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TC Minutes 09-08-2026AVON REGULAR MEETING MINUTES 14. TUESDAY SEPTEMBER 08, 2026 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL The meeting was held in a hybrid format, with attendance both in person at Avon Town Hall and virtually via Zoom. Mayor Tamra N. Underwood called the Regular Meeting of the Avon Town Council to order at 5:00 p.m. on September 8, 2026. Present in person were Councilors Chico Thuon, Ruth Stanley, Gary Brooks, Kevin Hyatt, Mayor Pro Tern Richard Carroll, and Mayor Underwood. Councilor Lindsay Hardy participated virtually via Zoom. 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; Chief Financial Officer Paul Redmond; Financial Analyst Chase Simmons; Senior Planner Jena Skinner; Planning Manager Patti Liermann; Chief Cultural Officer Danita Dempsey; CASE Senior Coordinator Chelsea Van Winkle; Special Events Coordinator Emily Dennis; Recreation Aquatics Superintendent Kacy Carmichael; IT Administrator Andrew Bare; and Deputy Police Chief Coby Cosper. 2. APPROVAL OF AGENDA Video Start Time: 00:00:40 Mayor Underwood opened consideration of the Agenda. No amendments were proposed. Councilor Stanley moved to approve the Agenda as presented, seconded by Councilor Hyatt. The motion passed unanimously, 7-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:15 Mayor Underwood asked whether any Council member had a conflict of interest related to any agenda item. No conflicts were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:25 Mayor Underwood explained the public comment process, including the available methods for providing comment and the time limits for speakers. Daniel Rolfe, an Avon resident, addressed Council regarding potential improvements to the Bob the Bridge area and encouraged consideration of a standing river wave feature as a recreational amenity for users of varying ages and abilities. Bob Aubry, an Eagle Vail resident, addressed Council in person regarding the potential redevelopment of the Avon Whitewater Park. Mr. Aubry expressed support for improvements to the Bob the Bridge area, stating that enhancements to the standing wave feature would expand recreational opportunities and benefit the Avon community. Matthew Quam, a Summit County resident, addressed Council in person in support of the previous public comments regarding improvements to the Bob the Bridge area and the Avon Whitewater Park. Mr. Quam expressed support for continued investment in those recreational amenities. AVON REGULAR MEETING MINUTES , ` TUESDAY SEPTEMBER 08, 2026 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Tim McMahon, an Avon resident, addressed Council in person regarding the Avon Whitewater Park and expressed support for potential improvements to the Park and Bob the Bridge area. Mr. McMahon also commented on the public comment process, expressing concern about the length of time before public comments are heard and Council's practice of responding to those comments during Mayor and Council Comment and Meeting Updates at the conclusion of meetings. He further expressed disagreement with comments made by Mayor Underwood regarding public comment on Flock cameras, describing those comments as disrespectful. Mr. McMahon also expressed opposition to the Town's use of Flock cameras and other automated license plate reader (ALPR) systems, questioned the replacement of a vandalized camera, and encouraged Council to consider community feedback regarding the program, including a petition that he stated had received more than 1,800 signatures. He concluded by requesting increased attention to restocking dog waste bag dispensers, particularly at Wildridge dog parks. Marrit Zoll, an Avon resident and local property manager, addressed Council in person regarding property management and code enforcement concerns at the Piedmont Apartments, Ms. Zoll characterized trash management conditions at the property as harmful to wildlife and displayed photographs of those conditions to Council. She stated that she had been working with the landlord and Avon Code Enforcement to address the concerns for approximately one month without adequate corrective action and referenced a recent bear -related incident in the area that she indicated resulted in the death of a bear. Ms. Zoll urged the Town to take additional action to address the reported concerns. Sara Bahr, an Avon resident, addressed Council in person regarding the Town's use of automated license plate reader (ALPR) cameras. Ms. Bahr stated that she opposed the program, expressed concerns regarding personal privacy, and urged the Town to remove the cameras and discontinue the program. Maria DeSimone, an Avon resident, addressed Council virtually regarding what she described as a pattern of decision -making by Town leadership that she believes is disconnected from community input. Ms. DeSimone discussed her prior involvement with a group of homeowners seeking resolution to concerns within their homeowners association and stated that she did not believe those efforts resulted in any meaningful outcome. She expressed similar concerns regarding the Town's use of ALPR cameras, which she characterized as a form of mass surveillance, referenced an active petition opposing the program, and expressed concern that public feedback had not resulted in substantive action. Ms. DeSimone urged Council to place much greater weight on community engagement and public input when making