TC Packet 05-25-2021_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, May 25, 2021
MEETING BEGINS AT 5:10 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
!! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
AVON TOWN COUNCIL EXECUTIVE SESSION BEGINS AT 4:00 PM
Executive Session for the Purpose of a Personnel Matter Concerning Town Manager Annual Review
Pursuant to CRS §24-6-402(4)(F) (40 Minutes)
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 5:10
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 request an additional one (1)
minute, which may be approved by a majority of Council.
5.BUSINESS ITEMS
5.1. Invitation: Art Around Avon Walk June 11 (Culture, Arts & Special Events Manager Danita
Dempsey) (5 Minutes) 5:15
5.2. Presentation: SpeakUp ReachOut (Erin Evie, Executive Director) (15 Minutes) 5:20
5.3. Public Hearing: Second Reading of Ordinance 21-07: An Ordinance Providing for the
Adoption of a New Chapter 10.40, Off-Highway Vehicles (Chief of Police Greg Daly) (30
Minutes) 5:35
5.4. Presentation: Climate Action Plan Update (Kim Schlaepfer Climate Action Collaborative,
Project Manager) (30 Minutes) 6:05
5.5. Resolution 21-12 Supporting Healthy Rivers & Watersheds (Town Manager Eric Heil) (10
Minutes) 6:35
5.6. Resolution 21-13 Repealing Emergency Declaration (Town Attorney Paul Wisor) (15 Minutes)
6:45
5.7. Presentation: Overhaul of DiscoverAvon.org website (Communications Manager Elizabeth
Wood) (30 Minutes) 7:00
5.8. Extension Request for a Development Plan Approvals – Lot B Hotel / 130 W. Beaver Creek
Boulevard (Planning Director Matt Pielsticker) (30 Minutes) 7:30
5.9. Notice of Award for the Buck Creek Road Asphalt Overlay & Repairs (Project Engineer Jim
Horsley) (15 Minutes) 8:00
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
6. MINUTES
6.1. Approval of May 11, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5
Minutes) 8:15
7. WRITTEN REPORTS
7.1. Monthly Financials (Senior Accountant Joel McCracken)
7.2. Eagle County Regional Transportation Authority May 12, 2021 Meeting Minutes (Mayor Pro Tem
Amy Phillips)
7.3. May 18th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:20
9. ADJOURN 8:35
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 for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per
individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
FUTURE AGENDAS
June 8
o Work Session: Road 779
o Swearing in Police Officers
o Annual PD Awards and Presentation of Annual Police Dept Report
o Public Hearing and Resolution 21-XX Eaglebend Minor PUD amendment- Short term rentals
o First Reading of Ordinance 21-XX Model Traffic Code
o First Reading of Ordinance 21-XX Development Code Amendments
o First Reading of Ordinance 21-XX Housing Plan Amendments
JUNE 22
o Second Reading of Ordinance 21-XX Model Traffic Code
o Second Reading of Ordinance 21-XX Development Code Amendments
o Second Reading of Ordinance 21-XX Housing Plan Amendment
o First Reading Ordinance 21-05 Amending Avon Municipal Code to change the definition of a
reusable bag
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, MAY 25, 2021
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
!! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
1. CALL TO ORDER AND ROLL CALL 5:00
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 ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .]
5. SPECIAL EVENTS LIQUOR PERMIT 5:05
5.1. APPLICANT: VAIL VALLEY CHARITABLE FUND
EVENT: VAIL VALLEY BREW’AU IN AVON
DATE AND TIME: AUGUST 21, 2021 11:00 AM – 8:00 PM
LOCATION: NOTTINGHAM PARK & PAVILION 1 LAKE ST.
TYPE: SPECIAL EVENT PERMIT
MANAGER: BROOKE SKJONSBY
5.2. APPLICANT: EDUCATION FOUNDATION OF EAGLE COUNTY
EVENT: EVENING OF STARS
DATE AND TIME: JUNE 3, 2021 6:00 PM – 9:00 PM
LOCATION: NOTTINGHAM PARK & PAVILION 1 LAKE ST.
TYPE: SPECIAL EVENT PERMIT
MANAGER: WENDY RIMEL
6. APPROVAL OF THE MINUTES FROM JANUARY 12, 2021 MEETING (5 Minutes) 5:10
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
8. ADJOURNMENT 5:10
970-748-4001 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for Special Event Permit Application -
Vail Valley Brew’Au in Avon
DATE: May 18, 2021
SUMMARY: The Vail Valley Charitable Fund, as the Applicant, is applying for malt, vinous, spirituous liquor
permit to serve/sell beverages at the Vail Valley Brew’Au in Avon special event on August 21, 2021. CRS
12-48-102(2) states,
“A special event permit may be issued to any municipality owing arts facilities at which productions or
performances of an artistic or cultural nature are presented for use at such facilities, subject to the
provisions of this article.”
The Applicant has submitted the appropriate materials required by the State of Colorado Liquor
Enforcement Division and all materials are in order.
The 1 Lake Street premise has been posted with notice of the public hearing for this application. The event
manager will be present to answer question about the application. The Appli cant has adequate proof of
commercial liability insurance that meets the Town’s requirements and all other necessary permits. These
documents are on file in the Town Clerk’s office.
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. A nonprofit entity and the Town of Avon 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. CRS §44.5.106
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 Vail
Valley Brew’Au in Avon special event. A public hearing is required before final action is taken. Please note
that the Vail Valley Charitable Fund is acting as the Applicant for this application.
Applicant Name:
Event Name:
Event Date:
Location:
Event Manager:
Permit Type:
Vail Valley Charitable Fund
Vail Valley Brew’Au in Avon
August 21, 2021; 11:00 a.m. until 8:00 p.m.
1 Lake Street
Brooke Skjonsby
Special Event 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 Vail Valley Brew’Au in Avon special event on August 21, 2021.”
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 where liquor will be served
Attachment A
Attachment B
Attachment C
970-748-4001 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for Special Event Permit Application -
Evening of Stars
DATE: May 18, 2021
SUMMARY: The Education Foundation of Eagle County, as the Applicant, is applying for malt, vinous,
spirituous liquor permit to serve/sell beverages at the Evening of Stars special event on June 03, 2021.
CRS 12-48-102(2) states,
“A special event permit may be issued to any municipality owing arts facilities at which productions or
performances of an artistic or cultural nature are presented for use at such facilities, subject to the
provisions of this article.”
The Applicant has submitted the appropriate materials required by the State of Colorado Liqu or
Enforcement Division and all materials are in order.
The 1 Lake Street premise has been posted with notice of the public hearing for this application. The event
manager will be present to answer question about the application. The Applicant has adeq uate proof of
commercial liability insurance that meets the Town’s requirements and all other necessary permits. These
documents are on file in the Town Clerk’s office.
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. A nonprofit entity and the Town of Avon 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. CRS §44.5.106
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
Evening of Stars special event. A public hearing is required before final action is taken. Please note that
the Education Foundation of Eagle County is acting as the Applicant for this application.
Applicant Name:
Event Name:
Event Date:
Location:
Event Manager:
Permit Type:
Education Foundation of Eagle County
Evening of Stars
June 03, 2021; 6:00 p.m. until 9:00 p.m.
1 Lake Street
Wendy Rimel
Special Event 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 Evening of Stars special event on June 03, 2021.”
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 where liquor will be served
Attachment A
Attachment B
Attachment C
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JANUARY 12, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
1.CALL TO ORDER AND ROLL CALL
The meeting was hosted in a virtual format, using Zoom.us. Chairwoman Smith Hymes called the meeting to
order at 5:00 p.m. A roll call was taken and Board members present were Amy Phillips, Scott Prince, Lindsay
Hardy, Tamra Underwood, Chico Thuon and RJ Andrade. Also present were Town Manager Eric Heil, Town
Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong and
Secretary Brenda Torres.
2.APPROVAL OF AGENDA
Video Start Time: 00:00:58
Board member Underwood moved to approve the agenda as presented. Board member Prince seconded the
motion and the motion passed unanimously.
3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:39
Board member Underwood asked the Town Attorney Paul Wisor if a Board member is a manager under a
liquor license, should there then be that a standing disclosure as Board member Andrade’s business holds a
liquor license, but he clarified he is not the responsible party of the license.
Vice Chairwoman moved to find that Board member Andrade does not have a conflict of interest regarding
liquor licensing. Board member Prince seconded that motion and the motion passed unanimously.
4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:08:33
Chairwoman Smith Hymes explained to the public how to participate via video/audio or via phone or via email
for public comments.
No public comments were made.
5.PUBLIC HEARING FOR NEW TAVERN LIQUOR LICENSE
Video Start Time: 00:09:18
5.1. APPLICANT NAME: VAIL COUNTRY CLUB LLC D/B/A VAIL CC
LOCATION: 240 CHAPEL PLACE #B126
TYPE: TAVERN (CITY) LIQUOR LICENSE
OWNERS: KENNY JOHN THAYER
ACTION: RESOLUTION NO. 21-01
Owner and Manager Kenny Thayer was virtually present to answer questions but he had difficulties with his
audio.
Chairwoman Smith Hymes opened the public hearing and no public comments were made.
Board member Underwood moved to approve Liquor Authority Resolution No. 21-01 Approving the
Application of Vail Country Club, LLC d/b/a Vail CC for a New Tavern Liquor License. Vice Chairwoman Phillips
seconded the motion and the motion passed unanimously.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JANUARY 12, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
6. APPROVAL OF THE MINUTES FROM NOVEMBER 10, 2020 MEETING
Video Start Time: 00:18:51
Board member Prince moved to approve the minutes from November 10, 2020 Liquor Authority Meeting.
Vice Chairwoman Phillips seconded the motion and the motion passed with a vote of 5 to 0. Board members
Andrade and Hardy recused themselves as they were not part of the Liquor Authority Board at that time.
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS
8. ADJOURNMENT
The Avon Liquor Authority meeting adjourned at 5:20 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:
____________________________________
Brenda Torres, Secretary
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
(970) 748-4001 btorres@avon.org
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Date: May 18, 2021
Topic: REPORT ON RECENT 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 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 to accept comments and/or
requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to
refer the application to the Avon Town Council.
The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating
back to January 12, 2021, the Town has received eleven Renewal Applications that have met all the
requirements for administrative review and approval and were ultimately approved by the Town Clerk. No
comments, complaints, or request for hearings were received. They are as follows:
Renewals:
Applicant: Sauce on the Creek, LLC d/b/a Sauce on the Creek
Location: 0101 Fawcett Road #100
Type: Hotel & Restaurant (City)
Manager: Deborah Applegate
Applicant: Columbine Bakery Inc d/b/a Columbine Bakery
Location: 51 Beaver Creek Pl
Type: Hotel & Restaurant (City)
Manager: Daniel Niederhauser
Applicant:
Location:
Type:
Manager:
Bob’s Place LLC d/b/a Bob’s Place
100 W Beaver Creek Blvd
Hotel and Restaurant (City)
Chris Doyle
Applicant: Pho 20 LLC d/b/a Pho 20
Location: 47 Beaver Creek Blvd Unit C13 & C14
Type: Hotel & Restaurant (City)
Manager: Cong Hoang
Applicant: Fancy Pansy LLC d/b/a Fancy Pansy
Location: 51 Beaver Creek Place Unit #2
Type: Beer & Wine (City)
Manager: Frankie Lynn Sheridan
(970) 748-4001 btorres@avon.org
Applicant: Vistana Colorado Management INC d/b/a Sheraton Mountain Vista
Location: 160 Beaver Creek West
Type: Hotel & Restaurant (City)
Manager: David Weiss
Applicant: Fiesta Jalisco #3 LLC d/b/a Fiesta Jalisco
Location: 240 Chapel Place #B-12
Type: Hotel & Restaurant (City)
Manager: Jose Guadalupe Rodriguez
Applicant: Town of Avon d/b/a Town of Avon
Location: 100 Mikaela Way / 1 Lake Street
Type: Optional Premise
Manager: Danita Dempsey
Applicant:
Location:
Type:
Manager:
Southside Benderz LLC d/b/a Southside Benderz
182 Avon Road #208
Hotel and Restaurant (City)
Noah Bender
Applicant:
Location:
Type:
Manager:
China Garden Inc d/b/a China Garden
100 W Beaver Creek Blvd #507B
Hotel & Restaurant (City)
Juan Carlos Hernandez Garza
Applicant: Miller’s Bottle Shop LLC d/b/a Joe’s Liquors
Location: 1060 W Beaver Creek Blvd #1B
Type: Liquor Store (City)
Manager: Clayton Williams
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager
RE: Art Around Avon Invitation
DATE: May 18, 2021
SUMMARY: The inaugural Art Around Avon Artist Reception and Walking Tour is going to be held on
Friday, June 11th between the hours of 5:00 p.m. and 7:30 p.m. The program will kick-off with an invitation
only Artist Reception at 5:00 p.m. at Avon Town Hall followed by the Art Around Avon Walking Tour open to
the public at 6:00 p.m.
BACKGROUND: Council adopted proposed Department Goals in January, 2021. General Government
Department goals included:
Art in Avon: Art in Avon will solicit artists to create outdoor art works that can be displayed
in various locations in Avon for a year and then would be replaced each year with new
artwork. Artists receive a modest commission to assist with material costs and the artwork
is displayed for potential sale. It would be featured each year and would be promoted with
self-guided walking tours.
We are pleased to announce that the First Annual Art Around Avon program will be ready to present to the
community on June 11th, 2021.
Art Around Avon Program: Art Around Avon is a new temporary art installation program. We plan to
launch a web-based platform of the new installations prior to June 11th to allow for viewing of the art on a
mobile device and/or a computer. Additionally, there will be a presentation version available on the Town’s
website for viewing and/or downloading which will contain information about each artist, the inspiration
behind the art, and the sales price.
Staff has been working on the new program since August last year. Art Around Avon is modeled after the
Art Around Town program in the Town of Carbondale which is very successful. This program is a
mechanism for temporary installations throughout the Town core which will be renewed/rotated out each
year with minimal investment from the Town. This art program creates community vibrancy, placemaking,
awareness of the art community. The unique aspect of this art program is the partnership with artists who
are offered a great public location to display and ultimately sell their art. The agreement with artists
includes a revenue share between the artist and the Town.
Art Around Avon is presented as an annual event with artists call out beginning in November, deinstalls in
late-May 2022 and re-installs at the beginning of June 2022. Each year the new art selections are
presented to the community through the Art Around Avon event. This event is supported by a walking-map
which will available year-round.
Thank you, Danita
ATTACHMENT A – Art Around Avon Invitation
Art Around Avon
Invitation
ATTACHMENT A
Baby BuffaloLogarythm
Low Poly Heart (RIDE)
Ichthyology
Cold Moon
Art Around Avon
The inaugural Art Around Avon begins
with an Artist Reception:
●Friday, June 11th
●5:00 p.m. to 6:00 p.m.
●Avon Town Hall
●Invitation Only –Meet & Greet
With Artists
Art Around Avon Walking Tour:
●Open to the Public
●Friday, June 11th
●6:00 p.m. to 7:30 p.m.
●Start at Avon Town Hall and take a
walking tour of the new
installations and engage with the
artists to hear the inspiration
behind the art.
Thank you!
ddempsey@avon.org
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SpeakUpReachOut.org
Suicide Prevention Coalition of the Eagle ValleySuicide Prevention Coalition of the Eagle Valley
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SpeakUpReachOut.org
Our mission is simple. It is to prevent suicide in
Eagle County thorugh training, awareness and
HOPE!
We are a group of individuals throughout Eagle
County who are dedicated to providing suicide
prevention, intervention and loss support services.
Who we
are
SpeakUpReachOut.org
Mission and Team
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35% in Awareness around suicide in our community
40% in basic level suicide prevention
20% in intermediate level suicide prevention
5% in advance suicide prevention and continuing
education for providers
Suicide prevention is everyone’s business and we
need the entire community involved.
Big 5 Year
Goals
SpeakUpReachOut.org
Train 75% of Eagle County
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Suicide by
the
Numbers
SpeakUpReachOut.org
Eagle County Statistics
Year # of
Suicides
Average
Age
Male/Female Resident
2021 2 40 2 male; 0
female
2 yes; 0 no
2020 11 42 11 male; 1
female
12yes; 0 no
2019 12 48 7 male; 4
female
10 yes; 1 no
2018 17 48 10 male; 7
female
13 yes; 4 no
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●QPR & Living Works START
●Working Minds
●Mental Health First Aid
●Youth Mental Health First Aid
●Applied Suicide Intervention Skills Training
●Speaker Series and Film Screenings
●Guys’ Grit and Grub
●Community Connections
●Peer Support Groups
Get
Involved
SpeakUpReachOut.org
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●Primeros Auxilios Para La Salud Mental -
June 8
●Pride in the Park Sponsor Booth - June 12
●Youth Mental Health First Aid- June 15
●Climb for Hope - June 19
●Community Walk and Memorial Butterfly
Ceremony - August 28
●Comic Cop- Vinnie Montez- December 1
Upcoming
Events
SpeakUpReachOut.org
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Did you know that for every one person who dies by
suicide, 25 people attempt suicide, and 135 people
are impacted by the death of that person.
