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TC Packet 08-26-2025 - UPDATED WITH PUBLIC COMMENTSAVON TOWN COUNCIL MEETING AGENDA TUESDAY, August 26, 2025 MEETING BEGINS AT S: PM avon Hybrid meeting;g; in -person at Avon Town Hall, 100 Mikaela Way or virtually through Zoom, Zoom registration is on the header at Avon.org C 0 L 0 R A D 0 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 maybe given one (1) additional minute subject to Council approval. 5. CONSENT AGENDA 5.1. Approval of August 12, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Intergovernmental Agreement with Eagle County 911 Authority Board (Deputy Chief of Police Coby Cosper) 5.3. ACTION: Intergovernmental Agreement with Eagle River Fire Protection District for Wildland Fire Mitigation in 2025 (Operations Manager Gary Padilla) 6. BUSINESS ITEMS 6.1. PRESENTATION: 1-70 Coalition Update and New Director Introduction (Jonathan Godes, Executive Director of 1-70 Coalition) 6.2. PRESENTATION: Tree Top Updates (Tree Top Executive Director Amy Oliveira) 6.3. ORDINANCE 25-15, First Reading: Authorizing the Use of an Automated Vehicle Identification System (AVIS) for Speed Enforcement in Avon (Police Chief Greg Daly) 6.4. PUBLIC HEARING: Outdoor Use of Amplified Sound Application SunsetLlVE! (Special Events Coordinator Emily Dennis) 6.5. PUBLIC HEARING: EMERGENCY ORDINANCE 25-16, Approving Amendment to Ord. No. 25- 14 for Financing to Purchase 15 Sun Road (Chief Finance Officer Paul Redmond) 6.6. RESOLUTION 25-20: Finding Annexation Petition Complete (Community Development Director Matt Pielsticker and Town Manager Eric Heil) 6.7. WORK SESSION: Commercial Composting Pilot Program (Sustainability Manager Charlotte Lin) 6.8. WORK SESSION: Rec Center Expansion and Refurbishment Options Update (Recreation Director Michael Labagh) 7. WRITTEN REPORTS 7.1. Aug 4t" DDA Board Meeting Draft Minutes (Town Clerk Miguel Jauregui Casanueva) 7.2. Aug 11t" Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 7.3. Audio Visual System Update (Chief Information Officer Robert McKenner) 7.4. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) 7.5. Monthly Financials (Senior Accountant Dean Stockdale) 7.6. Year -Round Food Truck Program (Senior Special Events Coordinator Chelsea Van Winkle) MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 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. 9. ADJOURN 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 Vill. Public Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17. 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 REGULAR MEETING MINUTES Avon TUESDAY AUGUST 12, 2025 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 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 August 12, 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, Lindsay Hardy, Mayor Pro Tern Richard Carroll, and Mayor Tamra N. Underwood. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Deputy Town Attorney Betsy L. Stewart, Chief Administrative Officer Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Recreation Director Michael Labagh, Chief Financial Officer Paul Redmond, Community Development Director Matt Pielsticker, Housing Planner Patti Liermann, Financial Analyst Chase Simmons, Planning Manager Jena Skinner, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:48 Mayor Underwood initiated the meeting with the Agenda approval process and proposed that Written Report 5.2 be added to the Agenda for discussion as Business Item 6.1.a. She also proposed that Written Report 5.4 be pulled from the Agenda until next meeting on August 26, 2025. Councilor Hardy motioned to approve the agenda, as amended. Councilor Stanley seconded the motion. The motion passed unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:03:20 Mayor Underwood asked if there were any conflicts of interest related to the agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:03:35 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. John McBride, resident of Avon, took the podium in person to highlight parking issues on West Beaver Creek Boulevard, adding that parking was voted down in the past not just due to safety reasons but also trespassing issues. With parking now allowed temporarily, he spoke against the decision by Council to allow it, and stated he disagrees with the crosswalk offered since it is not sufficient to address jaywalking and trespassing. Sarah Straub, resident of Avon, took the podium in person to speak against parking temporarily on West Beaver Creek Boulevard, since she thinks it is dangerous, especially for children and families jaywalking. AVON REGULAR MEETING MINUTES Avon TUESDAY AUGUST 12, 2025 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO She added they are also not using the crosswalk. She indicated she is ashamed of the decision from Council to facilitate this type of parking since it also causes people to walk onto private property to access the lake at Nottingham Park. Kathy Ryan, resident of Avon, took the podium in person to state she believes there is overdevelopment in Avon, and allowing parking on West Beaver Creek Boulevard is prohibited by State and Federal Law which the Town of Avon is actively ignoring. She said it affects bike lanes and puts cyclists at risk. She requested that the Council indicate who is representing her interests in this decision. Charlie Sherwood, resident of Avon, took the podium in person to speak of the fire highways in the Wildridge neighborhood, which he believes could be mitigated by more mowing and adding firebreaks. Charlene Koegel, resident of Eagle -Vail, took the podium in person to speak of EV Charging stations in and around Avon, requesting added parking enforcement of non EV's parking in EV charging station spots. Tim McMahon of Avon commended Salute to the USA and Walking Mountains Staff for their landfill diversion efforts. He recommended researching worker needs per 1,000 new housing units to help determine community housing requirements, asked about the Sunridge apartments roadwork schedule, and proposed fire safety training and signage for visitors. He also noted a missing speed limit sign on 1-70. No additional comments were received in person nor virtually. Mayor Underwood addressed the public, requested staff responses to concerns, and had a lively discussion with Kathy Ryan. S. CONSENT AGENDA Video Start Time: 00:22:25 Mayor Underwood introduced the approval of the Consent Agenda to include the following: 5.1. ACTION: Approval of July 22, 2025 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) 5.2. ACTION: RESOLUTION ITION 25-11, AGGepting the ArGadian Tragt S Open SpaGe Parcel (Planning Manager ena Skinner) _ added to Business Item Agenda under Business Item number 6.1.a. 5.3. ACTION: Notice of Award for Avon Road Crosswalk Improvements (Senior Engineer Will Kearney) 5.4. ACTION: intergovernmental Agreement with Eagle River Fire ProteGtion DffiStF'Gt for Wildland Fire Mitigation in 2025 (Operations Manager Gan, Padilla) _ Tabled from the Agenda for discussion by Council in the next meeting on August 26, 2025. 5.5. ACTION: Amendment to Slopeside Conceptual Design Agreement (Housing Planner Patti Liermann) Councilor Thuon motioned to approve the Consent Agenda, as amended. Councilor Stanley seconded the motion. The motion was approved unanimously with a 7-0 vote. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 12, 2025 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 6. BUSINESS ITEMS 6.1. PRESENTATION: SpeakUp ReachOut Update (SpeakUp ReachOut Program & Events Director Laura Alvarez) Video Start Time: 00:24:05 Laura Alvarez, Program & Events Director for SpeakUp ReachOut, updated the Council on recent activities, expressed gratitude for their support, and responded to questions. Councilor Brooks noted the high suicide rate among adult males. As this was a presentation, no motion was requested, and no public comment was received in person nor virtually. 6.1.a ACTION: RESOLUTION 25-11: Accepting the Arcadian Tract S Open Space Parcel (Planning Manager Jena Skinner) Video Start Time: 00:37:20 Planning Manager Jena Skinner provided a presentation regarding Resolution 25-11 and the acceptance of the Arcadian Tract S Open Space Parcel. Mayor Underwood inquired about easement grants to the Town, to which Ms. Skinner confirmed that the Arcadian maintains its obligations to the County. She also noted that minor erosion control measures are required, and that drainage improvements owed by the County are anticipated to address these concerns. Mr. Jim Clancy, Executive Director of the Beaver Creek Resort Company (BCRC), addressed the Council to express his appreciation for the Town's initiative in acquiring land in neighboring Beaver Creek to establish a walking trail. He clarified that the trail has not yet received full approval from BCRC, as certain issues remain unresolved, specifically the trail termination currently ending on Village Road rather than Highway 6, a matter he considers straightforward to rectify. Mr. Clancy indicated that the BCRC Board may consider approval at their meeting scheduled for September 28, 2025, and he is optimistic about approval following further internal discussions and educational efforts with concerned homeowners, who are recognizing the limited impact of the trail on Beaver Creek except with respect to the Arcadian property. Additionally, Mr. Ernest Saeger, Executive Director of the Vail Valley Mountain Trails Alliance, presented to the Council, reporting that the Trail has been flagged and reiterating that the only impact to Beaver Creek pertains to the Arcadian. He expressed hope for approval after public input has been gathered and submitted a fact sheet for inclusion as a supplement to the Council Packet. Mayor Underwood opened the floor to public comment, and no public comment was received in person nor virtually. Mayor Pro Tern Carroll motioned to approve Resolution 25-11. Councilor Stanley seconded the motion. The motion passed unanimously with a 7 to 0 vote 6.2. PRESENTATION: Community Development Department Program and Services (Community Development Director Matt Pielsticker) Video Start Time: 01:07:30 Community Development Director Matt Pielsticker delivered a presentation related to Community Development Department Program and Services. As this was a presentation, no motion was requested, and no public comment was received in person nor virtually. AVON REGULAR MEETING MINUTES Avon TUESDAY AUGUST 12, 2025 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 6.3. ACTION: Approval of Contract for GPS for Regional Housing Authority (Town Manager Eric Heil) Video Start Time: 01:20:50 Town Manager Eric Heil presented the GPS Contract for the Regional Housing Authority, explaining that the Town pays initially, DOLA refunds the amount, and Deputy Town Manager Patty McKenny oversees the process. No public comments were received. Councilor Hardy supported the initiative, noting it would help coordinate housing policy and simplify regulations in the County. Councilor Hyatt motioned to approve the Contract for GPS for a Regional Housing Authority. Councilor Stanley seconded the motion. The motion passed unanimously with a 7 to 0 vote 6.4. PUBLIC HEARING: ORDINANCE 25-14, Second Reading: Approving Financing to Purchase 15 Sun Road Lot (Chief Financial Officer Paul Redmond) Video Start Time: 01:34:10 Chief Financial Officer Paul Redmond provided a presentation regarding Ordinance 25-14, accompanied by Maria Harwood and Robyn Moore from Piper Sandler, who additionally responded to questions posed by the Council. Mayor Underwood opened the floor of the public hearing to public comment, and no public comment was received in person nor virtually. Council expressed they feel in good hands and are excited to purchase this lot. Councilor Hyatt motioned to approve Ordinance 25-14. Councilor Stanley seconded the motion. The motion passed unanimously with a 7 to 0 vote 6.5. PUBLIC HEARING: ORDINANCE 25-06, First Reading: CTA-24002 Code Text Amendments (Planning Manager Jena Skinner) Video Start Time: 01:55:40 Planning Manager Jena Skinner delivered a presentation regarding Ordinance 25-06. Mayor Underwood highlighted that she liked the introductory paragraph and asked Planning Manager Skinner to explain the equity component as part of the process. She added a request that there be a second reading with encroachments and indicated that page 575 of the packet refers to dog parks rezoning. Mayor Underwood asked Planning Manager Skinner to schedule the second reading of the Ordinance in a month to allow for more public comment and directed it get scheduled in the meeting of September 9, 2025. Ms. Skinner indicated public comment can be emailed to her at jskinner@avon.org. Mayor Underwood opened the floor of the public hearing to public comment, and no public comment was received in person nor virtually. Council thanked Ms. Skinner for simplifying the language and appreciated her significant effort on the revamp of the Code. Mayor Pro Tern Carroll motioned to approve Ordinance 25-06. Councilor Brooks seconded the motion. The motion passed unanimously with a 7 to 0 vote 6.6 ORDINANCE 25-15, First Reading: Authorizing the Use of an Automated Vehicle Identification System (AVIS) for Speed Enforcement in Avon (Police Chief Greg Daly) Video Start Time: 02:19:10 Police Chief Greg Daly presented on Ordinance 25-15, addressing Council concerns about speeding on Avon Road. Brandon Knox (AVIS) joined virtually to answer questions, but technical issues prevented AVIS representatives from being heard. Mayor Underwood opened public comment; resident Charlie Sherwood spoke against implementing AVIS. Due to ongoing technical 4 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 12, 2025 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO problems, the first reading was continued to the August 26, 2025, Council Meeting. Mayor Pro Tern Carroll motioned to continue the first reading of Ordinance 25-15 to August 26, 2025. Councilor Brooks Hyatt the motion. The motion passed unanimously with a 7 to 0 vote 6.7 WORK SESSION: Facility Department Use of 351 Benchmark Rd (Town Manager Eric Heil) Video Start Time: 02:39:00 Town Manager Eric Heil discussed the Facility Department's use of 351 Benchmark Rd, confirming event staging options remain available and that relocation is planned for October. Councilor Hardy proposed a sign for temporary use and possible fundraising, but Heil noted white knight donors are rare and suggested other fundraising approaches; there will be signage indicating Facilities' occupancy. Mayor Underwood asked staff to coordinate with the Fire Marshall for safety and consider restricting second -floor access. Councilor Thuon questioned current and future storage solutions for Facilities. No public comment was received in person nor virtually. After deliberations, Council unanimously provided Staff direction to staff to move forward with Facility Department Use of 351 Benchmark Rd. 6. WRITTEN REPORTS 7.1. June 26th Upper Eagle Regional Water Authority Summary (Mayor Underwood) 7.2. July 15th Health & Recreation Committee Meeting Draft Minutes (Recreation Director Michael Labagh) 7.3. Quarterly RETT Reports (Financial Analyst Chase Simmons) 7.4. 2026 Community Grant Program Funding (Marketing & Communications Manager Elizabeth Wood) 7.5. Community Partners Program Update (Marketing & Communications Manager Elizabeth Wood) 7.6. Salute to the USA Post Event Recap (Senior Special Events Coordinator Chelsea Van Winkle) 7.7. Art Guild at Avon Update (Chief Cultural Officer Danita Dempsey) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:53:55 Councilor Stanley mentioned Special Events occurring in Avon, including Avon Live, Lakeside Cinema, and Sunset Live. Councilor Brooks reported attending the NWCOG event virtually and found it informative. He discussed the Eagle County lodging tax proposal and Commissioner Tom Boyd's thoughts on its potential passage and mentioned Eagle River Coalition's work to restore Camp Hale. Town Manager Eric Heil indicated that he, Deputy Town Manager Patty McKenny and Finance Director Paul Redmond are all keeping an eye on the issue of the County's proposed lodging tax. Mayor Underwood asked if any Councilors objected to her working with Staff to sign a letter supporting Holy Cross's Environmental Assessment Alternative No. 4, preferred by the Forest Service for maximizing underground grid routing, and she received unanimous support to sign it. Councilor Hardy mentioned the Cars in the Park event, and invited the public to attend. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 12, 2025 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Pro Tern Carroll mentioned that the CORE Transit Meeting is scheduled for the following day at Avon Town Hall Council Chambers from 12 to 2 p.m. 9. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 8:08 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.hiphfivemedia.orp. RESPECTFULLY SUBMITTED: Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Underwood Rich Carroll Ruth Stanley Lindsay Hardy Chico Thuon Kevin Hyatt Gary Brooks 'neon00 OLIr,.E TO: Honorable Mayor Underwood and Council members FROM: Coby Cosper, Deputy Chief of Police RE: Eagle County 911 Authority Boards IGA Third Amendment DATE: August 18, 2025 SUMMARY: The third amendment to the Eagle County 911 Authority Board's Intergovernmental Agreement ("IGA") is presented for Council consideration. The Town of Avon has partnered with the Eagle County Emergency Telephone Authority Board, also known as the E911 Service Authority, which performs its duties under Article 11 of Title 29 of the Colorado Revised Statutes since the original IGA was signed in 1991 (Attachment C). The Eagle County 911 Authority Board is currently updating their IGA documents for the board. The Mayor is asked to sign the third amendment to the IGA between the Town of Avon and the Eagle County Emergency Telephone Authority Board (Attachment A). BACKGROUND: The Eagle County Emergency Telephone Authority Board provided the background and more information about the request for the third amendment in the letter that can be found in Attachment B. Further background documents that you will find attached are the original IGA (Attachment C), the first amendment to the IGA (Attachment D) and the second amendment to the IGA (Attachment E). LEGAL REVIEW: The Town Attorney's Office has reviewed the third amendment for legal compliance and approval. PROPOSED MOTION: "I move to approve the third amendment to the Intergovernmental Agreement between Eagle County Emergency Telephone Authority Board and the Town of Avon Concerning he Implementation of an "E911" Telephone Service" Thank you, Coby ATTACHMENT A: Third Amendment to the IGA Concerning the Implementation of an "E911" Telephone Service ATTACHMENT B: Letter from the Eagle County Emergency Telephone Authority Board explaining the request for a third amendment ATTACHMENT C: Original IGA Concerning the implementation of an "E911" Telephone Service ATTACHMENT D: First Amendment to the IGA Concerning the implementation of an "E911" Telephone Service ATTACHMENT E: Second Amendment to the IGA Concerning the implementation of an "E911" Telephone Service 970-748-4018 ccosper@avon.org Docusign Envelope ID: F4D06981-7518-4C5B-A7BC-99864OF4lB41 Attachment A THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" TELEPHONE SERVICE THIS THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "B911"TELEPHONE SERVICE is made and entered into this day of , 2025, by and between the following entities, which are sometimes collectively referred to as the "Parties," or individually and generically as a "Party": 1) The Board of County Commissioners, County of Eagle, State of Colorado; 2) The Town of Vail, a Colorado municipal corporation; 3) The Town of Avon, a Colorado municipal corporation; 4) The Town of Eagle, a Colorado municipal corporation; 5) The Town of Gypsum, a Colorado municipal corporation; 6) The Town of Minturn, a Colorado municipal corporation; 7) The Town of Red Cliff, a Colorado municipal corporation; 8) The Greater Eagle Fire Protection District, a quasi -municipal corporation; 9) The Gypsum Fire Protection District, a quasi -municipal corporation; 10) The Eagle River Fire Protection District, a quasi -municipal corporation; 11) Eagle County Health Service District, d/b/a Eagle County Paramedic Services, a quasi - municipal corporation RECITALS WHEREAS, the Parties entered into an Intergovernmental Agreement Concerning the Implementation of E911 Telephone Service on January 14, 1991, (hereinafter the "Original Agreement") to establish the Emergency Telephone Service Authority; and WHEREAS, pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a) and Section 29- 1-201, et seq., C.R.S., any political subdivisions of the State of Colorado may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes, or the insuring of debt, only if such cooperation or contracts are authorized by each Party thereto with approval of its legislative body; and WHEREAS, the purpose of this Third Amendment to the Original Agreement (hereinafter sometimes referred to as "Third Amendment") is to set forth new and additional terms and conditions, to update out-of-date provisions from the Original Agreement, and to account for changed conditions within the service area. WITNESSETH: NOW THEREFORE, it is mutually agreed as follows: Docusign Envelope ID: F4D06981-7518-4C5B-A7BC-998640F41B41 1. Paragraph "9.1" of the Original Agreement is hereby amended in its entirety to state as follows: "This Agreement shall be in full force and effect upon execution hereof, and continue in effect for a period of one (1) year. This Agreement shall automatically renew annually, subject to amendments, on the anniversary date hereof without further action, unless terminated in writing by a majority of the then Parties." 2. The Parties agree that this Third Amendment to the Original Agreement shall be effective as of the date first above written. 3. Article III, section 3.1 of the Original Agreement shall be deleted in its entirety and replaced with the following: "The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members, who shall be appointed by and serve at the pleasure of, the Board of County Commissioners." 4. Article III, section 3.2 of the Original Agreement shall be deleted in its entirety and replaced with the following: "The Board of County Commissioners shall appoint a President and Secretary of the Authority Board from among the members of the Authority Board initially appointed. Thereafter, the Authority Board shall elect from its members the President by majority vote of the Authority Board, on an annual basis. The President of the Authority Board shall serve as its chairperson, and preside over all meetings thereof. The person serving as the 911 Coordinator shall be Secretary to the Board, but shall have no vote on any official business. In the event there is no 911 Coordinator employed by the Authority Board, a Secretary shall be elected from among the members of the Authority Board by majority vote on an annual basis." 5. Article I11, section 3.3 of the Original Agreement shall be deleted in its entirety and replaced with the following: "The initial terms of two (2) Authority Board members shall be three (3) years each, two (2) authority board members shall serve terms of two (2) years each, and the fifth (5th) authority board member shall serve for a term of one (1) year. Thereafter, the terms of all Authority Board members shall be two (2) years, except when for an alternate member appointed to serve a partial term, or except when necessary to preserve the staggered nature of Authority Board members' terns. When making appointments, the Board of County Commissioners shall designate the length of the respective term of each member appointed. All previously -appointed Authority Board members shall be eligible for reappointment." 6. Article 111, section 3.4 of the Original Agreement shall be deleted in its entirety and replaced with the following: "The Board of County Commissioners may remove an Authority Board member from office for cause at any time. Alternate members may be appointed in the manner set forth herein to serve as members of the Authority Board in the case of absence, incapacity, or removal of any member. Such alternate member shall first serve the remainder of the term of the member whose seat to which they were appointed; such alternate member may then be reappointed to fill an entire term thereafter in the ordinary course of appointments of members to the Authority Board. " 7. The Western Eagle County Ambulance District is no longer a Party. Any mention of the Western Eagle County Ambulance District is hereby stricken from the Original Agreement. 8. Eagle River Fire Protection District is hereby added as a signatory to the Original Docusign Envelope ID: F4D06981-7518-4C5B-A7BC-998640F41B41 Agreement. A resolution of the Eagle River Fire Protection District authorizing and directing the Eagle River Fire Protection District to join herein as a party, as required by Article X, section 10.2 of the Original Agreement, is attached hereto and incorporated herein as Exhibit "A". 9. Execution by Counterparts; Electronic Signatures. This Third Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Third Amendment. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101 to 121. 10. All other terms of the Original Agreement not specifically modified, as set forth herein, shall remain in full force and effect unless changed in a writing signed and agreed to by the Parties. Any conflicts between the Original Agreement, the First Amendment, the Second Amendment, and this Third Amendment, or ambiguities created hereby, shall be resolved in favor of this Third Amendment, or in such a way as to effectuate the intent of the Parties as evidenced by their written agreements. THIS THIRD AMENDMENT is executed the day and year above first written, and attested to by the Parties as shown by their signatures below. COUNTY OF EAGLE, COLORADO ATTEST: By and through its Board of County Commissioners , Chair of the Board EMERGENCY TELEPHONE SERVICE AUTHORITY I- DocuSigned by: t-i. I TOWN OF VAIL TOWN OF AVON Chair of the Board , Mayor , Mayor , Clerk to the Board ATTEST: DocuSlgned by: Cam. 06I rctLt sS F906C90910FC460... its ATTEST: Town Clerk ATTEST: Town Clerk Docusign Envelope ID: F4D06981-7518-4C5B-A7BC-998640F41B41 TOWN OF EAGLE , Mayor ATTEST: Town Clerk TOWN OF GYPSUM ATTEST: Mayor Town Clerk TOWN OF MINTURN ATTEST: , Mayor Town Clerk TOWN OF RED CLIFF ATTEST: , Mayor Town Clerk GREATER EAGLE FIRE PROTECTION DISTRICT ATTEST: its , its GYPSUM FIRE PROTECTION DISTRICT ATTEST: , its , its EAGLE RIVER FIRE PROTECTION DISTRICT ATTEST: its , its Docusign Envelope ID: F4D06981-7518-4C5B-A7BC-998640F41B41 EAGLE COUNTY HEALTH SERVICE DISTRICT ATTEST: , its its Docusign Envelope ID: F4DO6981-7518-4C5B-A7BC-998640F41B41 Exhibit A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAGLE RIVER FIRE PROTECTION DISTRICT RESOLUTION CONCERNING EAGLE RIVER FIRE PROTECTION DISTRICT'S DESIRE TO JOIN THE 1911 TELEPHONE AUTHORITY IGA, AND TO BECOME A PARTY THERETO WHEREAS, pursuant to Article 11 Title 29, of the Colorado Rev'sed Statutes local governments may contract with one another to provide emergency telephone services through intergovernmental agreements, and WHEREAS, an existing Intergovernmental Agreement Concerning the Implementation of E911 Telephone Service was executed on January 14 1991, (hereinafter, The 'IGA I to a tablish the Emergency Telephone Service Authority and said IGA (ere a ns n effect today w,th various amendments and WHEREAS, pursuant to the Colorado Constutut on Article XIV, Section 18(2 fa) and 4 29.1.201 et seq.. C.R.S any political subdivisions of the State of Colorado may cooperate or contract with one another to provide any function, service or facility lawfu ly authorized to ea h of the cooperating or contracting unds. including the sharing of costs the impos t on of taxes. or the nsunng of debt, onty f such cooperation or contracts are authorized by each Party thereto with approval of its legislative body and WHEREAS, it is the desire of the Lagle River I re Prole lion D strict to become a party to the existing IGA noted above NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE EAGLE RIVER FIRE 1. the Eagle River Tire Protection District desires and Intends to Ioln the IGA and to become a party thereto 2. this Resolution is intended to serve as proof of such intent, as required by 4 10 2 of 0 a IGA 3 the President or designee for the Eagle River Fire Protection District to execute such documents and to take such actions as are necessary to add the kagle River Fire Protection District to said IGA as a party thereto MOVED, READ AND ADOPTED by the Board of Directors for the Eagle River Fire Protection District at Its regular meeting held The 21" day of November, 2024. Attest EAGLE RIVER FIRE PROTECTION DISTRICT By and through Its BOARD OF DIRECTORS / Clint Ian -en tJ C ]• art .t ,.F., s1E.r .-�— Attachment B Eagle County Emergency Telephone Authority Board/ "E911" Telephone Service Authority PO Box 850 Eagle, CO 81631 911(a)eaglecounty.us July 18th, 2025 Greetings Colleagues. As many of you may know, the Eagle County Emergency Telephone Authority Board, also known as the E911 Service Authority, performs its duties under Article 11 of Title 29 of the Colorado Revised Statutes. The E911 Authority Board is composed of 5 dedicated members who serve in an advisory capacity to the Vail Public Safety Communications Center (VPSCC). County -appointed board members oversee the collection and distribution of 911 telephone surcharge funds collected in and allocated to Eagle County. Surcharge collection and expenditures are used to provide citizens and guests of Eagle County with access to the 911 or emergency telephone system. Along with surcharge fund management, the E911 Board acts as Eagle County's addressing authority, working with the county, local municipalities, and service providers to ensure that telephone numbers and location information is passed to the communications center in a manner that aids in the most efficient and effective response from local emergency service providers. Board members decided to review and update the governing documents in 2024 to reflect an up-to-date participant list, as well as make changes to various articles within the papers to bring the board's documentation up to date, thereby enabling best practices. The Eagle County Emergency Telephone Authority Board requests that each represented entity review the attached Third Amendment to Eagle County Intergovernmental Agreement (IGA) Concerning the Implementation of E911 Telephone Service in Eagle County. We have attached all IGA documents for the board, recognizing the potential and probable change in participant leadership. We are utilizing this opportunity as a form of "training or refresher training" for those currently at the table. Board members are available to answer any questions that may arise. You may reach our board chairman, Mark Novak, at MNovakgvail.gov or Beth Dobransky, board secretary, at 911kea leg county.us. Regards, Eagle County Emergency Telephone Authority Board Members; Mark Novak - Chair Karen Murphy - Voting Member Kevin Kromer - Voting Member Coby Cosper - Voting Member Brandon Daruna - Voting Member /s/btd Attachment C J EAGLE COUNTY INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" TELEPHONE SERVICE This Intergovernmental Agreement for "E911" Telephone Service ("Agreement") is made this _ day of January, 1991, by and between the following parties (hereafter referred to collectively as "Parties"): 1. Board of County Commissioners, County of Eagle, State of Colorado ("Board of County Commissioners"); 2. The Town of Avon, a municipal corporation ("Avon"); 3. The Town of Eagle, a municipal corporation ("Eagle"); 4. The Town of Gypsum, a municipal corporation ("Gypsum"); 5. The Town of Minturn, a municipal corporation ("Minturn"); 6. The Town of Red Cliff, a municipal corporation ("Red Cliff"); 7. The Town of Vail, a municipal corporation ("Vail'); 8. The Eagle County Emergency Services Hospital District (a/k/a Eagle County Ambulance Service), a quasi -municipal corporation ("ECESHD"); 9. The Greater Eagle Fire Protection District, a quasi -municipal corporation ("EFPD"); 10. The Gypsum Fire Protection District, a quasi -municipal corporation ("GFPD"); and 11. Western Eagle County Ambulance District, a quasi -municipal corporation ("WECAD"). WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29 of the Colorado Revised Statutes (hereinafter the "Act") the Parties hereto are delegated the power to enter into inter— governmental agreements of this type for the purpose of providing emergency telephone service; and WHEREAS, the Act encourages and authorizes agreements of this nature; and Exhibit Al WHEREAS, it would serve the public welfare and be in the best interest of the Parties to participate in the organization, administration and common use of a central emergency telephone service authority; and WHEREAS, the Parties desire to enter into this Agreement for the following purposes: (1) to establish a separate legal entity to be known as the "Emergency Telephone Service Authority" which shall be responsible for administering the operation of the emergency telephone service program; and (2) to define the manner in which each of the Parties will participate in the Emergency Telephone Service Authority; and WHEREAS, this Agreement supersedes a similar agreement dated June 28, 1988. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the Parties agree as follows: I. DEFINITIONS The definitions for the terms "emergency telephone charge", "emergency telephone service", "equipment supplier", "exchange access facilities", "governing body", "person", "public agency", "service supplier", "service user" and "tariff rates" as used in this Agreement shall be the same as the definitions set forth in the Act. II. GENERAL PROVISIONS 2.1 Pursuant to the Act, the Parties hereby establish a separate legal entity to be known as the "Emergency Telephone Service Authority" (hereinafter referred to as the "Authority") which shall be responsible for administering the operation of the emergency telephone service program as set forth herein. 2.2 The Parties agree that, contemporaneously herewith, they will, by resolution or ordinance, constitute, authorize and empower the Authority, as a separate entity with full powers to enter into contracts, to sue, and otherwise do all things necessary to carry out the duties delegated herein. 2.3 The area to which emergency telephone services shall be supplied and the area within which service users shall be surcharged, all as provided herein, shall be Eagle County as that jurisdiction is defined by Colorado law. III. EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD 3.1 The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members who shall be appointed by, and serve at the pleasure of, the Board of County Commissioners. Two members shall be appointed from east of Wolcott, two members from west of Wolcott, and one member shall be appointed "at large." At such time as the Basalt/El Jebel area joins into the Eagle County E911 system, the fifth member of the Authority Board shall be appointed from that area —2— 3.2 The Board of County Commissioners shall appoint a President and Secretary of the Authority Board from among the members of the Authority Board. 3.3 The initial terms of two directors shall be three years each, two directors shall be for terms of two years each, and the fifth director shall be appointed for a term of one year. In the initial appointments, the Board of County Commissioners shall designate the length of the respective terms of each member. Thereafter, the terms of all members shall be two years. All directors are eligible for reappointment. 3.4 The Board of County Commissioners may remove a director from office for cause at any time. Alternate members may be appointed to serve as a member of the Authority Board in the absence of any member in the manner as set forth herein. IV. RULES AND REGULATIONS The Authority Board may adopt bylaws and/or supplementary rules and regulations as it deems necessary, provided that said bylaws and/or supplementary rules and regulations are in compliance with the Act, this Agreement and Colorado law. V. POWERS OF THE AUTHORITY The Authority shall be empowered and authorized to: 5.1 Contract for the installation and operation of an emergency telephone service. 5.2 Pay for such equipment, software, installation of equipment and software, and related services by way of lease, purchase or lease —purchase. 5.3 Collect an emergency telephone charge as provided by the Act in an amount not to exceed seventy cents ($.70) per month in those portions of the service area for which emergency telephone service is to be provided. 5.4 The Authority's funds shall be spent solely to pay for (whether by lease, purchase, or lease —purchase) direct and incidental costs associated with the acquisition of equipment and software, and the installation thereof, as well as the direct and incidental costs of operating an emergency telephone service, including the monthly recurring charges billed by the service supplier, and for such other expenses reasonably necessary to enable the Authority to discharge its duties hereunder. 5.5 In addition, the Authority may do any other act as may be necessary for the provision of emergency telephone service, including, but not limited to, contracting with equipment vendors and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems necessary to improve or enhance the quality and efficiency of service to be provided hereunder. —3— 5.6 No act or course of action shall be undertaken by the Authority or in the name of the Authority unless the same is first duly authorized by a majority vote of the Authority Board at any meeting, upon due notice first given, at which a quorum is present of a majority of the members of the Authority Board then holding office, or as permitted by law. VI. BUDGET AND OPERATING COSTS 6.1 The Authority shall adopt an annual budget for the costs of equipment, operation and maintenance of providing emergency telephone service. The budget shall be submitted to the Board of County Commissioners for review and approval. 6.2 Unless agreed to by a majority of the Parties or as provided in paragraph 6.3 herein, the annual budget of the Authority for administrative expenses shall not exceed Two Thousand Dollars ($2,000), plus the costs of an annual audit and insurance. 6.3 Each year in which the Authority believes funds for administrative costs in excess of $2000 are necessary, it shall prepare and submit a budget request to the Board of County Commissioners by July 15 of the year prior to when the funds are necessary. The Board of County Commissioners shall consider funding the budget request in the County's annual appropriation. VII. FUNDS AND OPERATIONS 7.1 The uniform charge per exchange access facility shall be collected by the service supplier and delivered to the Authority. The Parties hereto shall have no obligation to collect this uniform charge. 7.2 The funds of the Authority shall be maintained in one or more accounts in accordance with Colorado law and shall not be commingled with the funds of any of the Parties. Any funds remaining in the accounts at year end shall be carried over to the next succeeding year. 7.3 The Authority's funds shall be used for the purposes set forth herein including, but not limited to, the payment of administrative, operating and maintenance costs, and amounts due to any lender or lessor for any sums advanced, plus interest or other charges. No disbursement shall be made from the funds of the Authority except by check and unless a bill for goods or services actually rendered or delivered has been first submitted and approved for payment by the Authority, said approval being evidenced by a writing signed by the President and Secretary of the Authority Board. 7.4 Except for any loan, lease or contract expressly approved by the Board of County Commissioners, the Authority shall not borrow money, enter into any lease agreement or execute any contract having a price or value in excess of $10,000. Further, the Authority shall not approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash, credited to the Authority, with which to pay the same. —4— 7.5 The Authority may invest its funds only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. 7.6 No Party to this Agreement shall have any liability to pay for any debt or other obligation incurred by the Authority unless there is a specific undertaking by each party to do so, accompanied by an appropriation approved with the requisite formalities. 7.7 Nothing herein prevents the Authority from returning any surplus operating revenues provided by the Parties hereto for the operation of this emergency telephone service to the respective Parties hereto in the same proportion that said Parties originally contributed funds for operation pursuant to paragraph 7.6 hereof. Vlll. BOOKS AND RECORDS 8.1 The Authority shall maintain adequate and correct accounts of its funds, properties and business transactions, which accounts shall be open to inspection at any reasonable time by the Parties hereto, their accountants or their agents, as well as the general public. The Authority shall cause to be conducted an annual audit, which audit shall be conducted by an independent certified public accountant licensed by the State of Colorado. The Authority shall file a copy of said audit with each of the Parties. 8.2 A written record of all proceedings of the Authority Board as well as of action taken shall be maintained and such records shall be open to inspection at all reasonable times. 8.3 Within ninety days after the end of each calendar year, the Authority shall prepare and present to the Parties a comprehensive annual report of the Authority's activities and finances during the preceding year. 8.4 The Authority shall also prepare and present such reports as may be required by law, regulation or contract to any governmental agency. 8.5 The Authority shall also render to the Parties hereto, at reasonable intervals, such reports and accounting as the Parties hereto may from time to time request. IX. TERMINATION OF AGREEMENT 9.1 This Agreement shall be in full force and effect upon the execution of the Agreement by the Parties in accordance with paragraph 12.2 hereof, and shall continue in full force and effect, subject to amendments, until terminated by a majority of the then Parties. 9.2 Any Party's participation in this Agreement may be terminated by written notice from such Party to the Authority Board at least 180 days prior to January 1 of any given year. Termination of any Party's participation in this Agreement shall terminate all unaccrued obligations of the terminating party unless such Party has agreed to be liable for a debt of the Authority pursuant to the provisions of paragraph 7.6 herein. —5— C G 9.3 Upon termination by a majority of the Parties to this Agreement, the powers granted to the Authority under this Agreement shall continue to the extent necessary to make an effective disposition of the Authority and its property, duties and obligations. 9.4 Upon termination of this Agreement, the property of the Authority shall be transferred to the County of Eagle, State of Colorado. X. AMENDMENT 10.1 This Agreement may be amended by a majority of the then Parties from time to time, in writing and executed by those Parties. 10.2 Additional Parties may be added to this Agreement at any time upon delivery of an appropriate resolution or ordinance directing same, and upon execution of this Agreement and any amendment in existence at the time. XI. LIABILITY OF AUTHORITY BOARD, AND ITS OFFICERS AND EMPLOYEES; INSURANCE 11.1 The members of the Authority Board and its officers and employees shall not be personally liable for any acts performed or omitted in good faith during the scope of their duties pursuant to this Agreement. 