decisions, requested more transparency, accountability, and speedy responsiveness to community feedback, and called for the immediate discontinuation of the ALPR camera program. No additional public comment was received, either in person or virtually. Following public comment, Mayor Underwood asked Deputy Chief Coby Cosper to address wildlife -related concerns at Piedmont Apartments. Deputy Chief Cosper reported that the Avon Police Department had received 27 calls regarding trash issues at the property since August 1. He stated that the property is equipped with wildlife -resistant trash containers and that no bears had been euthanized, though officers documented the use of a non -lethal bear deterrent in one incident. Despite daily trash collection, trash enclosure gates and container lids are frequently left unsecured, creating ongoing wildlife concerns. He reported that officers are working with property management on potential solutions, including trash valet service, additional lighting, alternative containers with lighter lids, security cameras, and relocation of trash containers inside buildings. AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 08, 2026 Av O n HYBRID MEETING; IN -PERSON AT AvON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5. CONSENT AGENDA Video Start Time: 00:20:45 Mayor Underwood introduced the Consent Agenda, which included: 5.1. ACTION: Approval of August 25, 2026 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Councilor Thuon moved to approve the Consent Agenda, as presented. Councilor Brooks seconded the motion. The motion passed unanimously, 7-0. 6. BUSINESS ITEMS 6.1. PRESENTATION: FreeFall Bluegrass Festival: A Comprehensive Pre -Event Summary Including Ticket and Sponsorship Performance, Marketing Outcomes and Overall Event Success Metrics (FreeFall Event Producer Diane Moudy) Video Start Time: 00:21:30 FreeFall Event Producer Diane Moudy and Head of Marketing Cheyenne Richardson provided a pre - event update on the FreeFall Festival scheduled for October 9-11, 2026, at Nottingham Park. They reviewed the three-day event format, anticipated attendance of approximately 3,000 attendees per day, a lineup of 16 bands, ticket sales, sponsorship progress, lodging impacts, and regional marketing efforts. Presenters reported strong momentum through social media, email campaigns, print and digital advertising, and community partnerships, noting that sponsorship commitments had reached approximately 90% of festival goals and lodging bookings were slow but expected to increase as the event approaches. Council discussed additional opportunities to promote the Avon FreeFall Bluegrass Festival. Councilor Thuon requested that festival representatives return in two weeks with an additional promotional update. Mayor Underwood directed Chief Cultural Officer Danita Dempsey to coordinate promotional efforts with festival organizers and provide Council with an additional update before the event. The festival website, FreeFallBluegrassFest.com, was identified as the source for ticket purchases. No public comment was received, either in person or virtually. 6.2. PRESENTATION: Private Exterior Wildfire Mitigation and Suppression Systems (Eagle River Water & Sanitation District Government Affairs Supervisor Brian Thompson and Development Supervisor Micah Schuette) Video Start Time: 00:34:50 Eagle River Water & Sanitation District Government Affairs Supervisor Brian Thompson and Development Supervisor Micah Schuette presented an update on drought response efforts and proposed policies for private wildfire suppression systems. The presentation highlighted reduced water use in 2026, the growing use of private wildfire defense systems, and concerns regarding unregulated water demand, impacts on public water supplies, and cross -connection risks. District representatives explained a proposed policy requiring private systems to utilize independent water storage, prohibiting continuous connections to the District's distribution system, and requiring District approval for installations to protect fire flow capacity and water storage resources. AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 08, 2026 Av ® n HYBRID MEETING; IN -PERSON AT AvON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Council asked questions regarding the Eagle River Water & Sanitation District's role in reviewing and approving private wildfire suppression systems, including its authority over system installation and filling. Council also discussed the Town's potential role in regulating such systems and how a municipal regulatory framework could complement the District's proposed policy. No public comment was received, either in person or virtually. During Council discussion, Councilor Thuon expressed support for considering a moratorium while staff evaluated potential regulations related to private wildfire suppression systems. Town Manager Eric Heil stated that staff would further evaluate the issue and noted that a potential approach could prohibit direct connections to the potable water distribution system while allowing independent storage for fire suppression purposes. He explained that unrestricted connections could reduce water system capacity and the Town's ability to combat fires. Mr. Heil further noted that the Town had not received any proposals for systems connected to the potable water distribution system and did not consider the issue an immediate concern but indicated that staff could return with recommendations as early as November 2026 or during the first quarter of 2027. Council also discussed the timing and urgency of potential regulatory action. 