TC Packet 06-24-2025_____________________________________________________________________________________
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
INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST.
REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, June 24, 2025
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall, 100 Mikaela Way or
virtually through Zoom, Zoom registration is on the header at Avon.org
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
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. CONSENT AGENDA
5.1. ACTION: Approval of June 10, 2025 Regular Council Meeting Minutes (Deputy Town Clerk
Brenda Torres)
6. BUSINESS ITEMS
6.1. PRESENTATION: Genasys Alert System (Deputy Police Chief Coby Cosper)
6.2. PRESENTATION: Salute to the USA and Art in Avon Updates (Chief Cultural Officer Danita
Dempsey)
6.3. PRESENTATION: Public Operations Department Program & Services (Public Operations
Manager Gary Padilla)
6.4. PRESENTATION: Fleet Department Program & Services (Fleet Manager Craig Wilmers)
6.5. ACTION: Approval of Limited Sales Tax Rebate Agreement for Ace Hardware (Town Manager
Eric Heil)
6.6. ORDINANCE 25-08, First Reading: Noise Abatement Ordinance (Attorney Erica Romberg and
Community Development Director Matt Pielsticker)
6.7. ORDINANCE 25-12, First Reading: Limited Short Term Rental Code Amendment (Community
Development Director Matt Pielsticker)
6.8. ORDINANCE 25-13, First Reading: Natural Medicine Regulation (Assistant Town Attorney
Betsy Stewart and Community Development Director Matt Pielsticker)
6.9. PRESENTATION: Recreation Center Survey Results (Recreation Director Michael Labagh)
7. WRITTEN REPORTS
7.1. April 10th Upper Eagle Regional Water Authority Summary (Mayor Underwood)
7.2. May 22nd Upper Eagle Regional Water Authority Summary (Mayor Underwood)
7.3. June 9th Planning & Zoning Commission Abstract (Development Coordinator Emily Block)
7.4. Monthly Financials (Senior Accountant Dean Stockdale)
7.5. Monthly Public Operations Report (Public Operations Manager Gary Padilla)
7.6. Bi-Monthly Sustainability Update (Sustainability Manager Charlotte Lin)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. ADJOURN
_____________________________________________________________________________________
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
INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST.
REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
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 during any agenda item and may limit public comment to three minutes per individual,
which limitation may be waived or increased by a majority of the quorum present. The timer for public
comment shall begin promptly after the speaker states their name and place of residence. Article VIII. Public
Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution
No. 24-17.
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1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via
Zoom.us. Mayor Tamra N. Underwood called the June 10, 2025, Council Regular Meeting to
order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon,
Ruth Stanley, Gary Brooks, Kevin Hyatt, Mayor Pro Tem Richard Carroll, and Mayor Tamra N.
Underwood. Councilor Lindsay Hardy was absent. They were joined in person by Town Manager
Eric Heil, Town Attorney Nina P. Williams, Avon Police Sergeant John Mackey, Recreation
Director Michael Labagh, Community Development Director Matt Pielsticker, Planning
Manager Jena Skinner, Engineering Director Eva Wilson, Marketing and Communications
Manager Elizabeth Wood, General Government Fellow Arnell Wade, and Deputy Town Clerk
Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 0:40
Town Manager Eric Heil requested to pull business item 6.5 from tonight’s agenda.
Mayor Underwood initiated the new meeting with the agenda approval process. Mayor Pro
Tem Carroll motioned to approve the agenda, as amended. Councilor Thuon seconded the
motion. The motion carried unanimously with a 6-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 1:31
Mayor Underwood asked if there were any conflicts of interest related to the agenda, and none
were disclosed.
4. PUBLIC COMMENT
Video Start Time: 1:46
Mayor Underwood explained that public comment can be made by participating in the meeting
in person, via Zoom’s video/audio, via telephone, or via email. She added that the public
comment section is intended for items not listed in the agenda, and participation by members
of the public will be limited to 3 minutes, with an additional minute that may be granted at
Council’s discretion. She added that members of the public should address Council directly and
should not expect a response as it is only intended as an opportunity and space for the public
to provide input to Council. She asked if there was any public comment from those present in
the room or virtually and requested that they spell their name and mention the neighborhood
they reside in if they so choose to upon taking the podium.
Nicole Ochs, resident of Wildridge, talked about the Wildridge’s playground. She expressed
gratitude to the Town Council and staff and requested the Council to think about covering the
playground with sunshades due to the metal being extremely hot due to prolonged sun
exposure.
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5. CONSENT AGENDA
Video Start Time: 5:10
Mayor Underwood expressed gratitude to Jim Shoun, Will Kearney, Nicole Mosby, Eva Wilson
for all their hard work to get resources and projects to the Town. Councilor Stanley noted and
reminded staff to add meeting minutes to the website. Mayor Underwood introduced the
approval of the Consent Agenda to include the following:
5.1 Approval of May 13, 2025, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2 Approval Amendment to Heil Employment Agreement (Mayor Tamra N Underwood)
5.3 Approval of $776,000 CDOT Grant Agreement for Purchase of Hybrid Bus (Mobility
Manager Jim Shoun)
5.4 Approval of $1,085,280 CDOT/FASTER for 2 Electric Busses (Mobility Manager Jim Shoun)
5.5 Approval of $40,000 Transit Planning Grant (Mobility Manager Jim Shoun)
5.6 Resolution 25-10 Approving Conveyance of Tract H1 from Traer Creek Metropolitan
District to the Town of Avon (Community Development Director Matt Pielsticker)
5.7 Assignment of Conceptual Design Agreement for Slopeside Housing (Community
Development Director Matt Pielsticker)
5.8 Approval of Utility Easement to Eagle River Water & Sanitation District to Serve Eagle
Bend Park (Senior Engineer Will Kearney)
5.9 Approval of Public Works Garage Change Order (Senior Engineer Nicole Mosby)
5.10 Notice of Award for US6 Pedestrian Safety Project (Engineering Director Eva Wilson)
Councilor Stanley motioned to approve the Consent Agenda. Councilor Hyatt seconded the
motion. The motion carried unanimously with a 6-0 vote of those present.
6. BUSINESS ITEMS
6.1. ACTION: FINANCE COMMITTEE MEMBERS INTERVIEWS (CHIEF FINANCE OFFICER PAUL REDMOND)
Video Start Time: 7:50
Finance Manager, Joel McCracken on behalf of Chief Finance Officer, Paul Redmond,
introduced the three finance committee applicants and asked Council for their
consideration for appointing them to Avon’s Finance Committee for a two-year term.
Gregg Cooper, present in person, was the first candidate to be interviewed. Gregg
introduced himself and expressed his interest in serving on the Avon Finance Committee.
Mayor Underwood asked him about his experience on the Avon’s Downtown
Development Authority and how that is coming along for him. Mayor Pro Tem Carroll
asked him about the impact he will bring to Avon’s Finance Committee.
Cathy Krajicek, present via Zoom, interviewed second. Cathy introduced herself and
expressed her interest in serving on the Avon Finance Committee. There were no Council
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questions for Cathy.
Rick Sudekum III, present in person, was the last candidate to be interviewed. Rick
introduced himself and expressed his interest in serving on the Avon Finance Committee.
Mayor Pro Tem Carroll had a question for Rick regarding his experience on the Avon’s
Planning and Zoning Commission. Councilor Thuon engaged in a dialogue with Rick about
his former profession in Texas.
Mayor Underwood asked Council for final deliberations, then asked for a motion.
Councilor Carroll thanked all the candidates for applying and serving.
Councilor Hyatt made a motion to approve the appointments of Gregg Cooper, Cathy
Krajicek, and Rick Sudekum III for a 2-year term on Avon’s Finance Committee. Councilor
Stanley seconded the motion. The motion carried unanimously with a 6-0 vote of those
present.
6.2. PUBLIC HEARING: OUTDOOR USED OF AMPLIFIED SOUND APPLICATION BRAVO VAIL (SPECIAL EVENTS
COORDINATOR EMILY DENNIS)
Video Start Time: 18:20
Mayor Underwood opened the public hearing for business item 6.2, an application for
amplified sound for Bravo Vail and welcomed Avon’s Special Events Coordinator Emily
Dennis to the podium.
Emily introduced herself and presented her PowerPoint presentation, which included the
sound map Bravo Vail will be using, key Council considerations, and a proposed motion
for Council’s approval. Mayor Underwood clarified that Council needed to approve this
application due to hours of operations of the event, otherwise it would have been
approved administratively.
Emily then introduced Jake Cacciatore, a representative of Bravo Vail who was present
virtually via Zoom, and let Council know he was here to answer any questions. Mayor Pro
Tem Carroll asked Jake to talk about the event and if the event is ticketed, which Jake
clarified it is reservation based, but no one will be turned away. Councilor Thuon inquired
about how the public can get tickets or register to attend this event. Jake said by visiting
BravoVail.org and click on the event’s page.
Mayor Underwood opened the public comment for this public hearing and explained the
rules of engagement.
Ian Grask, an Avon resident, offered public discourse in support of the approval of this
application for this wonderful event and added that the Eagle Valley Community
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Foundation will have a community fair before the event and invited the public to check it
out.
No other public comments were made.
Councilor Stanley made a motion to approve the outdoor use of amplified sound systems
for Thursday, June 26 between the hours of 8:00 a.m. and 10:00 p.m. as requested by
applicant, Jake Cacciatore of Bravo! Vail. Councilor Brooks seconded the motion. The
motion carried unanimously with 6-0 vote of those present.
Town Manager Eric Heil said we were ahead of schedule and requested Council to move up
an Agenda Item before moving to Agenda Item 6.3. Council kindly asked Town Engineer Eva
Wilson to present her Business Item 6.6 next in the agenda. The time was 6:11 p.m.
6.6. WORK SESSION: CAPITAL IMPROVEMENTS PROGRAM UPDATE (TOWN ENGINEER EVA WILSON)
Video Start Time: 31:55
Engineering Director Eva Wilson gave Council a detailed update via PowerPoint
presentation of all CIP projects in town, including budget and timelines.
Town Manager Eric Heil explained the solar panel and battery systems for the Public
Works garage project. Mayor Underwood explained the Holy Cross’s rates according to
different schedules and how it would work for this facility. Town Manager Eric Heil stated
that the Town has been working on the East Park Bathrooms for a long time as there were
some delays with the design. This project is expected to be completed by May 2026. He
expressed gratitude and appreciation to Eagle County and CDOT for their collaboration
on the US6 Pedestrian Safety project. This project is anticipated to begin this summer and
be completed by May 2026. He mentioned that the trail on the Village at Avon was not
an immediate add on, and the maximum cost for Avon is $250,000. On the Vail Valley
Foundation Early Childcare Center Bus Stop project, Town Manager Eric Heil elaborated
on the collaboration with the Vail Valley Foundation. He said the Town offered to
contribute, besides the land, to cover the cost of the solar and battery installation for the
facility and waving the building permit and use tax fees. The construction of this project
is to be coordinated with the Pre-school construction, scheduled to open in the fall of
2026.
Councilor Thuon asked Engineering Director Eva Wilson to refresh the public where the
Nottingham-Puder Ditch water goes and what it is used for.
6.3. ACTION: WILDWOOD TOWNHOMES DEED RESTRICTION REPLACEMENT (COMMUNITY DEVELOPMENT
DIRECTOR MATT PIELSTICKER)
Video Start Time: 1:04:00
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Mayor Underwood opened the floor for business action item 6.3. Wildwood Townhomes
deed restriction replacement and welcomed Avon’s Community Development Director,
Matt Pielsticker to present his agenda item. He gave a rundown of the course of action for
this business item, before starting his presentation.
Matt Pielsticker’s presentation summarized the history of Council actions regarding the
updates of Avon’s Housing related documents since 2021 and Council’s action spanning
back to fall 2024 with regards to Wildwood Townhomes. Secondly, he explained that the
additional changes to the deed restrictions are to achieve alignment with Avon’s Housing
Policies. Changes consisted of permitted capital improvements, the resale process and
town revisions regarding breach, remedy and general provisions. Along with formal
changes to resale prices. Finally, Matt gave Council a proposed recommendation and
motion and asked for Council questions and feedback.
Mayor Pro Tem Carroll asked Town Attorney Nina Williams of the legal confidence she has
of this document, turned to Matt Pielsticker regarding the table on page 265 of the packet
and asked Matt to explain the table for Council and the public.
Councilor Brooks stated for clarification, that the homeowner special assessments are
being included as positive gesture to the resale value of the property, and asked questions
about when the 3% interest rate goes into effect. Both Town Attorney Nina Williams and
Town Manager Eric Heil stated that this will go into effect when Council affirms the
changes in these deed restrictions.
Mayor Underwood asked Town Attorney Nina Williams to explain the process of
incorporating, replacing, and terminating deed restrictions.
Councilor Thuon expressed concerns about fairness towards the residents of Wildwood
and encouraged Council to be very considerate about making a decision that is fair and
right.
Mayor Underwood opened the floor to public comment for this business action item and
explained the rules of engagement for this part of the meeting.
Maria DeSimone, a Wildwood Townhome homeowner, commented in person and
requested an extra minute to read her speech. She expressed that in the fall of 2024 the
goal was to find a better resale rate, which has not happened.
Maribel Avila, a Wildwood Townhome homeowner, commented in person. She expressed
her concern about how the Town has been sending compliance emails with recertification
and how she was receiving these emails and felt that it was invoking privacy and income
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limiting concerns.
Nancy Pruckno, a Wildwood Townhome homeowner, commented in person. She said they
are not asking Council to remove the buyer lottery process completely, simply to honor
the current owner’s right to choose the next buyer then initiate the new policy.
Genie Garnhart, a Wildwood Townhome homeowner, commented in person. She talked
about the additional policies and provisions of concern and requested Council to address
and clarify multiple issues, such as inheritance, retirement treatment, agreement terms,
and liquidated damages.
Dick Hoene, a Wildwood Townhome homeowner, commented in person. He explained his
experience in this process and experience with his unit in Wildwood since the 1990’s. He
believes that these units are at the end of their life and this process needs to be switched
to a closed market bid system and that he has not received any feedback on this
recommendation from the last Council meeting in fall 2024.
Denise Gallagher, a Wildwood Townhome homeowner, commented in person. She was
concerned that the base price for her unit is good, but thinks it is still too low and asked if
her family wanted her property, will they have that opportunity or first dibs to acquire it.
Amy Phillips, Avon resident, commented in person. She said that she is here to represent
the people who would like to afford a deed restricted home and expressed empathy for
the residents which did not gain value from the free market. She stated that this is the
third meeting regarding this topic since she has been on Council and a decision needs to
be made tonight. She explained the organization of the need for deed restrictions and that
this is not a contract between a buyer and seller, just an update to the deed restriction.
No virtual comments were made. Mayor Underwood closed the public comment section.
Staff answered questions from the public and Council regarding compound interest, base
values/price points, the nature of price capped deed restrictions, annual reverification,
compliance fees, retiree’s homeownership treatment, right to privacy, liquidated
damages, current deed restriction residency language, buyer lottery clarification, capital
improvement clarification, special assessment participation, and HOA accountability.
Mayor Pro Tem Carroll inquired about passing an optional deed restriction and asked who
in the Town would oversee that process. Councilor Thuon inquired about passing a base
price and reset values deed restriction based on circumstances in 1991 and expressed
about being fair and not just about being right. Councilor Stanely reminded everyone that
this is a first of a kind deed restriction in Colorado. Mayor Underwood expressed that the
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method of coming up with these base price numbers is fair and generous. Mayor Pro Tem
Carroll offered comments on the process, and said this process is fair and proper, and it is
time for Council to decide.
Mayor Underwood allowed Maria DeSimone one more question during Council
deliberation.
Mayor Pro Tem Carroll motioned to authorize the use of the replacement Wildwood
Townhomes Price-Capped Replacement form attached to Staff’s report. Councilor Brooks
seconded the motion. The motion passed with a 5-1 vote. Councilor Thuon opposed.
Mayor Underwood shared that the Council meeting will be in recess until 7:47 p.m.
Recess started at 7:42 p.m.
Mayor Underwood called the Council meeting back from recess at 7:47 p.m. and
continued with the next item on the agenda, Business Item 6.4.
6.4. PUBLIC HEARING: SECOND READING OF ORDINANCE 25-11: UPDATES TO AVON MUNICIPAL CODE
CHAPTER 5: CONTRACTOR LICENSING (DEVELOPMENT COORDINATOR EMILY BLOCK)
Video Start Time: 2:42:15
Community Development Coordinator Emily Block gave Council a review of the proposed
Ordinance 25-11, and updated Council on other requested actions made on the first
reading on May 27th, 2025. Council showed appreciation for Emily regarding the red and
blue lining document which clearly shows the differences between the first and second
reading.
Mayor Underwood opened the public hearing for public comments and explained the rules
of engagement and no public comments were made.
During Council deliberations, Mayor Pro Tem Carroll asked Town Attorney Nina Williams if
she has reviewed this Ordinance and if she is confident in the legal status of the Ordinance,
and she replied she is.
Councilor Stanley motioned to approve the second reading of Ordinance 25-11 Amending
Chapter 5.18 Contractor Licenses. Councilor Hyatt seconded the motion. The motion
carried unanimously with a 6-0 vote of those present.
6.5. ACTION: Amendments to Hidden Valley Estates Development Agreement & Public
Improvements Agreements (Planning Manager Jena Skinner)
Business Action Item 6.5. was removed from the agenda at the start of the council meeting
with a unanimous vote of approval of 6-0.
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Business Item 6.6 was presented at 6:11 p.m. before item 6.3.
At 7:53 p.m. Mayor Underwood went back to the public and Council to see if there were any
other questions and deliberations for business item 6.6 and there were none.
7. WRITTEN REPORTS
7.1. Colorado Creative Industries 2025 Summit Recap (Special Events Coordinator Emily Dennis)
7.2. Grants Update (Deputy Town Manager Patty McKenny)
7.3. Health and Recreation Committee Meeting Minutes for May (Recreation Director Michael
Labagh)
7.4. Cultural Arts & Special Events CASE Committee Meeting Minutes for May (Chief Cultural
Officer Danita Dempsey)
7.5. Avon Downtown Development Authority Meeting Minutes for June (Town Clerk Miguel
Jauregui Casanueva)
7.6. Fire Mitigation & Fire Evacuation Drill Update (Deputy Chief of Police Coby Cosper)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 2:50:04
Mayor Pro Tem Carroll gave appreciation to Deputy Town Clerk Brenda Torres, Marketing and
Communications Manager Elizabeth Wood, and General Government Fellow Arnell Wade for
stepping in to run the meeting tonight and announced CORE Transit Meeting is taking place
tomorrow June 11th, 2025, at 12:30 p.m. at the Avon Town Hall’s Council Chambers, and will
also be available on Highfivemedia.org.
Councilor Thuon announced that we are within a month from July 3rd, where we celebrate
Salute to the USA!
Councilor Stanley mentioned some town events taking place over the next couple of weeks,
including Pride in the Park, and Avon’s first AvonLIVE! of the year.
Councilor Brooks commented he attended the NWCCOG meeting in Gypsum last week and
shared that NWCCOG is viable and passed their audit. He mentioned they had a presentation
there about Brownfield Funding, made by Dan Brown with Environmental Partners, and also a
presentation about PLACER.AI and explained how Glenwood Springs uses this application to
monitor foot traffic within their town. He closed his comments talking about the State Health
Insurance Program (SHIP) and how they offer assistance to people for Medicare enrollment.
Councilor Hyatt said he attended the Eagle Air Alliance meeting and said there are talks about
getting a connection to Eagle airport this winter from Washington D.C.
Mayor Underwood reiterated that the first AvonLIVE! event is taking place on June 11th with
music starting at 6:00 p.m., SunsetLIVE! is on the terrace every Sunday night from 6:00 to 8:00
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p.m. She quoted a comment made by the lead singer of the Peace Jelly band: “This is a really
nice place! Do people actually live here?” Mayor Underwood closed her comments saying that
Pride in the Park is this Sunday June 14th with Yoga at noon, then music later in the evening,
and that she is proud that Mountain Pride found its home in Avon.
9. EXECUTIVE SESSION
9.1. EXECUTIVE SESSION: For the purpose of considering a real property transaction pursuant to CRS
Section 24-6-402(4)(a), for the instructing negotiators pursuant to CRS Section 24-06-402(e)(I)
and for the purpose of receiving legal advice pursuant to CRS Section 24-06-402(b) related to
real property in the Town Core. (Town Manager Eric Heil and Town Attorney Nina Williams).
Mayor Underwood requested a motion to convene into Executive Session for the purpose
outlined on the agenda. Mayor Pro Tem Carroll moved and Councilor Brooks seconded the
motion. The motion carried unanimously with a 6-0 vote of those present. The time was 8:03
p.m.
At the roll call, Councilors present were Mayor Underwood, Mayor Pro Tem Carroll, Council
members Chico Thuon, Kevin Hyatt, Ruth Stanley, and Gary Brooks. Also present in person were
Town Manager Eric Heil and Town Attorney Nina Williams.
The Executive Session started at 8:12 p.m.
The Executive Session ended at 8:41 p.m.
10. ADJOURN
There being no further business before Council, Mayor Underwood moved to adjourn the
regular meeting. The time was 8:41 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.
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RESPECTFULLY SUBMITTED:
________________________________
Brenda Torres, Deputy Town Clerk
APPROVED:
Mayor Underwood ___________________________________
Rich Carroll
Ruth Stanley
Lindsay Hardy
Chico Thuon
Kevin Hyatt
Gary Brooks
(970) 748-4040 ccosper@avon.org
TO: Honorable Mayor Underwood and Avon Town Council members
FROM: Coby Cosper, Deputy Chief of Police
RE: Presentation on Genasys Protect Software Application
DATE: June 24, 2025
SUMMARY: Further to the written report from the June 10, 2025, Avon Town Council (“Council”) meeting,
regarding the newly acquired Genasys Protect Evacuation Software, Deputy Chief Cosper and Emergency
Management Director Birch Barron will demonstrate the software applications to the Council. The Avon
Police Department, in collaboration with Eagle County Emergency Management and First Responder
Agencies, have adopted Genasys Protect, a state-of-the-art emergency management and public alert
system software. This platform significantly enhances the Town’s ability to define and communicate
evacuation zones during wildfires, natural disasters, and other critical incidents to our community.
BACKGROUND: Historically, Avon’s emergency planning relied on static online maps and printed
evacuation guides. While these resources offered general geographic information, they lacked the real-
time functionality and precision required for effective emergency response and public communication.
The implementation of Genasys Protect represents a substantial advancement in emergency preparedness
and coordination. This system enables public safety officials to establish and manage evacuation zones
with greater accuracy and efficiency. Real-time alerts can be delivered to residents, visitors, and
businesses through text messages, emails, and notifications via the Genasys Protect mobile application.
These alerts are supported by dynamic, map-based visuals that improve situational awareness and
facilitate informed decision-making.
Additionally, residents and guests can now access the Eagle County Emergency Information website
(ECEmergency.org) for the most current updates, including detailed evacuation and pre-evacuation zone
maps, and designated travel routes during emergencies.
To download the Genasys Protect App: https://protect.genasys.com/downloadmn
Eagle County Emergency website: https://sites.google.com/eaglecounty.us/ecemergency
By providing timely, location-specific information, Genasys Protect enhances public safety, supports at-risk
populations, and ensures clearer, more effective direction during evolving emergency events.
Thank you, Coby
ATTACHMENT A: Genasys Protect Council PowerPoint Presentation
Genasys App
May 27, 2025
Avon PD Genasys
Protect App
DC Coby Cosper
Attachment A
New Mapping Tools for First Responders and Community
https://protect.genasys.com
https://member.everbridge.net
https://sites.google.com/eaglecounty.us/ecemergency
Genasys Protect Website Mapping by Zones
Zone Status
Thank You
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Danita Dempsey, Chief Cultural Officer
RE: Updates to Salute to the USA & Art in Avon
DATE: June 16, 2025
SUMMARY: This report presents updates on two key areas: (1) revisions to safety policies and
improvements related to Salute to the USA and (2) information regarding both temporary and permanent
art installations, alongside new Art Walk in Avon.
For nostalgia and excitement, please enjoy the 2024 Salute to the USA Event Recap video.
BACKGROUND:
1. SALUTE TO THE USA - Avon’s hallmark event Salute to the USA, is Thursday, July 3rd, 2025. The
can draw upwards 25,000 people to Harry A. Nottingham Park and surrounding areas. This year’s
event includes an epic fireworks display, and Grammy Award nominated band, Lettuce performing
at 8:00 p.m. The Main Squeeze will perform prior to Lettuce at 6:00 p.m. Family entertainment and
activities continue to be key elements of the event including the inflatable features, face painters,
balloon sculptors, and a magician. Salute to the USA begins at 5:00 p.m. and information can be
found at Discoveravon.org and Avon.org.
2. ART IN AVON – This report is to inform Council about the Art Around Avon and Season’s Mural
installations since the report provided on page 230 in the April 22, 2025, Town Council packet.
