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TC Minutes 06-09-2026AVON REGULAR MEETING MINUTES , TUESDAY JUNE 9, 2026 ,nv o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORAD 0 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 June 9, 2026, to order at 5:13 p.m. At roll call, Councilors present in person were Chico Thuon, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Mayor Pro Tern Richard Carroll, and Mayor Tamra N. Underwood. Councilor Gary Brooks 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, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, IT Administrator Andrew Bare, and Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:13:40 Mayor Underwood opened consideration of the agenda, and during discussion requested that Business Items 6.3 and 6.4 be removed to allow for additional work. Mayor Pro Tern Carroll then moved to approve the agenda as amended, which was seconded by Councilor Hardy and passed unanimously, 6-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:14:45 Mayor Underwood asked whether there were any conflicts of interest related to agenda items, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:14:55 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. Justin Chesney, an Avon resident and Westin Riverfront employee, addressed Council in person and expressed appreciation for the Town's support of Mountain Pride's Pride in the Park celebration during Pride Month in June, which celebrates the culture, history, and civil rights achievements of the LGBTQ+ community. He noted that the Pride in the Park event is scheduled for Saturday, June 13, 2026, from 12:00 p.m. to 7:00 p.m. at Harry A. Nottingham Park and referenced a Pride Month proclamation issued by Eagle County. He also recognized the Westin Riverfront's commitment to hosting and supporting related Pride events. Tim McMahon, an Avon resident, addressed Council and questioned the Town's approach to water usage for Town -owned elements, expressing concern regarding potential circumvention of existing water restrictions and whether such practices demonstrated leadership by example. He noted that the Town of Vail is no longer washing its buses and requested that the Town of Avon consider a similar approach. He also provided information that Eagle County Paramedics offers free Narcan kits in Edwards, noting that availability may vary based on stock. AVON REGULAR MEETING MINUTES TUESDAY .TUNE 9, 2026 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Chris Miller, an Edwards resident, addressed Council and expressed concern regarding changing weather patterns, severe drought conditions, and fire danger, and spoke in opposition to the use of fireworks. She referenced a prior fireworks -related incident at the park in 2015 and noted that fireworks have caused fires and that embers can travel significant distances from the launch area, creating ongoing risks and impacts on local fire service personnel. She further emphasized the potential negative impacts on wildlife during a drought -sensitive seasonal period. She stated that drone light shows are a safer alternative and requested that the Town adopt a permanent policy banning fireworks in Avon. Andie Noakes, an Eagle resident and candidate for Eagle County Assessor, addressed Council and presented his candidacy. Becky Close, an Eagle resident and candidate for Eagle County Clerk and Recorder, addressed Council and presented her candidacy. No additional public comment was received at that time, either in person or virtually. 5. CONSENT AGENDA Video Start Time: 00:29:30 Mayor Underwood introduced the Consent Agenda, which included: 5.1. ACTION: Approval of May 26, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. ACTION: Approval of Amendment to the Town Manager Employment Agreement (Mayor Tamra N. Underwood) Councilor Thuon moved to approve the Consent Agenda, as presented. Councilor Stanley seconded the motion. The motion passed unanimously, 6-0. 6. BUSINESS ITEMS 6.1. PRESENTATION: Speak Up Reach Out (SURD Program and Events Director Laura Alvarez) Video Start Time: 00:30:00 SURO Program and Events Director Laura Alvarez delivered a presentation related to Speak Up Reach Out activities in the Valley. She introduced SpeakUp ReachOut, a community -based initiative focused on reducing suicide in Eagle County through education, awareness, and connection. She stated it emphasizes that open conversations about suicide can promote healing and reduce stigma, while presenting local data showing suicide trends and highlighting that rates in Eagle County are higher than the national average, particularly among middle-aged men and certain occupations. The presentation also noted encouraging trends from youth surveys, indicating declines in self -harm, depression, and suicidal ideation among students. The presentation outlined a comprehensive prevention framework centered on partnerships, training, and community engagement, including peer support groups, school programs, professional training, and public events. It stressed the importance of compassionate, person -first language and practical prevention strategies such as increasing access to mental health resources and reducing access to lethal means, including firearm safety measures. AVON REGULAR MEETING MINUTES A TUESDAY JUNE 9, 2026 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L o R n D o She underscored that community involvement, education, and accessible support services are key to preventing suicide and promoting mental well-being. Mayor Underwood highlighted the positive news that suicides statistics are down in our community. As this was a presentation to Council, no public comment was received. 