6.3. ACTION: Employee Housing Mitigation Plan Application HMP26-001 for a Commercial Storage Business Located at 710 Nottingham Road (Planning Manager Jena Skinner) Video Start Time: 01:03:00 Planning Manager Jena Skinner presented an Employee Housing Mitigation Plan for the proposed self -storage development at 710 Nottingham Road. Staff reviewed the site, applicable code requirements, and the applicant's request for approval of an alternative mitigation plan based on the facility's anticipated staffing needs. The applicant proposed two on -site deed -restricted studio employee housing units, exceeding the project's estimated workforce demand. Staff explained that the Municipal Code requires Town Council approval of employee housing mitigation plans prior to or concurrent with development review, recommended approval subject to a deed restriction agreement, and noted that a future code amendment may be warranted to clarify treatment of unique mitigation proposals. Robert Dinkelspiel, representing Goose Mountain Real Estate, LLC, addressed Council in person, and James Reivitis joined virtually to present the proposed Employee Housing Mitigation Plan for 710 Nottingham Road. Mr. Dinkelspiel provided an overview of the applicant's background and experience and described the proposed self -storage development and associated employee housing mitigation plan. During Council discussion, Council members asked questions regarding the proposed 500-square-foot studio units and how the rental rate restriction at 100% of Area Median Income was incorporated into the mitigation plan. Mayor Underwood opened the floor to public comment. No public comment was received, either in person or virtually. During Council discussion, Council members questioned whether the proposed 500-square-foot studio units were appropriately sized to meet future housing needs as part of the employee housing mitigation plan. AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 08, 2026 4v O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Councilor Hyatt stated that a 500-square-foot studio unit could be adequate with additional dedicated storage space. Mr. Reivitis indicated that the applicants would be willing to provide separate storage for each unit. Mayor Pro Tern Carroll stated that he would prefer to address the issue through a future amendment to the Employee Housing Mitigation provisions of the Avon Municipal Code rather than through the proposed application. Councilor Thuon asked how that approach could affect the project timeline and was advised that a code amendment would require Planning and Zoning Commission review and could delay the project by approximately three to four months. Council also discussed the timing of a potential code amendment and its relationship to the pending application. Councilor Brooks expressed support for the proposed mitigation plan and suggested that the project illustrated a circumstance where a cash -in -lieu option could be appropriate to support future employee housing development. He discussed broader policy considerations related to employee housing mitigation and questioned whether individual studio units within a self -storage development would provide the same community benefit as larger housing projects with additional amenities. Councilor Brooks stated that the applicants were attempting to meet the intent of the code and encouraged Council to further evaluate employee housing mitigation requirements, zoning considerations, and potential cash -in -lieu alternatives. During Council discussion, Town Manager Eric Heil suggested that the proposed studio units include 500 square feet of living space plus an additional 100 square feet of dedicated storage, either within the unit or provided separately. He further suggested that, if approved, Council direct staff to prepare amendments to the Employee Housing Mitigation provisions of the Avon Municipal Code to ensure that similar applications are evaluated consistently in the future. Following discussion, Councilor Brooks moved to approve the proposed Employee Housing Mitigation Plan for a mini -storage use at 710 Nottingham Road, subject to the condition that the proposed studio units include an additional 100 square feet of storage space, either incorporated into each unit or provided as separate dedicated storage. Councilor Thuon seconded the motion. The motion passed, 6-1, with Mayor Pro Tern Carroll voting nay. 6.4. PUBLIC HEARING: ORDINANCE 26.07, Second Reading: Avon Community Housing Plan Updates and PUBLIC HEARING: CPA26.001 Comprehensive Plan Amendment (Planning Manager Jena Skinner and Housing Planner Patti Liermann) Video Start Time: 01:37:30 Planning Manager Jena Skinner and Housing Planner Patti Liermann presented the proposed 2026 Avon Community Housing Plan and summarized revisions made following first reading of Ordinance 26-07. The updated plan reflects changes in housing conditions since adoption of the 2021 plan and includes policy recommendations related to employee housing mitigation, inclusionary housing, accessory dwelling units, short-term rentals, and preservation of existing community housing resources. AVON REGULAR MEETING MINUTES Avon TUESDAY SEPTEMBER 08, 2026 V 1 HYBRID MEETING; IN -PERSON AT