UPDATES:
1. SALUTE TO THE USA – SAFETY UPDATES: Safety for all is paramount at all Avon’s special
events and the 2024 and 2025, the Approved CIP Budget included the purchase of Meridian
Vehicle Mitigation Barriers (“MVMB”) to increase safety at special events. Pertinent to Salute to
the USA and the extensive size, risk exposure, and escalation in hazardous activities at events and
large gatherings nationwide, Staff has worked diligently to (1) decrease the risk of a vehicle born
attack breaching the venue and (2) update the prohibited items to increase safety and decrease
the risk of violating the Town’s Optional Premise Liquor License. The safety updates include the
following:
a. Increasing the number and positions of MVMB in the Upper Display Site and on Lake
Street, Mikaela Way, Riverfront Lane, as well as portions of the Lower Display Site, which
includes Lot #16 and adjacent recreation pathways.
b. Establishing a “Safety Zone” between guests, MVMB and other infrastructure.
c. Addition of coolers to the prohibited items list to decrease risk of outside alcohol, illegal
substances, and/or other dangerous items such as large knives, personal fireworks, etc.,
being brought into the venue.
d. A full list of prohibited items and roads, parking, and traffic impacts at Salute to the USA
are available on our websites.
2. SALUTE TO THE USA – ENHANCEMENTS: The East Nottingham Improvements Project creates
an exciting opportunity to reimagine the venue design for Salute to the USA. This year will be a
pilot for the future when the new modular restrooms, seating walls, water filling stations, etc. are
complete. The pilot enhancements include:
a. Moved food vendors to portions of Lake Street and the Recreation Center west parking lot.
Page 2 of 3
b. Moved the public bar in the main venue on the north side, to the east. c. Moved the Family Zone featuring inflatable features to the south side of the main venue.
d. Addition of a “Food Court” with twenty-five picnic tables surrounded by the food vendors,
on the grassy area directly west of the Recreation Center.
These improvements provide additional space for guests to spread out their picnic blankets and
assemble with friends and family in the main venue. Additionally, to ensure an unobstructed view of
stage performances, individuals using high back chairs exceeding five inches off the ground are
requested to sit behind the front of house (sound) tent.
Despite the logistical challenges of site build/strike and operations, staff believes that piloting the
new venue design this year will provide valuable insight for a more efficient build/strike, operations,
and crowd flow when the East Nottingham Improvements Project is complete.
3. ART IN AVON UPDATES: Eighteen new colorful sculptures were installed in Avon’s Art Around
Avon program which are on display through May of 2027. The final selections and locations are
illustrated in the Site Descriptions with Installed Art and provided as ATTACHMENT A.
Furthermore, The Art Around Avon digital map is updated on Avon’s websites, and the printed Art
in Avon Walking Map should arrive soon. The Art Walk began on June 13 and will be held
bimonthly until September 5, coinciding with the Art Guild at Avon First Fridays. The free event
starts at 5:30 p.m. at the Art Guild at Avon.
The new large format mural (“Season’s Mural”) is scheduled to begin install on June 24th and will
take two weeks to complete. The artist is Graham Carraway from Denver, Colorado who has an
impressive portfolio of murals in other communities. The Jury Panel completed three rounds of
design concept review on Graham’s proposed design selecting the design provided as Image 1
below. As you will see, the design is inspired by elements which reflect Avon’s rich farming history,
patterns found in textiles of the Ute Indian Tribe, embroidery of Hispanic cultures, the Rio Grande
Railroad and Avon’s schoolhouse in the early 1900s. It is important to note that the design below is
stylistically simple, and the artist will add more detail and clarity as he completes his creative vision
during installation.
Page 3 of 3
Image 1
FINANCIAL CONSIDERATIONS: The 2025 Adopted Budget includes (1) $24,700 for the fourth biennial
Art Around Avon project and (2) $31,000 for the Seasons Mural.
Thank you, Danita.
ATTACHMENT A: Site Descriptions with Installed Art
Art Around Avon | Site Descriptions
June 16, 2025
Art Around Avon
Final Site Descriptions & Art
June 16, 2025
Danita Dempsey | Chief Cultural
Officer
ATTACHMENT A
Art Around Avon: Site Descriptions
June 16, 2025
Title: Here and Now
Artist: Charlotte Zink
Location: Main Street Mall
Near The Wyndham and Ticino’s
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Turtle-Dove Chimera
Artist: Annette Coleman
Location: Main Street Mall /
Possibilities Plaza
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Auspicious Fortune
Artist: Charlotte Zink
Location: Avon Road /
South of Roundabout #4
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Dancing Moon Rollers
Artist: Reven Swanson
Location: Avon Road /
Southeast Raised Platform /
Roundabout #4
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Harvest Moon
Artist: Adden Joule
Location: Avon Road / Northeast
Corner / Roundabout #4
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Home & Away
Artist: Joe Norman
Location: Avon Road / Southwest
Corner / Roundabout #3
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Big Red
Artist: Bobbi Rubingh
Location: E. Beaver Creek Blvd. /
Junction Parking Lot North Side
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Liberation
Artist: Dannette Landry
Location: E. Benchmark Road
/ Beaver Creek Place / The
Annex Parking Lot
This piece was retained from the 2023-
2025 program.
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Starfox
Artist: Nicholas LoFaro
Location: E. Benchmark Road
/ Junction Parking Lot
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Moon on the Mountain
Artist: Adden Joule
Location: E. Benchmark Road
/ Bus Stop
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: On the Inside
Artist: Charlotte Zink
Location: E. Benchmark Road
/ Christie Sports East Side
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Sometimes You Have To
Go In A Different Direction
Artist: Sandy Friedman
Location: E. Benchmark Road
/ Christie Sports West Parking
Lot
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Transitional Piece
Artist: Kevin Shaffer
Location: Chapel Square
Parking Lot
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: High Five Heart
Artist: Russell Frederickson
Location: Chapel Square
Sidewalk
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: We’ve Lost Our Way
Artist: Sandy Friedman
Location: Chapel Square
Sidewalk
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Aligned and on Point
Artist: Sandy Friedman
Location: Chapel Square
Sidewalk
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Game Night
Artist: Annette Coleman
Location: E. Beaver Creek
Blvd. & E. Benchmark Road /
Northeast Corner
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: Fuli
Artist: Stephen Landis
Location: Nottingham Park /
Lower Athletic Field
Landscaping
Art Around Avon 2025 -2027
Art Around Avon: Site Descriptions
June 16, 2025
Title: 3rd Rock Antenna
Artist: Annett Coleman
Location: Avon Road / Northwest
Corner / Roundabout #5
Art Around Avon 2025 -2027
Operations Department Program and Services
06/24/2025
Operations Division Program
June 3, 2025
Gary Padilla, Operations Manager
Operations Department Program and Services
06/24/2025
Operations Division 5 Year History
•2019-2024: Maintenance / Special Event
Support Department
•2021 –Public Works Restructured –
Operations under PW umbrella
•2023: Approval of reclassification from
Superintendents to Deputy Operations
Managers (2)
•2024: Managed more in-house projects
Operations Department Program and Services
06/24/2025
Operations Team Organizational Chart
Operations Department Program and Services
06/24/2025
Operations Division
Parks Services
•Irrigation Locates
•Maintain 25 acres
•Preventative
maintenance
•Park Inspections
•Equipment
replacement
Project Management
and Support
•Small scale projects
•Engineering plan and
field review and
support
•In-house projects
Street Services
•Locates
•Sign Maintenance
•Inspections
•Culvert / Ditch
Maintenance
•Storm Sewer
Manholes cleaned
•Equipment
Replacement
Support to Other
Departments
•Recreation Program
Services
•Special Event Support
•Traffic Control for
accidents for Police
Department
Programs & Services
Operations Department Program and Services
06/24/2025
PubWorks Workflow Tracking
2024 Public Operations Labor Hours:
Winter (November-April):
20% Snow Removal (non-roads)
14% Snow Plowing/Cindering
10% Road Maintenance (non-plowing)
6% Park Maintenance (includes ice rink)
Summer (May-October):
17% Park Maintenance
13% Road Maintenance
10% Irrigation Maintenance
10% Events Support
Operations Department Program and Services
06/24/2025
Other Major Year-Round Tasks
Equipment Training and Equipment
Maintenance
Landscape and Tree Maintenance
Banners, Flags and Signs
Ditch, Culvert and Vault Maintenance
Administrative Work, Professional
Developmentt
Trash Removal (Parks, Bus stops_
Operations Department Program and Services
06/24/2025
Operations Park Services
•Maintain Harry A. Nottingham Park, O’Neal
Spur Park, Saddleridge Loop Park and
Eaglebend Park
•Build and maintain 58 self watering
planters
•Weekly playground inspections
•Landscape beds maintained by Whitaker
Landscape
•Support for all Special Events
Operations Department Program and Services
06/24/2025
Operations Road Services
•Maintain 970 Culverts and ditches
•Maintain 1,035 Traffic signs
•Maintain 576 Storm sewer inlets/manholes
•Shouldering roadways
•Stripe parking lots, crosswalks, install
thermoplastic road markings
•Ditch maintenance
Operations Department Program and Services
06/24/2025
Street Signs, Culverts, Drains and Sign Poles Maintained
Photo of GIS signs
Operations Department Program and Services
06/24/2025
Project Management and Support
•Small-scale projects: Railing repairs,
Park Sign Installations, Equipment
replacement
•Project inspection support: Contractors
and Engineering projects
•Engineering project support: Park Sign
Installation, railing repair, bike path
repair
Operations Department Program and Services
06/24/2025
2024 Project Highlights
Park Sign
Installation
Thermo-Plastic
Crosswalk
Installation
Nottingham Lake
Aerator
Installation
Assisted with
Poudre Ditch Liner
/ Maintenance
Split rail
replacement /
repair
Post Blvd.
Irrigation
Operations Department Program and Services
06/24/2025
2025 Projects
•Inlay all arrows thermo-plastic on
Avon Road
•Crack seal Wildridge Road, Lake
Street
•Post Blvd. Irrigation
•Holiday lights
Operations Department Program and Services
06/24/2025
Thank You from the
Operations Team
Questions?
Fleet Department Scope of Operations
June 24, 2025
Fleet Maintenance Department
Scope of Operations
June 24, 2025
Craig Wilmers, Fleet Manager
Fleet Department Scope of Operations
June 24, 2025
Fleet Maintenance Contracts
On Top of the Busy task of keeping all the Town vehicles up and running, Fleet also provides its services to
many other Government Agencies and 3rd party companies.
•Beaver Creek, Buses and Metro District
•Eagle River Fire Protection District
•Greater Eagle Fire Protection District
•Eagle County Paramedic Services
•Bachelor Gulch Metro District
•Colorado Mountain College
•Oak Creek Fire District
•Peak 1 Express
•Salvation Army
•CORE Transit
•Eagle County HAZMAT
•Eagle River Water and Sanitation
•Town of Minturn
•Town of Eagle
•Gypsum Fire Protection District
•Vail Health
•Walking Mountains
Fleet Department Scope of Operations
June 24, 2025
The Fleet Department charges a light-duty and heavy-duty hourly rate for all repairs.
Light Duty - $125
Heavy Duty - $136
These rates apply to both Avon Departments and 3rd party agencies.
Town of Avon Departments Serviced:
•Police
•Mobility
•Parks
•Streets and Roads
•Facilities
•Engineering
•Rec Center
•Community Development
•General Government
Fleet Department Scope of Operations
June 24, 2025
Departments grouped in Other:
- Facilities and Engineering
- Colorado Mountain College
- Comm Dev and Gen Gov
- Eagle County Hazmat
- Eagle River Water and San
- Eagle Valley Wildland
- Fleet Maintenance
- High Rockies Harm Reduction
- Peak 1 Express
- Recreation Admin
- Salvation Army
- Towns of Eagle and Minturn
2024
Fleet Department Scope of Operations
June 24, 2025
There are many Certifications needed to provide such specialized
services
These can range from:
- Commercial Driver's License
- EPA Refrigerant Recovery/Recycling
- ASE: Light Duty, Heavy Duty, Transit, etc.
- EVT: Fire, Ambulance, Law
- Annual Fire Academy
Fleet Department Scope of Operations
June 24, 2025
Fund Summary
Actual Actual Actual
2022 2023 2024
REVENUES
Intergovernmental $ - $ - $ -
Charges for Services 1,556,425 1,930,012 2,577,121
Other Revenue 25,991 29,258 17,728
Total Operating Revenues 1,582,416 1,959,270 2,594,849
Other Sources
Transfers-In from General Fund 300,000 200,000 150,000
Transfers-In from Capital Projects Fund 195,357 398,766 198,022
Total Other Sources 495,357 598,766 348,022
TOTAL REVENUES 2,077,773 2,558,036 2,942,871
EXPENDITURES
Fleet Maintenance 1,972,059 2,190,900 2,910,975
Total Operating Expenditures 1,972,059 2,190,900 2,910,975
NET SOURCE (USE) OF FUNDS 105,714 367,136 31,896
FUND BALANCES, Beginning of Year 406,486 512,200 879,336
FUND BALANCES, End of Year $ 512,200 $ 879,336 $ 911,232
Fleet Department Scope of Operations
June 24, 2025
Statement of remaining debt and annual debt payment:
Total
Series 2020 Refunding Certificates of Participation - Total
Year Principal Interest Total
2025 355,000.00 27,318.30 382,318.30
2026 363,000.00 22,951.80 385,951.80
2027 369,000.00 18,486.90 387,486.90
2028 374,000.00 13,948.20 387,948.20
2029 378,000.00 9,348.00 387,348.00
2030 382,000.00 4,698.60 386,698.60
2031
Total
$
2,221,000.00 $ 96,751.80
$
2,317,751.80
CIP Fund supports approximately 50% of the Fleet Building Debt Payments
Fleet Department Scope of Operations
June 24, 2025
Any Questions?
970.748.4004 eric@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager
RE: Ace Hardware Sales Tax Rebate Agreement
DATE: May 23, 2025
SUMMARY: The report presents a Sales Tax Rebate Agreement for a proposed Ace Hardware business
to occupy the vacant commercial space formerly occupied by Office Depot. Office Depot vacated this
commercial space in late 2013. The commercial space is 20,323 sq.ft. Ernie Christian is seeking to lease
this space and open an Ace Hardware store at this location. Mr. Christian currently owns Ace Hardware
stores in Vail, Gypsum and Leadville.
Mr. Christian explained that a standard Ace Hardware store requires 15,000 sq.ft. The current former
Office Depot space is larger than needed for an Ace Hardware store. Mr. Christian is willing to fill the
space with additional merchandise, but expressed a need for financial support for this initial investment.
The estimated investment to open the store is $2.5M. The Town Attorney has reviewed this agreement.
TERMS: The Sales Tax Rebate Agreement would allow a maximum rebate of $300,000, at the rate of 50%
of sales tax actually received through the end of 2030. The agreement specifies the maximum rental rate
for the first 5 years, which is under market rate. This demonstrates that the Town is partnering with the
commercial Lessor to help this business open in this space and the Town is not boosting or subsidizing
market, or over-market, lease rates.
The sales tax rebate agreement also limits the retail floor area that can be used for display of outdoor patio
furniture. This limitation is included to minimize competition with a nearby store that sells patio furniture.
PRECEDENCE, BENEFIT AND NEED: Council rarely considers sales tax rebate agreements and has
expressed reluctance to provide incentives to help a new business if it is competing with existing
businesses. Ace Hardware would compete with Home Depot. The Home Depot/Walmart development in
2004 included $35 million in metro-district bond financing to construct the I-70/Post Blvd. interchange and
connection to Highway 6, which is paid for with tax credits for the Town’s sales tax, accommodations tax,
real estate transfer tax and water tap fees.
An Ace Hardware store is anticipated to draw more customers to the East Avon commercial area and will
likely benefit adjacent businesses with more foot traffic. I will also fill a commercial space that has been
vacant for 12 years and generally projects an appearance of blight. Mr. Christian believes that many
customers at the Ace Hardware store in Vail are Avon and mid-valley residents, so the Avon location is
expected to meet a need and provide a relatively easy store to access.
FINANCIAL: The sales tax rebate is a rebate of future sales tax revenues the Town would receive from
this new store; therefore, there is no direct cost to the Town. The agreement may result in the Town not
receiving some funds that might otherwise receive, but consider the length of time that this commercial
space has been vacant, the sales tax rebate agreement is generally considered to be positive for the Town
of Avon.
RECOMMENDATION: I recommend Council approve the Sales Tax Rebate agreement for Ace Hardware.
PROPOSED MOTION: “I move to approve the Sales Tax Rebate Agreement with Ernie Christian.”
Thank you, Eric
ATTACHMENT A: FORM OF THE SALES TAX REBATE AGREEMENT.
Ace Hardware Sales Tax Rebate Agreement
DRAFT May 27, 2025
Page 1 of 5
Sales Tax Rebate Agreement
by and between
the Town of Avon and Ace Home and Hardware LLC
This Sales Tax Rebate Agreement (“Agreement”) is by and between the Town of Avon, a
Colorado home rule municipality (“Avon”) and Ace Home and Hardware LLC (“Retailer”),
2111 N. Frontage Road W Suite C, Vail, CO 81657, on May 27, 2025 (individually referred to as
“Party” and collectively referred to as “Parties”).
RECITALS:
WHEREAS, the former Office Depot retail store has closed and vacated its retail space in Avon,
located at 220 Beaver Creek Place, Avon Colorado 81620 and consisting of 20,323 square feet
(“Property”), which closure and vacation has resulted in a loss of sales tax revenues for Avon
and which vacated retail space may adversely affect customer traffic and retail business volume
for nearby retail establishments;
WHEREAS, Retailer desires to open an Ace Hardware retail store at the Property by January 1,
2026, and Retailer has indicated that the sales tax rebate set forth in this Agreement is a material
inducement for locating and investing in the opening of a retail store on the Property;
WHEREAS, the Avon Town Council has determined that promoting the occupancy of the
Property by a viable retailer will promote the retail economy and general health, safety and
welfare of the Avon community; and
WHEREAS, the Avon Comprehensive Plan states as Goal E.2: “Ensure the ability to fund and
implement the necessary development and redevelopment by encouraging strategic use of town
funds to leverage high quality private sector investment.” and Policy E.2.1: “Pursue economic
development benefitting the Town of Avon by using local, county, state, or federal resources that
are available including incentive programs and section criteria” and the Avon Town Council
adopted the Community Revitalization Public-Private Partnership Guidelines by Resolution
2008-54, which states in part Purpose 4. “Promote the efficient use of incentives to maximize the
public benefits to the Avon community;” and lists “Revenue Sharing” as one of several primary
incentives.
AGREEMENTS:
NOW, THEREFORE, in consideration of the foregoing RECITALS, which are
incorporated herein, and the mutual promises and other good and valuable consideration contained
herein, the Parties agree as follows:
1. Sales Tax Rebate: Avon hereby agrees to rebate 50% of the Town of Avon’s 4% sales tax
collected from the retail sales of Retailer occurring on the Property up to a total maximum
amount of THREE HUNDRED THOUSAND DOLLARS ($300,000) and up to a
maximum duration ending on December 31, 2030, such rebate shall commence when the
Ace Hardware store on the Property opens to the general public for retail business and shall
ATTACHMENT A: Sales Tax Rebate Agreement
Ace Hardware Sales Tax Rebate Agreement
DRAFT May 27, 2025
Page 2 of 5
expire no later than December 31, 2030, unless extended due to non-appropriation as set
forth in Paragraph 12 below.
2. Term: This Agreement shall expire on April 15, 2031 (unless extended due to non-
appropriation as set forth in Paragraph 13 below), and shall become void and of no force and
effect on Avon, provided that Avon’s obligation to collect and remit a portion of sales tax
for retail sales which occur prior the expiration date, if any such obligation remains
unsatisfied, shall survive the expiration of this Agreement.
3. Conditions: The following conditions shall apply and shall be satisfied prior to Avon’s
obligation to rebate and remit sales tax revenues to Retailer under this Agreement:
a. Retailer shall provide evidence of a lease, or memorandum of lease, by August 1, 2025,
subject to reasonable extensions, that indicates a lease term of at least 10 years for the
Property, and the lease rate shall not exceed the following:
i. Year 1: $9.50 sq.ft.
ii. Year 2: $10.50 sq.ft.
iii. Years 3-5: $12.00 sq.ft.
b. Retailer shall open an Ace Hardware retail store on the Property by January 1, 2026,
unless a later date is mutually agreed in writing between Avon and Retailer; and,
c. Retailer shall limit the floor space for display of outdoor patio furniture to 600 sq.ft.
4. Collection and Remittance: Avon shall impose and collect sales tax on retail sales in
accordance with its sales tax regulations in the Avon Municipal Code. Avon shall remit and
rebate 50% of the Town of Avon 4% Sales Tax received from the Retailer to the Retailer
within sixty (60) days after receipt of such Sales Tax from the Retailer less any fines,
penalties and/or interest for late filing of Sales Tax.
5. No Interest: No interest shall be paid by Avon on amounts subject to rebate under this
Agreement except as provided in Section 12 as a result of extension due to non-appropriation.
6. Municipal Sales Tax Regulations: Nothing in this Agreement shall affect Avon’s right to
enforce its sales tax regulations, including conducting audits, as set forth in the Avon
municipal code, as may be amended from time to time.
7. Indemnification for Release of Information: Retailer acknowledges that implementation
of this Agreement requires calculations based on the amount of taxes collected and paid by
the Retailer with respect to the term of this Agreement and issuance of rebate payment checks
in amounts determined pursuant to this Agreement, and that the amounts of the rebate
payment checks will be public information. The Retailer, for itself, its successors, assigns,
and affiliated entities, hereby releases and agrees to hold harmless Avon and its officers and
employees for any and all liability, claims, demands, and expenses in any manner connected
ATTACHMENT A: Sales Tax Rebate Agreement
Ace Hardware Sales Tax Rebate Agreement
DRAFT May 27, 2025
Page 3 of 5
with dissemination of information necessary for or generated in connection with the
implementation of the rebate provisions of this Agreement.
8. Effect of Change in Tax Rate: Any increase or decrease in the Avon sales tax rate above
or below the applicable sales tax rate on the date of execution of this Agreement shall not
affect the rebate payments to be made pursuant to this Agreement, and the amount of the
rebate payment shall continue to be calculated at 50% of the Town of Avon’s sales tax
revenues received by the Town.
9. Entire Agreement: This Agreement shall constitute the entire agreement between Avon
and Retailer and supersedes any prior agreements between the Parties and their agents or
representatives, all of which are merged into and revoked by this Agreement with respect to
its subject matter.
10. Contact Information: All notices, requests, consents, approvals, written instructions,
reports or other communication by Avon and Retailer, under this Agreement, shall be in
writing and shall be deemed to have been given or served, if mailed by certified mail, postage
prepaid, or e-mailed with confirmation of receipt by the recipient, or hand delivered to the
Parties as follows:
TOWN OF AVON
Town of Avon with copy to: Town of Avon
P.O. Box 975 P.O. Box 975
100 Mikaela Way 100 Mikaela Way
Avon, CO 81620 Avon, CO 81620
Attn: Town Manager Attn: Town Attorney
E-Mail: townmanager@avon.org E-Mail: townattorney@avon.org
ACE HOME AND HARDWARE LLC
Ernest Christian, Owner
2111 N. Frontage Rd W, Suite C
Vail, CO 81657
Phone: (970) 476-8282 EX 3
E-mail: ernetchristian81@gmail.com
11. Subordination: Avon’s obligations pursuant to this Agreement are subordinate to Avon’s
obligations for the repayment of any current or future bonded indebtedness and are
contingent upon the existence of a surplus in sales and use tax revenues in excess of the sales
and use tax revenues necessary to meet such existing or future bond indebtedness. Avon
shall meet its obligations under this Agreement only after Avon has exercised its best efforts
to maximize its sales tax collections in order to satisfy all other obligations with respect to
the use of sales tax revenues for bond repayment purposes. For the purposes of this
Agreement, the terms “bonded indebtedness,” “bonds,” and similar terms describing the
possible forms of indebtedness include all forms of indebtedness that may be incurred by
ATTACHMENT A: Sales Tax Rebate Agreement
Ace Hardware Sales Tax Rebate Agreement
DRAFT May 27, 2025
Page 4 of 5
Avon, including, but not limited to, general obligation bonds, revenue bonds, revenue
anticipation notes, tax increment notes, tax increment bonds, and all other forms of
contractual indebtedness of whatsoever nature that is in any way secured or collateralized by
sales tax revenues of Avon.
12. Annual Appropriation, Tax Credit: Nothing in this Agreement shall be deemed or
construed as creating a multiple fiscal year obligation on the part of Avon within the meaning
of Colorado Constitution Article X, Section 20 or any other constitutional or statutory
provision. Avon’s obligations hereunder are expressly conditional upon annual
appropriation by the Avon Town Council, in its sole discretion. Retailer understands and
agrees that any decision of the Avon Town Council to not appropriate funds for payment
shall be without penalty or liability to Avon other than as provided in this Section 12. Any
decision of the Avon Town Council to not appropriate funds, in whole or in part, shall not
affect, impair, or invalidate any of the remaining terms or provisions of this Agreement;
provided however, that the maximum duration of Annual Reporting Periods set forth in
Paragraph 1 and the term of this Agreement set forth in Paragraph 2 shall automatically
extend for one (1) additional year for each year that the Avon Town Council does not
appropriate funds for sales tax rebate payment under this Agreement.
