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TC Packet 06-09-2026_____________________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, June 9, 2026 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall, 100 Mikaela Way or virtually through Zoom, Zoom registration is on the header at Avon.org AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM 1.CALL TO ORDER AND ROLL CALL 2.APPROVAL OF AGENDA 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5.CONSENT AGENDA 5.1. Approval of May 26, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Approval of Amendment to the Town Manager Employment Agreement (Mayor Tamra N. Underwood) 6.BUSINESS ITEMS 6.1. PRESENTATION: Speak Up Reach Out (SURO Program and Events Director Laura Alvarez) 6.2. ACTION: Development Plan Extension - Lot 3 (Mountain Vista) (Community Development Director Matt Pielsticker) 6.3. ORDINANCE 26-06: First Reading Construction Noise Regulations (Community Development Director Matt Pielsticker) 6.4. ACTION: Notice of Award for Avondale Apartments (Community Development Director Matt Pielsticker) 6.5. ORDINANCE 26-09, First Reading Code Text Amendment for RETT Exemptions (Financial Analyst Chase Simmons) 6.6. WORK SESSION: Private Parking Regulations Discussion of new parking fine complaints and direction on Private Parking Regulation options, including criminal penalties for fraudulent and deceptive practices, additional regulations or prohibition of automated private parking management systems, and referral of ballot question to the November 2026 election to impose tax on parking fines, and additional regulations as deemed appropriate and necessary (Town Manager Eric Heil and Town Attorney Nina Williams) 6.7. PUBLIC HEARING: ORDINANCE 26-04 Enacting Avon Municipal Code 5.14 – Private Parking Lot Regulations on One Reading as Necessary for the Immediate Preservation of the Public Health and Safety (Town Manager Eric Heil) 7.WRITTEN REPORTS 7.1. May 21 Draft CASE Committee Meeting Minutes (Special Events Coordinator Emily Dennis) 7.2. June 1 Draft DDA Board Meeting Minutes (Financial Analyst Chase Simmons) _____________________________________________________________________________________ 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. 7.3. Sustainability Fair Event Debrief (Special Events Coordinator Emily Dennis) 7.4. State Primary Elections Update (Eagle County Clerk & Recorder Becky Close) 7.5. Review of All-Electric Public Works Garage Utility Bills (Public Works Director Mike Jackson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. EXECUTIVE SESSION 9.1. Executive Session for the purpose of receiving legal advice on specific legal questions pursuant to C.R.S. § 24-6-402(4)(b), regarding the East Park Restroom project (Town Attorney Nina Williams) 10. 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 VIII. Public Comments, Avon Town Council Simplified Rules of Order, Amended and Readopted by Resolution No. 24-17. AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, JUNE 9, 2026 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 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 . An initial three (3) minute limit allotted to each person wishing to speak. Speakers may also request up to one (1) additional minute at the end of the three (3) minutes to complete their public comment , which may be approved by majority of the Authority. 5. PUBLIC HEARING (QUASI-JUDICIAL) FOR A SPECIAL EVENTS LIQUOR PERMIT 5.1. APPLICANT NAME: BRAVO! VAIL MUSIC FESTIVAL EVENT: LINDA AND MITCH HART SOIREE SERIES 2026 DATE AND TIME: 5:00 PM – 8:45 PM ON JUNE 26, 2026 LOCATION: 108 PRIMROSE ROAD TYPE: SPECIAL EVENT PERMIT MANAGER: AMY LILYQUIST 5.2. APPLICANT NAME: VAIL EDWARDS ROTARY CLUB EVENT: NORTHSIDE COFFEE & KITCHEN WINE TASTING SERIES 2026 DATE AND TIME: 3:00 PM – 6:00 PM ON JULY 2, JULY 16, JULY 30, AUGUST 13, AUGUST 27, AND SEPTEMBER 17, 2026 LOCATION: 121 NOTTINGHAM ROAD TYPE: SPECIAL EVENT PERMIT MANAGER: NOAH BENDER 6. APPROVAL OF THE MINUTES – May 12, 2026 (Authority Secretary Miguel Jauregui Casanueva) 7. WRITTEN REPORT 7.1. Report on Recent Administrative Approvals (Authority Deputy Secretary Brenda Torres) 8. ADJOURNMENT 970-748-4022 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary RE: PUBLIC HEARING (Quasi-Judicial) for Special Event Permit Application – Linda & Mitch Hart Soirée Series 2026 DATE: June 2, 2026 SUMMARY: Bravo! Vail Music Festival, as the Applicant, is applying for a malt, vinous, spirituous liquor permit to serve/sell beverages at the "Linda & Mitch Hart Soirée Series 2026" special event to be held on June 26, 2026. The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. Documents are on file in the Town Clerk’s office. The 108 Primrose Road premises have been posted with notice of the public hearing for this application, and no public comments were received. The event manager will be present to answer questions about the application and the event. The Applicant has adequate proof of commercial liability insurance that meets Town requirements and has obtained any other permit needed for this event. Background checks show no previous failure by the Applicant to comply with Special Event Permit laws and fewer than 15 special event permits issued to the Applicant this calendar year. BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Avon has adopted the local option whereby applications are made directly to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for denial of a special event permit application as follows: “The state or local authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.” ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming "Linda & Mitch Hart Soirée Series 2026" special event. A public hearing is required before final action is taken. Applicant Name: Bravo! Vail Music Festival Event Name: Linda & Mitch Hart Soirée Series 2026 Event Date: June 26, 2026 5:00 p.m. – 8:45 p.m. Location: 108 Primrose Road Event Manager: Amy Lilyquist Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor Page 2 of 2 PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit application for the "Linda & Mitch Hart Soirée Series 2026" special event to be held on June 26, 2026 from 5:00 p.m. to 8:45 p.m.” Thank you, Brenda SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS: The Applicant for the special event permit has submitted the following materials: ✓Attachment A: Application for a Special Event Permit (State form DR 8439) ✓Attachment B: Alcohol Management Plan ✓Attachment C: Diagram ATTACHMENT A ATTACHMENT B ATTACHMENT C 970-748-4022 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary RE: PUBLIC HEARING (Quasi-Judicial) for Special Event Permit Application – Northside Coffee & Kitchen Wine Tasting Series 2026 DATE: June 2, 2026 SUMMARY: Vail Edwards Rotary Club, as the Applicant, is applying for a malt, vinous, spirituous liquor permit to serve/sell beverages at the "Northside Coffee & Kitchen Wine Tasting Series 2026" special events to be held on July 2, July 16, July 30, August 13, August 27, and September 27, 2026. The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. Documents are on file in the Town Clerk’s office. The 121 Nottingham Road premises have been posted with notice of the public hearing for this application , and no public comments were received. The event manager will be present to answer questions about the application and the event. The Applicant has adequate proof of commercial liability insurance that meets Town requirements and has obtained any other permit needed for this event. Background checks show no previous failure by the Applicant to comply with Special Event Permit laws and fewer than 15 special event permits issued to the Applicant this calendar year. BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Avon has adopted the local option whereby applications are made directly to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for denial of a special event permit application as follows: “The state or local authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.” ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit Application for the "Northside Coffee & Kitchen Wine Tasting Series 2026" special events. A public hearing is required before final action is taken. Applicant Name: Vail Edwards Rotary Club Event Name: Northside Coffee & Kitchen Wine Tasting Series 2026 Event Date: July 2, July 16, July 30, August 13, August 27, and September 27 , 2026 3:00 p.m. – 6:00 p.m. Location: 121 Nottingham Road Event Manager: Noah Bender Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor Page 2 of 2 PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit application for the "Northside Coffee & Kitchen Wine Tasting Series 2026" special events to be held on July 2, July 16, July 30, August 13, August 27, and September 27, 2026 from 3:00 p.m. to 6:00 p.m.” Thank you, Brenda SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS: The Applicant for the special event permit has submitted the following materials: ✓Attachment A: Application for a Special Event Permit (State form DR 8439) ✓Attachment B: Alcohol Management Plan ✓Attachment C: Diagram ATTACHMENT A ATTACHMENT B ATTACHMENT C AVON LOCAL LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MAY 12, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 1 1. CALL TO ORDER AND ROLL CALL The Avon Local Liquor Licensing Authority Board Meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via Zoom.us. Chair Tamra N. Underwood called the May 12, 2026, Avon Local Liquor Licensing Authority Board Meeting to order at 5:00 p.m. A roll call was taken, and Board Members present in person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Vice-Chair Richard Carroll, and Chair Tamra N. Underwood. They were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Deputy Town Attorney Betsy Stewart, Board Secretary Miguel Jauregui Casanueva, and Board Deputy Secretary Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:40 Chair Underwood initiated the Agenda approval process. Board Member Thuon moved to approve the Liquor Licensing Authority Agenda as presented, and Board Member Hardy seconded the motion. The motion passed unanimously, 7-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:00 Chair Underwood inquired whether any Board members had conflicts of interest related to the Agenda and no conflicts were disclosed. 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:01:15 Chair Underwood explained that public comment may be provided in person, via Zoom audio or video, by telephone, or by email. She noted that the public comment period is reserved for items not listed on the agenda and that comments are limited to three minutes per speaker. She then asked whether any public comment was offered by those present in the room or participating virtually. No public comment was received. 5. PUBLIC HEARING (QUASI-JUDICIAL) FOR RENEWAL Video Start Time: 00:01:45 5.1. Applicant: Walking Mountains Event: A Taste of Nature Date and Time: 05:15 P.M. – 10:30 P.M. on July 7, 2026 Location: 318 Walking Mountains Lane Type: Special Event Permit Manager: Acadia Caryl Secretary Jauregui Casanueva presented an overview of the Special Event Permit application and its findings. Callie Pehl attended in person on behalf of Acadia Caryl with Walking Mountains and from the podium was able to respond to the questions presented by the Board. Chair Underwood opened the public hearing; no public comment was received, either in person or virtually. Board Member Hardy moved to approve the application, seconded by Board Member Hyatt. The motion passed unanimously, 7-0. 6. APPROVAL OF THE MINUTES FROM THE MARCH 24, 2026, MEETING Video Start Time: 00:06:30 Board Member Thuon moved to approve the minutes from Tuesday, April 14, 2026, as presented. Board Member Stanley seconded the motion. The motion passed unanimously, 7-0. AVON LOCAL LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MAY 12, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 2 7. WRITTEN REPORT 7.1. Report on Recent Administrative Approvals (Deputy Secretary Brenda Torres) Chair Underwood acknowledged receipt of the report. 8. ADJOURNMENT The Avon Liquor Licensing Authority Meeting adjourned at 5:07 p.m. These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ____________________________________________ Miguel Jauregui Casanueva, Liquor Authority Secretary APPROVED: Tamra N. Underwood ___________________________________ (970) 748-4022 btorres@avon.org AVON LIQUOR LICENSING AUTHORITY WRITTEN REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary Date: June 2, 2026 Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for administrative approval include that the application is complete, there is no new criminal activity on the background check and there are no liquor code violations during the last year. Renewals require notice to be posted for seven days, and Special Event Permits for ten days and require the Town Clerk’s Office to accept comments and/or requests for a public hearing before the Avon Liquor Licensing Authority. In all cases, the Deputy Town Clerk has the discretion to refer the application to the Avon Liquor Licensing Authority. The Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary is required to report administrative approvals, which is the reason for this written report. Dating back to May 12, 2026, the Town has received 3 applications that have met all the requirements for administrative review and approval and were ultimately approved by the Deputy Town Clerk | Liquor Licensing Authority Deputy Secretary. No comments, complaints, or request for hearings were received. They are as follows: Renewals: Applicant: Cripple Creek Backcountry, INC d/b/a Cripple Creek Backcountry Location: 82 E Beaver Creek Blvd #M102 Type: Beer & Wine (City) Manager: Douglas Mark Stenclik Applicant: Yerf LLC d/b/a Ticino Italian Restaurant Location: 100 W Beaver Creek Blvd. Unit 127 Type: Hotel and Restaurant (City) Manager: Sasha Frey Applicant: Wills Investments VII LLC & 7 Eleven INC d/b/a 7 Eleven #34209B Location: 8 Nottingham Road Type: Fermented Malt Beverage and Wine (City) Manager: Donald Wills Thanks, Brenda AVON REGULAR MEETING MINUTES TUESDAY MAY 26, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL The meeting was held in a hybrid format, in person at Avon Town Hall and virtually via Zoom. Mayor Tamra N. Underwood called the Regular Council Meeting of May 26, 2026, to order at 5:00 p.m. At roll call, Councilors present in person were Gary Brooks, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Mayor Pro Tem Richard Carroll, and Mayor Tamra N. Underwood. Councilor Chico Thuon was absent. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina Williams, Town Clerk Miguel Jauregui Casanueva, Recreation Director Michael Labagh, Financial Analyst Chase Simmons, Public Works Director Mike Jackson, Engineering Director Eva Wilson, Community Development Director Matt Pielsticker, IT Administrator Andrew Bare, and Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:30 Mayor Underwood opened consideration of the Agenda. Councilor Stanley moved to approve the agenda as presented. Councilor Hardy seconded the motion. The motion passed unanimously, 6–0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:00:50 Mayor Underwood asked whether there were any conflicts of interest related to agenda items. None were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:05 Mayor Underwood explained the public comment process, noting that comments could be provided in person, via Zoom, by telephone, or by email. Public comment was limited to items not listed on the agenda, with a three‑minute time limit per speaker and an additional minute at Council’s discretion. Tim McMahon, an Avon resident, addressed Council in person and reported that at approximately 6:30 p.m. the previous evening, Avon Police impounded a Class III e‑bike operating in violation of bike path regulations. Mr. McMahon stated that he shared the incident on the “Eagle County Classifieds” Facebook group, where it received significant engagement. He noted that Class I and II e‑bikes are permitted on Town bike paths, while Class III e‑bikes are prohibited and require helmet use. He requested that Council consider regulations requiring helmet use for Class I and II e‑bike operators and their passengers in Town and consider fines for parents who allow their children to operate Class III e‑bikes on Town bike paths. No additional public comment was received at that time, either in person or virtually. The Mayor noted that pages 121-122 of the packet include a summary of valley‑wide Eagle Valley youth safety initiatives and communication efforts related to e‑bike safety. At approximately 5:18 p.m., Avon resident Ian Grask addressed Council virtually after resolving technical difficulties with the Zoom webinar. Mr. Grask congratulated Mr. McMahon on his Vail Valley Partnership Community Impact Award and commented on anticipated water use limitations affecting the Avon community this summer, encouraging the Town to irrigate its properties responsibly. AVON REGULAR MEETING MINUTES TUESDAY MAY 26, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 5. CONSENT AGENDA Video Start Time: 00:05:50 Mayor Underwood introduced the Consent Agenda, which included: 5.1. ACTION: Approval of May 12, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Intergovernmental Agreement with the Upper Eagle Regional Water Authority for Water Use Data (Public Works Director Mike Jackson) Councilor Stanley moved to approve the Consent Agenda, as presented. Councilor Hardy seconded the motion. The motion passed unanimously, 6-0. 6. BUSINESS ITEMS 6.1. ACTION: Development Agreement for The Summit (Town Manager Eric Heil) Video Start Time: 00:06:20 Town Manager Eric Heil presented the latest draft Development Agreement for The Summit apartment project on Lot B, along with related agreements necessary for its implementation. Members of the developer’s team, including Founder Don Simpson, CEO Luke Simpson, CIO Kevin Fults, and Alan Simpson, were present in person. Don and Alan Simpson delivered presentations on the Grand Peaks family business and a Summit-specific overview. At approximately 5:18 p.m., Chief Administrative Officer Ineke de Jong advised Council that Avon resident Ian Grask had experienced technical difficulties with the Zoom webinar and requested to provide public comment unrelated to this agenda item. Without objection, Mayor Underwood approved the request, and Mr. Grask’s comment was included under Section 4. Mr. Heil presented key terms of the Summit Development Agreement, including a request for Council feedback on accepting a snowmelt system exceeding the 6,000 square foot maximum for a single property and endorsing use of the Avon Wastewater Recovery Project to fully offset the system’s additional energy use. He also requested Council consider a motion to approve the Development Agreement for The Summit apartment project with the following conditions: 1. Exhibit C: Community Space shall be subject to review and approval by the Town Manager and Town Attorney. 2. Exhibit G: Public Improvements Agreement engineered plans shall be subject to review and approval by the Town Manager, Town Attorney and Town Engineer. 3. The date for construction completion shall be December 31, 2029. 4. The Development Agreement shall be revised to include the following additional provisions, subject to review by the Town Manager and Town Attorney: a. All contracts that comprise the Development Costs and all financing contracts and guarantees shall be shared as confidential proprietary and financial information for review by Mayor, Mayor Pro Tem, Town Manager and Town Attorney for the purpose of verifying total Development Costs of the project and verifying adequate financing to fully construct and development the approved development plan. b. Owner shall forward any Notice of Default for any financial contracts or guarantees and any change orders or contractual amendments that increase Development Costs within five (5) business days of receipt by Owner. AVON REGULAR MEETING MINUTES TUESDAY MAY 26, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 c. A financial remedy for delay of construction completion shall be included in the Development Agreement, which shall be proportionate to the tax increment financing revenue the Town is projected to receive, shall be a lien on the property which is subordinate to the construction financing for the development of The Summit, and shall bear interest at the same interest rate as the Town’s loan for six million dollars through Alpine Bank. Mayor Underwood asked Mr. Heil to clarify when tax increment would begin accruing to the DDA, including whether it would occur upon completion in 2029 or 2030, how the process works with the Assessor’s Office, and when revenues would be reflected in the budget. Mr. Heil stated that if the building is completed in 2028, the Assessor would evaluate the property and tax increment would be remitted by the County that fall, based on prior experience with the dual-brand hotel (Marriott Suites). In response to a question regarding the need for a certificate of occupancy, Mr. Heil indicated that partially completed properties may also contribute partial tax increment in the applicable year. He added that the URA has first priority through 2032, after which the DDA would continue to receive the increment. Councilor Brooks inquired about the assignment of water rights from the Town’s portfolio to the project and whether the Town had an interest in requesting County contributions of water for community housing units. Mr. Heil indicated such an approach would be cumbersome given the size and number of the proposed units. Councilor Brooks noted that the Town has additional single-family equivalents (SFEs) available for development. Councilor Hardy inquired about the status of updated commercial real estate information for the project and noted she had previously requested comparable data related to the commercial space the Town may purchase. Mr. Heil indicated he had not yet had an opportunity to compile that information. Councilor Hardy also inquired whether the space totaled 4,000 or 5,000 square feet, and Mr. Heil stated it is approximately 5,000 square feet, including hallway area, and that he would confirm the exact figure and revise the Development Agreement accordingly. Councilor Hardy further inquired about the use of snowmelt systems in the pedestrian area. Mayor Pro Tem Carroll inquired about specific provisions of the Development Agreement, including references on page 26, Section B (ownership of approximately 1.7 acres), page 28, Section Y (definition of Development Costs), and page 31, Section D (Milestone Dates), and asked about the implications if milestone dates are not met. Mr. Heil advised that Paragraph 4(a) and (b) of his presentation address the consequences if milestone dates are not met. Mayor Underwood asked Mr. Heil to explain why interest accrued on the Town’s escrow funds would be released to the developer rather than retained by the Town. Mr. Heil indicated this reflects the developer’s request, based on the deferral of the Town’s $6 million contribution to the end of the project. Mayor Underwood also inquired about the Community Space depicted in the Development Agreement documents and diagrams. Mayor Underwood asked Council to deliberate on two questions identified on pages 25–26 of the AVON REGULAR MEETING MINUTES TUESDAY MAY 26, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 Development Agreement regarding whether to approve a snowmelt system exceeding the 6,000 square foot limit and whether to endorse use of the Avon Wastewater Recovery Project to fully offset the system’s energy use. Council raised no objections to this approach. Councilor Hardy requested that use of the Avon Wastewater Recovery Project be treated as a public utility. Mayor Underwood opened the floor to public comment. Tim McMahon, an Avon resident, addressed Council in person and inquired how the proposed community housing component would help address the community housing shortage. Tony Emrick, an Avon Center resident, addressed Council and expressed support for the project and the stipulations agreed to with Grand Peaks. Steve Sendor, an Edwards stakeholder with Fortius Capital, addressed Council and stated that he had worked on the project for approximately seven years prior to the current development effort. He noted that prior efforts with two hotel groups and an apartment developer did not advance to this stage, and that Grand Peaks’ work over the past two years had provided a viable solution to a complex project. No additional public comment was received, either in person or virtually. Mayor Pro Tem Carroll thanked staff and the developer for their work and expressed support for the proposal, subject to the conditions outlined by Mr. Heil. Councilor Stanley concurred with Mayor Pro Tem Carroll’s comments and expressed support for the proposal, while noting concern regarding the 38 surface parking spaces on the adjacent property and suggesting that the number be increased. She acknowledged the effort to date and expressed hope that construction can proceed promptly. Councilor Hardy expressed appreciation for the effort but stated she could not support the agreement with the proposed $6,000,000 commitment without comparable data and given the uncertainty of future conditions. She noted her disappointment that the requested comparables had not been provided despite prior requests. She further requested more detailed diagrams, expressed concern that the Town may be subsidizing elements of the development’s financial structure, and indicated that parking for the commercial space appears insufficient. Councilor Hardy stated she would vote in opposition. Councilor Hyatt expressed appreciation for the work and the quality of the proposal, noting support for addressing blight and stating it is time to move forward. He indicated he would vote in favor. Councilor Brooks thanked staff and the developer for their efforts in advancing the project to include 16 community housing units in the core of Avon and expressed support for that outcome. He also supported the proposed milestone dates and the use of tax increment financing (TIF). Councilor Brooks noted the difficulty in identifying comparable data for the Town’s $6 million contribution and indicated he was comfortable with the overall approach, including the project’s financial assumptions, timelines, public improvements plans for West Beaver Creek Boulevard, and the proposed water rights assignment. He further expressed support for extending the heat recovery system from Lot 3 to the Recreation Center and into the project to offset energy use associated with the snowmelt system. Councilor Brooks stated he would vote in favor. AVON REGULAR MEETING MINUTES TUESDAY MAY 26, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 Mayor Underwood and Mr. Heil discussed revising the motion to include commercial shell space square footage as an additional condition, and to renumber the existing conditions accordingly. Mayor Underwood expressed satisfaction with the project outcome, including the provision of 16 deed‑restricted units at 100% AMI. She noted reservations regarding the Town’s purchase of the commercial space but acknowledged the current stage of the project and expressed appreciation for the integration of the commercial components. She also expressed hope that the project would activate the pedestrian mall and increase tax revenues in the area. Mayor Underwood thanked staff for the parking agreement and revisions to the fund release waterfall and stated she is supportive of the project and will vote in favor. Mr. Heil presented a revised and updated diagram for the Community Space in Exhibit C, which was displayed to Council and the public as part of the record, including proposed property conveyances to the Town. He indicated that, once further refined, the diagrams would be incorporated into the Development Agreement to satisfy the applicable conditions. Following deliberation, Mayor Pro Tem Carroll moved to approve the Development Agreement with the conditions read into the record, as proposed by the Town Manager and revised during the public meeting. Councilor Hyatt seconded the motion. The motion passed 5–1, with Councilor Hardy voting in opposition. 