AvON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Staff reviewed revisions recommended during first reading, highlighted implementation strategies and future housing initiatives, and noted the Planning and Zoning Commission's recommendation for approval. Staff further explained that the plan serves as a component of the Comprehensive Plan, providing long-term guidance for community housing policies, programs, and development initiatives. During Council questions, Mayor Pro Tern Carroll asked about Area Median Income (AMI) and the Colorado Housing and Finance Authority (CHFA). At his request, Planning Manager Jena Skinner and Housing Director Patti Liermann provided background on AMI and its role in determining housing affordability thresholds and administering income -based housing programs. Mayor Underwood opened the public hearing, noting that Council had received an email regarding the application. No additional public comment was received, either in person or virtually, and the public hearing was closed. During Council comment, Council members congratulated staff on their work preparing the 2026 Avon Community Housing Plan, Mayor Pro Tern Carroll stated that he would like additional discussion during the 2027 work plan process regarding potential options for the future of The Aspens. Councilor Stanley stated that, with respect to short-term rentals, she supported maintaining the current program structure and increasing the short-term rental tax from 4% to 6%, consistent with the Planning and Zoning Commission's recommendation. Following discussion, Councilor Thuon moved to approve Ordinance No. 26-07 on second reading. Councilor Hyatt seconded the motion. The motion passed unanimously, 7-0. 6.5. WORK SESSION: First Draft Capital Project Fund and Long -Range CIP (Town Manager Eric Heil, Chief Finance Officer Paul Redmond and Director of Engineering Eva Wilson) Video Start Time: 01:51:45 Town Manager Eric Heil, Chief Financial Officer Paul Redmond, and Director of Engineering Eva Wilson presented the preliminary 2027 Capital Improvement Projects Plan. Staff reviewed projected fund balances, debt obligations, Urban Renewal Authority contributions, completed and ongoing capital projects, and future capital priorities. The presentation included a recommendation to increase the Capital Improvement Fund reserve balance beginning in 2027, discussed anticipated debt service associated with current and future projects, and highlighted major projects underway, including the Pedestrian Mall Extension, Recreation Center Aquatics Renovation, Nottingham Reservoir Repairs, and Heat Recovery System Expansion. Staff also sought Council feedback regarding future priorities, project timing, and funding strategies. Mayor Pro Tern Carroll asked about the procurement schedules for the Pedestrian Mall Extension and Recreation Center Aquatics Renovation projects. Engineering Director Eva Wilson reported that the Pedestrian Mall Extension project had reached 100% design and was expected to be advertised for bids in November. She further stated that the aquatics project was proceeding on a separate schedule, with the Town finalizing a design contract and anticipated to receive a guaranteed maximum price by January, with construction expected to begin in April. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 08, 2026 Av O n HYBRID MEETING; IN -PERSON AT AvON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Underwood asked Mike Jackson to provide an update on the Nottingham Park gray water irrigation system design and associated cost estimates. Mayor Underwood then opened the floor to public comment. No public comment was received, either in person or virtually. During Council comment, Councilor Hyatt expressed support for advancing improvements to the Recreation Center aquatics facilities. Councilor Stanley agreed and questioned whether the Pedestrian Mall Extension project needed to proceed on the same timeline and whether the Town had sufficient staff resources to advance both projects simultaneously. Town Manager Eric Heil responded that both projects remained high priorities, noting that the aquatics project is primarily an interior renovation. He stated that staff intended to proceed with bidding both projects and acknowledged that the Civic Core area would likely experience significant construction activity over the coming years. Councilor Brooks asked whether Council would have an opportunity to review the final Pedestrian Mall Extension design and requested that the 100% design plans be provided to Council. During Council discussion, Mayor Underwood commented on the complexity of major infrastructure projects and the need to balance competing interests and community needs. She noted that such projects require significant deliberation and encouraged interested community members to consider serving on Town Council. Mayor Underwood referenced the recent extended power outage and requested that future Capital Improvement Plan analyses evaluate emergency preparedness measures at Swift Gulch, including generator capacity, diesel -powered pumping systems, and other resiliency measures to ensure readiness during emergency events. Councilor Brooks expressed support for including battery storage options as part of the Town's long-term resiliency and emergency preparedness planning. Mayor Underwood also referenced Engineering Director Eva Wilson's ditch assessment report and requested that a placeholder be included in future Capital Improvement Plan discussions to address recommendations resulting from the study. Staff advised that Phase I of the assessment involved identifying and documenting ditches and easements throughout the Town and had identified several crushed pipes within the system. Staff further reported that field investigations were ongoing to evaluate existing conditions and identify potential improvements. 