13. Governing Law, Venue: This Agreement shall be governed and construed in accordance
with the laws of the State of Colorado. Venue for any dispute arising from this Agreement
shall be in Eagle County, Colorado.
14. Legal Challenge; Escrow: Avon shall have no obligation to make any rebate payment
hereunder during the pendency of any legal challenge to this Agreement. The Parties
covenant that neither party will initiate any legal challenge to the validity or enforceability
of this Agreement, and the Parties will cooperate in defending the validity or enforceability
of this Agreement against any challenge by any third party. Any funds appropriated for
payment under this Agreement shall be escrowed in a separate Avon account in the event
there is a legal challenge to this Agreement.
15. Assignment: This Agreement is personal to Retailer and other than “Permitted Transfers”
(as hereinafter defined), Retailer may not assign any of the obligations, benefits or provisions
of the Agreement in whole or in any part without the expressed written authorization of
Avon. Any purported assignment, transfer, pledge, or encumbrance made which is not a
Permitted Transfer without such prior written authorization shall be void. As used herein,
the term “Permitted Transfer” shall mean (i) a sale or transfer of a minority interest in the outstanding stock of Retailer or the membership interests of Retailer’s parent corporation on an aggregate basis by the stockholders of Retailer or members of Retailer’s parent corporation provided the ownership of the majority interest in Tenant or Tenant’s parent corporation (as of the date of this Agreement) does not change, (ii) a sale or transfer of stock among the stockholders of Retailer or membership interests of Retailer’s parent corporation and their immediate families or any trusts or limited partnerships owned or controlled by such parties (i.e., spouses, parents, mothers, sisters, children, grandchildren or the spouse of any of the aforementioned), (iii) a transfer of stock by will or devise or to a trust for the benefit of any of the above named
ATTACHMENT A: Sales Tax Rebate Agreement
Ace Hardware Sales Tax Rebate Agreement
DRAFT May 27, 2025
Page 5 of 5
individuals, (iv) a sale or transfer of stock in connection with a public offering registered with the Securities Exchange Commission, (v) an issuance of a minority interest in the stock of Retailer outstanding on the date of this Agreement on an aggregate basis, to Retailer’s employees provided the ownership of the majority interest in Tenant (as of the date of this Agreement) does not change, (vi) an assignment or sublease to any entity which controls Retailer’s management operation, or any entity which is controlled by Retailer; (vii) an assignment or sublease to any entity a majority of whose voting stock is owned by Retailer; (viii) an assignment or sublease to any entity which owns a majority of Retailer’s stock; (ix) an assignment or sublease to any entity to which Retailer, its successors or assigns is merged or consolidated, in accordance with applicable statutory provisions for merger or consolidation of entities, so long as the liabilities of the merging or consolidating entities are assumed by the surviving entity; and (x) an assignment or sublease to any entity acquiring this Lease and all or substantially all of Retailer’s assets or the shares of stock in Retailer or similarly owned stores.
16. No Joint Venture: Nothing is this Agreement is intended or shall be construed to create a
joint venture between Avon and Retailer and Avon shall never be liable or responsible for
any debt or obligation of Retailer.
THIS AGREEMENT IS ENACTED ON MAY 27, 2025
TOWN OF AVON, Colorado
By:______________________________ Attest:____________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva,
Town Clerk
Approved as to form:
By:______________________________
Nina Williams, Town Attorney
ACE HOME AND HARDWARE, LLC
By:_____________________________
Ernest Christian, Owner
ATTACHMENT A: Sales Tax Rebate Agreement
970-748-4413 matt@avon.org
Page 1 of 2
TO: FROM:
RE:
DATE:
Honorable Mayor Underwood and Council members Matt
Pielsticker, Director of Community Development First
Reading of Ordinance 25-08 - Noise Abatement
June 20, 2025
SUMMARY: This report presents Ordinance 25-08 – Noise Abatement (“Attachment A”) to Avon Town
Council (“Council”) for first reading. This Ordinance would repeal a currently unused chapter (8.44 –
Indoor Face Coverings) and amend the Avon Muncipal Code (“AMC”) to enact Noise Control regulations.
Staff was asked to bring these regulations to Council after the receipt of numerous complaints related to
construction noise from an active project. These provisions address not only construction-related noise, but
any audible noise which could be declared a public nuisance. Community Development Staff also
responded to a noise complaint in 2024 related to mechanical equipment for a commercial building.
The provisions were developed after a review of what other communities throughout Colorado have done,
the State of Colorado Noise Abatement regulations for acceptable decibel levels, and taking into account
currently prescribed construction hours within the Town of Avon. It should be noted that the Ordinance
would not change the outcome of the above listed noise complaints; rather, the Ordinance would provide
clear abatement procedures and penalties that can enforced by the Town of Avon in the event of excessive
noise in the future if measured and confirmed with a noise meter device.
BACKGROUND: The Town has historically regulated audible noise in the following ways:
•Chapter 5.24 – Amplified Sound Permits
Special Events staff regularly process permits for events in Nottingham Park that fit into curfew
limits of 8pm or 10pm depending on the day of the week.
•Chapter 8.24.085 - Limits of Construction Activity
Construction activity that creates audible noise is limited to the hours of 9am-6pm on Sundays
and holidays, and 7am-7pm on other days. No decibel limits are included. Community
Development Staff takes the lead with enforcement.
•Chapter 8.24.090 – Mufflers
The requirement to have a muffler has been in AMC since the Town’s incorporation. It can be
enforced by the Avon Police. The drafted Ordinance includes more detailed muffler regulations.
•Chapter 9.16 – Offenses Against Public Peace
Avon Police respond to unreasonable noise complaints, which may lead to disorderly conduct
and citations into Avon Municipal Court.
COLORADO REVISED STATUES: Colorado has a state-level noise statute (“Attachment B”) that sets
maximum permissible noise levels based upon zoning and time of day as follows:
Zone 7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m.
Residential 55 dB(A) 50 dB(A)
Commercial 60 dB(A) 55 dB(A)
Light Industrial 70 dB(A) 65 dB(A)
Page 2 of 2
Industrial 80 dB(A) 75 dB(A)
Construction
Activity
(same as
industrial)
80 dB(A) Construction activity not
permitted
AVON APPROACH: The physiological impacts of excessive noise are well documented and worth further
attention in the Avon Municipal Code. The Ordinance would allow staff to objectively enforce excessive
noise situations that may arise in the future. Key aspects of the Ordinance include:
•Establish Permissible Noise Levels – Decible readings, at property lines, could be used to
determine acceptability of noise levels. The noise levels are consisten with the State Statutue
•Construction Hours – The Ordinance replaces the current “audible” noise standards found in
the Municipal Code with prescriptive standards in line with State Statutue. The construction
hours remain the same (7am-7pm, Monday – Saturday, and 9am-6pm Sundays and Holiday).
•Amplified Sound – The Ordinance recognizes the Town’s current permit system for amplified
sound and adds quantifiable standards for acceptable noise levels.
•Motor Vehicle Noise – Similar to construction hours, the Oridnance consolidates and
standardizes excessive motor vehicle noise into the same chapter.
•Snow Removal – No hours have been called out for snow removal given Avon’s climate and
sporadic nature of snow removal activities.
•Sound Meter/Inspections – Noise levels would be recorded at the property line instead of a set
distance from property lines as found elsewhere. This creates a clear, consistent approach to
enforcement.
ENFORCMENT: The Avon Police Department’s Code Enforcement officers will be the primary staff tasked
with fielding complaints, obtaining necessary sound meter readings, and processing violations in Avon
Municipal Court. Processing noise abatement infractions can be time consuming and difficult to produce
indisputable evidence of infractions.
OPTIONS:
•Approve 1st Reading of Ordinance 25-08
•Continue 1st Reading of Ordinance 25-08
•No Action
RECOMMENDATION: I recommend Council approve first reading of Ordinance 25-08 and set a public
hearing for second reading to be held on July 22, 2025.
POTENTIAL MOTION: “I move to approve Ordinance 25-08, enacting a Noise Control chapter in the
Avon Municipal Code.”
Thank you, Matt
ATTACHMENT A: Ordinance 25-08
ATTACHMENT B: CRS 25-12-101
ORDINANCE 25-08
REPEALING AND REENACTING CHAPTER 8.44 OF THE AVON MUNICIPAL
CODE REGARDING INDOOR FACE COVERING REQUIREMENTS AND
REPLACING IT WITH NOISE ABATE REGULATIONS
WHEREAS, pursuant to C.R.S. §§31-15-103 and 31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to C.R.S. §25-12-101, the Colorado General Assembly found that noise is
a major source of environmental pollution which represents a threat to an individual’s serenity and
quality of life; and
WHEREAS, further, pursuant to C.R.S. §31-15-401, the Town possesses the authority to adopt
laws and ordinances within its police power in furtherance of the public welfare; and
WHEREAS, the Town’s Municipal Code currently provides for amplified sound permits, but
does not have comprehensive noise regulations; and
WHEREAS, the Town Council finds it desirable and prudent to properly regulate noise to protect
the welfare of the public; and
WHEREAS, the Town no longer finds it necessary to have within the Town’s Municipal Code
regulations regarding face covering requirements; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town
Council desires to repeal and reenact Chapter 8.44 of the Avon Municipal Code by setting a public
hearing in order to provide the public an opportunity to present testimony and evidence and that
approval of this Ordinance on first reading does not constitute a representation that the Town
Council, or any member of the Town Council, has determined to take final action on this
Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFa ORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Abatement Regulations
June 24, 2025
ATTACHMENT A
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
Section 2. Repeal and Reenactment of Chapter 8.44 to Title 8 of the Avon Municipal
Code. Chapter 8.44, “Indoor Face Covering Requirements” is repealed in its entirely and reenacted
in the Avon Municipal to read as set forth in Exhibit A: Repeal and Reenacted Chapter 8.44
To Title 8 of the Avon Municipal Code, attached hereto.
Section 3. Repeal of Section 8.24.08 of the Avon Municipal Code. Section 8.24.085,
“Limitation of construction activity” is hereby repealed in its entirety as set forth in Exhibit B:
Repeal in its entirety Section 8.24.085 of the Avon Municipal Code, attached hereto.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to
be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and 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
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Abatement
Regulations June 24, 2025
before any court or administrative tribunal.
Section 8. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on June 24, 2025 and setting such public hearing for
July 22, 2025 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________________
Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
July 22, 2025.
BY: ATTEST:
____________________________ ___________________________________
Tamra Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
EXHIBIT A
REPEAL AND REENACTMENT OF CHAPTER 8.44 OF THE AVON MUNICIPAL
CODE
CHAPTER 8.44 – NOISE CONTROL
Section 8.44.010 Purpose.
Section 8.44.020 Definitions.
Section 8.44.030 Prohibitions.
Section 8.44.040 Exemptions.
Section 8.44.050 Prohibited noise activities.
Section 8.44.060 Motor vehicle noise prohibited.
Section 8.44.070 Sound level measurements.
Section 8.44.080 Sound permits.
Section 8.44.090 Inspections.
Section 8.44.100 Penalties
8.44.010 Purpose.
This Chapter is enacted to protect, preserve and promote the health, safety, welfare, peace
and quiet of the citizens of the Town through the reduction, control and prevention of noise. It is
the intent of this Chapter to establish standards that will eliminate and reduce unnecessary and
excessive noise which is physically harmful and otherwise detrimental to individuals and the
community in the enjoyment of life, property and the conduct of business.
8.44.020 Definitions.
The following words and phrases, when used in this Chapter, shall have the meanings
respectively ascribed to them:
“Ambient sound” means the sound pressure level of all sound associated with a given
environment and being a composite of sounds from many sources during the period of
observation excluding specific noise sources of interest.
“Amplified sound” means any sound produced by any means, the volume of which is
amplified or increased through electronic or electromechanical means.
“A-weighted sound pressure” means the sound pressure level as measured with a sound
level meter using the A-weighting network. The standard notation is dB(A).
“Commercial power equipment” means any equipment or device rated at more than five
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
(5) horsepower and used for building repairs or property maintenance, excluding snow
removal and lawn care equipment.
“Commercial premises” means any developed parcel or premises where less than fifty
percent (50%) of the toral gross floor area of all buildings on the premises meets and
satisfies the definition of residential premises as set forth below.
“Construction equipment” means any equipment or mechanical apparatus operated by
fuel, electric or pneumatic power in the excavation, construction, repair, maintenance or
demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance
thereto.
“Decibel” means a logarithmic unit of measure often used in measuring magnitude of
sound. The symbol is dB.
“Domestic power equipment” means any equipment or device rated at five (5)
horsepower or less and used for building repairs or grounds maintenance, excluding snow
removal, tree maintenance and lawn care equipment.
“Emergency power generator” means that the equipment used to generate electrical
power in the event of an interruption, malfunction or failure of the electrical power
supplied by a service provider.
“Emergency vehicle” means an authorized motor vehicle that has sound warning
devices such as whistles, sirens and bells which can lawfully be used when responding to
an emergency or police activity, or which is required by state or federal regulations.
“Emergency work” means an activity made necessary to restore property to a safe
condition following a severe weather incident, natural disaster or public calamity, or work
required to protect persons or property from injury or exposure to imminent danger. It
includes work by private or public entities for immediately providing or restoring necessary
utility service, as well as all situations deemed necessary by the Town.
“Industrial premises” means any premises where manufacturing, processing or
fabrication of goods or products takes place.
“Lawn care equipment" means equipment used to cut, vacuum or sweep grass, blow
away lawn clippings or leaf debris, or aerate turf.
“Motor vehicle” means any vehicle which is self-propelled and used for transporting
persons or property upon public roadways, inclusive of motorcycles. The term motor
vehicle shall not include: aircraft, watercraft, mechanical street sweepers, self-propelled
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
construction equipment, motor vehicles operated exclusively on private property for
recreational or amusement purposes, vehicles used exclusively on stationary rails, or
specialized utility vehicles normally used only on private property in the daily course of
business, such as forklifts and pallet movers.
“Muffler-approved exhaust type” means an apparatus which consists of a series of
chambers, baffle plates or other mechanical devices designed for the purpose of receiving
and transmitting exhaust gases and which reduces sound emanating from such an apparatus
by at least twenty (20) decibels in the A-weighting network dB(A) from the nonmuffled
condition.
“Noise” means sound that is unwanted, and which causes or tends to cause annoyance
and/or adverse physiological effects on human beings, or disturbs the peace and quiet of
persons on a receptor premises.
“Premises” means any building, structure, land, utility or portion thereof, including all
appurtenances, and also includes yards, lots, courts, inner yards and properties without
buildings or improvements owned or controlled by a person.
“Property line” means that real or imaginary line and its vertical or horizontal extension
which separates real property owned or controlled by any person from contiguous real
property owned or controlled by another person, inclusive of the lines that separate units in
a multiple-unit building.
“Public premises” means all property, including appurtenances thereon, which is owned
or controlled by any governmental entity, and includes streets, alleys, sidewalks, parks and
waterways.
“Residential premises" means any lot, parcel or premises where single-family, two-
family, or multiple-dwelling units exist, and shall also include schools, churches, nursing
homes, long-term care and similar institutional facilities where the use of more than fifty
percent (50%) of the gross floor area of the subject premises satisfies and meets this
definition.
“Snow removal equipment” means any equipment used for removing snow from land
or building surfaces and includes snowplows, snowblowers, snow sweepers, and snow
shovels.
“Sound” means an oscillation in pressure, stress, particle displacement and particle
velocity which induces auditory sensation.
“Sound level meter” means an apparatus or instrument, including a microphone,
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
amplifier, attenuator, output meter and frequency weighting networks, for the measurement
of sound levels. The sound level meter shall be a design and have the characteristics of
Type 2 or better instrument as established by the American National Standards Institute,
Publication S1.4-1971, entitled Specification for Sound Level Meters, or its current
successor publication.
“Sound pressure level” means twenty (2) time the logarithm to the base ten (10) of the
ratio of the pressure of a sound to the reference pressure of twenty (20) micronewtons per
square meter (20 x 106 Newtons/meter2) and is expressed in decibels (dB).
“Tree maintenance equipment” means any equipment used in trimming or removing
trees only, and shall not be limited to chainsaws, shippers and stump removers.
Section 8.44.030 Prohibitions.
(a)It is unlawful for any person to use, keep, have in his or her possession or harbor any
domesticated animals which, by frequent or habitual howling, barking, meowing,
squawking or otherwise, shall cause annoyance or disturbance to person in the
neighborhood; provided, however, that the provisions of this Section shall not apply to
hospitals licensed for the treatment of small animals.
(b)It is unlawful for any person to carry or use upon a vehicle, other than Police of Fire
Department vehicles for public use, any gong, siren, whistle or red light similar to that
used on ambulances or vehicles of the Police and Fire Department.
(c)It is unlawful for any person to emit or cause to be emitted any noise which leaves the
premises on which it originates, inclusive of a public premises, crosses a property line
and enters onto any other premises in excess of the sound pressure levels during the
time periods as specified in Table 8-A below. In determining whether a violation of this
Section is occurring, the noise and/or noise source shall be measured at any point along
the property line or within the property line of the receiving or receptor premises.
(d)When in any case it is determined that the ambient sound level at the receiving
premises equals or exceeds the maximum allowable sound pressure level specified in
Table 8-A, the ambient sound level of the receiving premises is the standard which
cannot be exceeded by the subject or offending noise.
Table 8-A
Maximum Allowable Noise Levels (in dBA) with Time-of-Day Allowance
Zone 7:00 a.m. to 7:00 p.m. 7:00 p.m. to next 7:00 a.m.
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
Residential 55* 50
Commercial 60 55
Industrial 70 65
Construction 80** 75
*Note – Noise from Residential activities shall be from 7:00 a.m. to 10:00 p.m.
**Note – Noise from Construction activities shall be limited between 9:00 a.m. and 6:00 p.m.
on Sundays and national holidays.
Section 8.44.040 Exemptions.
Notwithstanding the provision of Section 8.44.030 above, the maximum allowable sound
pressure levels as set forth in Table 8-A above shall not apply to sounds emitted from:
(a)Any bell or chime from any building clock, school or church, but excluding any amplified
bell or chime sounds emitted from loudspeakers.
(b)Any siren, whistle, bell or audible warning device lawfully used by an emergency vehicle
or on construction equipment, or any other alarm system used in case of fire, collision, civil
defense, police activity or imminent danger; provided, however, that burglar alarms or
construction equipment alarms or warning devices not terminated within fifteen (15)
minutes after being activated shall be deemed a nuisance and unlawful.
(c)Any tree maintenance or lawn care equipment operated upon a residential, commercial,
industrial or construction premises during the time period between 7:00 a.m. and 7:00 p.m.
Monday through Saturday and 9:00 a.m. and 6:00 p.m. on Sundays and national holidays;
provided, however, that the operation of tree maintenance or lawn care equipment between
the hours of 7:00 p.m. and 7:00 a.m. shall not exceed the maximum sound pressure levels
as specified in Table 8-A above.
(d)Any construction equipment or activities in compliance with Section 8.44.050(c) below.
(e)Any domestic power equipment operated upon any residential, commercial, industrial or
public premises between 7:00 a.m. and 7:00 p.m.; provided that such equipment does not
exceed a sound pressure level of eighty (80) dB(A) when measured from the property line
of the property on which the equipment is being operated; and further provided that,
between the hours of 7:00 p.m. and 7:00 a.m., such equipment does not exceed the
maximum sound pressure levels as specified in Table 8-A above.
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
(f)Any commercial power equipment operated upon any residential, commercial, industrial
or public premises between 7:00 a.m. and 7:00 p.m., provided that such equipment does
not exceed a sound pressure level of eighty-eight (88) dB(A) when measured from the
property line of the property on which the equipment is being operated; and further
provided that between 7:00 p.m. and 7:00 a.m., such equipment does not exceed the
maximum sound pressure levels as specified in Table 8-A above.
(g)The musical instruments of any school marching band while performing at any sporting
event or marching band competition, and the musical instruments of any school marching
band practicing on school grounds that do not exceed sixty-five (65) dB(A) when measured
at the property line of any receiving residential premises.
(h)Snow removal equipment operated on any premises following a snowstorm; provided that
such equipment does not exceed the sound pressure limits of eighty-eight (88) dB(A)
commercial equipment, or eighty (80) dB(A) for domestic power equipment, when
measured from the property line of the property on which the equipment is being operated.
(i)Any power generator providing emergency electrical power at any hospital, health clinic,
nursing home or similar facility where the loss of electrical power poses an immediate risk
to the health, safety or welfare of any person, or at any premises where such equipment is
required by the Fire Department. Additionally, the noise emitted during the routine testing
of emergency electrical power generators shall not exceed eighty-eight (88) dB(A) from
the property line for the property on which the generator is operated. Routine testing shall
not exceed one (1) hour in any one-week period or two (2) hours in any six-week period,
and shall be confined to the hours of 10:00 a.m. to 4:00 p.m., or as otherwise approved.
(j)Any industrial, commercial, or construction premises exceeding the standards of Table 8-
A above at a receiving residential premises when such industrial, commercial or public
premises and their emitted noise level were in existence prior to the existence of the
residential premises; provided, however, that the existing industrial premises does not
exceed sixty-five (65) dB(A), and the commercial premises do not exceed sixty (60) dB(A),
when measured at the receiving residential premises.
(k)Any industrial, commercial, or construction premises exceeding the standards of Table 8-
A above at a receiving residential remises when such industrial, commercial or public
premises and their emitted noise level were in existence prior to the existence of the
residential premises; provided, however, that the existing industrial premises does not
exceed sixty-five (65), and the commercial premises do not exceed sixty (60) dB(A), when
measured at the receiving residential premises.
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
(l)Any noise specifically authorized by permit duly issued by the Town pursuant to Chapter
5.24 of the Avon Municipal Code, inclusive of the parade permit, and noise created or
caused by employees, contractors or agents of the Town while performing emergency work
or activities necessary to address a natural or manmade disaster, calamity or emergency.
Section 8.44.050 Prohibited noise activities.
Notwithstanding the sound pressure levels and/or limits permitted in Section 8.44.030 above,
the following activities are prohibited everywhere in the Town:
(a)No person shall at any time sound any horn or other audible signal device of a motor vehicle
unless it is necessary as a warning to prevent or avoid a traffic accident, or is reasonably
necessary to inform or warn of a vehicle presence, inclusive of audible back-up safety
warning devices.
(b)No person shall operate any trash compacting mechanism on any motor vehicle or on any
premises, nor shall any person engage in any trash, rubbish or garbage collection activity,
between the hours of 7:00 p.m. and 7:00 a.m. when such compacting or collection activity
takes place on any premises, other than a public premises, adjacent to, or across the street
or alley from, a residential premises.
(c)No person shall operate any construction equipment, nor conduct any construction
activities, that exceeds the noise limits of Table 8-A above between the hours of 7:00 p.m.
and 7:00 a.m.; provided, however, that the Town may grant variances from the construction
restrictions if it can be demonstrated that a construction project will interfere with traffic if
completed during daytime hours, or that other extenuating circumstances exist requiring
relief from this prohibition; and further excepting the operation of municipal street
sweeping equipment.
(d)Except for an authorized public address system utilized to announce a sporting or
recreational event, no noise shall be emitted from any radio, tape/CD player, electronic
sound system or similar electronic amplified sound reproduction or receiving device on or
within any public park or recreational area in excess of fifty-five (55) dB(A) unless
authorized under a permit as obtained under Chapter 5.24 of the Avon Municipal Code.
Section 8.44.060 Motor vehicle noise prohibited.
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
(a)No person shall operate, nor shall the owner permit the operation of, any motor vehicle or
combination of motor vehicles at any time or place when such operation exceeds the
following noise sound pressure levels for the category of motor vehicles as specified in
Table 8-B shall apply to all noise emitted from a motor vehicle, including any and all
equipment thereon, and under any condition of acceleration, deceleration, idle, grade or
load, and whether or not in motion; excepting audible backup safety warning devices.
(b)It is unlawful for any person to drive or move, or for the owner of any motor vehicle to
permit to be driven or moved, any motor vehicle which is not equipped with an approved
exhaust muffler satisfying the requirements of this Section; and/or to modify or change an
approved exhaust muffler, air intake muffler or any other sound-reducing device in such a
manner that the noise emitted from the motor vehicle exceeds the sound pressure levels as
established in Table 8-B below, or is increased above the sound pressure level of the vehicle
as originally manufactured. Muffler cutouts, bypasses or other devices which increase
sound pressure or change the original manufactured exhaust system of any motor vehicle
shall be considered a violation of this Chapter.
Section 8.44.070 Sound level measurements.
Sound level measurements made pursuant to this Article shall be made with a sound level
meter of standard design using the weighting network/scale.
Section 8.44.080 Amplified sound permits.