But there is HOPE! And that starts with you. Take the
Pledge to see the Power of Hope in our community.
By signing up, you will receive a series of short
emails from the Pledge campaign, as well as our
monthly newsletter.
Get
Involved
SpeakUpReachOut.org
The Power of Hope Pledge
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●2009-2019 Reach: 9000
●2020 Reach: 2557
●20/21 School Year: 1644 students
●7027 Website visits in 2020
●2015 Distinguished Service Award from
County Rotary Clubs
●2017 Epic Kids Award with Epic Promise
●2018 VVP Small Non-Profit of the Year
●2020 moved from 1.25 FTE to 4FTE
●2020 First Responder Outreach Award
from County Rotary Clubs
Awards
and
Accolades
SpeakUpReachOut.org
Slide Title
Style
Shown
Here
SpeakUpReachOut.org
Get
Help
SpeakUpReachOut.org
Where to get help
www.eaglevalleybh.org
•Olivia’s Fund
•Find a Therapist
Ord 21-07 Off-highway vehicles
Page 1 of 3
TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police
RE: Second reading and public hearing of ordinance 21-07 to
permit Off Highway Vehicle use on public roads in the Wildridge
sub-division
DATE: May 25, 2021
SUMMARY: The Avon Town Council passed the first reading of ordinance 21-07 Off Highway Vehicle
(OHV) at the May 11, 2021 council meeting. There were some suggested council edits for the second
reading of the ordinance and Andrea Bryan as Assistant Town Attorney, and Attorney at Garfield & Hecht, P.C.,
has included those edits in the second reading of this ordinance.
BACKGROUND: The proposed second reading of the ordinance has incorporated the suggested edits and
also clarified some questions from council members. Specifically:
That the purpose of the ordinance is for OHV users to ride their OHV from their residence/ place of
storage directly to and from the trailhead’s entrances for US Forest Service Roads 779 and 717.1A
and 717.B.
The second reading has clarified that sixteen (16) year old users with a drivers’ license can ride an
OHV on Wildridge public roadways. Minor children between the age of ten (10) to sixteen (16) can
ride an OHV without a driver’s license ONLY if escorted by an appropriate adult guardian over the
age of 18 on another OHV.
Per Colorado statute, the OHV definition does not include electrical-assisted bicycles as defined in
the “Definitions” appendix of the Colorado Model Traffic Code.
In respect to penalties, the ordinance allows the municipal court judge to set the fine schedule for
violations of the ordinance similarly to other traffic ordinance violations within the Avon Municipal
code.
LEGAL CONSIDERATIONS:
At First Reading on May 11, Council raised questions regarding the permitted uses of a 50-foot wide public
access easement between Lot 21 and 22 connecting to June Creek Trail/Road 717.1B (“Lot 21 Public Access
Easement”) as well as the public access easement across Tract I, connecting to Road 779 (“Tract I Public
Access Easement”). Assistant Legal Counsel for the Town has reviewed the Wildridge Subdivision Plat and
other pertinent documents and concluded that both access easements permit the use of motorized vehicles,
including OHVs. A Dedication of Public Access Easement pertaining to the Tract I Access Easement was
recorded in 1984 and expressly dedicates a public access easement across Tract I “for the sole use and
benefit of the general public to gain access to the White River National Forest. Access shall be limited to
pedestrian and vehicles capable of performing in mountainous terrain.” The 50-foot wide Lot 21 Public Access
Easement appears on the Final Wildridge Subdivision Plat. It is acknowledged to be a “Public Access
Easement” in an Access Easement and Maintenance Declaration signed by the owner of Lots 21 and 22.
While the scope of the easement does not appear to be specifically described anywhere, use of motorized
vehicles, including OHVs, to gain access to the National Forest would be consistent with the general purpose
of a Public Access Easement, and is also consistent with the Tract I Public Access Easement and historic
use of the Lot 21 Access Easement. There does not appear to be anything limiting the Public Access
Ord 21-07 Off-highway vehicles
Page 2 of 3
Easement to non-motorized use. As such, it appears use of both easements by OHVs for the purpose of
accessing Forest Service land is allowed.
IMPLEMENTATION and EDUCATION: If passed the ordinance will take affect after 30 days. In that 30-day
period, Avon Public Works will order and install fourteen (14) OHV 15mph speed signs onto the current
fourteen (14) posted speed limit signs in the Wildridge Subdivision.
Communications Manager Liz Wood will send out an email to all of the public comment submissions with a
copy of the new ordinance and an overall summary. We will post the new ordinance rules on both the Town
of Avon and Avon PD Facebook pages and additionally on the Town of Avon website. The message will be
“Neighbors respecting neighbors, Off Highway Vehicle use on Wildridge public roadways”, as evidenced by
the content and sentiment from both sides of the discussion.
The Avon Police Department will endeavor to have officer presence at the trailheads as much as possible in
the 4pm to 8pm time period for the first two (2) weeks of trail opening, making OHV users aware of the new
ordinance and the requirements. Per the current U.S. Forest Service trail opening schedule, the 717.1B June
Creek Trail entrance is open as of May 21 and the 779 Trailhead will open on June 21. This PD presence
will be dependent on shift staffing and calls for service requests throughout town. We will not utilize overtime
unless directed otherwise.
ENFORCEMENT: The Avon Police Department will approach enforcement of this new ordinance in the same
fashion as we generally do, for other municipal and state laws. We will take the approach of educate first to
effect behavioral change and if that is not effective, we will write the violator a citations/ summons into
Municipal court and the violator may face a conviction and fines for lack of compliance. If an officer encounters
an egregious violation, they have the discretion to go straight to an enforcement action, for example, a
reckless or careless violation of a stop sign or reckless or careless speed in excess of the new 15 mph speed
limit for OHV’s. If an officer makes a traffic contact with an OHV user for any violation of this proposed
ordinance, they may also check for drivers license status and equipment compliance.
FINANCIAL CONSIDERATIONS: If approved, the design and cost of the new OHV 15 MPH speed limit signs is
$982.50 (to include two spare signs). It will take two public Works employees approximately five (5) hours per
person to install, the fourteen (14) signs, at a cost per hour of $38.34 for a total labor installation cost of $383.40.
The Avon Police Department, within current resources, will enforce the new ordinance.
PROPOSED MOTION: “I move to approve Second Reading of Ordinance 21-07 as presented” or ““I move to
approve Second Reading of Ordinance 21-07 with the following amendments….”
ATTACHMENTS: Attachment A: Proposed second reading of ordinance 21-07 from Andrea Bryan,
Attorney, Garfield & Hecht, P.C.
Attachment B: Proposed ordinance map
Attachment C: Updated public comments
Thank you, Chief Greg Daly and Andrea Bryan.
###
Ord 21-07 Off-highway vehicles
Page 3 of 3
Attachment A
ORDINANCE NO. 21-07
AN ORDINANCE PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 10.40,
OFF-HIGHWAY VEHICLES
WHEREAS, the Town of Avon (“Avon”) is a home rule municipality duly organized and
existing under Articles XX of the Colorado Constitution, the Colorado Revised Statutes
(“C.R.S.”), and the Town’s Home Rule Charter; and,
WHEREAS, Title 10 of the Avon Municipal Code relates to vehicles and traffic; and,
WHEREAS, pursuant to Article 14.5 of Title 33 of the C.R.S., Avon, by ordinance, may
regulate the operation of off-highway vehicles on streets and roads within its boundaries; and,
WHEREAS, the Town has heard and considered extensive public comment regarding the
regulation of off-highway vehicles in Avon; and,
WHEREAS, the Town desires to provide a designated route of travel for operators of off-
highway vehicles to access certain recreation areas via Town streets and roads, and specifically
for access to U.S. Forest Service Road 779 and 717.1A and 717.1B; and,
WHEREAS, the Town Council finds that the regulation of off-highway vehicles within the
Town of Avon boundaries 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 requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Addition of Chapter 10.40 to Title 10 of the Avon Municipal Code. Chapter
10.40, “Off-highway vehicle” is added to Title 10, “Vehicles and Traffic,” of the Avon
Ord 21-07 Off-highway vehicles
Page 4 of 3
Municipal Code to read as set forth in Exhibit A: Addition of Chapter 10.40 to Title 10 of the
Avon Municipal Code, attached hereto.
Section 2. 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 3. 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 4. 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 5. 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 6. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 11, 2021 and setting such public hearing for May 25, 2021 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on May 25, 2021.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Andrea Bryan, Assistant Town Attorney
EXHIBIT A: ADDITION OF CHAPTER 10.40 TO TITLE 10 OF THE AVON
MUNICIPAL CODE
CHAPTER 10.40 Off-Highway Vehicles
10.40.010 - Definitions.
The following words, terms and phrases, when used in this chapter 10.40, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Off-highway vehicle means any self-propelled vehicle which is designed to travel on wheels
in contact with the ground, which is designed primarily for use off of the public highways, and
which is generally and commonly used to transport persons for recreational purposes. Except as
described in subsection (c) of this section, “off-highway vehicle” includes surplus military vehicles
as defined in section 42-6-102, C.R.S. “Off-highway vehicle” does not include the following:
(a) Vehicles designed and used primarily for travel on, over, or in the water;
(b) Snowmobiles as defined in section 33-14.101, C.R.S;
(c) A surplus military vehicle, as defined in section 42-6-102 (20.5), C.R.S., that is owned
or leased by a municipality, county, or fire protection district, as defined in section 32-
1-103(7), for the purpose of assisting with firefighting efforts, including mitigating the
risk of wildfires.
(d) Golf carts;
(e) Vehicles designed and used to carry individuals with disabilities
(f) Vehicles designed and used specifically for agricultural, logging, or mining purposes;
(g) Vehicles registered pursuant to Article 3 of Title 42, C.R.S.;
(h) Self-balancing motorized personal vehicles, including but not limited to hoverboards,
kickscooters, e-scooters, self-balancing scooters, and self-balancing transporters;
(i) Electrical-assisted bicycles as defined in the “Definitions” appendix of the Colorado
Model Traffic Code for Colorado Municipalities as adopted by reference by the Town;
or
(j) Ride-on lawn mowers.
Off-highway vehicle route means any road, trail, or other public way owned or managed by
the Town and designated for off-highway vehicle travel pursuant to this chapter.
Operator means any person having physical custody of or using an off-highway vehicle.
Owner means any person, other than a lienholder, having a property interest in an off-highway
vehicle and entitled to the use and possession thereof.
10.40.020 - Off-highway vehicle routes designated.
In accordance with C.R.S. § 33-14.5-108, the following streets, roads, and alleys located
within the Town are hereby designated as limited off-highway vehicle routes. Off-highway
vehicles shall be permitted on such routes for the limited purpose of traveling to or from the
owner's or operator's residence or place of storage directly to U.S. Forest Service Road 7-779 and
June Creek Trail/U.S. Forest Service Road 717.1A and 717.1B, provided that the U.S. Forest
Service authorizes off-highway vehicle to travel on Road 7-779 and Roads 717.1A and 717.1B:
(a) All Town roads and streets within Blocks 1 through 4 of the Wildridge Subdivision,
beginning at the point 500 feet South of the intersection of Wildridge Road and Old Trail
Road. A map of all Town roads and streets designated as limited off-highway vehicle
routes shall be made available to the public on the Town of Avon website and at the Town
of Avon Police Department.
10.40.030 - Regulations concerning the operation of off-highway vehicles within the town.
No off-highway vehicle shall be operated on any off-highway vehicle route within the Town
except in accordance with the following. This chapter shall not apply to use of off-highway
vehicles during applicable emergency conditions declared by the Town or proper State authority,
or to off-highway vehicles used solely on private property.
(a) Every off-highway vehicle shall be currently registered with the State Division of
Parks and Wildlife.
(b) Every off-highway vehicle shall be covered by either an insurance policy complying
with the State’s requirements for motor vehicles or a certificate of self-insurance in full
force and effect which complies with the State’s requirements for motor vehicles. When
an accident occurs, or when requested to do so following any lawful traffic contact, or
during an investigation by a peace officer, no owner or operator of an off-highway
vehicle shall fail to present to the requesting officer immediate evidence of a complying
policy or certificate of self-insurance in full force and effect as required by law.
(c) No person shall operate an off-highway vehicle at a speed greater than is reasonable
and prudent under the conditions than-existing, and in no event greater than 15 miles
per hour.
(d) Any person who drives an off-highway vehicle in such a manner as to indicate either
a wanton or willful disregard for the safety of persons or property shall be deemed
guilty of reckless operation of an off-highway vehicle, which may, at officer
discretion, be charged as reckless driving pursuant to section 42-4-1401, C.R.S.
(e) Any person who operates an off-highway vehicle in a careless and imprudent manner
without due regard for the width, grade, curves, corners, traffic, pedestrians and use
of the streets, and all other attendant circumstances, shall be deemed guilty of careless
operation of an off-highway vehicle.
(f) A person operating an off-highway vehicle shall observe all official traffic control
devices, including signs and signals, as set forth in the Model Traffic Code for Colorado
Municipalities, as adopted by reference by the Town.
(g) No off-highway vehicle shall be operated between the hours of sunset and sunrise
unless such off-highway vehicle is equipped with at least one lighted headlamp and one
lighted tail lamp, each having the minimum candlepower prescribed by the regulations
of the State.
(h) No off-highway vehicle shall be operated unless such off-highway vehicle is equipped
with brakes and a muffler and spark arrester which conform to the standards prescribed
by the regulations of the State.
(i) No person shall operate an off-highway vehicle unless such person has a current valid
driver’s license and is at least 16 years of age, unless supervised by an adult traveling
on a separate off-highway vehicle who is riding immediately next to, in front of, or
behind the minor operator. In no event shall any person younger than 10 years of age
be permitted to operate an off-highway vehicle on Town streets or roads.
(j) Any operator of an off-highway vehicle that is under the age of 18 years shall wear a
safety helmet.
(k) An off-highway vehicle shall not carry more people than such vehicle is designed to
carry.
(l) An off-highway vehicle shall not tow objects or people behind such vehicle.
(m) No off-highway vehicle shall be operated on sidewalks within the Town.
(n) Operators of off-highway vehicles shall use proper hand signals to warn other drivers
of their intentions such as to turn or stop.
(o) Operators of off-highway vehicles shall wear proper eye protection.
10.40.040 - Penalties.
It shall be unlawful for any person to operate an off-highway vehicle outside of the off-
highway vehicle route or to violate any provision or fail to comply with any of the requirements
of this Chapter 10.40. Any person who violates any of the provisions of
Sections 10.40.020 and 10.40.030 commits a municipal offense punishable in accordance with
the provisions of Section 1.08.010 of this Code. The Municipal Judge is hereby authorized to
promulgate a fine schedule for violations of this Chapter in accordance with Rule 210(b)(5) of
the Colorado Municipal Court Rules of Procedure
(970) 748-4040 gdaly@avon.org
Attachment B: Map
TO: Honorable Mayor Smith Hymes and Council members
RE: Public Comments Received Road 779
DATE: Last updated on Friday May 21, 2021, 8:30AM
Council has received multiple public comments via email between March 2020 and May 2021. The various
comments are compiled below in chronological order. Private email addresses and phone numbers have been
removed.
ATTACHMENT C: UPDATED PUBLIC COMMENT
Page 2 of 177
From: McDavid, Janet L.
Sent: Wednesday, March 11, 2020 1:09 PM
To: Sarah Smith Hymes <shymes@avon.org>; Eric Heil <eheil@avon.org>; Jennie Fancher
<jfancher@avon.org>; Jake Wolf <jwolf@avon.org>; Scott Prince <sprince@avon.org>; Chico Thuon
<cthuon@avon.org>; Tamra Underwood <tunderwood@avon.org>; Amy Phillips <aphillips@avon.org>
Cc: G McDavid
Subject: Wildridge - Proposed Action to Quiet Title
I was astonished to learn that the Avon Town Council is considering an action to quiet title in Wildridge
as an end-run around the Wildridge covenants, which require that you secure consent from Wildridge
homeowners with respect to a proposal to build community housing. The notion that you would even
consider doing so without any consultation with Wildridge homeowners is quite outrageous. The
supposed rationale is that there are more Wildridge homeowners now than there were when the
covenant were adopted. That is simply inconsistent with any concepts of democracy. Allowing input
from Wildridge homeowners should have been the first step in this process, not a step that you would
try to avoid through an action to quiet title. But that appears to be the direction you propose to go. It is
very surprising that elected officials have so little regard for consultation with their constituents.