6.2. ACTION: Development Plan Extension - Lot 3 (Mountain Vista) (Community Development Director Matt Pielsticker) Video Start Time: 00:41:25 Community Development Director Matt Pielsticker delivered a presentation related to the Development Plan Extension - Lot 3 (Mountain Vista). The presentation outlined the status and proposed extension of the Lot 3 Mountain Vista development project in Avon's Town Core. It summarized the project timeline, including Council approval of the major development plan in 2023, execution of the development agreement in 2024, and subsequent minor plan updates and permit submission in 2025. Council previously approved a short extension in March 2026, and the current request sought additional time before the existing approvals expire. The presentation also highlighted key modifications from the original approval, including a shift from a 158-room hotel to a 111-unit condo -hotel with short-term rentals, slight adjustments to parking, building coverage, landscaping, and architectural elements, while maintaining height limits. Director Pielsticker concluded by presenting options for Council consideration and recommending approval of a one-year extension through June 27, 2027, to allow the project to proceed under the updated plan. Brian Smith, Director of Development for Copford Capital Management, and Mike Warren, its General Counsel, presented a request to extend the Lot 3 Mountain Vista development agreement by 12 months due to delays caused by contractor availability, repricing, and permitting challenges. They reviewed the project's background and prior approvals, noting the evolution from an original hotel concept to a mixed hotel/condo development with upgraded design, amenities, and branding, and provided updates on ongoing progress, including near -complete permitting and coordination with project partners. They explained that additional time is needed to complete contractor reselection, finalize project pricing, secure financing, and commence construction, and formally requested an extension to June 27, 2027 to allow the project to proceed while addressing issues with the originally selected contractor, including identified inconsistencies and necessary repricing of the plans. Mayor Pro Tern Carroll asked why the project shifted from a hotel -only model to a hotel/condo mix, and the applicant explained that the revised approach allows the developer to retain additional units while reducing overall capitalization requirements for the project. He also asked about the use of stacked parking at the site, and the applicant stated that valet parking will be mandatory, while adding the project exceeds minimum parking requirements, and stacked parking would not be utilized by valet operators unless the lot reaches full capacity. He further inquired whether the developer was confident in selecting a contractor in the next 12 months, and the applicant responded that they are confident in doing so, while noting that the contractor will ultimately drive the construction start timeline. AVON REGULAR MEETING MINUTES TUESDAY JUNE 9, 2026 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Underwood asked whether a building permit had been issued, and the applicant responded that it had not yet been pulled but was near completion, noting that most outstanding items relate to contractor logistics rather than design. She also inquired why representatives from Stonebridge LLC were not present, and Mike Warren explained that this was due to a corporate reorganization and did not reflect any change in ownership. She expressed enthusiasm for the project's interest in utilizing the Town's heat recovery system and asked Director Pielsticker to assist with the energy offset program related to snowmelt, noting that the program remains under development and details are still to be determined. She further inquired about the smaller connection behind Avon Town Hall and asked about that feature, which was addressed by Planning Manager Jena Skinner. Mayor Underwood opened the floor to public comment. No public comment was received at that time, either in person or virtually. Mayor Pro Tern Carroll thanked the presenters and wished them success in replacing the contractor, and Councilors Thuon, Hardy, Stanley, and Hyatt likewise expressed appreciation for the presentation, including the proposed use of the Town's heat recovery system, and offered their support, with Council collectively indicating consensus in favor of the requested extension. Mayor Underwood also thanked the applicants, expressed support for the proposed active restaurant and bar as a contributor to area vibrancy, and raised concerns regarding parking availability, noting the need for the Town to accelerate development of additional parking given this project and the upcoming Summit development. Following deliberation, Councilor Stanley moved to approve the extension of the Lot 3 Mountain Vista for one year, to June 27, 2027. Councilor Hardy seconded the motion. The motion passed unanimously, 6-0. 