7. WRITTEN REPORTS 7.1. Village at Avon Update on Permits & Construction (Director or Engineering Eva Wilson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:25:10 Councilor Brooks reported on his attendance at a meeting involving Aurora Water, Eagle River Water & Sanitation District representatives, Northwest Colorado Council of Governments (NWCCOG) representatives, and the Eagle River Coalition regarding regional water planning issues associated with the proposed Aurora Reservoir project. Councilor Brooks referenced discussion of the Eagle River Community Water Plan and concerns regarding proposed water diversions from the Homestake Drainage Basin. AVON REGULAR MEETING MINUTES �\ V,O TUESDAY SEPTEMBER 08, 2026 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Councilor Brooks stated that participants identified a need for additional information from Aurora Water regarding reservoir design and project impacts and noted concerns expressed by Eagle County staff regarding coordination among the various entities involved. Councilor Brooks further stated that the Eagle County Attorney indicated that, if concerns were not adequately addressed, Eagle County could evaluate the use of its 1041 regulatory authority in relation to the project. Councilor Brooks also announced the upcoming Eagle River Cleanup hosted by the Eagle River Coalition and encouraged community participation. Councilor Hardy stated that transmountain water diversions should be prohibited. Mayor Underwood reminded the public that Council would discuss the Town's ALPR camera program at its October 6, 2026, meeting and encouraged interested community members to attend and share their views. She stated that Council remained open to hearing public input on the issue. Mayor Underwood also recognized High Five Access Media for its live broadcast of the recent Battle Mountain High School and Vail Christian High School volleyball match. She noted that the broadcast would be rebroadcast on Channel 5 and available through High Five Access Media's online platforms and commented that the event represented a significant moment for both schools. Councilor Stanley reported that the SunsetLive and AvonLive concert series had concluded and reminded the public about the upcoming Community Picnic scheduled for the following Thursday at Nottingham Park. She also promoted the Avon FreeFall Bluegrass Festival, noting that one -day, two-day, three-day, and VIP tickets were available through the festival website. Councilor Stanley commented on Council's recent visit to The Lettuce Patch daycare facility and expressed appreciation for the efforts that brought the project to completion. She also acknowledged differing community viewpoints regarding the Town's ALPR camera program and stated that Council had been listening to public feedback. Councilor Stanley noted that she had received questions regarding whether the cameras could be temporarily deactivated before the October 6, 2026, Council discussion. Mayor Underwood and Town Manager Eric Heil advised that the matter would be addressed as part of that Agenda and that temporary deactivation was not being recommended at that time. In reference to Agenda Item 6.3, Mayor Pro Tern Carroll moved to direct staff to prepare a code text amendment addressing employee housing mitigation requirements for self -storage uses. Councilor Stanley seconded the motion. The motion passed unanimously, 7-0. Mayor Pro Tern Carroll also invited the public to attend the next Core Transit meeting on September 9, 2026, from 6:00 p.m. to 8:00 p.m., noting that it would serve as the organization's semiannual evening public meeting. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 08, 2026 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 9. EXECUTIVE SESSION Video Start Time: 02:38:15 Mayor Underwood requested a motion to enter Executive Session. Councilor Stanley moved to enter Executive Session for the purpose of: 9.1. leasing real estate pursuant to CRS 24-6-402(4)(a) and for the purpose of determining negotiating positions, developing strategy for negotiations, and instructing negotiators pursuant to CRS 24-6402(4)(e)(i) concerning the Avon Library (Town Manager Eric Heil). Councilor Thuon seconded the motion. The motion passed unanimously, 7-0. Mayor Underwood recessed the Regular Meeting at 7:39 p.m., and the Executive Session commenced at 7:47 p.m. All Council members were present as previously noted, with Councilor Hardy joining virtually at 7:52 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 8:42 p.m., and Council reconvened in open session. Mayor Underwood stated that no action was taken during Executive Session. The Regular Meeting resumed and was subsequently adjourned. 10. ADJOURN There being no further business to come before Council, Mayor Underwood adjourned the Regular Meeting at 8:43 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 through High Five Media at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Miguel Jauregui Ca§dn)(eva, Town Clerk APPROVED: Mayor Underwood