TABLE 8-B
Maximum Allowable Noise Sound Pressure Levels for Motor Vehicles
Type of Vehicle Time
Period
Maximum
Allowable
Sound Pressure
Level
Measurement
Distance
from Motor Vehicle
Motor vehicles weighing less than 10,000
lbs., manufacturer's gross
vehicle weight (GVWR)
At any
time
80 dB(A) 25 feet
Motor vehicles weighing 10,000 lbs. or
more, manufacturer's gross
vehicle weight (GVWR)
At any
time
86 dB(A) 25 feet
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
A permit to vary or temporarily waive the maximum allowable noise levels as specified in
this Article may be applied for and obtained from the Town for special events or activities in
accordance with Chapter 5.24 of this code.
Section 8.44.090 Inspections.
(a)For the purpose of determining compliance with the provisions of this Article, the Chief of
Police or other designated Town representative shall be authorized to make inspection of
all noise sources and to take measurements and tests whenever necessary to determine the
volume and character of noise. If any person refuses or restricts entry and free access to
any part of a premise, or refuses to allow the inspection, testing or noise measurement of
any activity, device, facility or motor vehicle where inspection is sought, the Town official
seeking such access and/or testing may petition the Municipal Court for a warrant for
inspection requiring that such person permit entry and free access to the subject premises
without interference, restriction or obstruction at a reasonable time for the purpose of
inspecting, testing or measuring noise. The Municipal Court shall have power, jurisdiction,
and authority to enforce all orders issued under the provisions of this Article.
(b)It is unlawful for any person to refuse to allow or permit Town officials charged with
enforcing this Chapter free access to any premises when such official is acting in
compliance with a warrant or court order issued by the Municipal Court.
(c)It is unlawful for any person to violate the provisions of any warrant to court order requiring
inspection, testing or measurement of noise or noise sources.
(d)No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to
interfere with any Town official performing his or her duties under this Chapter.
Section 8.44.100 Penalties.
Any person who violated any provision of this Chapter shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in an amount not to exceed one thousand
dollars, or be imprisoned for a period not to exceed one year, or by both such fine and
imprisonment. Each day such violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable under this Chapter.
Ord 25-08 - Repealing and Reenacting Chapter 8.44 – Noise Regulations
June 24, 2025
EXHIBIT B
REPEAL IN ITS ENTIRETY SECTION 8.24.085 OF THE AVON MUNICIPAL
CODE
Sec. 8.24.085 – Limitation of construction activity. Repealed
Construction and excavation activity which produces audible noise at the property lines
of the lot or parcel on which such activity is taking place shall be limited to between the hours of
9:00 a.m. and 6:00 p.m. on Sundays and national holidays, and between the hours of 7:00 a.m.
and 7:00 p.m. on all other days. Any construction or excavation activity that produces audible
noise at the property lines of the parcel containing such activity at times other than the hours
defined in this Section shall be deemed a public nuisance. The Town Manager, or his or her
designee, may grant an exception to the above work hours for specific construction activities
when it can be demonstrated that it is in the interest of the general public for those construction
activities to occur outside the above specified work hours. The grant of an exception may be
conditioned upon compliance with rules and conditions as specified by the Town Manager, or his
or her designee, to minimize impacts of the construction activities.
ARTICLE 12 NOISE ABATEMENT
25-12-101. Legislative declaration.
The general assembly finds and declares that noise is a major source of environmental pollution which
represents a threat to the serenity and quality of life in the state of Colorado. Excess noise often has
an adverse physiological and psychological effect on human beings, thus contributing to an economic
loss to the community. Accordingly, it is the policy of the general assembly to establish statewide
standards for noise level limits for various time periods and areas. Noise in excess of the limits
provided in this article constitutes a public nuisance.
25-12-102. Definitions.
As used in this article, unless the context otherwise requires:
(1)“Commercial zone” means:
(a)An area where offices, clinics, and the facilities needed to serve them are located;
(b)An area with local shopping and service establishments located within walking distances of the
residents served;
(c)A tourist-oriented area where hotels, motels, and gasoline stations are located;
(d)A large integrated regional shopping center;
(e)A business strip along a main street containing offices, retail businesses, and commercial
enterprises;
(f)A central business district; or
(g)A commercially dominated area with multiple-unit dwellings.
(2)“db(A)” means sound levels in decibels measured on the “A” scale of a standard sound level meter
having characteristics defined by the American national standards institute, publication S1. 4 - 1971.
(3)“Decibel” is a unit used to express the magnitude of a change in sound level. The difference in
decibels between two sound pressure levels is twenty times the common logarithm of their ratio. In
sound pressure measurements sound levels are defined as twenty times the common logarithm of the
ratio of that sound pressure level to a reference level of 2 x 10-5 N/m2 (Newton’s/meter squared). As
an example of the effect of the formula, a three-decibel change is a one hundred percent increase or
decrease in the sound level, and a ten-decibel change is a one thousand percent increase or decrease
in the sound level.
(4)
(a)“Industrial zone” means an area in which noise restrictions on industry are necessary to protect the
value of adjacent properties for other economic activity but shall not include agricultural, horticultural,
or floricultural operations.
(b)Nothing in paragraph (a) of this subsection (4), as amended by House Bill 05-1180, as enacted at
the first regular session of the sixty-fifth general assembly, shall be construed as changing the
property tax classification of property owned by a horticultural or floricultural operation.
(5)“Light industrial and commercial zone” means:
(a)An area containing clean and quiet research laboratories;
(b)An area containing light industrial activities which are clean and quiet;
(c)An area containing warehousing; or
(d)An area in which other activities are conducted where the general environment is free from
concentrated industrial activity.
(5.2) “Motorcycle” means a self-propelled vehicle with not more than three wheels in contact with the
ground that is designed primarily for use on the public highways.
(5.4) “Motor vehicle” means a self-propelled vehicle with at least four wheels in contact with the
ground that is designed primarily for use on the public highways.
(5.6) “Off-highway vehicle” means a self-propelled vehicle with wheels or tracks in contact with the
ground that is designed primarily for use off the public highways. “Off-highway vehicle” shall not
include the following:
(a)Military vehicles;
(b)Golf carts;
(c)Snowmobiles;
(d)Vehicles designed and used to carry persons with disabilities; and
(e)Vehicles designed and used specifically for agricultural, logging, firefighting, or mining purposes.
ATTACHMENT B
(6) “Residential zone” means an area of single-family or multifamily dwellings where businesses may
or may not be conducted in such dwellings. The zone includes areas where multiple-unit dwellings,
high-rise apartment districts, and redevelopment districts are located. A residential zone may include
areas containing accommodations for transients such as motels and hotels and residential areas with
limited office development, but it may not include retail shopping facilities. “Residential zone” includes
hospitals, nursing homes, and similar institutional facilities.
(7) “SAE J1287” means the J1287 stationary sound test or any successor test published by SAE
international or any successor organization.
(8) “SAE J2567” means the J2567 stationary sound test or any successor test published by SAE
international or any successor organization.
(9) “Snowmobile” means a self-propelled vehicle primarily designed or altered for travel on snow or ice
when supported in part by skis, belts, or cleats and designed primarily for use off the public highways.
“Snowmobile” shall not include machinery used strictly for the grooming of snowmobile trails or ski
slopes.
25-12-103. Maximum permissible noise levels.
(1) Every activity to which this article is applicable shall be conducted in a manner so that any noise
produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise
radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the
db(A) established for the following time periods and zones shall constitute prima facie evidence that
such noise is a public nuisance: 7:00 a.m. to 7:00 p.m. to
Zone next 7:00 p.m. next 7:00 a.m. Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A)
(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection
(1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any
one-hour period.
(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a
sound level of five db(A) less than those listed in subsection (1) of this section.
(4) This article is not intended to apply to the operation of aircraft or to other activities which are
subject to federal law with respect to noise control.
(5) Construction projects shall be subject to the maximum permissible noise levels specified for
industrial zones for the period within which construction is to be completed pursuant to any applicable
construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable
period of time for completion of project.
(6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article,
and the operation of trains shall be subject to the maximum permissible noise levels specified for such
zone.
(7) This article is not applicable to the use of property for purposes of conducting speed or endurance
events involving motor or other vehicles, but such exception is effective only during the specific period
of time within which such use of the property is authorized by the political subdivision or governmental
agency having lawful jurisdiction to authorize such use.
(8) For the purposes of this article, measurements with sound level meters shall be made when the
wind velocity at the time and place of such measurement is not more than five miles per hour.
(9) In all sound level measurements, consideration shall be given to the effect of the ambient noise
level created by the encompassing noise of the environment from all sources at the time and place of
such sound level measurement.
(10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining,
or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the
authority of any political subdivision having jurisdiction to regulate noise abatement.
(11) This article is not applicable to the use of property by this state, any political subdivision of this
state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations,
or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding
cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music
festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the
authority of any political subdivision having jurisdiction to regulate noise abatement.
(12)
(a) Notwithstanding subsection (1) of this section, the public utilities commission may determine, while
reviewing utility applications for certificates of public convenience and necessity for electric
transmission facilities, whether projected noise levels for electric transmission facilities are reasonable.
Such determination shall take into account concerns raised by participants in the commission
proceeding and the alternatives available to a utility to meet the need for electric transmission
facilities. When applying, the utility shall provide notice of its application to all municipalities and
counties where the proposed electric transmission facilities will be located. The public utilities
commission shall afford the public an opportunity to participate in all proceedings in which permissible
noise levels are established according to the “Public Utilities Law”, articles 1 to 7 of title 40, C.R.S.
(b) Because of the statewide need for reliable electric service and the public benefit provided by
electric transmission facilities, notwithstanding any other provision of law, no municipality or county
may adopt an ordinance or resolution setting noise standards for electric transmission facilities that
are more restrictive than this subsection (12). The owner or operator of an electric transmission
facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities
that comply with this subsection (12).
(c) For the purposes of this section:
(I) “Electric transmission facility” means a power line or other facility that transmits electrical current
and operates at a voltage level greater than or equal to 44 kilovolts.
(II) “Rights-of-way for electric transmission facilities” means all property rights and interests obtained
by the owner or operator of an electric transmission facility for the purpose of constructing,
maintaining, or operating the electric transmission facility.
25-12-104. Action to abate.
Whenever there is reason to believe that a nuisance exists, as defined in section 25-12-103, any
county or resident of the state may maintain an action in equity in the district court of the judicial
district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually
enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building
or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting
such nuisance. Notwithstanding any other provision of this section, a county shall not maintain an
action pursuant to this section if the alleged nuisance involves a mining operation or the development,
extraction, or transportation of construction materials, as those terms are defined in section 34-32.5-
103, C.R.S., a commercial activity, the commercial use of property, avalanche control activities, a
farming or ranching activity, an activity of a utility, or a mining or oil and gas operation. When
proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules
of civil procedure. The court may stay the effect of any order issued under this section for such time
as is reasonably necessary for the defendant to come into compliance with the provisions of this
article.
25-12-105. Violation of injunction - penalty.
Any violation or disobedience of any injunction or order expressly provided for by section 25-12-104
shall be punished as a contempt of court by a fine of not less than one hundred dollars nor more than
two thousand dollars. Each day in which an individual is in violation of the injunction established by
the court shall constitute a separate offense. The court shall give consideration in any such case to the
practical difficulties involved with respect to effecting compliance with the requirements of any order
issued by the court.
25-12-106. Noise restrictions - sale of new
vehicles.
(1) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or
offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise
limits, at a distance of fifty feet from the center of the lane of travel, under test procedures
established by the department of revenue:
(a) Any motorcycle manufactured on or after July 1, 1971, and before January 1, 1973 88 db(A);
(b) Any motorcycle manufactured on or after January 1, 1973 86 db(A);
(c) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured
on or after July 1, 1971, and before January 1, 1973 88 db(A);
(d) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured
on or after January 1, 1973 86 db(A);
(e) Any other motor vehicle manufactured on or after January 1, 1968, and before January 1,
1973 86 db(A);
(f) Any other motor vehicle manufactured after January 1, 197 84 db(A).
(g) (Deleted by amendment, L. 2008, p. 2102, § 2, effective July 1, 2010.)
(2) Test procedures for compliance with this section shall be established by the department, taking
into consideration the test procedures of the society of automotive engineers.
(3) Any person selling or offering for sale a motor vehicle or other vehicle in violation of this section
commits a civil infraction.
25-12-107. Powers of local authorities.
(1) Counties or municipalities may adopt resolutions or ordinances prohibiting the operation of motor
vehicles within their respective jurisdictions that produce noise in excess of the sound levels in
decibels, measured on the “A” scale on a standard sound level meter having characteristics
established by the American national standards institute, publication S1.4 - 1971, and measured at a
distance of fifty feet from the center of the lane of travel and within the speed limits specified in this
section:
(a) Any motor vehicle with a manufacturer’s gross vehicle weight rating of six thousand pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle other than a low-power scooter:
Speed limit of 35 mph
or less
Speed limit
of more
than 35 mph
but less than
55 mph
(I) Before January 1, 1973 88 db(A) 90 db(A)
(II) On and after January 1, 1973 86 db(A) 90 db(A)
(b) (Deleted by amendment, L. 2008, p. 2102, § 3, effective July 1, 2010.)
(2) The governing board shall adopt resolutions establishing any test procedures deemed necessary.
(3) This section applies to the total noise from a vehicle or combination of vehicles.
(4) For the purpose of this section, a truck, truck tractor, or bus that is not equipped with an
identification plate or marking bearing the manufacturer’s name and manufacturer’s gross vehicle
weight rating shall be considered as having a manufacturer’s gross vehicle weight rating of six
thousand pounds or more if the unladen weight is more than five thousand pounds.
25-12-108. Preemption.
Except as provided in sections 25-12-103 (12) and 25-12-110, this article shall not be construed to
preempt or limit the authority of any municipality or county to adopt standards that are no less
restrictive than the provisions of this article.
25-12-109. Exception - sport shooting ranges -
legislative declaration - definitions.
(1) The general assembly hereby finds, determines, and declares that the imposition of inconsistent,
outdated, and unnecessary noise restrictions on qualifying sport shooting ranges that meet specific,
designated qualifications work to the detriment of the public health, welfare, and morale as well as to
the detriment of the economic well-being of the state. The general assembly further finds, determines,
and declares that a need exists for statewide uniformity with respect to exempting qualifying shooting
ranges from the enforcement of laws, ordinances, rules, and orders regulating noise. As the gain
associated with having a uniform statewide exemption for qualifying sport shooting ranges outweighs
any gains associated with enforcing noise regulations against such ranges, the general assembly
further declares that the provisions of this section, as enacted, are a matter of statewide concern and
preempt any provisions of any law, ordinance, rule, or order to the contrary.
(2) As used in this section, unless the context otherwise requires:
(a) “Local government” means any county, city, city and county, town, or any governmental entity,
board, council, or committee operating under the authority of any county, city, city and county, or
town.
(b) “Local government official” means any elected, appointed, or employed individual or group of
individuals acting on behalf of or exercising the authority of any local government.
(c) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity.
(d) “Qualifying sport shooting range” or “qualifying range” means any public or private establishment,
whether operating for profit or not for profit, that operates an area for the discharge or other use of
firearms or other equipment for silhouette, skeet, trap, black powder, target, self-defense,
recreational or competitive shooting, or professional training.
(3) Notwithstanding any other law or municipal or county ordinance, rule, or order regulating noise to
the contrary:
(a) A local governmental official may not commence a civil action nor seek a criminal penalty against a
qualifying sport shooting range or its owners or operators on the grounds of noise emanating from
such range that results from the normal operation or use of the qualifying shooting range except upon
a written complaint from a resident of the jurisdiction in which the range is located. The complaint
shall state the name and address of the complainant, how long the complainant has resided at the
address indicated, the times and dates on which the alleged excessive noise occurred, and such other
information as the local government may require. The local government shall not proceed to seek a
criminal penalty or pursue a civil action against a qualifying sport shooting range on the basis of such
a noise complaint if the complainant established residence within the jurisdiction after January 1,
1985.
(b) No person may bring any suit in law or equity or any other claim for relief against a qualifying
sport shooting range located in the vicinity of the person’s property or against the owners or operators
of such range on the grounds of noise emanating from the range if:
(I) The qualifying range was established before the person acquired the property;
(II) The qualifying range complies with all laws, ordinances, rules, or orders regulating noise that
applied to the range and its operation at the time of its construction or initial operation;
(III) No law, ordinance, rule, or order regulating noise applied to the qualifying range at the time of its
construction or initial operation.
25-12-110. Off-highway vehicles.
(1) An off-highway vehicle operated within the state shall not emit more than the following level of
sound when measured using SAE J1287:
(a) If manufactured before January 1, 1998 99 db(A);
(b) If manufactured on or after January 1, 1998 96 db(A).
(2) A snowmobile shall not emit more than the following level of sound when measured using SAE
J2567:
(a) If manufactured on or after July 1, 1972, and before July 2, 1975 90 db(A);
(b) If manufactured on or after July 2, 1975 88 db(A).
(3)
(a) A person shall not sell or offer to sell a new off-highway vehicle that emits a level of sound in
excess of that prohibited by subsection (1) of this section unless the off-highway vehicle complies with
federal noise emission standards. A person shall not sell or offer to sell a new snowmobile that emits a
level of sound in excess of that prohibited by subsection (2) of this section unless the snowmobile
complies with federal noise emission standards.
(b) For the purposes of this section, a “new” snowmobile or off-highway vehicle means a snowmobile
or off-highway vehicle that has not been transferred on a manufacturer’s statement of origin and for
which an ownership registration card has not been submitted by the original owner to the
manufacturer.
(4) This section shall not apply to the following:
(a) A vehicle designed or modified for and used in closed-circuit, off-highway vehicle competition
facilities;
(b) An off-highway vehicle used in an emergency to search for or rescue a person; and
(c) An off-highway vehicle while in use for agricultural purposes.
(5) A person who violates this section commits a civil infraction.
(6) No municipality or county may adopt an ordinance or resolution setting noise standards for off-
highway vehicles or snowmobiles that are more restrictive than this section.
(7)
(a) Nothing in this section shall be construed to modify the authority granted in section 25-12-103.
(b) Nothing in this section shall be construed to authorize the test to produce a less restrictive
standard than the J1287 stationary sound test or the J2567 stationary sound test published by SAE
international or any successor organization.
(8) The following shall be an affirmative defense to a violation under this section if the off-highway
vehicle or snowmobile:
(a) Was manufactured before January 1, 2005;
(b) Complied with federal and state law when purchased;
(c) Has not been modified from the manufacturer’s original equipment specifications or to exceed the
sound limits imposed by subsection (1) or (2) of this section; and
(d) Does not have a malfunctioning exhaust system.
970-748-4413 matt@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Matt Pielsticker, Director of Community Development
RE: 1st Reading Ordinance 25-12
Limited Short Term Rental Licenses
DATE: June 12, 2025
SUMMARY: The Town’s current Short Term Rental (“STR”) licensing program was approved in 2022. The
STR program limits multi-family properties outside the Town Core to 15% of the total number of units on
each property. Resident occupied (“STR-RO”) short term license and limited short term rental licenses
(“STR-L”) are not subject to the 15% cap. The STR-L license type is listed as an exception to the 15% cap
in Avon Municipal Code Section 5.04.050(g)(3); however, the definition of STR-L was inadvertently omitted
during the final adoption and codification process.
Avon Staff has been issuing licenses for STR-L since Council approved the revised Short Term Rental
program in 2022.
Ordinance 25-12 (“Attachment A”) provides the definition: “Limited Short Term Rental means any
residential property which is limited to forty-two (42) nights of rental, not including rental periods of more
than thirty (30) consecutive nights, within the 365 day period in which the Short Term Rental License is
valid.”
OPTIONS:
• Approve 1st Reading of Ordinance 25-12
• Continue 1st Reading of Ordinance 25-12
• No Action
RECOMMENDATION: I recommend Council approve Ordinance 25-12.
PROPOSED MOTION: “I move to approve first reading of Ordinance 25-12 AMENDING SECTION
5.04.050 OF THE AVON MUNICIPAL CODE TO DEFINE SHORT TERM RENTAL LIMITED LICENSES.”
Thank you, Matt
ATTACHMENT A: Ordinance 25-12
Ord 25-12 Short Term Rental Limited
June 24 2025 – First Reading
Page 1 of 3
ORDINANCE 25-12
AMENDING SECTION 5.04.050 OF THE AVON MUNICIPAL CODE
TO DEFINE SHORT TERM RENTAL LIMITED LICENSES
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 (“Council”) adopted Ordinance 22-08
and Ordinance 22-09 to regulate short term rentals, including the minimum management
requirements; and
WHEREAS, Council conducted public hearings when adopting Ordinance 22-08 and 22-09, where
a Short Term Rental Limited license type was discussed as a way for property owners to rent
individual units up to forty-two (42) days in a calendar year despite rental caps on properties
outside of the Town Core; and
WHEREAS, Council finds that approval of this Ordinance is necessary to define a license type that
was erroneously omitted from the adoption process for short term rental licensing; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of Council.
Section 2. Municipal Code Amendments. Section 5.04.050 of the Avon Municipal Code
is amended as set forth in Exhibit A: Section 5.04.050 Short Term Rentals.
Ord 25-12 Short Term Rental Limited
June 24 2025 – First Reading
Page 2 of 3
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 25-12 Short Term Rental Limited
June 24 2025 – First Reading
Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on June 24, 2025 at the Council Chambers of the
Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado and
referred to a public hearing on July 22, 2025.
BY: ATTEST:
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on July 22,
2025.
BY: ATTEST:
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
Nina Williams, Town Attorney
ATTACHMENT A to Ordinance 25-12
Page 1 of 4
CHAPTER 5.04.050 Short Term Rentals
(a) Short Term Rental License. A Short Term Rental License shall be obtained from the Town
prior to any operation of a Short Term Rental or Resident Occupied Short Term Rental. The
Short Term Rental License shall serve as the Business License for a residential unit. Failure
to obtain and continuously maintain a Short Term Rental License while operating a
residential dwelling, or portion thereof, as a Short Term Rental shall be a violation of this
Chapter 5.04.
(b) Short Term Rental Definitions. The following terms are defined and apply to Short Term
Rentals
(1) Front Desk or Manager means any arrangement where a property has an on-site24-
hour front desk or a manager arrangement that manages multiple residential units on
the same property.
(2) Limited Short Term Rental means any residential property which is limited to
forty-two (42) nights of rental, not including rental periods of more than thirty
(30) consecutive nights, within the 365 day period in which the Short Term Rental
License is valid.
(2) (3) Resident Occupied Short Term Rental means any residential property for which a
full-time resident resides at such residential property as that resident's Primary
Residence, as defined in Section 3.12.020, and for which a portion of the residence
including other bedrooms, but not the entire residence, is rented for fewer than 30
consecutive days.
(4) STR-L means a license to operate a Limited Short Term Rental.
(3) (5) RO-STR License means a license to operate a Resident Occupied Short Term
Rental.
(4) (6) STR License means a license to operate a Short Term Rental or Resident Occupied
Short Term Rental.
(5) (7) Short Term Rental means any residential property for which the entire residence is
rented for fewer than thirty (30) consecutive days and is assessed as residential
property by the Eagle County Assessor.
(c) Fees. A Short Term Rental License Fee shall be paid in lieu of the Business License Fee.
The Short Term Rental License Fee shall be paid annually. License options shall be as
follows:
(1) Resident Occupied Short Term Rental: $150
(2) Front Desk/Manager for Time Share: $250 plus $25 for each bedroom on the property
that is used for short term rental.
(3) Short-Term Rentals:
Page 2 of 4
(i) Studio or One Bedroom:$350
(ii) Two Bedroom:$400
(iii) Three Bedroom:$450
(iv) Four Bedroom or Greater:$500
(d) Minimum STR Management Requirements. The following Minimum STR Management
Requirements shall be continuously met by an STR License holder, including a RO-STR
License holder, and the failure to continuously meet these minimum management
requirements shall be deemed a violation of this Chapter and grounds for denial, suspension,
or revocation of a STR License under this Chapter 5.04. The STR License holder shall sign
an affidavit each year upon obtaining an STR License and renewing such license that shall
affirm compliance with these Minimum STR Management Requirements:
(1) Management Contact. The STR License Holder shall communicate current contact
information for a Management Contact person to all renters who shall be available to
respond to urgent matters, such as water leaks or heating malfunction. The contact
information shall include a cell phone number and email address. The designated
Management Contact shall be available to respond to any renter within four (4) hours
by phone or email and shall be available to respond in person, or cause a designee or
agent to respond in person, within twenty-four (24) hours.
(2) Smoke Alarm, Carbon Monoxide Alarm, and Fire Extinguishers. The STR License
Holder shall provide and maintain smoke alarms, carbon monoxide alarms, and fire
extinguishers as required to meet minimum building codes for transient occupancy.
(3) Maximum Occupancy. The maximum occupancy for any STR License and RO-
License shall be two (2) persons per bedroom and loft area plus two (2) persons.
(4) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys
must be cleaned on an annual basis.