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission Minutes (Development Coordinator Emily Block) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. May 19 Draft Health & Rec Committee Minutes (Recreation Director Michael Labagh) 7.4. Parks Seasonal Review/Outlook (Recreation Director Michael Labagh) 7.5. Village at Avon Permitting Updates (Director of Engineering Eva Wilson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:59:10 Mayor Underwood reported that Commissioner Boyd had texted her that $40 million in federal funding is anticipated to be released, for Shoshone water right preservation, noting its significance for our Community. She added that she, Mr. Heil, and Councilor Brooks would receive a briefing from the Colorado River Conservation District on Thursday. She also noted that SunsetLIVE! began the previous Sunday and will continue every Sunday through September, and that AvonLIVE! will begin this week on Wednesday and run weekly on Wednesday evenings through August 19. Councilor Brooks reported that Sarah Smith Hymes coordinated a meeting with Wildridge residents regarding water consumption, with participation from Eagle River Water and Sanitation District. He stated the meeting was well attended, with questions primarily related to the golf district, which is outside the Town’s control. He noted the discussion included lawn irrigation reduction efforts and available resources for turf replacement. The Eagle County Conservation District (ECCD) also participated and held office hours at the Avon Public Library from 10:00 a.m. to 1:00 p.m. the following day to provide additional AVON REGULAR MEETING MINUTES TUESDAY MAY 26, 2026 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 information on conservation programs, including the Beyond Lawn initiative. Councilor Hardy reiterated comments made by Ian Grask, recognized Tim McMahon for being named the winner of the Vail Valley Partnership Community Impact Award – Individual Category, and acknowledged Mr. Grask for his nomination in the same category. She also extended birthday wishes to Mayor Underwood and congratulated Breck Boyd for winning four swim titles. Councilor Hyatt reported on the Health and Recreation Committee meeting held the previous week, noting discussions focused on delays in Recreation Center maintenance. He stated the project is expected to be deferred by one fiscal year, with plans to proceed the following year. 9. EXECUTIVE SESSION Video Start Time: 02:05:15 Mayor Underwood requested a motion from her fellow councilors to proceed into Executive Session. Councilor Stanley motioned to retire into Executive Session for the purpose of discussing a: 9.1. a Personnel Matter Concerning the Town Manager Annual Review Pursuant to CRS §24-6-402(4)(F) (Town Manager Eric Heil); and 9.2. a Personnel Matter Concerning the Town Attorney Annual Review Pursuant to CRS §24-6-402(4)(F) (Town Manager Eric Heil). Councilor Hyatt seconded the motion. The motion carried unanimously, 6-0. Councilor Thuon was absent. The time was 07:07 p.m. At the roll call, all members of Council were present as indicated above with Councilor Thuon absent. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, and Town Attorney Nina Williams. The Executive Session commenced at 07:18 p.m. The Executive Session adjourned at 09:48 p.m. 10. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 09:48 p.m. These minutes are a summary of the proceedings of the meeting and are not intended to be comprehensive or to include each statement, identify each speaker, or reflect the proceedings with complete accuracy. The most accurate record of the meeting is the audio recording maintained in the Town Clerk’s Office and the video recording available for a limited time at High Five Media at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Underwood ___________________________________ 970.748.4004 eric@avon.org TO: Honorable Council members FROM: Tamra N. Underwood, Mayor RE: Town Manager Employment Agreement DATE: June 5, 2026 SUMMARY: Council discussed the annual performance review of Eric Heil, Avon Town Manager, at its last Council meeting on May 26, 2026. Thank you for your valuable participation. At our June 9, 2026 Regular Meeting, I will ask that you please approve the attached form of Amended and Restated Employment Agreement with the Town Manager. Please see the attached redline (the first attachment) which highlights these changes from 2025. The principle amendments include a 4% merit increase to salary and a 3% competitive salary increase. The competitive salary review occurs every other year (on even years) in accordance with the Town of Avon’s Employment Policies. See ATTACHMENT B: for the updated Town Manager comparator salary survey. Paragraph 7.2 was updated to reflect that Eric is providing occasional civics lectures but is not considering teaching a regular course for an entire semester. The proposed updated Amended and Restated Employment Agreement with the Town Manager is attached to this report. I recommend approval. PROPOSED MOTION: “I move to approve the Town of Avon Town Manager Amended and Restated Employment Agreement.” Thank you, Tamra ATTACHMENT A: Town of Avon Town Manager Amended and Restated Employment Agreement ATTACHMENT B: Town Manager Salary and Compensation Survey Town Manager Employment Agreement June 9, 202610, 2025 Page 1 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold TOWN OF AVON TOWN MANAGER AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS TOWN MANAGER AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is originally effective April 9, 2019 and amended and restated as of June 9, 202610, 2025 by and between Eric J. Heil, (the “Manager”) and the Town of Avon, Colorado (the “Town”), a Home Rule municipality in the State of Colorado (individually, a “Party” and collectively, the “Parties”), and is made to set forth the terms and conditions of Manager’s employment with the Town. WHEREAS, this Agreement shall replace and supersede the prior Agreement, dated June 10, 202511, 2024 and all other prior agreements regarding employment prior to this Agreement. NOW, THEREFORE, in consideration of the mutual promises and payments herein contained, the Parties agree to the following terms and conditions: 1.0 EMPLOYMENT. Manager is employed as Town Manager of the Town for an indefinite period as an at-will employee, subject to: the terms and conditions of this Agreement; the Town of Avon Employee Policies and the Avon Home Rule Charter, as each and all may be amended from time to time. 2.0 DUTIES. Manager is employed as Town Manager in a full-time capacity, with such duties and functions as are specified in the Town of Avon Home Rule Charter, as may be specified by ordinance or in the Avon Municipal Code, and as may be directed by the Town Council. 3.0 COMPENSATION. 3.1 BASE SALARY. The Town agrees to continue to pay Manager a base annual salary (“Base Salary”) of TWO HUNDRED FIFTY-SIXFORTY-SIX THOUSAND ONETWO HUNDRED DOLLARS ($256,100.00246,200.00), from nowJanuary 1, 2025, through June 30, 20262025, and which shall be increased by SEVEN PERCENT (7%) (comprised of a 4% merit increase and a 3% increase under the town-wide biennial/even- years competitive salary adjustment) to TWO HUNDREDSEVENTY-FOUR FIFTY-SIX THOUSAND TWENTY-SEVENONE HUNDRED DOLLARS ($274,027.00256,100.00) effectiveon July 1, 20262025. Payment of the Base Salary under this Agreement shall be made in equal installments on a biweekly basis during the term of this Agreement. The Base Salary shall be prorated for any calendar year in which the Manager is employed for fewer than 12 months. 3.2 AUTOMOBILE ALLOWANCE. Manager shall continue to receive FIVE Formatted: Font: (Default) Times New Roman, Not Bold ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 2 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold HUNDRED SEVENTY-FIVE DOLLARS ($575.00) per month (originally, effective July 1, 2023), as additional, taxable compensation in return for his use of his own, owned automobile in conducting Town business. The Manager shall be expected to use his personal vehicle for travel to and from business meetings and on trips related to performance of Town Manager duties. The Manager shall, therefore, not be eligible for mileage reimbursement. 3.3 HOUSING ALLOWANCE. Manager shall continue to receive ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) per month, (originally effective July 1, 2023), as additional, taxable compensation to defray the costs of maintaining a primary residence in Avon, Colorado. 3.4 RETIREMENT. Beginning on the Commencement Date, tThe Town shall contribute an amount into the Town of Avon Public Employees Money Purchase Pension Plan (the “401(a) Plan”) equal to that amount the Manager defers into the 401(a) Plan. As of the Commencement Date, that amount is eleven percent (11%) of the Manager’s Base Salary. The Town’s matching contribution shall be paid into the 401(a) Plan in biweekly installments. In addition to the 401(a) Plan, the Manager shall be eligible to participate in the Town’s Section 457 Deferred Compensation Retirement Plan in accordance with the terms and conditions of that plan, and to the extent that the Town maintains that plan. 3.5 INSURANCE BENEFITS. The Town shall provide and pay that portion of the premiums for health, dental, vision, and term life insurance for Manager and his dependents that it pays on behalf of other full-time employees of the Town in accordance with Town of Avon Compensation & Benefits Programs, effective on the date of this Agreement, January 1, 2016, as may be amended from time to time (the “Insurance Benefits”). 3.6 PAID TIME OFF. The Manager shall be entitled to paid time off (“Paid Time Off”) at the rate of an employee with ten (10) years of employment with the Town. as of commencing on October 1, 2020. 3.7 [INTENTIONALLY OMITTED.] 3.8 OTHER BENEFITS. Manager shall be entitled to participate in any other benefits that are provided by the Town to other full-time, executive employees in accordance with the applicable participation requirements. 3.9 COMPENSATION ADJUSTMENT. The Compensation of the Manager may be adjusted based upon the Manager’s annual performance evaluation, as set forth in Section 4 below, by the Town Council, subject to the Town Council’s sole discretion. Any change in Compensation shall be effective on such date as Council may determine in its sole discretion. Compensation adjustments shall be made by motion and vote and do not require amendment of this Agreement. ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 3 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold 4.0 PERFORMANCE REVIEW. The Town Council shall strive to complete the annual performance review of the Manager in May of each calendar year, unless the Town Council determines a different month during which to complete an annual performance review. The Town Council also may require a performance evaluation at any time a majority of the Council deems a review is necessary. The Town Council shall inform the Manager as to the Town Council’s opinion and expectations regarding his performance as Town Manager based upon such performance criteria as the Town Council may utilize in its sole discretion. 5.0 COMMENCEMENT OF EMPLOYMENT AS TOWN MANAGER. The Effective Date of the Agreement is April 9, 2019, irrespective of the date or dates upon which the Parties execute it. Manager shall commenced his duties as Town Manager on Monday, April 29, 2019, (“Commencement Date”). 6.0 FACILITIES. The Town shall furnish office facilities and assistance for Manager as the Town Council deems appropriate for the performance of Manager’s duties. 7.0 LIMITATION ON EXTERNAL PROFESSIONAL ACTIVITIES. Manager shall not engage in any non-Town employment activities for compensation without the express written consent of the Town Council. It is the intent of the Parties that Manager’s employment will require his full-time commitment. The following matters constitute written consent of Council for limited outside employment activities for compensation: 7.1 The Manager shall be permitted to pursue his occasional efforts as a professional musician, so long as they do not interfere with the performance of his Town duties. While the Manager may accept payment for musical engagements, he may not accept payment with respect to any engagement that the Town funds, directly or indirectly, in whole or in part. 7.2 The Manager shall be permitted to teach occasional Civics for Citizens lectures one political science course per semester at Colorado Mountain College, which shall be reviewed during the 20272026 annual performance review to determine if this outside employment activity negatively impacts Managers full-time commitment to the Town of Avon. 8.0 PARTICIPATION IN PROFESSIONAL ORGANIZATIONS. Participation in professional organizations and voluntary programs is encouraged, provided they are consistent with the responsibilities of the Town Manager and with the interests of the Town. The Town shall pay Manager’s membership fees and reasonable costs of participation in the International City Manager’s Association; the Colorado Bar Association; the American Planning Association; the Colorado Chapter of the American Planning Association; and other memberships and professional development activities the Town Council determines are consistent with his employment. The Town shall also pay those attorney registration fees and reasonable continuing legal education costs required for the Manager to maintain an active license to practice law in the State of Colorado. ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 4 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold 9.0 CONFERENCE ATTENDANCE. The Town shall pay for all reasonable expenses related to Manager’s attendance at: the International City Manager’s Association annual conference; all Colorado Association of Ski Town monthly meetings and ; the Colorado Association of Ski Towns annual conferences; the Colorado Municipal League annual conference; and at least one other out-of-state conference to be selected at the reasonable discretion of the Manager. Manager may propose additional job-related training, education, and professional memberships and participation, which shall be subject to review and approval by the Town Council. 10.0 TERMINATION WITH SEVERANCE. This Agreement may be terminated, and the Manager shall receive the below-defined Severance, in the event of the following: 10.1 The Town may terminate Manager’s employment without Cause (“Cause,” as defined below in Section 12), at any time, upon the vote of the majority of the Town Council, and nothing contained in this Agreement shall restrict any Town Council member from making a motion or voting to terminate Manager’s employment without Cause at any regular or special meeting. 10.2 The Manager may terminate his employment by resigning the position of Town Manager for Good Reason. As used in this provision, “Good Reason” shall mean: 10.2.1 Upon receiving the recommendation that he resign from the Town Council, as represented by a majority of its members; or 10.2.2 Upon the Town’s breach of any material provision of Section 3.0 that remains uncured for forty-five (45) consecutive days after Manager provides the Town Council written notice of the alleged breach and demand for cure. 11.0 SEVERANCE. 11.1 The Town shall provide the Manager a severance payment (“Severance,” as defined below), if Manager’s employment is terminated by the Town without Cause, or by the Manager for Good Reason, so long as the Manager executes the Severance, Waiver, and Release of Claims Agreement described below. 11.2 The Town shall not be obligated to pay Severance if Manager’s employment is terminated for Cause, defined below in Section 12, or in the case that Manager resigns voluntarily without Good Reason, as set forth in Section 13. 11.3 The Severance payment shall equal four (4) months’ Base Salary, at the Manager’s then-current rate of pay, and the cost of Insurance Benefits as described in Section 3.5, above, for the same four-month period. 11.3.1 Severance payments shall be subject to and conditioned upon the Manager’s ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 5 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold execution of a Severance, Waiver, and Release of Claims Agreement, in a form substantially similar to that attached to this Agreement as Exhibit One. 11.3.2 The Severance payment shall be paid in a lump sum within twenty (20) days after the expiration of all applicable consideration and revocation periods provided for in the Severance, Waiver, and Release of Claims Agreement. 11.3.3 The Severance payment shall be reduced by all taxes and other withholdings required by law, and by the outstanding balance of any amount due and owing from the Manager to the Town. 11.3.4 Severance shall include reimbursement to Manager for his payment of premiums necessary to maintain Insurance Benefits through COBRA or other applicable laws or regulations providing continuation of coverage for four (4) months following the termination of his employment by the Town without Cause, or by the Manager for Good Reason. 12.0 TERMINATION FOR CAUSE WITHOUT SEVERANCE. This agreement may be terminated for Cause, at any time, upon the vote of the majority of the Town Council. 12.1 For the purpose of this Agreement, “Cause” shall consist of: 12.1.1 Conduct by Manager which is fraudulent or dishonest, including the Manager’s intentional failure to provide known information to the Town Council that is material to Town Council actions; or 12.1.2 Manager’s conduct that, if proven, would constitute a criminal offense evidencing poor character or judgment, or moral turpitude, where Town Council finds that there is reason to believe that such conduct occurred; or 12.1.3 Negligence, malfeasance, misfeasance, or nonfeasance in office; intentional or negligent violation of state or federal civil rights; or sexual harassment; or 12.1.4 Excessive use of alcohol or drugs, which renders Manager unfit or unable to perform his duties, as determined by the Town Council. 12.2 If the Town Council intends to consider termination of Manager’s employment for Cause, the Town Council, at any time, upon the vote of the majority of such Council, shall give Manager written notification stating the Cause for termination (“Notice of Termination for Cause”). If the Manager desires to question whether the matters stated in the Notice of Termination for Cause are accurate, or whether they constitute Cause, Manager shall have the right to do so on written notice (“Notice of Appeal”) to the Town Council given within ten (10) days after his receipt of the Notice of Termination for Cause. Upon receiving the Manager’s Notice of Appeal, the Town Council shall provide the ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 6 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold Manager a hearing before the Council within 15 business days. Such hearing shall be conducted in accordance with rules of procedure reasonably established by the Town Council. The Town Council’s determination, which shall be delivered to the Manager within five (5) business days of the Manager’s appeal hearing, shall be final and shall not be subject to further review. 12.3 If the Manager resigns upon notice from the Town Council that it is considering terminating the Manager’s employment for Cause, Town Council, in its sole discretion, may elect to treat such resignation as a termination for Good Reason, with Severance, in accordance with Section 10.2, above, or may elect to treat such resignation as a resignation without Good Reason in accordance with Section 13.0 below, in which case such resignation shall be effective immediately and Manager shall not be entitled to Severance. 13.0 RESIGNATION. As an at-will employee, if Manager voluntarily resigns Manager’s position with the Town in a manner not contemplated by Section 10, Manager shall strive to provide a minimum of forty-five (45) days written notice, unless the Parties otherwise agree. Upon the effective date of resignation, Manager shall be entitled to no further compensation or benefits under this Agreement or otherwise, but will be compensated for accrued, but unused, Paid Time Off in accordance with the Town of Avon Compensation and Benefits Programs, effective January 1, 2016, as may be amended from time to time. 14.0 ARBITRATION. Whenever a dispute arises with respect to this Agreement, or as to any aspect of the Manager’s employment or the termination thereof, that the Parties are unable to resolve through negotiation or other informal process, then, upon written demand of either Party, such dispute shall be submitted to binding arbitration conducted by the Judicial Arbiter Group, Inc. of Denver, Colorado, or its successor, or by such other arbitrator as the Parties may mutually select, pursuant to the rules and procedures determined by agreement of the Parties or, failing such agreement, by the arbitrator. The arbitration hearing shall be held within sixty (60) days of appointment of the arbitrator unless otherwise agreed by both Parties. Furthermore, each Party shall be entitled to one deposition. The Colorado Rules of Evidence shall not apply unless otherwise agreed by the Parties or determined by the arbitrator. Further, the arbitrator shall have discretion to determine whether any proffered evidence is sufficiently reliable and probative to be admitted. The determination of the arbitrator shall be final and absolute. The award of the arbitrator may be entered as a judgment in any court in the State of Colorado or elsewhere. If the Parties are unable to mutually agree on the selection of an arbitrator, then each Party shall select an arbitrator and the two arbitrators shall select a third arbitrator who shall make the determination, render final decisions, and issue an award. The Town shall bear the costs of any arbitration proceeding, however the Town and the Manager shall each bear their own attorney’s fees. The Parties intend this arbitration agreement to be a full and complete waiver of their rights to seek redress in any dispute between them related to the Manager’s Town employment from a court or before a jury. 15.0 INDEMNIFICATION. The Town shall defend, save harmless, and indemnify Manager ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 7 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other liabilities incurred by, imposed upon, or suffered by Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of an alleged act or omission in the performance of Manager’s duties as Town Manager or resulting from the Manager’s exercise of judgment or discretion in connection with his proper performance of duties or responsibilities on behalf of the Town, except to the extent the act, omission, or exercise involves the Manager’s reckless, willful, or wanton conduct; intentional misconduct; or, an act, omission or exercise that meets the definition of Cause. Manager may request the Town to provide independent legal representation acceptable to Manager at the Town’s reasonable expense and the Town shall not unreasonably withhold approval. Legal representation provided by the Town for Manager shall extend until a final determination of the legal action including any appeals brought by either party. Any settlement of any claim must be made with prior approval of the Town in order for indemnification as provided in this Section to be available. 16.0 NOTICES. All written notifications contemplated in this Agreement shall be sent to the following addresses via U.S. Mail or nationally recognized overnight courier, provided that the Manager may amend the address for notification by providing written notice of such address change: If to the Town: If to Manager: Mayor Town of Avon 100 Mikaela Way P.O. Box 975 Avon, CO 81620 Eric J. Heil P.O. Box 152 Avon, CO 81620 With Copy to: Town Attorney 100 Mikaela Way P.O. Box 975 Avon, CO 81620 _______________________________ _______________________________ _______________________________ _______________________________ 17.0 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties as to the subject matter hereof and may not be changed orally, but only by written agreement signed by both Parties. 18.0 BINDING EFFECT. The Agreement shall be binding upon the Town and Manager and, as applicable, upon their heirs, personal representatives, successors, and authorized assigns. 19.0 ASSIGNMENT. The rights and obligations of this Agreement are personal in nature and shall not be assigned or otherwise conveyed by a Party without the prior written consent of the other Party. 20.0 NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 8 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold enforcement, shall be strictly reserved to the Town and Manager, and nothing contained in this Agreement shall give or allow any such claim or right of action by any third person to this Agreement. It is the expressed intention of the Town and Manager that any person other than the Town or Manager receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 21.0 SEVERABILITY. The validity or partial invalidity of any provision of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the Parties shall negotiate and diligently seek to reach agreement regarding the intent of the Parties concerning any such invalid provision. Accordingly, if any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to remain in full force and effect. 22.0 INDEPENDENT LEGAL ADVICE. The Manager acknowledges that the Town has advised him to obtain independent legal advice with respect to entering into this Agreement, and that he has obtained such independent legal advice to the extent he deemed appropriate. Manager further acknowledges that he is entering into this Agreement with full knowledge of the contents hereof, of the Manager’s own free will, and with full capacity and authority to do so. 23.0 ARTICLE X, SECTION 20/TABOR. The Parties acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Town of Avon, and other applicable law. Upon the Town’s failure to appropriate such funds, this Agreement shall be deemed terminated and the Manager shall be deemed terminated without Cause, unless such action is the result of a prior termination for Cause pursuant to Section 12. 24.0 COUNTERPART EXECUTION. This Agreement may be executed by the Parties in counterparts, which, together, shall form a single document. Signature Page Follows ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 9 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold The Town of Avon, evidenced by the signature of its authorized representative, has read and considered this Town Manager Employment Agreement, understands its terms and conditions, and hereby agrees to employ Eric J. Heil as Avon Town Manager on the terms and conditions set forth herein. TOWN OF AVON, COLORADO BY:_____________________________________ _________________ Tamra Nottingham Underwood, Mayor Date ATTEST:________________________________ _________________ Miguel Jauregui Casanueva, Town Clerk Date APPROVED AS TO FORM: ________________________________________ Nina Williams, Town Attorney Eric J. Heil, as evidenced by his signature below, has read and considered this Town Manager Employment Agreement, understands its terms and conditions, and hereby agrees to serve as Avon Town Manager on the terms and conditions set forth herein. ____________________________________________ __________________ Signature Date ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 10 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold TOWN OF AVON TOWN MANAGER EMPLOYMENT AGREEMENT EXHIBIT ONE: Form of Severance, Waiver, and Release of Claims Agreement ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 11 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold TOWN of AVON, COLORADO SEVERANCE, WAIVER & RELEASE OF CLAIMS AGREEMENT THIS DOCUMENT IS INTENDED AS AN EXAMPLE ONLY AND DOES NOT CONSTITUTE A CURRENT OFFER OF SEVERANCE FROM THE TOWN OF AVON TO THE TOWN MANAGER. This Severance, Waiver, and Release of Claims Agreement (the “Agreement”) is entered into by and between the undersigned Town Manager, Eric J. Heil (“You”) and the Town of Avon, Colorado, and its respective elected officials, employees, agents, representatives, attorneys, and insurers (collectively the “Town”). You and the Town will be referred to collectively as the “Parties.” 1. Your employment with the Town will conclude on , 20 (the “Separation Date”), irrespective of the date upon which You execute this Agreement. 2. By your signature below, You acknowledge and agree that, as of the Separation Date, You were paid all wages or salary, all accrued unused vacation time, characterized by the Town as Paid Time Off, and any other compensation due and owing to You through the Separation Date, less the applicable tax or other deductions required by law, or deductions authorized by You in writing. 