11.2 The Authority shall obtain insurance for the members of the Authority Board and the Authority against claims which may be brought against them. 11.3 The Authority may obtain a bond or other security to guarantee the faithful performance of the duties of the members of the Authority Board. XII. MISCELLANEOUS 12. In case any one or more of the provisions contained in this Agreement shall be for any reason held invalid, illegal or unenforceable in any respect, such invalidity or unenforcibility shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been a part hereof. 12.2 This Agreement may be executed in counterparts. Execution of this Agreement by fewer than all parties shall cause the Agreement to be effective between those parties. 12.3 Notice hereunder shall be given by United States mail to the address of the entity as set forth herein, said notice being deemed received three days after mailing. 12.4 This Agreement shall be construed pursuant to Colorado law. C-2 C7j IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS B By: A. ates, Chairmanerk tothe Boardof Geo a Cuy Commssoners P.O. Box 850 Eagle, CO 81631 ATTEST: TOWN OF AVON BY: By: Clerk P.O. Box 975 Avon, CO 81620 ATTEST: TOWN OF EAGLE Mayor BY: By: Clerk Mayor P.O. Box 609 Eagle, CO 81631 ATTEST: TOWN OF GYPSUM BY: By: Clerk Mayor P.O. Box 237 Gypsum, CO 81637 —7— C ATTEST: ATTEST: luv ATTEST: GREATER EAGLE FIRE PROTECTION DISTRICT By: Chairman P.O. Box 666 Eagle, CO 81631 GYPSUM FIRE PROTECTION DISTRICT By: P.O. Box 243 Gypsum, CO 81637 Chairman WESTERN EAGLE COUNTY AMBULANCE DISTRICT in QZ P.O. Box 1077 Eagle, CO 81631 Chairman IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Donald H. Welch, Chairman County Commissioners ATTEST: ATTEST: Clerk ATTEST: P.O. Box 850 Eagle, CO 81631 TOWN OF AVON By: . '�] f) Mayor P. . Box 975 A n. CO 81620 TOWN OF EAGLE M P.O. Box 609 Eagle, CO 81631 TOWN OF GYPSUM BY: By: Clerk P.O. Box 237 Gypsum. CO 81637 —7— Mayor Mayor IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: Clerk to the Board of Donald H. Welch, Chairman County Commissioners P.O. Box 850 Eagle, CO 81631 ATTEST: TOWN OF AVON BY: By: Clerk P.O. Box 975 Avon, CO 81620 ATTEST: TOWN OF EAGLE BY: By: Clerk P.O. Box 609 Eagle, CO 81631 ATTEST: TOWN OF GYPSUM Mayor Mayor By: Clerk Mayor P.O. Box 237 Gypsum, CO 81637 —7— sk ATTES"I. TOWN OF MIN"I'UFFIN /�� -o By: b G;(jr "Mayor P 0 Box . -409 M:nturn, CC S1645 TOWN,"F clerk ".'TEST: Mayor P.O. B" ; Red Glitt. CO 8 1049 TOWN tl.'*� VAL Mayor S ProntaoA Road Wp.-,t EAGL Emi�RG'.'NCY SEHVICES HOSPi C-STHI(;— [3v:--- Chairman P.0, Uux 1637 7/rLilCQ M653 - = * - M I NTUR" POLICE DEPT ATTEST: TOWN OF MINTURN BY: By: Clerk Mayor P.O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF BY: By: Clerk Mayor P.O. Box 109 Red Cliff, CO 81649 - ATTEST: TOWN OF VAIL BY: (:j� A By: Clerk Mayor 75 S. Frontage Road West Vail, CO 81658 l EAGLE COUNTY EMERGENCY SERVICES ' Q,� •�� ATTEST: HOSPITAL DISTRICT ' BY: By: (9 D,�, Chairman P.O. Box 1637 Vail, CO 81658 —8— ATTEST: TOWN OF MINTURN Mayor zA�Vy6—r Y a d W as t 'ENCY SERV*�.3ES -0- C-1/ ATTEST: TOWN OF MINTURN BY: By: Clerk Mayor P.O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF BY: By: Clerk Mayor P.O. Box 109 Red Cliff, CO 81649 ATTEST: TOWN OF VAIL BY: (� A. BY Clerk Mayor 75 S. Frontage Road West Vail, CO 81658 EAGLE COUNTY EMERGENCY SERVICES HOSPITAL DISTRICT ATTEST: BY: By: Chairman P.O. Box 1637 Vail, CO 81658 —8— GREATER EAGLE FIRE PROTECTION ATTEST: DISTRICT BY: By. Chairman P.O. Box 666 Eagle. CO 81631 ATTEST: GYPSUM FIRE PROTECTION DISTRICT BY: By: P.O. Box 243 Chairman Gypsum. CO 81637 WESTERN EAGLE COUNTY AMBULANCE ATTEST: DISTRICT BY: By. P.O. Box 1077 Eagle, CO 81631 —9— Chairman GREATER EAGLE FIRE PROTECTION ATTEST: DISTRICT BY: By: Chairman P.O. Box 666 Eagle, CO 81631 ATTEST: GYPSUM FIRE PROTECTION DISTRICT BY: By: Chairman P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT BY: By: � Chairman P.O. Box 1077 Eagle, CO 81631 —9— tC '97 22 6 0 Attachment D AMENDMENT NUMBER ONE TO INTERGOVERNMENT-A.I;._AGREEMENT... CONCERNING THE IMPLYMENTATION OF AN "E911" TELEPHONE SERVICE This Amendment Number One To Intergovernmental Agreement Concerning The Implementation Of An IIE911" Telephone Service ("Amendment") is made effective this 11�- day of 199�1, by and between the following parties: 1. Board of County Commissioners, County of Eagle, State of Colorado ("Board of County Commissioners:); 2. The Town of Avon, a municipal corporation ("Avon"); 3. The Town of Eagle, a municipal corporation ("Eagle"); 4. The Town of Gypsum, a municipal corporation ("Gypsum"); 5. The Town of Minturn, a municipal corporation ("Minturn"); 6. The Town of Red Cliff, a municipal corporation ("Red Cliff") ; 7. The Town of Vail, a municipal corporation ("Vail"); 8. The Eagle County Emergency Services Hospital District (a/k/a Eagle County Ambulance Service), a quasi -municipal corporation ("ECESHD"); 9. The Greater Eagle Fire Protection District, a quasi - municipal corporation (11EFPD11); 10. The Gypsum Fire Protection District, a quasi -municipal corporation ("GFPD"); 11. Western Eagle County Ambulance District, a quasi - municipal corporation ("WECAD"). Exhibit A2 WHEREAS, the parties hereto entered into an Intergovernmental Agreement Concerning The Implementation Of An "E911" Telephone Service ("Agreement") to create the Emergency Telephone Service Authority ("Authority") and define the manner in which each of the parties will participate in the Authority. WHEREAS, the Authority, among other things, provides automatic number identification ("ANI") and automatic location identification ("ALI") equipment to the Public Safety Answering Points serving Eagle Valley and Vail Valley, and, in addition, subscribes to a database service to which "91111 calls are automatically routed in order for the ANI/ALI equipment to function. WHEREAS, the "Enhanced 911" system is one which includes ANI, ALI (including non -listed and non -published addresses and numbers) and (optionally) selective routing, to facilitate public safety response, the automatic provision of. which is the principal function of the enhanced 911 system. WHEREAS, the Authority notifies the database service of new address information which it receives from government agencies exercising jurisdiction over addressing and from local telephone companies. WHEREAS, the Authority has no jurisdiction over addressing existing locations or new development, and no means to identify special routing when required to facilitate response to a particular location. WHEREAS, the Authority has developed a set of standards for uniform addressing. WHEREAS, the parties want to provide a routine for providing new addressing information to the ANI/ALI database service through the Authority, and to provide a means for implementing common standards for addressing existing and new locations within their respective jurisdictions; and WHEREAS, the Authority is in the best position to coordinate addressing throughout the jurisdictions of the Parties; and 2 I'A WHEREAS, the Parties are authorized to enter into agreements of this type by C.R.S. SS29-011-101, et seq. NOW THEREFORE, in consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Each Party will designate one or more of its employees or agents ("Addressing Personnel") to coordinate addressing for its jurisdiction with the Authority. 2. The Parties will promptly report new and changing addresses to the Authority, on forms and/or including information defined by the Authority, and, if and when such service becomes available, also will report selective routing for locations. 3. The Authority will consult with the Addressing Personnel from time -to -time for the purpose of revising addressing standards and procedures. The Parties will support the Authority in that effort. 4. The Parties will require in their respective jurisdictions that addressing of new locations and changes to addressing of an existing location conform with the standards existing at the time of addressing. Whenever a subdivision or any other application for 'a Party's approval, which creates a new street(s), street name(s), address(es), and/or lot(s), or which changes existing street (s), street name (s), address (es), and/or lot (s), the Party will submit the documents identifying the same to the Authority for review both for compliance with applicable standards and for compatibility with existing addressing. The Parties agree not to approve such applications before they have been sent (insofar as applicable to addressing) to the Authority for its review and either approval or recommendation(s) for change(s). The Authority may recommend address and/or street name changes. If the Authority has not replied within ten (10) days of the submittal of materials for its review, approval may be presumed. 5. Whenever a Party proposes to change a street name, it shall submit the change to the Authority for its review and either 3 approval or recommendation for change before adopting the change. If the Authority has not replied within ten (10) days of the submittal of materials for its review, approval may be presumed. 6. When it becomes practicable in the judgment of the respective Parties to do so, the Parties, respectively, will require existing locations whose addressing, and existing streets whose names and/or addressing, do not conform to the standards to be changed to conform to them. 7. Nothing herein is intended to relieve individuals of their responsibility to report addressing and special routing requirements to their local jurisdictions, telephone service providers, and emergency service providers. 8. All terms and conditions of the Agreement remain in full force and effect except as expressly changed by this Amendment and then only as to the signatory Parties to the Amendment. IN WITNESS WHEREOF, the Parties hereto have caused their respective names and seals to be affixed hereto, as of the day and year herein above set forth. of SAGL'o 0 ATTEST: COLORADO By: JAA Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: JLX� hnnette Phillips hairman 4 ATTEST: TOWN OF AVON By: Mayor P. 0. Box 975 Avon, CO 81620 TOWN OF EAGLE By: By: Clerk ATTEST: By: Clerk P. 0. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: P. 0. Box 237 Gypsum, CO 81637 Mayor Mayor ATTEST: By: Clerk ATTEST: TOWN OF AVON By: P. O. Box 975 Avon, CO 81620 TOWN OF EAGLE Mayor C erk Mayor P. O. Box 609 Eagle, CO 81631 ATTEST: TOWN OF GYPSUM By: By: Clerk P. O. Box 237 Gypsum, CO 81637 5 Mayor �i •r ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: r Clerk TOWN OF AVON By: Mayor P. 0. Box 975 Avon, CO 81620 TOWN OF EAGLE By: Mayor P. 0. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: Mayor P. 0. Box 237 Gypsum, CO 81637 5 ATTEST: TOWN OF MINTURN By: Q� �.� D By: 616rk P. O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF By: By: Clerk Mayor P. O. Box 109 Red Cliff, CO 81649 ATTEST: TOWN OF VAIL By: By: Clerk Mayor 75 S. Frontage Road West Vail, CO 81658 6 ATTEST: By: Clerk ATTEST: By: Lz7c' L^i r-\ Clerk ATTEST: By: Clerk TOWN OF MINTURN By: Mayor P. 0. Box 309 Minturn, CO 81645 TOWN OF RED CLIFF By: A"'Or'� `- Mayor P. 0. Box 109 Red Cliff, CO 81649 TOWN OF VAIL By: 75 S. Frontage Road West Vail, CO 81658 6 Mayor ATTEST: By: Clerk ATTEST: By: Clerk TOWN OF MINTURN By: P. O. Box 309 Minturn, CO 81645 TOWN OF RED CLIFF By: P. O. Box 109 Red Cliff, CO 81649 ATTEST: TOWN OF VAIL Mayor Mayor By: By: Clerk -Mayer.---, 75 S. Frontage Road West Vail, CO 81658 6 ATTEST: EAGLE COUNTY AMBULANCE DISTRICT, successor to Eagle County Emergency Services Hospital District By Lc;-fial, %l� avj Chapman P. 0. Box 990 Edwards, CO 81632 ATTEST: GREATER EAGLE FIRE PROTECTION DISTRICT By: By: P. 0. Box 666 Eagle, CO 81631 Chairman ATTEST: GYPSUM FIRE PROTECTION DISTRICT By: By: Chairman P. 0. Box 243 Gypsum, CO 81637 7 ATTEST: By: ATTEST: ATTEST: By: EAGLE COUNTY AMBULANCE DISTRICT, successor to Eagle County Emergency Services Hospital District By: Chairman P. 0. Box 990 Edwards, CO 81632 GREATER EAGLE FIRE PROTECTION DISTRICT v By: Qu�� 17� hairman P. 0. Box 666 Eagle, CO 81631 GYPSUM FIRE PROTECTION DISTRICT By: P. 0. Box 243 Gypsum, CO 81637 7 Chairman ATTEST: By: ATTEST: By: ATTEST: EAGLE COUNTY AMBULANCE DISTRICT, successor to Eagle County Emergency Services Hospital District By: Chairman P. 0. Box 990 Edwards, CO 81632 GREATER EAGLE FIRE PROTECTION DISTRICT By: Chairman P. 0. Box 666 Eagle, CO 81631 GYPSUM FIRE PROTECTION DISTRICT By : M . \Ao-<,c� Chai an P. 0. Box 243 Gypsum, CO 81637 7 ATTEST: By: c\amen3.911 WESTERN EAGLE COUNTY AMBULANCE DISTRICT P. 0. Box 1077 Eagle, CO 81631 0 C05-a59-/o Attachment E SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" TELEPHONE SERVICE THIS Second Amendment to the Intergovernmental Agreement Concerning the Implementation of E911 Telephone Service ("Second Amendment") is made and entered into this day of 2005 by and between the following parties ("Parties"): 1) Board of County Commissioners, County of Eagle, State of Colorado; 2) The Town of Vail, a municipal corporation; 3) The Town of Avon, a municipal corporation; 4) The Town of Eagle, a municipal corporation; 5) The Town of Gypsum, a municipal corporation; 6) The Town of Mintum, a municipal corporation; 7) The Town of Red Cliff, a municipal corporation; 8) The Greater Eagle Fire Protection District, a quasi -municipal corporation; 9) The Gypsum Fire Protection District, a quasi -municipal corporation; 10) Western Eagle County Ambulance District, a quasi -municipal corporation; 11) Eagle County Health Service District, a quasi -municipal corporation Ma The Eagle County Emergency Services Hospital District and the Eagle County Ambulance Service; WHEREAS, the Parties entered into an Intergovernmental Agreement Concerning the Implementation of an E911 Telephone Service on January 14, 1991 ("Original IGA") to establish the Emergency Telephone Service Authority. WHEREAS, the Emergency Telephone Service Authority ("Authority Board") is a five (5) member board appointed by the Board of County Commissioners and charged with the oversight and funding of Eagle County's 911 system. WHEREAS, the original IGA contained a provision requiring that two (2) members of the Authority Board be appointed from west of Wolcott, two (2) members be appointed from east of Wolcott and one (1) member be appointed at -large. WHEREAS, the Authority Board desires more at -large appointments to create a broader applicant pool for future open Director positions and to ensure qualified membership on its current Board. Exhibit A3 WHEREAS, the Original IGA contained a provision limiting the collection of an emergency telephone charge to an amount not to exceed seventy cents ($30) per month despite the statutory authorization of a higher amount pending Public Utilities Commission approval as set forth in C.R.S. §29-11-102(2)(b). WHEREAS, the Authority Board desires that the Original IGA be amended to include the same statutorily authorized collection amounts as set forth in C.R.S. §29-11-102. WHEREAS, the Parties desire to amend the Original IGA to include the changes set forth below. In consideration of the mutual covenants set forth in the Original IGA and the additional covenants set forth hereunder, the sufficiency of which is hereby acknowledged, the Parties agree that this Second Amendment shall replace and supersede those sections of the Original IGA as stated hereunder. ARTICLE 3.1, EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD, shall be deleted in its entirety and replaced with the following: "ARTICLE 3.1— EMERGENCY TELEPHONE SER VICE A UTHORITY BOARD The Board of Directors of the Authority ("Authority Board") shall consist of five (5) members who shall be appointed by, and serve at the pleasure of, the Board of County Commissioners. One member shall be appointed from east of Wolcott, one member from west of Wolcott, and three members shall be appointed at -large." ARTICLE 5.3, POWERS OF THE AUTHORITY, shall be deleted in its entirety and replaced with the following: "ARTICLE 5.3 — POWERS OF THE A UTHORITY Collect an emergency telephone charge in those portions of the service area for which emergency telephone service is to be provided as statutorily authorized by C.R.S. §29-11-102 or other future applicable statutory provision." The Parties agree that, except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original IGA shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this Second Amendment and the Original IGA, the provisions of this Second Amendment shall control. IN WITNESS WHEREOF, the parties have executed this Second Amendment effective on the day and year first above written. ATTEST: COUNTY O AGLE, STATE OF COLORADO and T ugh 'ts Board of County Commissioners By: e v y� r Teak J. Sirfionton C'OLORP- Am enconi, Chairman Clerk to the Board of P.O. Box 850 County Commissioners Eagle, CO 81631 ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: Clerk TOWN OF VAIL By: Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF AVON By: Mayor P.O. Box 975 Avon, CO 81620 TOWN OF EAGLE By: Mayor P.O. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: Mayor P.O. Box 237 Gypsum, CO 81637 3 AUG-29-2005 MON 01:29 PM VAIL PC 'E DEPT FAX N0, 97047 16 P. 02 ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners By: By: Teak J. Simonton Ara Menconi, Chairman Clerk to the Board of P.O. Box 850 County Commissioners Eagle, CO 91631 ATTEST: TOWN OF V By: By: Clerk May r 75 South Frontage Road Vail, CO 81657 ATTEST: TOWN OFAVON By: By: Clerk Mayor P.O. Box 97S Avon, CO 81620 ATTEST: TOWN OF EAGLE By: By Clerk Mayor P.O. Box 609 Eagle, CO 81631 ATTEST: TOWN OF GYPSUM By: By: Clerk Mayor P.O. Box 237 Gypsum, CO 81637 3 ATTEST: By: Teak J. Simonton Clerk to the Board of County Commissioners ATTEST: By: Clerk OF�yy A' By; �D64 ATTEST: By: Clerk ATTEST: By: Clerk COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners Am Menconi, Chairman P.O. Box 850 Eagle, CO 81631 TOWN OF VAIL By: Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF AVON By: 424 (� May P.O. Box 975 Avon, CO 81620 TOWN OF EAGLE By: Mayor P.O. Box 609 Eagle, CO 81631 TOWN OF GYPSUM By: Mayor P.O. Box 237 Gypsum, CO 81637 K I ATTEST: By: Teak J. Simonton Clerk to the Board of County Commissioners ATTEST: By: Clerk ATTEST: By: Clerk COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners Am Menconi, Chairman P.O. Box 850 Eagle, CO 81631 TOWN OF VAIL By: Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF AVON P.O. Box 975 Avon, CO 81620 Mayor ATTEST: TO EAGLE By: ""?o Clerk Mayor Uox, 609 ATTEST: By: Clerk Eagle, CO 81631 TOWN OF GYPSUM By: P.O. Box 237 Gypsum, CO 81637 Mayor 3 ATTEST: By: Teak J. Simonton Clerk to the Board of County Commissioners ATTEST: By: Clerk ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners Un Am Menconi, Chairman P.O. Box 850 Eagle, CO 81631 TOWN OF VAIL By: Mayor 75 South Frontage Road Vail, CO 81657 TOWN OF "ON By: Clerk Mayor P.O. Box 975 Avon, CO 81620 ATTEST: TOWN OF EAGLE By: By: Clerk Mayor P.O. Box 609 Eagle, CO 81631 ATTEST: TOWN OF S By: zharlCIA F &4jA.I B Gh 'k ssis-% 1' Mayor "N P.O. Box 237 '•. Gypsum, CO 81637 3 ATTEST: TOWN OF MINTURN By: By: 0-ajU& Clerk ayor ,io % p , P.O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF By: By: Clerk Mayor P.O. Box 40 Red Cliff, CO 81649 ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: By: ATTEST: By: P.O. Box 666 Eagle, CO 81631 THE GYPSUM FIRE PROTECTION DISTRICT By: P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: By: Chairman P.O. Box 1077 Eagle, CO 81631 4 ATTEST: By: TOWN OF MINTURN By: Clerk Mayor P.O. Box 309 Minturn, CO 81645 ATTEST. TOWN OF RED CLIFF +1 1 Clerk Mayor P.O. Box 40 Red Cliff, CO 81649 ATTEST: By: THE GREATER EAGLE FIRE PROTECTION DISTRICT By: P.O. Box 666 Eagle, CO 81631 ATTEST: THE GYPSUM FIRE PROTECTION DISTRICT By: By: P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: By: Chairman P.O. Box 1077 Eagle, CO 81631 4 ATTEST: By:______— ---- Clerk ATTEST: By: Clerk ATTEST: By:� ATTEST: By: ATTEST: By: ___ TOWN OF MINTURN By: Mayor P.O. Box 309 Minturn, CO 81645 TOWN OF RED CLIFF By: Mayor P.O. Box 40 Red Cliff, CO 81649 THE GREATER EAGLE FIRE PROTECTION DISTRICT By. �� � Chairman P.O. Box 666 Eagle, CO 81631 THE GYPSUM FIRE PROTECTION DISTRICT By: Chairman P.O. Box 243 Gypsum, CO 81637 WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: Chairman P.O. Box 1809 Eagle, CO 81631 4 ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: TOWN OF MINTURN By: Mayor P.O. Box 309 Minturn, CO 81645 TOWN OF RED CLIFF By: Mayor P.O. Box 40 Red Cliff, CO 81649 THE GREATER EAGLE FIRE PROTECTION DISTRICT By: Chairman ATTEST: THE G B yam— By: ATTEST: By: P.O. Box 666 Eagle, CO 81631 DISTRICT P.O. Bokt243 .� Gypsum, CO 81637 WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: Chairman P.O. Box 1077 Eagle, CO 81631 4 ATTEST: TOWNI OF MINTURN By: - -- - - -- - By:- - - Clerk Mayor P.O. Box 309 Minturn, CO 81645 ATTEST: TOWN OF RED CLIFF By: By: Clerk Mayor P.O. Box 40 Red Cliff, CO 81649 ATTEST: THE GREATER EAGLE FIRE PROTECTION DISTRICT By:_ By: ATTEST: By: P.O. Box 666 Eagle, CO 81631 THE GYPSUM FIRE PROTECTION DISTRICT By: Chainnan P.O. Box 243 Gypsum, CO 81637 ATTEST: WESTERN COUNT'' AMBULANCE DISTRICT By: B Chairman P.O. Box 1809 Eagle, CO 81631 c ATTEST: By: Clerk ATTEST: By: Clerk ATTEST: By: ATTEST: By: ATTEST: By: ATTES By TOWN OF MINTURN By: Mayor P.O. Box 309 Minturn, CO 81645 TOWN OF RED CLIFF By: Mayor P.O. Box 40 Red Cliff, CO 81649 THE GREATER EAGLE FIRE PROTECTION DISTRICT By: Chairman P.O. Box 666 Eagle, CO 81631 THE GYPSUM FIRE PROTECTION DISTRICT By: Chairman P.O. Box 243 Gypsum, CO 81637 WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: P.O. Box 1077 Eagle, CO 81631 EAGLE COUNTY HEALTH SERVICE DISTRICT By: Chairman P.O. Box 990 Edwards, CO 81632 4 TO: Honorable Mayor Underwood and Council members A FROM: Gary Padilla, Operations Manager Avon RE: Wildland Fire Mitigation IGA DATE: August 12, 2025 c 0 L 0 H A [J 0 SUMMARY: The 2025 Wildland Fire Mitigation IGA is presented for Council consideration. The Town of Avon has partnered with the Eagle River Fire Protection District to conduct wildland fire mitigation for the Wildridge, Wildwood and Mountain Star neighborhood for several years. The Eagle River Fire Protection District is able to leverage the Town's contribution to secure additional grant funding and thereby accomplish even more wildfire mitigation than the Town of Avon's contribution would support. The Mayor is asked to sign the attached Intergovernmental Agreement ("IGA") between the Town of Avon and Eagle River Fire Protection District for providing Wildland Fire Mitigation. The IGA will provide $80,000 in funding for wildland fire mitigation, which is the same contribution as in 2024. BACKGROUND: The Town of Avon and Eagle River Fire Protection District worked collectively to design and implement fuel breaks for our Wildridge Residents to reduce the risk of catastrophic wildfires. In collaboration with ERFPD, the following fire mitigation efforts have been implemented: • 2020 o 36 large piles of debris from 2019 were burnt. • 2022 o Fuel breaks were placed in Buck Creek, June Creek drainage and Beaver Creek Point o The Town of Avon paid $40,000 and the ERFPD paid $12,500 using Eagle Valley Wildland funds, in addition, Town of Avon contributed an additional $20,000 which paid for staff time in Wildridge, and operational costs accrued to burn piles. o For these efforts ERFPD successfully gained approval from the National Fire Protection Association for Wildridge to become a FireWise Community • 2023 Funding o The Town of Avon contributed $80,000 to the Wildland Fire Program o Wildland Fire program received a grant for $243,500 from the Colorado State Forest Service. The grant monies have been utilized to cover the following hillside areas: ■ Cordillera Valley Club to Mountain Star on the North side of 1-70 o Other contributions were made by Berry Creek Metro, Eagle County, and federal partners in total amount of $100,750. o The work completed was focused on protecting the Metcalf evacuation route. o A vegetation study on the West Avon Preserve was funded by ERFPD and EVW to better understand the Mountain Penstemon and the treatment effects which cost $6000. o The Town of Avon contributed $80,000 for mitigation efforts, this contribution will also assist in getting funding from the United States Forest Service (USFS). 2023-2024 o Eagle Valley Wildland burned over 200 piles in Unit 6.5 o Priority plans to burn in units 3,5 and 6 this fall. From 2020 to 2025, the Operations team has picked up approximately 291 yards of branches and tree stumps from residents of Wildridge and Wildwood. The Town of Avon will work closely with ERFPD with the monthly chipping operations to help promote and create awareness from a general marketing perspective and a sustainability standpoint. 970-748-4118 gpadilla@avon.org PROPOSED MOTION: "I move to approve the Intergovernmental Agreement between Eagle River Fire Protection District and the Town of Avon" Thank you, Gary ATTACHMENT A: August 12 Memo from Hugh Fairfield -Smith, Eagle Valley Wildland Division Chief (FMO) regarding 2025 Financial Contribution to Wildland Program for Mitigation and Operations ATTACHMENT B: Intergovernmental Agreement 970-748-4118 gpadilla@avon.org ATTACHMENT A "PROTICTIOS � Eagle River Fire Protection District MEMORANDUM August 12, 2025 To: Town of Avon Town Council From: Hugh Fairfield -Smith, Eagle Valley Wildland Division Chief (FMO) Through: Eric Heil, Town Manager Re: 2025 Financial Contribution to Wildland Program for Mitigation and Operations Dear Avon Town Council Members, I am writing to update you on the 2025 financial contribution to our Wildland Program, which is instrumental in advancing wildfire mitigation and operational efforts throughout the region. Over the past three years, we have effectively treated just over 250 acres, largely benefiting the Wildridge community, thanks to the support and contributions from the Town of Avon (TOA) along with leveraged grant funding. This collaboration has been critical in enhancing our community's resilience against wildfire threats. For 2025, we are pleased to announce that we have been awarded a CAFA grant totaling $236,000.00. This grant is structured on a 50150 basis, consistent with other grants in the area, and will be used over the next two years to treat critical fire pathways identified in the West Avon Preserve. The 2025 contribution will also play a crucial role in funding the Harrington's Penstemon flower study —the first of its kind —in collaboration with the Eagle Valley Land Trust. Additionally, the funding will support mitigation efforts on federal land west of Wildridge, the 2025 Chipping Program, pile burning operations, and necessary staff time. We intend to award the operational work to Specialized Land Management through a competitive RFP process. Specialized Land Management, being a local branch of Old Growth Tree Service, brings expertise and a commitment to sustainable practices. As in previous years, ERFPD will manage all contracting processes. The mitigation work on TOA lands will focus particularly on the areas identified within the orange and yellow polygons, maximizing the strategic impact of our efforts. Thank you for your ongoing support and collaboration. We are confident that with the continued partnership with TOA, we will advance our mission of protecting the community and enhancing ecological resilience. Post Office Box 2942 • 1050 Edwards Access Road • Edwards, Colorado 81632-2942 Phone: 970-748-9665 • Fax: 970-949-7965 Warm regards, Hugh Fairfield -Smith Division Chief, Wildland Fire Operations Eagle River Fire Protection District Post Office Box 2942 • 1050 Edwards Access Road • Edwards, Colorado 81632-2942 Phone: 970-748-9665 • Fax: 970-949-7965 ATTACHMENT B Intergovernmental Agreement Between Eagle River Fire Protection District and The Town of Avon THIS AGREEMENT is made and entered into this day of , 2025, by and between the Eagle River Fire Protection District ("Fire District") and the Town of Avon ("Avon") (collectively, the "Parties"). Agreement Avon will provide $80,000.00 (the "Avon Contribution") to Eagle River Fire Protection District to support wildland fire mitigation in 2025, as described herein, within and in the areas immediately surrounding Avon's boundaries (the "Avon Area"). Eagle River Fire Protection District, by and through Eagle Valley Wildland' shall use the Avon Contribution only for the direct costs to support wildfire mitigation efforts in the Avon Area, including salary costs for ERFPD and EVW staff. Eagle Valley Wildland will take on all contractual needs, management, and oversight of the projects performed in the Avon Area during the 2025 calendar year. Eagle Valley Wildland will coordinate with Avon on all project locations, timing, and scope. Eagle Valley Wildland will identify a designated staff contact and provide such information to Avon no later than September 30, 2025. On a yearly basis, and at Avon's town council meeting, Eagle Valley Wildland will provide Avon with financial reports and a financial report summary together with a description of the expenditures and uses to date of the Avon Contribution, including a description of ongoing and completed projects. Avon will pay the Avon Contribution to Eagle River Fire Protection District on or before August 1, 2025. Eagle River Fire Protection, the fiscal agent for the Eagle Valley Wildland program, will handle all the invoice needs for the ongoing and completed projects. Eagle River Fire Protection District will deliver the Avon Contribution (or any portion thereof) to Eagle Valley Wildland for expenditure as described herein. If, as of December 31, 2025, any portion of the Avon Contribution has not been expended, the balance shall be returned to Avon will a final accounting therefore no later than January 31, 2026. The parties do not intend hereby to create a multiple -fiscal year direct or indirect debt or other financial obligation whatsoever. The performance of those obligations of Avon and the Fire District hereunder requiring budgeting and appropriation of funds are subject to annual budgeting and appropriations. Nothing in this Agreement or in any actions taken by the Parties pursuant to this Agreement shall be deemed a waiver of either parry's sovereign immunity under the Colorado Governmental 'Eagle Valley Wildland is a combined effort for wildland support and mitigation between Eagle County, Gypsum Fire Protection District, Greater Eagle Fire Protection District, & Eagle River Fire Protection District. Immunity Act, Sections 24-10-101, et seq., C.R.S., as amended from time to time. The Parties enter into this Agreement as separate, independent governmental entities and shall maintain such status throughout the term of this Agreement. This Agreement is intended to benefit onlythe parties hereto, and no other person or entity is intended by the parties to be a third -party beneficiary of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first written above. Eagle River Fire Protection District The Town of Avon By: By: Printed Name: Printed Name: Signature: Signature: Title: Title: Date: Date: -7o COALITION setting the pace for the future Town of Avon Council August 26, 2025 About Us • Non-profit, membership organization • Formed in 2004 in response to PEIS process • Mission: Enhance mobility &accessibility • Advocate for improvements 1-70 COALITION setting the pace for fhe future • Maintains state and federal attention on corridor • Direct involvement in studies, plans &stakeholder process Current Members COUNTIES • Clear Creek County • Eagle County • Summit County MUNICIPALITIES • City of Aspen • City of Central • City of Idaho Springs • City of Golden • City of Glenwood Springs • Town of Avon • Town of Breckenridge • Town of Dillon • Town of Eagle • Town of Empire • Town of Fraser • Town of Frisco • Town of Georgetown • Town of Grand Lake • Town of Minturn • Town of Silver Plume • Town of Silverthorne • Town of Vail • Town of Winter Park PRIVATE SECTOR • Arapahoe Basin Ski Area • Climax Molybdenum Company • Copper Mountain Resort • Vail Resorts • Winter Park Resort 1-70 COALITION setting the pace for fhe future 1-70 The Problem: COALITION setting the poce for the future • Highway capacity largely unchanged since 1979 • Colorado forecasted to grow by 3 million people by 2050 • Travel times estimated to triple by 2035 from Year 2000 volumes* • Interest in outdoor recreation increasing • 21% increase in volumes from 2020 to 2025 1-70 Record of Decision 1-70 COALITION setting the poce for the future Based on consensus of 27 diverse local governments, environmental groups, nonprofit and private -sector interests throughout the corridor (the Collaborative Effort), FHWA and CDOT issued the 1-70 ROD in 2011. The plan is an innovative, multimodal solution that calls for 1. Specific highway improvements 2. High-speed transit 3. Non -Infrastructure improvements All three are needed to meet the long-term needs of this critical corridor 1. Highway Improvements Current Proiects • Floyd Hill • Vail Pass • Shoulder Express Lanes 1-70 COALITION setting the pace for the future Funding: -SB 17-267, SB 21-260 & Federal Infrastructure Bill have helped -Intermountain TPR regional planning program -Larger, regionally -significant projects require advocacy, state, & federal support • Eisenhower Johnson Memorial Tunnel • Glenwood Canyon/Cottonwood Pass 2. High Speed Transit 1-70 COALITION setting the pace for the future Explore Feasibility of Advanced Guideway System (AGS) C470 to Eagle Airport 2014 CDOT AGS Study -Technically feasible -Not financially feasible at this time Watching Front Range Passenger Rail District -Front Range system needed to support mountain system -Advisory board seat 1-70 COALITION setting the pace for the future 3. Non -Infrastructure Improvements Robust TDM Program Goal: Reduce Congestion/Improve Mobility • Shift Travel Demand • Support & Promote Carpooling • Support & Promote Transit Audience: Front Range Visitor (primary) Out -of -State Visitor & Corridor Residents (secondary) 4. Legislative 1-70 COALITION setting the pace for the future The Coalition has supported legislation in recent years to reduce accidents Chain/Traction Laws • Numerous legislation has been proposed (and passed) over the last decade "Pain points" • Floyd Hill • Eisenhower/Johnson Tunnels • Vail Pass • Dowd Junction • Glenwood Canyon I70 In V TRAVEL FORECAST 1-70 NEWS MOUNTAIN TRANSIT RIDESHARE & PARKING DEALS REAL-TIME ROAD INFO Q TRAVELFORECAST iWY 1-70 traffic is quite predictable unless affected by weather or accidents. Plan to avoid peak travel times, and enjoy a delay -free trip along 1-70. Our weekend travel forecast is updated every Thursday afternoon. °A 9 Read More f 1 ry`I a ® X fl wa� 4�57 PM 7/9l2019 In v C<)(170) TRAVEL FORECAST 1-70 NEWS MOEINT&IH TRANSIT RIDESHARE & PARKING DEALS REAL-TIME ROAD INFO 1pf W et' er -� _ ARE. & I mtto Yr s e-nt, there's no reason n= L Q : Read t41Dfe ma 4 - i= F + ' ✓1 � �}� 12;43 PM 7/10/2019 Ii V TRAVEL FORECAST 1-71) NEWS MOUNTAIN TRANSIT RIDE HARE & PARKING DEALS REAL-TIME ROAD INFO C MOUNTAINTRANSIT OPTIONS Leave the mountain driving to someone else! Spend the trip reading,napping or visiting with friends. . - W. U. Read Mare „ + 5 x Yqk� it"} .� obi x w� P�. d, 01r5 0 • 7 • • i Overview Aims to increase transit ridership between the Front Range and the mountains through increased awareness of transit options. z / a L---7 r_— 'for AV R - M 4w /11 I_---7 r_- i 7-� , I U-9T611519L ZI&jL=7f-- OUTRIDER ,14j# -- - " - Local and Regional Transit Services • Provides free ride service for all of Summit County • Provides free ride service for Breckenridge COR�kansit--, • Services Eagle County • Provides free ride service for the Town of Vail • Provides free ride serving Bergen Park, Idaho Springs, Dumont, Lawson, Empire, Georgetown and Silver Plume • Provides ride service for Aspen/Pitkin County, Glenwood Springs and Garfield County : ON Ow ti 1 14 awl O - 4 y ■ 'dui T �-�', L�■. r t APw - 1 _ cV4! asy High CodmtWAA�rie. rmA �.�`�. .._ �X�'f. •� � .�' 'tom �'..�" l'^ (. � �yti �`• � —�.lY .. r .� •�S y 1 ;^'•lam '_ S► , ^• s�__w .t t~�i. E „yx'. �• .�.; -•1:a .'�-'�iiZ_ .'fit �.!� �. ^ -Y�{�' ..;�1-:ar.�' �j ' 7 TREETOP ILD fill O � A'�JADVOCACY •CENTER •�i�� r � tiW Child Advocacy Center of the 5th judicial District ..ramr jri.,Z 7 �• `Q1 T5-"��' �4v r� '~ �yWr wtK. � yy�,� .'itiV� - 4' rf�s � j "I :- � ''�, R �lii' a� M.•.. Y 1, �, Y•� n y OUR MISSION + VISION 0 Supporting Child and Community yr th � VALUES + HISTORY O T-R-E-E + CAC and Our Team y poll V) CHILD ADVOCACY CENTER MODEL Research -supported approach TT STATISTICS + FINANCIALS 2024-2026 Projections STRATEGIC GOALS + E To MORE Looking Ahead + VOCA aq Funding d `�� We serve children of Clear Creek, Eagle, Lake, and Summit Counties. OUR VISION A community where all children and families feel supported, safe and empowered to pursue justice after experiencing abuse. OUR MISSION Our mission is to support child victims of abuse and their families through intervention, advocacy and support services. VALUES: Trust, Respect, Equity, + Education _E T rfit is A O i 1985 District Attorney Bud Kramer heard of a child victim who had to tell their story six to different agencies. To create a system that better serves abused children, he created the first Child Advocacy Center in Huntsville, AL. A 2018 TreeTop Child Advocacy Center (CAC) was established in 2018 as the only non-profit organization that forensically interviews child victims of violence in the 5th Judicial District in Colorado. 2024 Child Advocacy Centers operate in the US and in more than 34 countries around the world. TreeTop coordinates the response of agencies like law enforcement, child protective services, prosecutors' offices, advocates, mental health and medical professionals to ensure that when a child discloses abuse, they are not re -victimized by the very systems designed to protect them. •... ,�, Mw br , ALF -ft 10!0- Amy Oliveira Executive Director - M:970-409-2111 amy@treetopcenter.org Or FYI Becca Largent U � Mariana Wenzel Operations Manager + Family Bilingual Family Victim _ Victim Advocate Advocate M: 970-409-2111 M: 970-409-2111 becca@treetopcenter.org mariana@treetopcenter.org 0 z H by E �r ""vo c,%O MULTI DISCIPLINARY TEAM Advocates District 0 Attorney Wal SANE Mental Health The Child Advocacy Center Model is a research -supported approach that draws on the following three components: i. Forensic Interviews: Recorded conversations between a trained interviewer and the child that are child -centered. t. Multidisciplinary Teams: Collaboration of professionals who combine their efforts to benefit the investigation and the families. Victim Advocacy: Providing assistance to families through trauma -informed support and resources. 53 CHILDREN VICTIMS AND 87 SECONDARY VICTIMS WERE HELPED TreeTop Statistics from 2024 IMPACTED COUNTIES IN 2024 uu 36% SUMMIT O04060u00000 34% %E+xe -O 0000000000 9% EAGLE O0000000000 21% OTHER TYPES OF ABUSE (%) IN 2024 53 CHILDREN VICTIMS SERVED 60 40 20 0 WITNESS OF NEGLECT PHYSICAL ABUSE + SEXUAL ASSAULT VIOLENCE OTHER RACE IN PROGRAM HITE 5% RACE EXPANDED (%) IN 2024 RACE IN PROGRAM WHITE 35 % NON -WHITE 65% Other m ixed 11.3% 11.3°/a Black 5.7% 5.7% W h ite 35.8% 45.3% Hispanic AGE + GENDER STATISTV'S AGE INPROGRAM 53 CHILDREN VICTIMS m 61 % 10 FEMALE Ic GENDER IN PROGRAM Ages 0-6 Ages 7-12 Ages 13-18 TYPES OF OFFENDERS 53 CHILDREN VICTIMS SERVED Family Members Friend/Teacher, Acquaintance Other/Unknown 0 10 20 30 40 As of Jan 1st, 2025 through today, we have completed 18 forensic interviews with families located in Eagle County. 46 total interviews provided for the 5th Judicial District since Jan 1, 2025. 24 total interviews for sexual assault. 16 total interviews for witness to a crime. 6 total interviews for physical abuse. 5 mobile interviews to support families in Eagle County. Two interviews have been held at Bright future Foundation, the other three interviews were held at the police department per family request. Enhance Community Awareness ;ET I _ °STRATEGIC PLAN TREETOP CHILD ADVOCACY CENTER GOVERNANCE FINANCIAL STABILITY Strengthen community partner relationships and the MDT. Qhtain fi-nancial stability and sustainability. Review and revise all internal policies and procedures to ensure the organization has all necessary documents and that documents are updated regularly with best and current practices. OPERATIONAL EFFICIENCIES Increase access to medical expertise for CAC clients to ensure they are offered wraparound paths to healing. Improve the advocacy program in-house at 'l'ree'l`op so that it is consistent across all advocates and effective for all clients. COMMUNITY PARTNERSHIPS Work towards creating an in-house prevention program that is implemented in the schools. At TreeTop Advocacy, every child's journey to healing is unique, but one thing remains constant —comprehensive, compassionate care is critical. On average, it costs $5,000 to provide a child and their family with the full range of services needed to navigate crisis and begin healing. The Cost of Care: $5,000 Per Child Each child's healing journey includes: • A forensic interview in a child -friendly setting • Advocacy & crisis support for the entire family • Access to trauma -informed mental health care • Coordination with law enforcement & child welfare • Bilingual services & medical care access • Long-term follow-up for continued support Your donation makes healing possible. ?