(5) General Maintenance. The STR License holder shall continuously maintain the
property in a manner that is fit for occupancy by visitors, including but not limited to
all plumbing, electrical, heating and cooling, and operation of doors and windows.
(6) Parking. The STR License holder shall provide a legal off-street parking space to serve
the STR License which meets the parking requirements of a Development Plan
approved by the Town of Avon or meets the minimum parking requirements set forth
in the Avon Development Code.
(7) Trash and Recycling. The STR License holder shall provide service for trash and
recycling removal and/or access to trash and recycling removal which is located on the
property where the STR unit is located.
(8) Noise. The STR License holder shall communicate to rents that noise which is
disturbing to occupants in other neighboring residential units is not permitted before
8:00 a.m. or after 10:00 p.m..
(9) Nuisances. The STR License holder shall communicate to renters that nuisances will
not be tolerated, including but not limited to odors, smoking, and barking dogs.
Page 3 of 4
(10) Accurate Representation. The STR License holder shall accurately represent the
residential unit and associated amenities to rents, including but not limited to size or
type of unit, number of bedrooms, number of bathrooms, access to WIFI, and access to
common amenities provided on, or with, the property where the STR is located.
(11) Renter Information. The STR License holder shall provide to renters the information
and rules in this section, the STR License number and such other minimum
information as the Town may determine appropriate for Minimum STR Management
Requirements.
(e) Additional Minimum RO-STR Management Requirements. RO-STR License holders must
comply with all other Minimum STR Management Requirements. Additionally, a RO-STR
License holder must designate by name the resident or residents that reside at the property
as their Primary Residence, as defined in Section 3.12.020, and such designated residents
must be physical in residence for a portion of each of day that there are short-term rental
occupants at the residence.
(f) Advertisement of accommodations. Every property owner providing any room or rooms
used for STR for a duration of fewer than thirty (30) consecutive days shall obtain and
maintain an STR License or RO-STR License prior to advertising such STR. The failure to
obtain a business license prior to advertising such STR shall be a violation of this Chapter.
Advertisement shall include any written, oral or video communication or publication
disseminated by signage, mailing, print, internet listing, e-mail publication, social media,
other electronic means, telephone or other means which is intended to directly or indirectly
induce a person to use or rent the property for consideration. Any advertisement of STR
shall prominently display the Avon business license number in the advertisement as, "Avon
STR License No. (insert number]". The failure to prominently display the Avon business
license number in any advertisement of STR shall be a violation of this Chapter.
(g) Limitations of Short Term Licenses. The total number of licenses permitted for a Property
in the [STRO] zone district and outside the Town Core, as defined in 7.08.010 and as
delineated on the Town Core Map, shall be 15% of the total number of residential units for
such Property, with the following exceptions and modifications:
(1) A Property for the purposes of this section shall mean a multi-family residential
development associated with a site-specific subdivision plat approval for such property
which typically has a distinct subdivision name.
(2) The number of allowed STR licenses shall be rounded up to the nearest whole and
shall not be less than one (1) for any Property.
(3) There shall be no limit of STR-RO or STR-L
(h) Administration of Short Term Rental Licenses. The Community Development Department
shall review license applications and license renewals for STRs, and RO-STRs, and STR-
Ls, and provide verification to the Finance Director that licenses meet the Minimum STR
Management Requirements for STR Licenses, RO-STR Licenses, STR-L Licenses, and all
relevant provisions of Business Licenses generally. The Community Development
Department shall have the authority to create and adopt application forms, procedures for
registering complaints, and such additional rules and regulations as may be required to
Page 4 of 4
implement and efficiently administer STR Licenses, and RO-STR Licenses, and Limited
STR-L Licenses.
(i) Complaints and Violations. The Community Development Department shall receive
complaints concerning Short Term Rentals including any violations or non-compliance with
the requirements of this Section. The Community Development Department shall
investigate complaints and provide recommendations to the Finance Director if non-action,
a warning, a fine, denial, suspension or revocation of an STR License is appropriate. In all
cases, the complaint shall be communicated to the STR License holder. The procedures and
criteria for revocation of Business Licenses set forth in Section 5.04.110 shall apply to
proceedings for revocation of an STR License. The provisions set forth in Chapter 5.04
Business Licenses generally for violations, penalties and enforcement shall apply to STR
Licenses.
303-376-8515 betsy@wwfdlaw.com
TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Assistant Town Attorney Betsy L. Stewart
RE: 1st Reading Ordinance 25-13 – Adopting a New Chapter 8.27 Regarding
Local Regulation of Natural Medicine and Amending Section
7.24.040 Regarding Table of Allowed Uses
DATE: June 17, 2025
SUMMARY: Please see the attached Memo re: Local Regulation of Natural Medicine for an overview of the
laws and regulations surrounding natural medicine in Colorado.
BACKGROUND: On February 25, 2025, Avon Town Council (Council) adopted an Emergency Ordinance
Imposing a Temporary Moratorium on the Submission, Acceptance, Processing, and Approval of Applications
for and/or the Establishment of Natural Medicine Healing Centers and Businesses within Town Limits
(Temporary Moratorium) that expires on August 25, 2025. The following actions occurred since that time:
•April 22, 2025: Council conducted a Work Session to provide policy direction to the Town Attorney’s
Office in preparing an Ordinance regarding Local Regulation of Natural Medicine.
•June 9, 2025: The Planning and Zoning Commission held a public hearing on the proposed
Ordinance regarding Local Regulation of Natural Medicine and recommended approval of the
attached Ordinance to Town Council.
•June 24, 2025: First Reading of the attached Ordinance regarding Local Regulation of Natural
Medicine.
•July 22, 2025: Second Reading of the Ordinance regarding Local Regulation of Natural Medicine is
scheduled to occur.
RECOMMENDATION: Both the Planning and Zoning Commission and the Town Attorney’s Office
recommend Council approve the attached Ordinance regarding Local Regulation of Natural Medicine.
PROPOSED MOTION: “I move to approve Ordinance No. 25-13, adopting a New Chapter 8.27 Regarding
Local Regulation of Natural Medicine and Amending Section 7.24.040 Regarding Table of Allowed Uses on
First Reading.”
Thank you, Betsy
ATTACHMENT A: Memo re: Local Regulation of Natural Medicine
ATTACHMENT B: Ordinance 25-13 – Adopting a New Chapter 8.27 Regarding Local Regulation of
Natural Medicine and Amending Section 7.24.040 Regarding Table of Allowed Uses
ATTACHMENT C: Zoining Map Showing Permitted Natural Medicine Locations and School Proximity
Constraints
1314 Main Street, Suite 101, Louisville, CO 80027
betsy@wwfdlaw.com - (303) 376-8515
Page 1 of 4
MEMORANDUM
To: Honorable Mayor Tamra N. Underwood and Town Council
From: Town Attorney’s Office – Betsy L. Stewart
Date: 06/17/2025
Re: Local Regulation of Natural Medicine
A.Introduction
This memo contains an overview of the laws and regulations surrounding natural medicine
to assist Town Council with understanding the state of the law and the manner in which natural
medicine can be regulated by the Town.
B.Historical Background of the Natural Medicine Act
In 2022 Colorado voters adopted Proposition 122 which is now codified as the Natural
Medicine Act (NMA) in C.R.S § 12-170-101, et seq. In 2023, the legislature adopted the Natural
Medicine Code (NMC) which sets forth additional guidelines for the use and cultivation of natural
medicine in C.R.S. § 44-50-101, et seq.1
In short, Colorado voters determined that natural medicine should be utilized as an
additional tool to address mental health issues in the state.2 As a result, the purpose of the NMA is
to establish a “new, compassionate, and effective approach to natural medicine” by (1) removing
criminal penalties for personal use of natural medicine for adults 21 years of age and older; (2)
developing and promoting public education regarding the use of natural medicine and appropriate
training for first responders; and (3) establishing regulated access by adults 21 years of age and
older to natural medicines that show promise in improving well-being, life satisfaction, and overall
health.3 The legislature also recognized that the NMA and its regulations must balance the health
and safety risks to consumers and the cultural harms it could cause to American tribes and
Indigenous and traditional communities with connections to natural medicine.4
The Department of Regulatory Agencies (DORA) recently issued licensure and training
regulations for natural medicine facilitators.5 Meanwhile, the Colorado Department of Revenue’s
(CDOR) regulations address all regulated natural medicine and natural medicine product
businesses for the purposes of the cultivation, manufacturing, testing, storage, distribution,
transport, transfer, dispensation, and licensure fees.6
1 See https://www.cpr.org/2023/06/21/colorado-psychedelic-law-for-psilocybin-mushrooms/ for a Colorado Public
Radio News Article re: the historical background of Proposition 122.
2 C.R.S. § 12-170-102(1).
3 C.R.S. § 12-170-102(1)(j).
4 C.R.S. § 12-170-102(2)(d).
5 4 CCR 755-1.
6 1 CCR 213-1.
ATTACHMENT A
1314 Main Street, Suite 101, Louisville, CO 80027
betsy@wwfdlaw.com - (303) 376-8515
Page 2 of 4
C. Analysis of the NMA, NMC, and Regulations
1. What is natural medicine?
The term “natural medicine” currently applies to the hallucinogenic compounds of
psilocybin and psilocin found in psychedelic mushrooms.7
2. How can natural medicine be used?
a. Personal Cultivation and Personal Possession
Personal cultivation of natural medicine is permitted on private property in an enclosed and
locked space in an area of no more than 12 x 12 feet. Such cultivation area can be non-contiguous,
i.e. in one 12’ x 12’ plot or twelve 1’ x 1’ plots, etc. Municipalities are permitted to exceed the
space limitation by ordinance or resolution.
Unlike the state’s personal possession limit of 2 ounces for marijuana, there is no limit on
personal possession of natural medicine in the state for adults 21 years of age and older (21+). 21+
adults can share natural medicine with other 21+ adults in the context of counseling, spiritual
guidance, community based use, supported use, or related services so long as no renumeration is
received except in bona fide harm reduction or support services used concurrently with sharing. It
is important to note that the open and public display or consumption is prohibited as is the unlawful
distribution and possession of natural medicine by or to individuals under the age of 21.8
b. Natural Medicine Healing Centers
A Natural Medicine Healing Center is a state licensed facility in which a facilitator can
provide and supervise natural medicine services to a participant. Participants must be 21+ to
receive natural medicine services by and under a facilitator’s services and a facilitator is a 21+
licensed individual with necessary qualifications, training, experience, and knowledge required by
law to perform and supervise natural medicine services for a participant.9 The administration of
natural medicine in a Healing Center consists of the following three phases:
• A “preparation session” meeting between a participant and facilitator that occurs before
an administration session;
• An “administration session” at a healing center or other permitted location where a
participant consumes and experiences the effects of regulated natural medicine under
the supervision of a facilitator; and
• An “integration session” between a participant and a facilitator after the administration
session is completed.
7 C.R.S. § 12-170-104(12)(a)(I)-(II). However, C.R.S. §§ 12-170-104(12)(b)(I)-(III) and (d) permit the state licensing
authority to extend this definition to include dimethyltryptamine (DMT) and mescaline (excluding peyote) on or after
June 1, 2026 and ibogaine at any time.
8 See C.R.S. § 18-18-434 regarding Offenses relating to natural medicine and natural medicine products.
9 C.R.S. §§ 12-170-104 and 44-50-103 and 4 CCR 755-1-1.4
1314 Main Street, Suite 101, Louisville, CO 80027
betsy@wwfdlaw.com - (303) 376-8515
Page 3 of 4
DORA’s regulations establish time frames that a participant must remain in an
administration session under a facilitator’s care based on dosage administered as a way to prevent
impaired driving.10 Natural medicine product is not permitted to leave a licensed Healing Center
except in narrow circumstances when a facilitator is traveling to another location for an
administrative session and any unconsumed product must be returned to a Natural Medicine
business.11 Finally, as a general rule, Healing Centers must be at least 1,000 feet from a licensed
childcare center, preschool, elementary, middle, junior, or high school, or a residential child care
facility.12
3. What does the NMA mean for municipalities?
a. What is prohibited?
The most controversial aspect of the NMA is that, unlike marijuana, a municipality cannot
prohibit a properly licensed facilitator from providing natural medicine services in a Healing
Center within the boundaries of Avon.13 Likewise, the Town cannot prohibit the establishment
or operation of a business with the purpose of cultivating, manufacturing, testing, storing,
distributing, transporting, transferring, or dispensing regulated natural medicine within its
boundaries.14 Furthermore, the Town cannot prohibit the transportation of natural medicine or
natural medicine product within its boundaries on public roads by a person licensed to exercise
such privileges nor can it adopt ordinances or regulations that are unreasonable or conflict with
the NMA or the NMC.15 However, it is important to note that state laws and regulations do not
allow natural medicine dispensaries where an individual can purchase natural medicine over the
counter (as they can do with marijuana in a marijuana dispensary) and take it home for personal
use off premises.
b. What is permitted?
The Town may enact ordinances or regulations governing the time, place, and manner of
the operation of natural medicine related licenses within its boundaries.16 Practically speaking, this
means the Town can restrict hours of operation, enact zoning ordinances to locate the area where
cultivation, manufacturing, testing, storage, distribution, transfer, and dispensation of natural
medicine and natural medicine product occurs, and set distance requirements within the vicinity
of a child care center, preschool, elementary, middle, junior, or high school, or a residential child
care facility.
10 4 CCR 755-1 § 6.17(F).
11 4 CCR 755-1 § 6.18.
12 1 CCR 213-1 § 2125(A)(2).
13 C.R.S. § 12-170-112; C.R.S. § 44-50-104(5)(b).
14 C.R.S. § 44-50-104(1) and (5).
15 C.R.S. § 44-50-104(5)(c)-(d).
16 C.R.S. § 44-50-104(5)(a); C.R.S. § 12-170-112; 4 CCR 755-1; 1 CCR 213-1.
1314 Main Street, Suite 101, Louisville, CO 80027
betsy@wwfdlaw.com - (303) 376-8515
Page 4 of 4
c. State Licensure Timeline and Notification to Municipalities
CDOR is now issuing natural medicine business licenses and intends to notify a
municipality when it receives a licensure application in its jurisdiction to ensure that the
application conforms with local ordinances. DORA is now issuing natural medicine facilitator
licenses as well.
d. What are the effects of decriminalization?
Engaging in the operation of a Natural Medicine Healing Center or Business and/or acting
as a Natural Medicine Facilitator are all lawful acts so long as these activities are being conducted
with the requisite licensure, training, registration, permit, or certificate. As a result, these actions
cannot be deemed an offense under state or local law. Furthermore, as stated in more detail above,
personal cultivation, possession, and consumption for 21+ is now legal in Colorado subject to a
few restrictions. However, it is clear that local law enforcement has the authority to make arrests
or issue citations within the parameters of C.R.S. § 18-18-434 for violations of the law.
4. What can the Town do?
Council will need to decide whether or not it wants to implement time, place, and manner
restrictions in the form of an Ordinance that does not conflict with state law or regulations.
ORDINANCE 25-13: LOCAL REGULATION OF NATURAL MEDICINE
06/24/2025
ORDINANCE NO. 25-13
ADOPTING A NEW CHAPTER 8.27 REGARDING LOCAL REGULATION OF
NATURAL MEDICINE AND AMENDING SECTION 7.24.040 REGARDING
TABLE OF ALLOWED USES
WHEREAS, the Town of Avon, Colorado (Town) is duly organized and validly exists as a
Home Rule Town under Article XX, Section 6 of the Colorado Constitution and the Town’s Home
Rule Charter; and
WHEREAS, pursuant to C.R.S. § 31-15-401, the Town possesses the authority to adopt
laws and ordinances within its police power in furtherance of the public health, safety, and welfare;
and
WHEREAS, C.R.S. § 29-20-101, et seq., provides the Town with the broad authority to
plan for and regulate the use of land to best protect and promote the health, safety, and general
welfare of the present and future inhabitants of the Town and to guide future growth, development,
and distribution of land uses within the Town; and
WHEREAS, pursuant to C.R.S. § 31-23-301, et seq. the Council has authority to adopt
and enforce zoning regulations; and
WHEREAS, Colorado voters adopted citizen initiated Proposition 122, which amended
Title 12 of the Colorado Revised Statues to include Article 170, now designated as the “Natural
Medicine Health Act of 2022” (NMHA); and
WHEREAS, the Colorado Natural Medicine Code (Regulatory Act), codified in C.R.S. §§
44-50-101 through 904 authorizes Town Council to enact ordinances regulating the time, place,
and manner of the operation of licenses issued pursuant to the Regulatory Act; and
WHEREAS, C.R.S. §§ 12-170-115 and 44-50-104 establish that the Town shall not adopt,
enact, or enforce any ordinance, rule, regulation, or resolution that is otherwise in conflict with the
provisions of the NMHA or the Regulatory Act.; and
WHEREAS, C.R.S. §§ 12-170-104(8) and 44-50-103(6) define “healing center” as a
facility licensed by the state licensing authority that permits a facilitator to provide and supervise
natural medicine services for a participant; and
WHEREAS, C.R.S. § 44-50-103(14) defines “natural medicine business” as “a natural
medicine healing center, a natural medicine cultivation facility, a natural medicine products
manufacturer, a natural medicine testing facility, or another licensed entity created by the state
licensing authority;” and
ATTACHMENT B
ORDINANCE 25-13: LOCAL REGULATION OF NATURAL MEDICINE
06/24/2025
WHEREAS, the Regulatory Act authorizes Council to enact zoning ordinances identifying
the area where cultivation, manufacturing, testing, storage, distribution, transfer, and dispensation
of natural medicine and natural medicine product as defined by the Regulatory Act may be
permitted in the Town; and
WHEREAS, the Regulatory Act authorizes Council to enact ordinances to establish the
distance restrictions for buildings where natural medicine services are provided within the vicinity
of a child care center, preschool, elementary school, middle school, junior high school, or high
school, and a residential child care facility; and
WHEREAS, the Town’s Municipal Code (Code) contains land use and development
standards enacted to protect the health, safety, and welfare of residents of the Town; and
WHEREAS, under the Town’s current land use and development standards, the operation
of natural medicine healing centers and natural medicine businesses are not permitted land uses
and the Town has not approved any such land use; and
WHEREAS, the Town does not currently have any zoning regulations addressing natural
medicine healing centers and natural medicine businesses; and
WHEREAS, the Council finds that it is in the best interest of the health, safety, and welfare
of the Town and its residents to adopt a new Chapter 8.27 in Title 8 of the Avon Municipal Code
titled Natural Medicine to encompass local regulations surrounding natural medicine in the Town;
and
WHEREAS, the Council finds that it is in the best interest of the health, safety, and welfare
of the Town and its residents to amend Section 7.20.040 – Table 7.24-1 regarding Allowed Uses
to identify the areas where natural medicine healing centers and natural medicine businesses other
than healing centers may operate within the Town; and
WHEREAS, on February 25, 2025, Council adopted Ordinance No. 2025-07 titled An
Emergency Ordinance Imposing a Temporary Moratorium on the Submission, Acceptance,
Processing, and Approval of Applications for and/or the Establishment of Natural Medicine
Healing Centers and Businesses within Town Limits (Temporary Moratorium); and
WHEREAS, Section 2(b) of the Temporary Moratorium established that it shall terminate
on the 25th day of August, 2025 unless terminated at an earlier date or extended by further
Ordinance by Council; and
WHEREAS, the Temporary Moratorium shall expire upon the effective date of the
adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
ORDINANCE 25-13: LOCAL REGULATION OF NATURAL MEDICINE
06/24/2025
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. Title 8 of the Avon Municipal Code is hereby amended by adopting a new Chapter
8.27 titled of Natural Medicine to read in its entirety as follows:
Section 8.27.010 – Definitions
For purposes of this Chapter, the following words, terms, and phrases shall have the following
meanings:
Natural Medicine means psilocybin or psilocyn and other substances described in the Regulatory
Act as "natural medicine.”
Natural Medicine Business means any of the following entities licensed under the Regulatory Act
and includes a natural medicine healing center, a natural medicine cultivation facility, a natural
medicine products manufacturer, or a natural medicine testing facility, or another licensed entity
created by the state licensing authority.
Natural medicine healing center means a facility where an entity is licensed by the state licensing
authority that permits a facilitator as defined by the Regulatory Act, to provide and supervise
natural medicine services for a participant as defined by the Regulatory Act, which includes a
participant consuming and experiencing the effects of regulated natural medicine or regulated
natural medicine product under the supervision of a facilitator.
Natural medicine product means a product infused with natural medicine that is intended for
consumption, as provided by the Regulatory Act.
Natural medicine services mean a preparation session, administrative session, and integration
session, as provided by the Regulatory Act.
Participant means an individual who is twenty-one (21) years of age or older who receives natural
medicine services prescribed by and under the supervision of a facilitator, as provided by the
Regulatory Act.
Regulated natural medicine means natural medicine that is cultivated, manufactured, tested,
stored, distributed, transported, or dispensed, as provided by the Regulatory Act.
Regulated natural medicine product means a natural medicine product that is cultivated,
manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Regulatory
Act.
Regulatory Act means the Colorado Natural Medicine Code codified in Colorado Revised Statutes.
State licensing authority means the authority created under the Regulatory Act for the purpose of
regulating and controlling the licensing of the cultivation, manufacturing, testing, storing,
distribution, transfer, and dispensation of regulated natural medicine and regulated natural
medicine product, as provided by the Regulatory Act.
ORDINANCE 25-13: LOCAL REGULATION OF NATURAL MEDICINE
06/24/2025
Section 8.27.020 Permitted location for natural medicine healing centers.
Natural medicine healing centers are a permitted use in the Neighborhood Commercial Zoning
District (NC), the Mixed Use Commercial Zoning District (MC), the Town Center Zoning District
(TC), the Shopping Center Zoning District (SC), and the Light Industrial and Commercial Zoning
District (IC) subject to the distance, time, manner, and place requirements contained in this Chapter
8.27. Natural medicine healing centers are prohibited in all other zoning districts in the Town.
Section 8.27.030 Permitted locations for natural medicine businesses other than healing
centers.
Natural medicine businesses other than natural medicine healing centers including, but not limited
to, cultivation facilities, natural medicine products manufacturers, natural medicine testing
facilities, and other licensed natural medicine business entities created by the state licensing
authority are permitted uses in the Light Industrial and Commercial Zoning District (IC) subject
to the distance, time, manner, and place requirements contained in this Chapter 8.27. Such natural
medicine businesses – other than natural medicine healing centers - are prohibited in all other
zoning districts of the Town.
Section 8.27.040 Distance from Schools.
(a) No natural medicine healing center or natural medicine business shall operate out of a
building that is within one thousand (1,000) feet of a child care center, preschool,
elementary, middle, junior, or high school, or a residential child care facility (collectively
“School”).
(b) Subsection (a) does not apply to a properly licensed natural medicine healing center or
natural medicine business that was actively doing business before a School was established
and/or constructed within one thousand (1,000) feet of such natural medicine healing center
or natural medicine business.
(c) The distances referred to in this Section shall be computed by direct measurement from the
nearest property line of the land used for a School to the nearest portion of the building in
which the natural medicine healing center or natural medicine business exists or services are
provided using a route of direct pedestrian access.
Section 8.27.050 Hours of operation – natural medicine services.
Natural medicine healing centers and natural medicine businesses that provide natural medicine
services shall be permitted to operate any day of the week between 7:00 a.m. to 7:00 p.m.
Section 8.27.060 Public view of natural medicine businesses and natural medicine
services.
All doorways, windows, and other openings of natural medicine business buildings shall be located,
covered, or screened in such a manner to prevent a view into the interior from any exterior public or
ORDINANCE 25-13: LOCAL REGULATION OF NATURAL MEDICINE
06/24/2025
semipublic area. All activities of natural medicine businesses and natural medicine services shall
occur indoors
Section 8.27.070 Lighting of natural medicine businesses.
Primary entrances, parking lots, and exterior walkways of natural medicine businesses shall be
clearly illuminated with downward facing security lights to provide after-dark visibility for
facilitators, participants, and employees, subject to all applicable Town lighting standards. All
exterior lighting shall be downcast and shielded with a temperature of 3,000 Kelvin or warmer.
Section 8.27.080 Storage of natural medicine businesses.
All storage for natural medicine businesses shall be located within a permanent building and may
not be located within a trailer, tent, or motor vehicle.
Section 8.27.090 Odor from natural medicine businesses.
Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that
the odors from natural medicine and natural medicine products are confined to the premises and are
not detectable beyond the property boundaries on which the facility is located.
Section 8.27.100 Natural medicine businesses secure disposal.
Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine
product remnants or by-products. Natural medicine and natural medicine product remnants or by-
products shall not be placed within the facilities’ exterior refuse container.
Section 8.27.110 Processing of Natural Medicine.
(a) The processing of natural medicine that includes the use of hazardous materials, including,
without limitation, and by way of example, flammable and combustible liquids, carbon
dioxide, and liquified petroleum gases, such as butane, is prohibited.
(b) Nonhazardous materials used to process natural medicine shall be stored in a manner
so as to mitigate and ensure odors are not detectable beyond the property boundaries
on which the processing facility is located or the exterior walls of the processing facility
associated with the processing of natural medicine.