3. By your signature below, You agree that You have returned or, within seven (7) days of the Separation Date, will return all the Town property, including all copies of Town documents, which You have had in Your possession, custody, or control at any time through the end of Your employment. Town property includes, but is not limited to, Town files, notes, records, financial information, computer hardware, cellular phones, credit cards, entry cards, identification badges, keys, and any tangible property or materials of any kind that contain any Town proprietary or confidential information. You further agree to return all relevant proprietary information related to the Town that is currently loaded on any hard drive, flash drive, lap top, compact disc, or other electronic medium in your control and You shall not maintain copies of such information after returning it to the Town. 4. If You execute this Agreement, and do not revoke it, the Town agrees to pay the “Separation Benefit,” consisting of: (a) A single, lump sum payment in the amount of Dollars ($ ), which is equivalent to four (4) months’ compensation at your regular rate of pay, less all applicable deductions and local, state, and federal taxes. If You execute this Agreement and do ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 12 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold not revoke your execution, this amount will be paid to You within twenty (20) days after the expiration of the revocation period provided for in this Agreement. (b) Reimbursement of amounts You pay to continue your Insurance Benefits for a period of four (4) months following the Separation Date. The Town will issue this reimbursement to You within thirty (30) days of receiving reasonable evidence that You paid the required monthly premium. 5. Should You make a claim for unemployment insurance benefits, the Town will not contest or oppose any award of such benefits, but will accurately respond to inquiries submitted to the Town by the Colorado Department of Labor and Employment. 6. Other than the continuation of health insurance benefits under COBRA, as of the Separation Date, You shall not be eligible to participate in any of the Town’s health benefit plans, including, but not limited to, any plans or programs of medical, dental, or vision insurance. Likewise, as of your Separation Date, You shall not be eligible to participate in the Town’s other employee benefit plans. Nothing in this Section shall prevent You from participating in a COBRA continuation coverage program or any similar state medical and dental insurance continuation coverage program (“COBRA continuation coverage”). 7. YOU SHALL BE RESPONSIBLE FOR TIMELY ELECTION OF COBRA CONTINUATION COVERAGE AND FOR ALL COBRA CONTINUATION COVERAGE PAYMENTS. YOUR FAILURE TO TIMELY ELECT COBRA CONTINUATION COVERAGE OR TO TIMELY REMIT COBRA CONTINUATION COVERAGE PREMIUMS SHALL CAUSE AN IMMEDIATE LOSS OF YOUR COBRA CONTINUATION COVERAGE WITHOUT FURTHER NOTICE. 8. You agree that You desire to receive the Separation Benefit, and that the amount offered to You is above and beyond that to which You would otherwise be entitled. You further acknowledge that: your decision to release the Town is entirely voluntary; You have not been pressured into accepting the Separation Benefit; and You have enough information about the Separation Benefit to decide whether to execute this Agreement. If, for any reason, You believe that your acceptance of the Separation Benefit is not entirely voluntary, or if You believe that You do not have enough information, then You should not execute this Agreement. 9. You acknowledge that You have read and that You understand this Agreement. 10. You agree that, to the maximum extent permitted by applicable law, by executing this Agreement, You hereby covenant not to institute any legal or administrative proceeding against the Town and are fully, finally and forever releasing any and all claims that You have or may have against the Town, to the maximum extent permitted by law, as follows: (a) You agree that by executing this Agreement, You intend to release and forever discharge, and in fact release and forever discharge, the Town and its past and present ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 13 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold trustees, officers, agents, insurers, attorneys, assigns, and other representatives of any kind (collectively the “Released Parties”) from any and all claims, demands, rights, liabilities, and causes of action of any kind or nature, known or unknown, arising prior to or through the date that You execute this Agreement; and (b) You agree that your release includes, but is not limited to any and all claims, demands, rights, liabilities and causes of action arising or having arisen out of or in connection with your employment or termination of employment with the Town; and (c) With the exception of claims for the Separation Benefit payable to You and claims for any unemployment benefits to which You may be entitled, by your signature below, You intend to and do release and waive any claim or right to further compensation, benefits, damages, penalties, attorneys' fees, costs, or expenses of any kind from the Town; and (d) This release specifically includes, but is not limited to, a release of any and all claims pursuant to: (i) state or federal wage payment laws; (ii) the Colorado Anti-Discrimination Act; (iii) Title VII of the Civil Rights Act of 1964; (iv) the Rehabilitation Act of 1973; (v) the Reconstruction Era Civil Rights Acts, 42 U.S.C. §§ 1981-1988; (vi) the Civil Rights Act of 1991; (vii) the Americans with Disabilities Act & the Americans with Disabilities Amendments Act of 2008; (viii) Executive Order 11246; (ix) the Family Medical Leave Act of 1993 and any other state or federal family and/or medical leave acts; (x) the Consolidated Omnibus Budget Reconciliation Act of 1985; (xi) the Uniformed Services Employment and Reemployment Rights Act; (xii) the Genetic Information Nondiscrimination Act of 2008; (xiii) the Employee Retirement Income Security Act of 1974; and ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 14 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold (xiv) any other federal, state or local laws or regulations of any kind, whether statutory or decisional. This release also includes, but is not limited to, a release of any claims for wrongful termination, personal injury, breach of contract, defamation, misrepresentation, violation of public policy or invasion of privacy, and tortious interference with contract. This release covers claims that You know about as well as those You may not know about; and (e) To the extent allowed by applicable statutory and regulatory law, the release contained in the preceding paragraph includes a waiver of rights and claims which You may have arising under the federal Age Discrimination in Employment Act of 1967 (Title 29, United States Code, 621 et seq.) (the “ADEA”). Pursuant to the Older Workers Benefit Protection Act (Public Law 101-433; 1990 S. 1511), You acknowledge that this release is intended to apply to, and You expressly agree that it shall be effective as a waiver of, rights and claims arising under the ADEA; and (f) This release does not include any claims that cannot be released or waived by law. Nothing in this Agreement is intended to limit, restrict or interfere with your right to engage in any protected activity under the National Labor Relations Act. Further, by executing this Agreement, You do not waive rights and claims that may arise subsequent to the execution of this Agreement. Execution of this Agreement does not affect your ability to participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the Colorado Civil Rights Division, or a comparable local agency. However, notwithstanding the foregoing, You agree to waive your right to recover monetary damages in any amount awarded in any charge, complaint, or lawsuit filed by You or by anyone else on your behalf; and (g) You agree that this Agreement is intended to be interpreted in the broadest possible manner in favor of the Town, to include all actual or potential legal claims that You may have against the Town, except as specifically provided otherwise in this Agreement; and (h) You further agree that You have not experienced any illness, injury, or disability compensable or recoverable under the worker’s compensation laws of the State of Colorado that You have not reported to the Town and You agree that You will not file a worker’s compensation claim asserting the existence of any such illness, injury, or disability; and (i) You agree that You have been and are hereby advised by The Town to consult with an attorney prior to executing this Agreement. 11. You agree that the Separation Benefit that You are accepting by signing this Agreement has value to you. You agree that You would not be entitled to the Separation Benefit without signing this Agreement. You acknowledge that You will receive the Separation Benefit in exchange for the benefit You are providing to the Town and the Released Parties by signing this ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 15 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold Agreement. You also acknowledge and agree that the Town will withhold from the Separation Benefit all applicable deductions and federal, state and local taxes. 12. You agree that the Separation Benefit is the only benefit You are to receive by signing this Agreement, and that in signing this Agreement You did not rely on any information, oral or written, from anyone, including your supervisor, other than the information contained in this Agreement. 13. You represent that You have not previously assigned or transferred any of the legal rights and claims that You have waived by signing this Agreement. You agree that this Agreement also binds all persons who might assert a legal right or claim on your behalf, such as your heirs, personal representatives, and assigns. 14. You agree not to disparage the Town, its trustees, officers, employees, agents, or reputation. 15. This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which shall be deemed to constitute one instrument. 16. You agree that: (a) this Agreement constitutes the entire agreement between You and the Town regarding its subject matter, without regard to any other oral or written information that You may have received about this Agreement; (b) if any part of this Agreement is declared to be unenforceable, all other provisions of this Agreement shall remain enforceable; and (c) this Agreement shall be governed by federal law and by the laws of the State of Colorado, irrespective of the choice of law rules of any jurisdiction. 17. You also agree that to the extent You are bound by a proprietary information agreement or confidentiality agreement, those agreements are not released hereby. 18. You have up to twenty-one (21) days after You receive this Agreement to consider whether to execute this Agreement (the “Deliberation Period”). During the Deliberation Period, You should consult with an attorney of your choosing and consider whether You wish to sign this Agreement. You agree that, after You have signed and delivered this Agreement to the Town, this Agreement will not be effective or enforceable until the end of a seven (7) day revocation period beginning the day that You deliver this Agreement to the Town (the “Revocation Period”). You understand that You will not receive the Separation Benefit as applicable until the Revocation Period has expired. During the Revocation Period, You may revoke this Agreement without condition and in your sole judgment, but You may do so only by delivering a written statement of revocation to the Town. If the Town does not receive a written revocation notice by the end of the Revocation Period, this Agreement will become legally enforceable and You may not thereafter revoke this Agreement. Remainder of page intentionally blank; signature page follows ATTACHMENT A: Amended and Restated Employment Agreement Town Manager Employment Agreement June 9, 202610, 2025 Page 16 of 16 Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: Not Bold Formatted: Footer Formatted: Font: (Default) Times New Roman, Not Bold Formatted: Font: (Default) Times New Roman, Not Bold By signing below You: (a) acknowledge that You have read and understand this Agreement; (b) understand that it is a legally binding document that may affect your legal rights; and (c) have been advised to consult a lawyer of your choosing before signing this Agreement and have had an opportunity to do so to the extent you deem appropriate. ERIC J. HEIL Signature: Date: The Town of Avon, evidenced by the signature of its authorized representative, has read and considered this Town Manager Severance, Waiver, and Release of Claims Agreement, understands its terms and conditions, and hereby agrees to these terms and conditions with respect to the departure from employment of Eric J. Heil as Avon Town Manager on the terms and conditions set forth herein. TOWN OF AVON, COLORADO BY: , Mayor Date ATTEST: , Town Clerk Date ATTACHMENT A: Amended and Restated Employment Agreement Comparator Communities Base Salary Housing Assistance Housing Value Auto Auto Allowance Value Retirement Match Retirement Match Value 2026 Total Comp 2025 Total Comp Breckenridge $ 270,112.00 na $ - $1,000/month $ 12,000.00 17% ER $ 45,919.04 328,031.04$ 312,982.50$ Frisco 232,870.00$ house offered $ 52,200.00 town car $ 5,850.00 16.5% ER $ 38,423.55 329,343.55$ 282,650.80$ Silverthorne 260,000.00$ housing stipend $ 24,000.00 $350/month $ 4,200.00 10.5% ER $ 27,300.00 315,500.00$ 277,726.44$ Village $ 218,649.00 house offered $ 42,000.00 $300/month $ 3,600.00 19% ER $ 41,543.31 305,792.31$ 293,391.32$ Telluride 222,560.00$ housing stipend $ 30,000.00 town car $ - 10% ER + Soc Sec $ 22,256.00 274,816.00$ 258,800.00$ Vail $ 242,642.00 house offered $ 48,000.00 town car $ 6,000.00 11% ER (up to 16%)** $ 27,054.58 323,696.58$ 315,088.80$ Average 241,138.83$ $ 32,700.00 $ 5,275.00 33,749.41$ 312,863.25$ 290,106.64$ AVON current 256,100.00$ $1500/month $ 18,000.00 $575/month $ 6,900.00 11% ER 28,171.00$ 309,171.00$ 279,978.00$ Merit 4%, Competitive 3%7% AVON-July 1, 202 274,027.00$ $1500/month $ 18,000.00 $575/month $ 6,900.00 11% ER 30,142.97$ 329,069.97$ 298,139.55$ Comparator Communities Base Salary Housing Assistance Housing Value Auto Auto Allowance Value Retirement Match Retirement Match Value 2026 Total Comp 2025 Total Comp Carbondale 222,000.00$ $ 14,175.00 $ - $ - $ - 5% $ 11,100.00 233,100.00$ 229,905.90$ Gunnison 235,908.00$ $ - $ - $ - $ - 10% ER (457) $ 23,590.80 259,498.80$ 246,204.20$ Steamboat 244,400.00$ $ - $ - $ 6,000.00 $ - 10% $ 24,440.00 268,840.00$ 268,218.20$ Eagle County $ 283,483.00 $ 25,000.00 $ - $ - $ - 8% $ 22,678.64 306,161.64$ 295,807.68$ Mtn Village 225,347.00$ $ 26,214.00 $ - $ - $ - 9% max 3% actual $ 17,336.00 242,683.00$ 332,497.00$ Average 242,227.60$ $ - $ - 19,829.09$ 242,227.60$ 262,056.69$ TOWN MANAGER COMPENSATION: COMPARATOR COMMUNITY ANALYSIS - May 13, 2026 2026 Manager Comparison draft 05-07-2026 Page 1 5/19/2026 ATTACHMENT B: Town Manager Compensation Survey Slide Title Style Shown Here SpeakUpReachOut.org Suicide Prevention Coalition of the Eagle ValleyLet’s Talk About Suicide About SpeakUp ReachOut Discussing suicide has the power to heal. We’ve experienced it first hand. SpeakUp ReachOut reduces instances of suicide in Eagle County and helps those affected by it address their pain. Through educational programs, events, peer groups, and partnerships, we bring community members together to learn and share their unique experiences. Slide Title Style Shown Here SpeakUpReachOut.org Suicide by the Numbers SpeakUpReachOut.org Eagle County Statistics Year # of Suicides Average Age Male/Female Resident 2025 6 67 5 male; 1 female 5 yes; 1 no 2024 15 44 11 male; 4 female 12 yes, 3 no 2023 13 46 12 male; 1 female 11 yes; 2 no 2022 15 48 12 male; 3 female 14 yes; 1 no 2021 9 32 7 male; 2 female 8 yes; 1 no Healthy Kids Colorado Slide Title Style Shown Here SpeakUpReachOut.orgSpeakUpReachOut.org Prevention Framework Theory of Change By engaging the community and partnering with schools, healthcare providers, workplaces, community organizations, identified target populations, and local leaders, and by providing education, training, outreach, and postvention support, SpeakUp ReachOut empowers individuals and the community to reduce instances of suicide and promote mental well-being across Eagle County. Slide Title Style Shown Here SpeakUpReachOut.org ●Signature Event Series ●Peer Support Groups ●Suicide Prevention Trainings ●Signs of Suicide School Programming ●Coping Skills for Resilience ●Professional Development for providers and first responders ●Lethal Means Safety ●Retrospective Fatality Analysis ●Community Response & Loss Support Our Initiatives SpeakUpReachOut.org Slide Title Style Shown Here SpeakUpReachOut.org ●Level 1 ○Talk Saves Lives ○LivingWorks Start ○VitalCog: Workplace Suicide Prevention ○Question, Persuade, Refer (QPR) Training ○Soul Shop for Congregations ●Level 2 ○Mental Health First Aid ○Youth Mental Health First Aid ○Soul Shop for Leaders ○Spiritual First Aid ●Level 3 ○Applied Suicide Intervention Skills Training (ASIST) ○Professional Development Opportunities Learn More About Suicide Preventio n SpeakUpReachOut.org Training with SpeakUp ReachOut Slide Title Style Shown Here SpeakUpReachOut.org ●Laughter As Medicine - July 2 ○Dual Language Comedy Event, co-hosted with Vail Comedy Show -Eye of the Survivor Storytelling Retreat - August 8 Learn how to impactfully share your journey with mental health through storytelling ●Wear Yellow Day - September 10 ○Support suicide prevention and spread awareness in Eagle County ●Annual Memorial Ceremony - September 12 ○Remember, Reflect, Revitalize HOPE! ●Día de Muertos - November 1 ○Celebrate loved ones lost at this collaborative event Upcoming Events SpeakUpReachOut.org Slide Title Style Shown Here SpeakUpReachOut.org Language Matters SpeakUpReachOut.org Choosing Compassionate and Accurate Language ●Died of/by Suicide vs. Committed suicide ●Suicide v. Successful attempt ●Suicide Attempt vs. Unsuccessful attempt ●Describe behavior vs. manipulative/attention seeking ●Describe behavior vs. suicide gesture/cry for help ●Diagnosed with vs. they’re Borderline/Schizophrenic ●Working with vs. dealing with suicidal patient Slide Title Style Shown Here ●Safe storage is required to prevent unauthorized access, especially by children. ●Firearms in vehicles must be locked and kept out of sight. ●Lost or stolen firearms must be reported to law enforcement within 5 days. ●Extreme Risk Protection Orders (ERPOs) allow temporary firearm removal in high-risk situations. ●Background checks are required for most firearm transfers in Colorado. Colorado Firearm Safety Laws Reducing risk, preventing harm, saving lives. SpeakUpReachOut.org Slide Title Style Shown Here Any strategy that builds time between someone in suicidal crisis and a firearm will keep everyone safer. Please consider these options: ●Get connected with a healthy support group ●Seek help from a qualified professional ●Store your firearms off-site temporarily ●Ask a friend or family member to hold the keys, or store them somewhere safe where they’re not immediately available in a crisis ●Disassemble your guns and entrust a friend with non-regulated components Firearms and Suicide Gun Owners Can Help Prevent Suicide SpeakUpReachOut.org Slide Title Style Shown Here Directly from SpeakUp ReachOut ●Scan the QR Code or visit: https://www.speakupreachout.org/firearms-s afety Local Options (Eagle County) OR ANY Law Enforcement Agency ●Eagle County Sheriff's Office ○Call: 970-328-8500 ○Email: info@sheriff.eagle.co.us ○Ask about free lock pick-up ●Licensed Firearm Dealers ○Required by Colorado law to provide a free lock with purchase/transfer Requestin g A Locking Device SpeakUpReachOut.org ●Bullet style shown here ●Bullet style shown here ●Bullet style shown here ●Bullet style shown here Find a Group that meets your needs TODAY! Peer Support Where to Find Us @speakupreachouteaglecounty @speakupreachoutec @speakupreachoutwww.speakupreachout.org Follow. Like. Share. Slide Title Style Shown Here SpeakUpReachOut.org Get Help SpeakUpReachOut.org www.vailhealthbh.org 970-306-4673 Slide Title Style Shown Here SpeakUpReachOut.org ●2500+ students 5th-12th grade receive suicide prevention training each year ●97% of people are more comfortable talking about mental health and suicide after taking a training with SpeakUp Reachout ●186 students were identified as needing support in 25/26 SY as a result of our programs. Your Support Makes a Difference SpeakUpReachOut.org Suicide prevention programs are paid for by compassionate people like you Because of your community support, programs like this are available to everyone at no charge. 970-748-4413 matt@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Matt Pielsticker, Community Development Director RE: Development Plan Extension – Lot 3 DATE: May 29, 2026 SUMMARY: This report presents to Avon Town Council (“Council”) an extension of the Development Plan and Development Agreement approvals for Lot 3 (Mountain Vista). Copford Capital Management (the “Developer”) has been working diligently to secure a suitable general contractor for the project. The Developer indicated Construction is expected to commence in Spring 2027. The attached request (“Attachment A”) provides details with the continued progress and direction of the project. Since the approval of the Major Development Plan on June 27, 2023, the Developer proposed minor architectural revisions which were reviewed and approved administratively and revised the use of the project from a commercial hotel to a residential condo-hotel with a reduction in keys (rooms) from 160 hotel rooms to 111 hotel-condo units. The current design also includes a full-service restaurant and bar that will be open to the public. TIMELINE: • June 27, 2023 - Major Development Plan for the Lot 3 hotel was approved by the Avon Town Council. • March 15, 2024 – Effective date of executed Development Agreement. • July 16, 2025 – Minor Development Plan approved by Staff for design changes. • July 23, 2025 - The Applicant team (now represented by Copford Capital Management) submitted an application for a building permit. • March 10, 2026 – Town Council approved extension to Major Development Plan and Development Agreement to June 27, 2026. EXTENSION PARAMETERS: Pursuant to the Avon Municipal Code Section 7.16.020 General Procedures and Requirements, the following section governs the expectations and expiration for your Development Plan: “(g) Termination of Approval. All development approvals shall expire and become void two (2) years after the date of the approval if a building permit has not been issued prior to the expiration date, except when a different duration is specified in the development approval, a different duration is specified in the specific procedures for the development approval or a request for extension is approved by the reviewing authority which granted the original development approval. The owner shall submit a written request for an extension to the Director prior to the expiration date and shall state the reasons and circumstances for such extension request. The Director and the PZC may provide one (1) extension for a maximum of one (1) year. The Town Council may provide multiple extensions and may provide extensions greater than one (1) year.” Hidden Valley DA and PIA Amendment July 16, 2025 Page 2 of 2 OPTIONS: Council’s action is discretionary, and the following options are offered: • Approve one (1) year extension • Approve extension for different timeframe; or • Deny extension request and prompt new development plan/development agreement approvals. TOWN MANAGER COMMENTS AND RECOMMENDATION: The Developer has demonstrated a good faith effort with continued effort and continuing investment. The Curio Collection Hilton brand will provide a beneficial upscale hotel brand which will compliment the rebranding of the Comfort Inn. Prior development agreements for this property contemplated a full-service restaurant, which was a preference by Council in past decades, so the shift to the full-service restaurant and bar along with the condo-hotel is in alignment with past vision for development of this property. The shift to a condo-hotel will decrease the property tax increment that the Avon Urban Renewal Authority and Avon Downtown Development Authority will collect. The Town will receive increased real estate transfer taxes, including an initial “bump” when the project is completed and units are made available for sale. The sales tax and accommodations tax as a condo-hotel should be comparable to the prior commercial hotel proposal. The overall revenues that may be generated from development of this property will likely be driven more by the quality of the project rather than whether it is a commercial hotel or residential condo-hotel. I recommend approval of the one-year extension for the Lot 3 (Mountain Vista) condo-hotel project. RECOMMENDED MOTION: “I move to approve the extension of the Lot 3 Mountain Vista for one year, to June 27, 2027.” Thanks, Matt ATTACHMENT A: Lot 3 Extension Request Letter ATTACHEMENT B: Presentation LINKS: Development Agreement Development Plan Approval 6 501 E BELL EVI EW AVE. SU ITE 410, DENVER, C O 80111 PHONE (720) 719 -8700 • INFO@CO PFORDCM.COM May 29, 2026 Matt Pielsticker, Community Development Director Jena Skinner, Planning Manager Town of Avon SENT VIA EMAIL: mpielsticker@avon.org, jskinner@avon.org RE: Lot 3 Mountain Vista Development Agreement Extension Request Dear Matt and Jena, Please consider this a formal request to be added to the Agenda for the Avon Town Council Meeting on June 9, 2026 in the matter of a request for Extension to the Development Agreement dated March 15, 2024 between Lot 3 Mountain Vista LLC and the Town of Avon. Our current agreement expires on June 27, 2026, and the Copford Capital Management team is requesting a 12-month extension to June 27, 2027. The primary driver for this request was an unforeseen need to pivot between Contractors in early 2026. While we are currently negotiating with potential candidates, contractors qualified to build a project of this caliber in the mountains are of limited supply on short notice. We’ve been in contact with more than fourteen contractors during this process and are committed to selecting the proper Contractor in order to benefit both the project and neighborhood. Since approval of the Development plan, Lot 3 has also made significant enhancements to the project within the approved entitlements, since initially presented to Town Council. These include: •Building Program: The project has transitioned from a select service to full-service hotel with a restaurant and bar open to the community at large and a condo-hotel model – without changing the building footprint or reducing any parking counts. •Design: OZ Architecture has been retained as the principal designer with and increased the quality of materials selection, both interior and exterior •Brand Alignment: the project will fall within the Curio Collection by Hilton. Positioned within the luxury lifestyle segment, Curio Collection is a global portfolio of hotels that blend distinctive, locally inspired style with the reliability of Hilton’s trusted standards •Enhancements in Progress: The team is currently evaluating a tie-in to the municipal heat recovery system and onboarding food and beverage concepting through highly experienced restaurateurs. ATTACHMENT A 6 501 E BELL EVI EW AVE. SU ITE 410, DENVER, C O 80111 PHONE (720) 719 -8700 • INFO@CO PFORDCM.COM The team will utilize the coming months to accomplish the following items prior to construction start: • Contractor selection and negotiation • Finalize market pricing and value engineering exercises • Complete coordination with neighboring project (The Summit at Avon) • Evaluate incorporation of heat-recovery system • Finalize restaurant and bar concepting • Pull the Building Permit – contractor submissions remain • Secure financing and loan agreements • Begin presales of hotel-condo units • Mobilize to site and begin construction Due to the disruption of the contractor change, we are currently forecasting a construction start in the Spring of 2027. This is primarily driven by the necessary repricing activities and the availability of contractor professional manpower. This project is owned by two well-capitalized family offices with vast hospitality experience. If granted an extension, our team is committed