* Milestones of 2024 • Child Advocacy & Support o Every family received personalized support — legal, financial, & mental health resources. o Ongoing advocacy ensured no family navigated recovery alone. o New Bilingual Case Manager expanded services for Hispanic families. • Community Collaboration o Expanded partnerships with schools, MDTs, & organizations like Smart Bellies. o Enhanced access to food security, education, & community resources. o Strengthened outreach across the 5th Judicial District. • Behavioral Health Partnerships o Key partnerships provided critical therapy & counseling referrals. o Targeted trauma support helped families heal & rebuild trust. o Increased early intervention & child -focused therapy options. • Forensic Interviews 0 53 children received trauma -informed forensic interviews. o Minimized re -traumatization by reducing repeated storytelling. o Stronger agency collaboration improved investigative processes. ALEXANDRA STORM FOUNDATION" JC3MNI REAL ESTATE SUMMIT COUNTY (" C7 I G) R A n (% TOWN OF BRECKENRIDGE A �wm A Summit PINNACLE Foundation 43"04:)4 E P I C A Avon C O L O R A D 0 SILVERTHORNE COLORADO Town of KEYSTONE Colorado 0 TOWN OF VAIL � to EAGLE COUNTY Rotary Club of Summit County �'► 'i 'f 1 aJ rC qo OF C01040 THE CHARITABLE FOUNDATION OF Slifer Smith & Frampton SUMMIT COUNTY • Prevention is Key We believe that every child deserves safe and nurturing environment. Together, we can prevent child abuse and neglect by staying informed, beir vigilant, and supporting one another. Remember, it takes a community to protect a child. n . d �DU0CAC� Avon ,& LICE TO: Honorable Mayor Underwood and Avon Town Council Members FROM: Greg Daly, Chief of Police RE: First Reading of Ordinance 25-15, Authorizing the Use of an Automated Vehicle Identification System (AVIS) for Speed Enforcement in Avon DATE: August 26, 2025 SUMMARY: This memo outlines Ordinance 25-15 (Attachment A), which proposes the use of Automated Vehicle Identification Systems (AVIS)—commonly known as speed safety cameras —to address persistent speeding issues in Avon. The goal is to enhance traffic safety, reduce collisions (particularly involving pedestrians), and modernize our enforcement approach through technology. In 2023, the Colorado General Assembly passed Colorado Revised Statute ("C.R.S") 42-4-110.5, permitting the use of AVIS in high -risk areas, including: • Schoolzones • Residential neighborhoods • Construction zones • Areas near parks • Other local corridors supported by speed and crash data To utilize this technology, the Avon Town Council ("Council') must pass an ordinance authorizing its use and defining designated Automated Vehicle Identification ("AVI") enforcement corridors. While school, construction, and residential zones are pre -authorized, additional AVI corridors require supporting data, proper signage, and permit approval for each individual camera. This memo provides an overview of Ordinance 25-15 drafted to address concerns over speeding within the Town Limits of Avon and adding an innovative way to slow drivers down, reduce both motor vehicle collisions and vehicle versus pedestrian crashes. The attached PowerPoint Presentation from the Colorado Department of Transportation ("CDOT") (Attachment B) provides further clarification of C.R.S 42-4-110.5. BACKGROUND: Speeding is a leading contributor to vehicle crashes in Avon. As traffic volumes increase due to growth and development, proactive, technology -driven enforcement becomes vital. AVIS provides 24/7 coverage in areas where officer availability/ deployment is limited. Other municipalities —such as Aurora, Boulder, Denver, Longmont, and Fort Collins —have successfully adopted AVIS. Nearby jurisdictions, Vail and Glenwood Springs are now in the process of implementation using Dacra Tech, LLC, a vendor with a proven model for effective, equitable enforcement. Dacra Tech LLC., is one of few vendors that utilize Light Detection and Ranging ("LIDAR") technology and their cameras take 16 screen shots per minute of the violator vehicle. The attached PowerPoint presentation (970) 748-4040 gdaly@avon.org from Dacra Tech LLC and Traffic Logix (ATTACHMENT C) provides additional details on this process. AVIS aligns with the State's emphasis on uniformity, as outlined in C.R.S. 42-4-110.5, and adheres to nationally recognized best practices from the Federal Highway Administration ("FHWA"). (https://highways.dot.gov/safety/proven-safety-countermeasures) C.R.S. 42-4-110.5 identifies automated vehicle identification systems (AVIS) as a statewide concern and an area where uniform state standards are necessary. Definitions: • AVIS is a Colorado legal term for automated speed photo enforcement that also is synonymous with Speed Safety Cameras as used by the Federal Highway Administration (FHWA). • An AVIS is, as defined by C.R.S. 42-4-110.5, an automated vehicle identification (AVI) system; a machine used to automatically detect a violation of traffic regulations and simultaneously record a photograph of the vehicle and the license plate of the vehicle. • An AVIS is a temporary, mobile, or permanent system used to detect speeding violations within a highway maintenance, repair, construction zone, school zone, next to a park, or within an AVI Corridor. • An AVI Corridor is a designated street or portion of a street that a county or municipality, by ordinance or by a resolution of its governing body, defines as an AVI Corridor on which an AVI system may be located to detect violations of a county or municipal traffic regulation or a traffic violation under state law, specifically for speed violations. Local agencies shall coordinate with CDOT to implement automated speed enforcement as designated by local agency ordinance per the current Model Traffic Code for all areas along state and US highways. Eligible areas for automated speed enforcement include: • School zones; • maintenance, repair or, work zones; • by municipal parks; or • within AVI corridors. AVI Corridors must be approved by CDOT and Colorado State Patrol (CSP) per CRS 42-4-110.5. AUTOMATED VEHICLE IDENTIFICATION SYSTEM: Implementing AVIS will provide the following advantages: • Consistent and impartial speed limit enforcement Reduced demands on officer time for manual enforcement Timely issuance of warnings and citations Data -driven insights to inform future traffic safety improvements Revenue reinvestment in public safety and traffic calming infrastructure Page 2 of 5 Based on Dacra Tech's 6-day speed study (Attachment D), Avon PD crash data, and community concerns, the following sites are recommended as Automated Vehicle Identification enforcement corridors: 1. Avon Rd. between roundabout 4 and roundabout 5, particularly addressing the pedestrians' crossings at E. Hurd Ln. and Riverfront Ln. (High pedestrian crosswalk use and history of vehicle -pedestrian collisions) 2. US Highway 6 within Avon Town Limits, between Frontgate and Riveroaks (Fatal collision location and frequent pedestrian crossings) 3. W. Beaver Creek Blvd. 300 Black to 800 Block, adjacent to Harry A. Nottingham Park and near to Avon Elementary/ Westlake Village Apartments (Adjacent to school, park, and dense housing; frequent speed complaints) 4. Nottingham Rd., particularly between 200 and 700 blocks (Heavy vehicle and pedestrian traffic; recurring reports of speeding) Total accident data for the proposed four AVIS corridors (2020-2024) Avon Rd RA4 - RA5 18 11 11 20 14 Hwy 1 2 4 4 2 500-900 W Beaver Creek Blvd 4 6 2 3 9 Nottingham Rd 4 11 10 11 9 Year Total 27 30 27 38 34 Total citation data for the proposed four AVIS corridors (2020-2024) 74 13 24 45 Rd _ 33 25 27 26 56 167 6 11 16 20 14 28 89 )00 W Beaver Creek 15 35 31 22 35 138 igham Rd 31 28 24 19 39 141 Total 90 104 102 81 158 Total warnings data for the proposed four AVIS corridors (2020-2024) Warnings Total Warnings Total Warnings Total Warnings Total Warnings Location Totalotal Avon Rd 175 180 139 149 231 874 Hwy 6 77 72 127 107 75 458 500-900 W Beaver Creek Blvd 187 182 141 151 165 826 Nottingham Rd 123 96 85 149 125 578 Year Total 562 530 492 556 596 Page 3 of 5 LEGAL REQUIREMENTS UNDER C.R.S. 42-4-110.5 • Ordinance Required: Local authorization for AVIS use • Permitted Locations: Schools, parks, residential/construction zones, and designated AVIS corridors • Location of Automated Speed Enforcement Cameras: Final location of one or more cameras is dictated by speed study, Avon PD crash data, community concerns and council direction • Signage: At least 300 ft. in advance of any enforcement location, per Manual on Uniform Traffic Control Devices ("MUTCD") standards • Public Notification: 30-day website notice before launch, followed by 30-day warning -only period • Citation Rules: Mailed within 30 days (in -state) or 60 days (out-of-state). Citation is generated by camera and verified by Artificial Intelligence ("AI") and then verified by human inspection at company. Then an Avon PD employee will human verify the plate details before citation is issued. • Civil penalty only: $40 citation; no points assessed, $28 retained by Avon; $12 to vendor for installation of cameras, maintenance, processing of citations, owner lookup and referral to municipal court if requested by registered owner of violator vehicle • Vendor Terms: Compensation cannot be tied to citation volume • State Highway Coordination: If Avon intends to install AVIS on state highways: notify CDOT and coordinate (signage, right of way permits) • Privacy Protections: Data is confidential, retained only for valid cases, and purged after 3 years • Annual Reporting: Required disclosure of citation and revenue data IMPLEMENTATION CHECKLIST FOR AVON PD & TOWN COUNCIL: Task Requirement 1. Draft and pass AVIS ordinance Define corridors, penalties, data policies 2. Conduct crash/speed data study Identify corridors per requirement 3. Coordinate with CDOT (if state highways) Notifications & permits required 4. Prepare signage (MUTCD-compliant) 300 ft advance warning 5. Public notice & 30-day warning period Websitelletter announcement and warnings 6. Setup AVIS equipment/vendor contract Value -based, non -volume pay structure, Dacra Tech, LLC 7. Administer citations Send notice within 30/60 days 8. Maintain data retention/privacy rules Data purged 3 years after conclusion 9. Publish annual report Citations & revenue disclosure Page 4 of 5 FINANCIAL: • Camera Cost: $2,000/month lease per camera • Offset: If there are 72 paid citations/month at $28 per citation equals $2,016—covers lease cost • Vendor Share: $12 per citation for processing and collecting citation revenue. • Estimated Payment Compliance Rate: 60 to 70% payment rate per Dacra Tech data • "Decay" or compliance rate, estimated at a reduction of 30 to 40% after day 60. The compliance rate is generally better on secondary, local traffic roads versus primary roads where the mixture of traffic is local and visitors. • Depending on the number of citations issued, the Avon Police Department may be required to hire an additional administrative officer to conduct a second human verification of the license plate details. As previously mentioned, Dacra Tech staff complete the first human verification after Al initially confirms the license plate. This additional employee can be directly funded through citation revenue per C.R.S. 42-4-110.5 RECOMMENDATION: I respectfully recommend the Council approve Ordinance 25-15 on First Reading to begin implementation of automated speed enforcement in Avon. TOWN MANAGER COMM MENTS/RECOMMENDATION: PROPOSED MOTION: "I move to approve Ordinance 25-15 Enacting Chapter 10.50, Automated Vehicle Identification System of the Avon Municipal Code Authorizing the Use of Automated Vehicle Identification Systems on First Reading." Thank you, Chief Greg Daly ATTACHMENT A: Ordinance 25-15 ATTACHMENT B: PowerPoint presentation Colorado Department of Transportation ATTACHMENT C: PowerPoint presentation Dacra Tech LLC. and Traffic Logix ATTACHMENT D: Avon CO - Dacra Tech Speed Study ATTACHMENT E: Public Comments Received Page 5 of 5 ATTACHMENT A l+ AUa n cnknanon ORDINANCE 25-15 ENACTING CHAPTER 10.50, "AUTOMATED VEHICLE IDENTIFICATION SYSTEMS" OF THE AVON MUNICIPAL CODE AUTHORIZING THE USE OF AUTOMATED VEHICLE IDENTIFICATION SYSTEMS WHEREAS, the Town of Avon, Colorado ("Town") has been duly organized and validly exists as a Home Rule Town under Article XX, Section 6 of the Colorado Constitution and the Town Charter; and WHEREAS, pursuant to C.R.S. § 42-4-110.5, the Town is authorized to utilize automated vehicle identifications systems ("AVIS") to detect violations of traffic regulations adopted by the Town, subject to certain conditions and limitations; and WHEREAS, the Town of Avon Police Department desires to install AVIS to ensure more robust enforcement of the Town's traffic laws; and WHEREAS, the Avon Town Council finds and determines that the authorization or use of AVIS is necessary for the immediate preservation of public health, welfare, peace, and safety; and WHEREAS, in furtherance of the above -recited compelling interests, the Town Council desires to enact this ordinance, as authorized by C.R.S. § 42-4-110.5, to authorize the use of AVIS within specified Town streets and roads; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to add Chapter 10.50 — Use of Automated Vehicle Identification Systems 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, 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. Adding Chapter 10.50 of the Avon Municipal Code. Chapter 10.50, "Use of Automated Vehicle Identification System" of the Avon Municipal Code is hereby added to read as set forth in Exhibit A: Enacting Chapter 10.50, "Automated Vehicle Identification Systems" of Title 10 , "Vehicles and Traffic" of the Avon Municipal Code, attached hereto. 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 Ord 25-15 —Adding Chapter 10.50, of Title 10 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. 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. Council further determines that the Ordinance bears a rational relation to the proper legislative objective sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Ord 25-15 —Adding Chapter 10.50, of Title 10 Section 8. 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 August 12, 2025 and setting such public hearing for at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on BY: Tamra N. Underwood, Mayor APPROVED AS TO FORM: Nina Williams, Town Attorney Ord 25-15 — Enacting Chapter 10.50, of Title 10 ATTEST: Miguel Jauregui Casanueva, Town Clerk EXHIBIT A ENACTING CHAPTER 10.50, "AUTOMATED VEHICLE IDENTIFICATION SYSTEMS" OF TITLE 10, "VEHICLES AND TRAFFIC" OF THE AVON MUNICIPAL CODE Chapter 10.50 - Automated Vehicle Identification Systems. 10.50.010. — Definitions. (a) As used within this Chapter the following words and terms shall have the following meaning except where otherwise specified: Automated vehicle identification system includes a system to detect traffic violations imposed by traffic signals or traffic signs, and/or a system used to detect violations of a bus lane or bicycle lane restrictions. The term includes a system whereby: (1) A machine is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle and the license plate of the vehicle; and (2) A notice of violation or civil penalty assessment notice may be issued to the registered owner of the motor vehicle. Civil penalty assessment notice shall mean a notice mailed via first class mail or personally served to a registered owner of a vehicle involved in any traffic violation that has previously received a notice of violation. Notice of violation shall mean a notice mailed via first class mail or personally served to a registered owner of a vehicle involved in any traffic violation detected by an automated vehicle identification system advising that the violation has been detected, or a similar notice mailed to the operator of the vehicle identified by a registered owner of said vehicle. Residential neighborhood means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five (35) miles per hour or less. 10.50.020. - Notices of Violation in General (a) If the Town detects any alleged violation of a County or municipal traffic regulation or traffic violation under State law through the use of an automated vehicle identification system, then the Town shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first class mail or personal service, a notice of violation. Ord 25-15 — Enacting Chapter 10.50, of Title 10 (b) The Town may only issue a notice of violation for violations that occur: (1) Within a school zone as defined in C.R.S. § 42-4-615; (2) Within a residential neighborhood; (3) Within a maintenance, construction, or repair zone designated pursuant to C.R.S. §42-4-614; (4) Along a street that borders a Town park; or (5) Along a street, or portions of a street, which the Town designated as an automated vehicle identification system corridor as set forth in Section 10.50.040. (c) The notice of violation shall be served: (1) Within thirty (30) days after the alleged violation if the motor vehicle involved in the alleged violation is registered in the State; or (2) Within sixty (60) days after the alleged violation if the motor vehicle involved in the alleged violation is registered out the State. (d) The notice of violation shall contain: (1) The name and address of the registered owner of the motor vehicle involved in the alleged violation; (2) The license plate number of the motor vehicle involved in the alleged violation; (3) The date, time, and location of the alleged violation; (4) The amount of the civil penalty prescribed for the alleged violation; (5) The deadline for payment of the prescribed civil penalty and for disrupting the alleged violation; and (6) Information on how the registered owner may either dispute the alleged violation at a hearing or pay the prescribed penalty. (e) To protest a notice of violation, the registered owner shall request, in writing, a hearing Ord 25-15 — Enacting Chapter 10.50, of Title 10 to dispute the alleged violation. The deadline to request a hearing to dispute the notice of violation shall be at least forty-five (45) days after the date of the notice of violation. At the hearing, the Town may not require the registered owner to disclose the identity of the driver of the vehicle who is detected through the use of the automated vehicle identification system, but may require the registered owner to submit evidence that the owner was not the driver at the time of the alleged violation. 10.50.030. - Speeding and Traffic Violations (a) Speeding Violations (1) For a speeding violation of less than ten (10) miles per hour over the reasonable and prudent speed under a County or Town traffic regulation or under State law through the use of an automated vehicle identification system, the violation may be cited as follows: a. For the registered owner's first offense, a written warning with no penalty or surcharge; and b.For the registered owner's second or subsequent offense, a notice of violation. (2) For a speeding violation of more than ten (10) miles per hour over the reasonable and prudent speed under a County or Town traffic regulation or under State law through the use of an automated vehicle identification system, the Town shall issue the registered owner a notice of violation. (b) Civil Penalty. The maximum civil penalty for a speeding violation or traffic control signal violation under this Section, including any surcharge is forty dollars ($40) unless the violation is in a school zone, in which case the maximum penalty shall be eighty dollars ($80) or within the maintenance, construction, or repair zone designated pursuant to C.R.S. § 42-4-614, in which case the maximum penalty shall be eighty dollars ($80). Notwithstanding the foregoing, the penalty for speeding shall not exceed any penalty provided by the applicable provision of the Colorado Revised Statutes. (c) Signage. The Town shall place an appropriate temporary or permanent sign in a conspicuous place not fewer than three hundred (300) feet before the area in which the automated vehicle identification system is to be used to notify the public that an automated vehicle identification system is in use immediately ahead. 10.50.040. - Automated Vehicle Identification System Corridors. (a) Pursuant to C.R.S. § 42-4-110.5(2)(g)(I), the Town identifies the following corridors as automated vehicle identification system corridors: (1) North and Southbound Avon Rd. between roundabout 4 and roundabout 5, Ord 25-15 — Enacting Chapter 10.50, of Title 10 particularly addressing the pedestrians' crossings at E. Hurd Ln. and Riverfront Ln. (2) East and Westbound US Highway 6 within Avon Town Limits, between Frontgate and Riveroaks. (3) East and Westbound W. Beaver Creek Blvd. 300 Block to 800 Block, adjacent to Harry A. Nottingham Park and near to Avon Elementary/ Westlake Village Apartments. (4) East and Westbound Nottingham Rd., particularly between 200 and 700 blocks. (b) Prior to using an automated vehicle identification system on an automated vehicle identification system corridor, the Town shall post a permanent sign not fewer than three hundred (300) feet before the beginning of such corridor and a permanent sign not fewer than three hundred (300) feet before each camera within the corridor or a temporary sign fewer than three hundred (300) feet before any mobile camera. (c) The Town shall illustrate, through data collected within the past five (5) years, incidents of crashes, speeding, reckless driving, or community complaints on the streets designated as an automated vehicle identification system corridor. (d) The Town will coordinate with the Department of Transportation and Colorado State Patrol in designated corridors. (e) The Town may publish a report on its website disclosing the number of citations and revenue generated by the automated vehicle identification system corridor. (f) The Town shall not locate an automated vehicle identification system corridor on any highway that is part of the federal interstate highway system. 10.50.050. - Civil Penalty Assessment Notice. (a) If the Town has not received the prescribed civil penalty or written notice requesting a hearing to dispute the alleged violation by the deadline provided in the notice of hearing, then the Town shall issue, or cause its vendor to issue, a civil penalty assessment notice to be served on the registered owner either by first class mail or personal service. (b) The civil penalty assessment notice shall contain: (1) The name and address of the registered owner of the motor vehicle involved in the alleged violation; (2) The license plate of the motor vehicle involved in the alleged violation; (3) The date, time, and location of the alleged violation; Ord 25-15 — Enacting Chapter 10.50, of Title 10 (4) The amount of the civil penalty prescribed for the alleged violation; (5) The deadline for payment of the prescribed civil penalty; and (6) Information on how to pay the prescribed civil penalty. (c) If the registered owner fails to pay the full prescribed civil penalty by the deadline stated in the civil penalty assessment notice, a final order of liability shall be entered against the registered owner of the vehicle. The final order shall be personally served to the registered owner. Final orders of liability may be appealed as to matters of law and fact to the Eagle County Court. (d) The Town may initiate or pursue a collection action against the registered owner of a motor vehicle for debt resulting from the final order of liability. (e) The Town shall not report to the Department of Transportation any conviction or entry of judgment against a defendant for a violation of a municipal traffic regulation or traffic violation under State law, if the violation was detected through the use of an automated vehicle identification system. (f) If the registered owner fails to pay the full prescribed civil penalty, the Town shall not attempt to enforce the penalty by immobilizing the registered vehicle owner's vehicle. 10.50.060. - Vendors. (a) No portion of any fine collected through the use of an automated vehicle identification system may be paid to the manufacturer or vendor of the automatic vehicle identification system equipment. The compensation to such vendor by the Town shall be based on the value of such equipment and the value of any services provided and may not be based on the number of traffic citations issued or the revenue generated by such equipment or services. 10.50.070. - Data Retention. (a) The Town shall: (1) Program the automated vehicle identification system to retain data only when a violation of a County or municipal traffic regulation or traffic violation under State law occurs; (2) Treat all photographs and video collected by the automated vehicle identification system as confidential and exempt from disclosure and inspection pursuant to the "Colorado Open Records Act" Part 2 of Article 72, Title 24, C.R.S. (3) Not use, disclose, sell, or permit access to photographs, video, or personal Ord 25-15 — Enacting Chapter 10.50, of Title 10 identifiable data collected by the automated vehicle identification system except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated legal proceedings; and (4) Destroy any photographs and video of a violation collected by the automated vehicle identification system within three (3) years after the final disposition of the violation, unless the photographs or video are maintained in a separate system for other purposes allowed by law. Ord 25-15 — Enacting Chapter 10.50, of Title 10 A C.4 0 LRAD Departynent of Transportatior _ATTACHMENT B Speed Safety Cameras in Colorado January 28th, 2025 A 1Ti 0 • History and Background • C.R.S. 42-4-110.5 (July 2024) • CDOT's Local Agency Procedure • Best Practices and Recommendations • Resources Updates A 1Ti 0 • Speed enforcement has been going on since the 1800s. • President Grant was arrested three times for speeding, twice before he was president and once during his presidency in 1872. • Speeding has been enforced since the horse and buggy days. (First speeding ticket 1904 in the United States) • First radar device used for traffic enforcement deployed 1971. • First mobile speed camera deployed in 1982. • Speed Safety Cameras have been used in Colorado for decades (1990s) . History and Background -- - -- - - Fj ssAh f L -DLJNA1,11— r 3-r -fIJAI 2.E J . Digital Cameras deployed in the late 1990s. 3 A 1Ti 0 History and Background • Speed enforcement with photos and video is used all over the world and very popular for use in Europe. • Red light cameras since early 2000s and deployed in 12 local agencies currently. • Speed safety cameras used in various local agencies since 1998. • Colorado has not had any specific speed safety camera law until 2018. • 42-4-110.5 was passed in 2018 and modified in 2023 and 2024. A 1Ti 0 CRS 42-4-110.5 Overview: Terminology C.R.S. 42-4-110.5 (July 2024) • Speed Safety Cameras - AVIS is a Colorado legal term for automated speed photo enforcement that also is synonymous with Speed Safety Cameras as used by the Federal Highway Administration (FHWA). • AVIS - Automated Vehicle Identification System - An AVIS is a temporary, mobile, or permanent system used to detect speeding violations within a highway maintenance, repair, construction zone, school zone, next to a park, or within an AVI Corridor. • AVI Corridor - Automated Vehicle Identification Corridor - is a designated street or portion of a street that a county or municipality, by ordinance or by a resolution of its governing body, defines as an AVI Corridor on which an AVI system may be located to detect violations of a county or municipal traffic regulation or a traffic violation under state law, specifically for speed violations. A 1Ti 0 CRS 42-4-110.5 Overview C.R.S. 42-4-110.5 (July 2024) Covers all sorts of automated vehicle identification systems= include speed photo enforcement, red light enforcement, and bus lane enforcement systems except toll lane systems.: .wL • Prescriptive law specifically defines the processes the state, municipalities, counties, and city and counties must follow to issue valid violations. • Defined locations where AVIS can be deployed: ❑ Repair, maintenance, construction zones ❑ School Zones ❑ Adjacent to municipal parks ❑ AVI Corridors (AVIS) by resolution or ordinance only. ANY IME 1. or Photo Credit: Denver Gazette 7/28/2024 e CDOT's Local Agency Procedure • As of July 1st, 2024, Local agencies must receive CDOT and Colorado State Patrol (CSP) approval to establish an AVI corridor on state or United States highways. • Unless a formal maintenance or equivalent agreement is in place, any permanent signs or cameras require a region issued special use permit. • Application goes to the appropriate Region Traffic Engineer and routed to CDOT HQ and CSP. • Nothing can begin until written approval is complete, and the special use permit is issued. GO, COLORADO Y Department of Transportation Office of the Chief Engineer Local Agency Automated Vehicle Identification System (AVIS - CRS 42-4-11 d.5) Corridor Procedure for State and US Highways Also referred to as Speed Safety Camera Corridors by FHWA Release Version: September 2024 (9/30/2024) Colorado Revised Statute 42-4-114.5 identifies automated vehicle identification systems (AVIS) as a statewide concern and an area where uniform state standards are necessary. This document serves as the Colorado Department of Transportation's (CDOT's) procedure for implementing AVIS for increased law enforcement by local agency jurisdictions on state or US highways. Definitions: • AVIS is a Colorado legal term for automated speed photo enforcement that also is synonymous with Speed Safety Cameras as used by the Federal Highway Administration (FHWA)I. (https:ll hi ghways. dot. govlsafetyl proven -safety -countermeasures) • An AVIS is, as defined by C.R.S. 42-4-110.5, an automated vehicle identification (AVI) system; a machine used to automatically detect a violation of traffic regulations and simultaneously record a photograph of the vehicle and the license plate of the vehicle. • An AVIS is a temporary, mobile, or permanent system used to detect speeding violations within a highway maintenance, repair, construction zone, school zone, next to a park, orwithin an AVI Corridor. • An AVI Corridor is a designated street or portion of a street that a county or municipality, by ordinance or by a resolution of its governing body, defines as an AVI Corridor on which an AVI system may be located to detect violations of a county or municipal traffic regulation or a traffic violation under state law, specifically for speed violations. Local agencies shall coordinate with CDOT to implement automated speed enforcement as designated by local agency ordinance per the current Model Traffic Code for all areas along state and US highways. Eligible areas for automated speed enforcement include: • School zones; • maintenance, repair or, work zones; • by municipal parks; or • within AVI corridors. AVI Corridors must be approved by CDOT and Colorado State Patrol (CSP) per CRS 42-4-114.5. 7 . A 1Ti 0 Do your homework! Read and re -read CRS 42-4-110.5. Best Practices And Recommendations Establish an in-house subject matter expert. Manage public expectations and perceptions. • Have realistic expectations about revenue and violations. • Contract and vendor management is key. • Quality control/quality assessment is critical. 0 Ensure valid and appropriate speed limits. B o Slow Down Ino 4 Safety A 1Ti 0 Region 1 Alazar Tesf aye, P.E. 2829 W Howard Pl., Denver, CO 80204 Ph: 303-365-7318 Email: Alazar.TesfayeCstate.co.us Region 2: Jason Nelson, P.E. 5615 Wills Blvd., Pueblo, CO 81008 Ph: 719-546-5411 Email: Jason. NelsonCstate.co.us Region 3: Zane Znamenacek, P.E. 222 South 6th St., Room 100, Grand Junction, CO 81501 Ph: 970-683-6275 Email: Zane.Znamenacek@state.co.us Region 4: Katrina Kloberdanz, P.E. 10601 W. 10th St., Greeley, CO 80634 Ph: 970-302-6724 Email: Katrina.Kloberdanz@state.co.us Region 5: Jennifer Allison, P.E. 3803 N. Main Ave., Suite 100, Durango, CO 81301 Ph: 970-385-1449 Email: Jennifer.Allison@state.co.us CDOT Resources Resources: FHWA- ittps://highways.dot.gov/safety/proven-safety-countermeasures/speed-safety-cameras FHWA Ops Guide - https://hiehways.dot.eov/media/31901 NHTSA - https://www.nhtsa.pov/book/countermeasures-that-work/speedin-e-and-speed- man a ,e me nt/counterm easu res/enforce me nt/speed-safety-camera-enforcement GSHA - https://www.Qhsa.orct/resources/news-releases/automated-enforcement-report23 9 .�=f145 --bib JF LP it ��•�� F �. � %L e+ �r ENFORCER — •Collaborative ATTACHMENT C Working Together To Protect Your Roadways hC P• DACRA TRAFFIC With Speed Enforcement Solutions Montreal & New York Toronto & Chicago Limit: 25mph I Speed: 53mph ComID: DH7C �. ;* -T - yr � mom toa r - _�- 4 5v 1 8WOO- ; 9 -3 3 "m f .r Lin .ti .t (D 5 "Universal Characteristics" of Automated Speed Enforcement Programs ■ Change dangerous driver behaviui, thereby making roads safer. Ensure the owners of speeding vehicles are held accountable. Eliminate time, effort, and errors that stand in the way of citing speeders. Create efficiency, reduce risk, and offset the costs of traffic enforcement. Help communities move toward Vision Zero & eliminate traffic fatalities. OTypical Automated Speed Enforcement Program Stages PlNFORCER :0) ct4 P- F- I Establish & Launch Capture Violation ASE Program Images Process Violation Data Violator Pays, Appeals, Ignores Analyze Violation Data (2) Daily Management of an Automated Speed Enforcement Program M tA M L_ tio a W N a v v U 0 a Capture Speed Violations • Images of Speeder Captured • Camera Al Processes Image • Evidence Package Data Added • Calibration Certificates • Direct System Interfaces a� Camera Manufacturer Installation/Support v Z ca U 7 O H GJ Process Violations • Officer Validates Violation • Owner Info Confirmed • Warning/Citation Sent • Evidence Package Created • Secure Mailing Services 04 5-20, Process Web Manage Hearings Manage Collections Payments & Appeals & Plate Denials • Citizen Portal Tools • Easy Payment Process • Accept Partial Payments • Allow for Payment Plans • Finance System Interfaces • Citizen Portal Uploads • Evidence/Case Management • Online/In-Person Hearings • I,' & 2nd Level Appeals • Dockets, Petitions, Orders • Final Notices/Debt Due • DMV/BMV/DOT Integration • License Plate Denial Reports • Collections integrations • Boot/Tow integrations • Violation Approval • Finance/Auditing Staff • Program Management Staff • Program Management Staff • Program Management • In -Person Payment Clerk • Screening/Hearing Officers • Finance/Auditing Staff r� s. eed PENFORCER .Collaborative 0 - 0 - 0- 0 Capture Violation Processing Vinlaeinn Web Pav-•- -- - aaanage ColeecC-- -- Images Dam Prue° Pfare Der Hilton Head, SC I � ti 1 � 0, � , AC or Solar Powered Key Camera Features Schaumburg, IL Mount Pearl, NL Disney World, FL 01 Night Vision I R or Color Mounts 10-14' High Operates in -400 to 1400 speed [N FO Cniianniaine Capture Violation P.—iag Vialaeioa Web Payment Manage Hearings Manage Co"e,t o, Dnages Dato Processing &Appeals Plate Der 16 Beam Simultaneous Multi -Lane Violations Key Camera Features FO 16 ILIDAR Based Web -Based Platform L Time of Flight Tech Secure SSL Encryption Evidence Package Speed N FORC[R Images w/"Databar' E. 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In z0-za za Priority windows: Tuesday - 15-I9 12 4�0OPM 4.15PM v 1r 1 V- 1130 AM - 1145 AM Thor a Toggle Hetr Rm, - � an,re•zr Y389147 State/Provirme: I L Make: nW4Week ca.m s r—m sPado� I ,J r Rocky Ixr Mountain Model: ntcnenr :o.2a , ar ea+ae Priority wiriwk s: Nt I Edro 123DAM 1245AM H• Is ca cav ree • .�., 2:3OAM2:45AM rnrsa.-,;d s Fr—, ee .x 5amrerx b + C �\rSpeed iN�ORCiQ COIIaEaIDtivo 0 Initial Launching of an Automated Speed Enforcement Program Establish Legislation and Policy C)0 n Comply with Community& Establish State/Province Hardware Software Statutes/O-Regs Public Hearings Local Ordinance Procure an ASE System Permit Support Installation Configuration Have they been passed? What rules & regulations need to be met? Are they required? Have they been held? Were residents in favor? Hasitbeen drafte d? When will it be approved? Has it a lrea dy passed? Cameras bygroup purchasing such as Sourcewell/Canoe -and- Software via Sole Source Secure contract via Bid Pricing Purchase via traditional RFP What permits are required? Howare you collecting your traffic data? Howare you drafting permits? Site Survey Configured to Completed? meet all regs? Pole/Signs Integrations Installed? completed? Cameras and Onboarding & Power Supply Training? Installed? TRAFFICLOGIX Move you to Vision Zero & fewer traffic fatalities L ENFORCER Collaborative CRA Partnering Together To ... Reduce the time, effort, and errors Change driver behavior to that limit effective traffic enforcement make your roads safer ATTACHMENT D �pe�U AVON CO SPEED STUDY EB 620 W BEAVER CREEK BLV❑ EMFGAGBN 7/29/2025 - 8/4/2025 Speed Limit: 25 MPH Data Source: All Traffic Data Services %°f Sshicle Pel xoT Veh7cles V s 7000 50IJ' percentile 85Th percentile Q-25 6.417 46.9% (25.2 MPH) (29.3 MPH) 26-35 7,119 52.0% +33 1 a3 1.Q°Po 6000 5000 N F 4000 y o � � 3000 i 2000 i I 1000 1154 5Q6Q 5742 1377 ISI a 16-20 21-25 25 26-30 31-35 jpF 36-40 Vehicle Speed (miles per hour) Vehicle Speed Average Daily Traffic (ADT) Average Monthly Traffic % of Vehicles 0-20 194 917 1,017 20 5,816 27,501 30,510 604 9.9% 46.9% 52.0% 1.0% 21-25 723 I 21,686 37.0% 26-30 820 24,609 42.0% 31-35 197 5,901 10.1 % 36-40 19 561 1.0% 41-45 I 1 43 0.1% +45 Total I 1,954 1,954 58,616 58,616 100% 100% - AVON CO SPEED STUDY WB 620 W BEAVER CREEK BLVD Qeed ar vea e u 7/29/2025 - 8/4/2025 - Speed Limit: 25 MPH Data Source: All Traffic Data Services V s pe hi� t s #°f Vehicles Vehic �-25 9,676 69.3% 25-35 4,337 30.4��0 q'SS p2°� Vehicle Average Daily Traffic Average Monthly Speed (ADT) Traffic °� of Vehicles 0-20 279 8,383 13.7% 1,411 42,334 69.3% 21-25 1,132 33,951 55.6% 26-30 554 16,611 27.2% 620 18,587 30.4% 31-35 66 1,976 3.2% 36-40 I 4 129 0.2% 41-45 0 5 9 137 0.0% 0.2% +45 0 0 0.0% Total 2,035 2,035 61,059 61,059 100% 100% Vehicle Average Daily Traffic Average Monthly Speed (ADT) Traffic °� of Vehicles 0-20 279 8,383 13.7% 1,411 42,334 69.3% 21-25 1,132 33,951 55.6% 26-30 554 16,611 27.2% 620 18,587 30.4% 31-35 66 1,976 3.2% 36-40 I 4 129 0.2% 41-45 0 5 9 137 0.0% 0.2% +45 0 0 0.0% Total 2,035 2,035 61,059 61,059 100% 100% AVON CO SPEED STUDY NB RD NORTH OFHURD LANE j' speed 7/29/2025-8/4/2025 iiNFtlYCE9 Speed Limit; 25 MPH Data Source_ All Traffic Data Services 501" percentile 85-,h percentile 10000 IIIIIIIIIIIIIIIIIIIIIIIfIII IIIIIIIIIIIIIIIIIIIIIIIIII (30.0 MPH) (34.0 MPH} e5d L - �hceVseidnct 25000 5,745 8.8% 20000 15000 5000 22799 22572 21-25 26-30 31-35 + 36-40 41-455 k Vehicle Speed (miles per r) 1 VS� ph-e2' III AVON CO SPEED STUDY " SB AVON RD NORTH OF HURD LANE EMP6�e�■ 7/29/2025 - 8/4/2025 Speed Limit: 25 MPH Data Source: All Traffic Data Services 50thpercentile 851hpercentile Vehicle �OOf (30.1 MPH) (33.6 MPH) sPee� RotYehcles veiucles 30000 0 26-35 52,703 86.1)% 25000 20000 m 2 L 0 15000 i `m a i 10000 5000 i i 25079 25625 35fi 0 ie 21-25 25 26-30 31-35 iaLW-+ 36-40 � 41-45 Vehicle Speed (miles per hour) Vehicle Speed Average Daily Traffic (ADT) Average Monthly Traffic % of Vehicles 0-20 34 507 7,529 719 1,020 15,214 225,870 21,561 0.4% 5.8% 86.0% 8.2% 21-25 473 14,194 5.4% 26-30 3,725 111,763 42.6% 31-35 3,804 114,107 43.4% 36-40 655 19,646 7.5% 41-45 I 51 1,526 0.6% +45 I 13 390 0.1 Total I 8,755 82755 262,646 262,646 100% 100% AVON CO SPEED STUDY Peed EB 600 BLOCK NOTTINOHAM R❑ S .FONC!p 7/29/25 - 8/4/25 Speed Limit; 30 MPH Data Source. All Traffic Data Services 6U00(} IIIIIIIIIIIIIIIIIII Vehcle 501h percentile 85'1' pcentile 12000 (32.9 MPH) (36.8 MPH) 0 10000 8000 4000 2000 9939 494953 26-30 31-35 36-40 41-45 46-50 Vehicle Speed (miles per hour) R IIII AVON CO SPEED STUDY WB 600 BLOCK NOTTINGHAM RD 1, eeU Sp 7/29125 - 8/4/25 Poor! a Speed Limit: 30 MPH Data Source: All Traffic Data Services 501" percentiLe 65�h percentile 12000 (32.7 MPH) (36.9 MPH) 10000 8000 a u 1` 3 o sooa z 4000 2000 3925 9627 4559 i 191 0 26-30 p 31-35 36-40 I 41-45 46-50 Vehicle Speed (miles perr) SpCI� xoTVeh7cles v�°Or$ 0-3U 4,434 22,7°fi 31-40 14, 177 725°�n +4l} 9d5 4,8°ro Vehicle Speed Average Daily Traffic (ADT) Average Monthly Traffic of Vehicles 0-25 87 633 2,025 135 I 2,610 19,003 60,759 4,050 3.1 % 22.7% 72.5% 26-30 546 I 16,393 19.6% 31-35 1,375 I 41,259 49.2% 36-40 I 650 19,500 23.3% 41-45 I 1 19 3,557 4.2% 46-50 I 14 433 0.5%L4.880%/.+50 2 60 0.1% Total 2,794 2,794 83,811 83,811100% AVON CO SPEED STUDY eed EB l NROMC�M �-+ US 6 EAST OF EAGLE BEND APTS 7129/25-814125 Speed Limit: 35 MPH Data Source: All Traffic Data Services 1DDD0D i,IIIIIIIII Veh °f Ve hicles of Vehicle .s 5 43.54 36-45 21,292 56.4ro . AVON CO SPEED STUDY Speed WB US 6 EAST OF EAGLEBEND APTS 7/29/25 - 814/25 Speed Limit: 35 MPH Data Source: All Traffic Data Services Vehicke p of Vehicles Vehicle Average Daily Traffic Average Monthly Speed (ADT) Traffic % of Vehicles 0-30 363 10,890 6.6% 1,815 54,463 33.2% 31-35 1,452 43,573 26.6% 36-40 2,487 74,601 45.5% 3,491 104,739 63.9% 41-45 1,005 30,137 18.4% 46-50 135 4,046 2.5% 51-55 17 155 523 4,659 0.3% 2.8% +55 3 90 0.1 Total 5,462 51462 163,860 163,860 100% 100% ATTACHMENT E From: - To: Grea Daly; Council Everyone Group Subject: town council meeting tonight Date: Tuesday, August 12, 2025 3:53:39 PM I will not be able to attend tonight's meeting, but at least wanted to share my thoughts. I met with the chief during National Night Out, in which I was told he was thinking about adding speeding cameras throughout avon and suggested I voice my opinon. I have emailed the chief and officer churches for years now. I live across the street from Avon Elementary in which the speed limit IS ALWAYS 20 MPH for the school zone. Living here over the years that speed limit has never been respected by locals or tourists. I have seen speeding cars night after night and to this day. Officer Churches can tell you a time I called him around 11pm after seeing someone driving like a mad person doing at least 60 on west beaver blvd - he was actually able to arrest and obtain the driver. I'm sure the crosswalk person at the school would have a lot to say on this topic as well. To be short and clear our kids are our future and we can offer them more by providing them safer streets. I am in vote of any speed enforcement that respects the 20mph school zone in front of avon elementary. Just sit there in your car and you will see folks doing 40 in a 20 all day long. Trust me I have seen it too many times and its an accident just waiting to happen. So in short if it takes cameras and fines to maintain a safe speed along west beaver creek and especially the school - I am all in favor. The chief is tired of my emails. Lets do better. Lets do all we can to enforce and maintain a safe 20 mph school zone. Our kids and community deserve it. Thank you for your time. I think we should also be looking at the folks exiting i70 eastbound at the main avon exit still doing 70mph down our main road and roundabouts till they hit hwy 6 - thats become another problem. Thank you for your time Jordan Lyles Westlake owner TO: Honorable Mayor Underwood and Council members FROM: Emily Dennis, Special Events Coordinator �� RE: Public Hearing for Outdoor Use of Amplified Sound Permit DATE: August 14, 2025 c o L Q H A D o SUMMARY: This report presents to Avon Town Council ("Council") an application to extend the Outdoor Use of Amplified Sound Permit for Avon's SunsetLlVE! concert on Sunday, August 31, 2025, from 8:00 p.m. to as late as 10:00 p.m. The normal event hours are from 3:00 p.m. until 8:00 p.m. on Sunday evenings. August 31, 2025 is the last SunsetLlVE! concert and is on Sunday of Labor Day weekend. BACKGROUND: As outlined by Avon Municipal Code ("AMC") 5.24.020, a public hearing is required on the Outdoor Use of Amplified sound for events that will be using amplified sound systems in Nottingham Park before 9:00 a.m. or after 8:00 p.m. on Sunday through Wednesday. Town Manager requests an extension of the Amplified Sound Permit hours be approved for the timeframe of 3:00 p.m. until 10:00 p.m. for the final SunsetLlVE! concert of the year. The band will use sound amplification equipment on The Terrace at Avon Pavilion for the purposes of sound checking and to amplify the performance. There have been no sound complaints at SunsetLlVE! concerts this year from guests or Avon residents. REVIEW CRITERIA: Avon Municipal Code 5.24.050 sets forth the criteria for review of sound permits. 5.24.050 Standards for Amplified Sound Permits. Amplified Sound Permit applications shall be evaluated according to the following review criteria: (a) Whether the proposed amplified sound, date, time, and associated event is compatible with other uses and activities in the vicinity. (b) Whether the potential adverse impacts of the sound and noise generated upon community and surrounding neighborhood are unreasonable or if the negative impacts exceed the potential benefits to the community of permitting the event. (c) The approving person or body may prescribe any conditions, limitations, requirements or mitigation deemed necessary to minimize the potential adverse impacts on the community and /or surrounding neighborhood; which include but are not limited to: limiting the time and /or duration of amplified sound, determining the direction of the amplified sound, and requiring sound screening. (d) Amplified Sound Permits may be granted for a specific event, which shall include designation of the date or dates of the event, or may be granted for re- occurring events provided that such approval shall not exceed a duration of one year. OPTIONS: Council has authority to deny this extension of amplified sound request or may prescribe any condition to minimize adverse effects upon the community or surrounding neighborhoods. PROPOSED MOTION: `7 move to approve the extended Outdoor Use of Amplified Sound Systems Permit for the last SunsetLlVE! concert scheduled Sunday, August 31 to authorize amplified sound between the hours of 3:00 p.m. and 10:00 p.m." Thank you, Emily ATTACHMENT A: 2025 SunsetLlVE! Outdoor Use of Amplified Sound Permit Application ATTACHMENT B: Letter from Town Manager 970-748-4037 edennis@avon.org ATTACHMENT A A Avon COLORADO PERMIT APPLICATION FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM 1. Name of Applicant: Emily Dennis 2. Representing Business/Organization: Town of Avon 3. Address and/or Mailing Address: P.O. Box 975, Avon, Colorado 81620 4. Address of premise or location where sound is to be produced: The Terrace at Avon Pavilion - 1 Lake Street, Avon, Colorado 81620 Telephone Number: 970-748-4037 6. Email Address: edennis@avon.org 7. Purpose for outdoor use of sound amplification system: Amplify sound during sound check and during performance at final SunsetLlVE! concert of the summer. 