.m. and left the meeting at 1:34p.m.
4. STAFF UPDATE
CASE Manager Dempsey explained the budget update and changes from the events calendar for 2023. Included in the
committee packet (available at Avon.org).
Special Event Calendar Adjustments
CASE Manager Dempsey reviewed the changes to the 2023 events calendar. She noted that Winter Fireworks have been
added on January 14th and explained the layout of the event. She then went into the other calendar changes which
included, Ultimate Après Avon moving to April 1st, a week earlier than last year, the removal of Art Around Avon Art Walk on
June 9th, AvonLIVE! on June 14th will be a Battle of the Bands format and that Vail Valley Brew Au’ moved to August 19th
due to Block Party in Eagle moving to August 12-13. She also stated that Dancing in the Park has reserved two dates and
still has not decided which one they would like. Also, a new event, Farm to Table dinners are in flux for Fridays in July and
August. The event producer is Ren Productions and has a long history of producing events in Vail and will be a great
addition to the calendar.
The Committee commented/inquired:
A. The winner of the Battle of the Bands could come back for the opener of our strongest headliner.
B. Many local bands bring their crew and that helps draw crowds. It is a great local music investment.
C. Is Battle of the Bands Eagle County only?
D. Highlighting local bands is key for our community.
CASE Manager Dempsey responded stating that the bands are only Eagle County, and that the winner will play
AvonLIVE! in 2024 due to the fact that we want synergy with the opener and the headliner, and the 2023 lineup will be
announced prior to June 14th.
CASE COMMITTEE MEETING MINUTES
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CASE COMMITTEE MEETING MINUTES, 15 DECEMBER 2022 PAGE 2 | 4
Art Around Avon Program
CASE Manager Dempsey informed the committee that both the Art Around Avon applications were launched and open to
the public. The 2023 call out was released two months earlier than last year in hopes artists can create pieces specifically
for Avon’s program.
Knox Galleries Bronze Sculptures
CASE Manager Dempsey told the committee that all Knox Bronze sculptures are to be removed but there is not a timeline
yet for their removal. She stated she would inform the committee when they are scheduled to be removed.
CASE Committee Members and Terms
CASE Manager Dempsey detailed the committee members’ term start and end dates. She explained that Kim Hannold had
accepted a full-time position with the Town of Avon, so she is no longer able to sit on the committee. In addition, Ruth
Stanley has been elected to Town Council, so her term has also ended. With the current committee member status, there
will be five open seats which include Thomas, Justin, Lisa, Kim, and Ruth.
The Committee commented/inquired:
A. Are there term limits for committee members?
B. Will applications and interviews be able to be virtual again?
C. Can we schedule the second Town Council meeting in January for applicant interviews? It would be helpful to get
ahead of the curve with all the seats.
D. Will Kim’s seat be a one- or three-year term? A one-year term doesn’t give people time to get their feet wet and it is
recommended to push Kim’s seat to a three-year term.
E. Will you be advertising for the positions?
F. Encourage all current members of the committee to find more committee members that are diverse and would be
good additions to the committee.
G. There is a fear that past community members may not apply again this year since we were not able to bring on the
applicants from before.
H. When looking for committee members, Council may prefer registered Avon voters which may make finding a
diverse group difficult.
Case Manager Dempsey replied that, no there are no term limits on the CASE Committee and yes there will be a hybrid
option for interviews. Dempsey explained that she will be delivering the application to current members via email and then
send out a press release, post it on the website and potentially do additional advertising if needed. The application timeline
will be short due to the request to schedule interviews at the second January council meeting and will likely close Thursday
before the meeting to get into the council packet.
Committee Chair Lisa Mattis stated she wanted to make a motion for Kim’s seat to be more than two-year terms stating that
the terming needs to be tiered. The rest of the committee agreed.
Town Produced Event Recap Process and Emerging Trends
CASE COMMITTEE MEETING MINUTES
THURSDAY, DECEMBER 15TH, 2022
HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM
CASE COMMITTEE MEETING MINUTES, 15 DECEMBER 2022 PAGE 3 | 4
Special Events Coordinator Van Winkle explained the event recap process and discussed that the review process has been
happening for two years, so it is hard to define any emerging trends. Council inquired about the growth in events and Van
Winkle noted that event details were broken down in the October council packet (available at Avon.org).
Van Winkle called out the biggest takeaways from each event series which included number of attendees, weather, talent,
etc.