to this project and to the Town of Avon. Significant investments have been made to date in this project, and we have strong belief in the product and its future success in the community. Best Regards, Brian Smith Director of Development Copford Capital Management cc: Eric Heil, Town of Avon Navin Dimond, Copford Capital Management Michael Warren, Copford Capital Management ATTACHMENT A BRIAN SMITH, Director of Development MICHAEL WARREN,General Counsel Development Agreement Extension Request Avon, CO Lot 3 Mountain Vista, LLC June 9, 2026 The information contained within this document is confidential and not intended for further distribution without the express written consent of Copford Capital Management, LLC (“Copford”). See important notes and legal disclosures at the end of this document. ATTACHMENT B AGENDA 01 02 03 04 05 Introduction Contractor Project Next Request Reselection Progress Steps PRIVATE AND CONFIDENTIAL 2 ATTACHMENT B 01 | INTRODUCTION PRIVATE AND CONFIDENTIAL 3 HISTORY •34 Years, 100+ Hospitality Projects, 20+ Brands •Current Portfolio: 50 Hotels (30 in Colorado) •Equity Partnership with GD Holdings for Lot 3 TEAM •Navin Dimond, Chairman & Founder -also founded a leading Hotel Management Company headquartered in Colorado •Brian Smith, Director of Development –10+ years Hospitality Development experience •Mike Warren, General Counsel –20+ years Hospitality and Eagle County Resort experience Four Seasons Hotel Nashville, TN Renaissance Hotel Denver, CO The Jacquard, Autograph Collection Denver, CO ATTACHMENT B 02 | CONTRACTOR RESELCTION PRIVATE AND CONFIDENTIAL 4 •Spring 2026: Reselection need arose •Primary Constraint: Limited availability of qualified firms with capacity to start today •RFP Process: 1 5 selected, numerous eliminated (qualifications), 2 -3 actively responding to the RFP •Schedule Challenges:Repricing, Value Optimization, Securing Permit ATTACHMENT B PRIVATE AND CONFIDENTIAL 5 02 | CONTRACTOR SOLICITATION Hotel Condo Mountain Vail Valley 1 Yes Yes Yes No Large Yes Submitted RFP Response 2 Yes Yes Yes Yes Large Yes In early pricing / schedule discussions 3 Yes Yes No No Large Yes Submitted RFP Response 4 Yes Yes Yes Yes Medium Yes Capacity Constraints until 2028/2029 5 Yes Yes Yes Yes Large Maybe Capacity Constraints until 2028/2029 6 Yes Yes Yes Yes Medium Yes Capacity Constraints until 2028/2029 7 Yes Yes Yes No Medium No Declined during RFP Process, focusing on a work-force hosing project 8 Yes Yes Yes Yes Medium No Unable to bid on this project 9 Yes Yes Yes Yes Medium No No capacity for mountain or resort through 2028 10 No Yes Yes Yes Small No Project scale is too large 11 Yes No No No Large No No condos, currently 12 Yes No No No Medium No Not enough hotel or condo experience 13 Yes No Yes Yes Medium No Limited mountain precon staff for 12 months, unsure on condos 14 Yes No No No Large No Declined, manpower & condo concerns 15 Yes No No No Medium No No longer builds condos after merger GC GC SIZE INTEREST ADDITIONAL COMMENTSQUALIFICATIONS / EXPERIENCE ATTACHMENT B 03 | PROJECT PROGRESS -ENHANCEMENTS PRIVATE AND CONFIDENTIAL 6 PREVIOUS CONCEPT Beck Architecture 160 Keys (Hotel Only) Upscale Select Service (No Brand Identified) Hotel Breakfast Buffet + Limited Bar CURRENT DESIGN OZ Architecture 111 Keys (Hotel / Condo) Lifestyle Luxury (Curio, By Hilton) Full-Service Restaurant (3-Meal) + Full Bar ATTACHMENT B PRIVATE AND CONFIDENTIAL 7 ATTACHMENT B Permit Process –99%Complete Interior Design –Brand Approval Ongoing Coordination with The Summit at Avon–Shared Drive *Note:Grand Peaks is currently seeking a Building Permit 03 | PROJECT PROGRESS -ONGOING PRIVATE AND CONFIDENTIAL 8 Food &Beverage Concepting –Restaurant and Bar *RFP and Proposals for F&B Conceptor Underway to ensure market match and strong community fit Ongoing Evaluation /Engineering of Heat Recovery Tie-In ATTACHMENT B PRIVATE AND CONFIDENTIAL 9 04 | NEXT STEPS –CRITICAL PATH All information provided is confidential, conceptual, for discussion and/or illustrative purposes only, and subject to change by Copford or its affiliates without notice. Financial information, expenses, and projections include estimates, assumptions, and forward-looking statements which may not prove to be correct, and which involve risks. Plans, specifications, amenities, measurements, features, brands, availability, amounts, prices, timing and other elements are also subject to change. All information is provided without representation or warranty. Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May GC SELCTION 1 mo. MARKET PRICING 2 mo. VALUE OPTIMIZATION 3-4 mo. PULL BUILDING PERMIT 1 mo. SECURE FINANCING 3 mo. GC MOBILIZATION 2 mo. CONSTRUCTION START 24 mo. HIGH-RISK CONSTRUCTION START WINDOW 2026 2027 ATTACHMENT B 22 HOME2 SUITES GLENWOOD SPRINGS PRIVATE AND CONFIDENTIAL i 0 5 REQUEST 12-Month Extension June 27,2027 ATTACHMENT B Disclaimer This document (“Confidential Submission”), prepared and delivered by Copford Capital Management, LLC and Stonebridge Development Company, LLC (collectively “Copford” and together with their affiliates, “Copford Group”), is not an offer to buy or sell, or a solicitation of an offer to buy or sell, any security or investment, or to enter into any transaction, and may not be relied upon in connection with the purchase or sale of any security or investment. Furt her, the Confidential Submission is not intended as a recommendation or as investment advice of any kind but is merely background or illustrative information. The C onfidential Submission may include certain statements, estimates and projections provided by Copford with respect to anticipated or possible future performance of the p rospective opportunity. Such statements, financial information, expenses, dates, and projections include estimates, assumptions, and forward-looking statements which may not prove to be correct, and which involve risks. Targets returns are forward-looking statements which are similarly based upon assumptions and are not a guarantee of future performance. Actual results may differ materially from those anticipated or stated. Plans, specifications, amenities, measurements, features, brands, availability, amounts, prices, timing and other elements are also subject to change. Copford Group makes no express or implied representations or warranties as to the accur acy or completeness of the information contained herein and the content and information contained herein is subject to change by Copford Group without notice. No reference or incorporation by reference to this Confidential Submission in any subsequent document shall be deemed to make this Confidential Submission the subject of any representation, warranty or obligation. Copford Group expressly disclaims any and all liability which may be based on such information, errors therein or omissions t herefrom. Any historical transactions described herein may be representative of the types of investments that Copford Group collectively or individually have made and do not represent all Copford Group transactions. Historical partner relationships should not be considered an endorsement of or ongoing relationship with Copfo rd.Transaction examples are not audited and do not indicate that such history or performance will continue in the future or that investments made will have similar o r favorable results. This Confidential Submission and accompanying materials are private, confidential, and is intended exclusively for the use of the person or organization to which it has been delivered by Copford. Neither this document nor any of the materials provided herein may be used, reproduced, distributed,or transmitted, in any form or by any means whatsoever, without the prior written permission of Copford. By accepting this Confidential Submission, the party in p ossession hereof agrees (i) to return it to Copford upon completion of review, and (ii) to treat this Confidential Submission and any accompanying materials as strictly confidential. Copford expressly reserves the right, at its sole discretion, to reject any or all offers to commit to the opportunity outlined herein and/or terminate disc ussions with any interested party at any time with or without notice. Copford expressly reserves the right to select an interested party on any basis or using any criteria, to withdraw, supplement, change, amend, bifurcate or reduce the scope of this document and/or the subject thereof, without notice. Any terms of a potential investment vehicle or venture are provided for discussion purposes only, subject to change, not binding on any party, and any such terms shall be governed exclusively by final definit ive agreements. PRIVATE AND CONFIDENTIAL 11 ATTACHMENT B 970-748-4413 matt@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Matt Pielsticker, Director of Community Development RE: First Reading of Ordinance 26-06 Construction Noise Regulations DATE: May 6, 2026 SUMMARY: The attached Ordinance (“Attachment A”) includes construction noise controls for construction activities in Town. This Ordinance was requested by Council in response to construction noise complaints received last year. Specifically, noise that results from impact hammers (“All Driven Piles”) or drivers that emit frequent, but not continuous noise levels. The Ordinance was reviewed at the May 12, 2026 meeting and continued for additional modifications. This report responds to some of the comments and questions received during the May 12, 2026 meeting, and explains what changed since the last meeting. The Ordinance (“Attachment A”) includes redline strikethrough changes to demonstrate differences in the regulatory code language since the last meeting. Changes since your last meeting include: - All Driven Piles is a defined activity type, with additional restricted hours. - Construction that involves the use of All Driven Piels must be identified during the permit review process. - Communication plans will be reviewed by Community Development and enforced as a condition of building permits. - Non-Construction hours clarified. The noise standards for construction activities are in alignment with Colorado Revised Statues (“CRS”) limitations (“Attachment B”) for Construction/Industrial noise levels. QUESTIONS/COMMENTS: At the May 12, 2026 meeting there were questions and dialogue that I have attempted to respond as follows: Why was a 80 dB limit chosen for construction noise? The 80 dB limit was derived from CRS §25-12- 103(5) – “Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project”. CRS §25-12-103(1) includes permissible sound levels for Residential (50-55 dB), Commercial (55-60 dB), Light Industrial (65-70 dB), and Industrial (75-80 dB). Can Avon be more restrictive than Colorado statutes? Yes. Is it possible to lower the dB limit for construction? Yes, lowering the decibel limit to 75 dB (or other agreed upon limit) is permissible. One reason construction noise is recognized separately from other sources (eg. Residential, commercial) is due to the unique and sometimes infrequent nature, and limited timeframe for construction projects. The Ordinance and CRS permit period 10 dB increases in noise levels above the prescribed limits. Council may desire to lower the limit below 80 dB based on these periodic exeptions. Page 2 of 2 Can the construction hours be modified and shortened? Yes. I do not recommend changing the 7:00am – 7:00pm construction hours as they are commonly regulated throughout the State of Colorado. Further limiting the time of All Driven Piels use to Monday-Saturday is proposed. Is the Whole Foods/Skjol project using the same type of drilling as Bosk Apartments? No. Baffles or wall requirements for mitigation? Language is added to the regulations requiring mitigation when All Driven Piles are being utilized. Clarify the Sundays and Holidays time requirements? Section 8.44.030(d) was updated to clarify that no audible construction noise is permissible outside regular construction hours. Clarify the process for complaints? Staff will continue to work on how complaints should be reported for a timely response. At the meeting it was suggested to contact the non-emergency dispatch number (970-479-2201). In addition to communicating this information on the Town’s website, adjacent property owners will be notified of the process as part of communication plans for projects that involve impact drilling. Complaints can be directed to www.avon.org/codeenforcement or the non-emergency dispatch number. General Contractor may need to be one responsible for notifying neighborhoods. This has been incorporated into the noise suppression plan requirements in Section 8.44.040. Communication plans will be reviewed on a case-by-case by the Director of Community Development. BACKGROUND: Staff was asked to bring noise regulations to Council after the receipt of complaints related to construction noise last year. Construction activites that involve heavy-duty impact or vibratory hammers or drivers to push structural steel beams down to bedrock or to a design load were identified as the primary concern. A comprehensive noise abatement Oridnance was presented at the June 23, 2025 Council meeting. The drafted Ordinance included not only construction-related noise, but any audible noise (e.g. snow plowing, yard maintenance) which could be declared a public nuisance. Direction was provided to limit the Ordinance to only construction-related activities. Through the course of a three meetings to discuss the Ordinance, additional changes have been incorporated as discussed herein. OPTIONS: • Approve 1st Reading of Ordinance 26-06 as presented • Approve 1st Reading of Ordinance 26-06 with modifications • Continue 1st Reading of Ordinance 26-06 • Table Ordinance RECOMMENDATION: I recommend Council approve first reading of Ordinance 26-06 and set a public hearing for second reading on July 28, 2026. RECOMMENDED MOTION: “I move to approve first reading of Ordinance 26-06, repealing Chapter 8.44 of the Avon Municipal Code Regarding Indoor Face Covering Requirements and Replacing it with Construction Noise Regulations.”” Thank you, Matt ATTACHMENT A: Ordinance 26-06 ATTACHMENT B: CRS 25-12-101 Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 1 of 8 ORDINANCE NO. 26-06 REPEALING CHAPTER 8.44 OF THE AVON MUNICIPAL CODE REGARDING INDOOR FACE COVERING REQUIREMENTS AND REPLACING IT WITH CONSTRUCTION NOISE REGULATIONS WHEREAS, pursuant to C.R.S. §§31-15-103 and 31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to C.R.S. §25-12-101, the Colorado General Assembly found that noise is a major source of environmental pollution which represents a threat to an individual’s serenity and quality of life; and WHEREAS, further, pursuant to C.R.S. §31-15-401, the Town possesses the authority to adopt laws and ordinances within its police power in furtherance of the public welfare; and WHEREAS, the Town’s Municipal Code provides for construction hours when audible noise from construction activities are permissible, but does not dictate acceptable, measurable noise levels; and WHEREAS, the Town Council finds it desirable and prudent to properly regulate construction noise in line with the Colorado Revised Statute’s limitations to protect the welfare of the public; and WHEREAS, C.R.S. § 25-12-108 establishes that the state statute regulating noise "shall not be construed to preempt or limit the authority of any municipality or county to adopt standards that are no less restrictive than the provisions of this article;" and WHEREAS, the Town no longer finds it necessary to have within the Town’s Municipal Code regulations regarding face covering requirements; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to repeal and reenact Chapter 8.44 of the Avon Municipal Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. ATTACHMENT A Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 2 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repeal and Reenactment of Chapter 8.44 to Title 8 of the Avon Municipal Code. Chapter 8.44, “Indoor Face Covering Requirements” is repealed in its entirely and reenacted in the Avon Municipal Code to read as set forth in Exhibit A: Repeal and Reenacted Chapter 8.44 To Title 8 of the Avon Municipal Code, attached hereto. Section 3. Repeal of Section 8.24.085 of the Avon Municipal Code. Section 8.24.085, “Limitation of construction activity” is hereby repealed in its entirety as set forth in Exhibit B: Repeal in its entirety Section 8.24.085 of the Avon Municipal Code, attached hereto. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative objective sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 3 of 8 such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 9, 2026, and setting such public hearing for July 28, 2026 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 July 28, 2026. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 4 of 8 EXHIBIT A REPEAL AND REENACTMENT OF CHAPTER 8.44 OF THE AVON MUNICIPAL CODE CHAPTER 8.44 – CONSTRUCTION NOISE REGULATIONS Section 8.44.010 Purpose. Section 8.44.020 Definitions. Section 8.44.030 Prohibition on Construction Noise. Section 8.44.040 Noise Suppression Plans Section 8.44.050 Sound level measurements. Section 8.44.060 Inspections. Section 8.44.070 Violation – Penalty. 8.44.010 Purpose. This Chapter is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet of the citizens of the Town through the reduction, control and prevention of construction noise. It is the intent of this Chapter to establish standards that will eliminate and reduce unnecessary and excessive construction noise which is disturbing, harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and the conduct of business. 8.44.020 Definitions. The following words and phrases, when used in this Chapter, shall have the meanings defined in this Section: “All Driven Piles” means a type of pile-driving equipment or setup used to install piles into the ground by applying repeated impact, vibration, or hydraulic force to drive them to a required depth and load-bearing capacity.” “Construction activities” means any activity performed for the purpose of excavation, construction, repair, maintenance or demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance thereto. “Construction equipment” means any equipment or mechanical apparatus operated by fuel, electric or pneumatic power in the excavation, construction, repair, maintenance or demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance thereto. “Decibel” means a logarithmic unit of measure often used in measuring magnitude of sound. The symbol is dB. Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 5 of 8 “Noise” means sound that is unwanted, and which causes or tends to cause annoyance and/or adverse physiological effects on human beings, or disturbs the peace and quiet of persons on a receptor premises. “Premises” means any building, structure, land, utility or portion thereof, including all appurtenances, and also includes yards, lots, courts, inner yards and properties without buildings or improvements owned or controlled by a person. “Property line” means that real or imaginary line and its vertical or horizontal extension which separates real property owned or controlled by any person from contiguous real property owned or controlled by another person, inclusive of the lines that separate units in a multiple-unit building. “Sound” means an oscillation in pressure, stress, particle displacement and particle velocity which induces auditory sensation. “Sound level meter” means an apparatus or instrument, including a microphone, amplifier, attenuator, output meter and frequency weighting networks, for the measurement of sound levels. The sound level meter shall be a design and have the characteristics of Type 2 or better instrument as established by the American National Standards Institute, Publication S1.4-1971, entitled Specification for Sound Level Meters, or its current successor publication. Section 8.44.030 Prohibition on Construction Noise. (a) Sound levels of noise from construction equipment and/or construction activities radiating from a property line at a distance of twenty-five feet or more therefrom in excess of 80 db(A) between 9:00 a.m. and 6:00 p.m. shall constitute prima facie evidence that such noise is a public nuisance when occurring on Sundays and national holidays. (b) Sound levels of noise from construction equipment and/or construction activities radiating from a property line at a distance of twenty-five feet or more therefrom in excess of 80 db(A) between 7:00 a.m. and 7:00 p.m. shall constitute prima facie evidence that such noise is a public nuisance when occurring on all other days, Monday through Saturday. (c) Sound from All Driven Pile activity is limited to between 9:00 a.m. and 6:00 p.m. Monday through Saturday and prohibited on Sundays. (d) During construction hours denoted in sections (a) and (b) above, noise levels may be increased by ten db(A) for a period of not to exceed fifteen minutes in any, one-hour period. Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 6 of 8 (e) No person shall operate any construction equipment, nor conduct any construction activities that produces audible noise at a distance of twenty-five feet or more therefrom between the hours of 6:00 p.m. and 9:00 a.m. on Sundays and national holidays, and 7:00 p.m. and 7:00 a.m. all other days outside the prescribed timeframes in sections (a) and (b) above; provided, however, that the Town may grant variances from the noise restrictions for construction equipment and/or construction activities if it can be demonstrated that a construction project will interfere with traffic if completed during daytime hours, or that other extenuating circumstances exist requiring relief from this prohibition; and further excepting the operation of municipal street sweeping equipment. Section 8.44.040 Noise suppression plans. Construction activities using All Driven Piles must demonstrate the location, type of equipment, and anticipated duration of use at the time of building permit submittal. The Building Official must approve a noise suppression plan prior to the issuance of a permit. All reasonable measures will be taken to baffle or reduce noise impacts upon neighboring properties. General Contractors are responsible for communication to all properties within three hundred (300) feet of the construction site at least fourteen (14) days prior to the use of All Driven Piles. The Director of Community Development must review and approve communication plans at least thirty (30) days prior to the construction activity using All Driven Piles occurring. Such communication plan may include, but not be limited to, in person or mail delivery of the notice of All Driven Piles usage with approximate day and time of such usage. General Contractors shall make efforts to communicate the All Driven Piles usage to property managers and/or property owners. Section 8.44.050 Sound level measurements. Sound level measurements made pursuant to this Article shall be made with a sound level meter of standard design using the weighting network/scale. Section 8.44.060 Inspections. (a) For the purpose of determining compliance with the provisions of this Article, the Chief of Police or other designated Town representative shall be authorized to make inspection of all noise sources and to take measurements and tests whenever necessary to determine the volume and character of noise. If any person refuses or restricts entry and free access to any part of a premise, or refuses to allow the inspection, testing or noise measurement of any activity, device, facility or motor vehicle where inspection is sought, the Town official seeking such access and/or testing may petition the Municipal Court for a warrant for inspection requiring that such person permit entry and free access to the subject premises Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 7 of 8 without interference, restriction or obstruction at a reasonable time for the purpose of inspecting, testing or measuring noise. The Municipal Court shall have power, jurisdiction, and authority to enforce all orders issued under the provisions of this Article. (b) It is unlawful for any person to refuse to allow or permit Town officials charged with enforcing this Chapter free access to any premises when such official is acting in compliance with a warrant or court order issued by the Municipal Court. (c) It is unlawful for any person to violate the provisions of any warrant or court order requiring inspection, testing or measurement of noise or noise sources. (d) No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to interfere with any Town official performing his or her duties under this Chapter. Section 8.44.060 – Violation - Penalty. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Ord 26-06 - Repealing and Reenacting Chapter 8.44 – Construction Noise Regulations Page 8 of 8 EXHIBIT B REPEAL IN ITS ENTIRETY SECTION 8.24.085 AVON MUNICIPAL CODE Sec. 8.24.085 – Limitation of construction activity. Repealed Construction and excavation activity which produces audible noise at the property lines of the lot or parcel on which such activity is taking place shall be limited to between the hours of 9:00 a.m. and 6:00 p.m. on Sundays and national holidays, and between the hours of 7:00 a.m. and 7:00 p.m. on all other days. Any construction or excavation activity that produces audible noise at the property lines of the parcel containing such activity at times other than the hours defined in this Section shall be deemed a public nuisance. The Town Manager, or his or her designee, may grant an exception to the above work hours for specific construction activities when it can be demonstrated that it is in the interest of the general public for those construction activities to occur outside the above specified work hours. The grant of an exception may be conditioned upon compliance with rules and conditions as specified by the Town Manager, or his or her designee, to minimize impacts of the construction activities. 25-12-101. Legislative declaration. The general assembly finds and declares that noise is a major source of environmental pollution which represents a threat to the serenity and quality of life in the state of Colorado. Excess noise often has an adverse physiological and psychological effect on human beings, thus contributing to an economic loss to the community. Accordingly, it is the policy of the general assembly to establish statewide standards for noise level limits for various time periods and areas. Noise in excess of the limits provided in this article constitutes a public nuisance. 25-12-102. Definitions. As used in this article, unless the context otherwise requires: (1)“Commercial zone” means: (a)An area where offices, clinics, and the facilities needed to serve them are located; (b)An area with local shopping and service establishments located within walking distances of the residents served; (c)A tourist-oriented area where hotels, motels, and gasoline stations are located; (d)A large integrated regional shopping center; (e)A business strip along a main street containing offices, retail businesses, and commercial enterprises; (f)A central business district; or (g)A commercially dominated area with multiple-unit dwellings. (2)“db(A)” means sound levels in decibels measured on the “A” scale of a standard sound level meter having characteristics defined by the American national standards institute, publication S1. 