8. Date/s of proposed use: Sunday, August 31, 2025 9. Timets of proposed use: 3:00 p.m. to 10:00 p.m. 10. Attach a map or diagram depicting the proposed location of sound amplification equipment, direction of sound projection and potential sound projection distance. 11. Description of sound amplifying equipment: Small PA system provided by the band. August 18, 2025 SIGNATURE OF APPLICANT DATE The permit application is approved by the Town of Avon as noted by the signatures below. The applicant must comply with Chapter 5.24 of the Avon Municipal Code as outlined on the back of this application. Town Clerk Date Special Events Staff Date Avon Police Chief or Designee Date Permit Application & Municipal Code for Outdoor Use of Amplified Sound Systems PROCEDURES FOR PERMIT APPLICATION FOR OUTDOOR USE OF AMPLIFIED SOUND EQUIPMENT AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO REGULATE AMPLIFIED SOUND SYSTEMS AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF (Ordinance No.15.07) BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment Title 5 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 5.24 as follows: 5.24.010 Amplified Sound Permit Required a. These regulations concerning amplified sound systems are adopted to prevent noise nuisance in the Town of Avon while allowing for amplified sound for public and private events, establish minimum standards for the permitting of amplified sound, and adopt procedures for public notification and input for certain categories of amplified sound. These regulations shall be interpreted and applied so as not to infringe upon the reasonable constitutional rights of free speech and right of assembly b. The following activities and uses of amplified sound shall not require an Amplified Sound Permit: i. Amplified sound related to any governmental emergency building, vehicle or response activity; ii. Use of amplified sound by an officer, employee or agent of any local, state or federal government; iii. In Nottingham Park, including the Avon Performance Pavilion, for the Salute to the USA held on July 3 of each year; and, iv. Small low wattage personal sound amplification devices that do not disturb others. c. Unless expressly exempt as set forth in Sub -Section (b) above, an Amplified Sound Permit shall be required and shall be obtained prior to the use and operation of amplified sound outdoors in the Town of Avon, including use and operation of a loudspeaker or sound -amplifying equipment in a fixed or movable position or mounted upon any sound truck or other mobile vehicle or equipment. d. It is unlawful for any person to use or operate amplified sound outdoors in the Town without an Amplified Sound Permit when and Amplified Sound Permit is required. 5.24.020 Administrative Approval a. The Town Manager may approve an Amplified Sound Permit for outdoor use of amplified sound use at following locations and times: i. In Nottingham Park, including the Avon Performance Pavilion, on Sunday through Wednesday between the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through Saturday between the hours of 9:00 a.m. and 10:00 p. M. ii. In any non-commercial zone (including any planned unit development area allowing non-commercial use, but not including Town properties, park, and the Main Street Mall) between the hours of 9:00 a.m. and 8:00 p.m. iii. In any commercial zone (including any planned unit development area allowing commercial, but not including Town properties, park, and the Main Street Mall) between the hours of 8:00 a.m. and 10:00 p.m. b. No public hearing shall be required prior to review and approval of an administrative approval of an Amplified Sound Permit. The Town Manager may elect to solicit public comments or may refer an Amplified Sound Permit application to the Avon Town Council to be considered after conduction a public hearing in accordance with Section 5.24.030 below. c. Any outdoor use of amplified sound outside the hours and in the locations established in this Section shall require review and approval by the Avon Town Council. d. An applicant for an Amplified Sound Permit can appeal the decision of the Town Manager to the Avon Town Council An appeal must be submitted by an applicant in writing to the Town Clerk within fourteen (14) days the date of the decision by the Town Manager. The Town Council shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of the public hearing date, time and location shall be mailed to the appellant via first-class U.S. mail at least ten (10) days prior to the public hearing, unless the appellant agrees to a shorter time frame and a different notification method, The Town Council shall review an appealed Amplified Sound Permit application de novo. 5.24.030 Town Council Approval 2 Permit Application & Municipal Code for Outdoor Use of Amplified Sound Systems Any Amplified Sound Permit application that is not subject to administrative approval or that is referred by the Town Manager to the Town Council shall be subject to review and approval by Town Council after conducting a public hearing. A public hearing for an Amplified Sound Permit shall be posed and published at least six (6) days in advance of the public hearing on the Town's website; in a newspaper of general circulation in Avon; at the Avon Town Hall, Avon Library and Avon Recreation Centers; and, with regards to an Amplified Sound Permit on the Main Street Mall, posted at the proposed location of the amplified sound. 5.24.040 Amplified Sound Permit Applications a. An application for an Amplified Sound Permits shall be submitted to the Town Manager on forms established by the Town Manager, which shall include the minimum information set for the in this Section 5.24.040 and which shall include an application fee determined by the Town Manager not to exceed $100.00. b. Name, physical address, mailing address and email address, phone number. c. Proposed location for the amplified sound event(s). I Proposed dates and times for the amplified sound events(s). e. Map or diagram depicting the location of the sound amplifying equipment, proposed direction of sound projection, and potential sound projection distance. f. Description of sound amplifying equipment g. Description of any sound screening or other measures to mitigate the adverse impacts of amplified sound. h. Description of event and purpose of sound amplification. i. Amplified Sound Permit applications shall be submitted at least sixty (60) days prior to the proposed events(s) using outdoor amplified sound provided that the Town may waive or reduce this minimum application submittal deadline at the Town's sole discretion. 5.24.050 Amplified Sound Permit Applications - Amplified Sound Permit applications shall be evaluated according to the following review criteria: a. Whether the proposed amplified sound, date, time, and associated event is compatible with other uses and activities in the vicinity. b. Whether the potential adverse impacts of the sound and noise generated upon the community and surrounding neighborhood are unreasonable for if the negative impacts exceed the potential benefits to the community of permitting the event. c. The approving person or body may prescribe any conditions, limitations, requirements or mitigation deemed necessary to minimize the potential adverse impacts on the community and/or surrounding neighborhood, which include but are not limited to limiting the time and/or duration of amplified sound, determining the direction of the amplified sound, and requiring sound screening. d. Amplified Sound Permits may be granted for a specific event, which shall include designation of the date or dates of the event or may be granted for re -occurring events provided that such approval shall not exceed duration of one year. e. Amplified Sound Permits shall be subject to suspension and revocation for any violation of the terms and conditions set forth in the Amplified Sound Permit. The Town Manager may summarily suspend an Amplified Sound Permit based upon a preponderance of evidence that the terms and conditions of the Amplified Sound Permit have been violated and shall refer the permit to the Town Council for a public hearing and consideration of revocation. The Town Manager may refer an Amplified Sound Permit to the Town Council for a hearing and consideration of revocation based upon probable cause that the terms and conditions of the Amplified Sound Permit have been violated. At least three (3) days written notice shall be provided to the Amplified Sound Permit holder prior to the hearing, which notice may be emailed to the email address provided in the permit application and which notices shall state the nature of the violation of the terms and conditions. 5.24.060 Penalty Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted shall be subject to the penalties contained in Chapter 1.09 of this Code. 3 Permit Application & Municipal Code for Outdoor Use of Amplified Sound Systems w -0 : -Z 41 ATTACHMENT B Avon Town Council August 20, 2025 Re: Application to Extend Amplified Sound Permit for Last SunsetLlVE! Show Dear Council members, You are aware that I perform with the Frisco Funk Collective musical group based in Summit County. Frisco Funk Collective is scheduled to play at the last SunsetLlVE! on Sunday, August 31, 2025. I asked Staff to post a public hearing for you to consider whether to extend the cut-off time for amplified sound from 8pm to 10pm. It is not appropriate for me to ask Staff to provide an analysis or recommendation on this action because this concerns a personal request by me. I am providing this letter to state my thoughts as the applicant for this request. I do not receive any compensation for performing at this event in accordance with the Avon Town Code of Ethics. I have performed with Frisco Funk Collective in the Town of Avon every year for the last six years and this has been the standard practice that I do not receive compensation. Most of you have seen our band perform at these events. I am requesting this extension because I would have to enforce 8pm as a hard cut-off for ending the music per the current amplified sound approval. This last SunsetLlVE! concerts is on a holiday week -end with the following Monday being Labor Day. Frisco Funk Collective recently played a Breckenridge Airstream show that I learned had a hard cut-off at 7pm. Even though there was a large crowd enjoying the show, the support staff were in near panic when our last song went until 7:02 pm. Everyone in our band enjoys playing and if there is a decent audience enjoying the show we would like to play past 8pm. Some considerations I offer is that the sound system is pointing away from any residences with the configuration on The Terrace; our sound system is modest in size; and this last SunsetLlVE! show is on a holiday week -end. The other band members do not get paid more for playing later, this is simply about continuing the fun past 8pm if there is a decent audience that is enjoying the show. This request is zero pressure. We are happy to stop at 8pm sharp if that is enough live music fun for a Sunday in Harry A. Nottingham Park. bmitted,Respec lly su Eric TO: Honorable Mayor Underwood and Council members FROM: Paul Redmond, Chief Finance Officer �� RE: Public Hearing, Ordinance No. 25-16, Amendment to Ordinance No. 25-14 for Financing to Purchase 15 Sun Road Lot c o L o H A D o DATE: August 22, 2025 SUMMARY: This report outlines the need for Council's consideration of Ordinance No. 25-16, an amendment to Ordinance 25-16. During the Town's Due Diligence call last week, Bond Council found an error in the parameters of Ordinance No. 25-14. Council approved the second reading of Ordinance No. 25-14 which allows for the financing to acquire 15 Sun Road for the purpose of supporting public improvements and the related documents for certificate of participation financing to acquire the 15 Sun Road property for economic development purposes. Ordinance No. 25-16 is an amendment to Ordinance No. 25-14 allowing the parameters to change so the purchase price of the Certificates shall not be less than 97% of the aggregate principal amount of the Certificates. In order for the Town to stay on schedule for closing on September 16, 2025, it is necessary that Ordinance No. 25-16 be approved as an emergency ordinance to become effective on the same date as Ordinance No. 25-14 (September 11, 2025). Please note this is a public hearing. ORDINANCE AMENDMENT: Section 5 of Ordinance No. 25-16 set certain parameters and restrictions for the purchase of 15 Sun Road. These parameters set the max purchase price, the site lease and lease term, the redemption date, and the maximum interest rate. During the scheduled Due Diligence call, it was determined Ordinance No. 25-14 needs to be amended to adjust the purchase price of the certificate's parameter. The purchase price overlooked the fact that the certificates were being sold as taxable, which requires a lower price to reflect the underwriter's discount. Section 5(e) — Supplemental Act; Parameters is hereby amended as follows (strike through indicates language removed, double underline indicates additional language): (e) the purchase price of the Certificates shall not be less than 97% of the aggregate principal amount of the Certificates; and Below is an example diagram of how the purchase price is calculated: Formula Series 2025 (Based on Current Rates) 55.770.000 $5.732.495 or 99.35': , FINANCING UPDATE: Staff is managing the timeline and remains on schedule to close on September 16, 2025. In the last couple of weeks, Staff met with Butler Snow and Piper Sandler to review the due diligence questionnaire and participate in the rating call with S&P Global. The rating call was a success as S&P Global raised its long-term rating of the Town of Avon from an A+ to an AA-. The upgrade reflects Avon's 970-748-4088 predmond@avon.org strong key economic metric and sustained track record of above average reserves compared to our peer community. The final S&P Global Rating Report is currently undergoing final edits and will be shared with Council upon completion. The next major milestone for Avon is posting the Preliminary Official Statement on August 28t". This statement is posted ahead of the pre -pricing call to allow potential investors to learn about the Town and the future project of the Sun Road Redevelopment. The closing date for the purchase of the property continues to be on schedule for September 16, 2025. Date 7/i� Event Kmelk Off Ga4 Parties AI+ "�5 DeeHFAents & Geyep MeRge PFepaFed feF BeaFel Paelket B5 ' ",--�-IJ W 77'� r..wn Sefg is one i.,c.,...v,atien to B ,tleF Sign,.. 4 $G oFiRaRekig A4t ' 'i---rv�'--'c' �cnv /iceGHestieFiFqgeRee 844,126 6W 8/18 eF 14 Rating Gall CY 8 DHe Diligenee Gall a in� Reeei = Pm-" 8/26/25 Receive COP Insurance Bids I, UW 8/28/25 Post the POS BC 9/8/25 Pre -Pricing Call I, UW 9/9/25 Pricing & Sign the Certificate Purchase Agreement I, BC, UW 9/16/25 Closing All PROPOSED MOTION: "I move to approve Ordinance No. 25-16 as an Emergency Ordinance amending Ordinance No. 25-14 for Financing to Purchase 15 Sun Road Lot, and to reflect the purchase price of the Certificates to purchase less than the underwriters discount." Thank you, Paul ATTACHMENT A: Ordinance No. 25-16 Amending Ordinance No. 25-14 Page 2 of 2 A Avon COLORADO ORDINANCE NO.25-16 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF AVON AMENDING ORDINANCE NO. 25-14 FINALLY ADOPTED AND APPROVED ON AUGUST 12, 2025, RELATING TO FINANCING THE ACQUISITION OF CERTAIN REAL PROPERTY FOR TOWN PURPOSES AND THE SUPPORTING PUBLIC IMPROVEMENTS NEEDED IN CONNECTION THEREWITH, AND APPROVING THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE LEASE AGREEMENT, A LEASE PURCHASE AGREEMENT, AND RELATED DOCUMENTS, AND DECLARING AN EMERGENCY. WHEREAS, the Town of Avon, Eagle County, Colorado (the "Town") is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the Town (the "Charter"); and WHEREAS, pursuant to Chapter XIV of the Charter, the Town is authorized to enter into one or more leases or lease -purchase agreements for land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, the Town is authorized by Article XX, Section 6 of the Colorado Constitution, its Charter, and part 8 of Article 15 of title 31, Colorado Revised Statutes ("C.R.S."), to enter into rental or leasehold agreements in order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected, chosen and qualified; and WHEREAS, on August 12, 2025, the Council adopted Ordinance No. 25-14 (the "Original Ordinance") approving the execution and delivery of a Site Lease (the "Site Lease"), a Lease Purchase Agreement (the "Lease"), and other documents relating thereto in order to finance the cost of the acquisition of certain real property and the building located thereon for Town purposes (the "Project"); and WHEREAS, in order to finance the Project, a Trustee, as defined in the Original Ordinance, would execute and deliver certain Certificates of Participation (the "Certificates"), the proceeds of which would be utilized by the Trustee to prepay its obligation to lease certain leased property of the Town under the Site Lease, subject to certain parameters set forth in the Original Ordinance; and WHEREAS, the Original Ordinance provided that Certificates would be sold to investors at a purchase price of not less than 100% of the principal amount of the Certificates; and WHEREAS, such purchase priced did not account for the Certificates being sold as taxable certificates, which would necessitate a lesser purchase price to account for the Certificates being Ord 25-16: AMENDING ORDINANCE 25-14 RELATING TO FINANCING OF 15 SUN RD 08/26/2025 Page 1 of 3 sold to investors for the principal amount of the Certificates, less an underwriter's discount, with no original issue premium; and WHEREAS, the Town has determined that Section 5(e) of the Original Ordinance be amended; and WHEREAS, pursuant to Section 6.6 of the Charter, because of the urgent need for the financing of the Project, the Council has determined that an emergency exists and that adoption of this Ordinance as an emergency measure is necessary for the immediate preservation of the public peace, health, safety and welfare. This Ordinance, which amends the Original Ordinance, shall be effective on the same day as the Original Ordinance, which such Original Ordinance was not approved as an emergency ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Definitions. Unless otherwise defined herein, all terms used herein shall have the same meaning as in the Original Ordinance. Section 2. Amendments. Section 5(e) — Supplemental Act; Parameters is hereby amended as follows (strike through indicates language removed, double underline indicates additional language): (e) the purchase price of the Certificates shall not be less than 4W97% of the aggregate principal amount of the Certificates; and Section 3. Ratification. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Council, the officers of the Town and otherwise taken by the Town directed toward the Bonds or the amendment of the Original Ordinance, is hereby ratified, approved and confirmed. Except as amended hereby, the provisions of the Original Ordinance are hereby ratified, approved and confirmed. Section 4. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any such bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. All rules of the Council, if any, which might prevent the final passage and adoption of this Ordinance as an emergency measure at this meeting of the Council be, and the same hereby are, suspended. Section 5. Severability. If any section, subsection, paragraph, clause or other provision of this Ordinance for any reason is invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or other provision shall not affect any of the remaining provisions of this Ordinance. Ord 25-16: AMENDING ORDINANCE 25-14 RELATING TO FINANCING OF 15 SUN RD 08/26/2025 Page 2 of 3 Section 6. Emergency Declaration. By reason of the Town's need to complete the Project to provide for the immediate preservation of public health, safety and welfare of its citizens, the further need to acquire financing to complete the Project with the limited availability of the property, the Council declares that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, and that this Ordinance shall be in full force and effect on the same date as the Original Ordinance. Section 7. Effective Date and Disposition. After its passage by the approval of five (5) members of the Council, this Ordinance shall be recorded, published and posted and authenticated by the signature of the Mayor and the Town Clerk as required by the Town Charter. This Ordinance shall become effective at the same time as the Original Ordinance. Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED, APPROVED, PASSED AS AN EMERGENCY ORDINANCE, AND ORDERED PUBLISHED IN FULL on August 26, 2025. [SEAL] BY: ATTEST: Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: Nina Williams, Town Attorney Ord 25-16: AMENDING ORDINANCE 25-14 RELATING TO FINANCING OF 15 SUN RD 08/26/2025 Page 3 of 3 STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, Miguel Jauregui Casanueva, the Town Clerk of the Town of Avon, Colorado (the "Town"), do hereby certify: I, the duly elected, qualified, and acting Town Clerk of the Town of Avon, Colorado (the "Town"), do hereby certify that: (1) The foregoing pages are a true, correct and complete copy of an ordinance (the "Ordinance") that was introduced, approved as an emergency on first reading and ordered published in full in accordance with the Town Charter (the "Charter") by the Town Council at a regular meeting thereof held on August 26, 2025. (2) The Ordinance was duly moved and seconded, and the Ordinance was approved on first reading as an emergency, at the meeting of August 26, 2025, by an affirmative vote of five (5) members of Town Council as follows: Councilmember Voting "Yes" Voting "No" Absent Abstaining Tamra Underwood Rich Carroll Chico Thuon Lindsay Hard Ruth Stanley Gary Brooks Kevin Hyatt (3) The members of the Town Council were present at such meetings and voted on the passage of such Ordinance as set forth above. (4) The Ordinance was authenticated by the signature of the Mayor, sealed with the Town seal, attested by the Town Clerk, and recorded in the minutes of the Town Council. (5) There are no bylaws, rules or regulations of the Town Council that might prohibit the adoption of the Ordinance. (6) Notice of the meeting of August 26, 2025, the form attached hereto as Exhibit A was posted at the Town Hall, the Avon Recreation Center and the Avon Library not less than 24 hours prior to such meeting in accordance with law, which notice included the title of the ordinance only and the time, date and place of the public hearing, and notified that the full text of the ordinance is available for public inspection at Avon Town Hall during normal business hours and on the Town of Avon official website. Ord 25-16: AMENDING ORDINANCE 25-14 RELATING TO FINANCING OF 15 SUN RD 08/26/2025 Page 1 of 2 (7) On , 2025, the Ordinance was published by title in the Vail Daily, a newspaper of general circulation in the Town, in accordance with the Charter and Chapter 1.16.010 of the Avon Municipal Code. Affidavit of publication is attached hereto as Exhibit B. WITNESS my hand and the seal of the Town affixed on , 2025. [SEAL] Town Clerk Ord 25-16: AMENDING ORDINANCE 25-14 RELATING TO FINANCING OF 15 SUN RD 08/26/2025 Page 2 of 2 EXHIBIT A (Attach Notice of Meeting of August 26, 2025) A-1 I ■ Av n C, EXHIBIT A NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO WILL CONSIDER A PUBLIC HEARING FOR THE ADOPTION OF THE FOLLOWING EMERGENCY ORDINANCE ON THE 26TH DAY OF AUGUST 2025: PUBLIC HEARING: ORDINANCE 25-16, AN EMERGENCY ORDINANCE FOR THE TOWN COUNCIL OF THE TOWN OF AVON AMENDING ORDINANCE NO. 25-14 FINALLY ADOPTED AND APPROVED ON AUGUST 12, 2025, RELATING TO FINANCING THE ACQUISITION OF CERTAIN REAL PROPERTY FOR TOWN PURPOSES AND THE SUPPORTING PUBLIC IMPROVEMENTS NEEDED IN CONNECTION THEREWITH, AND APPROVING THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE LEASE AGREEMENT, A LEASE PURCHASE AGREEMENT, AND RELATED DOCUMENTS, AND DECLARING AN EMERGENCY. The full text of the ordinance is available for inspection at the office of the Town Clerk in the Avon Town Hall during normal business hours and can be viewed on the Town of Avon's official website, www.avon.org. TOWN OF AVON, COLORADO t) rm Aev(ornv� BY: Brenda Torres Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 22, 2025: AVON TOWN HALL, AVON RECREATION CENTER, AVON PUBLIC LIBRARY. AVON ELEMENTARY SCHOOL. and www.avon.orq EXHIBIT B (Affidavit of Publication) FEW TO: Honorable Mayor Underwood and Council members FROM: Eric Heil, Town Manager �� RE: State Land Board Petition for Annexation Resolution 25-20 c o o H A o DATE: August 22, 2025 SUMMARY: This report presents to Council an official petition for annexation submitted by the State Land Board. The original petition for annexation included 97 acres of land. This revised petition will include 35.093 acres. Due to the material change in the petition, a new hearing process is being initiated. The official "receipt" of a petition for annexation is the official first step of the annexation process under the Colorado Municipal Annexation Act of 1965. Council approval of Resolution 25-20 is only for the purpose of setting a public hearing to determine IF the property is eligible for annexation. Approval of Resolution 25-20 is only a first step procedural action and is not a substantive review or approval of any aspect of the annexation and proposed development. MINIMUM PETITION REQUIREMENTS: The form of Petition must contain a number of statements and information, which are listed in C.R.S. §31-12-107(1)(c). The Town Clerk has verified that the Petition includes all these statements and information. CONDITIONS OF PETITION: Paragraph 9 of the petition includes conditions which states and clarifies that the petition (State Land Board) can withdraw the petition for annexation if the final zoning approval and terms of development agreement are not acceptable to the State Land Board as the property owner. This is a customary practice which the Town of Avon has utilized in past annexations, including the Base Camp annexation. PUBLIC HEARING: The Act requires the public hearing to be set no less than 30 days and no more than 60 days from the date of resolution setting the public hearing. Resolution 25-20 sets the public hearing for October 14th, 2025. The notice of the public hearing must be published in the Vail Daily once a week for four consecutive weeks prior to the hearing. Staff will also send the notice to Eagle County, Eagle County Schools and Eagle -Vail Metropolitan District. ANNEXATION IMPACT REPORT: C.R.S. §31-12-108.5 requires the Town to prepare an annexation impact report and send the report to the Eagle County Board of County Commissioners at least 25 days prior to the public hearing. Staff will revise the report prepared previously based upon the revised scope. We will also forward to Eagle County School District and Eagle -Vail Metropolitan District. PROPOSED MOTION: "I move to approve Resolution 25-20 Receiving the State Land Board Annexation Petition, Initiating Annexation Proceedings and Setting a Public Hearing Date of October 14th, 2025." Thank you, Eric ATTACHMENT A: Resolution 25-20 Receiving the Annexation Petition and Setting a Public Hearing ATTACHMENT B: Cover Letter, Annexation Petition, Annexation Map ATTACHMENT C: Select Sections of Colorado Municipal Annexation Act of 1965 970.748.4004 eric@avon.org ATTACHMENT A A .von COLORADO RESOLUTION 25-20 RECEIVING THE STATE LAND BOARD ANNEXATION PETITION, INTIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE WHEREAS, the State Land Board has submitted a petition for annexation to the Avon Town Clerk in accordance with the Colorado Municipal Annexation Act of 1965 ("Act"); and, WHEREAS, Council finds that the Petition meets the requirements of C.R.S. §31-12-107 and is therefore in substantial compliance with C.R.S. §31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby sets a public hearing date on Tuesday, October 14, 2025, at 5:30 pm, or as soon thereafter as possible, at the Avon Town Hall, 100 Mikaela Way, Avon, Colorado. BE IT FURTHER RESOLVED that Council herby initiates annexation proceeding and directs the Town Clerk and Staff to proceed with the procedures and posting of public hearing notices to determine eligibility for annexation in accordance with the Act, including the preparation and referral of an Annexation Impact Report. ADOPTED AUGUST 26, 2025 by the AVON TOWN COUNCIL By: Attest: Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk Resolution 25-20 State Land Board Annexation Petition August 26, 2025 Page 1 of 1 ATTACHMENT B COLORADO • - State Land Board August 21, 2025 VIA FEDERAL EXPRESS AND E-MAIL MPIELSTICKER AVON.ORG Matt Pielsticker Planning Director Town of Avon 100 Mikaela Way Avon, Colorado 81620 Re: Dowd Junction Annexation Petition Submittal Dear Matt: The State of Colorado owns in trust and manages through the Colorado State Board of Land Commissioners (the "Annexor") certain real property located in unincorporated Eagle County, Colorado, abutting the jurisdictional boundary of the Town of Avon ("Town") and is a portion of the area known as Dowd Junction (the "Property"). The purpose of this letter is to request, on behalf of the Annexor, that the Town consider and approve annexation of the Property into the Town of Avon, as more particularly set forth in Annexor's petition for annexation submitted in accordance with C.R.S. § 31-12-107(1)(c) ("Petition"). The Petition and four copies of an annexation boundary map of the Property, as required pursuant to C.R.S. § 31 12 107(1)(d), are enclosed herewith. Based on previous discussions with Eric Heil and Town staff, it is our understanding that the pre -application conference with respect to annexation of the Property as required by Town Code § 7,16.020(a) previously has been satisfied through multiple pre -submittal conferences among Annexor, yourself, other consultants and other Town staff concerning the proposed annexation of the Property, among other matters. We ask that you confirm our understanding. As also discussed, in connection with the intended development of the Property for "Community Housing" as defined in the Town Code, Annexor requests the Town waive the development application review fees applicable to this annexation (and associated entitlement pF` Cq� �C 1127 Sherman Street, Suite 300, Denver, CO 80203-2206 P 303.866.3454 1 F 303.866.3152 1 sffixolorado.gov ATTACHMENT B applications Annexor will submit in connection with the annexation), including without limitation, costs for internal staff and third -party consultants and professionals, studies and reports as required by Town Code § 7.04.100. We understand the Town is amenable to such waivers as discussed during the joint work session of Town Council and the Town Planning and Zoning Commission on October 10, 2023 and subsequent meetings with Town staff. Accordingly, the Annexor requests that Town Council formally approve the waivers by resolution in accordance with Town Code §§ 3.14.030 and -060. On behalf of the Annexor, we respectfully request that you deliver the Petition and accompanying annexation maps to Town Council for its consideration of the Petition's "substantial compliance" in accordance with the requirements of C.R.S. § 31-12-107(1) and -107(f). Please do not hesitate to reach out to me with any questions. We look forward to working with you and Town staff on this matter. Sincerely, 4a ? Eliot L. Hoyt Assistant Director of Sustainability and Working Lands 1127 Sherman Street, Suite 300, Denver, CO 80203-2206 P 303,866.3454 F 303,866.3152 sl�.caiarada,gov,�*' *' 87� i 4�i ATTACHMENT B PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO TO THE TOWN OF AVON, COLORADO To: Town Council of Avon, Colorado The undersigned ("Petitioner"), in accordance with the Municipal Annexation Act of 1965, Article 12, Title 31, Part 1, Colorado Revised Statutes, as amended ('the "Act'), hereby petitions (this "Petition') the Town Council of the Town of Avon, Colorado ("Town"), for the annexation to the Town of the land located in the County of Eagle, Colorado, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). In support of this Petition, Petitioner alleges as follows: It is desirable and necessary that the Property be annexed to the Town. 2. The condition set forth in Section 30(1)(b) of Article II of the Colorado Constitution has been met, the provisions of Section 30 of Article II of the Colorado Constitution have been complied with, and the requirements of Sections -104 and -105 of the Act exist or have been met in that: (a) Not less than one -sixth of the perimeter of the Property is contiguous with the existing boundaries of the Town. (b) Contiguity with the Town is not established by use of any boundary: (1) of an area previously annexed to the Town that, at the time of its annexation, was not contiguous at any point with the boundary of the Town, was not otherwise in compliance with Section-104(1)(a) of the Act, and was located more than three miles from the nearest boundary of the Town ("Non -Contiguous Area"); or (ii) of territory subsequently annexed directly to, or indirectly connected through subsequent annexations to, a Non -Contiguous Area. (c) A community of interest exists between the Property and the Town. (d) The Property is urban or will be urbanized in the near future. (e) The Property is integrated or is capable of being integrated with the Town. (f) In establishing the boundaries of the Property, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: ATTACHMENT B (i) has been divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way; or (ii) comprising twenty acres or more (which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) is included without the written consent of the landowners. (g) The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to another municipality; nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve months inunediately preceding the filing of this Petition. (h) Annexation of the Property will not result in the detachment of area from any school district and the attachment of the same to another school district. (i) Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent of which are within the three mile limit, annexation of the Property will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the Town boundary in any one year. 0) In establishing the boundaries of the Property, if a portion of a platted street or alley is annexed, the entire width of said street or alley is included, and annexation of the Property will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 3. Petitioner comprises more than fifty percent of the landowners of the Property and owns more than fifty percent of the Property, excluding public streets and alleys and any land owned by the Town. 4. The mailing address of Petitioner and the date of signing of Petitioner's signature are all shown on this Petition. 5. The legal description of the land owned by the Petitioner is set forth underneath on Exhibit B attached hereto and incorporated herein by this reference. As more particularly described on Exhibit B, the land owned by Petitioner constitutes one hundred percent (100%) of the Property within the meaning of Section-107(1)(g) of the Act. 6. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. ATTACHMENT B 7. Accompanying this Petition are four prints each of an annexation boundary map in the form required by Section-107(1)(d) of the Act and containing the following information: (a) A written legal description of the boundaries of the Property. (b) A map showing the boundary of the Property, (c) Within the annexation boundary map there is shown the Location of each ownership tract in unplatted land, and if part or all of the area to be platted, then the boundaries and the plat number of plots and blocks are shown. (d) Next to the boundary of the Property is drawn the contiguous boundary of the Town and the contiguous boundary of any other municipalities abutting the Property. S. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Institute zoning approval processes for the Property in accordance with Section —115 of the Act and Section 7.16.050 of the Municipal Code of the Town; and (b) Approve and execute an anmexation and development agreement ("Annexation and Development Agreement") which, among other matters, establishes vested property rights for the Property for an agreed upon term greater than three years pursuant to Article 68, Title 24, Colorado Revised Statutes, establishes certain development incentives and density bonuses, dedication waivers and/or development/impact fee and tax waivers and credits, and otherwise establishes the development plan for the Property; and Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town: (i) approves zoning which is substantially consistent with the application for zoning which Petitioner submits in connection with this Petition; and (ii) approves, authorizes execution of and executes the Annexation and Development Agreement (collectively, the "Approvals"). (b) The County of Eagle, Colorado, and the Upper Eagle River Water Authority approve, pursuant to that certain Eagle Park Reservoir Stock Agreement between the Board of County Commissioners of Eagle County, Colorado, and the Upper Eagle Regional Water Authority dated July 29, 2020 ("Stock Agreement"), use of "Reservoir Company stock" (as defined in the Stock Agreement) to satisfy the water rights dedication requirements of the Property upon terms and conditions acceptable to Petitioner (the "Water Allocation Approval"). (c) Petitioner hereby reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any point prior to the latest to occur of: ATTACHMENT B (i) the latest of the final, non -appealable approval of the final ordinauce(s) or other final approval(s) approving the Approvals; (ii) final, non -appealable resolution of any "Legal Challenge." For purposes of this Petition, "Legal Challenge" means either: (i) any third party commences any legal proceeding or other action that directly or indirectly challenges the annexation of the Property, any of the Approvals, the Water Allocation Approval, any of the Town's ordinances, resolutions or other approvals approving the annexation of the Property or any of the Approvals, or any of the ordinances, resolutions or other approvals approving the Water Allocation Approval; or (ii) any third party submits a petition for a referendum seeking to reverse or nullify any of such ordinances; and (iii) any later date contemplated in the Annexation and Development Agreement, (d) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section-113(2)(b) of the Act. 10. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town, which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 11. Except for the teens and conditions of this Petition, and of the Annexation Agreement, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional terms and conditions within the meaning of Sections-107(4), 110(2), 111 or 112(1) of the Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. [ signature pages and exhibits follow this page j ATTACHMENT B THEREFORE, Petitioner requests that the Town Council of the Town complete and approve the annexation of the Property pursuant to the provisions of the Act. PETITIONER: STATE OF COLORADO By: Yu" a -- Name: JWCOLE -T RoSlka2. J V Title: Dr2 Cso2f 5'74I'E LFip 13.44A Date: 1 "r, &-s tr 21, U ss' Petitioner's mailing address: 1127 Sherman Street, Suite 300, Denver, Colorado 80203. Is Petitioner a resident of the Property? No. Signature Page to Petition for Annexation ATTACHMENT B EXHIBIT A Legal Description of the Property A parcel of land situated in the NW 114 of Section 16 and the SW 114 of the NE 1/4 of Section 16, Township 5 South, Range 81 West of the Sixth Principal Meridian, County of Eagle, State of Colorado and being more particularly described as follows: Beginning at the northwest corner of said Section 16, a 2-112" GLQ brass cap 1942 in place; thence S89054'05"E along the north line of said Section 16 a distance of 1371.40 feet to a point: thence departing said north line S00°05'55"W a distance of 270.59 feet to a point on the northerly right-of-way of the Union Pacific Railroad according to Right of Way No. 443, Book 4; thence along said north right-of-way the following four (4) courses: 1. along the arc of a curve to the right having a radius of 1256.60 feet, a tangent of 42.9.45 feet, a central angle of 37'44'12", and a distance of 827.63 feet (chord bears S57'55'02"E a distance of 812.75 feet); 2. S39°02'56"E a distance of 657.77 feet; 3, along the arc of a curve to the left having a radius of 1382.70 feet, a tangent of 358.41 feet, a central angle of 29°03'49", and a distance of 701.38 feet (chord bears S53'34'51"E a distance of 693.89 feet); 4. S68°06'45"E a distance of 183.64 feet; thence departing said north right-of-way line of the Union Pacific Railroad S32°5840W a distance of 282.86 feet to a point on the northerly right-of-way of U.S. Highway 6; thence along said Highway 6 the following seven (7) courses: 1. N70°00'00"W a distance of 42.00 feet; 2. N75°21'30"W a distance of 214.10 feet; 3. N70"19'23"W a distance of 220.67 feet; 4. along the arc of a curve to the right having radius of 651.30 feet, a tangent of 146.28 feet, a central angle of 25°19'00", and a distance of 287.78 feet (chord bears N57'20'32"W a distance of 285.45 feet); 5. N41 °25'02"W a distance of 175.49 feet; 6. N44°41'02"W a distance of 155.40 feet; A-1 ATTACHMENT B 7. along the arc of a curve to the right having radius of 1985.00 feet, a tangent of 399.97 feet, a central angle of 22'47'05", and a distance of 789.38 feet (chord bears N56004'35"W a distance of 784.18 feet); thence departing said north right-of-way line of U.S. Highway 6 and continuing along the east line of the Second Amendment to CDOT Right -of -Way No. 1780, Book 17 recorded March 12, 2024 under Reception No. 202402625 the following three (3) courses: 1. N22°24'07"E a distance of 100.48 feet; 2. N44°48'33"W a distance of 251.07 feet; 3. N07°06'27"W a distance of 41.11 feet; thence departing said Second Amendment to CDOT Right -of -Way No. 1780, Book 17 and continuing along the north property line of Parcel 1 of the ALTAIACSM Land Title Survey deposited March 27, 2024 in Book 2, Page 1491 the following fourteen (14) courses: 1. N37°56'28"W a distance of 50.27 feet; 2. N51 °55'21"W a distance of 101.46 feet; 3. N87°39'43"W a distance of 124.33 feet; 4. N85°01'39"W a distance of 114.17 feet; 5. N76026'51 "W a distance of 345.80 feet; 6. N85°30'08"W a distance of 54.23 feet; 7. N82°17'19"W a distance of 204.73 feet; 8. N59051'09"W a distance of 81.36 feet; 9. N65012'32"W a distance of 51.15 feet; 10. N60°01'42"W a distance of 78.29 feet; 11. N55040'35"W a distance of 142.13 feet; 12. N64°26'44"W a distance of 177.35 feet; 13. N68°18'07"W a distance of 255.61 feet; 14. N79°00'14"W a distance of 40.00 feet; Thence departing said north line of Parcel 1 and continuing along the west line of Section 16 N01 040'57"W a distance of 255.27 feet to the True Point of Beginning; Said parcel contains 35.093 acres more or less. p_2 ATTACHMENT B EXHIBIT B Legal Description of the Portion of the Property Owned by Petitioner A parcel of land situated in the NW 114 of Section 16 and the SW 114 of the NE 114 of Section 16, Township 5 South, Range 81 West of the Sixth Principal Meridian, County of Eagle, State of Colorado and being more particularly described as follows: Beginning at the northwest corner of said Section 16, a 2-112" GLO brass cap 1942 in place; thence S89054'05"E along the north line of said Section 16 a distance of 1371.40 feet to a point: thence departing said north line S00005'55"W a distance of 270.59 feet to a point on the northerly right-of-way of the Union Pacific Railroad according to Right of Way No. 443, Book 4; thence along said north right-of-way the following four (4) courses: 1, along the arc of a curve to the right having a radius of 1256.60 feet, a tangent of 429.45 feet, a central angle of 37°44'12", and a distance of 827.63 feet (chord bears S57°55'02"E a distance of 812.75 feet); S39'02'56"E a distance of 657.77 feet; 3. along the arc of a curve to the left having a radius of 1382.70 feet, a tangent of 358.41 feet, a central angle of 29°03'49", and a distance of 701.38 feet (chord bears S53°34'51 "E a distance of 693.89 feet); 4. S68°06'45"E a distance of 183.64 feet; thence departing said north right-of-way line of the Union Pacific Railroad S32058'40W a distance of 282.86 feet to a point on the northerly right-of-way of U.S. Highway 6; thence along said Highway 6 the following seven (7) courses: N70000'00"W a distance of 42.00 feet; 2. N75°21'30"W a distance of 214.10 feet; 3. N70°19'23"W a distance of 220.67 feet; 4, along the arc of a curve to the right having radius of 651.30 feet, a tangent of 146.28 feet, a central angle of 25'19'00", and a distance of 287.78 feet (chord bears N57°20'32"W a distance of 285.45 feet); N41 °25'02"W a distance of 175.49 feet; N44°41'02"W a distance of 155.40 feet; ATTACHMENT B 7, along the arc of a curve to the right having radius of 1985.00 feet, a tangent of 399.97 feet, a central angle of 22°47'05", and a distance of 789.38 feet (chord bears N56004'35"W a distance of 784.18 feet); thence departing said north right-of-way line of U.S. Highway 6 and continuing along the east line of the Second Amendment to CDOT Right -of -Way No. 1780, Book 17 recorded March 12, 2024 under Reception No. 202402625 the following three (3) courses: 1, N22024'07"E a distance of 100.48 feet; 2. N44°48'33"W a distance of 251.07 feet; 3. N07006'27"W a distance of 41.11 feet; thence departing said Second Amendment to CDOT Right -of -Way No. 1780, Book 17 and continuing along the north property line of Parcel 1 of the ALTAIACSM Land Title Survey deposited March 27, 2024 in Book 2, Page 1491 the following fourteen (14) courses: 1. N37°56'28"W a distance of 50.27 feet; 2. N51 05521 "W a distance of 101.46 feet; 3. N87°39'43"W a distance of 124.33 feet; 4. N85°01'39"W a distance of 114.17 feet; 5. N76°26'51"W a distance of 345.80 feet; 6. N85°30'08"W a distance of 54.23 feet; 7. N82°17'19"W a distance of 204.73 feet; 8. N59°51'09"W a distance of 81.36 feet; 9. N65012'32"W a distance of 51.15 feet; 10. N60°01'42"W a distance of 78.29 feet; 11. N55040'35"W a distance of 142.13 feet; 12. N64026'44"W a distance of 177.35 feet; 13. N68°18'07"W a distance of 255.61 feet; 14. N79°00'14"W a distance of 40.00 feet; Thence departing said north line of Parcel 1 and continuing along the west line of Section 16 N01°40'57"W a distance of 255.27 feet to the True Point of Beginning; Said parcel contains 35.093 acres more or less. M. ATTACHMENT B EXHIBIT C Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s)he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, Colorado, consisting of ten (10) pages, including the page(s) of this Exhibit C, and that the signature of the Petitioner thereon was witnessed by the circulator and is the true and original signature of the person whose name s(he) purports to be, and that the date of such signature is correct. Circulator STATE OF {/ ) ss. COUNTY OF The foregoing Affidavit of Circulator was subscribed and sworn to before me this a14 day of , 203�5byt Witness my hand and official seal. My commission expires: Notary Public: SHERRY LEE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034013043 MY COMMISSION EXPIRES NOVEMBER 10, 2026 C-1 ATTACHMENT B v.