For reasons that I don’t understand, the Council does not seem to think it needs to consult with
Wildridge homeowners about issues that affect them most directly, such as the 2016 mountain biking
trail proposal or the proposal to expand US Forest Service Road 779 or now the Wildridge covenants.
I do not object to the idea of building additional housing because there is a need for additional
affordable housing. But there are issues involved that directly affect Wildridge homeowners, such as
additional traffic, effects on wildlife, and most significantly, emergency access and egress from Wildridge
in the event of a major fire since, as you know, there is only one road out of Wildridge. These are all
issues that should be discussed directly with Wildridge homeowners rather than trying to find a way to
avoid having to discuss those issues by filing an action to quiet title to eliminate the restrictions in the
Wildridge covenants.
Janet McDavid
5531 Coyote Ridge
Avon, CO 81620
Page 3 of 177
From: Carroll Tyler
Sent: Wednesday, March 11, 2020 2:19 PM
To: Council Everyone Group <council@avon.org>
Cc: McDavid, Janet L.
Subject: Quiet title Issue
I agree with Janet McDavid’s letter of today objecting to this proposed action. You all have got to listen
to us in Wildridge who are against this and turning Road 779 into a motorized highway!!
Carroll Tyler
Carroll Tyler
Broker Associate | Realtor
Slifer Smith & Frampton Real Estate
230 Bridge St., Vail, CO 81657
Page 4 of 177
From: James Tharp
Sent: Monday, July 20, 2020 6:52 PM
To: Tamra Underwood <tunderwood@avon.org>
Subject: Fence
Hi- we are at 4686 N Point. BLM adjoins our property. How come they removed the fence delineating
public lands behind our house? If there is no replacement this fall vehicles will just drive around the gate
effecting wildlife and further degrading FS 779. Seems like since we are directly effected it would be
nice to provide an explanation.
Thanks- Jim and Caroline Tharp
Page 5 of 177
From: Dee Wisor
Sent: Saturday, September 5, 2020 9:40 AM
To: Council Everyone Group <council@avon.org>
Cc: Eric Heil; Paul Wisor
Subject: Wildridge Survey
Mayor and Member of Council,
Because I have to participate in a client’s Zoom council meeting on Tuesday and may not be able to
participate in the Town Council meeting, I am writing about Road 779 in Wildridge. The staff report
regarding the Wildridge survey says:
• Metcalf Creek USFS #779 - This access point and route are valued by the community for a wide
variety of passive and active recreational uses. There is strong support to maintain access into
the future. The former USFS District Ranger supported the concept of moving a gate and USFS
signage down to Wildridge Road East to prevent vehicles from driving up in inclement weather.
Additionally, some grading and drainage improvements are necessary for longevity of this access
portal. Staff recommendation: Move forward with design of improvements for Town’s portion
of this access.
To the extent the Staff recommendation is based upon the survey results, I think there is some nuance
to the responses and I have the following observations:
1. In response to the question of whether the survey responders support continued motorized and
recreation use of Road 779, 43% were supportive and 31% were opposed. Based upon the way
the question was worded survey responders might support only passive recreation on Road 779.
2. But the responses to the question of whether the survey responders support discontinuing
motorized vehicle use of Road 779 shed more light on this. 43% supported no motorized use
while 32% supported motorized use.
The combined responses then support maintaining Road 779 for recreation uses, but only a third of
respondents support continued motorized vehicle use. It is also of note that a substantial number of
renters support motorized vehicle use, but of course they have no stake in property values in Wildridge.
A near majority of property owners who are either full or part time residents are opposed to continued
motorized vehicle use.
I do support the concept of moving the gate and signage to the intersection of Wildridge Road and Road
779. This will be particularly important this coming winter as the Forest Service has removed the barbed
wire fence that was supposed to keep out snow mobiles in the winter and calving seasons (although it
was regularly cut). The Forest Service is building a new gate but does not intend to replace the length of
fencing that previously existed. Building a gate on Wildridge Road should reduce or eliminate illegal use
given the steep terrain at the bottom of Road 779. I imagine with a reduced or different skiing
experience at Vail and Beaver Creek this coming season there will be more interest in backcountry
recreation.
If the Town intends to construct any improvements on Tract I, which is the tract across which the Road
779 easement is located, remember that this is an open space tract under the Wildridge covenants and
there are very limited uses of open space provide for in the covenants. Open space may be used for
Page 6 of 177
utility facilities and easements. “Also such tracts may be used for emergency vehicles, pedestrians,
bicyclists, and cross country skiers…” The covenants allow for limited improvements on an open space
tract for things like picnic areas and benches. The covenants provide that open space is not to be used
for informal or organized gatherings that may alter or deface the natural quality of the tract. If any
planned improvements to Tract I include constructing a parking area, that is not permitted under the
covenants. Also, the covenants prohibit parking along any public roadway. While I recognize that the
Town may not have any legal duty to enforce the covenants, as a property owner the Town is bound by
the covenants for the benefit of all Wildridge property owners just like my wife and I are.
If Council determines to proceed with the staff recommendation, I would appreciate learning more
specifics about proposed improvements and am willing to be a part of any group formed by the Town to
evaluate and advise on any improvements.
Thank you for your consideration and for your service to the Town and its residents, property owners,
and businesses.
Page 7 of 177
From: Caroline Tharp
Sent: Monday, September 7, 2020 7:58 PM
To: Council Everyone Group <council@avon.org>
Subject: USFS road 779
I live in Wild Ridge
I am opposed to motor traffic on the road
a gate at the bottom seems like a good idea.
Caroline Tharp
Page 8 of 177
From: Dee Wisor
Sent: Friday, September 11, 2020 10:13 AM
To: Council Everyone Group <council@avon.org>
Cc: Eric Heil; Paul; Jan Wisor
Subject: WIldridge Survey and USFS 779
Mayor and Members of Council,
I could not participate in the September 8 Council meeting. I have had the opportunity to listen to
the recording. I want to provide my observations about comments made at the meeting about (1)
USFS Road 779 and (2) use of Town roads by off-road vehicles. (When I use the phrase off-road
vehicles, I mean those designed principally for off-road use as opposed to vehicles like Jeeps or
other 4-wheel drive vehicles designed for both on- and off-road use).
First, I want to respond to comments that there is a NIMBY issue here and that people purchased
their property knowing the road was there. I suppose my wife and I fall into that category, but I
will say that before purchasing in Wildridge in the spring of 2015, I asked a Wildridge resident
and was told the road was rarely used. I suppose rarely is in the eye of the beholder. More
importantly, I did what lawyers should do and read the covenants. The covenants expressly
prohibit off-road vehicles on the dedicated roads in the subdivision. A reasonable person would
rightly assume that there would be no use of Wildridge roads by off-road vehicles. But we do
not need to debate whether the Town can or should enforce the covenants, because (1) State law
prohibits unlicensed vehicles on public roads and (2) Section 33-14.5-108, C.R.S. says “No off-
highway vehicle may be operated on the public streets, roads, or highways of this state…” and
says this is a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty
dollars. I think one of the reasons for this State policy is safety. See
https://www.governing.com/topics/public-justice-safety/gov-roads-atvs-fatalities.html
and https://svia.org/opposition-to-on-road-use/ The Town can and should enforce State
law. And as I noted in recent public comments, please consider what behaviors you as policy
makers find appropriate for one part of Town as opposed to others.
There was also discussion at the meeting about jurisdiction over USFS 779. There is no doubt
that from the gate north, this is USFS jurisdiction. But the use of the easement over Tract I and
the use of Tract I itself is Town jurisdiction. It seemed that some on Council were focused on
the use of 779 is a USFS matter and not for the Town. But I want to remind you of the recent
history of 779. Pursuant to the USFS 2011 Travel Management Plan, the USFS was going to
decommission 779. It was only because the Town appealed the decision that the road remains
open to summer motorized access. It seems that the Town has already put itself into the position
of determining the use of 779 rather than leaving it solely to the USFS.
I also want to clarify when the road is closed. Currently, the USFS closes 779 from about
November 20 to about June 20. As I understand it, the reason for the closure from November to
June is to protect wildlife in the winter months and during the calving season. This is part of the
mission of the USFS to balance recreation uses and the needs of wildlife and is done pursuant to
Page 9 of 177
White River National Forest Management Area 5.41. As an aside, I encourage you to read the
article in the summer/fall edition of Vail/Beaver Creek Magazine entitled “Coloradan Pastoral”
about the impact of our backcountry recreation on our wildlife.
Finally, it strikes me as odd that a municipality that is part of the Climate Action Plan for the
Eagle County Community wants to facilitate an activity that is based upon use of fossil fuel. As
you know, the Plan calls for greenhouse gas emission reduction targets of 25% by 2025 and a
minimum of 80% by 2050. According to an EPA report, a dirt bike operating for an hour
generates as much pollution as 20 automobiles operating for an hour. In addition to wildlife
impacts and air pollution, there are also other environmental impacts of off-road use such as
erosion, soil compaction, creation of fugitive dust, water quality issues, and the spread of
noxious weeds.
If nothing else happens on 779, I do agree with the Council direction to place a sign at the
bottom of 779 describing the access restrictions. However, I do not understand why the Town
would not put a gate at the bottom of the road that would open and close in connection with the
USFS closure policy. It would keep people who might go up the road notwithstanding signage
only to find the road closed at the USFS gate. It would also reduce or eliminate the illegal winter
use of 779. At the meeting. there seemed to be some connection of the gate at Wildridge Road
with a need for parking. I do not see the connection. If the USFS has opened 779 then the Town
gate would be open and there is no need for parking. If the USFS has closed 779 then the Town
gate would be closed and there is no need for parking.
Thank you for reading and for your consideration. While some members of Council may not
agree with my perspective, I appreciate that we can have this dialogue which is how a healthy,
functioning representative government should work.
Dee Wisor
4730 Wildridge Road E
Page 10 of 177
From: Devon Decrausaz
Sent: Saturday, September 12, 2020 9:19 PM
To: Council Everyone Group <council@avon.org>
Subject: Forest Service Road 779
Dear Avon Town Council,
My name is Devon DeCrausaz and my husband, Rick Smith, and I live with our family at 5796 Wildridge
Rd E., adjacent to your open space tract and the Forest Service Rd. 779 to the east.
After seeing the Vail Daily article about the 779 Road, I watched the recording of your September 8
Town Council meeting. I applaud you for recognizing that a decision regarding motorized use is not
within the Town of Avon’s jurisdiction. I also applaud you for recognizing that this is a very complicated
issue, that many residents feel passionately about it, one way or the other, and that more information
and public input is needed before making any decision regarding the Town’s parcel that abuts this Road.
In 1998, my husband and I moved to Wildridge and subsequently bought land and built because we love
the proximity to the National Forest. Although we hike a ton behind our house, motorized access is
very, very important to us. Because of this, going forward, we would appreciate an opportunity to take
part in any discussions at the Town or Federal level. To the extent that you can, it would be great to be
informed in advance of those conversations taking place.
I understand that some of our neighbors do not like the dust or noise from the 779 Road. I can honestly
say that neither dust nor noise have ever been an issue for us. Pollen and ash seem to produce just as
much residue on our cars as dust. The OHV vehicles that drive by are not nearly as noisy as the large
construction delivery trucks or even the trash trucks.
Regarding unlicensed vehicles on the road, some Towns embrace the use and enjoyment of the National
Forest and have made it legal to drive to and from access points on public roads. If this is not the case in
Avon, I think you should consider making that change.
I heard your comments about OHV drivers misbehaving. In my opinion, this is the few, not the
majority. I also feel there are significantly more licensed vehicles driving at excessive speed around our
curve in Wildridge Rd. than OHV vehicles. The Town police do fantastic job. I have faith that they can
educate the few without the need for additional regulation.
This is a very complex and challenging situation and there are many, many stakeholders. The Town may
need manpower to work through this issue. There are many of us in the community that would
volunteer to help. If you see an opportunity, please let me know. I am passionate about this and happy
to help in any way I can.
Thank you for all you do and for serving our community.
Kindest regards,
Devon DeCrausaz
PO Box 797
Avon, CO 81620
Page 11 of 177
From: Colin Meiring
Sent: Tuesday, September 15, 2020 3:24 PM
To: Council Everyone Group <council@avon.org>; Sarah Smith Hymes <shymes@avon.org>
Subject: USFS road 779
Dear Mayor and council members,
Thank you for conducting the in depth Wildridge survey.
We as community members really value the importance of having an input and voice to so many local
issues.
I’m writing in regard to an issue that seems to have favorable support in moving forward: Improvement
of USFS road 779.
I live at 4660 North Point, Avon 81620
My property backs up directly to this road and I’ve seen the misuse, disregard for civility and litter abuse
that occurs on this road daily.
• The concept of moving the gate and signage to the intersection of Wildridge Road and Road 779
is questionable.
• The Forest Service has removed the barbed wire fence that was supposed to keep out snow
mobiles in the winter and calving seasons (although it was regularly cut).
• The Forest Service recently built a new log fence of 20ft on either side of the existing gate, but
does not intend to replace the length of fencing that previously existed. FYI, the logs are so so
easy to lift and remove.
• Building a gate on Wildridge Road might reduce illegal use, but I fear and very much suspect,
that the snow mobiles would then ride up my road, (North Point) and cut through my property
as well as my neighbor's and the lot East of mine which is undeveloped. This has happened
repeatedly before even without a gate obstacle.
My objections with improving this USFS 779 road are:
1. Increased traffic. Traffic on an improved road will be at higher unsafe speeds. Locals use this
road to hike and walk dogs off leash.
2. Increased litter. ( Who is going to maintain this new improved road and pick up all the trash?) I
am presently able to keep up with litter control daily on the existing road, but increased use will
= increased trash!
3. Illegal camp fires! ( I regularly call Avon police about people camping at the existing gate and
worse…. I’ve had a clueless hunter pitch a tent in my back yard) I fear this will increase with road
improvement and especially parking.
4. I have to bury and kick black coal remains from camp fires at least every other week at the gate.
5. Google maps concern!!!! Im constantly redirecting lost out of town people who have been
incorrectly guided by Siri up this USFS 779 road. No idea how this happens? BUT, it will be sure
to increase with a new and improved road. There was an incident with a stolen vehicle last Fall
that was driven up the road and then abandoned behind my house after a flat tire. Seems like
they quickly realized Siri had given them bad directions. The suspects then stole another vehicle
from a neighbor. A new improved road will increase deviant and undesirable traffic.
Page 12 of 177
6. I have not detailed the wildlife concerns and Open space covenant limitations on developing this
road as I hold Town Of Avon Council members in high esteem when it comes to logic, intellect
and common sense.
Unfortunately, it is human nature to push the boundaries of risk and law as much as possible in
wilderness areas. I just don’t trust out of town people to do the right thing.
I know I am only one voice out of many, but feel my observations living on the road in question, should
count for something.
I would appreciate learning more specifics about proposed improvements. But would ultimately like to
not see any improvement done at all.
Colin Meiring
4660 North Point, Avon 81620
Page 13 of 177
From: Caroline Tharp
Sent: Tuesday, September 15, 2020 3:34 PM
To: Council Everyone Group <council@avon.org>; Colin Meiring
Subject: Fwd: USFS road 779. More problems
I am adding my bad experiences to Mr. Meiring’s.
A few years ago ATVs came over the downed barbed wire fence through my yard and could only extract
them selves by winching on my driveway safety fence and breaking it down to the repair bill of $1000.
Thanks for your continued consideration.
Caroline Tharp
Page 14 of 177
From: Carroll Tyler
Sent: Tuesday, September 15, 2020 5:28 PM
To: Council Everyone Group <council@avon.org>
Cc: Colin Meiring
Subject: Wildridge Road 779
I heartedly endorse your letter, Colin and am opposed to opening this road to more traffic. This is fragile
terrain, subject to fires and vehicles with no arresters. We cannot have this residential neighborhood
subject to more noisy motorcycles and ATV roaring by and up the mountain road.
Carroll Tyler
Page 15 of 177
From: Charley Viola
Sent: Wednesday, September 16, 2020 3:06 PM
To: Council Everyone Group <council@avon.org>
Subject: Forest Service Road 779 and Wildridge
To the Avon Town Council:
Please find attached a letter regarding the issue of Forest Service Road 779 and OHV use in the
Wildridge neighborhood.