4 - 1971. (3)“Decibel” is a unit used to express the magnitude of a change in sound level. The difference in decibels between two sound pressure levels is twenty times the common logarithm of their ratio. In sound pressure measurements sound levels are defined as twenty times the common logarithm of the ratio of that sound pressure level to a reference level of 2 x 10-5 N/m2 (Newton’s/meter squared). As an example of the effect of the formula, a three-decibel change is a one hundred percent increase or decrease in the sound level, and a ten-decibel change is a one thousand percent increase or decrease in the sound level. (4) (a)“Industrial zone” means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity but shall not include agricultural, horticultural, or floricultural operations. (b)Nothing in paragraph (a) of this subsection (4), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation. (5)“Light industrial and commercial zone” means: (a)An area containing clean and quiet research laboratories; (b)An area containing light industrial activities which are clean and quiet; (c)An area containing warehousing; or (d)An area in which other activities are conducted where the general environment is free from concentrated industrial activity. (5.2) “Motorcycle” means a self-propelled vehicle with not more than three wheels in contact with the ground that is designed primarily for use on the public highways. (5.4) “Motor vehicle” means a self-propelled vehicle with at least four wheels in contact with the ground that is designed primarily for use on the public highways. (5.6) “Off-highway vehicle” means a self-propelled vehicle with wheels or tracks in contact with the ground that is designed primarily for use off the public highways. “Off-highway vehicle” shall not include the following: (a)Military vehicles; (b)Golf carts; (c)Snowmobiles; (d)Vehicles designed and used to carry persons with disabilities; and (e)Vehicles designed and used specifically for agricultural, logging, firefighting, or mining purposes. ATTACHMENT B (6) “Residential zone” means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple-unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. “Residential zone” includes hospitals, nursing homes, and similar institutional facilities. (7) “SAE J1287” means the J1287 stationary sound test or any successor test published by SAE international or any successor organization. (8) “SAE J2567” means the J2567 stationary sound test or any successor test published by SAE international or any successor organization. (9) “Snowmobile” means a self-propelled vehicle primarily designed or altered for travel on snow or ice when supported in part by skis, belts, or cleats and designed primarily for use off the public highways. “Snowmobile” shall not include machinery used strictly for the grooming of snowmobile trails or ski slopes. 25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: 7:00 a.m. to 7:00 p.m. to Zone next 7:00 p.m. next 7:00 a.m. Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project. (6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone. (7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. ATTACHMENT B (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (12) (a) Notwithstanding subsection (1) of this section, the public utilities commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the “Public Utilities Law”, articles 1 to 7 of title 40, C.R.S. (b) Because of the statewide need for reliable electric service and the public benefit provided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12). (c) For the purposes of this section: (I) “Electric transmission facility” means a power line or other facility that transmits electrical current and operates at a voltage level greater than or equal to 44 kilovolts. (II) “Rights-of-way for electric transmission facilities” means all property rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility. 25-12-104. Action to abate. Whenever there is reason to believe that a nuisance exists, as defined in section 25-12-103, any county or resident of the state may maintain an action in equity in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance. Notwithstanding any other provision of this section, a county shall not maintain an action pursuant to this section if the alleged nuisance involves a mining operation or the development, extraction, or transportation of construction materials, as those terms are defined in section 34-32.5- 103, C.R.S., a commercial activity, the commercial use of property, avalanche control activities, a farming or ranching activity, an activity of a utility, or a mining or oil and gas operation. When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is reasonably necessary for the defendant to come into compliance with the provisions of this article. ATTACHMENT B 25-12-105. Violation of injunction - penalty. Any violation or disobedience of any injunction or order expressly provided for by section 25-12-104 shall be punished as a contempt of court by a fine of not less than one hundred dollars nor more than two thousand dollars. Each day in which an individual is in violation of the injunction established by the court shall constitute a separate offense. The court shall give consideration in any such case to the practical difficulties involved with respect to effecting compliance with the requirements of any order issued by the court. 25-12-106. Noise restrictions - sale of new vehicles. (1) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limits, at a distance of fifty feet from the center of the lane of travel, under test procedures established by the department of revenue: (a) Any motorcycle manufactured on or after July 1, 1971, and before January 1, 1973 88 db(A); (b) Any motorcycle manufactured on or after January 1, 1973 86 db(A); (c) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after July 1, 1971, and before January 1, 1973 88 db(A); (d) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after January 1, 1973 86 db(A); (e) Any other motor vehicle manufactured on or after January 1, 1968, and before January 1, 1973 86 db(A); (f) Any other motor vehicle manufactured after January 1, 197 84 db(A). (g) (Deleted by amendment, L. 2008, p. 2102, § 2, effective July 1, 2010.) (2) Test procedures for compliance with this section shall be established by the department, taking into consideration the test procedures of the society of automotive engineers. (3) Any person selling or offering for sale a motor vehicle or other vehicle in violation of this section commits a civil infraction. 25-12-107. Powers of local authorities. (1) Counties or municipalities may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions that produce noise in excess of the sound levels in decibels, measured on the “A” scale on a standard sound level meter having characteristics established by the American national standards institute, publication S1.4 - 1971, and measured at a distance of fifty feet from the center of the lane of travel and within the speed limits specified in this section: (a) Any motor vehicle with a manufacturer’s gross vehicle weight rating of six thousand pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle other than a low-power scooter: Speed limit of 35 mph or less Speed limit of more than 35 mph but less than 55 mph (I) Before January 1, 1973 88 db(A) 90 db(A) (II) On and after January 1, 1973 86 db(A) 90 db(A) ATTACHMENT B (b) (Deleted by amendment, L. 2008, p. 2102, § 3, effective July 1, 2010.) (2) The governing board shall adopt resolutions establishing any test procedures deemed necessary. (3) This section applies to the total noise from a vehicle or combination of vehicles. (4) For the purpose of this section, a truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the manufacturer’s name and manufacturer’s gross vehicle weight rating shall be considered as having a manufacturer’s gross vehicle weight rating of six thousand pounds or more if the unladen weight is more than five thousand pounds. 25-12-108. Preemption. Except as provided in sections 25-12-103 (12) and 25-12-110, this article shall not be construed to preempt or limit the authority of any municipality or county to adopt standards that are no less restrictive than the provisions of this article. 25-12-109. Exception - sport shooting ranges - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that the imposition of inconsistent, outdated, and unnecessary noise restrictions on qualifying sport shooting ranges that meet specific, designated qualifications work to the detriment of the public health, welfare, and morale as well as to the detriment of the economic well-being of the state. The general assembly further finds, determines, and declares that a need exists for statewide uniformity with respect to exempting qualifying shooting ranges from the enforcement of laws, ordinances, rules, and orders regulating noise. As the gain associated with having a uniform statewide exemption for qualifying sport shooting ranges outweighs any gains associated with enforcing noise regulations against such ranges, the general assembly further declares that the provisions of this section, as enacted, are a matter of statewide concern and preempt any provisions of any law, ordinance, rule, or order to the contrary. (2) As used in this section, unless the context otherwise requires: (a) “Local government” means any county, city, city and county, town, or any governmental entity, board, council, or committee operating under the authority of any county, city, city and county, or town. (b) “Local government official” means any elected, appointed, or employed individual or group of individuals acting on behalf of or exercising the authority of any local government. (c) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity. (d) “Qualifying sport shooting range” or “qualifying range” means any public or private establishment, whether operating for profit or not for profit, that operates an area for the discharge or other use of firearms or other equipment for silhouette, skeet, trap, black powder, target, self-defense, recreational or competitive shooting, or professional training. (3) Notwithstanding any other law or municipal or county ordinance, rule, or order regulating noise to the contrary: (a) A local governmental official may not commence a civil action nor seek a criminal penalty against a qualifying sport shooting range or its owners or operators on the grounds of noise emanating from such range that results from the normal operation or use of the qualifying shooting range except upon a written complaint from a resident of the jurisdiction in which the range is located. The complaint shall state the name and address of the complainant, how long the complainant has resided at the address indicated, the times and dates on which the alleged excessive noise occurred, and such other information as the local government may require. The local government shall not proceed to seek a criminal penalty or pursue a civil action against a qualifying sport shooting range on the basis of such a noise complaint if the complainant established residence within the jurisdiction after January 1, 1985. (b) No person may bring any suit in law or equity or any other claim for relief against a qualifying sport shooting range located in the vicinity of the person’s property or against the owners or operators of such range on the grounds of noise emanating from the range if: (I) The qualifying range was established before the person acquired the property; ATTACHMENT B (II) The qualifying range complies with all laws, ordinances, rules, or orders regulating noise that applied to the range and its operation at the time of its construction or initial operation; (III) No law, ordinance, rule, or order regulating noise applied to the qualifying range at the time of its construction or initial operation. 25-12-110. Off-highway vehicles. (1) An off-highway vehicle operated within the state shall not emit more than the following level of sound when measured using SAE J1287: (a) If manufactured before January 1, 1998 99 db(A); (b) If manufactured on or after January 1, 1998 96 db(A). (2) A snowmobile shall not emit more than the following level of sound when measured using SAE J2567: (a) If manufactured on or after July 1, 1972, and before July 2, 1975 90 db(A); (b) If manufactured on or after July 2, 1975 88 db(A). (3) (a) A person shall not sell or offer to sell a new off-highway vehicle that emits a level of sound in excess of that prohibited by subsection (1) of this section unless the off-highway vehicle complies with federal noise emission standards. A person shall not sell or offer to sell a new snowmobile that emits a level of sound in excess of that prohibited by subsection (2) of this section unless the snowmobile complies with federal noise emission standards. (b) For the purposes of this section, a “new” snowmobile or off-highway vehicle means a snowmobile or off-highway vehicle that has not been transferred on a manufacturer’s statement of origin and for which an ownership registration card has not been submitted by the original owner to the manufacturer. (4) This section shall not apply to the following: (a) A vehicle designed or modified for and used in closed-circuit, off-highway vehicle competition facilities; (b) An off-highway vehicle used in an emergency to search for or rescue a person; and (c) An off-highway vehicle while in use for agricultural purposes. (5) A person who violates this section commits a civil infraction. (6) No municipality or county may adopt an ordinance or resolution setting noise standards for off- highway vehicles or snowmobiles that are more restrictive than this section. (7) (a) Nothing in this section shall be construed to modify the authority granted in section 25-12-103. (b) Nothing in this section shall be construed to authorize the test to produce a less restrictive standard than the J1287 stationary sound test or the J2567 stationary sound test published by SAE international or any successor organization. (8) The following shall be an affirmative defense to a violation under this section if the off-highway vehicle or snowmobile: (a) Was manufactured before January 1, 2005; (b) Complied with federal and state law when purchased; (c) Has not been modified from the manufacturer’s original equipment specifications or to exceed the sound limits imposed by subsection (1) or (2) of this section; and (d) Does not have a malfunctioning exhaust system. ATTACHMENT B 970.748.4413 matt@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Matt Pielsticker, Community Development Director RE: Avondale Apartments Design Contract Notice of Award DATE: 6/4/2026 SUMMARY: A design contract (“Attachment A”) for the Avondale Apartments project is presented to Council for action to approve the “Notice of Award.” Council was presented with a contract in late 2023 before the project was put on hold in order to obtain necessary zoning approvals. This report provides a full background of the project as well as an explanation of the contract elements and estimated schedule. If the contract is approved and the design process immediately commences, then a Spring 2027 construction season is feasible. CONTRACT: The contract is based off the American Institute of Architects (“AIA”) form agreement, with amendments. The contract has been reviewed by the Town Attorney. Scope of Work includes all phases of professional design development and construction administration services. The contract also includes Site Architects’ responsibility to oversee all subcontractors through the construction period. Key terms in the agreement include: • Town agrees to appropriate full amount of services ($1,367,113). • Site Architects will indemnify and defend the Town against all liability and claims. • Disputes should be settled in thirty (30) days in good-faith negotiations, or mediation within sixty (60) days, or Eagle County court. • All subconsultants are the responsibility of the Architect. • The Council must approve Schematic Design Documents before design team proceeds to Design Development, and ultimately Construction drawings. • Suspension of services requires at least seven (7) day notice. • Additional services require pre-approval by the Town, with 10% markup. • Termination with seven (7) day notice. SCHEDULE: If the contract is executed and the design process commences, Preliminary Design approval by the Village Design Review Board (“DRB”) will be sought immediately. The total construction duration is anticipated to be thirteen (13) months. A condensed schedule is included in Site Architect’s narrative summary (“Attachment A”). Preliminary Design is anticipated in third quarter, and Final Design in fourth quarter. A construction start in Spring 2027 is possible if the design process moves forward as planned. BACKGROUND: A Community Housing project was originally envisioned for Town property located at 500 Swift Gulch Road above the regional transit and fleet facilities. A competitive Request For Proposal (“RFP”) process in late 2021 resulted in a contract with 2757 Design (now Site Architects). After preliminary design work was completed, the concept to switch sites with Lot 5 Village (at Avon) – located at 375 Yoder Avenue was presented to Council. The change in sites was agreed upon, and the Public Works garage was pursued instead for the Swift Gulch site. Page 2 of 4 Council provided direction in early 2023 to proceed with due diligence for a Community Housing project on Lot 5, Village (at Avon) – located at 375 Yoder Avenue. Previous action by the Council included support for a 56-unit project spanning 3 buildings, with a mix of 1-bedroom and 2-bedroom units. In August 2023, modular was selected as the preferred construction type based on cost and schedule savings. An RFP process to bring an owners representative to assist with the project resulted in a contract with Dynamic Program Management (DPM”). DPM provided assistance for a request for qualifications process and proposals for a Construction Manager/General Contractor (“CMGC”), which occurred in late Summer 2023. Our review committee selected a short list for interviews and then selected FCI Constructors for CMGC services. The project was then presented to the Village (at Avon) DRB for initial feedback. The design was modified further and reduced from 3 buildings to 2 buildings, and forty (40) units in order to respond to parking, snow storage and drainage constraints. The project was then on pause until the necessary zoning amendments were approved. The zoning amendment to permit Community Housing as a use by right was approved by Ordinance 26-02 on April 14, 2026. VILLAGE DESIGN REVIEW BOARD: The Village DRB must review and approve the design of the project at different stages of design development. Additionally, the PZC will review a referral and provide comments on the design in accordance with the Planned Unit Development (“PUD”). The previous design plans were presented to the Village DRB December 2024 for Preliminary review. The Village DRB requested additional information on the exterior building materials, and also expressed a desire to see alternative roof forms. There were limited comments on the overall massing and site design elements. The updated project schedule anticipates an affirmative Preliminary review in the near term, and a Final submittal in late summer. I will return to Council with updates on the design review process as necessary. Page 3 of 4 BUDGET: The Community Housing fund includes $1,405,215 in carryover funds for design services and due diligence. CONSTRUCTION FUNDING: The Town Manager is working with Chief Financial Officer Paul Redmond to analyze municipal bond financing and develop a financial model that seeks to establish a rental project whereby the rental income can cover the debt service, property management, and utility expenses. Staff will be pursuing a grant from Holy Cross Electric’s Community Energy Systems program for electric supply to the site. RECOMMENDATION: If Council accepts the current approach and potential construction start date of Spring 2027 I recommend approving the design contract with Site Architects. I also recommend designating up to two Councilors to be included in the design process. The final form of the agreement must be approved by the Town Manager and Town Attorney prior to execution. OPTIONS: Council has the following options: • Approve the contract as presented; • Approve the contract with modifications; or • Direct staff to revise and return to a future meeting date. NEXT STEPS: Upon execution of the contract, the project team will immediately resume pursuing Preliminary DRB approval. Project schedules will be refined based upon modular availability and final project design. The construction financing options will be brought to Council after we receive the guaranteed maximum price proposal. The Town Manager will bring an overview of financing options to the Page 4 of 4 Avon Finance Committee in late summer or early fall. The Town Manager has separately executed a contract with DPM. TOWN MANAGER COMMENTS: The AIA Agreement with Site Architects picks up where the project was put on hold. Significant work was completed with the basic building and unit configuration as well as assembling this team through an inclusive request for qualification, request for proposal and interview process. The principal Avon staff persons who would work with Site Architects, Dynamic Program Management and the CMGC would be Matt Pielsticker, Eva Wilson and myself. We are scheduling weekly meetings as is customary for this scale of construction project. There will be one more evaluation of modular construction versus stick frame or panelized construction methods and the results of that evaluation will be reported to Council. Concurrently with the next steps in the design and documentation process I will work with Chief Financial Officer Paul Redmond to develop a pro forma for revenues and expenses for this apartment project. The pro forma will be developed in consultation with Polar Star, who currently provides property management services for Eagle Bend, Kayak Crossing and Buffalo Ridge I apartment projects. This work will be presented to Council with the construction contracts and proposed financing. RECOMMENDED MOTION: “I move to approve the AIA Agreement with Site Architects for Avondale Apartments, subject to the final form being approved by Town Attorney.” Thank you, Matt ATTACHMENT A: Site Architects Firm Portfolio & Design Status/Construction Method Evaluation ATTACHMENT B: Dynamic Program Management Firm Overview ATTACHMENT C: FCI Constructors Firm Overview ATTACHMENT D: Site Architects Design Status, Scope of Work and Fee Proposal, and Draft Schedule fi rm portfolio ATTACHMENT A R esponse Domestic Abuse Center summary + approach : Response, a critical non-profit, supporting domestic abuse and sexual assault victims brought on Site Architects prior to purchasing the property to study feasibility and potential cost in a mid-valley location with limited lots for sale. The site plan was developed based on levels of privacy and transparency to ensure that the building supports the non-profits vision to allow its shelter users to begin to rebuild their lives following trama. The location was ideal, however the flood plane and strict height limit took a collaborative and creative team to finalize design and engineering. reference contacts : Shannon Meyer , Executive Director shannon@responsehelps.org c: 970-366-0104 project information : location : Basalt, CO completion : 02/2025 typology : non-profit - multi familyresidential + commercial program : shelter + office budget : $8M contractor : GF Woods Construction challenges : accessibility while elevated above flood plane w/ low height limit, grant supported design requirements photography by Draper White https://draperwhite.com/home.html ATTACHMENT A c onceptual principle ATTACHMENT A ATTACHMENT A p hotography by Draper White https://draperwhite.com/home.html ATTACHMENT A F irstBank Willits project information : location : Basalt, CO completion : 2023 typology : commercial program : 3,000sf new construction bank budget : $3.5M contractor : FCI Constructors, Inc. challenges : fill site, low height limit summary + approach Site Architects (formally partnered with 2757 design co) was selected through an invited RFP process to design a new branch for FirstBank in the up and coming Willits urban area of Basalt. The design team suggested creative ways to approach massing for the building that drew from FirstBanks branding and logo to draw attention through color and form, rather than large signage that was re-stricted by design guidelines along with height. The entire team, including First-Bank, owners representative, contractor, design team and all engineers worked hard to keep this project on budget through the Pandemic and it was truly a success on all fronts. reference contact : Phil Vaughn, construction manager phil@pvcmi.com ph: 970-625-5350 p hotography by Draper White https://draperwhite.com/home.html ATTACHMENT A c onceptual principle ATTACHMENT A ATTACHMENT A p hotography by Draper White https://draperwhite.com/home.html ATTACHMENT A E agle County School District Housing reference contact : Sandra Farrell, ECSD COO sandra.farrell@eagleschools.net office: 970-328-2747 summary + approach In the spring of 2021, Site Architects and their consultant team were selected from 15 respondents to an RFP to engage w/ the Eagle County School District for site planning and design to determine appropriate site access/ design, building scale, density and character for employee housing to capitalize on an available piece of district owned property to the east of Battle Mountain High School. The A/E team, alongside the district leadership, the owners representation and the contractor worked as a tight knit team to combat unprecedented cost escalation and product availability during the pandemic. Erica Golden led the design from the initial charrette and Oscar Carlson executed the project through construction administration. The project is all electric, and plans to expand their PV system to achieve Net Zero with future grant funding. The project was completed in April 2024. project information : location : Edwards, CO completion : 04/2024 typology : multifamily residential program : 37 workforce housing units budget : $18M contractor : RA Nelson challenges : triangular site, ditch, slopes photography by Stoval Studio Photography at www.stovallstudio.com ATTACHMENT A VLWHVNHWFKY ‘T’ option, rotated T-option miller ranch rd re t e n t i o n I-7 0 stormwater basin surface level parking units ditch below the road st e e p s l o p e parking under units potential units potential road extension nde nitkin VLWHVNHWFKY site adjacencies diagram site conditions angled option ‘T’ option cross option c onceptual principle ATTACHMENT A UNIT MIX DIAGRAM UNIT DIAGRAM 2BDRM UNIT 1BDRM UNITS 1+3 BDRM UNIT ATTACHMENT A p hotography by Stoval Studio Photography at www.stovallstudio.com ATTACHMENT A B asalt Vista Housing Partnership project information : location : Basalt, CO completion : 11/2021 typology : multifamily residentail program : 27 workforce housing units budget : $3.5M + Donations contractor : Habitat Roaring Fork challenges : debris flor, ditch reference contacts : Gail Schwartz, President gails@habitatroaringfork.org c: 970-309-1411 Dana Dalla Betta, Project Manager ddallabetta@aspensnowmass.com c: 970-456-6601 summary + approach Site Architects (formerly partnered with 2757 design co) led master planning, architecture and interior design for Habitat Roaring Fork’s Net Zero 27 unit teacher and workforce housing project, that was completed in 2021. Four unit types are assembled into four building types to compose a diverse streetscape. The units are set back slightly into the hillside with front porches and front yards activating the streetscape instead of the more typical approach to locate the outdoor spaces in a fenced back yard. The mix of all electric duplex and triplex units were designed simply to utilize prefabricated wall panels while maximizing solar potential with vernacular shed roof forms, ‘split and shifted’ to allow additional light & views from interior and/or north facing units. Material changes accent these traditional forms, mimicing a single-family home but one that is raised to take advantage of an upside down living approach to enhance views over the existing school building, like a periscope. photography by Sara Kuhn kuhn.sar@gmail.com & Habitat Roaring Fork ATTACHMENT A VWDUWƓQLVK VWDUWƓQLVK c onceptual principle ATTACHMENT A p hotography by Sara Kuhn kuhn.sar@gmail.com & Habitat Roaring Fork ATTACHMENT A p hotography by Sara Kuhn kuhn.sar@gmail.com & Habitat Roaring Fork ATTACHMENT A Dynamic Program Management, founded in 2019 by a team of seasoned industry experts, serves as a trusted Owner’s Representative, providing on-the-ground leadership and oversight throughout every phase of a project. Our hands-on approach ensures daily execution stays on schedule and within budget while keeping strategic objectives at the forefront of every decision. 