«N,.wNrrhW✓rw� ws.pi—.rrarr�Jar r.a,.r.✓Unx b . r. w....w.Ny ..I wn r MNYIy r n,..,. ✓ Ipa n.. M r. w W wary Y. w.r.w.ly M y�/ �=w ..J Y 1 w...wr.. win Y•�M.b n, Mr�y • .AU r1. �YWL ti��. ViN w,r��.w. n �.wM wwww .y�✓-�wyr.�rayrTr �rr1T � � ae WiJffr/lM..% r YYr. n... llJ—rs •aMMy. nnr Y un aµ l'. ar.n. ✓Jain J 1: :�"i..e. .w ruJ�ixo:r.r+�. ✓+.Ja r`,C:—. 1 w�riMti.wr.. rrhu l.�{ Vti.rw.. MlM,wryM.at wJr1 J �_ rt��www•arJ!'wl�. r,w. Jlei Vy,.. ww. a—..w�i w—�i M Jrmai w wr a qJr •w r wrJ rw f,.l wrm I r✓ti� � r r w..r r ANNEXATION MAP -PHASE 1 A PARCEL OF LAND SITUATED N THE THE NW 1/4 OF SECTION 15 AND THE SW 114 OF THE NE 1/4 OF SECTION 16 TONOW 5 SOUTH, RANGE W WEST OF THE BIH PM COUNTY OF EAGLE, STATE OF COLORADO SHEET 1 I � YIWfYMOP COMMO AR MAO W4► r..J1T wJ M.JO a A Muq—+ww �.rr. ` a I q. Nulm 1� IF+I €!AH aNwavo sceRTMATZ a Jaarm r uw M r Jrt.1 JmJ � ,� s � s 2 = i Ns i 1 OF 2 ATTACHMENT B -� ---- ANNEXATION MAP -PHASE 1 A PARCEL OF LAND SITUATED N THE NW 1/4 OF SECTION 16 AND THE SW 1/4 OF THE NE 1/4 OF SECTION 16 TOWNSW 5 SOUTH, RANGE 81 WEST OF THE M PJA COUNTY OF EAGLE, STATE OF COLORADO SHEET 2 :�• .�.r � .,�. x,r.. a ..ter _ s"s.mraau t' rs,xsver..wresJ `[max r ' � c.a n.r /oe. on.r .wvrxa ! 1 \ cre s,.R sw,eo cr,...w rnrssat�t w,....s�•, I ..,rx.rpyw.en \ Ir xiaar .oar I f \ I II Lcgcw I 1 I t Ct*W L[&F I vS wr q/p( ,Ytu ![MGa. al.pE,f P�OO P. R.a4 /.aLtxr � u r.r n• ... wew n.v .,. ,er a.w � �� t7 R �x W 2OF2 ATTACHMENT C Colo. Rev. Stat. § 31-12-107 Section 31-12-107 - Petitions for annexation and for annexation elections (1) Petition for annexation in accordance with section 30 (1)(b) of article II of the state constitution: (a) Persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets and alleys and any land owned by the annexing municipality, meeting the requirements of sections 31-12-104 and 31-12- 105 may petition the governing body of any municipality for the annexation of such territory. (b) The petition shall be filed with the clerk. (c) The petition shall contain the following: (I) An allegation that it is desirable and necessary that such area be annexed to the municipality; (II) An allegation that the requirements of sections 31-12-104 and 31-12-105 exist or have been met; (III) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (IV) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (V) The signatures of such landowners; (VI) The mailing address of each such signer; (VII) The legal description of the land owned by such signer; (VIII) The date of signing of each signature; and (IX) The affidavit of each circulator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be. (d) Accompanying the petition shall be four copies of an annexation map containing the following information: (I) A written legal description of the boundaries of the area proposed to be annexed; (II) A map showing the boundary of the area proposed to be annexed; casetext Section 31-12-#T.TAgblii"FtB SS§ 31-12-107 (III) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (IV) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. (e) No signature on the petition is valid if it is dated more than one hundred eighty days prior to the date of filing the petition for annexation with the clerk. All petitions which substantially comply with the requirements set forth in paragraphs (b) to (d) of this subsection (1) shall be deemed sufficient. No person signing a petition for annexation shall be permitted to withdraw his signature from the petition after the petition has been filed with the clerk, except as such right of withdrawal is otherwise set forth in the petition. (f) The clerk shall refer the petition to the governing body as a communication. The governing body, without undue delay, shall then take appropriate steps to determine if the petition so filed is substantially in compliance with this subsection (1). (g) If the petition is found to be in substantial compliance with this subsection (1), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed. If it is not in substantial compliance, no further action shall be taken. (2) Petition for annexation election in accordance with section 30 (1)(a) of article II of the state constitution: (a) The registered electors may petition the governing body of any municipality to commence proceedings for the holding of an annexation election in the area proposed to be annexed. This petition shall meet the standards described in paragraphs (c) and (d) of this subsection (2) and either: (I) Shall be signed by at least seventy-five registered electors or ten percent of said electors, whichever is less, if such area is located in a county of more than twenty-five thousand inhabitants; or (II) Shall be signed by at least forty registered electors or ten percent of said electors, whichever is less, if such area is located in a county of twenty-five thousand inhabitants or less. (b) The petition shall be filed with the clerk. (c) The petition for annexation election shall comply with the provisions of paragraph (c) of subsection (1) of this section; except that: (I) Rather than an allegation of any certain percentage of land owned, it shall contain an allegation that the signers of the petition are qualified electors resident in and landowners of the area proposed to be annexed; and (II) The petition shall request the annexing municipality to commence proceedings for the holding of an annexation election in accordance with section 30 (1)(a) of article II of casetext 2 Section 31-12-#T.TAgblii"FtB SS§ 31-12-107 the state constitution. (d) The requirements and procedures provided for in paragraphs (e) and (f) of subsection (1) of this section shall be met and followed in a proceeding under this subsection (2). (e) If the petition is found to be in substantial compliance with this subsection (2), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed, subject thereafter to an annexation election to be held in accordance with section 31-12-112. If the petition for an annexation election is not found to be in substantial compliance, no further action shall be taken; except that the governing body shall make such determination by resolution. (3) Procedures alternative: The procedures set forth in subsections (1) and (2) of this section are alternative to each other and to any procedure set forth in section 31-12-106; except that a petition for annexation election filed pursuant to subsection (2) of this section shall take precedence over an annexation petition involving the same territory and filed pursuant to subsection (1) of this section if such petition for annexation election is filed at least ten days prior to the hearing date set for the annexation petition filed pursuant to subsection (1) of this section. (4) Additional terms and conditions on the annexation: Additional terms and conditions may be imposed by the governing body in accordance with section 31-12-112. (5) If a petition is filed pursuant to subsection (1) or (2) of this section and the territory sought to be annexed meets the specifications of section 31-12-106(1), the governing body of the municipality with which the petition is filed shall thereupon initiate annexation proceedings pursuant to the appropriate provisions of section 31-12-106(1). In the event that any governing body fails to initiate such annexation proceedings within a period of one year from the time that such petition is filed, annexation may be effected by an action in the nature of mandamus to the district court of the county where the land to be annexed is located, and the petitioner's court costs and attorney fees incident to such action shall be borne by the municipality. (6) No proceedings for annexation to a municipality may be initiated in any area which is the same or substantially the same area in which an election for annexation to the same municipality has been held within the preceding twelve months. (7) For the purpose of determining the compliance with the petition requirements in this section, a signature by any landowner shall be sufficient so long as any other owner in fee of an undivided interest in the same area of land does not object in writing to the governing body of the annexing municipality within fourteen days after the filing of the petition for annexation or annexation election. The entire area of the land signed for shall be computed as petitioning for annexation if such signing landowner has become liable for taxes in the last preceding calendar year or is exempt by law from payment of taxes. One who is purchasing land under a written contract duly recorded shall be deemed the owner of the land which is subject to the contract if he has paid the taxes thereon for the next preceding tax year. The signers for an area owned by a corporation, whether profit or nonprofit, shall be the same persons as those authorized to convey land for such corporation. (8) No power of attorney providing the consent of a landowner to be annexed by a municipality pursuant to this section shall be valid for a term of more than five years, and casetext 3 Section 31-12-#T.TAgblii"FtB SS§ 31-12-107 no such power of attorney executed before May 27, 1997, shall be valid for a term of more than five years after May 27, 1997. C.R.S. § 31-12-107 L. 75: Entire title R&RE, p. 1080, § 1, effective July 1; (1)(d)(IV) amended, p. 1452, § 12, effective July 1. L. 87: (1)(e) and (1)(g) amended, p. 1219, § 3, effective May 28. L. 97: (5) amended and (8) added, p. 995, § 3, effective May 27. L. 2010: IP(1), (1)(a), (1)(c)(III), (1) (g), IP(2), (2)(a), (2)(c)(II), and (2)(e) amended, (HB 10-1259), ch. 211, p. 914, §5, effective August 11. This section is similar to former §§ 31-8-103 and 31-8-107 as they existed prior to 1975. casetext 4 ATTACHMENT C Colo. Rev. Stat. § 31-12-108 Section 31-12-108 - Setting hearing date - notice given (1) As a part of the resolution initiating annexation proceedings by the municipality or of a resolution finding substantial compliance of an annexation petition or of a petition for an annexation election, the governing body of the annexing municipality shall establish a date, time, and place that the governing body will hold a hearing to determine if the proposed annexation complies with section 30 of article II of the state constitution and sections 31- 12-104 and 31-12-105 or such provisions thereof as may be required to establish eligibility under the terms of this part 1. The hearing shall be held not less than thirty days nor more than sixty days after the effective date of the resolution setting the hearing. This hearing need not be held if the municipality has determined conclusively that the requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have not been met. (2) The clerk shall give notice as follows: A copy of the resolution or the petition as filed (exclusive of the signatures) together with a notice that, on the given date and at the given time and place set by the governing body, the governing body shall hold a hearing upon said resolution of the annexing municipality or upon the petition for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 and is considered eligible for annexation. Said notice shall be published once a week for four successive weeks in some newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the notice and resolution or petition, or the summary thereof, shall be returned when the publication is completed, the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof, and a hearing shall then be held as provided in said notice. A copy of the published notice, together with a copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the board of county commissioners and to the county attorney of the county wherein the territory is located and to any special district or school district having territory within the area to be annexed at least twenty-five days prior to the date fixed for such hearing. The notice required to be sent to the special district or school district by this subsection (2) shall not confer any right of review in addition to those rights provided for in section 31-12-116. (3) The governing body of the annexing municipality, from time to time, may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of a hearing shall be so continued unless at least one hour of testimony has been heard. C.R.S. §31-12-108 L. 75: Entire title R&RE, p. 1083, § 1, effective July 1. L. 87: (2) amended, p. 1220, § 4, effective May 28. L. 2010: (1) and (2) amended, (HB 10-1259), ch. 211, p. 916, §6, effective August 11. This section is similar to former § 31-8-108 as it existed prior to 1975. casetext Section 31-12-108 - Setting heafir�TT t�CP18 Mi TnC Colo. Rev. Stat. § 31-12-108 0 casetext ATTACHMENT C Colo. Rev. Stat. § 31-12-108.5 Section 31-12-108.5 - Annexation impact report - requirements (1) The municipality shall prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section 31-12- 108 and shall file one copy with the board of county commissioners governing the area proposed to be annexed within five days thereafter. Such report shall not be required for annexations of ten acres or less in total area or when the municipality and the board of county commissioners governing the area proposed to be annexed agree that the report may be waived. Such report shall include, as a minimum: (a) A map or maps of the municipality and adjacent territory to show the following information: (I) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; (II) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and (III) The existing and proposed land use pattern in the areas to be annexed; (b) A copy of any draft or final preannexation agreement, if available; (c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; (d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; (e) A statement identifying existing districts within the area to be annexed; and (f) A statement on the effect of annexation upon local -public school district systems, including the estimated number of students generated and the capital construction required to educate such students. C.R.S. § 31-12-108.5 L. 87: Entire section added, p. 1220, § 5, effective May 28. casetext TO: Honorable Mayor Underwood and Council members FROM: Charlotte Lin, Sustainability Manage & Avon Sarah Smith Hymes, Sustainability Coordinator RE: Avon Commercial Composting Pilot C o L O H A D o DATE: August 21, 2025 SUMMARY: This report presents the result of the commercial composting outreach and research effort following the March 11 work session, including a proposal for a 12-month initial compost pilot program for Avon restaurants and other food -serving businesses such as hotels, as well as suggested financial models for free and subsidized pilot programs. Establishing an Avon Composting Program is a 2025 Department Goal. The purpose of the pilot is to determine whether diverting food waste from Avon's restaurants is a viable, cost-effective way to help achieve the community's greenhouse gas ("GHG") reduction goals. The pilot will include a limited number of highly interested businesses that are willing to make immediate adjustments to their operations to accommodate food waste diversion. Every restaurant is unique, so the pilot will enable practical data collection to build case studies and precise financial models for ongoing operations. Council direction is requested on the timing and funding level of the pilot. Options include: AVON-FUNDED OPTION: A. Allocate $40,000 to launch 12-month pilot, fully funded by Avon, for late 2025 launch. B. Allocate $30,000 to launch a 12-month pilot with 25% restaurant match for late 2025 launch. C. Allocate $20,000 to launch a 12-month pilot with 50% restaurant match for late 2025 launch. Regardless of funding level, Staff will pursue the Colorado Department of Public Health and Environment's ("CDPHE") Colorado Circular Communities ("C3") grant to supplement these expenses. The C3 grant has two levels that are suitable for our purpose: 6-month mini grants (up to $50K), and the 18-month impact grant (up to $250K). GRANT -ONLY OPTION: D. Delay launch pending $50K mini grant funding through C3 2025 Application. E. If grant application is unsuccessful in 2025, delay launch pending $50K mini grant funding through C3 2026 Application. F. Pursue the larger $250K impact grant funding through C3, which would allow for an extended pilot of 18 months. In addition to funding requests, Staff also requests Council direction to: G. Approve an RFP for a single hauler for composting. H. Provide feedback on additional suggestions. BACKGROUND: Staff presented a detailed report (Attachment A) to Council in March 2025 meeting which outlines: • The benefits of composting (methane reduction, soil health restoration for carbon sequestration). • Contribution to Avon's GHG reduction goals (waste accounts for 7% of Avon's GHG). • Analysis of current composting programs underway in Vail, Eagle, and Aspen. • Comparison of curbside, drop-off, and hybrid compost programs. • Proposal for 5-year roll out of residential and commercial composting. 970-748-4083 clin@avon.org Composting programs in other communities demonstrate both feasibility and community value — City of Aspen (Ordinance: Phase 1 — Retail Food License): Since the launch in October 2023, Aspen has achieved 100% compliance with food -serving businesses and has seen an increase in organics diversion by 70%. Hauler data pre and post implementation of the ordinance indicates that at least 40% of the retail food licensee waste stream is being diverted to compost. Town of Eagle (Residential Program): As of Q1 2025, 81 % of households in the Town's hauling contract have compost bins, and 38% of all households are actively composting. Combined with recycling, this has lifted Eagle's overall diversion rate above 20%, with compost alone accounting for 6-7% of total waste diversion. Comparable Mountain and Resort Communities: o Telluride (CO) offers a 30% rebate to businesses, HOAs, and schools that contract with a local hauler, (grant funded) o Teton County (WY) is piloting a one-year USDA -funded program that provides a 50% discount on commercial compost pickup, with the goal of maintaining affordable pricing after grant support ends. o Other towns provide targeted support such as free indoor containers (Truckee), small innovation grants (Frisco), free compost pails for sign-ups (Steamboat), signage and training resources (Boulder), and shared enclosures for businesses (Breckenridge). These examples highlight that both residential and commercial composting programs can succeed when paired with the right mix of incentives, education, and logistical support. They also show that Avon's consideration of a pilot program is consistent with trends across mountain communities working toward greenhouse gas reduction and circular economy goals. In March, Council directed Staff to start with a commercial compost pilot. Staff interviewed 39 restaurant operators as well as the property managers of the mixed -use buildings that house Avon restaurants. The purpose of the interviews was to gauge interest in composting and identify obstacles and concerns. Staff also contacted local haulers to determine their interest in expanding commercial compost service in Avon and to get cost estimates and input on scheduling and logistics. Staff did not interview City Market because it has already been composting with Evergreen Zero Waste for many years. ANALYSIS: The response to composting from Avon restaurants was positive overall. A handful are highly motivated, three have no interest at all, and most fall somewhere in the middle (i.e. willing to consider composting if all concerns can be addressed and property managers approve). Property managers of mixed -use buildings embed the cost for trash collection and common area maintenance in tenant rent. Therefore, the decision to accommodate composting is in the hands of the property owners/managers, not the restaurants. Decision -makers will require a detailed proposal including financial modeling to consider a composting program. This report only provides a summary of the outreach results; a more detailed record can be found in Exhibit A: Full Outreach Research & Program Recommendations (Attachment B). STAKEHOLDER CONCERNS Restaurants and property managers share many of the same concerns, primarily: • Space constraints for additional containers both indoors and out • Smell and "yuck factor" perceived to be worse than mixed trash, both indoors and out Page 2 of 5 • Need for more frequent hauler pick-up than mixed trash • Additional labor cost to manage the additional waste stream • High staff turnover and need for bilingual training • Workflow disruption and resistance to compliance • Wildlife -proof bins being expensive and difficult to handle • Additional cost associated with a new waste stream • Benefits of composting cancelled out by GHG emissions from hauler transport OTHER CONSIDERATION • Contamination from non-compostables can undermine the value of compost. The risk is high unless there are accountability and ongoing education. Aspen switched from shared dumpsters to dedicated bins to hold each restaurant accountable for contamination. • Cost concerns of commercial composting will inhibit widespread adoption unless it is cost -neutral for businesses; density in collection routes will keep costs reasonable, especially given the restaurant requirement for frequent pick-up. We recommend an RFP for a single hauler contract for competitive pricing and accurate forecasting. A single -hauler approach would also reduce on - road traffic from hauling. • The full climate benefit of composting only happens if it is applied to the soil where it sequesters carbon and improves water retention, so providing easy, free access to compost is an important component of the program. Activities that are "restorative and regenerative" and "contribute to the advancement of a circular economy in Colorado" are requirements of the Colorado Circular Communities ("CT) grants program. • Financial sustainability of the program after the pilot, whether supported by Town's own budget or by grants, needs to be considered. More grant information is provided in the "Financial Consideration" section of this report. • Messaging the value of compost, to view discarded food as a natural resource, not waste, will build community support for composting and lay the groundwork for program expansion. FINANCIAL CONSIDERATIONS: Start-up and ongoing costs for composting will vary significantly depending on the scale of operations, seasonality, type and number of containers, and hauling frequency and logistics. Staff developed preliminary cost estimates to illustrate the range of expenses that participating businesses may incur during a twelve-month pilot. These estimates highlight the diversity of business needs and the importance of flexible program design. ESTIMATED 12-MONTH COST BY BUSINESS TYPE: Hotel (one example): Estimated at $10,800 to $17,000 for 12 months, based on the hotel's estimated volume of compost generation and corresponding pick-up frequency needed. Small to Mid -size restaurants (four examples): Estimated at $11,500 to $17,600 for 12 months. Costs vary by container size and hauling and logistics. Total estimates: $22,300 to $34,600 to support one hotel plus four restaurants. Page 3 of 5 Grant Funding is available through Colorado Circular Communities ("CY) program, which accepts applications for mini and impact grants on a rolling basis. Staff recommends considering both the 6-month mini grants (up to $50K), and the 18-month impact grant (up to $250K). The rolling -basis deadline means application. All applicants are limited to one (1) Colorado Circular Communities Enterprise funding award per calendar year. It is worth noting that hauling fees are frequently excluded from grants. From the C3 website: To qualify for C3 funding opportunities, projects must promote a circular economy, which: • Uses a systems -focused approach that involves industrial processes and economic activities that are restorative or regenerative by design; • Enables resources used in industrial processes and economic activities to maintain their highest value for as long as possible, and; • Aims to eliminate waste through the superior design of materials, products, and processes, including business models. • Circular economy projects include waste aversion and diversion efforts, accomplished through sustainable design, remanufacturing, distribution/market development, source reduction, reuse, repair, recovery, collection, recycling, composting, anaerobic digestion, or biochar production. RECOMMENDATION: Staff recommends launching a 12-month restaurant pilot program for the high - interest businesses. The total estimates offered above show that $22,300 to $34,600 is needed to fully support one hotel plus four restaurants for 12 months. To ensure flexibility and account for extra expenses (e.g., more restaurants joining the pilot), a 15% contingency is recommended. This brings the maximum projected cost to $39,790 and staff recommends allocating a budget not exceeding $40,000 from the Bag Fee Fund for this purpose. If Council desires a larger pilot reach, additional funds could be considered from the Paper Bag Fund. The starting fund balance for the Paper Bag fund on January 1, 2025 was $148,517. Depending on Council direction, some expenses will occur in 2025 and some in 2026. Here are some other budget options for different levels of business cost -sharing and Town subsidy: AVON-FUNDED OPTION: A. Allocate $40,000 to launch 12-month pilot in 2025, fully funded by Avon. B. Allocate $30,000 to launch a 12-month pilot with 25% restaurant match for 2025 launch. C. Allocate $20,000 to launch a 12-month pilot with 50% restaurant match for 2025 launch. Options A to C will ensure the quickest launch within 2025. Regardless of the level of Town subsidy, Staff will still pursue the CDPHE's Colorado Circular Communities ("CY) grant to supplement these expenses. The C3 grant has two levels that are suitable for our purpose: 6-month mini grants (up to $50K), and the 18-month impact grant (up to $250K). Therefore, Staff also provides the following Grant -Only Options for Council's consideration; however, please note that grants often exclude hauling fees as an eligible item. Page 4 of 5 GRANT -ONLY OPTIONS: D. Delay launch pending $50K mini grant funding through C3 2025 Application. E. If grant application is unsuccessful in 2025, delay launch pending $50 K mini grant funding through C3 2026 Application. F. Pursue the larger $250K impact grant funding through C3, which would allow for an extended pilot of 18 months. In addition to funding requests, Staff also requests Council direction to: G. Approve an RFP for a single hauler for composting. H. Provide feedback on additional suggestions. Please note that hauling charges are one of the largest and most variable components of total cost. The estimates above are based on preliminary quotes. Issuing an RFP will not only improve cost certainty but could lower costs, expand participation, and strengthen competitive fairness. Other program considerations are detailed in Attachment B. Thank you, Charlotte and Sarah ATTACHMENT A: March 2025 Council Report ATTACHMENT B: Exhibit A: Full Outreach Research & Program Recommendations ATTACHMENT C: Public Comments Page 5 of 5 ATTACHMENT A TO: Honorable Mayor Underwood and Council members A FROM: Charlotte Lin, Sustainability Manager Avo n RE: Work Session: Avon Composting Program DATE: February 25, 2025 C o L Q H A [J o SUMMARY: The Avon Composting Pilot Program aims to address the significant environmental impact of organic waste in our community. The program is designed to align with the Eagle County Climate Action Plan's goal of diverting 80% of organics from the landfill by 2030. The report below provides details on possible composting models, costs and staff recommendations. Council directions are needed on several key decisions to move the program forward: Determine whether the program should focus on residential, commercial, or both sectors simultaneously. Decide the size of the pilot program or move directly towards a full -Town implementation. Choose which model to adopt — curbside, drop sites, or a hybrid approach. Decide whether the composting service should be offered for free or subsidized. Consider whether to use a single hauler for the entire program. Determine whether composting should be integrated into the existing Recycling ordinance or if a new ordinance should be created to make it mandatory. BACKGROUND: Eagle County Climate Action Plan, which the Town adopted in 2016, has the goal to "divert 80% of organics currently landfilled by 2030". Eagle County as a whole has made great progress with this in recent years. The Climate Action Collaborative (CAC) reported a 72% increase in organic waste diverted from landfill as compared to 2021. In 2023, 10,510 tons of organic waste was diverted from the landfill, contributing to an overall 31.5% material solid waste recycling rate in Eagle County. There is still a lot more work to do, but the sharp increase in organics diversion is highly encouraging as a key motivator for Avon to further contribute to this climate action. The 2018 Northwest Colorado Waste Diversion Study (Figure 1) revealed that food waste constitutes the largest source of inbound waste at the Eagle County Landfill at 30.1 %, posing a threat to long-term landfill capacity and contributing to greenhouse gas emissions, particularly methane. According to the US Environmental Protection Agency ("EPA"), methane is more than 25 times as potent as carbon dioxide at trapping heat in the atmosphere. Figure 1. Aggregated Eagle County Trash Results For Top Ten Most Prevalent Materials Food Waste =30.1% Construction Debris 13.9% Cardboard/1i•aft Other Plastic ll� 6.9% F11m, Bags & Wrap 5.1% Yard Waste 4.2% Textiles � 3.9% Residue � 3.5% Other Organics ® 2.8% Motor Veh Waste = 2.8% 970-748-4083 clin@avon.org Avon's 2024 Wedge Analysis shows that reducing waste (including organics) by 90% by 2050 is a high impact strategy to reach Net Zero - yet another motivator for Avon to pursue composting. Currently, available composting services in Avon are offered by Vail Honeywagon and Evergreen Zerowaste. Both companies provide commercial services, and Vail Honeywagon also provides a subscription -based residential drop-off service at the Avon Recycling Center (Attachment A). Vail Valley Waste and the new waste hauler in Eagle County, Apex (who took over Waste Management's services in 2024), have also to planning to start composting collection services in 2025. The 2024 Avon Community Survey contained a specific composting question: "Decomposition of food waste in the Eagle County landfill generates methane, which is 28 times more potent than carbon dioxide. Reduction of food waste through composting is an important climate action strategy. Are you interested in participating in a Residential Composting Pilot Program?" The result shows that 33% are very interested, 24% are somewhat interested and 7% already compost, which altogether shows 64% of interest in composting (Attachment B). This is another key motivator for the Town to seriously pursue a pilot compost program for our residents and ideally extend this service to businesses too. Avon has long recognized the impact of composting and made steps towards it. Firstly, Avon has hosted 3 annual Pumpkin Composting Programs over Halloween and Thanksgiving so far, collecting an average of around 4000 Ibs of pumpkin every year. In 2023, Avon passed Resolution 23-09 applied to the USDA Compost and Food Waste Reduction (CFWR) Grant in collaboration with the Town of Vail (Attachment C). The grant application proposed to provide a turnkey composting solution for all restaurants in Avon and Vail. Although the application was unsuccessful at that time, continued development on composting via a pilot program would provide more hands-on experience and data to strengthen future grant applications on composting. Both the Town of Vail and the Town of Eagle have more extensive residential composting services — the details are provided in the comparative analysis table below. Their respective practices have informed Avon how to design our own residential composting program. In addition, the City of Aspen has an ordinance banning organics from trash in commercial properties. Their work is included in this analysis for insights into commercial practices. Page 2 of 9 ANALYSIS: Municipal Comparative Analysis The Comparative Analysis comparing composting practices in the Town of Vail, Town of Eagle and the City of Aspen are summarized in this table: Town of Vail Town of EagleCriteria Program West Vail Curbside Compost Curbside Trash, Recycling & Organic Waste Diversion Name Pilot Program Compost Services Ordinance Partnership Vail Honeywagon Vail Honeywagon Evergreen ZeroWaste, Mountain Waste and Recycling Start Date 2021 2023 February 2023 (Ordinance) $8/month for single family $42.54/month (including Weekly collection of a 2-yard, Cost to (the real cost is $16/month; trash, recycling, and bear -proof compost dumpster Residents Vail subsidizes 50 /%). VH composting including bins); would be $225 per month; sets prices with multi- additional bins cost extra. multiple businesses may split family. the cost. 50% for one year for SF; 5% up to $50/month or as City purchased containers and Subsidies budget allows for MF N/A materials for businesses (annual budget of ($200,000 starting cost) $15,000). Participation 90 households, 2 HOAs 1,446 households (42% active participation after 1.5 100 households + restaurants years) (Phase1) Accepted All food waste, yard waste, All food waste, yard waste, All food waste, yard waste, Materials compostable service ware compostable service ware compostable service ware Challenges es Low participation, wildlife Bin issues, space constraints, education Space constraints, wildlife, concerns needs, uptake by residents staff turnover Future Plans Expand to East Vail (potentially with drop sites), Focus on HOAs, word -of- Phased rollout to all residents more marketing mouth campaigns by 2028 Additional Financial support for Pass -through costs to Vail Training videos, stakeholder Support income -qualified residents Honeywagon engagement Page 3 of 9 Additional Details Town of Vail • The program is open to West Vail residents. The East Vail expansion was dependent on interest, but VH would not move forward with curbside, so the options are now limited to drop sites or a single hauler operation that includes composting. • Applicants need to be full-time residents with Vail address as primary residence to be eligible; year- round residents prioritized. • Additional financial support is available for income -qualified residents. • Another marketing boost would help to increase participation. • Commercial composting with a rebate format is available; however, only12 businesses have participated over the last 3 years due to capacity and marketing constraints. • Future considerations include potential move to 32-gallon locking carts; a single hauler contract that includes composting, and an interest in more restaurant participation via organics ordinance. Town of Eagle • The service coverage includes single-family houses and multi -family complexes of eight units or less. • 330 households opted out of composting as it was an option. • There's been feedback regarding the difficulty with bins (e.g., hard to open, top-heavy, freeze shut in winter, compost gets stuck and smells). • Some residents in Eagle Ranch struggle with space for three bins in their garages due to HOA guidelines. • Residents need clear guidance and more education on how and what to compost; compost pail giveaways were helpful. • Community engagement included Town hall meetings and lunch & learns; they were effective but had limited reach. • Future plans include focusing on word-of-mouth and positive social norming campaigns, working through HOAs for better engagement. City of Aspen • Aspen's Greenhouse Gas Inventory: 16% of emissions related to landfilling materials. The goals are to reduce landfill waste of organics by 25% by 2025 and 100% by 2050. • Municipal solid waste contains approximately 46% organic material. • The composting program contains 3 phases - Phase 1: October 15, 2023 — Retail Food License (+100); Phase 2: January 15, 2026 — Commercial & Multifamily Properties and Phase 3: January 15, 2028 — City of Aspen Occupants. • Stakeholder engagement included surveys, newspaper ads, and personal visits to gather feedback and prepare for the ordinance. • The City of Aspen invested over $200,000 in materials and supplies to support the ordinance. The biggest expense included wildlife -resistant steel containers with a paddle latch system to prevent bears from accessing the compost. • The program includes staff training at restaurants, with a focus on Spanish-speaking staff and provided additional supplies like green Slim Jims and signage. There are also 3-minute training videos in English and Spanish to help new employees understand composting requirements. Page 4 of 9 Avon Composting Pilot Program Proposal Model Comparison There are 3 main ways that Avon can introduce composting to our community: Curbside, Drop Sites, or a Hybrid Model. The table below shows the details, as well as the pros and cons of the 3 models. A map with proposed drop-off sites is included (ATTACHMENT D). High - Residents place Moderate - Residents High - Offers both curbside Convenience bins for curbside pickup bring compost to drop and drop site options sites Participation Typically higher due to Potentially lower due to Potentially highest due to Rates convenience inconvenience flexibility Operational Highest out of 3 options. Lower than curbside Moderate - Combination of Costs both Lower - Centralized drop Moderate - Requires bear - Wildlife Moderate - Requires sites are bear -resistant resistant bins and monitored Concerns bear -resistant bins and can be locked and sites monitored Space Some residents may have No space constraints for Flexible - Residents can Constraints limited space for bins residents choose the best option Initial Setup Require investment in Requires investment in Requires investment in both bins and pails drop site infrastructure bins and drop sites Contamination Moderate — require Low, with occasional risk Moderate - Education needed Rates proper education of trash dumping. for both methods Education also needed Can be scaled by adding Easily scalable by adding Scalable by adjusting both Scalability more drop sites, but ideal more routes sites may be limited. components Community Requires ongoing Requires ongoing Requires ongoing education Engagement education and outreach education and outreach and outreach Participation and volume Monitoring and Easy to track participation collection are also easy. Requires monitoring of both Evaluation and volume collected Requires regular curbside and drop sites monitoring of drop sites Less flexible — residents More flexible - Residents Flexibility need to make room and can drop off at their Most flexible - Offers multiple adjustments to adapt this options new practice at home convenience Page 5 of 9 Avon Composting Program Proposal: The following Avon Composting Program Proposal takes the phased -approach seen in other municipalities, over a 5-year period. Avon's proposal starts with the residential side; a separate commercial plan will be provided after this section. The Year 1 proposal should be the focus as it is the most important for establishing a strong foundation for this program. Please note that while the entire time frame is 5 years, the pilot part of the program is only in year 1-2. Phase 1: Pilot Program (Year 1-2) The objective of Phase 1 is to test the feasibility and efficiency of composting. 1. Model options: curbside, drop sites, or hybrid. 2. Target area: Begin with the Wildridge neighborhood for curbside collection and/or 4-5 strategic drop sites across Town. 3. Partnership: Collaborate with a local waste management company chosen from the RFP. 4. Cost to residents: Subsidized fee (e.g., $8/month for curbside, free for drop sites). 5. Materials provided: a. Curbside: 5-gallon locking buckets (for multifamily) or 32-gallon bins (for single family; they can start with 5-gallon as well), educational materials, guidelines, and weekly collection. b. Drop Sites: Bear -resistant containers, signage, and educational materials. 6. Marketing and outreach: a. Launch a robust marketing campaign to raise awareness. b. Host community meetings and workshops. c. Provide clear guidelines and training in multiple languages. 