Best regards,
Charley Viola
5720 Wildridge Road East
ATTACHMENT:
Tot the Avon Town Council:
I have lived in Wildridge since 1993 in a several different properties, starting with a townhouse on Old
Trail Road and now at our current residence, which is in close proximity to Forest Service Road 779. One
of the reasons I moved to here, and continue to live in Wildridge, is the access to Red and White
Mountain provided by FR779. I use this road to access the higher elevations via ATV with my dogs to
hunt grouse. Using the ATV allows me to get up high enough where the birds are in one third the time it
would take with my truck, giving me the ability to get in a short morning hunt prior to going to work.
Access from the house to FR779 is very important to my quality of life as I probably access the road well
over 30 days per year. We use the road for other purposes as well, but it would appear that the issues
seem to be focusing on OHV use in accessing the trail.
Having watched the last town council meeting where this was discussed, it was clear that the greatest
concern of one or two council members was the on-street use of non-licensed vehicles on the streets. It
is my opinion that this is a red herring. I fully agree that those riding dirt bikes need to adhere to the
speed limits and be polite neighbors. Education is the key here and not enforcement. I understand the
police are currently taking this approach and fully support the efforts to educate rather than enforce.
The issues will not be solved by removing the dirt bikes from the streets. With increased enforcement,
the motorcycles riders simply purchase street legal dirt bikes and continue to access the trail. The end
result will be only those of us that use ATV’s, which cannot be made street legal, will be punished.
Closing the trail also achieves little for the neighborhood. The only result will be shifting the traffic from
FR779 to the June Creek access point, increasing the burden on those residents on June Creek Trail. The
reality is that all of us bought into Wildridge with these access points being used for many years prior to
our arrival. Those that now object to the trail access bought their properties with full knowledge what
the use of the trail was at the time of their purchase. The attempt to now shift, or eliminate, access is a
severe burden on many to benefit a few.
Page 16 of 177
Quite frankly, this is a tempest in a teapot. I understand that a handful of homeowners adjacent to the
trail have created this storm, however, outside those few individuals this is a non-issue. The idea of a
sign at the bottom of the road should eliminate the concern about those going up and having to turn
around. A sign stating the dates of the gate closure and four wheel drive access only at the bottom
should solve that problem. Education of those riding in the neighborhood is important. Informing them
that accessing the trails via the roads is a privilege is paramount.
I am a real estate broker in the Valley. As such, I think it is important to recognize how attractive the
access to these roads via ATV’s and dirt bikes is to those looking at the many options for buying real
estate in the valley. Access to these trails gives us a competitive advantage over other neighborhoods in
attracting potential Buyers. No other community up valley has the access to trails that Wildridge offers.
Especially of late, we see more and more buyers placing an importance on access to the forest. The
overwhelming majority of those purchasing in Wildridge recently seem to appreciate this access and are
frequent users of FR779 and June Creek via ATV’s, UTV’s, and dirt bikes.
I appreciate your taking the time to read this long-winded email.
Charley Viola
Page 17 of 177
From: Dave Wilkison
Sent: Thursday, September 17, 2020 7:57 AM
To: Council Everyone Group <council@avon.org>
Subject: forest road 779
Dear Avon Town Council,
My Wife and I purchased our land and built our home at 4495 Wildridge road in 1991.
One of the reasons we picked this location was the forest service access for summer and winter.
The road first was closed to snowmobiles and now the talk of closing it to summer access takes away
one of the main reasons we stay.
I understand the neighbors that don’t like the amount of traffic and summer dust.
I believe this can be minimized if the road were improved a bit to the BLM boundary and signage with
speed limits of 5 MPH
Also if possible limit it by not allowing street parking. Maybe a small lot above the BLM.
If you close this access you put all the access onto June creek with hikers, bikes, vehicle, utv’s, dirt bikes,
etc.. and all the upper traffic trying to access from above.
I know for some with handicaps that can only access the forest with UTV’s and 4 x 4 vehicles feel you are
taking away the freedom to access the national forest.
We have been going up and enjoying the national forest with 3 generations of family in this home.
If this passes we will be selling and moving out of Wildridge!!
Thanks,
Dave Wilkison
Page 18 of 177
From: Craig Lathram
Sent: Monday, September 21, 2020 3:27 PM
To: Council Everyone Group <council@avon.org>
Subject: 779 road access
My name is Craig Lathram and I live full time with my family at 5730 Wildridge Rd.
approximately 1/4 mi from the 779 forest service road access. In fact, the proximity to the
access was a large factor in the purchase of our home.
After being informed of the concerns with the 779 service road motorized access of an adjacent
homeowner, I agree that the issue of the access point(s) (including June Creek) needs to be
addressed. The public lands of the National Forest are an amazing resource and we are not only
fortunate to live next to them, we are even more fortunate to have open access to enjoy and
appreciate what these public lands have to offer. In fact, other municipalities have embraced
their community’s desire to enjoy these public lands through enhanced access and increased
maintenance.
Yes, I’m sure that occasionally less fortunate issues arise around the access point I don’t see
from ¼ mile away. But, these can be addressed through far less extreme proposals (closure). In
fact, I personally find the dust far less than other access points in the Valley given the lower
access paving and rocky nature of the trail. Silencers/mufflers are already required on all OHV
vehicles and I personally find them generally far quieter than the service vehicles, construction
equipment, and Harley’s in the neighborhood. And, I would be interested to see data that
shows localized OHV travel to the access points has any higher percentage of speeding or
accidents than the general public per capita. However, what I find most unfortunate is the
person making the complaint who knowingly purchased a property adjacent to the existing
access has direct connections to the City through an employed family member while promoting
the closure of this existing public resource for their personal gain.
What I would propose in opposition to the current win-lose proposal (closure) is a partnering of
vested groups to discuss potential win-win alternatives. It seems no one group has truly taken
pride in these gateways, and it would be fortunate if someone did.
Thank you,
Craig Lathram
Page 19 of 177
From: ARTHUR YUAN
Sent: Tuesday, September 22, 2020 8:36 AM
To: Council Everyone Group <council@avon.org>
Subject: FSR 779
Avon Council Members,
As homeowners in Wildridge we are strong supporters of maintaining FSR 779 access for OHV. We also
desire for it to be open year round. We see activity there almost everyday in the summer months and
use the access frequently with our own two OHVs. In fact, most of the activity we notice on this trail is
motorized vehicles, because we believe it is a beautiful and challenging climb for all types vehicles.
We purchased our home in the summer of 2017 and one of the reasons was White River National Forest
being literally right in our back yard and the proximity to FSR 779 access. Our home, 5792 Wildridge Rd
East, is the second home east of the FSR 779 entrance. We can see and hear activity to and from the
trail, and it doesn’t bother us, we were aware of the trail when we made our decision to buy in The
Wildridge Community. Our experiences have been pleasant and courteous with other OHVs on the trail
and on our public roads. If there are instances of excessive noise, unsafe or reckless driving of OHVs it
must be isolated because we have not seen or heard an instance from our home. We do believe that
traveling on public roads to and from FSR entrances (June Creek and FSR 779) should be legal for
homeowners, leasers, renters In our community who own OHV’s.
We watched the Avon Town Council meeting 9/8 recording and read the Vail Daily News September 9th
article on FSR 779. We appreciate the Council member’s objectivity for representing all people residing
in The Wildridge Community and the support Council Members expressed for maintaining the access
from Wildridge Rd East to the FSR 779 entrance as it exists today. We were not aware of a survey for FSR
779 and we did not participate in it. In the future, we would want to participate in any concerns or
surveys regarding this subject. However, FSR 779 access is a very important asset for many of us in The
Wildridge Community and we have a vested interest in its open access for OHVs.
Sincerely ,
Arthur & Elie Yuan
Page 20 of 177
From: Robert Hintermeister
Sent: Tuesday, September 22, 2020 4:16 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge survey Results - 2 comments on traffic safety
Dear Council,
I am writing this email to be read as a comment at the start of tonight’s meeting.
I have two comments regarding traffic safety in Wildridge.
1) Motorized access to Forest Service Roads (FSR): My position is that motorized access should
remain permitted. I have lived in Wildridge for almost 28 years and use the FSR for active and
passive recreation (run, mtn bike, & dirt bike). There is no reason that motorized access cannot
co-exist as long as everyone is respectful of the neighborhood getting to and exiting the FSR. It is
not appropriate to penalize the majority of drivers who are respectful and follow traffic rules
because a few drivers may not comply with traffic safety I have spoken with many residents
who say access to the FSR is one of the reasons they chose to live in Wildridge. It is
inappropriate to change the rules because a minority of residents do not want motorized access
to something the majority of users do responsibly.
2) Put in speed bumps at the intersection of Old Trail and Wildridge Road at the stop signs. I live
at the intersection of Wildridge Road & Old Trail. The majority of drivers do not come close to a
full stop for either of the stop signs: coming down Wildridge Road and from Old Trail. It is more
of a problem coming down Wildridge Road. Too often drivers go thru at 15+mph. It is
dangerous, especially in winter. A low cost, low maintenance and 24/7 solution to this safety
hazard is to install a significant speed bump at each stop line. No police presence necessary!
Thanks for considering these suggestions,
Bob
Robert Hintermeister, PhD
Page 21 of 177
From: Craig Lathram
Sent: Wednesday, September 23, 2020 8:35 AM
To: Council Everyone Group <council@avon.org>
Subject: Council meeting 092220
Hello,
I just wanted to let the Council know for the record that I attended the meeting last night by
phone (303-***-****) in support of keeping the 779 Road access open. I also appreciate the
recusal of the City Attorney in recognition of the potential conflict of interest regarding his
parent's adjacent property.
Thank you,
Craig Lathram
Page 22 of 177
From: Rick Smith
Sent: Tuesday, September 29, 2020 9:04 AM
To: Council Everyone Group <council@avon.org>
Subject: Closing Access to 779
Thanks for listening and your consideration. Rick Smith
LETTER ATTACHED: Rick Smith
P.O. Box 797
Avon Colorado 81620
September 29, 2020
Dear Avon Town Council,
My name is Rick Smith, I reside at 5796 Wildridge Road East. My family and I have lived at this
address for 20 years and I have never felt compelled to write the Town Council, however, the
potential for you to close access to 779 for off road vehicles has changed that.
We live just east of the access and know from observation and talking to many of our neighbors
this would be a terrible move. Many of our neighbors, including ourselves enjoy dirt biking and
using our Razor to access 779, that’s why many of us moved here. Motorized and foot access to
the forest, in our neighborhood, is one of the pleasures we all enjoy, and I think it would be a
travesty to allow a small vocal minority to deny motorized access. Motorized vehicles also
provide access to the forest to those who are not physically able to hike the very steep access
road, which should be an important consideration for the Council. We must help to
accommodate those among us who are not physically able. When this vocal minority decide to
purchase a home in Wildridge, they knew access to motorized vehicles was part of the deal and
they decided to move forward and buy, caveat emptor.
Additionally, any complaints of loud noise and speeding from UTVs is greatly exaggerated. Sure,
there is the occasional person who might exceed the speed limit, but it is very small minority.
We would not be opposed to posting of a speed limit sign, also some minor maintenance would
mitigate most of the dust, which I also understand if part of this group’s complaint.
When a government entity considers eliminating a citizenry’s cherished gift (which “full” access
to the forest certainly is) it really needs to seriously consider the impact and consequences, and
when you do, one can only conclude this move would be seen has a significant take away.
Thank you for listening. I don’t think many understand the significant time and effort you put in
being a Town Council member. It is considerable and appreciated.
Sincerely,
Rick Smith
Page 23 of 177
From: Caitlin Rapson
Sent: Sunday, October 4, 2020 9:48 AM
To: Council Everyone Group <council@avon.org>; devon decrausaz
Subject: Wildridge access
Hello thank you for reaching out! I am very much opposed to shutting down access to the trails in any
way! I believe it is what makes the mountains the mountains! Easy access! If they don’t want the noise
they can move! As far as the OHV vehicles on the road we use the roads to get into the mountains!
Every rider I have seen up in the community has been following the rules of the road, driving
responsibly, and make sure to keep distance from other cars or people using the recreational paths!
Thanks,
Caitlin Rapson
Page 24 of 177
From: Dee Wisor
Sent: Wednesday, January 27, 2021 8:04 AM
To: Council Everyone Group <council@avon.org>
Cc: Eric Heil <eheil@avon.org>
Subject: USFS Road 779
Mayor and members of Council:
At last night's meeting, Council member Thoun mentioned snowmobile access on 779.
I want to note that the closure of 779 to motorized access in winter is in place to protect the deer and
elk that winter north of Wildridge, This, like other closures in Avon and the Valley more generally, puts
less stress on the wintering herd which increases winter survival and reduces impacts on the number of
fawns and calves including mortality and low birth weight. I volunteer as a Trail Ambassador with Vail
Valley Mountain Trails Alliance. VVMTA runs the Trail Ambassador program in an effort to mitigate our declining wildlife population by educating and informing trail users as to why seasonal closures exist.
Also, please remember that the Wildridge Community survey reflects that 43% of respondents
supported no motorized use of 779 while 32% supported motorized use. The survey responses support
maintaining Road 779 for recreation uses, but only a third of respondents support continued motorized
vehicle use. It is also of note that a substantial number of renters support motorized vehicle use,
however, a near majority of property owners who are either full or part time residents are opposed to
continued motorized vehicle use.
For the benefit of Council members Andrade and Hardy, I am setting forth below my
contact information two communications that I sent to Council last year.
Thanks for reading.
--
Dee Wisor
4730 Wildridge Rd. E
Unit B
PO Box 9737
Avon, CO. 81620
Page 25 of 177
From: Dave Wilkison
Sent: Friday, January 29, 2021 9:13 AM
To: Council Everyone Group <council@avon.org>
Subject: motorized access om Wildridge
Council,
We use the Avon roads to get from our house to the public lands all the time. 779 &7171b
This is part of why we selected the Wildridge neighborhood way back in 1990.
The forest service has already shut down snowmobiling.
You have a large number of us that live in Wildridge that do so for the outdoor access and shutting it
down is wrong.
I started using the roads with my parents then my kids and now my grandkids.
We I urge you to consider a way to keep these trails open for all to enjoy.
Thanks,
Dave Wilkison
Page 26 of 177
From: Colin Meiring
Date: February 1, 2021 at 2:35:36 PM MST
To: Sarah Smith Hymes <shymes@avon.org>, Scott Prince <sprince@avon.org>, Amy Phillips
<aphillips@avon.org>, Chico Thuon <cthuon@avon.org>, Tamra Underwood <tunderwood@avon.org>,
Lindsay Hardy <lhardy@avon.org>, Russell Andrade <randrade@avon.org>
Subject: USFS 779 winter access and improvements
Dear Avon Council
This is my 2nd letter in opposition to improvements and Winter access to USFS 779.
My 4660 North Point property backs up to this access road.
The forest service gate is thankfully closed this winter, but there has still been snowmobile activity on
the road, through my property and damage to my neighbors driveway guardrail from snowmobile
trespassing.
Unfortunately, it always takes just a few to ruin the opinion for all.
I received an email fro Dee Wisor, my East neighbor. The e mail is attached below.
There seems to be a strong opinion and a specific group advocating for improvements to the road and
winter snowmobile access.
Below are my concerns:
1. More use will mean more traffic in Wildridge.
2. More traffic means more speeding which will impact pedestrians, cyclists, children, and animals.( I
already witness high speed traffic through the North Point /Wildridge STOP sign intersection, daily.
most cars don’t even pretend to slow down)
3. Street parking will also impact pedestrians, cyclists, children, and animals who walk or ride on
Wildridge Road.
4. There will be adverse impacts on wildlife. My personal observation, having lived in this location
since 2013, is that I am seeing fewer deer and have not seen an elk in Wildridge for two years.
5. There will be more noise, particularly from snowmobiles, ATVs and dirt bikes.
I urge you to please collaborate with the US forest service and try conduct a wildlife impact statement
before allowing indiscriminate year round vehicle usage on this road.
Thank you for your time, energy and service to our community.
Colin
Page 27 of 177
From: NLB Horton
Date: February 8, 2021 at 11:05:03 AM MST
To: Sarah Smith Hymes <shymes@avon.org>, Scott Prince <sprince@avon.org>, Amy Phillips
<aphillips@avon.org>, Chico Thuon <cthuon@avon.org>, Tamra Underwood <tunderwood@avon.org>,
Lindsay Hardy <lhardy@avon.org>, Russell Andrade <randrade@avon.org>
Subject: Access Road 779—no snowmobiling!