5 Principals of Service 1.Creative Problem Solving 2.Team Building 3.Integrity 4.Love of Learning 5.Tenaciousness Proven Platform Our client-centric service model is at the heart of our guiding mantra when navigating difficult decisions: “Is it fair? Is it right? Is it reasonable?” Using proven financial, schedule, and project management tools, clients receive customizable financial reporting and accurate milestone dates. By streamlining communications, we eliminate the owner’s need to look for project information, allowing owners to make well-informed decisions throughout the project. Our Story After over a decade in Eagle County working for both residential and commercial general contractors (2000-2012), in 2012, DPM founder Colleen Kaneda, moved into an Owner’s Representative role by working for a smaller Denver-based firm charged with growing the mountain/Western Slope presence; in 2013 the company was acquired by a large publicly traded corporation. In 2019, supported by a close network of colleagues and now staff, Colleen established Dynamic Program Management. Many of the clients that the current team served prior to DPM went on to select the DPM team to serve as their Owner’s Representative on subsequent programs of renovation and new construction work. Senior leadership includes a lifelong commercial general contractor, a leader with a Ph.D. in Engineering, and another with a M.S. in Engineering. Growth in Last 6 Years & Planning for the Future -Since 2019, DPM has managed over $1 Billion of Publicly Funded Projects -Project Expertise: Municipal, PK-12 Education, Recreation, Workforce Housing -Staff expansion from a single-person company to 9 FTEs. -DPM is committed to remaining an Eagle-based company dedicated to helping clients improve the quality of life in their communities. ATTACHMENT B WHEN IT MATTERS MOST ATTACHMENT C Company Profile Founded in 1978, FCI has grown from Grand Junction, Colorado into an eight-office operation spanning the Mountain West. Ranked among ENR’s Top 400 Contractors since 1998, we’ve built our reputation on customer service, safety, technology, and sustainable construction. We are a full-service CM/GC working across negotiated and hard bid markets in both public and private sectors. FCI is backed by 450+ employee-owners who have a personal stake in every project’s success. Our regional offices aren’t satellite hubs, they’re local teams. That means responsive, senior- level talent on your project, not traveling crews. Our estimators, project managers, superintendents, and engineers bring deep experience across conceptual and hard bid delivery. Financially, we’re built to perform: $250M single-project bonding capacity and $850M aggregate give our clients the confidence to tackle projects of any scale. Our presence on the Western Slope for nearly five decades has allowed us to establish strong relationships with local subcontractors and suppliers, which help reduce project costs and ensure high-quality, timely project completion. Additionally, FCI is an employee- owned company committed to the success of each project. We pride ourselves on our collaborative approach, working closely with clients, architects, and community stakeholders to create housing solutions that are not only affordable but also sustainable and community-focused. ATTACHMENT C FCI Constructors brings extensive, proven experience delivering successful projects in Eagle County, with more than forty projects for $149,156,837 in completed construction. This depth of experience reflects long-standing relationships with Eagle County agencies and stakeholders while consistently delivering high-quality projects across multiple sectors. Eagle County Justice Center Addition & Expansion (2010) Delivered a major expansion to the existing justice facility, requiring phased construction within an active, secure environment. Two10 at Eagle Ranch – Employee Housing Constructed a $7.8M workforce housing development consisting of 22 residential units on a constrained site. Avon Regional Transportation Facility Delivered a public works facility supporting regional transit operations. Lionshead Transit Center Constructed transit infrastructure within a high-traffic resort environment. Avon Town Hall Completed a civic facility focused on durability and community integration. Eagle County School District Projects Completed multiple projects within active educational environments. Eagle County Airport Projects Delivered aviation-related construction in secure, operational environments. Experience in Eagle County & Rural / Mountain Construction Experience Mountain & Winter Construction Expertise FCI brings 48 years experience managing construction in rural and mountain communities, where access, staging, and workforce logistics require proactive planning and coordination. Our teams are highly experienced in delivering projects through mountain winters, maintaining schedule and productivity through: • Strategic seasonal phasing • Weather-protected work zones • Proactive material procurement • Flexible subcontractor coordination This approach ensures consistent progress despite challenging weather conditions. FCI has managed multiple construction throughout the winter months in Eagle, Vail, Glenwood Springs, Breckenridge, Leadville, Telluride, Aspen, Snowmass Village, Crested Butte, Gunnison, Durango, and Steamboat Springs. Avon Town Hall Remodel, completed 2018 Two10 at Eagle Ranch Housing, completed 2020 Avon Regional Transportation Facility, completed 2013 ATTACHMENT C ATTACHMENT D ATTACHMENT D ATTACHMENT D Architecture / Interiors - Site Architects staff 01 (principal)staff 02 (proj arch)staff 03 (job captain)staff 04 (designer) Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total Schematic Design Progress to DRB Submission 48 245.00$ 144 225.00$ 144 175.00$ 48 165.00$ 77,280.00$ DRB Prelim Approvals, Planning & Zoning & Refinements **8 245.00$ 16 225.00$ 16 175.00$ 16 165.00$ 11,000.00$ 100SD w/ DRB Comments & Consultant Drawings 8 245.00$ 24 225.00$ 16 175.00$ 32 165.00$ 15,440.00$ 100DD + State Modular Permit Set ***72 245.00$ 288 225.00$ 288 175.00$ 0 165.00$ 132,840.00$ DRB Final Approvals & Refinements 8 245.00$ 24 225.00$ 16 175.00$ 32 165.00$ 15,440.00$ 90CD / GMP / DRB Tech Review Set / Permit Set 64 245.00$ 256 225.00$ 256 175.00$ 0 165.00$ 118,080.00$ 100CD incorporating Permit/DRB Comments & GMP Qualifications ****32 245.00$ 128 225.00$ 128 175.00$ 0 165.00$ 59,040.00$ CA Construction Administration *****54 245.00$ 648 225.00$ 54 175.00$ 0 165.00$ 168,480.00$ As-designed Documentation (AD) + 11 mo. Warranty Mtg ******8 245.00$ 32 225.00$ 32 175.00$ 0 165.00$ 14,760.00$ Contingency / Reimbursables 61,236.00$ TOTAL 302 1560 950 128 673,596.00$ Landscape Architecture - Rawley Design Planning LLC PSR BAJ DRB staff 05 Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total Schematic Design Progress to DRB Submission 4 270.00$ 10 175.00$ 16 155.00$ 0 -$ 5,310.00$ DRB Prelim Approvals, Planning & Zoning & Refinements **8 270.00$ 8 175.00$ 10 155.00$ 0 -$ 5,110.00$ 100SD w/ DRB Comments & Consultant Drawings 4 270.00$ 16 175.00$ 24 155.00$ 0 -$ 7,600.00$ 100DD + State Modular Permit Set ***4 270.00$ 24 175.00$ 40 155.00$ 0 -$ 11,480.00$ DRB Final Approvals & Refinements 8 270.00$ 8 175.00$ 8 155.00$ 0 -$ 4,800.00$ 90CD / GMP / DRB Tech Review Set / Permit Set 4 270.00$ 24 175.00$ 40 155.00$ 0 -$ 11,480.00$ 100CD incorporating Permit/DRB Comments & GMP Qualifications ****2 270.00$ 8 175.00$ 12 155.00$ 0 -$ 3,800.00$ CA Construction Administration *****8 270.00$ 16 175.00$ 16 155.00$ 0 -$ 7,440.00$ As-designed Documentation (AD) + 11 mo. Warranty Mtg ******8 270.00$ 8 175.00$ 12 155.00$ 0 -$ 5,420.00$ Contingency / Reimbursables 3,122.00$ TOTAL 50 122 178 0 65,562.00$ Civil Engineering - JVA Principal Project Manager Project Enigneer Design Engineer Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total Schematic Design Progress to DRB Submission 2 248.00$ 12 212.00$ 32 169.00$ 48 148.00$ 15,552.00$ DRB Prelim Approvals, Planning & Zoning & Refinements **0 248.00$ 4 212.00$ 10 169.00$ 16 148.00$ 4,906.00$ 100SD w/ DRB Comments & Consultant Drawings 0 248.00$ 4 212.00$ 10 169.00$ 16 148.00$ 4,906.00$ 100DD + State Modular Permit Set ***4 248.00$ 30 212.00$ 60 169.00$ 100 148.00$ 32,292.00$ DRB Final Approvals & Refinements 0 248.00$ 6 212.00$ 16 169.00$ 20 148.00$ 6,936.00$ 90CD / GMP / DRB Tech Review Set / Permit Set 4 248.00$ 36 212.00$ 72 169.00$ 144 148.00$ 42,104.00$ 100CD incorporating Permit/DRB Comments & GMP Qualifications ****1 248.00$ 4 212.00$ 16 169.00$ 32 148.00$ 8,536.00$ CA Construction Administration *****4 248.00$ 30 212.00$ 45 169.00$ 45 148.00$ 21,617.00$ As-designed Documentation (AD) + 11 mo. Warranty Mtg ******1 248.00$ 8 212.00$ 16 169.00$ 16 148.00$ 7,016.00$ Contingency / Reimbursables 7,193.25$ TOTAL 16 134 277 437 151,058.25$ Av o n d a l e A p a r t m e n t s Av o n d a l e A p a r t m e n t s Av o n d a l e A p a r t m e n t s Project :Avondale Housing Restart:Tue, 6/9/2026 date:6/02/2026(modular construction method) ATTACHMENT D JVA Structural Principal PM DE Modeler Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total Schematic Design Progress to DRB Submission 20 228.00$ 80 180.00$ 16 108.00$ 42 136.00$ 26,400.00$ DRB Prelim Approvals, Planning & Zoning & Refinements **0 -$ 0 -$ 0 -$ 0 -$ -$ 100SD w/ DRB Comments & Consultant Drawings 0 -$ 10 180.00$ 8 -$ 8 136.00$ 2,888.00$ 100DD + State Modular Permit Set ***60 228.00$ 94 180.00$ 48 108.00$ 96 136.00$ 48,840.00$ DRB Final Approvals & Refinements 0 -$ 0 -$ 0 -$ 0 -$ -$ 90CD / GMP / DRB Tech Review Set / Permit Set 28 228.00$ 96 180.00$ 144 108.00$ 142 136.00$ 58,528.00$ 100CD incorporating Permit/DRB Comments & GMP Qualifications ****0 -$ 0 -$ 0 -$ 0 -$ -$ CA Construction Administration *****18 232.00$ 120 184.00$ 114 112.00$ 0 140.00$ 39,024.00$ As-designed Documentation (AD) + 11 mo. Warranty Mtg ******0 -$ 10 184.00$ 20 112.00$ 40 140.00$ 9,680.00$ Contingency / Reimbursables 9,750.00$ TOTAL 126 410 350 328 195,110.00$ Mechanical, Electrical, Plumbing Design + Performance Specifications for Fire Alarm/Fire Protection, Technology, Security + Lighting - Resource Engineering Group (REG) staff 01 staff 02 staff 04 staff 05 Location Scope of Services*hours rate hours rate hours rate hours rate Phase Total Schematic Design Progress to DRB Submission 0 -$ 0 -$ 0 -$ 0 -$ -$ DRB Prelim Approvals, Planning & Zoning & Refinements **0 -$ 0 -$ 0 -$ 0 -$ -$ 100SD w/ DRB Comments & Consultant Drawings 0 -$ 0 -$ 0 -$ 0 -$ 33,700.00$ 100DD + State Modular Permit Set ***0 -$ 0 -$ 0 -$ 0 -$ -$ DRB Final Approvals & Refinements 0 -$ 0 -$ 0 -$ 0 -$ 84,600.00$ 95CD / GMP / DRB Tech Review Set / Permit Set 0 -$ 0 -$ 0 -$ 0 -$ -$ 100CD incorporating Permit/DRB Comments & GMP Qualifications ****0 -$ 0 -$ 0 -$ 0 -$ 22,200.00$ CA Construction Administration *****0 -$ 0 -$ 0 -$ 0 -$ 11,500.00$ As-designed Documentation (AD) + 11 mo. Warranty Mtg ******0 -$ 0 -$ 0 -$ 0 -$ 28,800.00$ Contingency / Reimbursables 9,040.00$ TOTAL 0 0 0 0 189,840.00$ Code Consulting Services - Shums Coda 8,400.00$ Building Enclosure Consuting - Wiss Janney Elstner Associates Inc (WJE)20,500.00$ Total Consulant Fees 630,470.25$ 10% Management Fee 63,047.03$ Total Architecture & Consultant & Management Fees 1,367,113.28$ *refer to the design schedule for approximate dates and durations of phases, all consultants to allow for up to 90 days of adjustment in the schedule to accommodate approvals and unforseen delays **100SD incorporates minor Town Staff & DRB feedback on the 11.21.2024 DRB Prelim Submission, substantial redesign efforts are not included ***100DD Set to include all requirements for State Modular Permitting & Final DRB Requirements ****90CD Set to meet all Town of Avon Permit & DRB Tech Requirements / 100CD Set incorporates Permit & DRB Comments & GMP Qualifications *****Consultants to provide a detailed narrative for CA scope of services, number of site visits and any/all reimbursable expenses for CA ******As-Designed Documentation incorporating design revisions during Construction and (1) 11 month, post occupancy walk thru / warranty mtg Av o n d a l e A p a r t m e n t s Av o n d a l e A p a r t m e n t s ATTACHMENT D Enter Company Name in cell B2. Enter the name of the Project Lead in cell B3. Enter the Project Start date in cell E3. Pooject Start: label is in cell C3. item responsibility start end ⌂ Do not delete this row. This row is hidden to preserve a formula that is used to highlight the curren day within the project schedule. Startup Meetings & Contract Negotiations 5/5/26 6/9/26 Town Council Meeting (contract approval)6/9/26 Schematic Design (includes min. 2 Meetings w/ Town Staff to approve design refinements)6/10/26 7/22/26 DRB Preliminary Design Review Submission 7/23/26 ⌂ Planning and Zoning referral (2nd & 4th Mondays each month)8/10/26 DRB Preliminary Design Review Meeting 8/13/26 Issue 100SD w/ any DRB Refinements & Additional SD Consultant Drawings 8/20/26 ⌂ Schematic Design Construction Estimate 8/20/26 9/18/26 SD Construction Estimate Review & Town Approval (Incorporate VE into DD Phase in Progress) 9/21/26 9/25/26 100DD / DRB Final / State Permit Submission (modular components)8/20/26 10/22/26 ⌂ DRB Final Design Review Submission (req'd 3 wks prior to DRB mtg)10/22/26 DRB Final Design Review Meeting 11/12/26 DD Construction Estimate 10/22/26 11/19/26 DD Construction Estimate Review & Town Approval (Incorporate VE into CD Phase in Progress) 11/19/26 11/24/26 State Modular Review Period (estimated)10/23/26 1/15/27 Earliest Fabrication Start of Modular Boxes (suggested to push until GMP approved (Feb)1/19/27 90CD Set / GMP / DRB Technical Review Submission 10/22/26 12/17/26 ⌂ Suggested GMP 12/17/26 1/29/27 GMP Review & Approval to Submit for Permit (GMP Quals inc. into 100CDs)2/1/27 2/5/27 DRB Technical Review Period (estimated) Meeting Req'd?12/17/26 1/14/27 Local Avon Full Building Permit Anticipated Review 2/8/27 4/5/27 100CD incorporating Permit & DRB Comments and GMP qualifications 4/5/27 4/30/27 ⌂ Potential Construction Duration (TBD by contractor)5/3/27 6/26/28 *Town Staff to confirm if any additional TC or P&Z approvals or meetings are required *schedule is preliminary for coordination pending town, owners rep & contractor feedback ⌂ = deliverable / milestone Avondale Housing updated 5/29/2026 (modular construction method) Project : Start:Tue, 6/9/2026 ATTACHMENT D 970.748.4106 csimmons@avon.org TO: Honorable Mayor Underwood and Council Members FROM: Chase Simmons, Financial Analyst RE: Real Estate Transfer Tax Exemption Extension DATE: June 2, 2026 SUMMARY: This report presents Council information on the Town’s Real Estate Transfer Tax (“RETT”) Exemption for Primary Residences application process. This process is set forth in Avon Municipal Code (“AMC”) sections 3.12.070. Currently, a primary residence exemption application must be completed within four months of property acquisition unless the Finance Director finds good cause for a later filing. Applications arriving past the four-month deadline must be heard in front of Council. In 2024, Council approved multiple applications beyond four months but within one year. Therefore, a one year precedent has been set. Extending the deadline to one year streamlines the process and saves Staff and Council time and resources. Staff presents the following revisions to the application process. 1.Increase application deadline from 4 to 12 months. 2.Remove language allowing for later filing if “good cause” exists. BACKGROUND: Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14, which provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon. Then Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption for primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption was only available to a person who met the definition of an “Eagle County Employee”. This change was intended to support working full-time residents who currently owned a primary residence in Avon but desired to purchase a larger residence to reflect residential needs and preferences during various life stages. In 2019, Council adopted AMC Section 3.12.060(19) by Ordinance 19-05 establishing a third primary residence exemption in the amount of $240,000. Ordinance 19-05 also renumbered the Primary Residence Exemptions to (17), (18) and (19). The section (19) exemption requires the purchaser to commit to using the property as a primary residence for three years, as opposed to the one year primary residence requirement for Section (17) and (18) exemptions. Section (19) also caps the purchase price of the home at $700,000. Since 2018, the Town has approved 190 primary residence exemptions. However, this number is trending down on a year over year basis. [2018 = 54; 2019=46; 2020=22; 2021=33; 2022=25; 2023=10]. Only 11 of the approved exemptions elected the Section (19) exemption since it was adopted in 2019. Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County Employee and Primary Residence as follows: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis. Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for 970.748.4106 csimmons@avon.org income and tax purposes. Occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such extension request is included with the applicant's application for exemption. FINANCIAL CONSIDERATIONS: None. This revision is clerical. PROPOSED MOTION: “I move to approve First Reading of Ordinance 26-09 AMENDING CHAPTER 3.12.070 REAL PROPERTY TRANSFER TAX APPLICATION FOR EXEMPTION - APPEAL .” Thank you, Chase ATTACHMENT A: Ordinance No. 26-09 Ord. 26-09 Amend RETT Exemption Appeals Process June 9, 2026 Page 1 of 5 ORDINANCE NO. 26-09 AMENDING CHAPTER 3.12.070 REAL PROPERTY TRANSFER TAX APPLICATION FOR EXEMPTION - APPEAL WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State of Colorado (“State”) organized and existing under a home rule charter (“Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town, the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Town Council adopted the Town of Avon Community Housing Plan on December 13, 2018, which included a policy to “formalize a fee waiver/reimbursement process” and which included an Appendix A: Avon Community Housing Plan – Work Plan that contemplated formalizing a Fee Waiver Program; and WHEREAS, the Town Council finds that amendments to the Avon Municipal Code will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the Ordinance and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment of Section 3.12.070 – Application for exemption - appeal. Section 3.12.070 of the Avon Municipal Code is hereby amended as follows: “3.12.070 (a) Application required. No transfer of real property shall be exempt from the imposition of the real estate transfer tax imposed in Section 3.12.030 unless a complete application for exemptions is filed with the Town and such application is approved by the ATTACHMENT A Ord. 26-09 Amend RETT Exemption Appeals Process June 9, 2026 Page 2 of 5 Town. An application may be filed no more than seventy-five (75) days prior to a transfer of real property. or within seventy-five (75) days after the transfer of real property. No application for exemption from real property transfer tax shall be received and no such application shall be approved if submitted to the Town more than four (4) twelve (12) months after the date of transfer., unless the Finance Director finds good cause exists for a later filing. Notwithstanding the foregoing, an application for exemption for low and moderate income housing projects pursuant to Section 3.12.060(14) must be submitted and approved prior to the transfer of real property and no such application for exemption pursuant to Section 3.12.060(14) may be received or approved after the transfer of real property. Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Interpretation. This Ordinance shall be interpreted and applied to comply in all respects with Article X, Section 20, of the Colorado Constitution, in its application to any person or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax policy change that would require voter approval. Section 5. Non-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 or held to be in conflict with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate this Ordinance in its entirety. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or Ord. 26-09 Amend RETT Exemption Appeals Process June 9, 2026 Page 3 of 5 affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord. 26-09 Amend RETT Exemption Appeals Process June 9, 2026 Page 4 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on June 9, 2026 and setting such public hearing for June 23, 2026 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 June 23, 2026. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney 970.748.4004 eric@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager RE: Private Parking Management and Regulations DATE: June 5, 2026 SUMMARY: The Town of Avon has received additional complaints related to private parking management fines for both the Hoffman Commercial and the White River Center commercial office center. I have also received complaints from a business owner stating that patrons who receive parking violation fines are discouraged from visiting businesses in Avon. The Mayor and Mayor Pro Tem requested to include the topic of private parking management and regulations on the Council agenda as a work session to determine Council interest in researching additional legal options to limit or restrict business activities that are harmful to Avon’s economy, local businesses and community reputation. This report outlines options for additional regulations and new approaches to address private parking management practices. Council direction is requested to direct the Town Attorney’s office to research potential laws to safeguard, limit and/or restrict private parking management practices that are harmful to the Avon community. The prior ordinance which would implement business licensing requirements and revocation procedures as well as minimum signage requirements is re-presented to Council on first reading in the subsequent business item. CRIMINALIZE DECEPTIVE BUSINESS PRACTICES: Title 9 of the Avon Municipal Code sets forth municipal laws concerning Public Peace, Morals and Welfare. Chapter 9.08 list Offenses Against the Person. Deceptive business practices could include issuing fines for conducting business operations which may be misleading the general public and consumer. This could include issuance of fines for violating rules that are not properly posted or otherwise notices. The basis for imposing fines on private parking lots is “contract theory”, meaning the customer implicitly agrees to the private parking management rules when such rules are clearly posted. The failure to clearly or adequate post such rules, or failure to post the maximum fine amount, could be considered both a failure of a contract and deceptive business practices. Violations for any laws in Title 9 are subject to Avon’s General Penalty set forth in Chapter 1.08, which includes monetary fines up to $2,650 and imprisonment not to exceed one (1) year. ADDITIONAL REGULATION OF PRIVATE PARKING MANAGEMENT: Additional regulation of private parking management could be considered by Council, including: • Prohibition of automatic license plate reader camera systems or requirement to use traditional physical gates with ticket kiosks • Minimum timeframe to send parking rule violation fines to vehicle owners • Requirement to report number and type of parking rule violations to Town of Avon • Requirement to create a detailed private parking management plan and then obtain a majority of commercial tenant approval for any private parking management plan that is imposed on commercial tenants • Establishment of a municipal hearing system to dispute parking violation fines similar to Avon’s Vehicle Immobilization Regulations Page 2 of 2 • Establish an obligation to provide a written, mailed warning for a first parking violation by a vehicle before a parking violation fine can be issued for that vehicle REFERRAL OF PRIVATE PARKING TAX BALLOT QUESTION: Avon Council has been advised there are legal restrictions on the extent to which the Town of Avon can limit or regulate parking rates or fines for parking regulations. It may be possible to consider referring a tax question to the Avon electorate to impose a significant tax on either parking fees or parking fines to either discourage excessive fees or fines and/or to generate revenues to support development of more public parking that is not subject to private parking management rules. Generally, a tax ballot question would be presented in the form an ordinance that is adopted by Council, which the language of the ballot questions and municipal code provisions for implementation if approved by voters, and takes action to refer the ballot question to an election. As an example, it may be possible to refer a ballot question that imposed a graduated tax on the amount of the parking violation fee or imposed a 100% tax on any parking violation fines that are in excess of the Town of Avon’s parking violation fines (which is currently $40) or imposed an excise tax on the privilege of obtaining a private parking business licenses. ALTERNATIVE PRIVATE PARKING MANAGEMENT: Consideration should be given to alternative means of private parking management that are permissible or preferred so that commercial property owners and Avon businesses have an effective means to control parking for their customers. Any new or expanded regulations should not inhibit private parking management that benefits commercial owners and tenants. The use of parking lot gates, parking payment kiosks, and parking lot attendants are well established and generally do not result in the level of community and visitor antipathy that Avon has experienced with the automatic camera and violation ticketing system currently in use. REQUESTED COUNCIL DIRECTION: Council direction is requested on whether to direct the Town Attorney to further research and explore some or all of the options described above in coordinate with Town Staff. If directed to conduct further research then Town Staff would seek to bring additional information and drafts of ordinance(s) as may be appropriate to the July 28, 2026 Council meeting. PROPOSED MOTION: “I move to direct the Town Attorney to research and explore [specific options or all options] to regulate and/or tax private parking business operations.” Thank you, Eric 970.748.4004 eric@avon.org TO: Honorable Mayor Tamra N. Underwood and Council members FROM: Eric Heil, Town Manager RE: First and Final Reading Ordinance 26-04 Private Parking Regulations DATE: June 5, 2026 SUMMARY: Council is presented with Ordinance 26-04 Private Parking Lot regulations. This is a re- introduction of Ordinance 25-18 which was introduced last year. The previous report is attached to this packet. Council previously took action to continue 2nd reading and public hearing on Ordinance 25-18 to August; therefore, consideration of private parking lot regulations before August will require reintroduction of a new ordinance. ONE READING ADOPTION: Ordinance 26-04 is presented for adoption on one reading as “Necessary to the Immediate Preservation of Public Health and Safety” in accordance with Section 6.6 of the Avon Home Rule Charter. Presentation as a one reading ordinance is intended to accelerate new regulatory requirements for signage with information on maximum parking fine amounts as soon as possible due to the increased volume of visitor traffic that will occur in June, July and August. Ordinance 26-04 is scheduled and noticed as a Public Hearing and will require the concurring vote of five (5) Council members for passage. Council may choose to approve Ordinance 26-04 as a first reading with four concurring votes and would then designate the date for a second reading and public hearing. BUSINESS LICENSING: No changes have been made the business licensing portion of the previous Ordinance 25-18. SIGNAGE: The proposed regulations on required signage have been modified to delete many of the specific details and then clearly delegate to the Avon Community Development Department the authority to adopt written policies on sign contact, format, location and maximum spacing of signs within a private parking lot. RECOMMENDATION: I recommend approving Ordinance 26-04. PROPOSED ALTERNATE MOTIONS: “I move to approve first and final reading of Ordinance 26-04 Enacting Avon Municipal Code Chapter 5.14 – Private Parking Lots Adopted As Necessary to the Immediate Preservation of Public Health and Safety.” Thank you, Eric ATTACHMENT A: Ordinance 26-04 Private Parking Regulations ATTACHMENT B: Comparison of Ordinance 25-18 to Ordinance 26-04 Ord 26-04 – Enacting Chapter 5.14 – Private Parking Lots June 9, 2026 Page 1 of 7 ORDINANCE 26-04 ENACTING AVON MUNICIPAL CODE CHAPTER 5.14 - PRIVATE PARKING LOTS ADOPTED AS NECESSARY TO THE IMMEDIATE PRESERVATION OF PUBLIC HEALTH AND SAFETY WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon, Colorado (“Avon”), the Avon Town Council (“Council”) has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to such authority, the Town has previously adopted Title 5 of the Avon Municipal Code (“Code”), which governs “Business Taxes, Licenses and Regulations” within the Town; and WHEREAS, based upon business, community, resident property owner, customer and visitor input and impact, as well as thorough analysis and recommendation by Avon staff and appointed officials, Council recommends that private parking lots are added to Title 5 of the Code, to be incorporated as a business that warrants inclusion for specified regulation and licensing; and WHEREAS, Council finds that enacting a new Chapter 5.14 regulating and providing a licensing framework for private parking lots will promote the health, safety and general welfare of the Avon community; and WHEREAS, Council finds that numerous comments from regional residents, visitors and business owners indicate significant confusion, frustration and antipathy for private parking lot management practices and parking violation fines and fees that have been imposed on patrons of Avon businesses, and that such sentiment decreases patronage of Avon businesses and harms Avon’s economy and reputation, and creates conditions for which the adoption of these regulations is necessary the immediate preservation of public health and safety of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Council, or any member of the 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: ATTACHMENT A: Ordinance 26-04 Ord 26-04 – Enacting Chapter 5.14 – Private Parking Lots June 9, 2026 Page 2 of 7 Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of Council. Section 2. Enacting Chapter 5.14 of the Avon Municipal Code. A new Chapter 5.14, “Private Parking Lots,” of the Avon Municipal Code is hereby enacted and added to read as set forth in Exhibit A: Enacting Chapter 5.14, “Private Parking Lots,” of Title 5, “Business Taxers, Licenses and Regulations” 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 invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 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 Avon. Section 4. Effective Date. This Ordinance shall take effect May 9, 2026. Section 5. Safety Clause. Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power 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 object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Avon’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 Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Code. ATTACHMENT A: Ordinance 26-04 Ord 26-04 – Enacting Chapter 5.14 – Private Parking Lots June 9, 2026 Page 3 of 7 INTRODUCED AND ADOPTED ON FIRST READING AND FINAL READING AFTER CONDUCTING A PUBLIC HEARING BY THE CONCURRING VOTE OF FIVE COUNCIL MEMBERS by the Avon Town Council on June 9, 2025. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina P. Williams, Town Attorney ATTACHMENT A: Ordinance 26-04 Ord 26-04 – Enacting Chapter 5.14 – Private Parking Lots June 9, 2026 Page 4 of 7 EXHIBIT A Enacting Chapter 5.14, “Private Parking Lots,” of Title 5, “Business Taxes, Licenses and Regulations” of the Avon Municipal Code Chapter 5.14 – Private Parking Lots 5.14.010 – Purpose The purpose of Chapter 5.14 Private Parking Lots is to establish regulations which allow for the operation of private parking lots open to the general public which charge a fee for use while requiring a business license specific to this commercial activity and setting minimum standards that benefit and protect the general public. 5.14.020 – Applicability The requirements of this Chapter 5.14 Private Parking Lots shall apply to any parking lot within the Town that: (a)is not on property or right-of-way owned or controlled by the Town or another governmental entity; (b)allows parking by the general public; and, (c)charges a fee, fine or penalty in any amount for the privilege of parking in such Parking Lot. 5.14.030 – Definitions As used in this Chapter, the following word(s) and term(s) shall be defined as follows: Parking Lot means any private place, lot, parcel, yard, structure, building or enclosure used in whole or in part for the storing of parking three (3) or more motor vehicles where a storage or parking fee is charged by a private business, corporation, entity or person. 5.14.040 – Exemptions from chapter provisions. The following shall be exempt from the requirements of this Chapter: (a)All repair or service garages and other places where motor vehicles are stored while awaiting only repair or servicing and when no fee for storage or parking is charged. (b)Special event parking lots for which a temporary use permit has been obtained in accordance with the provisions of Section 7.24.080. ATTACHMENT A: Ordinance 26-04 Ord 26-04 – Enacting Chapter 5.14 – Private Parking Lots June 9, 2026 Page 5 of 7 (c) Any paid parking lots or areas owned or managed by the Town or any other local government. 5.14.050 – License - required. No person shall conduct, operate or maintain a Parking Lot without first obtaining a license therefore from the Finance Division of the General Government Department. 5.14.060 – License – application and requirements. (a) Application for a license to operate a private Parking Lot for a charge shall be made to the Finance Division of the General Government Department. (b) No license shall be issued under this Chapter until satisfactory proof has been made to that the Parking Lot is laid out and constructed and will be maintained in accordance with this Code, this Chapter and the ordinances and regulations of the Town, as well as all requirements set forth in the applicable license and application. (c) Application for Parking Lot licenses shall set forth the following: the name and address of the applicant, and if a partnership, the names and addresses of all partners, and, if a corporation, the name, date and state under which incorporated, and the names and addresses of the officers, and, if a limited liability corporation, the name, date and state where formed and the names and addresses of the members. (d) It is the duty of each licensee to ensure that all of the information provided in a license application is kept up to date at all times, and it shall be unlawful for a licensee to fail to provide updated information to the Town within fifteen (15) days after the date upon which any information provided is no longer accurate. (e) Each license issued under this Chapter shall be issued on an annual basis. (f) No license issued under this Chapter shall be transferable and no license is valid as to any person or entity other than the person or entity named thereon. (g) There shall be a representative or agent who is on call full-time to manage the Parking Lot during any period which the licensed premises is utilized as a paid Parking Lot. The representative or agent shall be required to respond to a complaint or dispute within twenty-four (24) hours by phone, online, or in-person. Said representative or agent must be a live human being, and not a computer or AI chat bot. (h) Compliance with this Chapter, the Code and other applicable ordinances and regulations of the Town is required in order to issue a license to operate a Parking Lot. ATTACHMENT A: Ordinance 26-04 Ord 26-04 – Enacting Chapter 5.14 – Private Parking Lots June 9, 2026 Page 6 of 7 5.14.070 – License – application and renewal – fees. Application and license fees under this Chapter, as well as annual renewal license fees, shall be as provided by Council within the Town’s Fee Schedule, adopted by Resolution and as may be amended from time to time. 5.14.080 – Signage. (a) Each licensee under this Chapter shall install and maintain required Parking Lot signs with at least the minimum information set forth in this Section in such format and with such additional information may be prescribed by the Avon Community Development Department. (b) The required Parking Lot signage shall include the minimum following information: (1) Parking Lot Sign Title. Signage must include a top line title reading “Parking Lot Rules”. (2) Licensee Name and Contact Information. (3) Contact information for appeal or dispute of charge, fee, penalty or fine. (4) Hours. The hours of the day or night during which the Parking Lot is open for business and/or charging customers and visitors. (5) Rates. The rates charged for parking of motor vehicles. (6) Maximum Rate, Fee, Penalty or Fine. The maximum dollar amount that can, may or will be charged or assessed during a singular visit must be clearly posted and identified by numerical value. (7) Separate rates for parking at different times of the day. Separate rates, if any, that are charged for parking at different times of the day. (8) Payment instructions. Detailed instructions as to methods of payment for Parking Lots that are not attended. (c) The Avon Community Development Department is authorized to adopt Private Parking Lot Signage Policies in writing which set forth additional sign requirements, including but not limited to: additional required information, multiple signs where appropriate, letter size, color and contrast, English and Spanish language, locations and maximum spacing for signs within a private parking lot and procedures for reviewing sign content and private parking lot sign location plans. ATTACHMENT A: Ordinance 26-04 Ord 26-04 – Enacting Chapter 5.14 – Private Parking Lots June 9, 2026 Page 7 of 7 (d) Any amendments or updates to the required Parking Lot signs shall be presented to the Avon Community Development Department for review and approval and shall be posted before any change in the rules, rates or contact information takes effect. 5.14.90 – Violations by operator. It shall be unlawful for any licensee under this Chapter to: (1) Charge any greater sum for parking a motor vehicle or for any purpose or reason than is provided for on the sign placed at the entrance of or within the Parking Lot; (2) Park or allow any motor vehicle to be parked on or within six (6) inches of the property line; (3) Park, or allow to be parked, any motor vehicle on private property outside the approved and designated parking area as shown on the site development plan approved by the Town; (4) Park, or allow to be parked, any motor vehicle on any public sidewalks, pedestrian ways, streets, other public rights-of-way or other public property; (5) Use any motor vehicle parked on the Parking Lot for any purpose whatsoever unless authorized in writing by the owner or operator of such vehicle and in compliance with the Code and other applicable ordinances, laws and regulations; or, (6) Tow away or immobilize a vehicle in a manner that fails to comply with the Code and other applicable ordinances, laws and regulations. 5.14.100 – License – application – decision – appeal. Town shall approve or deny the license within thirty-five (35) days of receipt of a complete application for a Parking Lot license. The approval or denial of a license shall be in writing. The applicant for a Parking Lot license may appeal a decision to deny a license to the Town Council. A request for appeal shall be provided in writing to the Town Clerk within ten (10) days of the date of denial of the license application. The Town Council shall consider an appeal of the Town decision to deny the license within forty-five (45) days of receipt of a proper and timely written request to appeal a denial decision. The decision of the Town Council shall be final. 5.14.110 – Suspension or revocation of license. (a) Any license issued pursuant to this Chapter may be suspended or revoked by the Town Council after conducting a public hearing, with at least ten (10) days’ written notice of such public hearing. The licensee may waive in writing the minimum ten (10) day notice period. The notice of public hearing must be sent via United States Postal Service to the licensee or their designated agent, sent to the business address of the ATTACHMENT A: Ordinance 26-04 Ord 26-04 – Enacting Chapter 5.14 – Private Parking Lots June 9, 2026 Page 8 of 7 operator or agent as shown on their license. The public hearing notice shall state the contemplated action and the grounds therefor, which may include one or more of the following reasons: (1) Violation of this Chapter or of any provision of the Avon Municipal Code or of any law or regulation that pertains to the requirements of the application, the licensed property, or terms of the license; (2) Violation of any of the terms of the license issued under this Chapter; (3) Violation of any requirements of, or terms of agreement with, the Colorado Attorney General’s office or similar consumer protection organization with legal and governmental jurisdiction and authority over the licensee; (4) Violation of any provision of the Colorado Privacy Act (CRS 6-1-1301 et seq.) or of the Colorado Privacy Act Rules (4 CCR 904-3); (5) Failure to pay any applicable taxes pursuant to this Code, or the annual license fee established by Town; (6) False statement of material fact contained in the application or knowingly providing false information to the Town in conjunction with an application for license; (7) Failure to file any report or provide or furnish any other information that may be required by the provisions relating to this Chapter; or (8) The occurrence or disclosure of any fact or condition after the license is granted which, if such fact or condition had been existed or had been known to exist at the time of the application for such license, would have warranted the refusal of the issuance of such license. (b) The decision of the Town Council shall be final. (c) If a license is suspended pursuant to this Section, such suspension shall be in effect for a minimum of one (1) month and a maximum of one (1) year, and shall apply to subsidiaries, affiliates, assigns, successors or entities controlled by the same individuals as who controlled the revoked licensee. (d) If a license is revoked pursuant to this Section, such revocation shall be in effect for one (1) year from the date of revocation, and shall apply to subsidiaries, affiliates, assigns, successors or entities controlled by the same individuals as who controlled the revoked licensee. ATTACHMENT A: Ordinance 26-04 Ord 26-04 – Enacting Chapter 5.14 – Private Parking Lots June 9, 2026 Page 9 of 7 5.14.120 – Compliance required. It shall be unlawful for any private property owner, lessee, person, or entity to operate a private Parking Lot without first obtaining a license from the Town pursuant to the provisions of this Chapter, or to operate private Parking Lot when such license is suspended or revoked, or operate a Parking Lot without complying with this Chapter or any conditions of an approved Parking Lot license and, upon conviction, shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of Section 1.08.010 of this Code. 5.14.130 – Lot maintenance. Each Parking Lot subject to this Chapter shall be maintained in accordance with Section 7.28.020(k) of this Code. ATTACHMENT A: Ordinance 26-04 Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 1 of 7 ORDINANCE 25-1826-04 ENACTING AVON MUNICIPAL CODE CHAPTER 5.14 - PRIVATE PARKING LOTS ADOPTED AS NECESSARY TO THE IMMEDIATE PRESERVATION OF PUBLIC HEALTH AND SAFETY WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon, Colorado (“Avon”), the Avon Town Council (“Council”) has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to such authority, the Town has previously adopted Title 5 of the Avon Municipal Code (“Code”), which governs “Business Taxes, Licenses and Regulations” within the Town; and WHEREAS, based upon business, community, resident property owner, customer and visitor input and impact, as well as thorough analysis and recommendation by Avon staff and appointed officials, Council recommends that private parking lots are added to Title 5 of the Code, to be incorporated as a business that warrants inclusion for specified regulation and licensing; and WHEREAS, Council finds that enacting a new Chapter 5.14 regulating and providing a licensing framework for private parking lots will promote the health, safety and general welfare of the Avon community; and WHEREAS, Council finds that numerous comments from regional residents, visitors and business owners indicate significant confusion, frustration and antipathy for private parking lot management practices and parking violation fines and fees that have been imposed on patrons of Avon businesses, and that such sentiment decreases patronage of Avon businesses and harms Avon’s economy and reputation, and creates conditions for which the adoption of these regulations is necessary the immediate preservation of public health and safety of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Council, or any member of the Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. ATTACHMENT B: Ord 26-04 COMPARISON Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 2 of 7 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. Enacting Chapter 5.14 of the Avon Municipal Code. A new Chapter 5.14, “Private Parking Lots,” of the Avon Municipal Code is hereby enacted and added to read as set forth in Exhibit A: Enacting Chapter 5.14, “Private Parking Lots,” of Title 5, “Business Taxers, Licenses and Regulations” 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 invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 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 Avon. Section 4. Effective Date. This Ordinance shall take effect May 9, 2026. Section 5. Safety Clause. Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power 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 object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Avon’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 Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Code. ATTACHMENT B: Ord 26-04 COMPARISON Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 3 of 7 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TOFINAL READING AFTER CONDUCTING A PUBLIC HEARING BY THE CONCURRING VOTE OF FIVE COUNCIL MEMBERS by the Avon Town Council on DecemberJune 9, 2025 and setting such public hearing for January 13, 2026 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 January 13, 2026. BY: ATTEST: ____________________________ ___________________________________ Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina P. Williams, Town Attorney ATTACHMENT B: Ord 26-04 COMPARISON Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 4 of 7 EXHIBIT A Enacting Chapter 5.14, “Private Parking Lots,” of Title 5, “Business Taxes, Licenses and Regulations” of the Avon Municipal Code Chapter 5.14 – Private Parking Lots 5.14.010 – Purpose The purpose of Chapter 5.14 Private Parking Lots is to establish regulations which allow for the operation of private parking lots open to the general public which charge a fee for use while requiring a business license specific to this commercial activity and setting minimum standards that benefit and protect the general public. 5.14.020 – Applicability The requirements of this Chapter 5.14 Private Parking Lots shall apply to any parking lot within the Town that: (a) is not on property or right-of-way owned or controlled by the Town or another governmental entity; (b) allows parking by the general public; and, (c) charges a fee, fine or penalty in any amount for the privilege of parking in such Parking Lot. 5.14.030 – Definitions As used in this Chapter, the following word(s) and term(s) shall be defined as follows: Parking Lot means any private place, lot, parcel, yard, structure, building or enclosure used in whole or in part for the storing of parking three (3) or more motor vehicles where a storage or parking fee is charged by a private business, corporation, entity or person. 5.14.040 – Exemptions from chapter provisions. The following shall be exempt from the requirements of this Chapter: (a) All repair or service garages and other places where motor vehicles are stored while awaiting only repair or servicing and when no fee for storage or parking is charged. (b) Special event parking lots for which a temporary use permit has been obtained in accordance with the provisions of Section 7.24.080. ATTACHMENT B: Ord 26-04 COMPARISON Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 5 of 7 (c) Any paid parking lots or areas owned or managed by the Town or any other local government. 5.14.050 – License - required. No person shall conduct, operate or maintain a parking lotParking Lot without first obtaining a license therefore from the Finance Division of the General Government Department. 5.14.060 – License – application and requirements. (a) Application for a license to operate a private Parking Lot for a charge shall be made to the Finance Division of the General Government Department. (b) No license shall be issued under this Chapter until satisfactory proof has been made to that the Parking Lot is laid out and constructed and will be maintained in accordance with this Code, this Chapter and the ordinances and regulations of the Town, as well as all requirements set forth in the applicable license and application. (c) Application for parking lotParking Lot licenses shall set forth the following: the name and address of the applicant, and if a partnership, the names and addresses of all partners, and, if a corporation, the name, date and state under which incorporated, and the names and addresses of the officers, and, if a limited liability corporation, the name, date and state where formed and the names and addresses of the members. (d) It is the duty of each licensee to ensure that all of the information provided in a license application is kept up to date at all times, and it shall be unlawful for a licensee to fail to provide updated information to the Town within fifteen (15) days after the date upon which any information provided is no longer accurate. (e) Each license issued under this Chapter shall be issued on an annual basis. (f) No license issued under this Chapter shall be transferable and no license is valid as to any person or entity other than the person or entity named thereon. (g) There shall be a representative or agent who is on call full-time to manage the parking lotParking Lot during any period which the licensed premises is utilized as a paid parking lotParking Lot. The representative or agent shall be required to respond to a complaint or dispute within twenty-four (24) hours by phone, online, or in-person. Said representative or agent must be a live human being, and not a computer or AI chat bot. (h) Compliance with this Chapter, the Code and other applicable ordinances and regulations of the Town is required in order to issue a license to operate a Parking Lot. ATTACHMENT B: Ord 26-04 COMPARISON Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 6 of 7 5.14.070 – License – application and renewal – fees. Application and license fees under this Chapter, as well as annual renewal license fees, shall be as provided by Council within the Town’s Fee Schedule, adopted by Resolution and as may be amended from time to time. 5.14.080 – Signage. (a) Each licensee under this Chapter shall install and maintain required Parking Lot signs with at least the minimum information and in the required format set forth in this sectionSection in such format and with such additional information may be prescribed by the Avon Community Development Department. (b) Required Parking Lot signs shall be installed at each entrance to a Parking Lot and in one location that is central and convenient within the Parking Lot area for viewing by Parking Lot patrons. (c) Each sign shall be clear and visible, using lettering with high contrast with the background, using lettering that is at least 1” high unless otherwise stated, and shall be illuminated with down cast lighting, which can be from approved parking lot lighting or other approved sources, during open hours between sunset and sunrise. (d)(b) The required Parking Lot signage shall include the minimum following information: (1) Parking Lot Sign Title. Signage must include a top line title reading “Parking Lot Rules” with a minimum 3” high lettering”. (2) Licensee name. Signage must state: “Private Paid Parking Lot Managed by [name of applicable company/entity].” The contact information of the Licensee must be provided, including telephone number, email address and physical mailing address. (2) Licensee Name and Contact Information. (3) Contact information for appeal or dispute of charge, fee, penalty or fine. The contact information to appeal or dispute any charge, fee, penalty or fine shall be provided, including the name, title, telephone number, email address and physical mailing address. (4) Hours. The hours of the day or night during which the parking lotParking Lot is open for business and/or charging customers and visitors. ATTACHMENT B: Ord 26-04 COMPARISON Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 7 of 7 (5) Rates. The rates charged for parking of motor vehicles. Where more than one (1) rate is charged, figures of each rate shall be of the same size and dimensions; all figures and letters regarding rates and closing hours shall not be less than two (2) inches in height. (6) Maximum Rate, Fee, Penalty or Fine. The maximum dollar amount that can, may or will be charged or assessed during a singular visit must be clearly posted and identified by numerical value. This includes any total amount charged to a customer or individual, whether such dollar amount is called a rate, charge, cost, fee, penalty, fine, assessment, failure to register penalty, or the like. The language must read, “Failure to pay parking lot fees may result in a maximum fine [or charge] of $xxx per day.” (7) Separate rates for parking at different times of the day. Separate rates, if any, that are charged for parking at different times of the day. (8) Payment instructions. Detailed instructions as to methods of payment for Parking Lots that are not attended. (e)(c) The Avon Community Development Department shall review and approve the proposed text, formatting and the locations for any required is authorized to adopt Private Parking Lot signs prior to installation of such signs. The Avon Community Development Department may administratively adopt suchSignage Policies in writing which set forth additional sign requirements, including but not limited to: additional required information, criteria, guidance or sample templatesmultiple signs where appropriate, letter size, color and contrast, English and Spanish language, locations and maximum spacing for signs within a private parking lot and procedures for required Parking Lot signsreviewing sign content and private parking lot sign location plans. (f)(d) Any amendments or updates to the required Parking Lot signs shall be presented to the Avon Community Development Department for review and approval and shall be posted before any change in the rules, rates or contact information takes effect. 5.14.10090 – Violations by operator. It shall be unlawful for any licensee under this Chapter to: (1) Charge any greater sum for parking a motor vehicle or for any purpose or reason than is provided for on the sign placed at the entrance of or within the parking lotParking Lot; (2) Park or allow any motor vehicle to be parked on or within six (6) inches of the property line; ATTACHMENT B: Ord 26-04 COMPARISON Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 8 of 7 (3) Park, or allow to be parked, any motor vehicle on private property outside the approved and designated parking area as shown on the site development plan approved by the Town; (4) Park, or allow to be parked, any motor vehicle on any public sidewalks, pedestrian ways, streets, other public rights-of-way or other public property; (5) Use any motor vehicle parked on the Parking Lot for any purpose whatsoever unless authorized in writing by the owner or operator of such vehicle and in compliance with the Code and other applicable ordinances, laws and regulations; or, (6) Tow away or immobilize a vehicle in a manner that fails to comply with the Code and other applicable ordinances, laws and regulations. 5.14.090100 – License – application – decision – appeal. Town shall approve or deny the license within thirty-five (35) days of receipt of a complete application for a Parking Lot license. The approval or denial of a license shall be in writing. The applicant for a Parking Lot license may appeal a decision to deny a license to the Town Council. A request for appeal shall be provided in writing to the Town Clerk within ten (10) days of the date of denial of the license application. The Town Council shall consider an appeal of the Town decision to deny the license within forty-five (45) days of receipt of a proper and timely written request to appeal a denial decision. The decision of the Town Council shall be final. 