The Committee commented/inquired:
A. Is weather included in the recap?
B. Increased spend on AvonLIVE! – what is the data?
C. We own Wednesday evenings now, we have brand recognition, and they prefer our venue over others (parking,
ease of getting here, not congested, family setting)
D. When did we launch AvonLIVE!? Seven or Eight years into launching a brand, this is the benchmark year and really
shows AvonLIVE! is a signature event.
E. A factor in the great turnout could also be the sales of alcohol and keeping it at a responsible price.
F. We were building, building, building and then COVID kicked us in the teeth. We have met the original goal of
owning Wednesday’s and now we need to continue to tweak not reinvent.
G. Did the approved budget for 2023 have a higher budget for AvonLIVE! talent?
H. The number of AvonLIVE! concerts also plays a factor as they are now most Wednesdays in the summer.
I. Does the continued increase of spending and number of guests determine if bathrooms and infrastructure are built
in the park.
J. Leveraging the mural and handing out bags when guests were coming to the event, people really appreciated it.
K. My favorite thing was handing out the bags, it tied our art program and performance program together. Brought
residents and guests together.
L. Were the vendors for AvonLIVE! different or the same? Personally, as a consumer, I like to have consistency.
M. 50% increase in AvonLIVE! in attendance use a ratio for next year with spend on bands and the more in
attendance. Ratio is crucial. For the first time we have that information, good job!
Case Manager Dempsey explained that we did not increase AvonLIVE! budget in 2022 over 2021 but we had synergy with
appropriate Openers and Headliners as well as the same number of AvonLIVE! concert. This year the increase in
attendance could also be attributed to increased brand recognition, better weather and investing the marketing dollars
differently than last year.
For 2023, AvonLIVE! talent budget has increased by $33,000 for eleven events. Dempsey agreed that the boilerplate has
been homed in and now it is about small tweaks. She stated that the value of the incremental spend is huge and now that
we have two years of data with can create that ratio.
2023 Proposed Meeting Schedule
CASE Manager Dempsey explained the meeting schedule that showed keeping meetings on the 3rd Thursday of the month
with exceptions and opened it up for the committee’s feedback.
The Committee commented/inquired:
CASE COMMITTEE MEETING MINUTES
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A. Lunch works well to be able to schedule it in people’s workday.
B. Overlapping with lunch is helpful.
C. Will there always be a hybrid option? That is important and it is a big-time savings.
D. Do we have monthly meetings, or do they need to be less frequent? You have a mature program and are tracking
to a high-performance level, the kind of recommendations and level from the committee may be different.
E. As the role of the committee progresses in the future, at certain times we may need to have more meetings based
on what is the goal of the committee.
F. This current list of meetings for next year makes sense for the five new members and we can always cancel if we
do not have enough data. Use judgement as they progress.
G. Due to having so many new committee members, February – May will be crucial. This new committee will be
important for La Zona. Recommend changing the October meeting to just the one with the council, in lieu of a full
committee meeting.
H. October is the appropriate time for the combined meeting with council when the focus is a recap and future budget.
I. February 16 – Meet New Member, March 16 – On Boarding, April & May – Normal Meetings
J. Candance would be March meeting is onboarding meeting.
K. Strategic plan needs to be brought to the forefront again. The strategic plan has not been flushed out all the way
and caused some disconnect with the council. The strategic plan could lessen the likelihood of the council taking a
different turn. The plan needs to be lead.
L. The weeds are less important, we need this committee to focus on the larger strategic plan. Onboarding needs to
include what level of information needs to be discussed. Where do we need to get to for everyone to follow the
strategic plan.
M. The metrics will really help. This committee it is hard to have criteria that council is looking for.
Both Case Manager Dempsey and Special Events Coordinator Van Winkle said yes, this meeting time works well for them
and that almost always we should have a hybrid option. Dempsey stated that we removed summer from this schedule due
to the business of the events team so once again, there will be meetings in June, July, and August. Dempsey agreed with
the point about the strategic plan and that the work will look different for the new committee.
The committee all agreed that the 3rd Thursday of the month at lunchtime works best.
Dempsey then explained about the La Zona project that will be on the agenda for January and she anticipates we will be
discussing the infrastructure and facilities CASE recommends goes in the old fire station location and how it connects the
library, rec center and the mall. This will be CASE’s chance to say what we would like to see in that space.
5. ADJOURNMENT
The meeting adjourned at 1:38 p.m.
Respectfully submitted by:
Chelsea Van Winkle
Special Events Coordinator
970-748-4083 clin@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator
RE: Sign-on Letter to support Advanced Clean Truck (ACT)
DATE: December 20, 2022
SUMMARY: This report provides rationale for why Town of Avon should sign on to the Local Elected Letter
of Support for Advanced Clean Truck (“ACT”).