Dear Mayor and Council Members:
I'm writing to express concern that you're still considering opening Road 779 for snowmobile access.
Although you do some wonderful work, such as the (fabulous) landscaping in the
roundabouts, you're missing the point about snowmobiling in the neighborhood that I've enjoyed so
much for the past decade-plus.
Most of your constituents live here for the privacy and quiet, two assets that will evaporate with the
introduction of snowmobiles. There are so many places to snowmobile in this valley, why contaminate
the only pristine neighborhood, and arguably, the only truly traditional neighborhood, in Avon? Even
though snowmobile access might serve a few people—a house right next to the access road has a trailer
full of snowmobiles, so it would be great for them— you're polluting the lifestyle of the many (and
threatening our diminishing wildlife) who'll have to listen to these machines. When my husband and I
want to snowmobile, we go to the Pass, where we're not interrupting the lives of anyone.
Secondly, we already have trespassing issues with some of the dirt bikers. (I back up to June Creek, and
they try to cut through our yard. With Walking Mountains taking down the fences last spring I
anticipate even more trespassing problems this summer.) Some of these same guys (sorry, but I
have yet to see a female doing this) don't obey traffic laws and drive with reckless abandon. Why open
our neighborhood to the winter equivalent of these entitled, dangerous dirt-biking yahoos who
give responsible dirt-bikers a bad name? Open the gate, and you know that they'll come.
Lastly, I walk the loop several days a week, and between bicyclists and dirt-bikers, even the pedestrian
lane can be dangerous because people are texting while driving, cutting across the lines, speeding. Why
add snowmobilers to the list of threats to pedestrians—all of whom live in this neighborhood and pay
property taxes to support the town?
Please don't open 779 to snowmobiles.
Norma Horton
Page 28 of 177
From: Tab Bonidy
Sent: Tuesday, February 9, 2021 1:47 PM
To: Council Everyone Group <council@avon.org>
Cc: Devon DeCrausaz
Subject: Forest Service Road 779 and 717.1B
Councilmen and Councilwomen:
Please understand the importance of these two roads and all of the rest of the roads above the Wildridge
neighborhood including 734.1, 700.1, 701.1 and 433.1 are to the residents of the Wildridge community as
well as half of Eagle County. These roads have been a source of recreation on four-wheelers,
motorcycles, mountain bikes and snowmobiles for years. They provide access to all people including
those that are disabled and unable to hike. The Forest Service is out of control in their quest to close
these roads. These are OUR ROADS as citizens of this great Country and this community and provide
access to the National Forest, OUR FOREST. Please do everything in your power to keep the Forest
Service in check and under control to prevent these closures during ALL seasons. Thank you.
Tab Bonidy
331 Nottingham Road #7B
Avon, CO 81620
Attachments: none
Page 29 of 177
From: Dave Wilkison
Sent: Wednesday, February 24, 2021 2:36 PM
To: Council Everyone Group <council@avon.org>
Cc: Devon Decrausaz
Subject: Forest Access
Avon Town Council,
My wife and I purchased our lot and built our home in Wildridge in 1990 and one of the main reasons
was the National Forest Access.
I raised my 2 kids using the access and now my Grand Kids.
We access the Forest Service roads with Side by Sides 4 x4’s Mountain bikes and used to with
Snowmobiles and also hunting.
This has been used to show many guests the Colorado backcountry.
The loss of this would change why we live in Wildridge…
Please help us keep this open to my grand kids and friends for years to come.
Thank you,
Dave Wilkison
Page 30 of 177
From: Rick Smith
Sent: Thursday, February 25, 2021 4:21 PM
To: Council Everyone Group <council@avon.org>
Subject: Don't be Fooled
I’m writing to let you know of the real motive, which I think you do but just in case, of a very vocal
minority who live in Wildridge by the Red and White (R&W) access. They claim they are protesting OHV
access for “Environmental Issues”. Don’t be fooled, it is strictly because they don’t want to be
“bothered” by the noise of motorized vehicles going up R&W, even though when they purchased their
properties they knew darn well of this situation. By the way, if they were truly concerned about the
environment they’d know that if access is shut down or limited then Wildridge Residents will have to
load up their OHVs on trailers, pull them with their truck to open access points miles away, burning up
much more fuel. Their argument is nothing more than a “red herring” trying to cover up their real
rationale.
This vocal minority is also ignoring the needs of citizens who are simply not physically able to either walk
or bike up R&W and enjoy the forest in their neighborhood. This group of citizens can’t not be ignored
because of a handful of people who don’t like the noise.
Sincerely,
Frederick Smith
Page 31 of 177
From: Steve & Cris Nelson
Sent: Tuesday, March 2, 2021 7:51 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge Access Road
Hello,
We are joining the many residents in Wildridge to cast our very strong opinion to keep the Access Road
open to motorized vehicles in the same manner that it has always been. These are historic access roads
that no one should shut down. We have owned this home as our primary residence since 1994 and have
been riding these trails since 1983. This should not even be an issue that we all have to worry about
because of some new homeowners who want to change things. What should be changed is the location
they choose to live if this long-time access is an issue for them.
We do not feel there is any issue in Wildridge with people driving their off-road vehicles on the roads to
the access points. It is not a problem and we ask that you just leave things as is. We also feel there is no
need for additional rules, committees or covenants in this neighborhood. There are a significant number
of primary residents in Wildridge who have lived here for many years and we all enjoy our evening
cruise on the trails or exhilarating daytime adventure. Most who access are very respectful and
protective of the area and should not be punished as a result of a very small minority of what appears to
be newer residents. This is what living in Colorado is all about and those that do not want that are
perhaps living in the wrong area.
Thank you for your time,
Steve and Cris Nelson
Wildridge Homeowners
Page 32 of 177
From: Joe O'Malley
Sent: Friday, March 5, 2021 8:14 AM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge Motorized Access
I am writing this morning in support of opening, and maintaining motorized access from the Wildridge
neighborhood to the White River National Forest. Year after year, more and more motorized access is
closed while other user groups are seeing more trails and access. Access to OUR National forest is an
amazing part of living here in the valley and the reason why many of us choose to do so.
Motorized use should not be singled out amongst all user groups and can be done in a responsible
manner. This can be accomplished through signage, restrictors, gates, seasonal closures, and other
means. Motorized vehicles on National Forest lands are also subject to decibel limits on their exhaust.
This access is the reason when I first moved to the valley that I moved into that neighborhood. It is
uniquely situated to allow access to all user groups and activities. Do not punish one user group because
of a few bad apples.
We can maintain this access in a manner that satisfies all parties and does not discriminate against one
user group. No one is asking for a bunch of parking or infrastructure, just simply being able to get into
and enjoy our national forest.
Regards,
Joe O'Malley
Page 33 of 177
From: Jack Gardner
Date: March 6, 2021 at 11:33:23 AM MST
To: Sarah Smith Hymes <shymes@avon.org>
Cc: Eric Heil <eheil@avon.org>, Paul Wisor <pwisor@garfieldhecht.com>
Subject: OHV Use of FR779 and Wildridge Roads
Dear Madam Mayor —- I have tried to file a comment on the FR779 project on the engageavon site, but
I could not register because my email was not verified. As you know, Greer and I have lived full-time in
Wildridge for 21 years and we maintained a second home here for six years prior to that.
The Forest Service closed winter access for OHV to FR779, and it should remain closed. This closure is
necessary for wildlife protection, particularly elk calving, and since the winter closure, the incidence of
snowmobile use of public roads has been significantly and appropriately reduced.
Summer access for OHV to FR779 is reasonable. However, the use of Wildridge roads by unlicensed dirt
bikes and ATVs, often driven at high speeds by unlicensed, underage drivers, must stop. I have reported
this abusive use on numerous occasions to the Avon police, but I have never had an appropriate
response. I now read in Chief Daly’s report of February 18 that the police have ignored these violations
for at least 15 years.
In view of the results of last Summer’s Wildridge Community Survey, showing only minor support for
motorized access via FR779, Town Council needs to take action. An ordinance, consistent with the
Wildridge Protective Covenants and state statutes, strictly limiting or prohibiting OHV use of all Avon
streets, should be enacted and enforced.
Jack Gardner
Page 34 of 177
From: pam warren
Sent: Sunday, March 7, 2021 2:51 PM
To: Council Everyone Group <council@avon.org>
Cc: pgwarren
Subject: Off Highway Vehicle Use of FSR 779
Dear Madam Mayor and Avon Town Council Members.
We support the Forest Service decision in 2011 to close winter access all motorized use and subsequent
decommissioning of FSR 779. We believe FSR 779 should remain closed to protect wildlife and reduce
Greenhouse Gas emissions as detailed in the Eagle County Climate Action Plan.
Additionally, serious consideration should be given to closing access to dirt bikes and ATVs in the
summer as both are serious polluters of the environment.
Below please find our comments and concerns relating to this matter.
OVERVIEW:
Over the past 2 decades, we have listened, with interest, to a number of Avon Town Council
members who have endorsed a variety of initiatives that are designed to protect the
environment.
In the recent town ordinance 17-08 the Town documentation states: “Whereas the Town has a
duty to protect the natural environment, economy and health of its citizens and guests, and the
Town is committed to ENVIRONMENTAL STEWARDSHIP.
We applaud that position and by way of example, recognize that the Avon Town Council have
taken several steps to provide environmental leadership in a few areas such as the ban on
plastic bags, and support for e cars and busses and e charging stations to help reduce
Greenhouse Gas emissions by 25% by 2025 and 80% by 2050. While the Eagle County Climate
Action Plan indicates transportation and mobility is a key area of focus to achieve these goals,
they do not discuss the impact of OHVs (Off highway vehicles) such as ATVs, dirt bikes or
snowmobiles on the environment. We believe that ignoring the impact of OHVs is not in the
best interest of the town's commitment to environmental stewardship.
According to an EPA report, a dirt bike operating for an hour generates as much pollution as 20
automobiles operating for an hour. Thus, it seems as though this should also be an area of
concern for the Avon Town Council.
Our question we would like to pose to each Town Council Member is: If you believe that Forest
Service Road #779 should be reopened, and you are committed to providing leadership in the
area of environmental protection and stewardship, have you also considered the following?
ENVIRONMENTAL IMPACTS FROM SNOWMOBILE USE:
Page 35 of 177
According to a study by Winter Wildlands Alliance in Idaho, Snowmobile noise and activity
disturbs wintering wildlife -causing stress, elevated energy expenditures, and changes in habitat
use. In turn, these impacts can displace wildlife from their preferred habitat or even reduce an
animal’s chances of surviving the winter.
IMPACTS TO AQUATIC AND TERRESTRIAL ECOSYSTEMS:
Pollution from snowmobile exhaust accumulates in the snowpack and is released during
spring snowmelt, elevating the acidity of nearby surface waters, possibly having a negative
impact on health of fish in local streams.
SOIL AND VEGETATION DAMAGE:
Snowmobiles cause significant damage to land cover through direct physical injury to plants
and increased erosion in areas with inadequate snow cover. Snowmobiles compact the snow,
affecting vegetation growth and development later in the year.
IMPACTS TO AIR AND WATER QUALITY:
Snowmobile exhaust contains dangerous levels of airborne toxins including nitrogen
oxides, carbon monoxide, ozone, aldehydes, butadiene, benzenes, and extremely persistent
polycyclic aromatic hydrocarbons. These pollutants degrade air quality and alter snow
chemistry.
NOISE POLLUTION:
Snowmobiles are loud and can be heard across vast distances, severely affecting the
winter soundscape. This noise disturbs wildlife and is a primary factor in non-
motorized/motorized user conflict. Scientific evidence indicates that over-snow vehicles (OSVs)
produce significant impacts on animals, plants, soils, air and water quality, and the ecology of
entire winter ecosystems. OSV impacts to wildlife and wildlands represent a negative cycle
where one impact leads to and compounds the next, and where the synergistic impacts cascade
into major, long-term, and potentially cumulative adverse impacts. While the severity of OSV
impacts will differ depending on the site-specific characteristics of an area, OSV use
clearly impacts any winter ecosystem on which it occurs.
SIERRA CLUB COMMENTS ON ATVS, SNOWMOBILES, DIRT BIKES AND ENVIRONMENTAL
IMPACT:
According to Sierra Club, about 30 percent of all motor vehicle use is for social and recreational
purposes. That’s a fairly substantial gust of greenhouse gas, thanks to these vehicles'
consumption of approximately 36.8 billion gallons of gasoline a year. Since cars and trucks emit
19.64 pounds of carbon dioxide (CO2) per gallon, the total recreational emissions would be
Page 36 of 177
around 357,000,000 tons, or about 20 percent of total US carbon emissions from motor
vehicles.
Other motorized amusements require a fairly staggering 2.2 billion gallons of gasoline, with jet
skis and pleasure boats combined accounting for 1.4 billion gallons; ATVs 594 million gallons;
snowmobiles 188.5 million gallons; and dirt bikes 87 million gallons. All these fabulous toys soak
up 1.6 percent of the 143 billion gallons we consume in the United States annually overall. But
because a number of these devices use dirty two-cycle engines instead of the four-cycle engines
in cars, their share of total pollution is vastly higher than their 1.6 percent share of gasoline
consumption.
In summary to all of you “Will you walk the Climate Action Plan walk”? Or simply “talk-the-
talk”?
Best,
Pam and Peter Warren
Wildridge Residents
Page 37 of 177
From: Dan Lambert
Sent: Monday, March 8, 2021 9:30 PM
To: Council Everyone Group <council@avon.org>
Subject: Fwd: Neighborhood access on forest roads and trails
>
> Thank You for your time,
>
> Hello, my name is Daniel Lambert. I am a 47 year old Eagle county citizen of 25 years and an active
back country athlete who enjoys dirt and snow mechanized/motorized & non mech/moto activities
including ample time maintaining local trails for all to enjoy.
> I have a deep understanding of the importance trails provide on multiple levels. Although I could write
a book on the subject, I want you to please understand with this short version the gold mine that is our
open space. I consider our forests and open spaces a true gold mine because we get out of it what we
put into it. It is becoming obviously clear the effects on a variety of levels. One point of great concern is
the negative effects brought on as a result of prejudice biases that has led to a mismanagement of our
public land access points. As more people have been moving to this area and buying property more land
has been denied access, more trails have been closed or only allowing certain means of access. This has
increasingly changed the dynamics of our local community in an increasingly negative way. There are
false narratives that myself and others expect our local leaders as well as state and local government
officials to be able to decipher in order to protect the mental wellbeing of citizens and at the same time
make land use decisions that positively effects sustainability of the lands and wildlife. We can do so
much better than this train wreck direction we’ve been going towards.
> I urge you to consider putting a stop to such ideas as closing neighborhoods access points. Closing any
neighborhood access to a specific means of travel, especially travel by mech/moto is extremely short
sighted. A vibrant healthy sustainable community can only be possible if we all work for each other
together.
Best regards,
Dan Lambert
Page 38 of 177
From: Doss Malone
Sent: Monday, March 8, 2021 10:01 PM
To: Leanne.velduis@usda.gov; Council Everyone Group <council@avon.org>
Subject: Forest Access via FSR 779 in Wildridge
Dear Avon Town Council and Ms. Veldhuis,
I moved to Wildridge in 1995 and have lived one lot over from the access point to FSR 779 on
Wildridge Rd since 1997. I grew up in Colorado and in addition to backpacking and climbing peaks,
4 wheeling has always been a big part of getting away into the forest. Being close to 4WD access
was a big factor in moving here and has been an ongoing source of enjoyment over the years.
I was injured several years ago in a cycling accident and I’m paralyzed in a wheelchair now. Before
my accident I’d climbed many major peaks in Colorado and Wyoming and most of the peaks in the
Eagles Nest, Holy Cross and Maroon Bells-Snowmass Wilderness Areas. Now I just enjoy the view
and my only access into the forest is via 4WD. I have an old landcruiser with hand controls and I can
easily access the forest via the road I know well out of Wildridge. When I was raising my family, 779
was a great way to get small children up into the forest easily. With my disability it’s the only way for
me to get away from the increasing hustle and bustle of the valley with my daughter, friends or
alone. June Creek (717) is a long haul for me and adds a degree of difficulty when all I want to do is
pop up to one of the meadows not far above the house for a picnic or to take in the magnificent view
and watch the sunset. Without 779, I’d have to make the long slog up June Creek or drive around to
Piney or Muddy Pass to access the forest behind my house. Everything I do is a challenge and
removing summer motorized access on 779 would create a huge barrier for me to get into and enjoy
the White River National Forest.