5.14.100110 – Suspension or revocation of license. (a) Any license issued pursuant to this Chapter may be suspended or revoked by the Town Council after conducting a public hearing, with at least ten (10) days’ written notice of such public hearing. The licensee may waive in writing the minimum ten (10) day notice period. The notice of public hearing must be sent via United States Postal Service to the licensee or their designated agent, sent to the business address of the operator or agent as shown on their license. The public hearing notice shall state the contemplated action and the grounds therefor, which may include one or more of the following reasons: (1) Violation of this Chapter or of any provision of the Avon Municipal Code or of any law or regulation that pertains to the requirements of the application, the licensed property, or terms of the license; (2) Violation of any of the terms of the license issued under this Chapter; ATTACHMENT B: Ord 26-04 COMPARISON Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 9 of 7 (3) Violation of any requirements of, or terms of agreement with, the Colorado Attorney General’s office or similar consumer protection organization with legal and governmental jurisdiction and authority over the licensee; (4) Violation of any provision of the Colorado Privacy Act (CRS 6-1-1301 et seq.) or of the Colorado Privacy Act Rules (4 CCR 904-3); (5) Failure to pay any applicable taxes pursuant to this Code, or the annual license fee established by Town; (6) False statement of material fact contained in the application or knowingly providing false information to the Town in conjunction with an application for license; (7) Failure to file any report or provide or furnish any other information that may be required by the provisions relating to this Chapter; or (8) The occurrence or disclosure of any fact or condition after the license is granted which, if such fact or condition had been existed or had been known to exist at the time of the application for such license, would have warranted the refusal of the issuance of such license. (b) The decision of the Town Council shall be final. (c) If a license is suspended pursuant to this Section, such suspension shall be in effect for a minimum of one (1) month and a maximum of one (1) year, and shall apply to subsidiaries, affiliates, assigns, successors or entities controlled by the same individuals as who controlled the revoked licensee. (d) If a license is revoked pursuant to this Section, such revocation shall be in effect for one (1) year from the date of revocation, and shall apply to subsidiaries, affiliates, assigns, successors or entities controlled by the same individuals as who controlled the revoked licensee. 5.14.110120 – Compliance required. It shall be unlawful for any private property owner, lessee, person, or entity to operate a private Parking Lot without first obtaining a license from the Town pursuant to the provisions of this Chapter, or to operate private Parking Lot when such license is suspended or revoked, or operate a Parking Lot without complying with this Chapter or any conditions of an approved Parking Lot license and, upon conviction, shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of Section 1.08.010 of this Code. ATTACHMENT B: Ord 26-04 COMPARISON Ord 25-1826-04 – Enacting Chapter 5.14 – Private Parking Lots November 11, 2025 June 9, 2026 Page 10 of 7 5.14.130 – Lot maintenance. Each Parking Lot subject to this Chapter shall be maintained in accordance with Section 7.28.020(k) of this Code. ATTACHMENT B: Ord 26-04 COMPARISON CASE COMMITTEE MEETING MINUTE THURSDAY, MAY 21, 2026 HYBRID MEETING: IN PERSON AT AVON TOWN HALL OR VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 21 MAY 2026 PAGE 1 | 3 1. ROLL CALL CASE Committee: Committee Chair Justin Chesney, Committee Vice Chair Pedro Campos, Committee Members Amy Lewis, Alejandro Cerda, Erica Baldwin, and Town Councilor Ruth Stanley Virtual: Thomas Walsh, Kristen Dudding Absent: Committee Member Ian Grask and Town Councilor Lindsay Hardy Staff: Senior Special Events Coordinator Chelsea Van Winkle, Special Events Coordinator Emily Dennis, Town Manager Eric Heil Public: Russell Frederickson The meeting was called to order at 12:33 p.m. 2. MINUTES Committee Vice Chair Pedro Campos motioned to approve the meeting minutes from January 8, 2026. It was seconded by Committee Member Erica Baldwin, and it passed unanimously. Committee Member Erica Baldwin introduced herself, followed by introductions from the rest of the CASE Committee. 3. PUBLIC COMMENT No public comments were made. 4. STAFF UPDATE Senior Special Events Coordinator Van Winkle provided an update on the Sustainability Fair from the previous weekend and reminded the group about upcoming SunsetLIVE! dates, and the Yarn & Fiber Bombing art installation happening in early June. The Art Walk in Avon series also begins at the Art Guild in Avon on June 5. Special Events Coordinator Dennis gave a brief update about the hard -to-recycle component of the Sustainability Fair, mentioning that we collected more e-waste this year and we accepted more hard-to-recycle products this year, including paint, household hazardous waste, and document shredding services. The Committee commented / inquired: • The Sustainability Fair was well attended! • The Sustainability Fair was great, and it was a nice touch to have the musician. The event felt inclusive and the non-profit organizations were very well represented. It was organized and accessible. This feels like an event that will continue to grow. • Is there any way for us to get the AvonLIVE! lineup sooner? • AvonLIVE! has a great lineup, especially compared to some of our neighboring communities. Senior Special Events Coordinator Van Winkle mentioned that our AvonLIVE! release was in line with our normal timeline and that push our production team to book bands in a timely fashion. It can be more difficult to get bands that are on tour. CASE COMMITTEE MEETING MINUTE THURSDAY, MAY 21, 2026 HYBRID MEETING: IN PERSON AT AVON TOWN HALL OR VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 21 MAY 2026 PAGE 2 | 3 Committee Chair Justin Chesney provided an update on Pride in the Park, noting that there are not a lot of changes this year. The afterparty is at Chasing Rabbits and instead of a large headliner, they will host local Colorado bands. The Westin is having Mountain Pride as their Q2 partners. The Committee commented / inquired: • I found last year’s Pride in the Park layout to be one of the best. It was nice having the central alleyway, it was a well-organized event and felt cohesive. Senior Special Events Coordinator Van Winkle gave an update on Salute to the USA planning, mentioned that we will make a call about fireworks in the coming weeks as we continue to assess the weather. Other July events include AVID Dance, Colorado Disc Dogs, and Avon Arts Celebration. Town Manager Heil mentioned that there is a desire to make the call early but since we are more than a month ahead of the event, there is no reason to cancel fireworks just yet. The Committee commented / inquired: • I feel very strongly that there should be a visual arts element for our Freefall Bluegrass Festival. I know we have discussed this in the past. I'm sure the Vail Valley Art Guild would be excited to showcase art or have a live art event. Let us know what type of coordination would need to happen between the Town, VVAG, and Diane Moudy to ensure this can be executed. • The Art Guild would love to collaborate. • Are there going to be one-day tickets for the festival? • Are there any lodging specials? • I’m curious how the festival is planning for weather. I remember being at Vail for this event and a huge rainstorm came and people didn’t return. Senior Special Events Coordinator Van Winkle explained that event producers are going to release single day tickets eventually and that they are working to secure lodging sponsors and finalize a full VIP package. All third-party event producers are required to fill out an Emergency Action Plan (“EAP”) form, but it is still too early for us to have that document. Senior Special Events Coordinator Van Winkle provided an update about the Summer Food Truck program. Ceviche LLC was awarded the Lake Street location and should be operational shortly. Lake Street does not have a lot of power which limits which food trucks we can accept. The Committee commented / inquired: • How can we get electricity to the Lake Street location? • Is there going to be a photographer at First Fridays? They are very well attended. • I’m excited for the Yarn & Fiber art installations. CASE COMMITTEE MEETING MINUTE THURSDAY, MAY 21, 2026 HYBRID MEETING: IN PERSON AT AVON TOWN HALL OR VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 21 MAY 2026 PAGE 3 | 3 5. CURRENT ACTIVITY & PLANNING Town Manager Heil provided the committee with several updates. Including, that Avon applied and was awarded funding to do a summer connector route to Beaver Creek . It will run in 20-minute intervals and is a positive step forward in how we partner and coordinate with Beaver Creek. The connector is only for summer. Avon Station has a lot of use and is reaching capacity. Avon is looking at a concept plan to expand Avon Station since it is the busiest stop on the CORE Transit route. The pedestrian mall redesign will have an update later this year. The estimate came back more expensive, so we are currently reconfiguring parking to have more for the Avon Library and Avon Recreation Center. The redesign will create a lot of opportunities for more events to happen. The Summit design plans are coming along and will have a ground floor commercial shell space with food and beverage operations, public restrooms, and a large cultural and arts flex space. The time frame for that building is approximately two years, and the space will be flexible for multiple local groups. The CASE Committee will play a large role in programming the space. Avon is talking to the Library about a potential expansion. We are considering a memorandum of agreement to use a portion of the old fire station. Once it is demolished, about one -third of the lot space could be used for the library with more area for grass, picnic tables, and more. The East Nottingham Improvement Project is moving forward. The modulars are scheduled to arrive soon and then will be finished on-site. The contractor has targeted mid-September as a completion date. The Committee commented / inquired: • What is going on with the bathroom building? • You may have all noticed there are some large trees being removed along the Main Street Mall. Some were on Town property, and some were on Lot B. They were hazard trees and restricted the space. A new patio for Bob’s Place has been integrated into the plan. The liquor license has remained the same. The patio will be in that state for about two years as The Summit is being built. • The Avon Skate Coalition was approached by the Reckless Beauty Foundation, and they want to partner with us. After reviewing their mission, we thought it was a great match for the community, and we’re looking forward to taking this to a new level and getting the skatepark funding back on track. • The new transit offering is great. Beaver Creek seems to be upping the ante this year on their event with three different concert series; their talent is good, and it could help create some synergies with what we’re doing. • I would like to shout out The Westin. I attended a very well-run event last week that was also hosted by Speak Up Reach Out with the Local Legends. It was so inclusive and well attended. That doesn’t happen in a lot of places. ADJOURNMENT Committee Chair Justin Chesney adjourned the meeting at 1:28 p.m. Respectfully submitted by: Emily Dennis Special Events Coordinator DDA MEETING MINUTES MONDAY, JUNE 1ST, 2026 HYBRID MEETING, IN PERSON AND VIRTUAL VIA MICROSOFT TEAMS 1. Roll Call The meeting was called to order at 3:00 p.m. DDA Board Chair Tony Emrick presided over the meeting. There was quorum with seven board members present at the time. Present in Person: Board Members Tony Emrick, Gregg Cooper, Rob Tartre, Lisa Mattis, and Wayne Hanson. Present Virtually: Board Members Scott Tarbet, Marcus Lindholm, and Matt Fitzgerald (joined at 3:01pm). Absent: Board Member Brandt Marott, Chris Neuswanger and Councilor Chico Thuon Staff: Eric Heil, Matt Pielsticker, Ineke de Jong, Paul Redmond, Chase Simmons, Patty McKenny (virtual), and Jenna Skinner (virtual, joined at 3:04 p.m). 2. Approval of Agenda Board Member Lisa Mattis motioned to approve the agenda. Board Member Gregg Cooper seconded the motion. The motion passed unanimously by those present. 3. Disclosure of Any Conflicts of Interest Related to Agenda Items No conflicts of interest were disclosed. 4. Public Comment There was no public comment. 5. Business Items 5.1 DDA BOARD POSITIONS EXPIRING (Chief Finance Officer Paul Redmond) Paul Redmond discussed two expiring board positions. The positions are currently held by Lisa Mattis and Scott Tarbet. Paul discussed the procedures for applying for the two positions. 5.2 RESOLUTION 26-01 IGA BETWEEN TOWN OF AVON AND AVON DOWNTOWN DEVELOPMENT AUTHORITY (Town Manager Eric Heil) Town Manager Eric Heil presented the proposed Lot B development and related public amenities. The development includes 16 deed-restricted units and community space. He also reviewed the history of the Main Street concept, noting prior planning efforts in 2008 before the recession interrupted progress, and discussed the current proposal and background for the community space component. 1. The board asked whether the Town would own the community space. 2. The board asked about the estimated cost breakdown, including housing, community space, and outdoor amenities. 3. The board asked about the revenue side of the proposed investment and how funds would be handled before construction is complete. Paul Redmond reviewed valuation assumptions and expected tax revenue. Eric Heil discussed how future tax revenue could offset debt service on a loan from Alpine Bank. The board also raised concerns about the cost of debt and the operational responsibilities associated with the community space. Eric Heil acknowledged those concerns, described the project as a significant step forward, and said he was confident Town staff could manage the new space. 1. The board raised concerns about rental rates declining due to additional inventory at this location and other developments. 2. The board asked what was included in the commercial space estimate and what level of finish was assumed. 3. The board asked about key project risks and the timing of this project related to the Sun Road Redevelopment. 4. The board asked whether the 16 housing units could be sold rather than rented and expressed concerns about a rental-only structure rather than potential ownership opportunities. 5. The board asked whether other financing options could be explored and whether the Finance Committee should review alternatives. 6. The board also discussed rental housing, AMI levels, and whether the 100% AMI target is negotiable. 7. The board asked for confirmation regarding the effect of the proposed motion. Eric Heil responded that ownership of this property was not an option because the developer is not interested. He also referenced other future ownership opportunities, including Sun Road, 91 Beaver Creek Place, and new Village at Avon units. Eric Heil explained the 100% AMI target is already down from the original 120% and that lowering it further would increase project cost. Eric Heil explained that the action would allow the DDA to pledge TIF revenue from this project toward debt service. DDA Board Chair Emrick then made a motion to approve Resolution 26-01 adopting the intergovernmental agreement between the Town of Avon and the Avon Downtown Development Authority, concerning the remittance of tax increment revenues until 2054. Gregg Cooper seconded the motion. The motion passed 7 to 1 with Rob Tarte voting no. 5.3 PRESENTATION: VAA Phase 1 and 2 Revenue Projections (Chief Finance Officer Paul Redmond) Paul Redmond presented revenue projections for VAA Phases 1 and 2 and discussed the different parcels and their expected revenue impacts for the Town and VAA. During this discussion, Board Member Rob Tartre left the meeting at 4:22 p.m. The board suggested doing an aggressive/average/conservative revenue projection for each project. No action was taken as this was a presentation. 5.4 PRESENTATION: Transit-Oriented Neighborhood Pilot Program Update (Town Manager Eric Heil) Eric Heil provided an update on the Transit-Oriented Neighborhood Pilot Program and the related legislation. He explained that the Department of Local Affairs (DOLA) would identify rural communities eligible for these funds in 2027. The board asked about the potential for Eagle County investment in the Sun Road transit center, and Eric Heil discussed the expenses and operational challenges already facing Core Transit. Board Member Marcus Lindholm left the meeting at 4:44 p.m. 6. Minutes Board Chair Tony Emrick motioned to approve the minutes from the last meeting. Board Member Lisa Mattis seconded the motion. The motion passed unanimously with the members present. 7. Adjournment DDA Board Chair Emrick adjourned the meeting at 4:51 p.m. Respectfully submitted by: Chase Simmons Financial Analyst 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. [970-748-4037] [edennis@avon.org] TO: Honorable Mayor Underwood and Council members FROM: Emily Dennis, Special Events Coordinator RE: Town Clean Up Week & Sustainability Fair DATE: June 2, 2026 SUMMARY: This report provides a brief recap of the Town’s annual Town Clean Up Week and Sustainability Fair. The purpose of this report is to inform the Council of the outcomes, achievements, and impact of the Town Clean Up Week and Sustainability Fair events. This is submitted as a written report and no action by Council is required. BACKGROUND: Town Clean Up Week and Sustainability Fair were combined as a single community event from 2023 to 2025. In 2025, approximately 200 guests attended the Sustainability Fair but only six registered volunteers participated in the Town Clean Up portion. Per Council direction, the 2026 Town Clean Up was separated from the Sustainability Fair to create a more accessible, participation-focused format to increase volunteer engagement across the community. OVERVIEW: Town Clean Up Week was held from Sunday, May 10 through Saturday, May 16, 2026, followed by the Sustainability Fair on Saturday, May 16. Separating the events allowed Town Clean Up to function as a flexible, weeklong initiative while maintaining the Sustainability Fair as a centralized community celebration and educational opportunity for volunteers and guests. This approach of hosting Town Clean Up Week as a separate event leading up to the Sustainability Fair resulted in 31 registered volunteers, a significant increase from six participants in 2025. Additional residents participated informally outside of registration, further demonstrating expanded community engagement. The Sustainability Fair featured 22 exhibitor booths, including local sustainability organizations, the Electric Social, and Town of Avon program booths and had approximately 295 attendees. Programming included sustainability education and demonstrations, live music by local musician Al Maul, and free food and beverage options from Ein Prosit and Mountain Minis, which created an engaging and family-friendly environment. In partnership with Walking Mountains, the Town incorporated the Electric Social into the event, providing guests with the opportunity to explore a range of electric vehicles and learn how electric transportation can fit into everyday life. This partnership expanded the event’s reach and attracted a broader audience from across Avon and Eagle County. The Sustainability Fair also offered hard-to-recycle drop-off services for Avon residents and property owners. The event collected 4,760 pounds of electronic waste, 1,350 pounds of paper from shredded documents, and 13 categories of household hazardous waste collected including 285 batteries, 1,150 aerosol/flammable liquid containers, 40 mercury-containing lightbulbs, and 110 inorganic fertilizer containers. Additional residential services included curbside pick-up and disposal of large household items and yard waste at no cost, further supporting participation and community impact. Public Works and event staff coordinated the site setup and improved traffic flow for this year’s event. As the event continues to grow, more space would be ideal to allow for additional electric vehicles and exhibitor spaces. Feedback from volunteers, event attendees, CASE Committee members and Town staff indicated that this flexible format improved accessibility and participation and was well received by the Avon community. Thank you, Emily 970.748.4013 idejong@avon.org TO: Honorable Mayor Underwood and Council members FROM: Ineke de Jong, Chief Administrative Officer RE: State Primary Elections Update DATE: May 26, 2026 SUMMARY: This Report provides an update on the State Primary Elections, provided by Eagle County Clerk & Recorder Becky Close. The information is enclosed in Attachment A. Becky Close will be present during the public comment portion of the June 9 meeting and is available to answer Council questions. This is submitted as a written report and no action by Council is requested. Thank you, Ineke ATTACHMENT A: Eagle County Press Release “Clerk and Recorder announces new central election hub and key dates for June 30 primary” Page 2 of 3 ATTACHMENT A Clerk and Recorder announces new central election hub and key dates for June 30 primary May 14, 2026 - Eagle County Clerk and Recorder Becky Close today announced essential information regarding the upcoming State Primary Election on Tuesday, June 30, 2026, including a major change to central election operations and key deadlines for voters. Primary elections are a vital part of our democratic process, and they are unique because your party affiliation determines which ballot you will receive in the mail. New Central Election Operations Eagle County's central election operations have moved to the new Eagle County Commons Government Services Building in Edwards. This purpose-built facility now serves as our primary hub. The Eagle County Commons location replaces the previous Avon vote center. There will no longer be a vote center in the Town of Avon municipal building. A 24-hour drop box will continue to be available at the Town of Avon municipal building. Understanding Your Primary Ballot In Colorado, your party affiliation dictates which ballot you receive: • Major Party Voters: Registered Democrats and Republicans will receive your respective party's ballot only. • Unaffiliated Voters: You will receive both major party ballots. You may only vote and return one ballot. If you return both, neither will be counted. • Minor Party Voters: You will receive a ballot only if your party is holding a primary election. For 2026, the Libertarian and Unity party ballots will contain only one contest each. Voters affiliated with the American Constitution, Approval Voting, Center, Forward, Green, and No Labels parties will not be mailed a ballot, as those minor parties are not participating in the Primary Election. • Unaffiliated voters may contact the County Clerk to request a Unity Party ballot. Party Affiliation Deadline: June 8 Colorado does not have a voter registration deadline, but June 8 is the deadline for voters who are already affiliated with a party to change or withdraw their affiliation if they wish to vote in a different party's primary election. Voters can change their party affiliation by updating their voter registration at www.GoVoteColorado.gov, select “Find my Registration,” and select “Edit” to change party affiliation. Page 3 of 3 Sample Ballots Sample (composite) ballots, including all districts and races for Eagle County, are available in English and Spanish on the Clerk's website. Voters will receive the ballot style containing only those districts and races specific to their residential address. 2026 Election Calendar and Deadlines • June 8: Ballots mailed to all active registered voters. Also the deadline for affiliated voters to change or withdraw their party affiliation in order to vote in a different party's primary. • June 22: Last recommended day to return your ballot via USPS (postage: $0.78 or one Forever stamp). Last day to register or update your registration to receive a replacement ballot by mail. • June 22: Vote centers open in Eagle, Edwards, and El Jebel. • June 25: Vote center opens in Vail. • June 30 — Election Day: All vote centers are open 7 a.m. – 7 p.m. Ballots must be received by 7 p.m. to be counted; postmarks do not count. In-Person Vote Center Locations • Eagle: Eagle County Building, 500 Broadway • Edwards (New Hub): Eagle County Commons, 410 Miller Ranch Road • El Jebel: Eagle County Community Center, 20 Eagle County Drive • Vail: Vail Grand View Room (Lionshead Structure), 395 S. Frontage Road Services Available at Vote Centers • Voter registration (up to and including Election Day, June 30, 2026) • Ballot drop-off boxes • Accessible voting • In-person voting (English or Spanish) • Replacement ballots Voters who change their registration after June 22 must visit a Vote Center to obtain a ballot. Serve Your Community: Become an Election Judge Eagle County is currently hiring Election Judges to assist with signature verification, ballot processing, and voter assistance. This is a paid, non-partisan position that offers a unique opportunity to see the integrity of our election process firsthand. Training is provided, and assignments range from a few days to two weeks. Sign up here. Confirm Your Registration To ensure you receive the correct ballot, please confirm your registration, residential address, and mailing address at GoVoteColorado.gov. For more information on the Eagle County election process, visit www.eaglecounty.us/vote. Becky Close | Clerk and Recorder | 970-328-8715 | elections@eaglecounty.us 970-748-4058 ltapia@avon.org TO: Honorable Mayor Underwood and Council members FROM: Luis Tapia RE: Public Works Garage Utility Usage Report DATE: June 4, 2026 SUMMARY: This Report provides an update on the year-to-date electrical usage for the all-electric Public Works garage and performance impact of photovoltaic and battery system. Monthly electrical costs reflect a season trend, with peak costs occurring during winter months due to increased electric heating loads and demand charges. Conversely, spring months demonstrate strong solar and battery performance, with generation levels beginning to exceed building demand. The building is currently operating as a net energy exporter and is expected to continue exporting surplus energy during peak solar production periods. No Council action or direction is requested, this report is simply an informative update. BACKGROUND: The Public Works Garage operates as an all-electric facility, with electricity serving as the sole energy source for building operations, including heating, maintenance activities, lighting and equipment usage. Building consists of 24.3 kW with two battery systems. Utility data covers billing periods from September 2025 through May 2026 and includes consumption in kilowatt hours (KWh), costs, and fixed utility charges. The building is set as net-metering which credits any excess electricity that is sent back to the grid. ANALYSIS: Total electric costs year to date is $14,847.02 with usage of 104,805.76 kWh and solar production of 8,386.06kWh and battery usage of 1,385kWh. As summer is picking up solar production is increasing and May is forecasted to be the first month in which we are exporting more energy than the building is consuming. There are opportunities to improve battery usage by understanding peak loads and timing energy discharging during those times. Billing Period Total Bill Usage Cost Additional Charges Energy Usage (kWh) Solar Generation (kWh) October 2025 $2,242.81 $1,098.24 $1,144.57 14,245.76 November 2025 $2,595.57 $1,297.92 $1,297.65 16,640.00 591.73 December 2025 $2,349.03 $1,422.72 $926.31 18,240.00 960.66 January 2026 $2,883.15 $1,983.52 $899.63 24,640.00 875.38 February 2026 $2,211.20 $1,403.92 $807.28 17,440 1,221.55 March 2026 $1,391.99 $611.54 $780.45 7,360.00 2,520.21 April 2026 $1,173.27 $502.32 $670.95 6,240.00 2,216.53 TOWN MANAGER COMMENT: The initial electric utility numbers are outstanding and far exceed our most optimistic expectations. Granted, we did have an overly mild winter that was much too sunny. The annual electric cost estimate was $37,500 when Council considered and approved an all-electric building. We are currently under $15,000 and expecting to sell back to Holy Cross for the next five months!!! Thank you, Luis