6.5. ORDINANCE 26-09, First Reading Code Text Amendment for RETT Exemptions (Financial Analyst Chase Simmons) Video Start Time: 01:13:45 Financial Analyst Chase Simmons introduced the topic of Ordinance 26-09: First Reading Code Text Amendment for RETT Exemptions, indicating the proposed Ordinance presents amendments to the Town of Avon's Real Estate Transfer Tax (RETT) primary residence exemption application process, primarily to streamline administration and align with recent Council precedent. He indicated currently, applications must be filed within four months of property transfer, with late submissions requiring Council review; however, staff notes that Council has recently approved applications up to one year after transfer. He added the proposed ordinance extends the application deadline from four to twelve months and removes the "good cause" exception, thereby simplifying the process and reducing administrative burden on both staff and Council and emphasized that the proposed changes are AVON REGULAR MEETING MINUTES W TUESDAY JUNE 9, 2026 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO procedural in nature with no financial impact, while promoting efficiency and consistency within the Municipal Code. Mayor Underwood opened the floor to public comment, and no comments were received either in person or virtually. Councilor Thuon then moved to approve first reading of Ordinance 26-09, amending Chapter 3.12.070 regarding Real Property Transfer Tax exemption applications and appeals, with second reading scheduled for July 28, 2026, which was seconded by Councilor Stanley. The motion passed unanimously, 6-0. 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) Video Start Time: 01:18:15 Town Manager Eric Heil introduced a work session on private parking regulations with Town Attorney Nina Williams, explaining that it was prompted by recent complaints involving multiple commercial properties, particularly concerns about fines being issued by mail without notice at the time of violation. He noted that this practice reflects negatively on the Town of Avon and that, while the full extent of reputational impact is difficult to quantify, it remains a significant concern. Mayor Underwood expressed concern regarding private parking enforcement practices, noting that property owners had previously agreed to provide free parking in good faith, yet current practices, particularly delayed ticketing issued weeks or months after the violation, have negatively impacted tenants and visitors. She questioned whether the proposed regulation referencing a "minimum time frame" should instead be a maximum time frame, which Town Manager Heil clarified was the intent, and emphasized her preference for violations to be addressed in real time rather than through delayed enforcement, She wondered if this is a tortious interference. Councilor Stanley asked whether the Town could regulate limits on excessive parking penalties, and Town Attorney Nina Williams indicated that the proposed ordinance could address this through business licensing requirements by establishing a maximum allowable fine and signage. She asked if the system is automated, and was advised it is by Town Manager Heil. Councilor Hyatt asked whether the Town could require that citations be postmarked rather than sent within five days of the violation, citing concerns with postal reliability, and Town Manager Heil confirmed that this could be explored. Mayor Underwood expressed concern that automated or remote enforcement systems may be perceived as predatory, noting that members of the public may not understand they are entering into a private parking agreement when using what appears to be free parking, which can result in delayed $30 penalties, and stated her preference for on -site enforcement through ticket kiosks or personnel. Councilor Hardy also raised concerns regarding the collection and potential misuse of personal data required for parking registration. AVON REGULAR MEETING MINUTES TUESDAY JUNE 9, 2026 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Underwood opened the floor to public comment. Brian Nolan, a local business owner and restauranteur, addressed Council virtually and expressed strong concerns regarding private parking enforcement, describing the current system as reflecting "the worst hospitality" the Town can offer. He stated that the number of complaints heard by the Town likely represents only a fraction of those affected, emphasized that the system is not working, and urged the Town to take action to correct the issue. No additional public comment was received at that time, either in person or virtually, Mayor Pro Tern Carroll thanked staff for promptly addressing the issue and summarized the history of ongoing concerns with private parking enforcement, expressing frustration with the lack of follow- through from property managers and the negative impacts on tenants and businesses. He characterized the requirement to register