I moved into this house knowing it was next to the 4WD road. There’s always been a noise issue
with the two cycle engines cruising by but I always thought of it as the sound of freedom as someone
was going to enjoy the forest. Since the jeep tours have stopped coming through here, the amount of
traffic using the road has been much less than when I moved in.
I’ve been enjoying the outdoors all my life. My family has a ranch in Wyoming where we respect the
land and I know summer use of the road behind my house has little or no effect on the wildlife which
I’m sure CPW can confirm. The winter use does need examination, especially with the Berlaimont
project recently approved by the FS. I imagine that will significantly alter the dynamics of the deer
and elk winter concentration areas.
I hope the town and the FS can preserve the unique legacy access to the forest via 779 and keep an
important link to the forest open for Everyone who enjoys the peace and quiet away form the hectic
valley floor and the unnatural resort environment. If I can’t access the forest behind my house, there
is little reason to continue living here.
Doss Malone
Page 39 of 177
From: Spencer Ball
Sent: Monday, March 8, 2021 11:23 PM
To: Council Everyone Group <council@avon.org>
Subject: Spencer Ball Comments, Off Highway Vehicle use on public roads in the Wildridge sub-division
Hello TOA and Whom it May Concern,
I moved to Eagle County in 2000 and finally climbed my way up to my dream home in
Wildridge after 20 years of hard work. My wife and two kids have been in Wildridge for 5
years now an moved up here for many reasons but access to the WRNF and riding OHVs
easily from our home to the forest was a major priority for the Wildridge home purchase.
The adoption of an OHV ordinance similar to that of Eagle or Gypsum (Which I have enjoyed
for years), makes really good sense for our Wildridge community. Please consider approving
this ordinance, it would make my family and the vast majority of my neighbors very happy.
My wife and I will personally volunteer each weekend to help with an ambassador program
if needed to help educate our neighbors and anyone using OHVs in the neighborhood. The
purpose (especially in the first couple years of the new ordinance) would be to make sure
people understand this is a privilege, make sure they understand the rules, and thank them
for being extremely respectful by going slow and keeping of the throttle to reduce noise.
Doing “hot laps” around the neighborhood is not the objective here and will NOT be
tolerated by any OHV users or the community. Getting OHVs from point A to B is the goal
here and most everyone in our community understands it should not be abused.
I expect there is a very small but loud number of individuals in our community that are
against this ordinance and I feel they may have selected the wrong location to live. The
great majority of this community has either a dirt bike, quad, side by side, snowmobile,
mini-bike or some other OHV in their garage.
Thank you,
Spencer Ball
VP Sales
Page 40 of 177
From: Patricia Plavec
Sent: Tuesday, March 9, 2021 9:04 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV use on Wildridge public roads
Dear Avon Town Council,
I have lived in Wildridge for 21 years and have appreciated the ability to access the White River
National Forest to enjoy hiking, mountain biking, and dirt biking. I feel the TOA should adopt a
policy allowing OHV vehicles to drive on Wildridge public roads to access NFS trailheads.
Many towns, cities and counties, including our neighboring Eagle and Gypsum, in Colorado
have adopted such a policy. There are many residents who moved to Wildridge to enjoy the
easy access to the trails on their OHVs straight from their homes.
Over the past 16 yrs. there has been a very minimal number of documented complaints
regarding OHV vehicles on Wildridge public roads. Living just a few houses down from FSR779
I witness the OHV traffic that accesses this road and most everyone obeys posted traffic laws
and is respectful of their neighbors.
It is no secret that limited parking is an issue for both FSR717 and FSR779 and allowing
residents of Wildridge to ride their OHVs directly to the trailhead would minimize the number of
vehicles and trailers that would need to park at the trailheads.
I appreciate you considering adopting an ordinance that allows residents to drive an OHV
directly to the trailheads.
Respectfully,
Patricia Plavec
Page 41 of 177
From: Deb Lathram
Sent: Tuesday, March 9, 2021 11:48 AM
To: Council Everyone Group <council@avon.org>
Cc: Deb Lathram
Subject: OHV Policy on town streets
Dear Avon Town Council,
I am a property owner close to the 779 forest service access. One of the reasons we moved to
Wildridge was for the forest access we had so close to our home. We love the area and have
raised our daughters loving the outdoors. I am a hiker and mountain biker. My husband and
girls all hike, mountain bike but also dirt bike. I am in support of allowing OHV vehicles to use
the public roads to gain access to our two forest service access points. We live about 10 houses
from the 779 access point if we are not able to ride our OHV to the access point we will need to
load up and trailer our bikes down ten houses, park on the street in front of one of our
neighbors' houses so we can ride the trail system.
All our dirt bikes contain mufflers and our quieter than the local UPS truck and other cars in our
neighborhood. We have taught our kids that they must abide by the rules of the road just as if
they are driving a car. I have seen people speeding in cars in our neighborhood but never seen a
person riding or driving an OHV speeding on the roads. I have been bussed by cars while I walk
the roads in Wildridge, and I have never had an encounter with an OHV vehicle. I have found all
OHV vehicle drivers/riders to be courteous and respectful of others on the roads.
I would encourage the Avon Town Council to adopt an OHV policy like Gypsum or Eagle. If the
town does not allow local OHV users to ride their OHVs on the roads to access our local forest,
then you are restricting many of the homeowners in Wildridge from using these access points
with their OHV's and only making them accessible to homeowners that live directly adjacent to
the access points. We love our Wildridge neighborhood and allowing OHV vehicles on the roads
to access our forest just makes our neighborhood even better. Dirt biking is one of the ways my
family spends their family time enjoying the outdoors and I would hate to see that restricted.
Thank you,
Debbie Lathram
Page 42 of 177
Memorandum -
Wildridge Covenants.
Research Studies
Related to Snowmobi
From: Devon Decrausaz
Sent: Tuesday, March 9, 2021 2:12 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV use on Public Roads in Wildridge
Dear Honorable Mayor Smith Hymes and Council Members,
My name is Devon DeCrausaz and I have lived in Wildridge for 23 years. I am passionate about the outdoors
and am addicted to the feeling of wellbeing I get from recreating in our backyard. It is my “flow” as they
would say in the 2011 documentary Happy.
I am lucky. I am able bodied, healthy and strong. I can hike or skin from my home to the top of Red and
White, bike the Avon Preserve trails, ride my dirt bike to the cabin in the Metcalfe drainage and backpack for
miles and miles hunting with my husband. Others are not as fortunate.
My neighbor, a paraplegic, can only access the Forest by motorized vehicle. He can only picnic with his
daughter in what he describes as “the sound of music” field if he is allowed motorized access. The disabled
are just one example. The elderly, those with small children, they should be allowed access as well.
Although this discussion is about OHV use on public roads, the opposition is making it about access. They
would have our Forest Service access roads decommissioned and access denied. This is not the answer and I
believe you know this. Outdoor recreation is paramount to our community. As a Town, you have shown
commitment to recreation in your support of our mountain bike trails. Please, now show your support to the
motorized community.
By adopting an ordinance allowing OHV use on public roads, the Town will show that it is committed to
motorized access.
Chief Daly did an amazing job with his report. He confirmed what my neighbors and I all know, OHV drivers
have been respectfully using the roads for many years. Please formalize the use and allow this to continue.
In your decision making process, should the concern arise regarding the Wildridge Covenants, kindly refer to
the attached Memorandum from Paul Wisor, Town Attorney dated June 14, 2020 in which he says in
summary “the dissolution of the WDC and Covenants Committee have made enforcement of the Covenants
impossible, and therefore rendered them essentially meaningless. It is clear the Town never has, does not
have, and never will have a duty to enforce the Covenants as currently constituted.”
You may also share a concern about wildlife. Please see the attached Research Studies Related to
Snowmobiling Impacts. This research clearly shows that wildlife is alarmed by man walking on foot and not
OHV’s. Check it out.
Assuming you decide to adopt an OHV ordinance, I would welcome the opportunity to talk through specific
details.
Thank you for taking time to read my comments and for all you do for our community.
Kindest regards,
Devon DeCrausaz
Page 43 of 177
From: ARTHUR YUAN
Sent: Tuesday, March 9, 2021 3:12 PM
To: Council Everyone Group <council@avon.org>
Subject: Public Road Access for OHVs
Dear Avon Council,
We live in Wildridge at 5792 Wildridge Road, the second home north of FSR 779 access and own two
UTVs. We are strong supporters for legalizing OHVs on public roads for our subdivision “Wildridge” for
access to FSR 779 and FSR 717, June Creek. We utilize both access points and would enjoy the legal use
of public roads to access both trails.
Over the past few years, we have seen more Wildridge homes own UTVs, ATVs, and motorized dirt bikes
to enjoy the access to these trails. It is only practical for us to access these trails by our subdivision
public roads. Almost all of the users are only using the public roads to access or return from the trails
and are obeying rules of the road. The trails are an important resource to our community and one of the
many reasons we chose to buy a home in Wildridge.
Thank you for your consideration.
Arthur and Elie Yuan
Sent from my iPad
Page 44 of 177
From: David Lau
Sent: Monday, April 12, 2021 11:02 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV Ordinance to drive from private homes to recreational trailheads
Hello,
I am for an ordinance allowing OHVs on public streets to access recreational trailheads in both summer
and winter seasons. I live in Wildridge and use these trailheads frequently. This is a huge reason why I
live and remain living in Wildridge. I think we need to advocate to some of the OHV riders to obey
speed limits while on the public streets in order to maintain our on street riding privilege to access the
trail heads.
Please let me know if you need any further input.
Thank you for your consideration,
David G. Francis-Lau
Page 45 of 177
From: JULIE OZOG
Sent: Monday, April 12, 2021 7:29 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV Use on Town Streets
As a long-time Wildridge resident, I am emailing to let you know I support allowing OHV
to be driven from private homes to the trails. It's such an amazing gift to live in
Wildridge to mountain bike and to dirtbike ride from our homes.
Julie Ozog
Page 46 of 177
From: Susan
Sent: Tuesday, April 13, 2021 10:52 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV on Avon public roads
I am in favor of the status quo for OHV on Avon's public roads. As a
Wildridge resident, my primary concern is for the safety of pedestrians, dogs
on leash, and drivers. I oppose any increase in allowances for OHVs in
Avon.
Thank you for your service to our town.
--
Susan Wilke Gruber
Page 47 of 177
From: Devon DeCrausaz
Sent: Tuesday, April 13, 2021 12:31 PM
To: Council Everyone Group <council@avon.org>
Subject: Quote from Minturn Town Manager re OHV use on Town Streets
Good afternoon,
I reached out to the Minturn Town Manager. Below is her response:
For a quote on OHVs on Town streets:
“Minturn has allowed snowmobiles on town streets for quite some time with minimal issues at
the staff level. This activity fits within the Town’s Community and Strategic Plans as part of the
character of a small mountain town community.”
Michelle Metteer
Town Manager
Minturn, CO
970-827-5645 e8
Thank you!
Devon
Page 48 of 177
From: Craig Lathram
Sent: Tuesday, April 13, 2021 1:24 PM
To: Council Everyone Group <council@avon.org>
Subject: Support of OHV on public streets in Wildridge
Hello,
This email is in support of continuing to allow OHV on public streets in Wildridge for the
purpose of trail access. The direct trail accesses in Wildridge are a community treasure
and one of the primary reasons many of us purchased our homes here. Think of a
home purchased with the (grandfathered) right of ski in/ski out resort access. If that
access were to be revoked, wouldn’t the homeowner’s rights/property vaIues/lifestyle be
negatively and unfairly affected?
I live approximately ½ mile from the 779 entrance and regularly see OHV vehicles
heading to and from the trails through my front window. In the nearly 5 years I have
lived here, I have not felt like an OHV heading to/from the trail was disrespectful, too
loud (louder than typical service vehicles like trash/construction/delivery) or driving at an
unsafe speed. My point is that OHV access in Wildridge to/from the trailheads is not the
nuisance some would like you to believe. There's just not enough evidence to support
that position.
Case in point:
• Noise. The reality is that all OHV vehicles in the USFS are required to have
silencers and spark arrestors which makes them quieter than the many
trash/construction/delivery vehicles in the neighborhood daily
• Pollution. In fact, the majority of OHV vehicles manufactured today are fuel
injected 4 stroke engines. And KTM, which has over 80% of the off-road dirt bike
market, has committed to 2 stroke fuel injection for the future. Their dirt bikes
have met the more stringent European air quality standards (which not only
exceed Federal US standards, but CA emission standards) since 2017
• Speeding. Let's see the ratio of speeding tickets per number of OHV users vs
number of speeding tickets per number of automobile users
• Safety. Whose? Not the operators with helmets or inside roll cages
What really seems to be going on here is a hypocrisy that thinks their lifestyle choices
somehow have lesser impact on our community than the relatively few OHV
homeowners who intermittently access our local trails.
In conclusion, I obviously support continued OHV access to existing trails as it's simply
supported by historical use and common sense.
Thank you,
Craig Lathram
Page 49 of 177
From: Robert
Sent: Tuesday, April 13, 2021 2:55 PM
To: Council Everyone Group <council@avon.org>
Subject: Proposal for adoption of ordinance change for OVH travel in Wildridge
Wildridge_OHV.pdf
Avon Town Council,
My name is Robert Tadlock and I'm with Rocky Mountain Sport Riders, which is a non-profit organization
here in the Valley that works on preservation and expansion of two wheeled riding opportunities in and
around our local public lands. Please find attached a letter of support for allowing OHV travel on
public roads in Wildridge. I will be attending the meeting this evening if you have any questions and
appreciate your time and the opportunity to provide some input.
Robert Tadlock
Page 50 of 177
From: korby fleischer
Sent: Tuesday, April 13, 2021 3:19 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV Public Streets
Good Day,
I’m in support of OHV on public roads to access trail heads. I am also in support of keeping open / re-
opening all trail heads in Wildridge to the public in Winter and Summer.
Korby Fleischer
5756 Wildridge Rd East
Avon
Page 51 of 177
From: devon decrausaz
Sent: Tuesday, April 13, 2021 5:43 PM
To: Council Everyone Group <council@avon.org>
Subject: Memorandum - Wildridge Covenants.pdf
file:///C:/Users/randd/OneDrive/Documents/Forest%20Service%20Road%20779/Memorandum%20-
%20Wildridge%20Covenants.pdf
Here is a copy of that Memo.
Thanks!
Devon DeCrausaz
Page 52 of 177
From: Janet Testwuide
Sent: Thursday, April 15, 2021 7:03 AM
To: Sarah Smith Hymes <shymes@avon.org>
Subject: Forest service access
My husband, Paul and I have well over 100 years combined living in the Vail valley. We lived at
Sandstone until the noise from I 70 became an issue we couldn’t live with. We moved high up on
Wildridge for PEACE and SOLITUDE. We have a home with all windows that open to the great outdoors.
It is a dream home and a unique situation in a world where escaping noise is almost impossible. We
have put up with the random bikes traveling up the road to access. It’s annoying but there and gone.
Our vote, our desire, and our perception of being able to enjoy that which we pay DEARLY FOR, ( twice
the taxes we paid in Vail!) is for this to go away. Motorized vehicles are not allowed in the winter and
yet every winter we see snowmobiles up on the trail as we are snowshoeing, skiing. The police KNOW
who these people are( they are well connected to town hall) and yet they continue to break the law and
create an unpeaceful scenario. Why don’t we do the right thing for a change and STOP the noise
polluting, the fire possibilities and let people live in peace and quiet! What a novel idea. The BEST
THING WILDRIDGE ever did was to NOT have short term rentals. This is why WE BOUGHT HERE! These
are the covenants that make our neighborhood valuable and unique. You cannot place a value on quiet.
Thank you for listening. Janet&Paul Testwuide
Page 53 of 177
From: Jake Nourse
Sent: Saturday, April 17, 2021 9:00 AM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge Survey - Rd. 779
Hello,
I recently learned of this from the article printed in the Vail Daily. I’m not sure how home owners in
Wildridge were contacted for the survey, we were not. My wife and I purchased our home in May of
2019, one of the biggest selling points being the close proximity to both Rd. 779 and June Creek. We are
avid user of both trials, year round, for hiking, running, mountain biking, hunting and OHV use.
We bought into the lifestyle that Wildridge offers and love every bit of it. For the record, as
homeowners in the subdivision, we are strongly opposed to any closures.