7. Evaluation: a. Monitor participation rates and feedback. b. Collect composting data to evaluate diversion success. c. Assess the effectiveness of each model and identify any challenges. Phase 2: Expansion (Years 3) The object of Phase 2 is to expand the program based on pilot results and community feedback. The program will continue with the chosen model, ideally having improved the model based on the lessons learned during the pilot program. We will monitor existing sites, expand existing collection capacity, acquire more materials, adjust fees based on pilot results, grant outcomes, and budget. We will also conduct outreach with more multifamily properties to increase participation. Phase 3: Full Implementation (Years 4-5) The objective of Phase 3 is to achieve town -wide participation and optimize the program. We will finalize on that most effective model, fee structure, material maintenance. Marketing and education should be stable at this point. We can provide regular updates and success stories to keep the community engaged. We will continue to conduct annual reviews to assess program success and areas for improvement and adjust the program as needed to ensure long-term sustainability. Commercial Plan: The residential plan above is the key focus of the pilot program. However, the Town acknowledges that developing the commercial side of composting is crucial as our restaurants and businesses generate an enormous amount of food waste, as addressed in the waste composition study and the CFWR grant application. The following proposal follows a similar phased approach as the Page 6 of 9 residential program above. Staff will actively pursue grants to support this cost -intensive expansion. Similar to the residential program, the pilot component of this 5-year proposal is only in year 1-2. Phase 1: Pilot Program (Year 1-2) The objective of Phase 1 is to test the feasibility and gather initial participation from commercial properties. Target Businesses: Focus first on restaurants, cafes, and other food -related businesses. Partnership: Collaborate with local waste management company (chosen from RFP) and composting facilities. Cost to Businesses: Offer subsidized rates (or 100% subsidy during Phase 1) for the pilot phase to encourage participation. Materials Provided: a. Bear -resistant compost containers (e.g., 32-gallon carts or a 3-yard dumpster for a complex). b. Indoor compost bins (e.g., green Slim Jims) for kitchen and food prep areas. c. Educational materials and guidelines. 5. Marketing and Outreach: a. Conduct stakeholder meetings and workshops to introduce the program. b. Provide training sessions in English and Spanish. c. Distribute clear signage and instructional materials. 6. Evaluation: a. Monitor participation rates and feedback. b. Assess the effectiveness of the pilot and identify any challenges. Phase 2: Expansion (Years 3) The objective of Phase 2 is to expand the program to include other selected commercial properties based on pilot results. We will continue to adjust fees based on pilot results and budget, provide materials, resources and support as needed. We will also regularly review participation rates, contamination issues, and feedback. Phase 3: Full Implementation (Years 4-5) Objective: Achieve town -wide participation from all commercial properties and continue to improve the program based on data and needs. Considerations and Best Practices for Both Residential and Commercial • Wildlife Concerns: Use bear -resistant containers and educate businesses on proper storage. • Space Constraints: Offer different container sizes and solutions for businesses with limited space. • Education and Training: Provide clear, multilingual guidelines and training materials. • Community Engagement: Engage with businesses through meetings, workshops, and surveys. • Financial Support: Offer subsidies and financial support for businesses during the initial phases. • Stakeholder Collaboration: Work closely with business associations, chambers of commerce, and waste management companies. • Continuous Improvement: Regularly review and adjust the program based on data and feedback. Page 7 of 9 Education and training Education is a central tenet of Avon's Sustainability Program. The Avon Composting Education and Outreach Plan for the Avon Composting Program will embody that spirit with the objectives of: • Raise awareness about the composting program. • Educate residents and businesses on how to participate. • Encourage proper composting practices to reduce contamination. • Foster community engagement and support for the program. Potential activities may include: Workshops and Training: Host joint sessions for both residents and businesses to maximize resources and foster a sense of community. Educational Materials: Create unified materials that address both residential and commercial composting needs. Community Events: Organize events that bring together residents and businesses to share experiences and learn from each other. Based on Council direction, the Town will release an RFP to find the best hauler to provide the composting service. FINANCIAL CONSIDERATIONS: Please note that these estimates can change as haulers respond to the RFP. Hauler estimated costs Vail Honeywagon: Drop Site Cans: $39/quarter per household (additional cans can be added if suitable locations are found). Curbside Subscription: $18/month per household. o Requires a minimum of 70 participants in a specific area (e.g., West Vail). o Avon would use a 32-gallon cart compared to the 5-gallon bucket used in the Vail pilot. Apex: • Bearproof Containers (Monthly Pricing, Service 1 time per week): 0 2-yard: $128 0 3-yard: $192 0 32-gallon: $18 0 64-gallon: $36 0 96-gallon: $54 • No minimum household requirement for curbside composting. • Service can be increased to 2 times per week (pricing x2) on Tuesdays and Thursdays. • Initial container delivery fees vary by location and container size. • Ancillary fees are minimal, with contamination and overage fees at $12/yard. Page 8 of 9 Evergreen Zero Waste: Weekly Collection of a 2-yard Bear -proof Compost Dumpster: $225/month. Hauler can provide outreach and extra educational materials on -site. Curbside Collection is possible but recommended starting with designated neighborhoods. o Requires approximately 50 homes in a concentrated neighborhood for weekly collections. o Approximate monthly rate: $27/month per household. o Includes a loaned bucket for food scraps and the ability to set one paper yard waste bag alongside the bucket at no additional cost. TOWN MANAGER COMMENTS: I recommend that the next step is to solicit community input and interest in composting, present the options, and determine the level of interest. Deploying seven 3-yard compost bins for collection with pick-up twice per week would amount to an estimated $35,000 in annual cost and would provide this service for free to Avon residents. This seems like a more reasonable first step to determine actual interest. Curb side pick-up would cost each resident who opts in $324 per year. I am cautious that the "take rate" will be low for weekly curbside pick-up. Thank you, Charlotte ATTACHMENT A: Current Composting Services in Avon (as of early 2025) ATTACHMENT B: Community Survey Results on Composting ATTACHMENT C: USDA CFWR Grant Application Resolution 23-09 & Report ATTACHMENT D: Proposed Compost Drop Site Locations in Avon Page 9 of 9 1w ATTACHMENT Al tj 9 Zen r• 11 AT,191 'elk ire 0 VAIL HONEYWAGON ' Rubbish & Recycling r- w CFW-- jk ILM Vail Honeywagon ' * 970 76-3511 L i ■ • Ah 01011010 A Evergreen ZeroWaste 970-930-7900 ATTACHMENT A2 •ail �� } 1101S+ lbWS Si r Frith Vail Honavwanon i i r T-T Tl $39/3 months .a free compost bucket get free compost = _ Avon 'qERECYCLE TOG THERE ATTACHMENT B Avon AVON COMMUNITY SURVEY COMPOSTING Decomposition of food waste in the Eagle County landfill generates methane, which is 28 times more potent than carbon dioxide. Reduction of food waste through composting is an important climate action strategy to meet greenhouse gas emission reduction goals. Are you interested in participating in a Residential Composting Pilot Program? • 0 c 24% 10% 0% 0 ATTACHMENT C TO: Honorable Mayor Phillips and Council members A FROM: Charlotte Lin, Sustainability Coordinator ,nvo n RE: Resolution 23-09: Supporting the USDA Composting and Food Waste Reduction (CFWR) Pilot Program Grant Application c o L Q H A D o DATE: May 16, 2023 SUMMARY: The purpose of Resolution 23-09 (ATTACHMENT A) is to seek support from the Avon Town Council for the USDA Composting and Food Waste Reduction (CFWR) Pilot Program grant application. The Town of Avon and Town of Vail aim to secure up to $400,000 in grant funding to launch a two-year regional commercial composting pilot program (ATTACHMENT B). The program aims to (1) divert organic waste from local restaurants, (2) generate high -quality compost, (3) reduce greenhouse gas emissions, (4) promote an environmentally sustainable regional economy, and (5) contribute to the Eagle County's Climate Action Plan goal of diverting 80% of organic materials currently sent to landfills by 2030. By addressing the largest source of waste in the area, the Avon -Vail Commercial Composting Pilot Program will not only alleviate landfill overfilling concerns and reduce methane emissions but also promote job creation, sustainable tourism, and public awareness of composting practices and benefits. BACKGROUND: Organic waste diversion is currently a top priority in the Eagle County Climate Action Plan. The Town of Avon can increase our own composting effort in order to meet the high priority Climate Action Plan objective of diverting 80% of organic waste from the Landfill by 2030. The 2017 Northwest Colorado Waste Diversion Study (FIGURE 1) revealed that food waste constitutes the largest source of inbound waste at the Eagle County Landfill, posing a threat to long-term landfill capacity and contributing to greenhouse gas emissions, particularly methane. According to the US Environmental Protection Agency ("EPA"), methane is more than 25 times as potent as carbon dioxide at trapping heat in the atmosphere. Figure 1. Aggregated Eagle County Trash Results For Top Ten Most Prevalent Materials Food Waste art 30.1°/a Construction Debris 13.9 Cardboard/Kraft 8.1% Other Plastic 6.9% Film, Bags & Wrap N=, 5.1% Yard Waste 4.2% Textiles � 3.9% Residue M 3.5% Other Organics = 2.8% Motor Veh Waste = 2.8% Other than methane reduction, the EPA also notes the following benefits of composting: • Improving soil quality: Compost is a valuable soil amendment that can improve soil structure, water -holding capacity, and nutrient content. Using compost in agriculture and landscaping can help reduce the need for synthetic fertilizers and pesticides and can support healthy plant growth. 970-748-4083 clinAavon.orq Reducing erosion and nutrient runoff: Compost can help reduce erosion by improving soil structure and increasing soil organic matter content. It can also help reduce nutrient runoff and pollution by improving soil water -holding capacity and reducing the need for chemical fertilizers. Offering economic benefits such as reducing waste disposal costs and creating jobs in the composting and related industries. Offering social benefits such as educating communities about waste reduction and promoting sustainable practices. The purpose of the USDA CFWR program is to enter into cooperative agreements with eligible entities to develop and test strategies for planning and implementing municipal compost plans and food waste reduction plans. The USDA CFWR funds planning and implementation activities that will: • Generate compost, • Increase access to compost, • Reduce reliance on fertilizer, • Improve soil quality, • Encourage waste management business development, • Increase rainwater absorption, • Reduce municipal food waste, • Divert food waste from landfills. ANALYSIS: The Avon -Vail Commercial Composting Program fulfills many of the objectives of the USDA CFWR program described above. By launching a two-year regional commercial composting pilot program, the towns of Avon and Vail aim to tackle the pressing issue of diverting our restaurants' food waste. The program's objective is to establish a long-term partnership between town staff, local restaurants, and waste haulers, focusing on diverting organic waste, creating high -quality compost, and reducing greenhouse gas emissions. The proposed pilot project intends to engage local hauling vendors and utilize the local composting infrastructure. Additionally, the program will provide ongoing training and education for restaurant staff, as well as launch promotional and marketing campaigns to raise awareness and encourage participation. Through the Avon -Vail Commercial Composting Pilot Program, the towns aim to not only reduce landfill methane concerns, alleviate environmental burdens on underserved communities near the Eagle County Landfill, and promote waste hauler and restaurant business development, but also foster the growth of sustainable tourism and leverage related sustainability investments. Ultimately, Avon and Vail, as leaders in the mountain tourism industry, are eager to collaborate with local stakeholders and sustainability organizations to achieve positive climate and economic outcomes. FINANCIAL CONSIDERATIONS: The Avon -Vail Commercial Composting Pilot Program is requesting the amount of $400K with a matching contribution of 25% contributed by Avon and Vail. A detailed budget has been created and is currently being reviewed by staff at both Avon and Vail, as well as our grant consultant, Sustainable Strategies. The project team will be evaluating the pilot program implementation in an effort to begin developing the components necessary to keep the program sustainable in the future. Page 2 of 3 RECOMMENDATION: I recommend that Council passes Resolution 23-09 to support the USDA CFWR Pilot Program grant application. PROPOSED MOTION: "I move to approve Resolution 23-09, authorizing and supporting a grant application to the United States Department of Agriculture for the Composting and Food Waste Reduction Pilot Program. Thank you, Charlotte ATTACHMENT A: Resolution 23-09 Authorizing and supporting a grant application to the United States Department of Agriculture (USDA) for the composting and food waste reduction pilot program (CFWR) ATTACHMENT B: Avon -Vail Commercial Composting Pilot Program briefing sheet Page 3 of 3 A Avon C O L❑ R A❑ O RESOLUTION 23-09 AUTHORIZING AND SUPPORTING A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) FOR THE COMPOSTING AND FOOD WASTE REDUCTION PILOT PROGRAM (CFWR) WHEREAS, the Town of Avon ("Town") is a political subdivision of the State of Colorado, and therefore an eligible applicant for a grant awarded by the United States Department of Agriculture; and WHEREAS, the Avon Town Council supports the submittal of an application for a Compost and Food Waste Reduction Pilot Program (CFWR) grant from the United States Department of Agriculture for the launching and establishment of the Avon -Vail Commercial Composting Pilot Program; and WHEREAS, the purpose of the Avon -Vail Commercial Composting Pilot Program is to divert organic waste from local restaurants, generate high -quality compost, reduce greenhouse gas emissions, promote an environmentally sustainable regional economy, and contribute to the Eagle County's Climate Action Plan goal of diverting 80% of organic materials currently sent to landfills by 2030; and WHEREAS, the Avon -Vail Commercial Composting Pilot Program's purpose is to meet objectives outlined by the CFWR program to enter into cooperative agreements with eligible entities to develop and test strategies for planning and implementing municipal compost plans and food waste reduction plans; and WHEREAS, the proposed pilot project intends to engage local hauling vendors and utilize the local composting infrastructure, provide ongoing training and education for restaurant staff, as well as launch promotional and marketing campaigns to raise awareness and encourage participation in composting in the region; and WHEREAS, the Town of Avon is requesting $400,000 from the USDA for the Compost and Food Reduction Pilot Program with an additional 25% matching monies to fund the Avon -Vail Commercial Composting Pilot Program; and WHEREAS, the Avon Town Council finds the Avon -Vail Commercial Composting Pilot Program will promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby as follows: Section 1. The above recitals are hereby incorporated as findings by the Town. Resolution No. 23-09 May, 23 2023 Page 1 of 2 Section 2: The Avon Town Council strongly supports the application for a grant with the United States Department of Agriculture and strongly supports the fulfillment of the project. Section 3: If the grant is awarded, the Avon Town Council hereby authorizes the Mayor or Mayor Pro Tern to sign the grant agreement with the United States Department of Agriculture. Section 4: If the grant is awarded, the Avon Town Council authorizes the expenditure of funds necessary to meet the terms and obligations of the grant agreement, including the local match requirement. Section 5: This resolution to be in full force and effect from and after its passage and approval. ADOPTED May 23, 2023 by the AVON TOWN COUNCIL By: Amy Phillips, Mayor Resolution No. 23-09 May, 23 2023 Page 2 of 2 Attest: Miguel Jauregui Casanueva, Town Clerk A Avon kr C0L0FAO0 TOWN OF VAIL Avon -Vail Commercial Composting Pilot Program Colorado mountain resort communities' partner to launch a regional composting initiative. The Town of Avon and Vail, jointly seek up to $400,000 in USDA Compost and Food Waste Reduction Pilot Program (CFWR) grant funding with a 25% match, to launch a two- year regional commercial composting pilot program. With USDA funding assistance, Avon -Vail will establish a long- term partnership among town staff, area restaurants, and local waste haulers to divert organic waste, generate high - quality compost for local use, reduce GHG emissions, and continue to promote an environmentally sustainable regional economy. The towns will launch a joint composting project that will expand local composting infrastructure and capacity with the goal of reducing greenhouse gas emissions by 2177.85 tons a year. The pilot project will engage local hauling vendor/s and utilize an existing regional composting site. The program will also fund ongoing training and education for the staff of participating restaurants Avon and Vail which serve the region's 2+ million visitors and 60k residents estimated to be half of the restaurants. There are over 150 restaurants located in The projected pilot project participation is The scope of the pilot project includes: ■ Launch composting services for restaurants located in Avon and Vail. ■ Purchase and distribute composting supplies to participating restaurants. ■ Launch education and training program for restaurant personnel. ■ Launch promotional and marketing program for participants. ■ Monitor and collect data from the implementation of the program. Avon and Vail's Climate Action Plan includes a priority action of diverting 80% of organic materials currently landfilled by 2030. The region currently lacks an affordable industrial composting operation to pick up and compost organic waste from its 150+ restaurants that serve the region's 2+ million visitors and 60k residents. As a result, organic waste that could otherwise be easily composted is landfilled, threatening long-term landfill capacity, and driving anthropogenic climate change through methane and other greenhouse gas emissions. The 2017 Northwest Colorado Waste Diversion Study revealed that food waste (30.1 %) is by far the largest source of inbound waste at the Eagle County Landfill. In addition to the lack of composting infrastructure, a lack of knowledge about food waste diversion techniques among commercial food producers, as well as concentrated costs and diffuse benefits, hinder composting participation. Establishing the restaurant composting program would help Avon and Vail to tackle the biggest source of waste in Eagle County, thereby contributing significantly to the 80% organic waste diversion goal. The Avon -Vail Commercial Composting Pilot Program addresses a comprehensive infrastructure, education, and marketing initiative that enables regional partners to build a self-sustaining local composting system. The project will leverage other sustainability efforts already underway to further amplify the positive impacts of regional composting. Vail is a certified sustainable mountain resort destination as recognized by the Global Sustainable Tourism Council Page 1 5/18/2023 (GSTC). The accredited sustainable destination program sets forth global standards for sustainable travel and tourism and is offered to those who value stewardship of their communities. Avon enacted a ban on plastic grocery bags to reduce landfill waste, passed a new universal recycling ordinance going into effect November 2023, and is overhauling its municipal irrigation system to reduce water consumption and reliance on artificial fertilizers. Benefits of the project include boosting organic waste diversion, alleviating landfill overfilling concerns, reducing methane emissions, reducing waste hauling transportation emissions, reducing environmental burdens on underserved communities living near the Eagle County Landfill, promoting waste hauler and restaurant business development, fostering the growth of sustainable tourism, promoting public awareness of composting practices and benefits, supporting job creation at the Avon recycling center, and leveraging related sustainability investments. As leaders in the mountain tourism industry, Avon and Vail look forward to partnering with local restaurants, businesses associations, waste haulers, and sustainability organizations to boost climate and economic outcomes. For more information, please contact Charlotte Lin, Sustainability Coordinator at the Town of Avon, at 970-748-4083 or clin(a)avon.o% A*nL= .4von 'qW COMPOST TOGETHER ENV Page 2 5/18/2023 •1,T111• ?71 I"* 6� •1N!A l [• FOREVER ATTACHMENT B Exhibit A: Full Outreach Research & Program Recommendations This document contains additional commercial composting information based on the outreach efforts conducted between March and August 2025. Concerns Below is a summary of key concerns we heard from various business stakeholders. '—Categories Stakeholder Comments Outdoor space • A property manager expressed reservations regarding spatial limitations. She indicated that there is currently no available outdoor space at their waste enclosure to accommodate additional dumpsters. However, she committed to discussing the matter further with the building owner. • Aesthetic considerations were also raised. The existing waste enclosures are at capacity and are located near outdoor dining areas. Adding a new dumpster in this space could negatively impact the visual appeal and customer experience. Indoor space • Stakeholders noted the need for flexibility in container sizing to accommodate the diverse layouts and constraints of their restaurants. • Several stakeholders highlighted that kitchen and prep areas are already operating at full capacity, leaving little room for additional bins or sorting stations. Introducing new workflows is possible but would need assistance. • Operational feasibility during peak service hours was a concern. Restaurant staff may find it difficult to consistently separate food waste during busy periods, potentially impacting the effectiveness of the program. However, they would be willing to design a system that minimizes disruption to existing workflows. Smell • Requires frequent and reliable pickup especially in the summer. • There is a perception that food waste smells stronger than that of mixed trash. • Lingering smell in the containers is a concern. Compostable liners and additional cleaning may be needed. • Ventilation strategies for indoor containers may be needed. Wildlife Stakeholders expressed concern that food waste could attract wildlife more than mixed trash. • There could also be extra cost associated with wildlife -resistant outdoor dumpsters. Food prep versus One restaurant expressed a willingness to separate food waste generated during leftover preparation (i.e., clean, pre -consumer waste), but voiced discomfort with handling post -consumer waste such as customer leftovers. This concern was rooted in hygiene, staff workload, and the perceived unpleasantness of managing uneaten food. Staff education While some restaurant managers expressed openness to participating in the program, they noted that restaurant owners, often the final operational decision makers, may require additional education and engagement. Pickup frequency • Several stakeholders indicated a preference for early morning waste collection to and time minimize disruption during business hours. This timing would help avoid interference with customer service and kitchen operations. • More frequent pickups could allow for the use of smaller containers that are easier to store indoors. These containers could be rolled out for early morning collection, reducing both space and odor concerns while maintaining operational efficiency. Final decision • While many restaurants are supportive of the program, final approval often maker depends on property managers, who, in turn, defer to building owners. This multi - layered approval process is complex and time-consuming. Avon Staff Concerns These additional concerns are not brought up by businesses, likely due to the lack of experience or knowledge about composting. However, these concerns have surfaced via peer community research and are very important to consider as well. • Food waste contamination which must be kept at a minimum for composting success. Possible contaminants include sauce packets, vegetable/fruit stickers, rubber bands, etc. • Based on Aspen's experience, minimizing contamination requires holding each restaurant accountable, which means dedicated bins at each restaurant. If the food waste is contaminated, it can't be composted which undermines the entire undertaking. However, accountability only works if there is oversight, as there is in Aspen. Avon would need to strengthen our own enforcement practices around waste contamination. • Financial sustainability of the program after the pilot, whether supported by Town's own budget or by grants. More grant information and financial sustainability proposal is provided in the "Financial Recommendations" section of this report. • Ideally, since separating out food waste means a lighter trash load, the overall cost of including composting in the overall package would hopefully be roughly the same as a trash & recycling only package. On the other hand, it is reasonable to expect a higher cost with a higher pickup frequency for composting. The breakeven point is also impacted by the landfill vs compost tipping fees, which vary based on location and hauler. • An RFP is recommended to ensure the best pricing package. • An RFP to consider a single -hauler approach for composting is recommended as having 4 different haulers doing frequent pickup in Town would be inefficient for cost and add significant GHG emissions. One hauler is looking into electric trash trucks, but only at the exploration stage. RECOMMENDATION: Recommendations are separated into three categories: (1) program, (2) finance, and (3) Request for Proposal ('RFP"). Avon aims to function as a facilitator and incubator for businesses that are motivated to compost but have hit obstacles they couldn't overcome individually (e.g. availability of affordable frequent pick-up, lack of expertise, uncooperative building management, staff training, etc.). The pilot is similar to other studies Avon has funded that provide data to inform future Council decisions. All costs for the pilot period would include bins, consumable supplies, hauling and staff training. Program Recommendations To ensure a successful and scalable composting initiative, the following programmatic strategies are recommended: • Launch with highest -interest participants in 2025 o Begin with businesses that have already expressed strong interest and have initiated multiple follow-ups with Town staff on this composting initiative. This will allow the Town to gather practical insights, build case studies, and demonstrate early success. We have identified approximately 5 restaurants (including a hotel) that we can start with. These restaurants cover business types such as hotels, plazas with multiple restaurants, and individual restaurants. Piloting with all of these business types would help us gain valuable insights from each of them. o We set the criteria for participants to provide the data we need. o Ask businesses to submit a formal application to join the pilot program - outlining their interest, current capabilities, budget, and specific needs they want Avon to support them with. This would level the playing field and avoid any appearance of favoritism. o A draft application form is included in Attachment C. • For other businesses — design and allow a partial participation model o Create a partial participation structure based on varying readiness levels. The key is progress not perfection, which encourages businesses to participate where they are at, instead of not participating at all. o Example of partial participation can include: 4 a single compostable stream: prep -only waste, BPI -containers, pizza boxes; -w infrastructure -only preparation: efforts to redesign layout or service routine to accommodate for composting, arrange for staff training with Avon Sustainability; + volume -based participation: start with a test slim-jim only, before committing to a full 32 gallon or larger container. • A single business from a complex participating, hence not being blocked by slower - moving neighbor businesses. • Support trash enclosure expansion o Consider assistance to businesses and HOAs to expand or modify trash enclosures. This need has been consistently identified since the adoption of the Recycling Ordinance. • Evaluate a phased organics disposal ban o Explore a 2026 organics ban for commercial and mixed -use buildings, contingent on the development of a local organics processing facility. A town -wide mandate may be ideal to reach our Climate Action Plan goal but may not currently be equitable. • Develop a business case presentation for property owners o Develop a presentation that outlines the financial, operational, and environmental benefits of composting, tailored to property owners and final decision -makers. o The pilot program can greatly improve the impact of this presentation. • Offer a "Compost Coach" program within the Sustainability Division The sustainability department can provide hands-on training similar to the recycling ordinance training offered to businesses and multi -families • Promote successes and progress with 2025 pilot participants o Publicize pilot successes with early adopters through signage, local media, and social platforms to build momentum and community support. • Mandatory use of compostable liners - mitigate odor and wildlife risks before the program begins o Compostable liners are available even for 96-gallon totes; a mandatory use of liners can significantly mitigate odor and help control pickup frequency. The downside to this is that bags hide contamination and inhibit decomposition at the compost facility. Compost facility operators request that bags be left untied or they split bags open at the compost site to expose the oontents to inspection and decomposition. o Incorporate best practices for containment, bearproofing, and ventilation into program design to address stakeholder concerns about wildlife and smell. • Design a monitoring and evaluation framework before the program begins o Establish an internal system to track participation rates, contamination levels, and cost- effectiveness to inform future program phases and funding decisions. ATTACHMENT C From: > Sent: Thursday, August 21, 2025 12:23 PM To: Council Everyone Group <council@avon.org> Cc: Sarah Smith Hymes <shymes@avon.org> Subject: Composting program Good afternoon Council, As manager of the Avon Plaza Condo Association at 150 E Beaver Creek Blvd I would like to weigh in on behalf of the Association in regards to your considerations of a composting program for local restaurants. Avon Plaza is home to Sabor Mazatlan Mexican Restaurant and we also share our dumpsters with 51 Beaver Creek Place which is home to the Farmers Market store and cafe. Avon Plaza is also home to 16 other businesses. In general the Association supports recycling; and note that we have 8-yard cardboard dumpster and 2-rolling carts for mixed stream that are emptied 3X a week by Vail Valley Waste and have participated in this ever since recycling became available. But I would note that when the building was built about 1997 there was no recycling planned for in the layout, only one dumpster shed for an 8-yard dumpster was planned for. 51 Beaver Creek Place was built in the 1980's and doesn't even have a place for a dumpster without taking out parking and placing it directly in front of the building. For decades they shared the dumpster at the ANB Bank location but ANB cut them off probably 10-years ago and in the interest of helping a neighbor with a problem Avon Plaza agreed to a cost sharing agreement for trash. Currently we have a 2-8 yard dumpsters and a grease dumpster for Sabor Mazatlan on the property. Only the recycle is in a shed, the trash dumpster was placed in part of what was intended as a Loading zone and the grease dumpster takes up a parking space. We are chronically short of parking (I often have had to park on the street or at City Market mid day during the winter) . As such, we honestly do not have a square foot to spare to place any more composting carts. The carts really need to be in a shed in the winter as well as they would be very difficult to deal with in terms of removing snow around them (can't just plow them out) and they are not exactly attractive. Our shed is wall to wall full now. As we are totally maxed out on parking spaces per the town code (and in person see it maxed out alot) we cannot sacrifice any more space. We cannot expand our paved area as there is no place to expand it to that would be accessible to a trash truck. AS such Avon Plaza simply has no physical way to accommodate compost dumpsters. While the Avon Plaza Board would encourage the Council to make such a program available on a voluntary basis to those who wish to participate we remind you that mandatory participation would place an impossible burden that we simply have no physical way of accommodating compliance with. We would also remind you that few restaurants in town own their own exterior areas and other landlords or associations may face the same constraints, so please keep in mind that the decision to participate is usually not entirely up to the restaurant and keep in mind that if a voluntary program is agreeable to the restaurant the burden of accommodating it is gong to fall on whoever owns the exterior areas of the building. Any ordinance should be crafted to define voluntary as ti require consent from all parties involved. Best Chris Neuswanger, Manager Avon Plaza Condo Assn. 970- From Sent: Friday, August 22, 2025 9:57 AM To: Sarah Smith Hymes <shymes@avon.org>; Ineke de Jong <idelong@avon.org> Cc: Charlotte Lin <clin@avon.org>; Council Everyone Group <council@avon.org> Subject: RE: Composting program Good morning all, do realize the discussion is very preliminary at this point, but having been on a lot of boards over the years and participating in many discussions about potential solutions I find that the broader the thought process and more angles considered from the start is, shall we say, a good way to start. Potential solutions to issues always come with potential conflicts, the earlier those are realized the better the possibility of coming up with a winning solution the better. wish you well oncoming up with a workable plan that will fit those who are willing and able to participate. Best Chris From: Brian Nolan > Sent: Friday, August 22, 2025 11:00 AM To: Council Everyone Group <council@avon.org> Subject: Compost Greetings Wanted to chime in quickly related to the Town of Avon's efforts on sustainability as a whole and specifically the possible movement to a composting program. Our company as a whole, through the efforts and energy of Will Nolan specifically, have been working at some off our locations to be compost compliant. Wil has been working with Walking Mountains and he (we) is hoping we might be the first Restaurant to be Certified Green. With that said we would be excited to participate in the role out in Avon and look to be able to work together towards a successful program. Blue Moose Vail I Blue Moose Beaver Creek I Mountain Fish House & Oyster Bar I Ein Prosit I Vail & Lionshead Oktoberfest NEWH GROUP970 is now the operators of El Sabor in Lions Square Lodge Vail. Look HERE soon for new name and opening dates. 137 Benchmark Road Unit D3 PO Box - Avon, CO 81620 TO: Honorable Mayor Tamra N. Underwood and Council members A FROM: Michael Labagh, Recreation Director Avo n RE: Recreation Center Expansion and Refurbishment Update DATE: August 15, 2025 c o L Q H A D o SUMMARY: This report provides an update regarding the Recreation Center refurbishment and expansion initiative. Project scope and cost estimates were updated based on feedback received from the Town Council, Health and Recreation Committee and Finance Committee. Additional Council feedback is requested to confirm project scope and timeline as Staff prepare the 2026 Budget. BACKGROUND: Staff conducted a work session reviewing the need to refurbish and expand the Recreation Center at the March 11, 2025 Town Council meeting (page 18 of the meeting's packet). This same information was also presented to the Health and Recreation Committee on March 11, 2025 and May 20, 2025, and to the Finance Committee on May 5, 2025. The feedback received from the Town Council and each committee is summarized below. Town Council — March 11, 2025: Council members expressed general support and understanding of the need to address the minimum refurbishment of the Recreation Center. The Council commented/inquired about the following items: • Plan for full-time and part-time staff during an extended facility closure for construction • Amenity availability during a partial facility closure (sauna, steam room, locker rooms, fitness areas) • Confirmation of revenue projections during construction closure desired • Best practices for water slide design and operation • Focus on implementing a comprehensive facility maintenance plan and life cycles for all equipment • Repairing or reconstructing the hot tub is a top priority • Interest in reviewing financing opportunities and how it affects other Town capital projects in the queue • Desire to review all Town capital project expenditures at once • Confirmation of cost estimates once designs are fine tuned • Potential for increased community opportunity and revenue for a patio expansion/enclosure • Consider the opportunity to integrate a pool expansion into the Main Street Mall design • A tour of the recreation center and aquatics area mechanical room would be beneficial Health and Recreation Committee — March 11 and May 20, 2025: The committee commented/inquired about the following items: • Operational closures during construction • Accuracy of cost estimates • Hot tub repair/reconstruction timeline • Funding opportunities — grants or private donors • Square footage for current facility demand • Future capacity issues even after a facility expansion • Logistics for phasing in construction • Support for expanded parking around the recreation center • Support for minimum refurbishment/expansion and determining amenities with the community (970) 748-4446 mlabagh@avon.org • Assessment process for determining necessary improvements • Availability of current and future facility parts • Focus on compliance with safety regulations • Strategies for marketing and public engagement for this project Finance Committee Feedback — May 5, 2025: The committee commented/inquired about the following items: • Is this expansion mainly to increase capacity? Just to keep up with a growing community? Will we attract more people? Will we add additional programs & offerings? • What is the breakdown of local versus visitors who use the rec center facility? • What is the facility's useful life after renovations? How far forward will it push the facility's capacity? • Should the rec center be relocated to the area near Walmart, planning area A where a park is planned? And then we could repurpose the current building for something that needs to be in close proximity to the park. • Would admission prices be raised to balance supply & demand? • Would a reservation system return to manage capacity better? • Would a parking structure be included in the expansion plans? Parking is so expensive and perhaps habits should change to "walk or bike to your workout." • The estimated cost of $7.7M does not seem accurate and reviewing and getting a more accurate number to present would be helpful for everyone. • Could there be a cost benefit to doing 3 levels in the addition, do a cost analysis of going down half a level and then adding 2 levels on top. • If we shut down the pool for 3 months, then we should probably go ahead and do all the required pool maintenance for the next 10-20 years. • Expect low voter appetite for mill levy to pay for this expansion. After receiving feedback from the Town Council and Committees, Staff began engaging with contractor A.D. Miller to update and refine the scope and budget analysis for their originally proposed options in the aquatics area. Additionally, Staff enlisted their services to review items that were not initially included in their scope of work. These items include 1) hot tub relocation, 2) waterslide replacement and leisure pool redesign and 3) fitness area expansion to the north to expand the weight room, cardio and functional training areas. The updated designs, scope and budget analysis are included in Attachment A. OPTIONS: Initial facility refurbishment and expansion options were formed based on previous design concepts and feedback from community surveys. Additional options were also evaluated in response to Council and committee feedback, particularly considering the required facility closure associated with any construction activities. Additional options may be considered as Staff engage with the community. Staff anticipate a streamlined approach to constructing a fitness area expansion and plan to conduct extensive community engagement to finalize designs for an aquatics area remodel. Page 2 of 6 Fitness Area: The addition of a two-story fitness area to the north would house a larger weight room on the first floor and expanded circuit and functional training space on the second floor. The weight room relocation would see an increase of approximately 500 square feet of usable space. Circuit and functional training space on the second floor would be expanded by 2000 square feet and would allow for the current functional fitness space to be used for classes or small group training. 1 st Floor: 2nd Floor: Eir `'! IF r E74PAJSI : - -2,37i7 sf ------------ ` . ------------------- {- 1 --Z I� FJNCT�x+lx1 FIT'NED^ j O RJ'LIT ETJJRV..E^TT Page 3 of 6 Aquatics Area: mg roof Layout: — F DECK r;! 6 37C SF } - i ,' - y }"SLIDE& LAZY R — POOL 1lljl �. - ....t - .+.. 