DISCUSSION: The Town of Avon is a member of Colorado Communities for Climate Action (“CC4CA”), a
coalition of 40 local governments across the state advocating for stronger state and federal climate policy.
On December 15, 2022, CC4CA invited elected officials of member communities to sign on to a letter
(ATTACHMENT A) to urge the Air Quality Control Commission (“AQCC”) to adopt the Advanced Clean
Truck (“ACT”) and the Low-NOx Omnibus (“Low-NOx”) rules. The AQCC voted on December 13th to hold
a hearing for ACT and Low-NOx Omnibus rules on April 20, 2023. ACT would require that manufacturers
gradually ramp up sales of zero-emission vehicles over a period of eight years. ACT has already been
adopted by six other states and many more are planning to adopt the standard.
In Colorado, we already have experience with this approach to addressing climate pollution from vehicles.
ACT is modeled after the Advanced Clean Car (“ACC”) standards that 14 states, including Colorado, have
adopted for cars and light trucks. ACC has provided a boost to our EV market and continues to fuel the
increase in the number of EV models Colorado consumers can choose from. Similarly, in states where ACT
has been adopted, manufacturers have responded by increasing the availability of zero--emission
Medium/Heavy Duty trucks and buses.
Overall, the ACT and Low-NOx rules help establish Colorado heavy-duty engine and vehicle standards for
manufacturing, testing, distribution, sale and reporting of new on-highway heavy-duty trucks and engines
and Colorado. The ACT and Low-NOx rules are crucial to Colorado meeting our greenhouse gas reduction
goals. ACT and Low-NOx will significantly lower climate and air pollution from medium and heavy-duty
vehicles, which even more important in disproportionately impacted communities.
The deadline for signing onto this support letter is January 13, 2023. The letter can be reviewed in
Attachment A and signed via this link.
RECOMMENDATION: I recommend a member of Avon Town Council sign the letter to support the
adoption of ACT and Low-NOx rules.
Thank you, Charlotte
ATTACHMENT A: Local Elected Letter of Support for Advanced Clean Truck (ACT).
Local Government Sign On in Support of
Advanced Clean Trucks and Low-NOx
Omnibus Rules
Air Quality Control Commission
Colorado Department of Public Health & Environment
4300 Cherry Creek Drive South
Denver, CO 80246
Re: Regulation Number 20 Rulemaking – Advanced Clean Trucks and Low-NOx
Omnibus Rules
Local governments in Colorado are increasingly vulnerable to and impacted by climate change.
Our communities are experiencing devastating wildfires and floods, dangerous extended high
heat waves, and other weather extremes. Many local governments have stepped up to address
climate change mitigation and resilience work, but to effectively address this existential threat
we recognize continued statewide action is critical. Our constituents across the state are
demanding bold action because they, too, understand the risks and the stakes. With this letter,
and on their behalf, we are expressing strong support for Colorado adopting the Advanced
Clean Trucks (ACT) and Low-NOx Omnibus (Low-NOx) rules in 2023.
Advanced Clean Trucks and Low-NOx are crucial to Colorado meeting our greenhouse gas
reduction goals. They will help address and significantly lower climate and air pollution emitted
by medium and heavy-duty vehicles which is of particular importance in disproportionately
impacted communities. ACT would require that manufacturers gradually ramp up sales of zero-
emission vehicles over a period of about eight years. ACT has already been adopted by six
other states and many more are planning to adopt the standard. In Colorado, we already have
experience with this approach to addressing climate pollution from vehicles. ACT is modeled
after the Advanced Clean Car (ACC) standards that 14 states, including Colorado, have
adopted for cars and light trucks. ACC has provided a boost to our EV market and continues to
fuel the increase in the number of EV models Colorado consumers can choose from. In states
where ACT has been adopted, manufacturers have responded by making available the zero--
emission Medium/Heavy Duty (M/HD) trucks and buses that the rule addresses. The Advanced
Clean Trucks rule would benefit the economy, reduce emissions, and improve air quality for all
Coloradans.