Thank you,
Jake Nourse
Page 54 of 177
From: Carroll Tyler
Sent: Monday, April 19, 2021 2:35 PM
To: Council Everyone Group <council@avon.org>
Cc: Dee Wisor; Pam Warren; Janet McDavid
Subject: OFF ROAD VEHICLES
Dear Avon Town Council,
Why are we, who choose to live in Wildridge above the noise and commercialization of the Valley floor,
being challenged once again to protect our residential neighborhood?? We DO NOT WANT OFF
ROAD VEHICLES ON OUR STREETS OR ON US FOREST RD. 779. Speed and Noise are huge problems with
these. Opening this up would encourage commercial tours and traffic.
Look how the Town of Vail is now closing all parking on Booth Falls Road due to over usage. Monitors
are being hired for trail access at a cost of more than $35,000.00.
Wildridge hillsides are COMPLETELY DRY. One lightning bolt or spark form a vehicle on hot grass and
we have to be ready to RUN. Why don’t you all look at a second way out to escape disaster rather than
these dangerous requests from special interest groups?? The 18 deer living by my home would
appreciate it also.
Thank you, Carroll Tyler
Page 55 of 177
From: Lee dePaolo
Sent: Monday, April 19, 2021 7:55 PM
To: Council Everyone Group <council@avon.org>
Subject: Off road vehicles
I am a resident of wildridge at 5774 wildridge rd. I am very against having off road vehicles going back
and forth in front of my home. I moved to wildridge for the quiet Why should they be allowed to do so
here. Our neighborhood is residential and not backcountry. In addition, we don’t need more wear and
tear on our streets which would incur more costs for street maintainence. All in all a bad idea. Let’s kept
wildridge a pleasant place to live When people buy backcountry vechicles they know they have to buy
trailers to take them to backcountry locations.
Lee depaolo
Page 56 of 177
From: MARK KOGAN
Sent: Tuesday, April 20, 2021 2:30 PM
To: Council Everyone Group <council@avon.org>
Cc: Colleen Reitan; Debbie Shpall; Ronald Wolfe; Peter P. Copses; Dee Wisor; Jeff Snyder; Emily
McMurray Walz
Subject: Off Road Vehicles
Dear Town Council,
I have recently been appointed the President of the Mountain Star Homeowners’
Association. Previously, Jim Gustafson was President but he has sold his residence in Mountain Star,
with the closing scheduled for the next week or so.
I’m writing to you as a private citizen regarding the potential ordinance that the Town is contemplating
for off road vehicles. I, along with a great number of Mountain Star residents, are very worried about
the potential for off road vehicles on public roads. While I certainly don’t have all of the facts that you
have right now, here are my concerns:
• Liability - Avon has billed itself, and has worked hard to achieve its status, as a pedestrian-
friendly town. Were off road vehicles to be more prevalent on public roads, the potential for
these vehicles to become involved in an accident with pedestrians and automobiles would
increase significantly. If these vehicles do not carry liability insurance, then there is the potential
for lawsuits that could involve more than the parties to the accident. The Town could be
dragged into these lawsuits.
• Speed - It has been my experience that off road vehicle users are not as cautious regarding
speed and stop/yield signs as drivers of road-licensed vehicles. I again worry about speeding,
accidents and other safety and noise issues.
• Access to Trails - If we encourage off road vehicles in Avon, I believe that more traffic will be
created in the Wildwood region, which again is a family-friendly place. Aside from the
aforementioned safety concerns, non locals will not know our trails as well as locals. They could
easily migrate into neighborhoods, and we face the risk in Mountain Star both of hearing these
vehicles as well as having them stumble into Mountain Star’s private roads where they are not
allowed.
• Carbon Footprint - In a time where Avon is striving to reduce its carbon footprint (both in its
buildings and town vehicles), allowing off road vehicles on public roads seems to run contrary to
the Town’s messaging on reducing its carbon footprint. There are no electric off-road vehicles
of any import. So any ordinance allowing them on public roads will lead to more of them in our
community, resulting in more emissions and more noise pollution at a time when the Town is
seeking to reduce the same.
For the above reasons (and giving voice to others in Mountain Star), I respectfully but strongly
discourage any ordinance that will lead to poor road safety and more pollution.
Sincerely,
Mark Kogan (a private citizen)
Page 57 of 177
From: Peter Copses
Sent: Tuesday, April 20, 2021 3:03 PM
To: Council Everyone Group <council@avon.org>
Cc: MARK KOGAN
Subject: Fwd: Off Road Vehicles
Dear Town Council,
We are residents of Mountain Star and are writing to inform you that we whole-heartedly support all of
the comments made by Mark Kogan in his email below concerning the potential ordinance the Town is
contemplating that would allow off-highway vehicles on Avon’s public roads. We join Mark in urging you
to reject any such ordinance as it will lead to poor road safety, more noise and more pollution, among
other nuisances.
Thank you for your consideration.
Peter and Judy Copses
Page 58 of 177
From: Mike Rushmore
Sent: Tuesday, April 20, 2021 7:25 PM
To: Council Everyone Group <council@avon.org>
Subject: Thoughts on Off Road Vehicles on Our Avon Streets
I am writing this note to the Avon Town Council as a full time resident, property owner, and avid fan of
off road vehicles.
I own a total of four different off road machines including one which is a four place vehicle capable of
being driven on a public street. I use my machines often, primarily off road but to a limited extent on
public roads.
As I think about how I have used my machines over many years, as compared to using them on the
public streets of my home town, I see a complete disconnect.
The first issue is safety. Off road machines are designed and manufactured primarily to handle off road
conditions. The designers do this at the expense of on road handling and safety. While these machines
do of course work on a paved road, in heavy traffic, when driven responsibly, they do not in fact handle
well or do well in terms of survivability of a collision.
The idea of placing a family of four tourists in a machine designed for different conditions, and then
expecting them to navigate our roundabouts next to another visitor also trying to figure out how a
roundabout works, is a recipe for disaster.
The second issue is the distance of travel on the public street. The sole reason that I drove my off road
machines on a public road is to travel very short distances for the specific purpose of accessing a trail for
which the machine was designed. I do this when I need to reach an irrigation ditch in need of repair, or
some similar agricultural work. I do not commute in an off road machine, as much fun as that might be.
The idea of using an off road machine a very short distance to access a trail or a job seems reasonable,
but how does that harmonize with travel in the town of Avon? To my knowledge, we have very limited
off road access in Avon, and it is highly concentrated.
The third issue is impact on our public land and trails. Turning the entirety of our town over to off road
machines so that they can pour into a very few Avon trailheads strikes me as the wrong use of our public
roads, and a plan to over-run our few off road trails, turning them into the equivalent of streets
themselves.
My view is that off road machines are appropriate for off road - oriented communities surrounded by a
volume of trails able to absorb the traffic. That is not Avon, and therefore our streets should be
reserved for their highest, best and safest use.
Mike Rushmore
Mountainstar resident
Page 59 of 177
From: McDavid, Janet L.
Sent: Wednesday, April 21, 2021 9:53 AM
To: Council Everyone Group <council@avon.org>
Cc: Dee Wisor; John McDavid
Subject: Proposed Ordinance to Allow Additional Off Highway Vehicles in Wildridge
We are writing to oppose the proposed Avon Ordinance to allow additional Off Highway Vehicles (OHV)
to access the streets in Wildridge.
We own a home in Wildridge. The residents of Wildridge have previously expressed concerns about
enhanced traffic in a purely residential neighborhood, such as during the debate about bike trails several
years ago. The residents also have expressed considerable concerns about the fire risks in Wildridge,
especially because there is only one road that provides access to Wildridge, which poses a serious
problem in the event of emergency, such as fire.
The proposed ordinance may actually increase traffic from outside of Wildridge into our neighborhood
which would have a negative impact on the safety of pedestrians, traffic congestion, increased noise and
air pollution, etc. Threats to wildlife, as have been clearly documented by environmentalists and was
also true with respect to the proposed bike trails, are also of concern. Enabling increased volume of
motorized traffic to FSRs #779 and #717.1B could increase the risk of human caused wildfires.
According to the 2020 Wildridge survey, 78% of respondents gave the highest priority to developing a
second egress route out of Wildridge in the event of a fire or other emergency. As an alternative,
Council could focus their attention on this topic by seeking a second egress route out of Wildridge,
rather than enabling more traffic that may increase the likelihood of a wildfire in our backyards.
If the Town Council adopts the ordinance, please exclude Wildridge, which is a purely residential
community, unlike many of the other roads in Avon, many of which are either commercial or mixed use.
Janet and Gary McDavid
Page 60 of 177
From: Joel Matta
Sent: Friday, April 23, 2021 11:04 AM
To: Council Everyone Group <council@avon.org>
Subject: Off road vehicles allowed limited travel on Avon public roads
Dear Avon Town Council,
You have received a letter from Mr Mark Kogan attached below which was copied to Mountain Star
Residents.
Mr Kogan has identified himself as the President of the Home Owner’s association of Mountain Star
however, please note that he is writing as a single private citizen and does not purport to represent the
views of any other Mountain Star residents.
I am also a Mountain Star resident writing as an individual and have an opposite point of view to Mr
Kogan. I strongly support the legal access for travel on Avon roads for appropriate distances of
individuals operating unlicensed off road vehicles (motorcycles, 4 wheel vehicles) for the purpose of
accessing appropriate recreational areas. Keep in mind that many individuals in golf communities drive
their unlicensed golf carts on public roads to and from the golf course. How can loading a dirt bike or 4
wheeler onto a trailer behind a pick-up truck to go a short distance to the recreation area help carbon
footprint and pollution?
I do not own any off road vehicles. I do not participate in operating off road vehicles. I currently have to
plans for ownership or off road motor vehicle activity. In summer I enjoy golf, trail hiking and some
mountain biking. In the winter I enjoy cross country and downhill skiing. When I moved here from
Southern California however, in 2017 I was very favorably impressed by the Western Colorado Culture
of outdoor sport activity. Outdoor sport here has a very wide definition of hiking, climbing, skiing,
snowmobiling, hunting, fishing, dirt motorcycles, 4 wheeling, etc. Many individuals do a wide variety of
these activities.
Even though enjoying motor vehicles off road is not something I do, I know it is enjoyed by many and
part of the Western Slope culture that I have no intention of trying to alter. To me, co-existence and
sharing our wonderful outdoors with others and their activities is important. For example, sometimes
while hiking I have shared a trail with a dirt bike(s) or have encountered a snowmobile while cross
country skiing.
In reference to Mr Kogans letter, we can always imagine liabilities and dangers but we also need a
balanced point of view. Probably the 5000cc 500hp turbocharged Porsche Cayenne that I drive up and
down Buck Creek road to my home has a bigger carbon footprint, causes more pollution and travels at a
higher velocity than a transiting 250cc dirt bike.
Sincerely,
Joel Matta, MD
Mountain Star Resident,
Surgeon, The Steadman Clinic
Page 61 of 177
From: Colleen Reitan
Sent: Tuesday, April 27, 2021 2:21 PM
To: Council Everyone Group <council@avon.org>
Subject: Off Road Vehicles
Dear Avon Town Council,
My husband and I are residents of Mountain Star with a property situated towards the Wildwood
development. We have recently been informed that the City of Avon is reviewing a change that would
allow off road vehicles to access the roads in Wildwood connecting them to trails in the national forest
behind the community.
I am very concerned about this proposal. More than once we have encountered hunters who have used
the Mountain Star private roads to leave after accessing the National Forest via the Wildwood area. We
are very concerned that this type of activity will increase if off road vehicles are allowed in the
area. While the issue of encountering hunters alone is concerning, there are other concerns I have with
this matter:
-- Increased fire risk: With any increased access to the wilderness area behind residential areas we all
must consider the grave issues of wildfire. As you know, the vast majority of wildfires are human
caused. If off road vehicles are allowed, this will increase the ability to bring more supplies, stay longer
and disrupt the environment. Careless use of stoves or campfires is a reality in our surrounding forests,
encouraging the use of off road vehicles so close to residential areas seems only to make wildfires more
likely and the consequences more severe.
-- Liability: Avon has worked hard to achieve its status as a pedestrian-friendly town. Were off road
vehicles to be more prevalent on public roads, the potential for these vehicles to become involved in an
accident with pedestrians and automobiles would increase significantly. If these vehicles do not carry
liability insurance, then there is the potential for lawsuits that could involve more than the parties to the
accident. This type of liability will only increase costs for the City of Avon.
-- Access to Trails: By encouraging off road vehicles in Avon, more traffic will be created in the
Wildwood region. Wildwood is a family neighborhood, and increased traffic creates risk for children and
other resident use. Also, if non locals, who do not know our trails as well could easily migrate into
neighborhoods. We face the risk in Mountain Star both of hearing these vehicles as well as having them
stumble into Mountain Star’s private roads where they are not allowed. As I mentioned above, it
already happens during the hunting season, and this would only encourage more adjacent use.
For these reasons and others I sincerely oppose the creation of an ordinance that allows off road
vehicles on Avon roads. I'm happy to respond as needed.
Thank you for your time. Colleen Reitan (908 Chiming Bells)
Page 62 of 177
From: pam warren
Sent: Monday, May 3, 2021 9:33 AM
To: avoncoucilweb@avon.org; Council Everyone Group <council@avon.org>
Subject: Survey Says: Oppose OHV Ordinance
Mayor Smith-Hymes and Members of the Avon Town Council:
It's hard to believe it's only been 10 months since the Wildridge 2020 survey was launched. An
overwhelming number of Wildridge owners and residents (798) took the time to take the
survey. The Council now has access to a data base that provides a clear picture of subject
matters that continue to be very relevant to members of our neighborhood. The survey results
should not be ignored.
Here is a summary of salient points.
The top 3 issues voiced by 70% or more of the respondents were:
1. Establishing an emergency only evacuation route on June Creek. Result: town is working
toward a solution. We would like to hear more details on project status.
2. Protecting Open Space and not allowing community housing to be built on tracts
designated as “Open Space”. Result: Proposed Wildwood Community Housing Project
cancelled.
3. Opposing short-term rentals on a limited or full-time basis. Result: No Short-term rentals
allowed in Wildridge.
Thank you, Council members for addressing some of our top concerns. I would also like to point
out some additional relevant points gleaned from the survey that should be taken into
consideration by the Council.
o Traffic. Speeding is a major issue. Safety is a priority and we need more
enforcement.
o The covenants have value and need to be protected.
o Strong desire to maintain the quiet, residential character of the neighborhood.
• Additionally, the survey results validate that 44% of the residents are in favor of
discontinuing Off-Highway Vehicle (OHV) use on FSR #779 while 32% are supportive of
enabling motorized vehicle use.
• 55% support passive use of FSR #779 for walking or biking and 20% don’t use at all. 17%
are users of ATVs, 4 by 4s, dirt bikes (OHVs) and 4% are snowmobile users. (currently
illegal on 779)
We recognize that there are differences of opinion on the proposed OHV ordinance being
discussed at the May 11 meeting. That said, if the Town Council takes a position that favors
the adoption of an ordinance that changes the municipal code to promote legal use of OHVs
on defined roads in Wildridge that would be in sharp contrast to the input from a majority
of residents who are opposed to that proposal and believe it would:
Page 63 of 177
1. Generate increased traffic and speeders on our streets and with limited enforcement
this is a major safety concern.
2. Increase risk of wildfires due to increased OHV usage on 779, another major safety
concern.
3. Negatively impact the quiet, residential character of neighborhood due to additional
traffic and anti-social noise from loud exhausts of OHVs.
4. Violate the covenants which prohibit recreational off-road vehicles on any public street
or land within the subdivision except for emergency or maintenance purposes.
Bottom line: An ordinance that is consistent with the Wildridge Protective Covenants and State
Statutes that strictly limit or prohibit OHV uses on all Avon streets should be enacted and
enforced.
Thank you for taking the time to seriously consider the input you received from so many people
who recently participated in the Wildridge 2020 survey.
Regards,
Pam Warren
Wildridge Resident since 2005
Note: For Wildridge residents and council members who haven’t done so, you may want to take
a closer look at the last 10 pages of approximately 300 comments from the residents, located on
page 30-39 of the survey results posted on the Avon web site. PowerPoint Presentation
(avon.org).
Page 64 of 177
From: pgwarren
Sent: Monday, May 3, 2021 9:42 AM
To: Council Everyone Group <council@avon.org>
Subject: Please Vote No on OHV Ordinance
Mayor Smith-Hymes and Members of the Avon Town Council:
Rumor has it you have not heard much opposition to the proposal to allow Off-Highway (motorized)
Vehicles (OHVs) to operate of Avon’s public roads. Here are some counter arguments we’ve heard to-
date:
Wildridge Covenants
Some historical facts including:
- 2016 – A proposal to create bike trails on WIldridge open space was brought forward and
ultimately defeated in large part due to its violation of the WIldridge Covenants covering the
restrictions on what is/is not allowed. Point of facts: 1) the opposition to this proposal had legal
representation by an attorney from Garfield-Hecht, the ToA’s current legal firm, and 2) an
overwhelming number of residents of Wildridge expressed their vehement opposition to this
proposal --- these resulted in a majority of the Council to vote against the proposal.