900 SF 5 .. LEISURE POOL -� PO -_ _ _ _ _ _ _ The existing pool layout, shown above, is comprised of four bodies of water: hot tub, slide/lazy river, leisure pool and 5-lane lap pool with diving well. M n A C"ON G GONG PAT,O Y 11�L STARTING BLOCKS ZONE PLAY: 3'-4'Deep0 ••• _ LEISURE POOL 3- ______ J K. PCQ, OFF I •' KID SLIDES 160,1 • PLAY ------ LAZY RIVER I PEATURES �{ PFAGft 0I 3' TOTS r1'11ee, I „I� ` I i. -- --- ___ _ - _ - - II Page 4 of 6 The conceptual pool design, shown above, would include three bodies of water: hot tub, zero depth leisure pool with lazy river and a 6-8 lane lap pool with depths ranging from 4 —10 feet. This design also shows a redesigned water slide, expanded pool deck space to house bleachers for swim meet spectators, and options to expand outdoor patio space. The proposed aquatics area design provides programmable pool space and expanded lap swimming lanes, while still providing an engaging and interactive experience for recreational swimmers. Additional recreational amenities for a redesigned lap pool will be considered as the design process continues. FINANCIAL CONSIDERATIONS: Refurbishment and/or expansion of the Recreation Center pool area will cause a significant impact to general operations and revenue. Expansion of the fitness area to the north should not have as large an impact on general operations or revenue since most construction can be isolated to the new addition location. Staff project a reduction in revenue by $300,000 during a pool area closure and a reduction in revenue by $50,000 during a fitness area closure. Staff plan to collaborate with A.D. Miller to develop a phased construction schedule, completing each remodel in different calendar years to lessen the impact on operations and revenue. This approach will allow partial public access to the facility during the project, helping the Town maintain a portion of its regular revenue from admissions, programs, and facility rentals. Updated cost estimates from contractor A.D. Miller are summarized in the table below. Cost Aquatics Area Minimum Refurbishment $4.9 - $6.1 million drains, HVAC, electrical infrastrucutre. pool pumps. sanitation & filtration systems, ADA compliance, hot tub repairlrelocation, leisure (lazy river) pool reconfiguration, roof, window & exterior building repair. Aquatics Area Upgrades/Expansion $5.3 - $7.3 million Reconstructed Lap Pool with 61718 lames $1.8 - $3.2 million Reconstructed Leisure Pool $3.5 - $4 million Exterior deck expansion $75.000 - $91; 000 (Fitness Area Expansion $4.6 - $5.4 million includes weight room, cardio & functional training expansion with redeveloping multi -use space TOTAL Estimated Costs $14.8 - $18.8 million Aquatics Area Refurbishment & Expansion $10.2 - $13.4 million Fitness Area Expansion 1 $4.6 - $5.4 million Financing Option: Staff requested Piper Sandler to provide a Certificate of Participation (COP) scenario for generating $10 million in net proceeds to the Town and repaid over a 20-year financing period. Piper Page 5 of 6 Sandler is a national leader in underwriting and distributing bonds for state and local governments. The scenario showed the average annual debt service would be $758,535 with an interest rate of 4.78%. NEXT STEPS: Staff plan to present this information to the Finance Committee on Monday, September 8, 2025 and to the Health and Recreation Committee on Tuesday, September 9, 2025. Based on Council feedback, Staff will plan to prioritize Recreation Center refurbishment and expansion efforts into the 2026 Proposed Budget and Capital Improvement Plan. Thank you, Michael ATTACHMENTS: Attachment A: A.D. Miller Design, Scope and Budget Analysis — August 2025 Page 6 of 6 ATTACHMENT A A. D. KIM Building an Higher Ground ,vnna roae nmanon i mi.a. Town of Avon - Recreation Center Pool Improvements SUMMARY BUDGET COST ESTIMATES - BASE SCOPE ITEMS Updated 8/12/2025 (Rev 1 Dated: 7/23/2025) BASE SCOPE ITEMS A Avon DESCRIPTION OF BASE SCOPE ITEMS BUDGET RANGE '' NOTES AND CLARIFICATIONS LOW HIGH 1. REPLACEMENT OF DECK, DRAINS AND SUBSURFACE PREP $ 1,694,634.25', $ 1,915,673.5yrole 7Direction (May require design innextphase) ■ (Will require design in nextphase) 1. DEMO a. Remove existing concrete deck, deck drains, sanitary piping. $ 123,337.50 $ 139,425.00 b. Remove existing pools shells,piping, and components and haul off/trucking $ 232,875.00 $ 263,250.00 D SUBTOTAL $ 356,212.50 $ 402,675.00 2. NEW Structural and Civil Engineering a. Subgrade prep, aggregate base @ base and gravel around pools and backfill (gravel). New PendingGeotech Report -allowance forsubgrade over -ex and compaction $ 305,080.05 $ 344,873.10 Excavation for Pools (Lap, ZOE and Lazy River, etc.) b. New Sanitary Piping Connection $ 43,700.00 $ 49,400.00 c. New Deck Drains (Integral Sloping) $ 241,500.00 $ 273,000.00 Please note: Sealant included i d. New Deck Broom Finish $ 252,300.80 $ 285,209.60 . Standardgray concrete with broom finish. Most economical approach d2. Sandscape Finish Add (Recommended) $ 47,306.40 $ 53,476.80 Recommend for highest slip resistance at pool deck and aesthetic d3. Add integral color to mix; for either sandscape or broom $ 27,922.00 $ 31,564.00 Add color to improve and enhance look/define areas e. Install new pool showers relocate deck shower $ 39,675.00 $ 44,850.00 f. Bond ingtonew andexistingmeta IstoNEC680 (deck rebar,anchor,equipment) $ 24,725.00 $ 27,950.00 All metals,new/existing anchors, and equipmen t must be bonded per NEC 680. SUBTOTAL $ 982,209.25 $ 1,110,323.50 2. HVAC 2a. Natatorium Duct Replacement &Overhead Fans $ 432,917.50 $ 498,985.00 2b. Pool Mechanical Room Ventilation $ 84,525.00 $ 95,550.00 2c. Option Add - Fix Heat Bypass Serving Natatorium for Energy Efficiency $ 55,200.00 $ 216,000.00 2a. Natatorium Duct Replacement 1. DEMO a. Remove underground HVAC duct and encasement $ 21,217.50 $ 23,985.00 b. Remove compromised vertical branches to wainscot $ 20,125.00 $ 22,750.00 2. NEW a. NEW underground duct and required branches $ 327,750.00 is 370,500.00 b. New supply grilles -Option i $ 17,250.00 i $ 19,500.00 c. Add OH fans (determine if 1,2 or3) $ 23,000.00 $ 35,600.00 3. Verify Existing OH HVAC $ 6,325.00 $ 7,150.00 4. Balance Report $ 17,250.00 I $ 19,500.00 SUBTOTAL $ 432,917.50 i $ 498,985.00 2b. Pool Mechanical Room Ventilation 5. POOL MECHANICAL ROOM a. Verify and add ventilation system in mechanical room to mitigate current rusting, $ 63,250.00 $ Dependent upon pool volume changes and potential pump HP variations. including airflow, fresh air intake, GPM, etc. Simple exhaust fan system. I b. Recommendations for protection of existing rusted metals. TBD L24,O50.00 Required per ISPSCand Colorado Pool Code. Conduit routings can easily be c. Verify and add exhaust in Pool Chemical Room $ 21,275.00 $ No D Major Safety and Operation Issue SUBTOTAL $ 84,525.00 $ 95,550.00 Page 1 of 5 BASE SCOPE ITEMS DESCRIPTION OF BASE SCOPE ITEMS BUDGET RANGEDESIGN & ENGINEERING SCOPENOTES AND CLARIFICATIONS LOW HIGH 2c. Option Add - Fix Heat Bypass Serving Natatorium for Energy Efficiency 6. Fix Heat Bypass in Pool Mechanical Area Serving Natatorium, etc. ! $ 55,200.00 $ 216,000.00 Range of Cost- Pending DepthoflssuesandNeededRepairs.Allowancerangeheld. 3. ELECTRICAL 816,316.00 $ 922,792.00 1. Pool Mechanical MCC (Voltage 480/3 Phase to 240/3 Phase). Replace with new panel with remote D D Suggest review scope and approach with client and Electrical FOR to work through start and stop panel (lifeguard room). Recirc pumps are controlled atVFD and do not require MCC $ 694,991.00 $ 785,642.00 most cost effective approach to size/configuration ofnew MCC, etc. Includes 2. Add Emergency Stops for all pools inappropriate locations per ISPSC and Colorado $ 21,275.00 $ 24,050.00 D 3. Add necessary electrical for items described in base scope of work $ 44,275.00 $ 50,050.00 D Pending final scope and impacted electrical items. Range provided as anticipated. 4. Replace conduit in PMR due to rust and denigration. $ 55,775.00 $ 63,050.00 D D 4. POOL MECHANICAL ROOM (PMR) $ 1,013,422.65 ! $ 1,144,934.30OF Breakout of new pool system equipment 1. Pool System Circulation a. New recirc and feature pumps (VFD for 7.5 HP pumps, or integral VFD for smaller pumps). Included' Included D' Significant energy savings. if existing motors are re -used, Class Flnsulationis al. Paddock Brand lLOofNeptune Benson (no change). No change No change D Significant en ergysavings.Ifexistingmotorsarere-used, Class Flnsulationis b. Replace flow meters,gauges. Signet 2551MagMeteronreciresystems (not feature Included Included D Signet 2551MagMeteronreciresystems and2.5"316SSgauges onall pumps. numnsl and 9 .- din. 31 R Stainless Steel oauoes nn all numns.Md bl. Reuse of Signet Magmeter flow meters - (requires verification of propoer operation $ (2,500.00) $ (3,500.00) nnor to usel c. New autofill for each pool system (deck well w/ Electronic Level Control(ELC-810) Included ! Included ■ New static waterlines for these systems can only be installed if the deck is removed. SUBTOTAL $ (2,500.00) $ (3,500.00) 2. Pool Systems Sanitation a. New chemical controllers for each pool (BECSys5) Included; Included Recommend minimum BECSys5 for communication with new VFDs. b. Add UV Sanitation (secondary) to each pool system. Evoqua ETS medium pressure UV I 1 RecommendEvoquaETSmediumpressureUVunitsorsimilarforallpools/spas. units orsimilarforaItpools/spas.0ptiontoaddClearFlo (cost savingsoverlongterm) ifsand Included ; Iuded ncl b2. Clearflow option Included I Included c. Chemical Separation - Note: Clear Flo Technology- References of other facilities utilizing Clear -Flo e. SS gutter with integral surge capacity OR a surge tank will be required to be built. Technology is available through Counsilman-Hunsaker Dropouts from SS gutter routed to surge tank. a. Replace liquid Muriatic Acid with Pulse rAcid Plus. Included Included - SUBTOTAL 3. Pool Filtration a. OPTION Replace existing sand filters with regenerative media filter (equipment and piping 1Included Included . mavhe inn tal Il Note: Regenerative Media Filters - Attachedadditionalinformation -Regenerative e. SSgutter with integral surge capacily, OR a surge tank will be required to be built. Media Filters save water, reduce chemical use, and have large flow rate. Dropouts from SS gutter routed to surge tank. Note: High Rate Sand Filter usage -Yes can use it is possible to use high rate sand e. SSgutter with integral surge capacity, OR a surge tank will be required to be built. filters and add regenerative media filters later, however it is cost prohibitive, due to theli Dropouts from SS gutter routed to surge tank. requirement of having to eliminate the sand filters and bring in new regenerative c. OPTION Recommended: Replace existing media in existing sand filters with Tritoni Included Included . SUBTOTAL $ - $ - 4. Pool Heaters Page 2 of 5 BASE SCOPE ITEMS DESCRIPTION OF BASE SCOPE ITEMS BUDGET RANGE DESIGN & ENGINEERING SCOPENOTES AND CLARIFICATIONS LOW HIGH a. Add new pool heaters/ boilers as part of scope option (boiler plus connection, etc.) $ 165,600.00 $ 187,200.00 Current boilers are functional and with maintenance will continue to operate. Older systems which are much less efficient than new boilers if desired, 5. CODE $ 46,000.00 $ 52,000.00 1. Address all Natatorium ADA issues (see individual OPTIONS below) ADA lifts required at all pools. Options below a. Drainage/Slopes With Pool Deck Replacement' With Pool Deck Replacement 2% per CO Pool Code andADA. 2. Exiting Plan implications (if any) $ 17,250.00 $ 19,500.00 Allowance allocation 3. Identify items that do not meet other building codes $ 28,750.00 $ 32,500.00 Allowance allocation DESCRIPTION OF NEW POOL AND BUILDING ADDITION SCOPE ITEMS BUDGETRANGE NOTESAND CLARIFICATIONS LOW HIGH 1. HOTTUB $ 636,520.30 R role (Mayrequire design in nextphase) $ 563,075.65 !Re,.rie/Secondary ja D tion (Will require design in next phase) A. New Larger Hot Tub (274 SF New Spa) $ 534,325.65 $ 604,020.30 New elevated spa and equipment, piping, etc. CIP Walls with tile finish and stairs. 1. Remove entirely/demo existing $ 28,750.00 $ 32,500.00 2. New layout at different location, features, finishes-ADA transfer wall, CIP coping 3. New equipment in PMR included in new spa cost New system for hot tub 4. Add emergency stop included in new spa cost Required per ISPSC and Colorado Pool Code. 2. LAZY RIVER ZONE $ 1,413,468.75 $ 1,597,512.50 1. New Lazy River Zone 3'6" water depth throughout (1250 SF) is 1,341,187.50 $ 1,516,125.00 a. OPTION: Recommended: Add ADA lift. Motion Trek 400 by Spectrum Motion Trek BP300 is i $ 22,568.75 $ 25,512.50 b. OPTION: Add ADA lift. Aqua Creek Mighty400(same cost),suggest Aqua Creek Scout Xcellift as $ (600.00)li $ (1,000.00) R S Includes: Reuse of (1) Aqua Creek Chair Lift and (1) NewAqua Creek ScoutXcel lift 2. Bridge tolsland R a. New bridge at pool for access $ 10,062.50 i $ 11,375.00 b. Add water feature allowance i $ 40,250.00 i $ 45,500.00 D Allowance 3. LEISURE POOL -ZERO DEPTH ENTRY (1850SF) $ 1,784,941.45 $ 2,017,759.90 1. New Zero Entry Depth pool with ADA lift, 2. Connections and pumps for new and relocated play features 3. New Kiddie Slide in Zero Depth Entry Area 4. Replace Basketball Hoop and anchors with new. 5. New play and spray features with new, including enhanced 1' deep (slide, playground, interactive table or similar) 6.OPTION F: ADA Ramp with stainless steel railings $ 1,722,237.70 i $ 1,946,877.40 R D Included i Included D R R D $ 10,953.75 i $ 12,382.50 Included i Included R D R D $ 51,750.00 $ 58,500.00 $ 83,501.50 $ 94,393.00 Rc/ Recommendation -Motion Trek 400 by Spectrum or similar. luded w water connection from slide to new play feature. Water depth/age appropriate new slide. wanchors and bball will be provided if the pool deck is being replaced Option Page 3 of 5 BASE SCOPE ITEMS DESCRIPTION OF BASE SCOPE ITEMS BUDGET RANGE In qq' ' NOTES AND CLARIFICATIONS LOW HIGH 4. LAP POOL $ 2,490,228.40 $ 2,815,040.80 Note Pool Equipment for the newpools is included in the equipment PMR Section 4 OPTION A: 7lanes, 6' wide 42%priced in base bid See line 152 1. NEW Lap Pool Base bid (3108 SF) 4ft-11 ft deep See Conceptual Design and Pool Depths a. New pool shell, plaster, tile, depth markers, pool lights, ladders, accessories $ 2,490,228.40 $ 2,815,040.80 New Lap Pool 2. Remove existing shell, piping and accessories in demo line item $ - $ Included in Demo 3. Add new pool shell, diamond-brite fin ish, tile markers/waterline Included Included 4. Replace all piping, new filtration, sanitation, circulation. Included Included Verify heating ifnot new boiler system. 5. New pool lights, ladders, accessories Included Included ADD OPTIONS on base scope OPTION B: 7lanes, 7wide 49%3636 SF $ 371,146.40 $ 419,556.80 Add to base for this add option OPTION C: 8lanes, 6' wide +2" 50" 3700SF $ 423,181.60 $ 478,379.20 Add to base for this add option ADD OPTIONS on base scope - Play Features OPTION D: Aqua Zip'n Removed per request Removed per request i OPTION E: Climbing Wall (3 panelswx 4 panels high) Removed per request Removed per request OPTION F: Overhead Doors (3) at Lap Pool. ( Includes: Demo, Concrete repair, Masonry, Steel, Sealants, OH Doors. Finish. HVAC. Electric) $ 79,098.00 $ 90,962.70 D 5. WATERLINE TILE- included in new pool pricing Included with newpools 6. EXTERIOR DECK EXPANSION $ 80,509.20 $ 91,010.40 1. Demo, prep and concrete 606 SF $ 65,550.00 $ 85,215.00 2. Add double storefront man door $ 7,455.45 $ 9,692.09 R 3. Add outdoor fence with gate $ 7,503.75 $ 9,754.88 OPTION G-Additionat 1170 SF new concrete, fence, Storefront door $ 75,382.50 $ 85,215.00 7. PATIO ENCLOSURE&ADDITION See Conceptual Design and Pool Depths A. OPTION -Fence Only $ 32,200.00 I $ 36,400.00 1. Existing fence is not code compliant height. Replace with 6' high fence. D 2. Existing gate is not an exit. Replace with one with panic hdwr, security screen and path to public D B. OPTION H- ENCLOSE PATIO &ADD DECK AREAI $ 694,312.50 if $ 789,875.00 1. Adds 750 SF of enclosed space and deck under existing roof. 2. Remove exterior wall and deck D D 3. Add foundations on two sides D D 4. Enclose left side D D 5. New wall at deck side reusing existing doors D D 6. New deck and deck drains D D D 7. Add ventilation and fan D D D D 8. New ceiling with insulation above D D 9. Relocate exit signs D D D Page 4 of 5 BASE SCOPE ITEMS DESCRIPTION OF BASE SCOPE BUDGET RANGE r NOTES AND CLARIFICATIONS LOW HIGH 10. Maintain exit path, required widths and add new exit gate with hdwr. - C. OPTION H- RECONFIGURE VESTIBULE AND STOREFRONT FOR SPA LOCATION $ 270,250.00 $ 305,500.00 1. Repurposeand reconfigurevestibule for spa. 2. Demo stem walls, structural CMU, add support and new walls for spa elevation 3. Relocate and new store front systems for doors and windows in impacted areas and egress @pool D D 8. ADD NEW LIFEGUARD ROOM (160 SF) $ 51,751.15 $ 64,058.80 1.OPTIONK: Drywall pony wall with 1/2 Storefront windows and door, concrete floor $ 32,775.00 $ 42,607.50 New lifeguard room nearnew slide location. a. Electrical power/light fixture $ 10,062.50 $ 11,375.00 b. Mechanical $ 8,913.65 $ 10,076.30 .71 9. INTERIOR SLIDE with Open Fiume - SLIDE OUTSIDE BUILDING $ 345,000.00 $ 457,500.00 1.SplashtacularSLD1-A, White Water SK 12 ( Interior only) $ 300,000.00 $ 390,000.00 D D D See Design and Schematic- pending final design Note: Shorter platform negligible effect on cost range of equipment 2.SplashtacularSLD1-A Removed Removed FD D D See Design and Schematic- pending final design 3. Fencing around structure $ 5,000.00 $ 7,500.00 D Included foundations, piping and pumps 4. Structural Modification and Repairs $ 40,000.00 $ 60,000.00 D 10. FITNESSADDITION (4740SF) -Updated to reflect 2026 completion $ 4,683,498.63 $ 5,323,656.00 1. Main Level Fitness Area (2370 SF) addition with storage shelving $ 2,224,008.00 $ 2,514,096.00 D D D D D See conceptualdesign- costed as work in sequence with natatorium/pool 2. Upper Level Fitness Area (2370 SF) with storage room $ 1,877,188.13 $ 2,144,376.00 D D D D D 3. Site Improvements, Civil and Repairs $ 325,565.00 $ 371,904.00 4. Conceptual Design Contingency $ 256,737.50 $ 293,280.00 B Option -Add 157 SF Office on 2nd floor $ 31,889.50 $ 36,816.00 1. Add drywall, ACT/grid, electrical paint, door/frame, HVAC Page 5 of 5 FITNESS ADDITION TO THE NORTH ; , --_ _ ---_ _ �----------- ---------- -�}--------------^---- ------ - - r• „" I I 1621-0" 65 6;' ' 1 i61=0116I-071 161-01 1 16!-011 16]-0ll 121-0l371_ 11 Y , I , r Y 1 - -__ - --_ - --_-_ __ ---__ ______________________'________«�_______________ _ _________ _ _ __ ______ --___ ---- - ____J _ _ _ _________________________________________________»___-____________________-_---_ ; I I - -- 1!II -- - - fIiII - - 1fiIII ---------- - - - - )II -- --------- ---- - ---- -iII! ---------- -- - - --_-_-_- __ �I,1iII - - -- - - _1IIIII - - -------iII'I ---- ----- - --A--5--.1 -------------- iIl1I'------------------- - - - _ ----- }fII1 ----- ---- - -_- - - - •,• - -_ �i,,II --I ___.__._________'______________'___________________ ------------------- I--------------------------------------- I---___-____________________-----_------I� ---------------------------------- ----------------- I _--------___________I________----_______________-_-___--__--1_-_______________-__----------- 1 T------------- i___-____-___-__1_�', - •_`' _--^`�;- -1kII _;-__L__�r __ --R` E'FEAL,V-D. 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I I I I I I � i � •..• + �+ i ^a. -T11 I I -1� . - Ne J i UNDERGROUND DUCT ______________ �___ .. � Ir i i , + r 1 -------------------- no or Haar IFWa DECK SHOWERS _gox >t I I NATAORIUM FOOTPRINT = 14,100 SF 1 I I I I F I 1 _ •` it 'T I I i I c iZl -- I- -"— --- L--------------1—'— a— .-------------'--------- —•—I- 9f FLOOR Ptak - ROPOS E D- - - ----- - -_ I I r - art "�_ AVON RECREATION CENTER: Pool Renovation _ �«� ^ .•r+ - "�f Address: 90 Lake Street, Avon, CO 81620 FIRST F�c Issued: 2024.08.29 3/64" - 1--o Status: Budgeting E f' 1 •.'F1 _yr e.. __._. .. ..11.I... -__—_ _...., — --- -- _— ;=" i f II POOL RENOVATION OPTION B i ; �; II I ! I UNDERGROUND DUCT j- F�J "If- E , 4 — -�Ir 7i- I� -i 1 i ,� i , + - :'• r�'. ----------------- r �ilTll■ � I l '•I + _ - To Wo4' 1 i or rsamr IFWa a - ��', DECK SHOWERS NATAORIUM FOOTPRINT = 14,100 I I I I ! F I 1 _ •` it 'T I I i ! c iZl -- I- -"- --- L--------------1-'- _._. = ----r 1. --- fi� _ _ ,.x� - - - ----- ---- --- -�- I- I I 1 _ _ ! us rj LAM. r - art FLOOR P k RO DSED-----_----= —_ __ ---- _ AVON r i _ — RECREATION CENTER: Pool Renovation _ �«� ^ .•r+ - "�f Address: 90 Lake Street, Avon, CO 81620 F�c Issued: 2024.08.29 FIRST3/64" - F Status: Budgeting DDA MEETING MINUTES A MONDAY, AUGUST 4T", 2025 . v O n HYBRID MEETING, IN PERSON AND VIRTUAL VIA MICROSOFT TEAMS C 0 L 0 R A D 0 1. ROLL CALL The meeting was called to order at 3:00 p.m. Without objection from his fellow Board Members, former DDA Board Chair Tony Emrick presided over the meeting. There was quorum with eight Board Members present at the time. Present in Person: Board Members Tony Emrick, Wayne Hanson, Chris Neuswanger, and Lisa Mattis, who initially joined the meeting by phone at 3:00 and joined the meeting in person at 3:21 p.m. Present Virtually: Councilor Chico Thuon, Board Members Matthew Fitzgerald, Rob Tartre, Marcus Lindholm, and Gregg Cooper, who joined the meeting at 3:05 pm. Board Member Brandt Marott joined the meeting at 3:33 p.m. Absent: Board Member Scott Tarbet Staff: Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Community Development Director Matt Pielsticker, Chief Financial Officer Paul Redmond, Chief Administrative Officer Ineke de Jong and Town Clerk Miguel Jauregui Casanueva. 2. APPROVAL OF AGENDA Town Manager Eric Heil requested that the Board remove Item 5.6 from the Agenda. Board Member Rob Tartre motioned to approve the agenda, as amended. Board Member Wayne Hanson seconded the motion. The motion passed unanimously with a 9-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Board Chair Emrick asked if there were any conflicts of interest, and none were disclosed. 4. PUBLIC COMMENT No public comments were made in person nor virtually. 5. BUSINESS ITEMS 5.1 ACTION: Swearing In of re -appointed Board Members (Deputy Town Clerk Brenda Torres) Tony Emrick and Greg Cooper were sworn -in by Deputy Town Clerk Brenda Torres. 5.2 ACTION: Appointment of DDA Chairperson (Chief Administrative Officer Ineke de Jong) Board Member Wayne Hanson motioned to nominate Tony Emrick to be reappointed as DDA Board Chair. Gregg Cooper seconded the motion. The motion passed unanimously with a 9-0 vote of those present. 5.3 PRESENTATION: Walgreens Purchase Update (Chief Finance Officer Paul Redmond) Town Manager Eric Heil updated Board Members on the topic of the Town's purchase of the Walgreens property. Board Member Rob Tartre asked questions about the bond offering. It was indicated that Council supports the purchase, with a partial payment from the Town's reserves. Board Member Chris Neuswanger asked questions regarding the rent schedule which is fixed. Page 1 DDA MEETING MINUTES A MONDAY, AUGUST 4T", 2025 . v O n HYBRID MEETING, IN PERSON AND VIRTUAL VIA MICROSOFT TEAMS C 0 L 0 R A D 0 After all questions were answered by staff, the DDA Board unanimously supported the acquisition and directed Staff to move forward with the acquisition. 5.4 PRESENTATION: Conceptual Planning for Sun Road Redevelopment Update (Town Manager Eric Heil) Town Manager Eric Heil updated the Board on the Conceptual planning of the Sun Road's redevelopment. There was discussion around the ideal mix of housing types, cost to build, and grants available, noting this project aligns with the DDA and the Town's goals for housing. 5.5 PRESENTATION: WholefoodslPhase I Development Update (Town Manager Eric Heil) Town Manager Eric Heil delivered a presentation and update regarding the Wholefoods Phase I redevelopment. Board Member Marcus Lindholm joined Town Manager Heil in adding additional information related to the development. Board Member Cooper expressed excitement over the development and thanked Town Manager Heil and staff for their hard work. 5.7 WORK SESSION: Lot B Apartment Projects (Town Manager Eric Heil) Town Manager Eric Heil introduced and moderated the Lot B Apartments work session. 6. MINUTES Board Member Gregg Cooper motioned to approve the Minutes from Avon DDA Board Meeting held June 2nd, 2025. Chris Neuswanger seconded the motion. The motion passed unanimously with a 9-0 vote of those present. Board Member Marcus Lindholm added that David S. O'Leary, Partner of Spencer Fane LLP would reach out to discuss the documentation related to the Mill Levy for the Metro District that is collected by the DDA and through an IGA is then sent to the Metro District. 8. ADJOURNMENT DDA Board Chair Emrick adjourned the meeting at 4:26 p.m. Respectfully submitted by: Miguel Jauregui Casanueva Town Clerk Page 2 DDA MEETING MINUTES A MONDAY, AUGUST 4T", 2U25 . v O n HYBRID MEETING, IN PERSON AND VIRTUAL VIA MICROSOFT TEAMS C 0 L 0 R A D 0 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. Page 3 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT MONDAY AUGUST 11, 2025 Avon PUBLIC MEETING BEGINS AT 5:30 PM C O L O R A D O 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 CARLY HANSEN, BRAD CHRISTIANSON, ELIZABETH WATERS, RICK SUDEKUM, NANCY TASHMAN, NICOLE MURAD AND BRIAN SIPES WERE PRESENT. ALSO PRESENT WERE: MEMBERS OF THE AVON TOWN COUNCIL LINDSAY HARDY AND GARY BROOKS MEMBER OF EV STUDIO MATT SVOBODA PLANNER II MAX MORGAN, DIRECTOR OF COMMUNITY DEVELOPMENT MATT PIELSTICKER, TOWN MANAGER ERIC HEIL, HOUSING PLANNER PATTI LIERMANN, ACTING TOWN ATTORNEY BETSY STEWART AND DEVELOPMENT COORDINATOR, EMILY BLOCK. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER SIPES APPROVED THE AGENDA. THERE WERE NO OBJECTIONS OR CHANGES. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. COMMISSIONER SIPES MENTIONED FOR THE RECORD THAT THERE WAS A SITE VISIT AT THE SLOPESIDE DEVELOPMENT SITE PRIOR TO THE MEETING THAT WAS OPEN TO THE PUBLIC. 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 PLANNING AND ZONING COMMISSION APPROVAL. THERE WERE NO PUBLIC COMMENTS. 5. JOINT WORK SESSION WITH AVON TOWN COUNCIL MEMBERS 5.1 SLOPESIDE COMMUNITY HOUSING: CONCEPTUAL DESIGN- PATTI LIERMANN, HOUSING PLANNER 6. WORK SESSION 6.1 PEDESTRIAN MALL UPDATES - MAX MORGAN, PLANNER 11 7. CONSENT AGENDA 7.1. REFERRAL COMMENTS - REFR25002 VILLAGE AT AVON PARCEL 1, PLANNING AREA A 7.2. JULY 7, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER SUDEKUM MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER TASHMAN 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. SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0. 8. FUTURE MEETINGS 8.1. AUGUST 25, 2025 8.2. SEPTEMBER 8, 2025 - COMMISSIONERS TASHMAN AND HANSEN LIKELY UNAVAILABLE 9. STAFF UPDATES 10. ADJOURN THE MEETING WAS ADJOURNED AT 7:41 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 MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED ATAVON 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. TO: Honorable Mayor Underwood and Council members FROM: Robert McKenner, Chief Information Officer �� RE: Audio Visual System Update DATE: August 14, 2025 c o L Q H A D o SUMMARY: This Report provides an update on the Council Chamber Audio Visual ("AV") system, which was replaced in December 2024 to support multi -purpose functionality. The new system was designed to accommodate in -person and hybrid meetings, employee trainings, and virtual platforms such as Teams and Zoom. This report outlines the issues encountered since installation, the resolutions implemented, and options for future improvements. This is submitted as a written report and no action by Council is requested. BACKGROUND: The prior AV system was originally built to support in -person Council meetings and court proceedings, with High Five Access Media broadcasting the meetings. Following the COVID-19 pandemic, the system was modified to support hybrid meetings, but reliability issues persisted. In December 2024, the Town replaced the AV system with a flexible, multi -functional solution that allows employees and committees to use the room independently for hybrid meetings, trainings, and virtual collaboration without requiring High Five Access Media's assistance DISCUSSION: Since the installation of the new Council Chamber Audio Visual (AV) system in December 2024, several operational issues have been identified and addressed. Most recently, on August 12, 2025, a Zoom participant's audio failed to broadcast through the overhead speakers. The root cause was traced to a hardware issue on the High Five -managed computer. In response, the IT department assumed full management of the AV hardware and implemented a protocol for pre -meeting system testing to ensure reliability. On July 9, 2025, a power outage occurred during a CORE Transit meeting due to a disruption from Holy Cross Energy. Although the AV system was restored promptly, internet service lagged behind. It is important to note that CORE Transit meetings are not hosted or managed by the Town. As CORE Transit participants are not Town employees and do not use Town -managed computers, they do not have access to the Town's internal internet service and must rely on the guest wireless network. This limitation has contributed to connectivity challenges during their meetings. Internet reliability has been a recurring concern. A Comcast outage affecting CORE Transit operations highlighted the absence of a backup internet service for the guest wireless network. While no immediate resolution was available at the time, the Town is evaluating options for adding a secondary internet provider to support guest access. This would be a separate service from the Town's internal infrastructure and is not related to the SDWAN implementation, which is strictly for Town -managed services. Additionally, wireless network instability was resolved by providing a direct ethernet connection from the control computer to the Comcast router. In June 2025, users reported confusion regarding the meeting mode in use. This issue was resolved through interface modifications that clarified operational status. April 2025 saw two distinct issues: robotic audio distortion from the Mayor and dais microphones, which was corrected by disabling the overhead mic, and a feed visibility problem for High Five Access Media, which was resolved by training staff to use the Q- Sys switcher to direct the correct input to the Tricaster. February 2025 was marked by several technical challenges. Audio from the Room PC was heard through the speakers even when the PC was not selected as the source. This was addressed through 970-748-4034 rmckenner@avon.org programming and interface adjustments. The Quattropod device failed to produce audio and was subsequently replaced. Microphone surging was resolved through programming changes, and system freezing was eliminated by replacing the Q-Sys controller unit. In January 2025, Council monitors failed to power on. The issue was resolved by replacing the HDMI splitter. Additionally, Council members have requested that microphones include indicator lights to assist with meeting flow. The Town has placed an order for replacement microphones that include this feature and will install them upon delivery on September 12th. FINANCIAL CONSIDERATIONS: The Town maintains an ongoing maintenance agreement with the AV system installer, which covers routine support, troubleshooting, and system updates. Most issues since installation have been resolved either internally by IT staff or through this agreement, resulting in minimal additional cost. The guest wireless network currently does not have a backup internet service provider (ISP). This network operates independently from the SDWAN implementation and is not covered by the redundancy improvements underway. If Council wishes to pursue a secondary ISP for the guest network, estimated monthly costs range from $300 to $1,000 depending on provider and service level. In addition to ongoing support, the Town has ordered a replacement backup battery at a cost of $5,500 and new wireless microphones totaling $15,050. A budget amendment for these hardware purchases will be submitted to reflect the additional expense. SYSTEM STABILITY AND SUPPORT COMMITMENT: Council members have expressed ongoing concerns about the reliability of the Council Chamber AV system. While the system may appear straightforward in operation, it is a complex and highly integrated platform. Since its installation, the system has steadily improved in performance, and many of the initial bugs have been resolved. Discussions with other municipalities, including the Town of Vail, confirm that it is common for AV systems to require a lengthy adjustment period —some reported it took over a year to stabilize their systems. By comparison, Avon is ahead of that curve. Our IT department, in coordination with our support vendor, remains fully committed to making the system as reliable and user-friendly as possible. To ensure continued reliability and support, an IT staff member will attend the full duration of both CORE Transit and Council meetings for the foreseeable future. Thank you, Robert Page 2 of 2 TO: Honorable Mayor Tamra N. Underwood and Council A FROM: Miguel Jauregui Casanueva, Town Clerk Avo n RE: Gift Reporting and Disclosure 2025 Bravo! Vail Tickets C 0 L 0 R A D 0 DATE: August 18, 2025 SUMMARY: The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. "Gifts" includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person's status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Miguel Jauregui Casanueva, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 2025 Bravo! Vail Tickets — The tickets provided by Bravo! Vail, a 501(c)3 non-profit, Colorado corporation, for the 2025 Bravo! Vail Concert Series, have a value of $35 for Lawn Tickets and $123 for Pavillion tickets and were issued to: Mayor Tamra N. Underwood: 2 Pavilion tickets; Councilor Rich Carrol: 5 Pavilion tickets & 2 lawn passes Councilor Lindsay Hardy: 2 lawn passes. Town Council is not required to take any action; however, any Town Council member may request Council deliberation of a gift report to determine whether such gift constitutes a conflict of interest. Council members who are the recipient of a gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered to Council as a whole. Thank you, Miguel (970)748-4001 mjauregui@avon.org TO: Honorable Mayor Tamra N. Underwood and Council Members Avon FROM: Dean Stockdale, Senior Accountant RE: Financial Report — June 2025 & July 2025 data C 0 L 0 R A o 0 DATE: August 15th, 2025 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for June 2025 and the recreation fees, real estate transfer tax, and use tax revenues for July 2025. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for June revenues in 2025 and July 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: All taxes except the Cigarette Tax and Rec Admissions are favorable for 2025 compared to 2024. Below is a table which reflects the dollar change and percentage variance. Total revenue for 2025 is reflecting a favorable variance to 2024. 2024 v 2025 YTD REVENUE COMPARISON mmm 024 Dollar Variance Percentage Variance Sales Tax $6,697,823.80 $6,752,040.65 $54,216.85 0.81% Acc. Tax $1,216,137.65 $1,300,808.33 $84,670.68 6.96% STR Tax for CH $553,891.91 $600,766.98 $46,875.07 8.46% Tobacco Tax $161,885.07 $162,283.89 $398.82 0.25% Cigarette Tax $116,175.00 $103,008.00 ($13,167.00) (11.33%) Use Tax $0.00 $179,227.65 $179,227.65 N/A Rec Admissions $750,609.25 $735,458.08 ($15,151.17) (2.02%) Rec Program Fees $272,374.30 $284,980.35 $12,606.05 4.63% TOTAL $9,768,896.98 $10,118,573.93 $349,676.95 3.58% Adopted Budget 2025 v Actual 2025: All taxes except Sales Tax and STIR 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. 970-748-4044 dstockdale@avon.org 2025 REVENUE COMPARISON Budget — B Actual Dollar Variance Percentage Variance Sales Tax $6,637,348.39 $6,752,040.65 $114,692.26 1.73% Acc. Tax $1,393,150.06 $1,300,808.33 ($92,341.73) (6.63%) STR Tax for CH $571,296.69 $600,766.98 $29,470.29 5.40% Tobacco Tax $176,095.89 $162,283.89 ($13,812.00) (7.84%) Cigarette Tax $115,487.88 $103,008.00 ($12,479.88) (10.81%) Use Tax $291,666.67 $179,227.65 ($112,439.02) (38.55%) Rec Admissions $658,819.35 $735,458.08 $76,638.73 11.63% Rec Program Fees $252,567.85 $284,980.35 $32,412.50 12.83% TOTAL $10,096,432.78 $10,118,573.93 $22,141.15 0.22% REVENUE ANALYSIS: Sales Tax: Revenues — June 2025: June sales tax revenues totaled $1,318,403. This is an increase of $149,362 or 12.78% compared to June 2024 sales tax revenue of $1,169,041. !024 v JUNE 2025 SALES TAX COMPARISON, - June 2024 June 2025 Increase/Decrease Home/Garden $152,752.72 $139,133.81 ($13,618.91) Grocery/Specialty/Health $178,551.53 $185,884.17 $7,332.64 Sporting Goods Retail/Rental $49,397.26 $52,349.64 $2,952.38 Miscellaneous Retail $59,232.67 $74,981.46 $15,748.79 Accommodations $105,316.45 $119,990.61 $14,674.16 Restaurants/Bars $166,812.23 $166,076.28 ($735.95) Other $23,177.30 $46,633.11 $23,455.81 Service Related $110,677.48 $74,392.56 ($36,284.92) Liquor Stores $19,935.41 $19,639.04 ($296.37) E-Commerce Retail $89,128.55 $112,570.31 $23,441.76 Manufacturing/Wholesale $66,985.20 $60,840.43 ($6,144.77) Construction Related Services $95,191.21 $219,729.01 $124,537.80 Digital Media Suppliers/Sellers $27,534.13 $23,231.74 ($4,302.39) Commercial/Industrial Equipment $22,242.38 $21,606.58 ($635.80) Special Events $2,107.11 $1,344.95 ($762.16) TOTAL $1,169,041.63 $1,318,403.70 $149,362.07 Page 2 of 11 Sales Tax: June 2025 Budget v Actual Collections: June 2025 sales tax revenues totaled $1,318,403. This is an increase of $108,331 over the June 2025 estimate of $1,210,072. This is 8.95% above the adopted 2025 budget (based on a 3-year average). JUNE 2025 BUDGET v ACTUAL COLLECTIONS - SALES TAX :I= 2025 Budget 2025 Actual Dollar Variance Percentage Variance June $1,210,072.02 $1,318,403.70 $108,331.68 8.95% OL 1, 012, 3 0 5.1 1,116,755.98 -12.54% $1,318,403.70 Accommodation Tax: Revenues — June 2025: Accommodation tax revenues totaled $121,501 for the month of June. This is an increase of $8,061 or 7.11 % compared to June 2024 accommodation tax revenues, which totaled $113,439. Accommodation tax collections by industry type for June 2025 compared to June 2024 reported an increase for Hotel and Vacation Rentals while Time Share was down. June 2024 June 2025 Increase (Decrease) Timeshares $21,228.03 $16,264.68 ($4,963.35) Hotels $46,624.04 $57,818.03 $11,193.99 Vacation Rentals $45,587.90 $47,418.61 $1,830.71 TOTAL $113,439.97 $121,501.32 $8,061.35 Page 3 of 11 June 2025 Budget vActual Collections: June 2025 accommodation tax revenues totaled $121,501. This is a decrease of $13,194 over the June 2025 estimates of $134,695. This is 9.80% below the adopted 2025 budget (based on a 3-year average). 025 Budg 2025 Actual Dollar Variance Percentage Variance June 1 $134,695.35 $121,501.32 ($13,194.03) 1 (9.80%) -10.03% -10.05% -11.61% 158,588 14267 28 34 113044 121,501 Short Term Rental Tax for CH: Revenues — June 2025: STIR Tax for Community Housing totaled $53,474 for the month of June. This is an increase of $5,783 or 12.13% compared to June 2024. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. 2024 •• • •• • June 2025 Wncreasel(Decrease)rJune Timeshares $10,614.02 $8,132.34 ($2,481.68) Hotels $15,986.55 $22,950.68 $6,964.13 Vacation Rentals $21,090.49 $22,391.81 $1,301.32 TOTAL $47,691.06 $53,474.83 $5,783.77 Page 4 of 11 Tobacco & Cigarette Tax: Revenues — June 2025: Tobacco tax revenues totaled $28,014 and cigarette tax revenues totaled $17,940 for June 2025. Compared to June 2024 revenues, this is an increase of $3,434 for tobacco tax revenues, which totaled $24,579 and a decrease of $2,253 for cigarette tax revenues, which totaled $20,193. I -22.89% 3187 -8.91% 1.36% -1.99% -11.16% d29 088 ]2060 20 19 J1794 Page 5 of 11 June 2025 Adopted Budget v Actual Collections: June 2025 tobacco and cigarette tax revenues totaled $28,014 and $17,940, respectively. This is a decrease of $1,210 over the June 2025 budget for tobacco tax, which is $29,225 and a decrease of $2,403 over the June 2025 budget for cigarette tax estimates, which is $20,343 which is based on a 3-year average. JUNE 2025 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES ft� M=M===1MM Tobacco $29,225.39 $28,014.74 ($1,210.65) (4.14%) Cigarettes $20,343.43 $17,940.00 ($2,403.43) (11.81%) Total ($3,614.08) Use Tax for Community Housing: Revenues —July 2025: July 2025 use tax totaled $46,952. Compared to July 2025 estimates, which totaled $41,667, this is an increase of $5,285. 2025 Budget 2025 Actual Dollar Variance Percentage .Mr7 Variance Use Tax for CH $41,666.67 $46,952.05 $5,285.39 11.26% Page 6 of 11 Real Estate Transfer Tax: Revenues — July 2025: July 2025 real estate transfer tax totaled $273,400. Compared to July 2024, which totaled $282,466, this is a decrease of $9,065. This is an increase of $15,636 over the July 2025 budget which was based on a 3-year average. 2025 Budget 2025 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $257,763.97 1 $273,400.68 $15,636.71 -2.21% -3.21% -40.73% $463 U5349 U26880 U28246 273 401 Page 7 of 11 Recreation Center Fees: Revenues — July 2025 Admissions & Program Fees: Recreation admission revenues for July 2025 totaled $116,241 is an increase of $1,584 compared to July 2024 which totaled $114,656. This is $16,136 above the adopted 2025 budget estimates of $100,104. Recreation program fee revenues for July 2025 totaled $45,547. This is a decrease of $4,332 compared to 2024, which totaled $49,879. This is $1,668 above the adopted 2025 budget estimates of $43,878, which is calculated based on a 3-year average. -0.27% 13.90% 92 029 7]2335 114 96 114,6A $44,413 $26,704 $45,92 -8.69% Page 8 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 $2,671,238.48 $2,340,456.63 ($330,781.85) (12.38%) 2024 Actual 2025 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $4,086,111.97 $2,340,456.63 ($1,745,655.34) (42.72%) New and Renewed Business and STR Licenses - 2024 v 2025: The total number of 2025 business licenses issued through July was 636. This was down 4 licenses or 0.6% for the year to date. The total number of STR licenses issued through July was 128. Compared to 2024 the STR licenses were up 20 licenses or 18.5% for the year to date. Low 2024 v • MEME&M YEAR AIIIIIIIIIIIIIIL 2025 TO DATE License Variance Percentage Variance Business License - Vendor 456 464 3 0.8% Business License — Fixed Location 116 119 1 1.0% Business License — Home Occupation 41 30 (8) (23.5%) Business License —Special Event 27 23 (2) (8.7%) TOTAL BUSINESS LICENSES 640 636 (4) (0.6%) STR License 128 108 20 18.5% Page 9 of 11 i I sm M M ..r L..A 6.d h�" 1■■1 `■■/ 6..i 6..A Page 10 of 11 EXPENDITURES: JULY 2025 General Fund YTD Actuals v 2025 Budqet: General Fund expenditures through July 2025 total $13,857,638 which is 52.67% 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 Budqet: Mobility Fund expenditures through July 2025 total $1,509,212 which is 53.29% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, and utilities. Fleet Maintenance YTD Actuals v 2025 Budqet: Fleet Maintenance expenditures through July 2025 total $1,512,600 which is 67.10% of the total adopted budget. These expenditures include wages, health benefits, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Protects Fund YTD Actuals v 2025 Budqet: The Capital Improvement expenditures through July 2025 total $3,591,169 which is 32.90% of the total adopted budget. These expenditures were made up of primarily the Public Works garage and Recycling Center project. Thank you, Dean Page 11 of 11 TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Chelsea Van Winkle, Senior Special Events Coordinator �� RE: Year -Round Food Truck Program Update DATE: August 14, 2025 c 0 L 0 H A [J 0 SUMMARY: This report provides an overview of the Request for Proposal ("RFP") process for the Avon Year -Round Food Truck Program and presents the outcome of the vendor selection. Following a thorough evaluation by the Town's ad hoc committee and with direction from the Town Manager, Rocky Mountain Taco has been selected as the preferred vendor for the designated location. This report outlines the rationale behind the selection and details the committee's findings. No Council action is required. BACKGROUND: The Town of Avon released an RFP on April 25, 2025, seeking qualified vendors to operate a food truck year-round at the location on W. Benchmark Road, between Avon Station and the Westin Riverfront Resort & Spa, adjacent to the railroad tracks. The RFP was distributed via the Town's website, press release and direct outreach to known vendors. The goal of the program is to support small business development and enhance the visitor and resident experience through diverse and high -quality food offerings. Currently, Rocky Mountain Taco has been in establishment at the location since 2016. Three proposals were received: 1. Rocky Mountain Taco 2. Tacos Y Mariscos El Pariente 3. House of Vibes All proposals were reviewed by an ad hoc committee composed of Town staff. 