Transportation is now the largest sector of greenhouse gas emissions in Colorado. According to
the Colorado Energy Office’s Colorado Medium- and Heavy-Duty Vehicle Study, while M/HD
vehicles make up less than 10% of all vehicles, they produce 22% of on-road GHG emissions,
30% of on-road ozone-forming nitrogen oxide (NOx) emissions, and 40% of on-road diesel
particulate matter, a known human carcinogen with additional other adverse health effects. A
transition to zero-emission truck fleets could carry $5.8 billion in cumulative savings from
reduction of direct costs in vehicle maintenance and fuel purchases by 2050. As that study
makes clear, these fleets not only make an outsized contribution to GHG and ozone-forming
pollutants, they also have an outsized impact on disproportionately impacted communities
concentrated near freight routes and warehouses. The report estimates up to $20.4 billion in
overall net societal benefits stemming from improvements in air quality and public health benefit.
Climate change is an urgent issue that needs immediate action. The timing is ripe to adopt the
ACT and Low-NOx rules in 2023. The availability of federal funding to support EV infrastructure
and purchasing electric M/HD vehicles is an added bonus. We respectfully request that the
AQCC adopt both of these rules and, in so doing, take another critical step forward.
970.748.4021 pmckenny@avon.org
TO: FROM:
RE:
DATE:
Honorable Mayor Phillips and Council members Patty McKenny, Deputy Town Manager, Town Clerk’s Office
Update on Permitting for Takeout/Delivery of Alcohol Beverages
for On-Premises Licenses
January 5, 2023
SUMMARY: The Colorado Liquor and Tobacco Enforcement Division has issued Bulletin 22-03
(Attachment A: Disaster Emergency Declaration Updates Impacting Takeout/Deliver of Alcohol Beverages
for On-Premises Licensees) to Liquor License Stakeholders that sets forth an update to the approval
process for the takeout/delivery of alcohol beverages for those establishments with on-premises licenses.
Currently the Town of Avon Code does not address this type of permitting in Chapter 5.08, Liquor Licenses.
The State of Colorado allowed for this type of service when the public health crisis was at its peak. The
Town Clerk’s Office will monitor the transition and work with the State to setup notification when those
licensees have obtained this type of permit. Currently there are two licensees in Avon who offer this service
(Fattoria and Northside Kitchen). This written report is provided as information only and no action is
requested by the Town Council at this time.
BACKGROUND: Under the federal and state public health emergency declarations on-premises license
holders have been allowed to provide takeout/delivery of alcohol beverages without obtaining a permit, but
with strict guidelines in place. The Colorado Liquor and Tobacco Enforcement Division is beginning to
implement a new permitting and approval process to allow for this type of service once the public health
declarations are terminated. The Colorado Liquor Code (Liquor Enforcement Laws, Rules, Regulations |
DOR SBG (colorado.gov)) addresses this topic, as follows:
This section of the State Liquor Code addresses several topics associated with the takeout/delivery
services, such as hours, type of container used, the need for the permit, amount of alcohol that can be sold
as takeout/delivery, etc. at this time, local municipalities
RECOMMENDATION: No action is required at this time.
TOWN MANAGER RECOMMENDATION OR COMMENTS:
OPTIONS: The Town could draft permitting legislation that would create a local approval for this type of
service. However, since there are only two establishments, the Town Clerk’s Office would communicate
with State Liquor Licensing to monitor any new filings of this kind of permit.
Thank you, Patty
ATTACHMENTS:
ATTACHMENT A: Colorado Liquor and Tobacco Enforcement Division Bulleting 22-03
Physical Address: 1707 Cole Boulevard, Suite 300Lakewood, CO 80401Office: 303-205-2300
Mailing Address:Colorado Department of Revenue, Attention Liquor Enforcement DivisionP.O. Box 17087Lakewood, CO 80217-0087
BULLETIN 22-03
REFERENCE: Disaster Emergency Declaration Updates Impacting
Takeout/Delivery Of Alcohol Beverages for On-Premises
Licensees
Date: October 5, 2022
Dear Liquor Stakeholders,
The federal government last renewed the federal public health emergency order on July 15, 2022,
for 90 days. While the federal government has indicated it will give states 60 days notice prior
to termination of the public health emergency declaration, the State is beginning to prepare for
the end of both the federal and state disaster declarations. Due to the end of these orders
sometime in the next few months, the division urges all on-premises liquor licensees to obtain a
permit if they have been participating in takeout and/or delivery privileges under C.R.S. 44-3-
911. Licensees that do not obtain a takeout and delivery permit before the emergency declaration
is removed will need to cease offering takeout alcohol beverages and/or delivering alcohol
beverages until a permit is obtained.
The on-premises takeout and delivery permit application is available on our website under forms
DR 8496 Takeout and Delivery Permit Application and Renewal (on-premises applicants only)
or accessed online google form by following this link.