or be fined for "free" parking as misleading, stating that free parking should not require registration, and described the practice as, at a minimum, deceptive and akin to a scam. Councilor Stanley stated she is disappointed there is not more public participation on this topic. Using mayoral discretion, Michelle Geringer, a Director of Property Management with Hoffman Properties, provided public comment virtually after the close of the public comment period, noting she participates in meetings when notified and had only learned of this work session the previous day. She stated she was present primarily to listen and did not offer a definitive position but explained that continued parking registration requirements are intended to maintain consistent user behavior between winter and summer seasons, and expressed a willingness to work collaboratively with Town Manager Heil to identify solutions. Mayor Pro Tern Carroll thanked her for participating and asked whether she would be the appropriate point of contact for ongoing coordination, which she confirmed, noting she is involved along with "5 Star" (Five Star Valet) and "PRRS" (Parking Revenue Recovery Services) which operate the private parking and enforcement systems for Hoffmann Commercial Real Estate in Avon; he also expressed concern based on prior experiences and inquired about follow-up, to which she indicated that Town Manager Heil has her contact information. No additional public comment was received. As this was a work session, staff received feedback to continue their work as directed. 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) Video Start Time: 01:48:35 Town Manager Eric Heil delivered a presentation related to 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. He introduced Ordinance 26-04, which established new regulations under Avon Municipal Code Chapter 5.14 governing private parking lots in response to concerns about signage, transparency, and enforcement practices. The presentation illustrated existing conditions at locations such as Hoffman Properties and Avon Town Square, highlighting inconsistent signage, registration requirements, and user confusion, and emphasized the need for clearer standards. A key provision of the ordinance proposed that the maximum total AVON REGULAR MEETING MINUTES , TUESDAY JUNE 9, 2026 ,ov O n HYBRID MEETING; IN -PERSON AT AvON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO rate, fee, or penalty for a single visit be clearly posted in a visible and numerical format, regardless of how the charge is labeled, to ensure transparency for users. The presentation concluded with a proposed motion to approve the ordinance on first and final reading as necessary to protect public health and safety. Mayor Underwood asked how many iterations of the ordinance had been brought forward for Council consideration, and Town Clerk Jauregui Casanueva identified prior versions presented on December 9 and December 30, 2025, and January 9, April 7, 2026, and this evening, with Town Manager Heil adding that the ordinance and underlying issues are not new. Councilor Stanley asked about the timeline for the ordinance to take effect, and Town Manager Heil explained that the standard effective date is 30 days after adoption, allowing sufficient time for property owners to update signage to comply with the ordinance. Mayor Underwood also asked when Community Development would provide guidance for compliant signage, and Town Manager Heil indicated that the policies would be distributed directly to private parking operators and posted on the Town's website. Mayor Underwood opened the public hearing to public comment, and Michelle Geringer, a property manager with Hoffman Properties, provided comment virtually, stating that they had previously requested additional time and an extension prior to adoption of the ordinance in order to review and provide feedback on the proposed regulations. She noted the presence of multiple past iterations of signage standards and requested clearer direction, indicating that there had not appeared to be consistent Council consensus historically. Mayor Underwood responded that additional clarity would be provided following Council discussion, and no further public comment was received at that time, either in person or virtually. Town Attorney Nina Williams noted that a prior version of the ordinance had last been discussed in April and was placed on hold until August based on a good faith understanding that enforcement would be discontinued, while Town Manager Heil advised that staff would provide private parking operators with draft signage standards by the end of the week to facilitate compliance. He further emphasized that a primary focus of the ordinance is to establish a maximum timeframe for issuing citations by mail, addressing concerns about delayed enforcement, which has been identified as a key issue negatively affecting businesses and visitors. Mayor Underwood clarified that the primary concern raised in complaints relates to what she described as deceptive and misleading enforcement practices, particularly the imposition of fines for failure to register, She noted that while base penalties may be approximately $30, additional charges