1. Facilities Manager, Luis Tapia 2. Mobility Manager, James Shoun 3. Senior Special Events Coordinator, Chelsea Van Winkle 4. Planner II, Max Morgan 5. Deputy Chief, Coby Cosper was invited to the committee but was unable to participate due to other commitments. ANAYLSIS: Evaluation criteria included responsiveness, operational readiness, menu diversity, community engagement, and alignment with Town regulations. Rocky Mountain Taco was selected based on its strong local reputation, consistent service, and proven success at the location. While their proposal lacked completeness, their established presence, infrastructure investments, and popularity with both locals and tourists made them the most suitable choice. Tacos Y Mariscos El Pariente submitted a highly professional and complete proposal with competitive pricing, but their menu closely mirrored Rocky Mountain Taco's although it did not provide any breakfast items, and there were logistical concerns about their truck size. House of Vibes offered a unique coffee -focused concept but was not recommended due to limited menu appeal and hours of operation as well as no experience with a business in Avon. The committee concluded that Rocky Mountain Taco best meets the goals of the program and provides continuity and reliability for the community. Year -Round Food Truck Program Update August 14, 2025 Page 1 of 2 FINANCIAL CONSIDERATIONS: The selected vendor will be subject to the standard permit fees outlined in the RFP. 1. A monthly fee of $150.00 is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. The total fee is $1,800.00 without 10% discount applied. 2. In the years 2026 and 2027, the monthly electricity and incidental fees will increase to $155.00 in November 2026 and $160.00 in November 2027. 3. Five Hundred Dollars ($500.00) security deposit. 4. Required business licenses and insurance. RECOMMENDATION: Staff will proceed with finalizing the permit for Rocky Mountain Taco for the term beginning November 16, 2025, through November 15, 2028. A performance review will be conducted after the first year to ensure continued compliance and quality service. Staff have also initiated discussions with Tacos Y Marisco El Pariente regarding potential placement at alternative sites within the Food Truck Program, recognizing the strength of their application and their potential to positively contribute to Avon's culinary offerings. Thank you, Chelsea Attachment A: Year -Found Food Truck RFP Year -Round Food Truck Program Update August 14, 2025 Page 2 of 2 ATTACHMENT A REQUEST FOR PROPOSALS ("RFP") ja o n YEAR-ROUND FOOD TRUCK LOCATION yLC nL`b INTRODUCTION: The Town of Avon, Colorado ("Town") is seeking proposals from qualified entrepreneurs and businesses ("Proposer") residing in Eagle County, Colorado, to operate an established Food Truck in a prime location. This location is on W. Benchmark Road, between Avon Station and the Westin Riverfront Resort & Spa, adjacent to the railroad tracks —a vibrant and high -traffic location for a reputable Food Truck since 2016. The Town is offering a three-year permit for Food Truck operations, beginning November 16, 2025, and concluding November 15, 2028. The selected vendor must commit to year-round operations for the full duration of the permit. Food Truck operators are not permitted to sell alcohol. Following the initial year of operation, the Town will conduct a performance review of the Food Truck's service, adherence to quality standards, and compliance with the Town's Food Truck Regulations which are provided as (ATTACHMENT A). Upon successful evaluation, the permit will remain valid through the end of the three-year term. The primary goal of this program is to foster small business opportunities while enriching the overall experience for residents and visitors alike. The Town seeks Food Truck operators that offer distinctive, fast, and convenient food and non-alcoholic beverage options in the recreation, civic and cultural heart of Avon, Colorado. DEADLINE & QUESTIONS: Proposals are due no later than Friday, May 30t", 2025, at 5:00 p.m. MST. Late submittals will not be accepted. Please submit one (1) digital copy in PDF format to: Chelsea Van Winkle, Senior Special Events Coordinator cvanwinkle a( avon.orq 970-748-4072 Danita Dempsey, Chief Cultural Officer ddempsey(�avon.org 970-748-4065 Questions must be submitted at least three (3) business days prior to the submission deadline. Responses to questions submitted before the deadline will be shared to all entities known to be preparing a response to this RFP. GENERALBACKGROUND: Avon is centrally located in the heart of the Vail Valley and is the entryway to world renowned Beaver Creek Resort. Eight miles west of Vail on the 1-70 corridor, Avon is an unpretentious, small-town that connects the shared values of both its residents and visitors creating a one -of -a -kind place to visit, work, grow a business, raise a family, and play in a spectacular outdoor setting. With 6,500 year-round residents, plus another 3,500 part-time residents, Avon offers those looking for vibrant and inspiring Rocky Mountain experiences a comfortable community to recreate and enjoy the vast and rich cultural offerings of the region. LOCATION DESCRIPTION & SPECIFICATIONS: The designated Food Truck Vendor space is located at Avon Station, a central transit hub and community gathering point within the Town. The location is ideally positioned to attract foot traffic from transit users, pedestrians, Nottingham Park and Rec. Center users, nearby residents, and visitors. It offers excellent visibility and accessibility, providing a unique opportunity for a Food Truck Vendor to engage with a wide audience in a high -traffic public area. 1. LOCATION DESCRIPTION a. The designated location is paved with stone pavers, offering a flat and stable surface suitable for Food Truck operation. b. One (1) 208V, 50-amp receptacle is provided at the location to support the Food Truck's power needs. c. The designated space is appropriately sized to accommodate a standard Food Truck or Trailer with a maximum length of 20ft. including hitch. d. A location image is provided as ATTACHMENT B to assist in understanding location orientation, access, and infrastructure placement. 2. PERMIT TERMS AND CONDITIONS a. If selected, the Town shall provide a Food Truck Permit to the owner of the Food Truck which delineates all the terms and conditions of the Permit. Initial permits will be active November 16th, 2025 — November 151h, 2028, at which time Food Truck operations shall cease. b. At the end of this term, the location will be re-evaluated. 3. OPERATIONAL REQUIREMENTS a. Food Truck service doors and/or windows must open and operate on the south and/or east facing side of the Food Truck. This orientation supports optimal pedestrian service flow, minimal impacts to vehicle and/or bus traffic, and visual harmony within the location. b. Guests and/or staff shall not in any way impede with Town snow removal and/or storage operations. c. Guests and/or staff shall not in any way impede Town Transit operations, including blocking vehicular traffic on W. Benchmark Road, adjacent sidewalks and/or bus dwelling areas, and Avon Station. d. The Food Truck Vendor will install approved signage at the bus pull -in area to prevent temporary guest parking that may obstruct transit vehicle movement. e. All Food Truck Vendor structures must be approved by the Town prior to the commencement of operation at any location within the Town. Any proposed modifications to the vendor structure specification must be reviewed and approved in writing by the Town Manager. If. Vendor is responsible for all Food Truck Vendor structure maintenance. The Food Truck Vendor structure must be clean, sanitary and in good working condition always to the satisfaction of the Town in its sole discretion. PROPOSAL CONTENT & REQUIREMENTS: Entrepreneurs and businesses interested in applying must submit a complete proposal that clearly demonstrates the ability to operate a high -quality Food Truck service in accordance with the Town's expectations and regulations as outlined in this RFP. The following information shall be organized in the order listed below to facilitate fair and equal evaluation of the responses. 1. SITE VISIT a. Attend the site visit for the purpose of assessing and planning, and scheduled for Tuesday, May 20t", 2025, at 3:30 p.m. at the Town offices located at 100 Mikaela Way, Avon, CO. An initial introduction will be held in Town offices after which we will walk to the venue followed by an opportunity for questions. 2. COVER LETTER a. A cover letter explaining the business's interest in the project, including the name, email address, mailing address, and phone number of the person who will serve as the principal contact with the Town. b. Identify the form of your business (e.g., Sole Proprietorship, Partnership, Corporation, LLC, etc.). a. Included in the cover letter, a statement answering (1) Why should the Town reward this project to your business? b. Confirmation that the proposer has reviewed the Town 's Food Vendor Regulations (ATTACHMENT A) and this RFP in its entirety and is prepared to meet all requirements. 3. COMPANY HISTORY. & EXPERIENCE a. Overview of company history including business background and qualifications, and brief biography of owner, manager, and summarized resumes of other key personnel which may be involved. b. Description of the business' customer service philosophy. c. Provide at least two (2) references for whom you have operated a Food Truck or comparable enterprise. References shall include: L Name of the organization, name of the contact person, telephone number and email address. ii. Brief description of the relationship. iii. Why do they recommend the Food Truck to the Town Food Truck Program. d. Provide a detailed explanation of the company's safety/incident record and insurance claims, if any. Include any incidents in the past five years that have had any property or personal damage (regardless of insurance claim). e. Statement regarding any conflicts of interest and listing of any litigation involving the owner in the past five (5) years and lawsuit dismissal and/or termination outcomes. 4. FOOD TRUCK PERMIT, FEES & REGULATIONS a. Photographs or detailed schematics of the proposed Food Truck, including exterior/interior design, signage, visual displays, dimensions (including hitch), and equipment. b. Proposed menu with item descriptions. c. Proposed hours of operation and staffing plan. The Food Truck Program requires the Vendor to maintain regular and consistent operating hours. The Town will work with the selected Vendor to determine a reasonable Food Truck Vendor business schedule. d. Submit the following required licenses and certifications: i. Eagle County Retail Food License for Temporary or Vending from the Eagle County Environmental Health Department. ii. Fire FMAC Inspection Certification. iii. Colorado Sales Tax License. iv. Town of Avon Business License. e. Compliance statement agreeing to abide by the Town Vendor Sustainability Guidelines and examples of services products being used. f. Waste management plan outlining how trash, recycling, and compost will be managed and disposed of responsibly generated by the business. 5. FEES: a. A monthly fee of $150.00 is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. The total fee is $1,800.00 without 10% discount applied. b. In the years 2026 and 2027, the monthly electricity and incidental fees will increase as outlined below: L $155.00 starting in November 2026 and $160.00 starting in November 2027. c. Food Truck Vendor fee does not include the Town of Avon Business Licenses fee. d. The selected Vendor shall be required to deposit with the Town the sum of Five Hundred Dollars ($500.00) as a security deposit. The deposit may be used to pay delinquent Food Truck Vendor Permit Fees or for damage to public property attributable to the activity of the Vendor. The deposit will be refunded, minus any attributable costs, at the end of the Permit term or applied towards the next Permit Term. 6. INSURANCE & INDEMNIFICATION a. Vendor shall procure and maintain at Vendor's own expense for the duration of the Food Truck Vendor Permit, the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the possession, occupancy, operation and use of the Food Truck Vendor Permit Area by Vendor, Vendor's agents, representatives, employees or subcontractors. i. Comprehensive/Commercial General Liability of not less than $1,000,000 per person and $2,000,000 per incident. ii. Workers' Compensation and Employer's Liability. iii. Property insurance against all of risks of loss to personal property at full replacement cost. Insurance policies shall name the Town of Avon, its officers, employees, and agents as additional insureds and shall provide that the insurance is primary, and that no other insurance maintained by the Town will be called upon to contribute to a loss covered by the policy. The policy shall further provide written notice to the Town prior to cancellation or material change. Evidence of such insurance is required prior to the issuance of the Food Vendor Permit. QUESTIONS & SELECTION PROCESS: Should a proposer ask a question that is relevant to all potential proposers, that question and answer will be shared with all proposers. An ad hoc committee will review all the proposals, select the most qualified proposers for interviews and conduct phone interviews for the final selection of the successful proposer. The ad hoc committee shall evaluate each submittal based upon what is deemed best for the Avon community and the additional following factors: 1. Responsiveness and clarity. 2. Experience with food and beverage service, including a reputation for professionalism and quality of service. 3. Incident Record, 4. Uniqueness and compatibility of proposed food to be sold. 5. Conformance with the Town of Avon Food Truck Program: Vendor Regulations (ATTACHMENT A). 6. Fiscal and managerial resources, which are adequate to ensure full and proper performance under the Town of Avon Food Truck Regulations. 7. References. The Selection Committee will give preference to: 1. Town of Avon business license holders who currently operate their business in a commercial, physical location open to the public in the Town of Avon. 2. Proposals which offer creative, imaginative, and unique food items that enhance the experience of visitors and residents. 3. At least one (1) years' experience in operating a Food Truck or comparable enterprise. The final selection will be made no later than Friday, August 151", 2025. The Town of Avon reserves the right to reject any and all proposals and to waive any irregularities or informalities. This RFP does not commit the Town of Avon to award or contract, nor pay any costs incurred, in the preparation and submission of proposals in the anticipation of a contract. The Town intends to select a business that is the most highly qualified business as described in this RFP, based upon its demonstrated competence and qualifications and that provides the best value and fit for the Town. The Town retains all rights to solicit and enter into agreements with businesses for additional services or projects deemed necessary by the Town. ATTACHMENTS: ATTACHMENT A — Town of Avon Food Truck Program: Vendor Regulations ATTACHMENT B — Food Vendor Map Location ATTACHMENT Avon 0 O L 0 R A D O FOOD TRUCK PROGRAM VENDOR PERMIT APPLICATION 1. Name of Applicant: 2. Business/Organization: 3. Mailing Address: 4. Telephone Number: 5. Email Address: 6. Location Preference (Please list first choice after referring to Exhibit A): A. (access to 20-amps of power max) ro (cart location only, no power access) (cart location only, 50-amps of power max) D. (cart location only, 50-amps of power max) E. NOT AVAILABLE AT THIS TIME 7. Structure type and size: A. Truck: B. Trailer: C. Cart: 8. Power: Please provide details on your power needs (only for locations A, C and D) A. Total Amperage Requested (please give accurate power needs): B. Do you have a specialty plug? i. What type of plug is it? ii. Will it need an adapter? iii. Please Include a Picture of Your Plug with Your Application 9. Please provide a description of the food and/or beverage options you desire to serve or attach your desired menu to this application. 10. Environmental Health Permit — Please attach your approved Eagle County Retail Food License for Temporary Vending from the Eagle County Environmental Health Department. 11. Refuse Plan — Please explain your plan for disposal of trash and recycling generated by the business and its patrons. 12. Non-Discriminatory/Equal Opportunity: ❑ By checking this box, you agree to not discriminate against any individual because of race, color, religion, national origin, ancestry, gender, sexual orientation, age, or disability in connection with the Food Truck permit. 13. Food Truck Program Vendor Regulations: ❑ By checking this box, you agree to the Town of Avon Food Truck Program Vendor Regulations provided and attached as Exhibit B. 14. Do you currently have an active Avon Business License? If yes, please list the license number: 15. Fees & License Received (Internal Use Only) ❑ Food Truck Vendor Permit Application ❑ Security Deposit ❑ Insurance & Indemnification Signature of Applicant Date The permit application is approved by the Town of Avon as noted by the signature below. The applicant must comply with all Town of Avon applicable municipal codes and Town of Avon Food Vendor Regulations, adopted on March 5, 2025. TOWN OF AvON DATE ak �► ,•I TOWN OF AVON FOOD TRUCK PROGRAM APPROVED LOCATIONS ��'• LOCATIONS A-D = MAY 23 - SEPTEMBER 28, 2025 f LOCATION E = YEAR ROUND AND OCCUPIED ` �+ A-�,• THROUGH NOVEMBER 15, 2025 If Ilk �♦•I a ° ° �� �• � 'r a 'i` �� *'�. • '►s A re oil D iit l pip Ail Avon C O L O R A D O EXHIBIT B FOOD TRUCK PROGRAM: VENDOR REGULATIONS I. INTRODUCTION. The objective of Avon's Food Truck Vendor program is to support small business opportunities, activity in Harry A. Nottingham Park ("Nottingham Park"), and to enhance the visitor and resident experience. These regulations set forth criteria intended to promote high quality Food Truck Vendor operations, maintenance, and design for operators under the Food Truck Vendor program. The Town of Avon ("Town") reserves the right to amend these regulations from time to time as deemed appropriate by the Town. A Food Truck Vendor Permit does not grant access to vend during Town special events. All references to the Town Manager shall include the Town Manager's designee. II. FOOD TRUCK VENDOR PERMIT, TERM & FEES. A Food Truck Vendor Permit may be issued to businesses ("Vendor") who will offer creative, imaginative, and unique food items that are compatible with the ambience of the available vending sites and will also enhance the experience of residents and visitors. Permits will be awarded to qualifying applicants subject to availability of appropriate locations and times. A. Permit Description: Each Food Vendor Permit will identify the food and/or beverage genre and menu items the Vendor is permitted to sell. The Town will endeavor to limit the number of vendors which carry the same or similar types of food and/or beverage to offer distinct and diverse menu items. B. Term of Permit: If selected for placement and operation of a Food Truck Vendor location, the Town shall provide a Food Truck Vendor Permit to the owner of the based business which delineates all the terms and conditions of the Food Truck Vendor Permit. Locations A through D permits will be active approximately the Friday prior to Memorial Weekend through the end of September each year at which time Food Truck Vendor operations shall cease. Location E is currently occupied through November 15, 2025. Location E is available year-round. A Request for Proposal ("RFP") for this location will be available no later than April 15, 2025, for interested organizations to apply. C. Fees: 1. Locations A - A monthly fee of One Hundred Fifty Dollars ($150.00) is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. Total fee is Six Hundred Dollars ($600.00) without 10% discount applied. 2. Location B — A monthly fee of Seventy -Five Dollars ($75.00) is applied for incidentals. If paid upfront, a 10% discount will be applied. Total fee is Three Hundred Dollars ($300.00) without 10% discount applied. 3. Locations C and D - A monthly fee of Seventy -Five Dollars ($75.00) is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. Total fee is Three Hundred Dollars ($300.00) without 10% discount applied. 4. Location E —A monthly fee of One Hundred Fifty Dollars ($150.00) is applied for electricity and incidentals. If paid upfront, a 10% discount will be applied. Total fee is One Thousand Food Truck Program Vendor Regulations March 5, 2025 Page 1 of 6 Eight Hundred Dollars ($1,800.00) without 10% discount applied. 5. In years 2026 and 2027 the monthly electricity and incidental fees will increase as outlined below: • One hundred Fifty -Five Dollars ($155.00) and One Hundred Sixty Dollars ($160.00) respectively for Locations A and E. • Eighty Dollars ($80.00) and Eighty -Five Dollars ($85.00) respectively for Locations B, C and D. 6. Food Truck Vendor fee does not include the Town Business Licenses fee. D. Security Deposit: The selected Vendor shall be required to deposit with the Town the sum of Five Hundred Dollars ($500.00) as a security deposit. The deposit may be used to pay delinquent Food Truck Vendor Permit Fees or for damage to public property attributable to the activity of the Vendor. The deposit will be refunded, minus any attributable costs, at the end of the Permit term or applied towards the next Permit Term. III. ENVIRONMENTAL HEALTH PERMIT: Applicants must submit their approved Eagle County Retail Food License for Temporary or Vending from the Eagle County Environmental Health Department. A. If applicable— Public Health Order Compliance Plan: Applicants must submit a written plan detailing how they will implement the applicable guidance under the most current Eagle County Public Health Order concerning the coronavirus pandemic ("PHO Compliance Plan"). A PHO Compliance Plan should include both cleaning protocols for employees and protocols for customers. IV. PERMIT AREA & REFUSE PLAN A. Permit Area: The Town Manager is authorized to identify Food Truck Vendor locations ("Permit Areas") near Nottingham Park, including but not limited to the sites mapped on Exhibit A. Food Truck Vendors must be delivered to the Permit Area at the start of the business day and removed from the Permit Area at the close of the business day, unless Permitted otherwise. Vendor's vehicles and/or tents placed and/or parked in a marked parking space must fit within the width and the length of the marked parking space. Vendors shall not have any exclusive right to any location on Town property. The Town reserves the right to relocate designated Permit Areas on a permanent or temporary basis as needed. B. Sales Area: The sale of food shall only take place from within the Food Truck Vendor truck/tent/trailer. Furnishings or fixtures shall not be installed in such a manner as to become permanently affixed to or a part of the Permit Area. C. Transporting Responsibility: Responsibility for transporting Food Truck Vendor trucks/tents/trailers to and from the Permit Area shall be the sole responsibility and at the sole cost of the Vendor. D. Refuse Plan: The Vendor should maintain both the Permit Area, the immediate area surrounding the Permit Area and the display apparatus in a neat, clean, and hazard -free condition. Applicants must provide a written plan for disposal of trash and recycling generated by the business. V. DAYS & HOURS OF OPERATION. The Food Truck Program requires the Vendor to maintain regular and consistent operating hours. The Town will work with the selected Vendor to determine a reasonable Food Truck Vendor business schedule. Food Truck Program Vendor Regulations March 5, 2025 Page 2 of 6 VI. ADMINISTRATION A. Permits and Licenses: Selected Vendors shall obtain all required permits or licenses from all applicable governmental entities before a Food Truck Vendor Permit is issued, including but not limited to a State of Colorado sales tax license, a Town sales tax license, Town vendor business license. In addition, a State of Colorado Food Service License and an Eagle County Retail Food License for Temporary or Vending from the Eagle County Environmental Health Department must be obtained. Should Vendor already hold a Town sales tax license, Vendor must be current with any Town sales taxes due prior to the issuance of a Food Truck Vendor Permit. B. Display: The Vendor shall prominently display all required permits and licenses on the vending apparatus or, if no such apparatus is used, shall make such permits available upon reasonable request by any member of the public or official of the Town. C. Compliance: The Vendor is responsible for compliance with the Town Food Truck Vendor Permit and Food Truck Vendor Regulations. D. Operator: No person shall operate the Food Truck Vendor structure except the Vendor and designated employees. VII. FOOD VENDOR DEFINITION & STRUCTURES A. Vendor. Avon Municipal Codes 5.04.020 defines a as "Vendor means any person who sells or attempts to sell, or offers to the public, any services, goods, wares or merchandise including, but not limited to food or beverage, from any outdoor location from a or stationary cart, table, or vehicle regardless of whether a fee is charged for such goods or services." B. Truck: A food truck is a food establishment in a motor vehicle licensed to operate by a department of motor vehicles and designed to create a single vehicle exposure. The Vendor will be responsible at its sole cost for the design, purchase and maintenance of a high quality and attractive food truck and all equipment necessary to deliver the products and services in a clean, attractive, and safe manner. C. Trailer: A food trailer is any vehicle without motive power that is designed to be drawn by a motor vehicle, specifically designed or used for food and/or beverage vending operations; and is a typically kitchen plus a vehicle. D. Cart: A food cart is any vehicle without motive power or conveyance that is designed to be pushed or pulled by human or animal, specifically designed or used for food and/ or beverage vending operations; and is typically a kitchen plus a vehicle. E. Location E— Requirements include (1) service door and/or window operations are on the south and/or east facing side of the structure and (2) guests and/or staff shall not in any way impede with Town snow removal and/or storage operations (3) guests and/or staff shall not in any way impede Town Transit operations including blocking vehicular traffic on W. Benchmark Road, adjacent sidewalks and/or bus dwelling areas, and Avon Station. All vendor structures must be approved by the Town prior to the commencement of operation at any location within the Town. Any proposed modifications to the vendor structure specification must be reviewed and approved in writing by the Town Manager. VIII. VENDOR MAINTENANCE STANDARDS & OPERATION A. Vendor is responsible for all Food Truck Vendor structure maintenance. The Food Truck Vendor structure Food Truck Program Vendor Regulations March 5, 2025 Page 3 of 6 must be clean, sanitary and in good working condition always to the satisfaction of the Town in its sole discretion. B. The area around the Food Truck Vendor must be kept clean and free of trash. The Vendor must apply materials under the Food Truck Vendor structure (e.g., plastic sheet, cardboard, etc.) in order to prevent oil or other harmful substances from contacting Town right-of-way. If the Food Vendor causes damage to the area surrounding, the Vendor will be responsible for cleaning and finding a solution to prevent future damage. Applicants must provide a written plan for disposal of trash and recycling generated by the business and its patrons. C. All merchandise must be displayed on or within the Food Truck Vendor structure. The Vendor is responsible for ensuring displays standards are maintained. D. Acoustic and/or amplified sound, including music, is regulated by Town codes which must always be adhered to. E. Vendors using heaters (pre -approved by the Town and the Fire Marshall) during cold weather shall have a fire extinguisher on or in the Food Vendor structure and shall set up and operate the heater in a safe manner. F. Vendor may not use electrical generator without prior permission by Town. Use of Town electricity or electrical connection is by permission only in the Town's sole discretion and may be subject to charge by the Town. In accordance with the Food Truck Vendor Permit, violations of rules and regulations set forth in these regulations may result in the revocation of the Food Truck Vendor Permit. IX. STORAGE. The Town provides no on -site or off -site storage area for Food Truck Vendors. Food Truck Vendor Permit holders are not permitted to store any equipment, supplies or merchandise on Town property. X. MERCHANDISING GUIDELINES. Vendors are required to adhere to the following merchandising guidelines when creating Food Truck Vendor displays: A. Display of merchandise shall be professionally designed and executed. B. All displayed merchandise shall be visibly priced. C. All fixtures, fabric, signage, chairs, and other decorations shall be maintained in good condition throughout the operation. D. Merchandise shall always be stored inside the Food Truck Vendor structure or presented on approved display fixtures. No stored boxes, bags, or cloths are to be visible to the public. E. Merchandise shall be of reputable quality and in good condition. F. Food Truck Vendor structure should always be fully stocked with merchandise during business hours. G. Merchandise shall be presented in approved display units. H. Daily preparation of merchandise and display shall not create a visual nuisance to the public and surrounding businesses. I. The sale of counterfeit merchandise is not permitted. Counterfeit products refer to items that are either imitations of genuine products or items made without permission of a trademark owner. VII. SIGNAGE. Vendor is responsible for investing in a high -quality sign(s) identifying the name of the business. Food Truck Program Vendor Regulations March 5, 2025 Page 4 of 6 A. Business identification signs must be located on or near the Food Truck Vendor structure. B. Business identification signs must be produced by a professional sign company. C. Signs shall be produced to professional standards and shall be approved in writing by the Town Manager or designee prior to placement on the Food Truck Vendor structure. D. Price signs and items description shall be preprinted and mounted on approved material. VIII. STAFFING. To guarantee Food Truck Vendor patrons excellent service, the following staffing standards are required of all Vendors: A. All Vendor employees shall always be neat and clean and shall wear some distinctive articles of apparel that identifies them as Vendor employees. B. Vendor employees shall be courteous to all guests and patrons. C. Vendor employees should not while on duty use improper language, behave in a boisterous manner, emit any unduly loud or unreasonable noise, engage in any horseplay, or unbecoming or otherwise illegal or objectionable conduct or activities at an approved Permit Area. D. Vendors should supervise the conduct of their employees. E. Vendor should insure that their employees understand and comply with the Town of Avon Food Vendor Regulations and special memos. F. Vendor and staff shall be familiar with restroom locations, ATMs and special events on Harry A. Nottingham Park's event calendar. G. Should staff problems arise, Vendor shall be available in case of emergencies. If the problem is not resolved, the Town may exercise its discretion including closing or securing of Food Vendor or require replacement of employee by the Vendor. XII. INDEMNIFICATION & INSURANCE. Vendor shall procure and maintain at Vendor's own expense for the duration of the Food Truck Vendor Permit, the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the possession, occupancy, operation and use of the Food Truck Vendor Permit Area by Vendor, Vendor's agents, representatives, employees or subcontractors. • Comprehensive/Commercial General Liability of not less than $1,000,000 per person and $2,000,000 per incident. • Workers' Compensation and Employer's Liability. • Property insurance against all of risks of loss to personal property at full replacement cost. Insurance policies shall name the Town of Avon, its officers, employees, and agents as additional insureds and shall provide that the insurance is primary, and that no other insurance maintained by the Town will be called upon to contribute to a loss covered by the policy. The policy shall further provide written notice to the Town prior to cancellation or material change. Evidence of such insurance is required prior to the issuance of the Food Vendor Permit. XIII. INDEPENDENT CONTRACTOR. Vendor in performance of the Food Vendor Permit will be acting in a wholly independent capacity and not as an agent, employee, partner, or joint venture of the Town. XIV. NON-DISCRIMINATORY/EQUAL OPPORTUNITY. The Food Vendor Permit will contain a Non- Discrimination/Equal Opportunity provision that the Food Vendor shall not discriminate against any individual because Food Truck Program Vendor Regulations March 5, 2025 Page 5 of 6 of race, color, religion, national origin, ancestry, gender, sexual orientation, age, or disability in connection with the Permit. XV. REVOCATION OF FOOD TRUCK VENDOR PERMIT A. Vendor will be in violation of the Town of Avon Food Truck Vendor Regulations if any of the following occurs: 1. Failure to comply with any condition of the Food Truck Vendor Permit. 2. Opening late or closing early or failing to open the Food Truck Vendor (without written authorization by the Town). 3. Violation of Town sound regulations. 4. Leaving Food Truck Vendor unattended. 5. Allowing anyone other than a paid member of the Food Truck Vendor owner's staff to attend or operate Food Vendor. 6. Changing the approved Food Vendor structure design or products approved for sale without prior Town approval. 7. Moving Food Truck Vendor structure in a rapid or unsafe manner. Any accidents with pedestrians or damage to property shall be reported immediately to the Avon Police Department. 8. Failure to keep Food Truck Vendor and space around Food Truck Vendor in a clean and sanitary condition. 9. Failure to comply with any requirements of the Food Truck Vendor Permit or putting the health, safety and welfare of the public at risk. 10. Using electrical generator or Town electricity without prior permission by Town. 11. Failure to comply with Avon Municipal Code Section 5.04.080 Vendor Regulations. B. Upon receipt of any evidence of violation of the Food Truck Vendor Permit or Town of Avon Food Truck Vendor Regulations, the Town Manager may submit a written demand for compliance to the Food Truck Vendor Permit holder, may summarily suspend the Food Truck Vendor Permit and/or may schedule a hearing for consideration of revocation. Prior to revoking a Food Truck Vendor Permit, the Town Manager shall provide at least three (3) days prior written notice to the Food Truck Vendor of the date and time of hearing and such notice shall describe the violations of the Food Truck Vendor Permit. An action to revoke a Food Truck Vendor Permit shall be in writing. These Food Vendor Regulations are adopted on March 5, 2025, by the Town Manager in accordance with Avon Municipal Code Section 5.04.080(e). Food Truck Program Vendor Regulations March 5, 2025 Page 6 of 6 ATTACHMENT A% 4 1 Y ---- doll X 19SOLL . f ff io i i r* X- F The Westin . 41*N S �0 Public Comments Received for the August 26th, 2025 Council meeting ec'd e�2-4, 520 Nottingham rd. Unit B Stephen Smith To The Town of Avon, Thirty five years ago I purchased Unit B and had two of the most wonderful neighbors anyone could wish for, I later learned this was the Mayors house. Both couples were in their 60's at or very near retirement and I was the young new owner in unit B. At that point in time all was very normal, we parked our vehicles in a normal manner so everyone could navigate easily, we took care of the winter driveway since it can be trouble with all the snow we get. It was a time when the entire property had grass that needed weekly cutting and I mowed the entire lawn for my neighbors. All of the grass areas were irrigated and looked absolutely wonderful in those days. I am writing because since then everything has changed, we now have a property owner who does not maintain, does not treat the property as a normal owner but treats it like he owns a junk yard full of miscellaneous items and junk cars. Mr. Curtis has absolutely no regard for rules, regulations, Bi-laws or even town codes designed to keep things in a regular or normal manner in our town. He currently has six cars on the property with a new roommate adding a seventh vehicle. In the last two years the two previous roommates hit my truck, one told me and the other did not, today the 19th of August another vehicle owned by a friend visiting was hit and damaged. We do have Bi-laws and I do have a copy which I gave to Sye (Unit A) when I gave him a bill for the snow shoveling that I take care of by myself. Currently the only maintenance being done anywhere on the property is at and on my unit B. An exterior remodel that was badly needed and was completed by units C and B but unit A owned by Sye took four years and two permit extensions and was never completed properly or to the specifications drawn with all approved samples and designs. To this day he makes no effort to maintain the property in any normal manner whether it be painting, landscaping, driveway sealing or even shoveling. We have to shovel because there was a time we had plow contracts, Mr. Curtis never paid the the plow contractor I contacted and paid for the season myself, the next year the Unit C owners asked their landscaper to plow and while Units B & C paid for snowplow Sye again did not pay. The driveway has a become a serious point of contention because he does not help remove snow, this is all done by hand and if I clear in front of my home and the entry which is dangerous if snow is not removed he simply gets a free ride not having to lift a finger. There are numerous building and landscape violations as well as several vehicles with no registration and not likely to have insurance. Since he can't drive all the vehicles he does try to keep most of them running and keeps them gassed up with four or five gas cans around the property which is not safe. This past winter I observed Sye bringing in the house bottles of propane, not just one for maybe a bottle change on the grill but four to five at a time. This makes me wonder if he is heating the interior with open flame propane heaters we use on job sites in winter, another RED flag.. The junk is absolutely everywhere on every square foot of the property, in front of his unit, on the east side and in the back yard. The east side knee wall supporting the dirt that transitions to the driveway of the property next door at 510 Nottingham has 520 Nottingham rd. Unit B Stephen Smith been removed ten years ago and never replaced. Where there was once grass that I mowed is now weeds 3 and 4 feet high. With all this junk comes varmints, last year I trapped and killed two Pack rats, the year before I trapped three, the year before that I trapped two with a single Pack rat trapped 4 years ago. I have photos. Mentioned briefly was the knee wall that separates the properties at 520 and 510, several years a go we a had a plumbing problem that required a machine, the owners at 510 asked to remove the knee wall. That 6x6 timber wall was never replaced and the landscaping along that property line is devastated to the point that will require thousands of dollars to landscape and bring that area back to a normal elevation and capacity. The infamous Blue tarp still hangs and now for the third year it shields his junk under the front porch. There are numerous used appliances, used cabinets and piles of miscellaneous crap everywhere. In the area beneath the front porch is a party wall I share with his property. The adjoining wall inside the bedroom has been replaced 3 times so far, I had to remove the sheetrock, behind the sheetrock was the exterior insulation normal to outside walls. In the insulation were families of mice with stores of dog food and warm home to nest in. Each time the sheetrock was removed with all the insulation, it was a toxic mess that I had to clean with bleach after full shop vac removal of everything nasty. I have mentioned the building he is responsible for is far from normal function, in the back yard his gutter only covers 75% of the roof and floods my back yard since nothing is properly done. There are two mature trees in the back yard with one towering above the roof area just mentioned, he fails to understand this is something that requires attention and should not hang over the roof. The second tree is an Aspen with a double trunk growing directly next to the cinder block wall foundation of the garage, never should a tree be growing directly next the foundation of your home, it is an absolute recipe for disaster right next to any cinder block foundation. The poor parking habits exist mainly because he has too many vehicles and has caused his roommates to park in a way that is not a proper place to park. That roommate just hit my friends car because the parking is mayhem. His bad habit of plate swapping on the cars that do run is rampant and on going and as mentioned he has no capacity to abide by rules, regulations and laws. I would also like to invoke my rights and ask and consider the Red Flag Law removing any firearms on the property of Unit A, after living next to him I find him unstable, ignorant and dangerous. My dog has been attacked by his 165 pound dog four times, three times I dealt with holes in her head myself. The 3rd of the four times we visited the Vet for a few stitches and staples and a three hundred dollar bill. This is the largest investment in my life as with many people who buy a home, this deadbeat property owner is single handedly bringing our home values to a low that will only be recognized when we sell, that time may be sooner than later. I N"i •riff'.— '" �� ;' i�'lw.. .4 �• ��••�� .� �l� :"`'Tj�a <c�`•`._ "fir •_v''�" .rf�'4i���� - i; .. i ;� ,. �- Jam. •_s2 -!4_! ;f �., .•�4' ._� 1 � ti •.�i �`. s t �- 4+�,-�s1N'�y���,��r �� � _ �a _ _ 3..'t`S�f+',�`�.+�� 'St' j"'t`...f -.,$6: '- -sJ` ;:E�-�J,! 7..::. �•�.' .r<S.ei'�^��'.Y': JJ`^ ��1 . 1� ^�'.; ;. .- ad� � • ,!� L47!�.'•�4�s�� c'• nY41';�•. r *' r 1 -. f,�,TM.ti 'Y-1 ;���`.<. _ :,i � N�- ��'�:�,'�hw'`?jr::�•�=�-,:���:Y:!.i'� �� 'ice a- 3.� r `... "_ � '< � . • {?;. t�"? ter- . ry .:yt 4is � .' � � �'•". l.i, ..�4 'ri Wyk.. � -Wr `► • � 1.�� � f "'. � .} , •• fit`-''� '� f .� _ .� _ y . 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Fi. _ 'I"F �J41�� }� 'i vl' Y.r_.'. nk •`4_ ..�JL f:''i '�'- From: 9erdoc@gmail.com <9erdoc@gmail.com> Sent: Monday, August 25, 2025 7:19 PM To: Miguel Jauregui Casanueva <miauregui@avon.orr > Cc: Council Everyone Group <council@avon.org> Subject: Pictures of parking Miguel, Here are the pictures I called about earlier. I'll CC the TC so at least they will have them if you can't put them up on the monitor. Thanks for your help John McBride Amm: Ac WNW Fir re 4 4 Rr K9 4 T A� + Cxl l r Ck I y y