The fee for the delivery permit is $11.00, which can be paid online at your convenience using
this link or by check to the division.
Please consult your local licensing authority to determine if they have created a takeout and
delivery permit for alcohol beverages. If the local licensing authority has created a takeout and
delivery permit, you will also need to secure a local permit to be in compliance with the law.
LICENSE TYPES ELIGIBLE FOR TAKEOUT AND/OR DELIVERY
The following license types may provide takeout services only:
●FMB On-Premises, and FMB On/Off Premises establishments licensed under 44-4-104,
C.R.S;
●Sales Room establishments licensed under 44-3-402, C.R.S.;
●Sales Room establishments licensed under 44-3-407, C.R.S.
The following license types may provide delivery services only:
●Bed and Breakfast establishments licensed under 44-3-412, C.R.S.;
●Optional Premises establishments licensed under 44-3-415, C.R.S.;
●Retail Gaming Tavern establishments licensed under 44-3-416, C.R.S.;
● Arts establishments licensed under 44-3-419, C.R.S.;
● Racetrack establishments licensed under 44-3-420, C.R.S.; and
● Public Transportation licensees licensed under 44-3-421, C.R.S.
The following license types may provide both takeout and delivery services:
● Beer and Wine establishments licensed under 44-3-411, C.R.S.;
● Hotel and Restaurant establishments licensed under 44-3-413, C.R.S;
● Tavern establishments licensed under 44-3-414, C.R.S.;
● Brew Pub establishments licensed under 44-3-417, C.R.S.;
● Club establishments licensed under 44-3-418, C.R.S.;
● Vintner’s Restaurant establishments licensed under 44-3-422, C.R.S.;
● Distillery Pub establishments licensed under 44-3-426, C.R.S.; and
● Lodging and entertainment establishments licensed under 44-3-428, C.R.S.
The Liquor Enforcement Division appreciates your diligence and support as we work together
to keep Colorado communities safe and businesses thriving.
The Division reserves the right to amend or withdraw industry bulletins at any time but will try
to provide as much forewarning as possible before any such amendment or withdrawal.
Please do not hesitate to contact us by email at dor_led@state.co.us or call us at 303-205-2300
with any questions.
Colorado Liquor and Tobacco Enforcement Division
M E M O R A N D U M
TO: Board of Directors
FROM: Brian Thompson, Government Affairs Administrator
DATE: December 8, 2022
RE: Summary of Authority’s Nov. 17, 2022, Board Meeting
The following is a summary of items discussed at the Authority’s Nov. 17, 2022, Board Meeting.
Directors present and acting were Chair George Gregory, Vice Chair Sarah Smith Hymes, Secretary Kim
Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, and Mick Woodworth.
FY 2023 Budget, Rates,
and Fees
Public hearings were held concerning the proposed FY 2023 budget, monthly
service rates, and fees. Public comment was called for at both hearings and
there was none. The board approved resolutions to adopt the budget,
appropriate sums of money, and increase certain rates and fees.
Approval of minutes Directors approved the Nov. 17, 2022, regular meeting minutes.
Operations Agreement Directors approved the 2023 Operations Agreement with the Eagle River Water
& Sanitation District.
Water Dedication Policy Directors approved the amended water dedication policy. Kristin Moseley said
the updated cash-in-lieu rate on the 25 acre feet pledged to the Authority by the
District would increase the total payment by about $600,000.
RTU Project Daniel Caffery, Carter Keller, and Justin Way reported on upgrades to the
Remote Terminal Units (RTU) system. Mr. Keller said Authority expenses over
the 10-year long project account for $6.2 million of the $9.1 million total budget
due to the number and complexity of sites in the Authority’s service area.
Colorado River
operations
Diane Johnson updated directors on items related to the 2007 Interim
Guidelines for Lakes Powell and Mead and the Department of Interior’s intent to
modify operations in 2023 and 2024. Kristin Moseley said federal mandates will
not impact the Authority’s water rights seniority though could impact releases
from federal reservoirs.
Reducing overall water
use
Considering reduced Colorado River supplies, Directors discussed the
Authority’s role in permanently reducing local water use. Diane Johnson
emphasized that local actions are needed due to changing hydrology and
diminishing supplies in the Eagle River basin regardless of the Authority’s
limited impact to the overall Colorado River Basin.
State budget letter Diane Johnson said Governor Polis’s budget proposal for FY 2023-24 may
have multifaceted impacts on water, including the creation of a dedicated Upper
Colorado River Commissioner separate from the Colorado Water Conservation
Board Director.