(c) The processing of natural medicine shall meet the requirements of all adopted Town
building and life/safety codes.
(d) The processing of natural medicine shall meet all of the requirements of all adopted water
and sewer regulations promulgated by the applicable water and sewer provider.
Section 8.27.120 Nuisance
(a) It is unlawful and deemed a nuisance to:
ORDINANCE 25-13: LOCAL REGULATION OF NATURAL MEDICINE
06/24/2025
(1) Operate a natural medicine business in violation of any of the requirements set forth
in state law or regulation or this Chapter 8.27.
(2) Dispose of, discharge out of or from, or permit to flow from any facility associated
with natural medicine any foul or noxious liquid or substance of any kind whatsoever
including, without limitation, by-products of the natural medicine process into or
upon any adjacent ground or lot, into any street, alley, or public place or into any
municipal storm sewer and/or system in the Town.
(b) Any such violation of this Chapter is subject to the General Penalty provision of the Avon
Municipal Code Chapter 1.08.
Section 3. Section 7.24.040 of the Avon Municipal Code contains Table 7.24-1 – Allowed
Uses – and is hereby amended as set forth in Exhibit A attached hereto.
Section 4. Termination of Temporary Moratorium.
Ordinance No. 2025-07 titled An Emergency Ordinance Imposing a Temporary Moratorium on
the Submission, Acceptance, Processing, and Approval of Applications for and/or the
Establishment of Natural Medicine Healing Centers and Businesses within Town Limits shall
terminate upon the effective date of this Ordinance.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town
Section 6. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 8. 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
ORDINANCE 25-13: LOCAL REGULATION OF NATURAL MEDICINE
06/24/2025
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 9. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 10. 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 June 24, 2025 and setting such public hearing for July
22, 2025 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Brenda Torres, Deputy Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on July 22,
2025.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ORDINANCE 25-13: LOCAL REGULATION OF NATURAL MEDICINE
06/24/2025
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
Exhibit A to Ordinance 25-13
7.24.040 Table of allowed uses.
Table 7.24-1
Allowed Uses
Use Category
Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not
available for rezoning.
Use-Specific
Regulations
Residential Nonresidential
RD RL RM RH CH
M/H
RH-
C
NC MC CH
MU
1 /
2
TC SC P PF IC OLD
Commercial Uses
. . .
Health Care
Facilities
Medical center/
hospital
S P P P
Urgent care
facility
P P P
Medical and
dental clinics
and offices
P P P P P S
Natural
Medicine
Healing Centers
P P P P P Chapter
8.27
. . .
Exhibit A to Ordinance 25-13
Industrial Service
. . .
Manufacturing
and Production
Machine and
welding shops
P
Manufacturing,
heavy
S
Manufacturing,
light
P
Natural
Medicine
Businesses
Other Than
Healing Centers
P Chapter
8.27
. . .
Avon
Elementary
Mountain
Montessori
Prater Lane
Childcare
MUC
NC
SC
TC
Schools
Natural
Medicines
Permitted Zones
0 0.25 0.50.13 Miles
Zoomed Area
LegendCreated June 2025 by Town of Avon GIS
IC
Zones Allowing Natural
Medicine Businesses other
than Healing Centers
Zones Allowing Natural
Medicine Healing Centers
Schools 1,000' Buffer Parcels
MUC
TC
SC
NC
NC
IC
±
Zoning Map Showing Permitted
Natural Medicine Locations and
School Proximity Constraints.
ATTACHMENT C
(970) 748-4446 mlabagh@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Michael Labagh, Recreation Director
RE: Avon Recreation Center Patron Survey Results
DATE: June 13, 2025
SUMMARY: The Town of Avon Recreation Department offers a Recreation Center specific community
survey on a three-year schedule and was conducted in Spring 2025, March 3 through April 20, 2025. This
report provides an overview of the 2025 Recreation Center survey results with a summary of the additional
comments received. No action is requested by Council.
BACKGROUND: The Recreation Center community survey was last conducted, via the Survey Monkey
platform, in Spring 2022, April 8 – May 13, 2022 (6 weeks), where we received 545 responses with 396
complete submissions. The 2025 survey was conducted in Spring 2025, March 3 - April 20, 2025 (6 weeks)
with a 59% completion rate, receiving 733 responses with 608 complete submissions.
View an interactive dashboard of survey results.
ANALYSIS: Each question’s results are provided below, referencing the data from 2025 and 2022
Recreation Center community surveys.
Residency:
2022 Survey Comparison:
Eagle County Residents - 86.42%
Non-residents – 13.58%
Page 2 of 10
Age Range:
2022 Survey Comparison:
13-17: 0.78%
18-29: 11.49%
30-39: 23.50%
40-49: 20.37%
50-59: 15.14%
60-69: 17.75%
70+: 10.97%
In the 2025 survey, 60-69 and 70+ age range response increased while the 13-17 and 50-59 ranges held
steady when compared to the 2022 survey responses. All other age ranges, 18-29, 30-39, and 40-49, saw
a slight decrease of approximately 3% compared to the 2022 survey results.
Question 1: How often do you use the Avon Recreation Center?
Page 3 of 10
2022 Survey Comparison:
1-10 days a year - 30.29%
1-4 days per month - 22.98%
2-4 days per week - 27.94%
5-7 days per week - 16.97%
I don’t use the Avon Recreation Center – 1.83%
Similar to 2022, the majority of respondents use the recreation center multiple times per month with 30%
using the facility less than 10 days per year.
Question 2: Which areas do you primarily use at the Avon Recreation Center?
2022 Survey Comparison:
Fitness area – 67.89%
Shower/locker room – 49.35%
Yoga/spin studio – 18.28%
Leisure pools – 32.90%
Lap pool - 31.07%
Hot tub – 29.24%
Steam room - 20.63%
Sauna - 21.15%
Other (please specify) – 5.74%
Staff chose to remove the “Shower/locker room” section and opted to break down the “Fitness Area” in the
2025 survey to gain further insights into the usage of the facility. Like 2022, the fitness areas ranked
among the top areas of use with the pool area showing consistent usage.
Page 4 of 10
Question 3: How do you primarily access the facility?
2022 Survey Comparison:
Monthly membership – 14.10%
6-month membership – 4.44%
12-month membership – 13.84%
Seasonal membership – 3.39%
Punch pass – 46.48%
Daily admission fee – 4.44%
Employer provided membership – 11.75%
I do not use the facility – 1.57%
Punch passes remain the most popular choice among respondents, showing a 3% increase from
2022. Seasonal memberships and Daily admission fees also showed between 2-3% increase. The
“Insurance provided membership (Silver Sneakers, Renew Active, etc.)” category was added as an
option to obtain more specific data from respondents. This addition likely explains the significant
decrease (7.5%) in the 12-month membership percentage.
Page 5 of 10
Question 4: Please rate the cleanliness of each area of the Avon Recreation Center.
Responses note a majority of “Good” ratings for all areas except for the Entrance/Front Desk/Lobby which
was highly rated as “Excellent”. Although most areas were evaluated as “Good,” responses show a notable
number (10% or more) of “Fair” or “Poor” ratings in the shower/locker rooms, leisure pools, hot tub, steam
room and sauna.
Page 6 of 10
2022 Survey Comparison:
Responses are similar to 2025 where all areas received a “Good” rating with the Entrance/Lobby/Front
Desk receiving an “Excellent” rating. The shower/locker rooms, hot tub, steam room and sauna showed a
notable number (10% or more) of “Fair” or “Poor” ratings.
Question 5: Please rank your top 5 programming opportunities, if any, for the Recreation
Department to prioritize.
The survey highlights that a significant proportion of respondents are satisfied with the current
programming, indicating low urgency for major changes. However, the top 5 program opportunities noted
were 1) Increased variety of group fitness classes, 2) Outdoor programs/events, 3) Nutrition/wellness
classes, 4) Older Adult (Ages 60+) programming and 5) Adult sports league/tournaments (Age 18+).
Are there any other programming opportunities you would suggest?
The additional comments within this section suggest expanding programs for swim lessons, general lap
swimming access, toddler programming, variety of group fitness classes (less yoga), evening yoga/fitness
classes, women’s specific training, advanced pickleball play opportunities, facility access/programs for
teens, improved tv channels in the fitness area and increased retail/food options at the front desk.
2022 Survey Comparison:
In the 2022 survey, respondents ranked 1) Increased variety of fitness classes, 2) Nutrition and/or wellness
classes, 3) Individual fitness assessments, and 4) Outdoor programs/events as the top programming
opportunities for consideration.
Page 7 of 10
Question 6: Please rank your top 3 operational improvements, if any, for the Recreation Department
to prioritize.
Most respondents indicated satisfaction with the Recreation Center as it is, suggesting operational
improvements may not be urgent for most users. For those who suggested adjustments, the top 3
operational improvements were 1) Additional shower/locker room amenities, 2) Expanded fitness area
operating hours and 3) Expanded aquatics area operating hours.
The additional comments within this section suggest the need for facility expansion due to overcrowding,
specifically in the fitness areas, updates to fitness equipment, improved accessibility in the locker rooms,
expanded family change rooms, fitness area monitoring and expanded facility hours.
2022 Survey Comparison:
In 2022, respondents also expressed satisfaction without making major operational improvements,
however, the top 3 responses for those seeking adjustments were 1) Expanded operating hours, 2) Eagle
County resident discounts and 3) Additional shower/locker room amenities.
Page 8 of 10
Question 7: Would you use the facility if we were to expand the FITNESS AREA operating hours to
open earlier and/or close later?
Most respondents answered “Yes” or “Maybe” when asked about expanding the Fitness Area operating
hours on Sundays to open earlier at 8:00 a.m. The Recreation Center Fitness Area is currently open from
10:00 a.m. to 8:00 p.m. on Sundays. Other options did not receive a majority (“Yes” or “Maybe”) vote to
expand operating hours during specified times.
Question 8: Would you use the facility if we were to expand the AQUATICS (POOL) AREA operating
hours to open earlier and/or close later?
Page 9 of 10
The majority of respondents answered “Yes” or “Maybe” when asked about expanding the Aquatics Area
operating hours on Sundays to open earlier at 10:00 a.m. The Recreation Center Aquatics Area is currently
open from 12:00 p.m. to 7:00 p.m. on Sundays. Other options did not receive a majority (“Yes” or “Maybe”)
vote to expand operating hours during specified times.
The additional comments in this section provide mixed feedback regarding the need to expand facility
hours. Some respondents feel expanding hours is not necessary while others believe it could help alleviate
overcrowding concerns.
Question 9: Do you have any additional comments or suggestions for the Avon Recreation Center?
Common themes in the additional comments section include:
• Overcrowding and lack of space in all areas of the facility
• Hot tub disrepair
• Suggestions to increase cleaning efforts in the steam room, sauna and locker rooms
• Frustration with the parking registration requirements
• Expanded operating hours
• Appreciation of seasonal membership and punch pass options
• Expressing gratitude and satisfaction with facility and program opportunities
• Encouragement to balance affordability with quality while addressing maintenance issues
The disrepair of the hot tub is the most cited issue in this section. Respondents express their frustration
regarding the length of time that the hot tub jets have not been working.
2022 Survey Comparison:
Common themes from the Additional Comments section included an emphasis on maintaining existing
facility and equipment, expanding facility hours and increasing space for fitness and lap swimming.
NEXT STEPS: Recreation Department Staff will review the results with each Division to ensure all specific
feedback is received and analyzed. The survey results will also be reviewed by the Health and Recreation
Page 10 of 10
Committee at their July 15 meeting. The survey results will be referenced as Recreation Department Staff
analyze operational adjustments, evaluate service and program offerings while preparing the proposed
budget for 2026.
Thank you, Michael
ATTACHMENTS: Attachment A: Avon Recreation Center Patron Survey Results Zencity Report
Avon, CO | June 13th, 2025
Avon Recreation Center 2025 Communit y
Survey Results
Avon Recreation Center 2025 Communit y Survey
Total submissions: 1024
Date range: Mar 03, 2025 Apr 20, 2025 Total responses: 19502
How often do you use the Avon Recreation Center?
Created By 01
ATTACHMENT A
Which areas do you primarily use at the Avon Recreation Center?
Created By 02
How do you primarily access the facilit y?
Created By 03
Please rate the cleanliness of each area of the Avon Recreation Center
Created By 04
Additional Comments (optional)
Sentiment Analysis
31.93%45.38%
Positive 31.93% Mixed 9.24% Neutral 13.45% Negative 45.38%
Topic Analysis ·Run on: April 20, 2025
General Feedback
+ 2 Sub Topics
50 responses · 42.02%
Facilit y Cleanliness
+ 2 Sub Topics
44 responses · 36.97%
Pool Maintenance
+ 2 Sub Topics
43 responses · 36.13%
Facilit y Amenities
35 responses · 29.41%
Weight Room
33 responses · 27.73%
Locker Rooms
29 responses · 24.37%
This report contains a subset of identified topics for the question.
Filters applied reduced participants from 750 to 733 98% · 119 of them responded to this question 16%
Deduplication On
Created By 05
Please RANK your TOP 5 programming opportunities, if any, for the Recreation Department to prioritize.
Created By 06
Are there any other programming opportunities you would suggest?
Sentiment Analysis
26.45%11.57%
Positive 26.45% Mixed 4.96% Neutral 57.02% Negative 11.57%
Topic Analysis ·Run on: April 20, 2025
Improvements
55 responses · 45.45%
Youth
+ 2 Sub Topics
47 responses · 38.84%
Fitness Programs
43 responses · 35.54%
Class Scheduling
19 responses · 15.7%
Sports
+ 2 Sub Topics
19 responses · 15.7%
Facilit y Hours
17 responses · 14.05%
This report contains a subset of identified topics for the question.
Filters applied reduced participants from 750 to 733 98% · 121 of them responded to this question 17%
Deduplication On
Created By 07
Please RANK your TOP 3 operational improvements, if any, for the Recreation Department to prioritize.
Created By 08
Are there any other operational improvements you would suggest? (optional)
Sentiment Analysis
16.03%25.95%
Positive 16.03% Mixed 4.58% Neutral 53.44% Negative 25.95%
Topic Analysis ·Run on: April 20, 2025
Weight Equipment Expansion
87 responses · 66.41%
Additions
62 responses · 47.33%
Pool Access
37 responses · 28.24%
Locker Room
28 responses · 21.37%
Operating Hours
28 responses · 21.37%
Gym Expansion
23 responses · 17.56%
This report contains a subset of identified topics for the question.
Filters applied reduced participants from 750 to 733 98% · 131 of them responded to this question 18%
Deduplication On
Created By 09
Would you use the facilit y if we were to expand the FITNESS AREA operating hours to open earlier and/or close
later?
Would you use the facilit y if we were to expand the AQUATICS POOL AREA operating hours to open earlier
and/or close later?
Created By 10
Additional Comments (optional)
Sentiment Analysis
35.85%24.53%
Positive 35.85% Mixed 7.55% Neutral 32.08% Negative 24.53%
Topic Analysis ·Run on: April 20, 2025
Operating Hours
+ 2 Sub Topics
20 responses · 37.74%
Pool Usage
19 responses · 35.85%
Availabilit y
10 responses · 18.87%
Facilit y Maintenance
6 responses · 11.32%
Upgrades
5 responses · 9.43%
Filters applied reduced participants from 750 to 733 98% · 53 of them responded to this question 7%
Deduplication On
Created By 11
Do you have any additional comments or suggestions for the Avon Recreation Center?
Sentiment Analysis
39.52%28.1%
Positive 39.52% Mixed 9.52% Neutral 22.86% Negative 28.1%
Topic Analysis ·Run on: April 20, 2025
Facilit y Qualit y
138 responses · 65.71%
Space
116 responses · 55.24%
Pool Features
62 responses · 29.52%
Membership Options
47 responses · 22.38%
Operating Hours
47 responses · 22.38%
Positive Feedback
38 responses · 18.1%
This report contains a subset of identified topics for the question.
Filters applied reduced participants from 750 to 733 98% · 210 of them responded to this question 29%
Deduplication On
Created By 12
Residency:
Age Range
Created By 13
MEMORANDUM
TO: Board of Directors
FROM: Brian Thompson, Government Affairs Supervisor
DATE: May 12, 2025
RE: Summary of Apr. 10, 2025, Board Meeting
The following is a summary of items discussed at the Authority’s Apr. 10, 2025, board meeting.
Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff
Dreyer, Kevin Hillgren, Joanna Kerwin, and Tamra Underwood.
Water Shortage
Response Plan
The Authority and District boards adopted the 2025 Water Shortage Response Plan,
which outlines monitoring methods, triggers, and responses to drought conditions.
Water Dedication
Process Work
Session
Kathryn Winn outlined the legal frameworks for providing water service and the
criteria for renewing conditional capacity to serve letters. Micah Schuette discussed
the water dedication process, the sequential steps that lead to the issuance of an
ability to serve letter, and methodologies for adjusting water use projections.
Conditional
Capacity to Serve
Letter Renewals
The board reviewed the Margaux PUD and Edwards River Park PUD projects and
approved one-year extensions of the conditional capacity to serve letters
incorporating updated terms and conditions.
Cash in Lieu of
Water Rights
Dedication
The board accepted a cash in lieu of water rights dedication payment of $15,521 to
cover the 0.20 acre-feet needed to satisfy the water dedication requirement for a
proposed home to be built on Carterville Road in Cordillera.
Eagle County and
Town of Avon Work
Session
Siri Roman announced a work session will be held on May 7 with representatives
from the Authority, Eagle County, and Town of Avon to discuss Authority water
issues.
Legislative Update Diane Johnson discussed relevant legislation, including HB25-1211, Tap Fees
Imposed by Special Districts, and HB25-1113, Limit Turf in New Residential
Development.
The following is a summary of items discussed at the Apr. 10, 2025, Special Joint Meeting with the
ERWSD board of directors.
UERWA Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer
Geoff Dreyer, Kevin Hillgren, Joanna Kerwin, and Tamra Underwood.
Bolts Lake Update Consultants from Black & Veatch and AECOM presented an update on the design of
Bolts Lake Reservoir. Evaluations to reach 30% design are on track. Preliminary
recommendations include pursuing a pump station diversion from the Eagle River
and using an asphaltic concrete liner due to cost and performance advantages.
Additional design work and field investigations will continue this summer.
MEMORANDUM
TO: Board of Directors
FROM: Brian Thompson, Government Affairs Supervisor
DATE: June 20, 2025
RE: Summary of May 22, 2025, Board Meeting
The following is a summary of items discussed at the Authority’s May 22, 2025, board meeting.
Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff
Dreyer, Kevin Hillgren, Joanna Kerwin, and Tamra Underwood.
Organizational Items An annual overview of board governance was discussed, including appointment
terms, open records, and open meetings. Directors will update their Potential Conflict
of Interest Disclosure Questionnaires to ensure all disclosures remain current.
Rules and
Regulations Update
The board approved updates to the Regulations & Regulations incorporating the
Water Shortage Response Plan, which was adopted by the board on Apr. 10.
West Riverview
Water Rights
Dedication
The board approved a one-year renewal of the Conditional Capacity to Serve Letter
on the West Riverview Townhomes project in West Edwards.
Election of Officers Board officers were reelected to two-year terms: Chair and President: George
Gregory; Secretary: Kim Bell Williams; Treasurer: Geoff Dreyer; Assistant
Secretaries/Treasurers: Kevin Hillgren, Joanna Kerwin, and Tamra Underwood
EPRC Board
Representative
George Gregory was reappointed as the Authority’s representative to the Eagle Park
Reservoir Company (EPRC) Board of Directors for the 2026 fiscal year.
Regional
Wastewater Facility
Upgrade
Excessive User
Campaign
David Norris and Siri Roman discussed state regulations aimed at reducing the
amount of nutrients entering waterways, which will require the Regional Wastewater
Facility in Edwards to undergo a $90M upgrade project similar to the recently
completed upgrades at the Avon Wastewater Treatment Facility. These costs will be
shared by all District customers as the Regional Wastewater Treatment Facility
serves the entire service area. There are two options to secure debt for this project:
a general obligation (GO) repaid through property taxes, or a revenue bond repaid
through user rates. The board supported pursuing a GO bond based on analysis that
a tax-deductible GO bond would be preferable for most ratepayers. The GO bond
must be approved by voters in the Nov. 4, 2025, Coordinated Election. A community
outreach campaign will begin in July to educate voters about the proposed bond.
Allison Ebbets and David Norris provided an update on the District and Authority’s
goal to reduce water use by 400 acre-feet by 2026. A new excessive use campaign
has launched, targeting the highest water users through direct outreach. 2025
campaign goals include reducing Tier 5 consumption, increasing participation in
Home Water Use Assessments, and expanding impactful, multi-channel
communications to better reach and engage customers.
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON PLANNING & ZONING COMMISSION
MEETING ABSTRACT
MONDAY JUNE 9, 2025
PUBLIC MEETING BEGINS AT 5:30 PM
PLANNING AND ZONING COMMISSION TRAINING: 5:00 PM
PUBLIC MEETING: 5:30 PM
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
MEETING COMMENCED AT 5:30PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON,
CARLY HANSEN, ELIZABETH WATERS, RICK SUDEKUM, NANCY TASHMAN, NICOLE MURAD AND BRIAN SIPES WERE
PRESENT. ALSO PRESENT WERE PLANNING MANAGER JENA SKINNER, PLANNER II MAX MORGAN, DIRECTOR OF
COMMUNITY DEVELOPMENT MATT PIELSTICKER, TOWN ATTORNEY NINA WILLIAMS, AND DEVELOPMENT
COORDINATOR, EMILY BLOCK.
2. SWEARING IN OF NEW COMMISSION MEMBERS
ACTION: COMMISSIONER BRAD CHRISTIANSON WAS SWORN IN FOR A SECOND TERM BY DEPUTY TOWN CLERK
BRENDA TORRES.
3. CHAIRPERSON AND VICE-CHAIRPERSON APPOINTMENTS
ACTION: COMMISSIONER CHRISTIANSON MOVED TO APPOINT COMMISSIONER SIPES AS CHAIRPERSON.
COMMISSIONER SUDEKUM SECONDED THE MOTION AND THE MOTION PASSED UNANIMOUSLY, 7-0. COMMISSIONER
SIPES MOVED TO APPOINT COMMISSIONER CHRISTIANSON AS VICE-CHAIRPERSON. COMMISSIONER TASHMAN
SECONDED THE MOTION AND THE MOTION PASSED UNANIMOUSLY, 7-0.
4. APPROVAL OF AGENDA
ACTION: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE AGENDA. THE MOTION PASSED UNANIMOUSLY, 7-
0.
5. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
COMMISSIONER HANSEN RECUSED HERSELF FROM ITEM 7.2 DUE TO HER INVOLVEMENT WITH THE PROJECT.
6. 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 PLANNING AND ZONING
COMMISSION APPROVAL.
THERE WERE NO PUBLIC COMMENTS.
7. JOINT WORK SESSION WITH AVON TOWN COUNCIL
7.1. CTA24002 AVON MUNICIPAL CODE UPDATES TO TITLE 7 DEVELOPMENT CODE (CONTINUED FROM APRIL
21ST) – PLANNING MANAGER, JENA SKINNER
ACTION: COMMISSIONER MURAD MADE A MOTION TO CONTINUE CTA24002 TO JUNE 23, 2025. COMMISSIONER
TASHMAN SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
7.2. EAGLE RIVER VALLEY EARLY CHILDCARE FACILITY FUNDING AGREEMENT (TOWN MANAGER, ERIC HEIL)
ACTION: COMMISSIONER MURAD MADE A MOTION TO APPROVE THE DRAFT EAGLE RIVER VALLEY EARLY CHILDCARE
FACILITY FUNDING AGREEMENT. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED
UNANIMOUSLY, 6-0
7.3. CTA25002 AVON MUNICIPAL CODE AMENDMENTS TO REGULATE NATURAL MEDICINE (TOWN ATTORNEY,
NINA WILLIAMS & COMMUNITY DEVELOPMENT DIRECTOR, MATT PIELSTICKER)
ACTION: COMMISSIONER MURAD MADE A MOTION TO RECOMMEND APPROVAL OF CTA25002 TO AVON TOWN
COUNCIL. COMMISSIONER HANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0
8. CONSENT AGENDA
8.1. MAY 12, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES
ACTION: COMMISSIONER WATERS MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER TASHMAN
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0.
9. FUTURE MEETINGS
9.1. JUNE 23, 2025
9.2. JULY 7, 2025
10. STAFF UPDATES
11. ADJOURN
THE MEETING WAS ADJOURNED AT 6:05 PM
THESE MEETING 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN
CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.
RESPECTFULLY,
EMILY BLOCK
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Dean Stockdale, Senior Accountant
RE: Financial Report – April 2025 & May 2025 data
DATE: June 13th, 2025
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for April 2025 and the recreation fees, real estate transfer tax, and use tax revenues
for May 2025.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of
this report in respect to each individual section for April revenues in 2025 and May 2025. 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 SUMMARY:
Tax Revenue Comparison – 2024 v 2025: Sales tax, Tobacco/Cigarette tax and Rec Admissions are
down for 2025 compared to 2024. Accommodations, STR tax for CH and Rec Program fee revenue is
favorable compared to the prior year. Below is a table which reflects the dollar change and percentage
variance. Total revenue for 2025 is reflecting a favorable variance to 2024.