can increase totals significantly, and emphasized that the issue is not the ability to charge for parking after a certain period, but rather the perception of predatory practices that are negatively impacting visitors, businesses, and the Town's reputation. Mayor Underwood read into the record a couple of corrections to the proposed ordinance, directing Town Attorney Nina Williams to incorporate the revisions into the final adopted version, including AVON REGULAR MEETING MINUTES TUESDAYJUNE 9, 2026 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO clarifying language in Section 5.14.060(c) to end with ", officers and managers," and adding a second sentence to Section 5.14.080(b)(6) as follows: "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." Councilor Thuon stated that the issue has negatively impacted the Town's image, while Councilor Hyatt noted that paid parking systems were originally implemented to prevent skier parking from displacing customers at local businesses, but expressed concern that the current practices have gone too far and are no longer serving their intended purpose. Following deliberation, Mayor Pro Tern Carroll moved to approve 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, including the following clarifying language in Section 5.14.060(c) to end with ", officers and managers," and adding a second sentence to Section 5.14.080(b)(6) as follows: "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.". Councilor Stanley seconded the motion. The motion passed unanimously, 6-0. 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) 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 Video Start Time: 02:17:55 Mayor Pro Tern Carroll thanked Becky Close for her update, noting it was helpful, and thanked Public Works Director Mike Jackson for Item 7.5. He requested that staff continue to monitor the program as the Town approaches the next winter season and encouraged promotion of its success, particularly highlighting the reduction in utility costs at the Public Works garage. Mayor Pro Tern Carroll noted that the CORE Transit meeting would take place the following day and shared that he attended a recent Mayors and Managers meeting on behalf of Mayor Underwood. He reported that discussions included emergency preparedness and highlighted a regional reduction in water usage attributable to Eagle River Water & Sanitation District, including decreases in higher -tier usage levels, and commended staff for their efforts in promoting conservation. Mayor Underwood requested an update on the Town's use of fescue hybrid grass, noting its reduced water demands and asking about the initial establishment period and whether it had been completed. Public Works Director Mike Jackson responded that newly installed turf required irrigation for approximately two to three weeks during the establishment phase, and that irrigation has since been reduced to once per week across most landscaped areas, with more frequent watering maintained only in high -traffic areas AVON REGULAR MEETING MINUTES TUESDAY JUNE 9, 2026 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO such as the upper and lower fields and the park. Councilor Hardy noted that flows at the headwaters of the Colorado River were significantly below typical peak levels, dropping from approximately 2,000 cubic feet per second to 200 cubic feet per second, and expressed concern about the resulting environmental impacts, including algae blooms and stress on fish populations during the summer months. She also announced that Pride in the Park would be held in Avon on June 13, highlighted planned activities, and shared her support for the LGBTQ+ community, including for immigrants, reading a prepared statement into the record and expressing pride in the Town's commitment to inclusion before closing her remarks by wishing everyone a happy Pride. Councilor Stanley invited the public to attend AvonLIVE! and SunsetLIVE!, noting that AvonLIVE! takes place weekly on Wednesday evenings through August, and SunsetLlVE! occurs every Sunday through September. Mayor Underwood invited the public to attend the EagleBend Pocket Park ribbon cutting ceremony, scheduled for Tuesday, June 16, 2026, at 5:30 p.m. at the park site. 9. EXECUTIVE SESSION Video Start Time: 02:34:15 Mayor Underwood requested a motion from her fellow councilors to proceed into Executive Session. Mayor Pro Tern Carroll motioned to retire into 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). Councilor Stanley seconded the motion. The motion carried unanimously, 6-0. Councilor Brooks was absent. The time was 07:35 p.m. The Executive Session commenced at 07:44 p.m. At the roll call, all members of Council were present as indicated above with Councilor Hardy joining one minute later at 07:45 p.m. 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 adjourned at 07:54 p.m. 10. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 07:54 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.hiphflvemedia.org. [SIGNATURE PAGE FOLLOWS] AVON REGULAR MEETING MINUTES TUESDAY JUNE 9, 2026 . v O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO RESPECTFULLY SUBMITTED: APPROVED: Mayor Underwood �+ Miguel Jauregui Casoue�ba, Town Clerk 10