Adopted Budget 2025 v Actual 2025: All taxes except Sales Tax and STR Tax for CH reflect an
unfavorable variance over the 2025 budget. Rec Center revenue is favorable compared to the 2025
budget. Total revenue for 2025 is reflecting an unfavorable variance to the 2025 budget. Below is a table
which reflects the dollar change and percentage variance.
2024 v 2025 YTD REVENUE COMPARISON
2024 2025 Dollar Variance Percentage
Variance
Sales Tax $4,846,445.04 $4,810,475.22 ($35,969.82) (0.74%)
Acc. Tax $1,027,656.31 $1,117,797.10 $90,140.79 8.77%
STR Tax for CH $473,798.60 $517,356.35 $43,557.75 9.19%
Tobacco Tax $117,521.31 $112,001.34 ($5,519.97) (4.70%)
Cigarette Tax $77,517.00 $69,315.00 ($8,202.00) (10.58%)
Use Tax $0.00 $125,655.60 $125,655.60 N/A
Rec Admissions $533,439.97 $515,850.94 ($17,589.03) (3.30%)
Rec Program Fees $181,396.42 $203,618.18 $22,221.76 12.25%
TOTAL $7,257,774.65 $7,472,069.73 $214,295.08 2.95%
Page 2 of 11
REVENUE ANALYSIS:
Sales Tax: Revenues – April 2025: April sales tax revenues totaled $655,250. This is an increase of
$17,169 or 2.69% compared to April 2024 sales tax revenue of $638,080.
APRIL 2024 v APRIL 2025 SALES TAX COMPARISON BY INDUSTRY
April 2024 April 2025 Increase/Decrease
Home/Garden $57,387.17 $66,734.29 $9,347.12
Grocery/Specialty/Health $146,962.69 $152,183.09 $5,220.40
Sporting Goods Retail/Rental $43,314.20 $41,252.85 ($2,061.35)
Miscellaneous Retail $22,751.80 $29,203.51 $6,451.71
Accommodations $70,644.48 $60,184.71 ($10,459.77)
Restaurants/Bars $110,710.93 $126,707.14 $15,996.21
Other $8,280.16 $10,772.35 $2,492.19
Service Related $17,782.84 $23,462.79 $5,679.95
Liquor Stores $48,027.91 $15,802.60 ($32,225.31)
E-Commerce Retail $63,282.26 $79,368.79 $16,086.53
Manufacturing/Wholesale $14,943.72 $11,558.98 ($3,384.74)
Construction Related Services $27,326.34 $30,440.54 $3,114.20
Digital Media Suppliers/Sellers $6,173.12 $6,770.94 $597.82
Commercial/Industrial Equipment $492.98 $807.54 $314.56
Special Events $0.00 $0.00 $0.00
TOTAL $638,080.60 $655,250.12 $17,169.52
2025 REVENUE COMPARISON – BUDGET V ACTUAL
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $4,774,097.33 $4,810,475.22 $36,377.89 0.76%
Acc. Tax $1,181,808.28 $1,117,797.10 ($64,011.18) (5.42%)
STR Tax for CH $489,751.94 $517,356.35 $27,604.41 5.64%
Tobacco Tax $122,440.05 $112,001.34 ($10,438.71) (8.53%)
Cigarette Tax $76,212.85 $69,315.00 ($6,897.85) (9.05%)
Use Tax $208,333.33 $125,655.60 ($82,677.73) (39.69%)
Rec Admissions $458,584.82 $515,850.94 $57,266.12 12.49%
Rec Program Fees $170,295.54 $203,618.18 $33,322.64 19.57%
TOTAL $7,481,524.14 $7,472,069.73 ($9,454.41) (0.13%)
Page 3 of 11
Sales Tax: April 2025 Budget v Actual Collections: April 2025 sales tax revenues totaled $655,250. This
is an increase of $9,615 over the April 2025 estimate of $645,634. This is 1.49% above the adopted 2025
budget (based on a 3-year average).
APRIL 2025 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2025 Budget 2025 Actual Dollar Variance Percentage Variance
April $645,634.52 $655,250.12 $9,615.12 1.49%
Accommodation Tax: Revenues – April 2025: Accommodation tax revenues totaled $62,276 for the
month of April. This is a decrease of $5,272 or 7.80% compared to April 2024 accommodation tax
revenues, which totaled $67,548. Accommodation tax collections by industry type for April 2025 compared
to April 2024 reported an increase for Vacation Rentals, while Time Share and Hotel was down..
APRIL 2024 v APRIL 2025 ACCOMMODATION TAX COMPARISON BY INDUSTRY
April 2024 April 2025 Increase/(Decrease)
Timeshares $17,963.63 $13,629.30 ($4,334.33)
Hotels $23,715.48 $20,999.15 ($2,716.33)
Vacation Rentals $25,868.95 $27,647.55 $1,778.60
TOTAL $67,548.06 $62,276.00 ($5,272.06)
349,189.52 591,350.43 618,675.15 638,080.60 $655,250.12
69.35%
4.62%
3.14%2.69%
$300,000
$400,000
$500,000
$600,000
$700,000
2021 2022 2023 2024 2025
2021-2025 April Sales Tax Revenue Trend
Page 4 of 11
April 2025 Budget v Actual Collections: April 2025 accommodation tax revenues totaled $62,276. This is
a decrease of $25,277 over the April 2024 estimates of $87,553. This is 28.87% below the adopted 2025
budget (based on a 3-year average).
APRIL 2025 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2025 Budget 2025 Actual Dollar Variance Percentage Variance
April $87,553.16 $62,276.00 ($5,272.06) (7.80%)
Short Term Rental Tax for CH: Revenues – April 2025: STR Tax for Community Housing totaled
$27,229 for the month of April. This is a decrease of $2,217 or 7.53% compared to April 2024. The Westin
Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential.
APRIL 2024 v APRIL 2025 STR TAX FOR CH COMPARISON BY INDUSTRY
April 2024 April 2025 Increase/(Decrease)
Timeshares $8,981.81 $6,814.64 ($2,167.17)
Hotels $8,373.33 $7,480.82 ($892.51)
Vacation Rentals $12,091.42 $12,933.86 $842.44
TOTAL $29,446.56 $27,229.32 ($2,217.24)
8,631 73,465 91,810 67,548 62,276
751.18%
24.97%
-26.43%
-7.80%
$0
$25,000
$50,000
$75,000
$100,000
2021 2022 2023 2024 2025
2021-2025 April Accommodation Tax Revenue
Trend
Page 5 of 11
Tobacco & Cigarette Tax: Revenues – April 2025: Tobacco tax revenues totaled $24,390 and cigarette
tax revenues totaled $16,353 for April 2025. Compared to April 2024 revenues, this is an increase of
$1,934 for tobacco tax revenues, which totaled $22,455 and a decrease of $2,868 for cigarette tax
revenues, which totaled $19,221.
12,157 19,194 24,663 22,456 24,391
57.89%
28.49%
-8.95%
8.62%
-
5,000
10,000
15,000
20,000
25,000
30,000
2021 2022 2023 2024 2025
2021-2025 April Tobacco Tax Revenue Trend
16,188 18,798 18,234 19,221 16,353
16.12%
-3.00%
5.41%
-14.92%
14,500
15,000
15,500
16,000
16,500
17,000
17,500
18,000
18,500
19,000
19,500
2021 2022 2023 2024 2025
2021-2025 April Cigarette Excise Tax Revenue
Trend
Page 6 of 11
March 2025 Adopted Budget v Actual Collections: April 2025 tobacco and cigarette tax revenues
totaled $24,390 and $16,353, respectively. This is a decrease of $1,185 over the April 2025 budget for
tobacco tax, which is $25,576 and a decrease of $2,484 over the April 2025 budget for cigarette tax
estimates, which is $18,837 which is based on a 3-year average.
APRIL 2025 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2025 Budget 2025 Actual Dollar Variance Percentage
Variance
Tobacco $25,576.66 $24,390.73 ($1,185.93) (4.64%)
Cigarettes $18,837.61 $16,353.00 ($2,484.61) (13.19%)
Total ($3,670.54)
Use Tax for Community Housing: Revenues – May 2025: May 2025 use tax totaled $91,087.
Compared to May 2025 estimates, which totaled $41,667, this is an increase of $49,420.
MAY 2025 BUDGET v ACTUAL COLLECTIONS – USE TAX REVENUES
2025 Budget 2025 Actual Dollar Variance Percentage
Variance
Use Tax for CH $41,666.67 $91,087.60 $49,420.93 118.61%
Page 7 of 11
Real Estate Transfer Tax: Revenues – May 2025: May 2025 real estate transfer tax totaled $696,262.
Compared to May 2024, which totaled $256,119, this is an increase of $440,142. This is an increase of
$260,061 over the May 2025 budget which was based on a 3-year average.
MAY 2025 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2025 Budget 2025 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $436,201.54 $696,262.62 $260,061.08 59.62%
$323,408 $1,079,581 $364,609 $256,120 $696,263
233.81%
-66.23%
-29.75%
171.85%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
2021 2022 2023 2024 2025
Real Estate Transfer Tax May Revenue Trends
Page 8 of 11
Recreation Center Fees: Revenues – May 2025 Admissions & Program Fees: Recreation admission
revenues for May 2025 totaled $65,985 is an increase of $7,918 compared to May 2024 which totaled
$58,066. This is $8,346 below the adopted 2025 budget estimates of $74,332. Recreation program fee
revenues for May 2025 totaled $32,254. This is a decrease of $4,887 compared to 2024, which totaled
$37,141. This is $956 above the adopted 2025 budget estimates of $31,297, which is calculated based on
a 3-year average.
37,549 86,023 85,251 58,067 65,985
129.10%
-0.90%
-31.89%
13.64%
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
2021 2022 2023 2024 2025
Recreation Admissions May Revenue Trends
$33,138 $16,893 $33,347 $37,142 $32,254
-49.02%
97.41%
11.38%
-13.16%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2021 2022 2023 2024 2025
Recreation Program Fees May Revenue Trends
Page 9 of 11
Real Estate Transfer Tax: Revenues 2025
2025 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2025 Budget 2025 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $2,094,293.98 $1,917,034.97 ($177,259.01) (8.46%)
2024 Actual 2025 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $3,510,050.14 $1,917,034.97 ($1,593,015.17) (45.38%)
New and Renewed Business and STR Licenses – 2024 v 2025: The total number of 2025 business
licenses issued through May was 417. This was down 5 licenses or 1.2% for the year to date. The total
number of STR licenses issued through May was104. Compared to 2024 the STR licenses were up 15
licenses or 16.9% for the year to date.
2024 v 2025 – BUSINESS AND STR LICENSES – YEAR TO DATE
2024 2025 License
Variance
Percentage
Variance
Business License - Vendor 312 314 2 0.6%
Business License – Fixed Location 84 80 (4) (4.8%)
Business License – Home Occupation 22 20 (2) (9.1%)
Business License – Special Event 4 3 (1) (25.0%)
TOTAL BUSINESS LICENSES 422 417 (5) (1.2%)
STR License 89 104 15 16.9%
Page 10 of 11
-
50.00
100.00
150.00
200.00
250.00
300.00
350.00
400.00
Business License - Vendor Business License - Fixed
Location
Business License - Home
Occupation
Business License - Special
Event
Business Licenses Issued 1/1 -5/31
2023 2024 2025
0
20
40
60
80
100
120
STR License
STR Licenses Issued 1/1 -5/31
2022 2023 2024
Page 11 of 11
EXPENDITURES: MAY 2025
General Fund YTD Actuals v 2025 Budget: General Fund expenditures through May 2025 total
$9,569,041 which is 36.37% 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 2025 Budget: Mobility Fund expenditures through May 2025 total
$1,080,189 which is 38.14% of the total adopted budget. These expenditures include the cost for wages,
health benefits, consulting services, and utilities.
Fleet Maintenance YTD Actuals v 2025 Budget: Fleet Maintenance expenditures through May 2025 total
$1,051,726 which is 46.66% of the total adopted budget. These expenditures include wages, health
benefits, fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Capital Projects Fund YTD Actuals v 2025 Budget: The Capital Improvement expenditures through May
2025 total $2,242,591 which is 20.55% of the total adopted budget. These expenditures were made up of
primarily the Public Works garage and Recycling Center project.
Thank you,
Dean
970-748-4118 gpadilla@avon.org
TO: Honorable Mayor Tamra Underwood and Council Members FROM: Gary Padilla, Operations Manager
RE: Public Operations Update: March and April
DATE: June 24, 2025
Parks General Maintenance
• Irrigation System turned on
o Several breaks repaired
• Slit seeded upper field
• Placed earth planters at several locations
o Planting on-going
• Mowed all turf areas
• Hauled new sand onto beach and volleyball courts
• Daily trash routines
• Turned on Poudre Ditch
• Village at Avon irrigation repair
• Cleaned around the stage
• Power washed all trash cans, repaired as needed
• Repaired railing on bike path on Hurd Lane
• Styrofoam
o 17 bricks (47 lbs. per brick, total of 800 lbs.)
• New bike path – lower field to West Beaver Creek Blvd.
o This project has not yet been accepted by the Town.
There are outstanding planting and landscaping issues
that are currently being addressed. As it stands, the
project does not meet the Town of Avon standards.
Landscape General Maintenance
• Cleaned out flowerbeds
• Redesigned and planted Avon Station
• Planted earth planters
• Planted Aspen trees on Lettuce Shed Lane
• Removed dead trees
o Hurd Lane
o Lake Street
• Pruned trees in the mall
Page 2 of 3
• Planted sod at Harry A. Nottingham Park
o West of outdoor work area
Recreation General Maintenance
• Removed all winter items from the lake (ice skating rink)
• Set up soccer goals on lower field
• Cleaned and prepped pickleball, tennis and basketball courts
• Prepped volleyball courts
• Playground maintenance and inspections
• Striped lower field for kickball
• Repaired musical instruments
Special Event Support
• Hauled four benches to Gypsum to get painted (Artwork)
• Installed banners
• Setup / strike for
o Sustainability Fair
o Sunset Live
o Avon Live
o Pride in the Park
• Built sign shack
Page 3 of 3
General Road Maintenance
• Spring cleaned Lot 5, leveled and created parking
• Pothole maintenance
• General Trash pick-up in Town’s ROW’s
• Painted crosswalk borders
• Striped parking lots
• Thermoplastic install
o Arrows
o Bike lanes
o Stop bars
• Reinstalled white bollards on Avon Road
• Cinder cleanup
• Sign installation
• Assisted Stripe A Lot with striping roadways
• Swept all roadways
• Repaired damaged bike path in Harry A. Nottingham Park
TO: Honorable Mayor Underwood and Council members
FROM: Charlotte Lin, Sustainability Manager
RE: Bi-Monthly Sustainability Updates
DATE: June 11, 2025
SUMMARY: This report provides an update for all Sustainability and Climate Action initiatives in the Town of
Avon within the timeframe of May to June 2025. No action is required by Council.
BACKGROUND: Following the highly productive implementation of Town of Avon’s Climate Action &
Sustainability programs in 2023 and 2024, the Town continues into 2025 with 5 Sustainability Goals and 17
Sustainability Projects and regular Duties. The progress of these programs is reported in the table below as
appropriate in the May to June 2025 timeframe. It is important to acknowledge that the progress we have made
is the result of the collaborative efforts of many TOA staff.
SUSTAINABILITY UPDATES:
Official Sustainability Department Goals
2025 Official
Goals
What this goal
accomplishes
Progress May to June 2025
1. Avon Composting
Program
Develop options with
identified costs for a
community wide
composting program,
or initial pilot project, to
be implemented in
2025.
• Staff brought the research, community survey results and a
proposed pilot program to Council in late February. Council gave
directions to begin the composting program from the commercial
end.
• By the end of May, 39 restaurants and food-serving businesses
in Avon had been surveyed and while some responses are
pending, only 3 restaurants expressed “No” towards the idea of
practicing composting.
• Staff continues to gather the rest of the survey results, survey
Property Managers and use existing survey results to engage
with haulers for cost estimates and logistics.
2. Climate Action Investment Matrix
Refinement
Continue progress
from 2024 and apply
the Net Zero analysis
results to finalize the
Matrix, with the goal of
understanding the ROI
and investment
priorities.
• In 2024, Avon completed our own Wedge Analysis and a Net
Zero Modeling for Eagle County. The results were presented to
Council in late February.
• Research on Climate Action Investment identified helpful work
from the City of Ann Arbor and the City of Aspen, which Staff
plans to follow to create our own Investment Matrix. Further
research has identified “Climate Implementation Plans” from the
City of Calgary that provide more detailed financial descriptions of
climate action.
• ICLEI has released ClearPath 2.0, a brand new GHG strategy
tracking system (Attachment A). This new version has a cost-
benefit analysis function. Staff will explore the suitability of our
goal and utilize this software as appropriate. The synergy is ideal
because Avon has worked with ICLEI both on our GHG Inventory
and Wedge Analysis. Staff received access to ClearPath 2.0 on
June 10 and will proceed with various onboarding steps and
transferring our existing data on ClearPath 1.0 over to build out
the new inventory with financial details.
3. Biochar Pilot Program Concept
Design
Design a biochar pilot
program in Avon based
on NREL’s report.
• In 2024, the Town was awarded 40-hour consulting by NREL
through the Department of Energy Waste-to-Energy Technical
Assistance program. The report will:
• include the cost and feasibility of pyrolysis infrastructure
in Eagle County for woody biomass and biosolids.
• provide several technology and siting options, such as a
singular operation versus modular.
• analyze the impact of this infrastructure from cost, GHG
emissions, and material volume perspectives.
• NREL delivered the final report to Avon and the CAC in May
(Attachment B), suggesting that pyrolysis offers a promising
solution for managing biosolids and woody biomass in Eagle
County. A small-scale modular system appears to be the
most appropriate scale for the county's biosolids volume, while
mobile units could be considered for seasonal woody biomass
processing by the Town of Avon. Pyrolysis offers environmental
benefits such as GHG emissions mitigation and soil carbon
storage, and potential cost savings through product sales,
avoided landfill tipping fees, and reduced transportation. Further
investigation focused on specific pyrolysis system selection,
pre-treatment options, and biochar end-product markets is a
possible next step. Additional research into process
optimization, environmental impacts from biochar applications,
and air emission controls is warranted to further understand the
sustainability of a selected system.
• Staff is working on what the implication and next steps are for
Avon.
4. Single Use
Plastic Ban
Design and Present a
Single-Use Plastic Ban
Ordinance
• As a part of the research, Staff attended both the community
and the business workshops hosted by the Town of Vail on
Single Use Plastics Reduction. The workshops indicated: (1) a
need to consider the economic impact of this ban both on
businesses and consumers, especially in the face of tumultuous
economic shifts, (2) design the program to practice consumer-
forward and creative marketing strategies, and (3) incorporate
incentives that would encourage a market-driven shift in single-
use plastic products.
• A related but separate need to advertise the quality and
drinkability of the tap water in Eagle County was an important
takeaway.
• No further progress was made in May and June.
5. PV & Battery
Design for Swift Gulch Campus
Design and construct a
PV & Battery system
for the 3 buildings in
the Swift Gulch
Campus
• The all-electric construction of the Public Works Garage
continues with a phased approach. On June 10, Council
approved Item 5.9 (Pub Works Garage Change Order) to
increase the Avon PW Garage Budget by $200,000 to install a
24-kW PV system with one 60-kW battery and space to add a
second battery. This process is expected to complete in October
2025.
• Staff is working on other opportunities for funding for the second
battery and other potential electrification measures, as well as
internal budget planning, to keep the project moving forward in
2026.
Other Sustainability Projects and Regular Duties
Sustainability
Projects &
Ongoing Duties
What this
program
accomplishes
Progress January – February 2025
Waste Reduction
1. Monitoring
Restaurant Polystyrene Ban
Assist restaurants to
transition out of
polystyrene food
containers per the
requirement of
Ordinance 21-05.
• Monitoring and necessary outreach to help Avon restaurants
transition out of Styrofoam foodware was completed in 2024.
However, Staff will conduct quarterly monitoring in 2025 to
ensure continuous compliance.
2. Recycling
Ordinance: Ongoing Support
Continue supporting
the Avon community
to implement
Ordinance 22-13
since it went into
effect in November
2023.
• The Avon Recycling Center re-opened to the public on March
14. New large signs were installed on May 13, completing the
new set up of the Recycling Center (Attachment C).
• Recycling, composting and the new Styrofoam Recycling
Program were all represented at the successful Avon
Sustainability Fair on May 21.
• Sustainability and Recreation have collaborated to create a new
summer program for families to compete on how much recycling
they can collect over the summer (Attachment D). The program
began on June 11 with 4 teams participating.
3. Recycling
Ordinance: Waste
Diversion Data Collection
Collect waste
diversion data from
all of our haulers per
the requirement of
Ordinance 22-13.
• Staff is working with haulers to collect the Q1 and Q2 data for
2025. As some haulers prefer to report every 2 quarters, the full
half-year data will be delivered in the next bi-monthly
Sustainability report.
4. Zero Waste at
all Town Events
Implement the high
standards of waste
management at all
Town events across
departments.
• Staff has fully updated and published the Town’s Internal
Events Purchasing Policy. Further reinforcement and
assistance of the policy will be delivered through a Staff
Sustainability Training for individual department over the
summer months.
5. Styrofoam
Recycling
program Launch
Launch the
Styrofoam
Recycling Program
to provide a unique
service to divert
hard-to-recycle
material and
contribute to our
waste diversion
goals.
• The Styrofoam program was officially opened to the public on
March 14. A formal ribbon-cutting ceremony was held on May
21.
• The first round of the RREO reimbursement ($95,678.30) was
received on May 14. The rest of the reimbursement will be for
the staff hours over the duration of the grant period.
• The grant staff from CDPHE conducted an on-site visit with
Avon on June 5. Avon passed the field inspection successfully
(Attachment E).
• The operation has been smooth but with a noticeable increase
in volume. Therefore, a second public-facing collection box
was ordered in June to respond to this volume increase.
• The total staff hours operating the Styrofoam program from
February 4 to May 31 are 106.75.
Energy Efficiency & Electrification
7. Promote Energy Rebates to the Avon community
Promote the
updated suite of
energy rebates in
collaborate with
Energy Smart
Colorado.
• Energy rebates are continuing being offered to Avon residents.
No major updates for May and June.
8. Building Analyst Certification Staff Training
Increase Avon’s
capacity to conduct
home energy
assessments to
fully maximize our
potential for
residential
electrification.
• The Building Analyst Technician (BA-T) training for Avon’s
team of 4 employees was completed during the week of May
19. There is follow-up training including data-reporting and in-
person shadowing needed for the trainees to be fully ready to
conduct home energy assessments independently. More
progress will be reported in the next bi-monthly report.
Transportation
10. Vehicle Idling Prevention Education
Promote awareness
and support to
minimize vehicle
idling
• No new updates for May and June.
11. Employee Carpool Program Incentivize and
encourage
sustainable
transportation
options for Town
employees
• Six carpooling teams have participated so far in 2025,
contributing to 17274 avoided miles driven. This translates to
6.74 metric tons of CO2e emissions, which is equivalent to
saving 758 gallons of gasoline, and the amount of carbon
sequestered by 6.8 acre of US forest in one year.
13. DC Fast
Charging Plaza
Construct 4 DCFC
Chargers in Avon
Town Core as
awarded through
the CEO DCFC
Plazas Grant.
• This project remains active but the original NEVI funding has
been frozen and in a legal process at the federal level. The
CEO has pivoted and opened a “replacement” grant at the
state level. If Avon were to move forward with this replacement
grant, we would have to cancel our current grant. The CEO
recommended that we hold our current grant and is hopeful
that funding will reopen in spring 2026. The Town Manager has
instructed staff to hold the grant for now.
Water Conservation
14. Monitoring Water Projects in
other Departments
and Region
Stay informed about
water projects and
where Sustainability
can assist
• Avon’s Sustainability Fair hosted vendors/partners in the water
conservation, contributing to the promotion of this important
message in the Eagle Valley.
• The CAC will release a one-pager information flyer on the
Water-Energy Nexus soon.
• The State of the River meeting was hosted on May 29.
• Staff is working with the Eagle River Coalition on the 2025
outdoor storm drain decals.
970-748-4083 clin@avon.org
Climate Action Planning
16. County-wide Net
Zero Modeling & Climate Action Plan
Update
Update the Eagle
County Climate
Action Plan’s
strategies to reflect
the goal of net zero
by 2050.
• The CAC is coordinating the effort to update the Eagle County
Climate Action Plan based on the net zero modeling done in 2024. Avon will play a key role in this update as we did a
comprehensive Town-level analysis, participated in the County-
level modeling, and performed a comprehensive State-level
comparison. Working groups have been working on different
parts of the Climate Action Plan during May and June; however,
the work may extend into 2026.
Education & Communication
17. Sustainability Education &
Marketing
Increase awareness,
support and
implementation of
Sustainability
programs and
policies
• A visitor-friendly sustainability campaign has been planned with
the aims promote all of our sustainability and climate efforts to
Avon visitors.
• The marketing plan also includes national, State, and regional
sustainability and environmental events such as Earth Day.
• Staff has created a set of social media marketing template with a
professional designer. The templates are being developed into
posts for the various sustainability topics included in the
marketing plan.
• This work in on-going.
Sustainability Grants
18. Continue
Managing a Grants Program for
Sustainability and Climate Programs
Establish a
consistent and
comprehensive
grants program to
advance climate
action across
departments.
• Staff continues to report Styrofoam Recycling Program
progress to the RREO grant.
• Staff is working on:
• CEO’s Local Government Climate Action Accelerator
grant program that would support new policy adoption
in the buildings, land use, transportation, and waste
sectors.
• Colorado Circular Communities (C3) Grant program to
support the potential commercial composting program
in Avon.
Thank you, Charlotte
ATTACHMENT A: ICLEI ClearPath 2.0 Onboarding Guide
ATTACHMENT B: NREL “Suitability for Pyrolysis of Biosolids and Woody Biomass in Eagle County
and Town of Avon, Colorado” report
ATTACHMENT C: Avon Recycling Center - Large Recycling Signs
ATTACHMENT D: 2025 Avon Recycling Challenge Poster
ATTACHMENT E: Styrofoam Recycling Field Audit Notes
Onboarding End Goals
Roles
Our onboarding process, resources, and support
are designed to ensure that by the end of
onboarding, you have achieved—or are close to
achieving—the following goals:
1.Grasp the Core Concepts – Understand the
platform’s purpose, structure, and the
framework it is built upon.
2.Recognize Its Potential – Begin to see the
power of the platform and how it can support
your work.
3.Build a Strong Foundation – Gain beginner-
level proficiency, setting the stage for
continued learning and expertise.
4.Know What You Need – Identify the required
data and key steps for success based on your
specific needs.
5.Complete the Essentials – Successfully finish
the onboarding journey (described below),
ensuring you’re ready to move forward with
confidence.
Welcome
Your complete guide to getting started with our
powerful new platform—equipping you with the
tools to succeed from day one.
ClearPath 2.0 takes a new approach to climate
action planning, built on the Transition Elements
Framework to bridge the gap between planning
and implementation.
The platform is user-friendly and designed to
improve workflows and efficiency, but it
introduces new concepts that take time to
learn.
Upfront setup is key—investing time now will
make your future efforts seamless and more
effective.
This guide will walk you through everything you
need to get started. Let’s dive in!
ClearPath 2.0OnboardingGuide
A successful onboarding experience relies on
collaboration between you, your team, and ICLEI
USA, each with key responsibilities.
You and Your Team: Complete the
onboarding Journey, and finish the checklist at
your own pace to achieve the onboarding
goals.
ICLEI USA: Our technical team will migrate
your ClearPath 1.0 data (as applicable), provide
support, and guide you through the process to
ensure you reach the outlined goals.
For any platform questions or issues, please
contact clearpath2.0@iclei.org. We’ll respond as
soon as possible.
ATTACHMENT A
1. Complete ClearPath 2.0 Academy – Kicking
off with our ClearPath 2.0 Academy series is
essential, as all active users must complete the
training before we activate their live board.
The Academy, which typically takes a handful of
hours to complete, builds crucial knowledge of
the platform’s structure and functions to ensure
a smoother, more successful experience.
Course #1: Dives deeper into core concepts and
major platform updates—including the new
Transition Element Framework—explaining how
these changes improve usability and align with
ICLEI USA’s recommended Adaptive
Planning/Implementation Process.
Course #2: Walks through the steps of the
Transition Journey, blending theory and practice
with interactive exercises in a sandbox (Academy
Board) environment to help users apply what
they’ve learned.
2. Explore & Learn – Use the Academy Board to
explore the platform, test data inputs, and see
how data points and decisions are
interconnected—shaping outputs and
influencing outcomes across the system—while
you wait for us to activate your live board.
I. Starting
1. Welcome Email – You received a welcome
email with onboarding details. This email may
have included a few follow-up questions to help
us prepare for your data migration (if
applicable).
2. Review Onboarding Materials – Review this
ClearPath 2.0 Onboarding Guide, the
Onboarding Checklist, and the Data Migration
one-pager (if applicable to your circumstance).
All resources attached in the welcome email.
3. Register for ClearPath 2.0 – You and your
team register for your accounts. Each person
registers separately. Register Here.
4. Account & Academy Setup – ICLEI USA sets
up your Academy account and platform account.
5. Invite Emails - You and your team will receive
two emails: one inviting you to ClearPath 2.0 and
another for the Academy. Once received, sign in
to each platform to secure your accounts.
If you don’t receive these invite emails within a week of your
welcome email, please let us know by replying directly to the
welcome email.
III. Advancing
1. Data Migration (If applicable) – ICLEI USA
transfers your ClearPath 1.0 inventory data into
the platform.
2. Review & Validate Data (If applicable) – You
review the migrated data and the Data
Migration one-pager. If any questions or issues
arise, respond directly to your welcome email,
and ICLEI USA’s Zero Emissions team will assist
you.
3. Board Settings Configuration - Review the
Settings page of our Knowledge Base (linked in
the ClearPath 2.0 Home Page) and configure your
board settings.
4. Full Platform Utilization – You’re ready to
use ClearPath 2.0 confidently and effectively!
We recommend starting by reviewing the
socioeconomic parameters currently in the system
to ensure they reflect your local context. The default
values are sufficient for most users, but if any need
to be updated to better represent your community,
feel free to adjust them as needed.
II. LearningOnboarding Journey
This Onboarding Journey outlines the
phases and key steps of onboarding,
helping you track progress and stay on
course toward full platform proficiency.
Note that some steps may occur
simultaneously.
Suitability for Pyrolysis of Biosolids and Woody Biomass
in Eagle County and Town of Avon, Colorado
Report prepared by Kelcie Kraft, Anelia Milbrandt, and Anne “Liz” Ware
for Climate Action Collaborative for Eagle County Communities and Town of Avon, CO
March 21, 2025
Background:
Climate Action Collaborative for Eagle County Communities and Town of Avon, CO have
requested technical assistance for exploring pyrolysis as a solution to manage wastewater
biosolids and woody biomass. The communities have requested a scenario analysis/light
feasibility study for implementing pyrolysis in the county that investigates facility scale,
associated environmental impacts, and potential cost savings. The county currently generates
approximately 120 dry tons per year of biosolids, while Avon has produced up to 36 tons of
woody biomass from a single collection. This report presents a scenario analysis to assess the
feasibility of pyrolysis in these communities.
Pyrolysis Overview:
The process of pyrolysis consists of heating a material to temperatures in the range between
(generally) 500 – 600 °C in the absence of air such that combustion does not take place. Products
from thermal pyrolysis consist of a char (referred to as biochar), non-condensable gases (largely
CO and CO2 with some light hydrocarbons), and a condensable organic liquid known as bio-oil.
This bio-oil and biochar retain much of the heating value of the feed biomass and could - in
principle - be used for generating electricity in either a steam or gas turbine or used for home or
district heating. Pyrolysis can be classified as fast and slow process depending on the heating
rate, temperature, residence time and pressure. Slow heating rates on the order of just a few
degrees per minute produce mostly char with some bio-oil; fast heating rates (flash or fast
pyrolysis) of hundreds of degrees per second produce more bio-oil; 60 to 70% of the feedstock
can be liquefied to make bio-oil using fast pyrolysis. Biochar produced from fast or slow
pyrolysis processes could be used in various applications, particularly for agronomic and
environmental purposes. Pyrolysis is a highly flexible technology that can process a wide variety
of feedstocks including woody biomass and biosolids, as well as other materials such as
municipal solid waste (e.g., plastics, paper/cardboard, waste tires, etc.).
Overview of Facility Scale
1) Large/Centralized Facilities:
•Scale Applicability/Suitability: Large, centralized pyrolysis facilities are best suited for
processing significant quantities of biomass resources, typically benefiting from
economies of scale. They are often associated with centralized fast pyrolysis.
ATTACHMENT B
• Economics: Centralized facilities often have lower operating costs per unit of output
due to their size. They require significant capital investment for construction and
equipment. Feedstock supply and logistics (collection and transportation) are
significant cost factors due to the lower energy density of most biomass resources
compared to fossil fuels.
• Operations: Typically designed for continuous operation to maximize throughput and
efficiency. Often utilize fluidized bed reactors due to their reliable and well-
established performance in large-scale applications. Include feedstock pre-processing
technologies to optimize product yield and composition and minimize undesirable by-
products.
• Feedstock Quantities and Quality: Can process large volumes of diverse feedstocks.
Feedstock type and properties may lead to different product properties or require
(potentially extensive) modification or optimization of operating conditions.
• Biochar/Energy Production: Can be configured to maximize either bio-oil or biochar
production depending on feedstock, market demands and process parameters. May
integrate upgrading technologies to convert primary pyrolysis vapors into more
valuable products, such as liquid fuels or chemicals, however this process can be
difficult and complex. An alternative is to sell bio-oil to manufacturers such as this one
for upgrading.
• Recyclability of Waste Heat/Syngas: Waste heat and syngas can be recycled back into
the system to improve energy efficiency. Syngas can be used in the reactor. Waste heat
can be used for feedstock drying, district heating, and in other applications.
Sources:
• Sharifzadeh et al. 2019. The Multi-Scale Challenges of Biomass Fast Pyrolysis and Bio-Oil Upgrading:
Review of the State of Art and Future Research Directions. Progress in Energy and Combustion Science.
Vol 71, pp 1-80. https://doi.org/10.1016/j.pecs.2018.10.006.
• Uddin, et al. 2018. An Overview of Recent Development in Biomass Pyrolysis Technologies. Energies.
2018. Vol 11(11), pp 3315. https://doi.org/10.3390/en11113115.
• Elkhalifa, et al. 2022. Pyrolysis of Biosolids to Produce Biochars: A Review. Sustainability. 2022. Vol
14(15), pp 9626. https://doi.org/10.3390/su14159626.
• Thoma, et al. 2022. Pyrolysis Processing of PFAS-Impacted Biosolids, a Pilot Study. J Air Waste
Management Association. 2022. Vol 72(4), pp 309-318. EPA Public Access.
doi:10.1080/10962247.2021.2009935.
• Lehmann, Johannes, and Stephen Joseph, eds. Biochar for Environmental Management. Science,
Technology and Implementation: Second Edition. Taylor & Francis, 2024.
• Qian, et al. 2015. Recent Advances in Utilization of Biochar. Renewable and Sustainable Energy Reviews.
2015. Vol 42, pp 1055-1064. https://doi.org/10.1016/j.rser.2014.10.074.
2) Modular Pyrolysis Systems:
• Scale Applicability/Suitability: Modular pyrolysis systems offer flexibility for smaller-
scale applications. They can be easily scaled up by adding more units, making them
suitable for gradual expansion. Modular systems can adapt to accommodate various
feedstock types in different locations.
• Economics: Lower initial capital investment compared to centralized facilities. Can be
deployed rapidly due to pre-assembled and tested units. May have higher operating
costs per unit of output compared to centralized facilities due to the lack of economies
of scale.
• Operations: Can be designed for continuous or batch operation, depending on the
specific technology. Often utilize auger reactors, which can be well-suited for
processing a variety of feedstocks. May require less sophisticated pretreatment
technologies compared to centralized facilities; however, feedstock quality can impact
auger maintenance and longevity.
• Feedstock Quantities: Suited for processing smaller quantities of biomass, such as
those generated by individual communities or businesses.
• Biochar/Energy Production: Can be configured to produce biochar, bio-oil, or both,
depending on process parameters and market demands. Bio-oil can be used for
generating electricity in steam or gas turbines or for home or district heating.
• Recyclability of Waste Heat/Syngas: Waste heat and syngas can be recycled back into
the system to improve energy efficiency.
Sources:
• https://www.biogreen-energy.com/containerised-plant-module
• https://www.iqenergy.ca/biosolids-other-organics
• http://www.bestpyrolysisplant.com/FAQ/Waste_Tire_Pyrolysis_Plant/skidmounted_modular_pyrolysis_pl
ant_383.html
• https://www.iqenergy.ca/biosolids-other-organics; https://cob.org/wp-content/uploads/76B-2023-
Bioforcetech.pdf
• Keller, et al. 2024. Elimination of mircroplastics, PFAS, and PPCPs from biosolids via pyrolysis to produce
biochar: Feasiblity and techno-economic analysis.
• Elkhalifa, et al. 2022.
• Winchell, et al. 2022. Pyrolysis and gasification at water resource recovery facilities: Status of the industry.
Water Environment Research. 2022. DOI: 10.1002/wer.10701.
• Sharifzadeh, et al. 2019.
• Uddin, et al. 2018.
3) Mobile Pyrolysis Systems:
• Scale Applicability/Suitability: Mobile pyrolysis systems are designed for distributed
processing of biomass resources, particularly in remote or geographically dispersed
areas.
• Economics: Reduced feedstock transportation costs by processing biomass on-site.
Require relatively low capital investment compared to centralized facilities. May have
higher operating costs per unit of output compared to centralized facilities due to the
lack of economies of scale.
• Operations: Designed for batch or semi-continuous operation, depending on the
specific technology. Units are designed to be easily transportable and set up at
different locations.
• Feedstock Quantities: Suited for processing small quantities of biomass resources such
as those generated by a small community or businesses.
• Biochar/Energy Production: Most existing mobile pyrolysis units are optimized for
biochar production, typically from woody biomass.
• Recyclability of Waste Heat/Syngas: Waste heat and syngas can be recycled back into
the system to improve energy efficiency.
Sources:
• Keller, et al. 2024.
• Sharifzadeh, et al. 2019.
• Uddin, et al. 2018.
Scale Considerations for Eagle County:
Eagle County generates approximately 120 dry tons per year (roughly 0.33 dry tons per day) of
biosolids, and Avon has generated approximately 36 tons of woody biomass from a single
collection. This represents a relatively small volume of feedstock for most waste-to-energy
technologies. However, both feedstocks are generated locally—biosolids at the water resource
recovery facility and woody biomass at a centralized collection site—making them readily
accessible within the community. Given the limited quantity and local availability, a small-scale
modular system is likely the most suitable option. In contrast, a large, centralized facility would
likely provide more capacity than the community requires and come with a much higher
CAPEX. Mobility of the system may not be necessary if feedstock can be consistently brought to
the modular system's location. However, if transporting materials proves difficult—as is the case
in some mountain communities where thinning and debris are scattered across properties—there
could be value in a mobile service model. Such a service could charge a tipping fee to collect
material directly from residents, with the potential added benefit of returning biochar for
personal use (e.g., in gardens). This approach could offer both a cost-recovery opportunity for
the County and a community benefit, encouraging broader participation.
Further considerations:
• Feedstock variability can impact pyrolysis product yields and quality. Pre-processing
(e.g., drying, shredding, densification) is likely necessary to ensure consistent
feedstock properties.
• Process parameters (temperature, heating rate, residence time) must be carefully
controlled to optimize product yields and minimize undesirable by-products. For
biochar production, the intended use of biochar influences pyrolysis process
parameters. Process parameters may need to be modified based on feedstock
properties.
• End-product markets and their proximity to feedstock and reactors must be identified
and developed to ensure the economic viability of pyrolysis projects. Biochar can be
used as a soil amendment, in water filtration, and as a component of building
materials, among others.
Environmental Impact Analysis:
Environmental Benefits and GHG Emissions Mitigation:
• Pyrolysis offers a promising approach for ecosystem services such as wildfire mitigation
and managing waste while reducing GHG emissions. It can transform biosolids and
woody biomass into valuable products like biochar, bio-oil, and syngas.
• Biochar systems can be carbon-negative by converting biomass carbon into stable
structures that can be stored in soils for long periods, resulting in a net reduction of
CO2 in the atmosphere.
• Fast pyrolysis biofuels have been shown to be environmentally superior to conventional
fossil fuels in terms of lifecycle GHG balances.
• Recycling of waste heat and syngas generated during the pyrolysis process can further
reduce GHG emissions.
Sources:
• https://cob.org/wp-content/uploads/76B-2023-Bioforcetech.pdf
• Elkhalifa, et al. 2022
• Sharifzadeh et al. 2019.
Soil Carbon Storage Potential:
• Biochar can enhance soil physical properties, health and microbial life, increasing
carbon storage.
• Converting waste material into biochar reduces the amount of CO2 and CH4 emissions
from natural decomposition or burning of these feedstocks. However, some GHGs are
still produced during the pyrolysis process (gas fraction).
• Biochar can improve soil fertility and immobilize heavy metals within the char,
preventing leaching. However, matching of the biochar to the soil properties is
required to avoid adverse outcomes, such as release of polycyclic aromatic
hydrocarbons (PAHs).
• The carbon in biochar can potentially persist in soils for hundreds of years.
• Not all agricultural landowners are interested in biochar application. The United States
does not currently have a strong biochar certification program to ensure harmful
contaminants aren’t present in biochar, making some farmers hesitant.
Sources
• https://cob.org/wp-content/uploads/76B-2023-Bioforcetech.pdf
• Elkhalifa, et al. 2022
• https://www.climatehubs.usda.gov/hubs/northeast/topic/digging-
biochar#:~:text=What%20makes%20biochar%20climate%2Dfriendly,is%20enteric%20fermentation%2
0from%20livestock.
Biosolids Handling:
• Current method (transportation and land application): Eagle County currently hauls
biosolids to the front range for land application. GHG emissions associated with this
transportation were calculated to be 12 metric tons CO2e/year.
• Transportation emissions: Pyrolysis of biosolids can reduce the transportation
emissions associated with trucking biosolids to the front range. This could be
accomplished through several means:
o If the energy or biochar product is used locally within the community, it would
avoid transportation emissions associated with trucking to the front range.
o Pyrolysis of biosolids generally results in a mass reduction. If the resulting
biochar is trucked to the front range, the reduction in weight could result in
increased carbon efficiency of trucking. However, lifecycle emissions from the
pyrolysis process should still be accounted for.
• Soil carbon sequestration: It is estimated that agronomic uses of biochar can sequester
approximately 0.25 to 0.50 metric ton CO2e per dry ton of biosolids input. At 120 dry
tons per year, this would result in a carbon sequestration of 30 to 60 metric tons CO2e
per year for biochar applied to agronomic uses.
• Energy Requirements: Pyrolysis systems using biosolids often require supplemental
energy for feedstock drying, vaporization of moisture, and to compensate for radiant
heat loss. As noted, some systems can be autothermal if heat recovered from
combustion meets demands for drying and internal heat use.
• Future scenarios: It is Eagle County’s concern that they will not be able to continue to
land apply biosolids due to potential PFAS regulations. Without alternative means for
use, this could require the landfilling of biosolids. Compared to landfilling, pyrolysis as a
treatment of the biosolids can significantly reduce GHG emissions. Landfilling dried,
anaerobically digested biosolids emits approximately one (1) metric ton of CO2e per
dry ton of biosolids, largely from fugitive methane.
• Other pollutants: Fast pyrolysis of biosolids has been shown to remove up to 100% of
PFAS along with most (>90%) of microplastics and PPCPs.
Sources
• Keller, et al. 2024.
• https://cob.org/wp-content/uploads/76B-2023-Bioforcetech.pdf
• Winchell, et al. 2022.
Woody Biomass Handling:
• Current method (mulching and composting): Composting wood waste releases the
majority of its carbon during decay. The carbon remaining in the soil after composting
is vulnerable to oxidations and microbial decomposition, eventually returning to the
atmosphere as CO2 and/or CH4.
• CO2 sequestration potential: Pyrolysis of woody biomass to produce biochar results in
a biochar yield of 15 to 42% weight (with some studies suggesting as high at 70% wt)
through slow pyrolysis - i.e. one (1) ton of woody biomass yields 0.15 to 0.42 tons of
biochar. According to a lifecycle assessment of industrial biochar production, 2.68
tons of CO2e are embodied per ton of biochar, while as of Sept 2024, producer
accounts suggest that the range of carbon credits for biochar from woody feedstocks is
2.57 to 3.26 per ton of biochar, with an average of 2.83 (1 carbon credit is equivalent
to one ton of CO2e removed). Thus, production of biochar through pyrolysis can result
in approximately 0.38 to 1.3 tons of CO2e sequestration per ton of woody biomass.
• The specific amount of carbon sequestration and total lifecycle emissions depends on
many factors. The quantity of biochar carbon sequestration depends on feedstock,
application, and use – if applied to soils, the biochar must be appropriately matched to
the soil it is applied to. Lifecycle emissions must account for land use impacts from
feedstock harvesting, the efficiency of feedstock processing, process emissions, and
transport of end products.
Sources:
• Fawzy, et al. 2022. Atmospheric carbon removal via industrial biochar systems: A techno-economic
environmental study. Journal of Cleaner Production. 2022. Vol 371.
https://doi.org/10.1016/j.jclepro.2022.133660.
• https://www.linkedin.com/pulse/how-many-carbon-credits-does-1-ton-biochar-produce-victor-
garlington-zlb3f/
• Francis, et al. 2023. Relevance of wood biochar on CO2 adsorption: A review. Hybrid Advances. 2023.
Vol 3. https://doi.org/10.1016/j.hybadv.2023.100056.
Cost Considerations:
• To maximize the economics of a pyrolysis system, it is recommended that all products
and by-products of the system be utilized to their fullest extent.
• A pyrolysis system focused on bio-oil or energy production should utilize the energy to
offset community energy costs or recycle the bio-oil to power the reactor. Due to
feedstock variability and resulting variability in bio-oil properties, selling bio-oil may not
currently be a cost-effective endeavor. Another option is to inject the bio-oil into geologic
reserves – there is at least one company operating in this space in Colorado that may buy
bio-oil for this purpose or bring their mobile pyrolysis unit to communities for feedstock
conversion.
• A pyrolysis system focused on biochar production should seek to capitalize on both
carbon credits associated with biochar production and the sale or use of biochar in
relevant markets. As of Spring 2024, carbon credits were trading at approximately $130
to $140 per credit (1 ton of CO2e). However, historic prices have ranged from $90 to
$175 per credit. In 2021, prices for biochar in the California market were between $600
and $1,300 per ton.
• Waste heat recovery/utilization is important for maximizing efficiencies and economic
viability of a pyrolysis system. High-tech utilization of waste heat include power
generation, while low-tech utilization include feedstock drying, direct heating of nearby
buildings, or district heating.
Sources:
• Kelly, Caitlin. Biochar: Unlocking Carbon Market Potential.
https://www.youtube.com/watch?v=uza28aqiEgA.
• https://bof.fire.ca.gov/media/oobbtosm/thengane_2021_ca_biochar_market-002-_ada.pdf
• https://www.youtube.com/@USBiocharInitiative
Conclusions:
Pyrolysis offers a promising solution for managing biosolids and woody biomass in Eagle
County. A small-scale modular system appears to be the most appropriate scale for the
county's biosolids volume, while mobile units could be considered for seasonal woody
biomass processing by the Town of Avon. Pyrolysis offers environmental benefits such as
GHG emissions mitigation and soil carbon storage, and potential cost savings through product
sales, avoided landfill tipping fees, and reduced transportation. Further investigation focused
on specific pyrolysis system selection, pre-treatment options, and biochar end-product
markets is a possible next step. Additional research into process optimization, environmental
impacts from biochar applications, and air emission controls is warranted to further
understand the sustainability of a selected system.
ATTACHMENT C
ATTACHMENT D
Field Audit Notes
Contractor Name: Town of Avon
Contract Number & Program: 2025*2335 Amd#1
RREO
Site visit date: 6/4/2025
Time: 2:30pm
Location: 375 Yoder Ave, Avon, CO
Team Members and Other Attendees:
Avon: Charlotte Lin, Patty McKenny
CDPHE: Shauna Sorensen, Brenda
Semerenko, Hannah Hurt, Kristine Iodice,
Kathleen Hynes
Purpose for Field Audit:
To satisfy standard and requirement executed contract: “Contractor shall participate in a Project Field Audit.”
Agenda
●Introductions and review agenda
●Tour facility, view purchases, and grantee share project successes/challenges
Grant funded purchases Check if viewed Notes
Foam Cycle Recycling System X Viewed in operation
Onsite Connection X
●Review outstanding deliverables and project timeline
No. Outstanding Deliverable Due Notes
2 Contractor shall submit testing results of
the Foam Cycle Recycling System.
Complete
3 Contractor shall submit photos of the Foam
Cycle Recycling System.
Complete
6 Contractor shall submit one final report via
electronic format
7/31/2025
4 Contractor shall submit the Foam Cycle
Recycling System hiring agreement.
Complete
5 Contractor shall submit a copy of the
certification of the completed electrical
inspection
Complete
●5% project retainer of $5,035.70 will be released once deliverables are complete.
Notes:
County helped to create the improvements in the area where the machine is located. The area also includes
recycling and compost.
ATTACHMENT E