- 2020 – Many members of the current Council were a party to a proposal to build workforce
housing on designated open space in Wildridge/Wildwood. Residents who were opposed were
represented by another legal counsel who effectively argued against the proposal, citing
elements of those Covenants as evidence.
These Covenants are not dormant. They include a prohibition of the use of Off-Highway (motorized)
Vehicles on Wildridge streets as well as another prohibiting parking of any vehicle on Wildridge streets.
Environmental Concerns for USFS Roads 779 & 717.1B
- Wildlife – It has been well and repeatedly documented by the Colorado Parks and Wildlife
experts and others that wildlife has been decimated throughout the Valley (e.g. Elk herds). The
Town of Vail voters have elected members who ‘get it’ and they are currently attempting to
save a herd of long-horn sheep from development/human encroachment. The ordinance that
the Avon Council is considering will cause a significant increase in human encroachment into
open space by motorized vehicles that will no doubt exacerbate the demise of the wildlife that
are so valuable to our town, county and state.
- Pollution – Please read the Sierra Club report (Environmental Effects, Off-Highway Vehicles,
Bureau of Land Management,bibliography (sierraclub.org) ) regarding the impact on soil, air,
water, noise and wildlife from ATV’s, dirt bikes and snowmobiles. It is clear that the impact is
not consistent with good environmental stewardship.
- Traffic – Where will out-of-town OHV users, who happen to account for about a third of the
advocates of the proposed ordinance, park their trailers in order to have access to the OHV
authorized streets this ordinance would allow?
Representative Government, Leadership by Example, and the Role of Government
- There have been a number of Council comments relating to their personal use and/or family use
of these recreational vehicles. Some members of the Council have previously spoken eloquently
on the responsibility to represent constituents and not self-interest. Has the true role of
governing been forgotten?.
- Last summer’s Wildridge Survey results should not be ignored – they clearly illustrate the
residents’ opposition to motorized vehicles, in winter and summer, utilizing USFS Road
Page 65 of 177
779. Ignoring these data points is not good governing nor good optics, especially when a
number of residents of West Beavercreek Boulevard just this past week convinced Council not
to allow parking on that road due to safety concerns.
- Police Chief Dailey has stated that the departments job is to “educate, not enforce” various
codes and laws. This is in contrast to former Police Chief Ticer’s memo of July 2011 outlining
why parking on Wildridge roads is not allowed for safety reasons. Of note is that Chief Ticer’s
position mirrors that of the Wildridge covenants.
- Many Wildridge residents utilize and greatly appreciate the bike/pedestrian lane the Town
installed some years ago. Both the lower (Old Trail-Beartrap-Wildridge Road) loop and the
upper Wildridge Road loop are used by many town residents and visitors alike to reach Forest
Service Roads as well as just for exercising. That’s the purpose of those lanes.
I’d submit the first responsibility of government is to provide for public safety. Increasing traffic
congestion by enabling Off-Highway Vehicles to utilize public street throughout the Town, especially by
young, unlicensed operators (see the Vail Daily photo of an 8 year-old on a mini motorcycle), potentially
using the designated bike paths currently available ONLY to bicycles, pedestrians, mothers with baby
carriages, etc. is NOT providing responsible government.
Thankyou for considering these points in your deliberations. Your constituents are counting on you to
be consistent in your stewardship of the environment and good governance.
Peter Warren
Page 66 of 177
From: McDavid, Janet L.
Sent: Monday, May 3, 2021 9:54 AM
To: Council Everyone Group <council@avon.org>
Cc: 'John McDavid'; Pam Warren
Subject: RE: Please Vote No on OHV Ordinance
We are writing to join in the comments provided to the Council this morning by Peter and Pam
Warren. We have previously provided the Council with comments in opposition to the proposed OHV
ordinance, but Peter has made the arguments even more effectively than we did in our previous
notes. We strongly urge the Council not to adopt the proposed OHV ordinance. Janet & Gary McDavid
Janet McDavid
Page 67 of 177
From: Robert Fink
Sent: Monday, May 3, 2021 11:40 AM
To: Council Everyone Group <council@avon.org>
Subject: We oppose opening Wildridge roads to off road, unregistered vehicles
We are Robert and Marjorie Fink, permanent residents at 2610B Bear Trap Rd in Wildridge. We
understand that the Council is considering a special ordinance that will allow off road, unregistered
vehicles to drive up to and into Wildridge to access forest roads; something not otherwise permitted by
State law, and restricted by the Wildridge covenants which we all are subject to when we bought up
here (we did for both our first Wildridge house and this one too).
We oppose this possibility and think that the Council should not do anything deliberately to violate the
covenants as the Council is really the entity we should go to to enforce them. In all events, the Council
may be thinking of a minority of people in Avon or Wildridge, but it is not acting on behalf of most of
Wildridge residents, who are happy to live up here enjoying beauty and peace and quiet. Wildridge
residents did not buy and move families up here to be part of a tourist attraction.
My personal observations is that the thought that all these vehicles will be as quiet as cars and obey the
speed limit is not supported by the facts. We are all part of your constituents; and I wonder if the council
is considering overriding State law to impose unwanted traffic and noise and, to some extent danger to
children and adults, on the rest of their constituents?
We urge you not to imposed this change in the law on us.
Respectfully submitted, Robert and Marjorie Fink
Page 68 of 177
From: Spitzer Richard
Sent: Monday, May 3, 2021 2:13 PM
To: Council Everyone Group <council@avon.org>
Subject: Letter to Avon Town Council - Off Highway Vehicle Ordinance
Mayor Smith-Hymes and Members of the Avon Town Council:
I am writing to oppose a position of the town council that would adopt an ordinance that changes the
municipal code to promote legal use of OHVs on defined roads in Wildridge. I also support the passive
use of FSR #the 779.
In many ways these two proposals are tied together. If OHVs are allowed on defined roads in Wildridge
and the use of ATVs, 4 by 4s, dirt bikes (OHVs), and snowmobiles are allowed on the Forest Service Road
we will see an increase in problems associated with those vehicles.
There are already a number of dirt bikes and ATVs that are noisy and speed on Wildridge roads. The
quiet nature of the Wildridge community will be negatively impacted. Some of these users already
violate the FSR closure and the ease of getting to that road will exacerbate the problem.
It is my understanding that the majority of residents in a survey are opposed to these proposals and
believe it would be detrimental. In addition they would violate the covenants which prohibit
recreational off-road vehicles on any public street or land within the subdivision except for emergency
or maintenance purposes.
I am hopeful that you will respect the Wildridge covenants, as well as the survey, and not approve either
of these two measures.
======================
Rick Spitzer
Page 69 of 177
From: Nick Borelli
Sent: Monday, May 3, 2021 4:53 PM
To: Council Everyone Group <council@avon.org>
Cc: Nick Borelli
Subject: OHV Opposition from a Wildridge resident
Dear Mayor Smith-Hymes and Members of the Avon Town Council,
I am writing to express my heavy opposition to the proposal which would allow OHVs to use Avon’s
town roads. I bought a Wildridge home in 2018 due to the quiet, residential feel of the neighborhood.
It’s a unique place where humans and wildlife peacefully coexist. It’s also an area with
covenants...covenants that don’t allow for OHVs:
Covenants exist for a reason; they ensure a certain level of housing uniformity and quality of
life/neighborhood feel. Dismissing this covenant will change the way Wildridge feels, and will create a
host of safety and environmental issues. Here’s why:
1) Noise concerns
OHVs are much louder than passenger vehicles. If you allow OHVs then our peaceful neighborhood will
be no more. I don’t want to be having my neighbors over for dinner on my deck and not be able to have
a simple conversation. I bought a home in Wildridge knowing that these vehicles aren’t permitted;
changing that is unfair to those of us who live here and expect a certain neighborhood feel and noise
level. I purposefully bought at the top of Wildridge to get away from valley noise.
2) Property values
Increased noise will certainly take away some of the appeal of living in Wildridge. Consequently, it can
have a negative impact on property values.
3) Safety concerns
Page 70 of 177
Permitting OHVs in Wildridge would pose a danger to pedestrians and bikers. If you’ve ever been to
Wildridge on a beautiful, sunny day you know that many people take advantage of the pedestrian lane.
Allowing OHVs would increase traffic, putting pedestrians more at risk. Moreover, having to listen to
OHVs while recreating near them is very unpleasant. I’ve see a number of parents walking with strollers,
and putting their safety at risk is not ok. Also, OHVs would inevitably result in children driving in my
development without even being licensed. That’s a safety problem.
Speaking of safety, the 2020 the results of the Wildridge Survey indicate that 43% of participants
support traffic controls and efforts to reduce speeding, while only 34% do not...as a constituent of the
people in Avon I hope you recognize this. Allowing OHVs would only enhance safety concerns of
residents.
This brings us to the next issue. If you allow OHVs in Wildridge there will be increased traffic volume on
FSR 779. This would further negatively impact Wildridge and the surrounding space. Here’s why:
1) Environmental concerns
If OHV traffic increases on FSR 779 this creates a whole set of environmental issues. Not only will there
be increased air pollution, but there will be more soil compaction, less soil water infiltration,
susceptibility to erosion, and even more impacts to vegetation. Did you know that OHV traffic can allow
disturb native vegetation while giving invasive vegetation a chance to thrive? This USGS survey is very
insightful, and shows how detrimental OHVs are to the
environment: https://pubs.usgs.gov/of/2007/1353/report.pdf
We can’t forget that the added noise pollution will also be detrimental to wildlife, including their
movement.
2) Parking
Should the OHV culture be permitted in Wildridge, surely this will increase the demand for parking at
the base of FSR 779. There’s not a lot of room for parking, and the covenants don’t allow on street
parking. If people park on the street, this forces pedestrians to be in the middle of the road, creating
more safety issues. Also, some people transport their OHVs in trailers. Where do you propose they
park?
3) Safety on FSR 779
The 2020 Wildridge survey responses indicate that of those who use FSR 779, 55% use it for passive
recreation and biking. If you’re adding OHV traffic, that means all of these people’s safety are being put
at risk. Remember, parts of FSR 779 are windy and narrow. Adding more OHVs on FSR 779 increases the
risk of accidents (and also the noise generated by OHVs takes away from the serene experience).
Page 71 of 177
In closing I’d like to remind you that the 2020 Wildridge surgery indicated that 44% of the participants
supported discontinuing motorized vehicles on FSR 779, while allowing passive recreation. Only 32%
opposed this. This is another clear indicator that more residents in Wildridge want fewer OHVs on the
road, not more.
Thank you for listening to my concerns. I hope you can understand that allowing OHVs in Wildridge is a
huge mistake. It would impact the Wildridge quality of life, and unnecessarily create numerous safety
and environmental concerns.
In the future it would be nice to see some legislation to permanently prevent OHVs from being on the
roads in Wildridge. I would also like to see the town of Avon police enforce this.
Regards,
Nicholas Borelli
Wildridge Resident
Page 72 of 177
From: Lutomirski, Paula
Sent: Monday, May 3, 2021 10:04 PM
To: Council Everyone Group <council@avon.org>
Cc: O'Leary Prentice
Subject: Allowing OHVs on Wildridge roads
We oppose allowing OHVs to drive on Wildridge.
We agree with the many other residents/owners that this is unacceptable for so many reason.
Once again, you are listening to outside voices and NOT being responsive to those who live here. Please
reread the results of the 2020 Wildridge survey and VOTE NO on this change.
Thank you,
Paula and Prentice O’Leay
2060 Beaver Creek Pt
Page 73 of 177
From: Marjorie Fink
Sent: Tuesday, May 4, 2021 9:39 AM
To: Council Everyone Group <council@avon.org>
Subject: We oppose opening Wildridge roads to off road, unregistered vehicles
To the Avon Town Council:
My Husband and I reside at 2610B Bear Trap Road and have already sent some comments. We have
lived in Avon since 2012 having chosen this community for it’s beauty, quiet and serenity. The following
are some additional concerns and comments regarding opening our roads in Wildridge to unregistered
off road vehicles:
1) First and foremost is the safety of our children in this community. It is not clear if the access will
include June Creek road past the playground. If it does this is an act of total disregard for the children
who live in the June Creek area and in all of Wildridge. There are many young children who live in this
community and who also live close to the June Creek access and play in the playground. We have
personally seen children run into the road after a ball, riding their bike in or near the road or cross the
road to go to the playground. Even if this is not the access being discussed, there is no guarantee that
once access is permitted that drivers of these unregistered vehicles will not drive past the playground
and access the trails through June Creek. These drivers will not only include residents of our community
but people unfamiliar with the trails who may not understand or care which access they take.
2) Unregistered vehicles tend to be noisy and may expel fumes in our environment. The very reason
most of us moved here was for a quiet residential community which will be totally disregarded.
3) The Forest service trails tend to be narrow and windy. When we hike and snow trek them ( which
many Wildridge residents here do frequently) we have had to move off the trail whenever a vehicle has
been on the same trail . This has happened from time to time. We can’t even imagine , if access is
opened up, how difficult it will be for hikers to share the trails with more vehicles and more on a much
more frequent basis. We feel we will no longer be able to hike there safely. Basically, if this is passed,
those not on vehicles will no longer be able to enjoy access. This is a significant concern since Wildridge
has been singled out as the only Avon access for these vehicles.
Thank you in advance for considering our concerns,
Marjorie and Robert Fink
Page 74 of 177
From: D & T Smith
Sent: Wednesday, May 5, 2021 8:58 AM
To: Council Everyone Group <council@avon.org>
Subject: FW: Please Oppose the proposed Off Highway Vehicle (OHV) Ordinance
Mayor Smith-Hymes and Members of the Avon Town Council:
The most recent data from the Wildridge survey regarding Off Highway Vehicle (OHV) Ordinance clearly
shows that the residents of Wildridge oppose legalizing the use of these vehicles on Wildridge
roads. Only a small minority, including many non-residents of Avon, support the proposal. This
proposed ordinance is reminiscent of past attempts to open Wildridge to bike races and other uses that
were also opposed by the majority of residents. Support for this ordinance will only indicate your
willingness to ignore the wishes of the electorate.
Everyone seems to forget / ignore that Wildridge is a residential neighborhood and NOT a playground.
Let’s also remember the damage to wildlife that will occur.
Please pay attention to your constituents and oppose this ordinance.
Sincerely
Dan and Terry Smith
Page 75 of 177
From: Ron Warren
Sent: Wednesday, May 5, 2021 9:59 AM
To: Council Everyone Group <council@avon.org>
Cc: Nick Borelli
Subject: I do not support use of off-road vehicles on Avon public roads. Existing laws should be enforced
Greetings,
There is a small group that is pushing to allow off-road vehicles to use Avon public roads. Their intention
is to be able to drive their off-road vehicles to the nearest trailhead. I do not support this proposal and
instead ask the Avon Police Department to enforce existing traffic laws.
I’ve owned a house in upper Wildridge for three years. I’ve observed that dozens of off-roaders already
use the Avon public roads for trail access, despite it being illegal. Avon should be enforcing the current
laws, not allowing lawbreakers to flaunt their illegal behavior.
The noise level from off-road vehicles is much more than “street-legal” ones. Many have two-stroke
engines and minimal mufflers, which make them very loud. The operators typically do not follow traffic
laws, rolling through stop signs and exceeding the posted speed limits.
Many Wildridge residents use Wildridge road for walking their dogs and going for walks with their
families. Legalizing off-road vehicle use of these roads will sacrifice the safety of these walkers in order
to provide convenience for the few off-roaders.
These off-road vehicles emit many more noxious fumes and greenhouse gases than their on-road
counterparts. Avon preaches that it’s going carbon neutral. These vehicles are anything but that.
There are also groups of motorcyclists that also ignore the seasonal trail closings because they can easily
bypass the access gates. This endangers wildlife and contributes to trail erosion and degradation.
If the council misguidedly approves the use of off-road vehicles on Avon public roads then I propose that
there must be a mechanism to require off-road vehicles to meet CO on-road vehicle noise limits AND
follow the traffic rules that all others must follow. One option would entail having an Avon PD officer
stationed, during peak use periods, at the access point to 779 to ensure compliance. I also propose that
this misguided approval be temporary, with a reassessment after a year . It should be incumbent on the
off-roaders to show that they’re complying with traffic laws and noise , not on the rest of the
community to prove that they aren’t.
Thanks for your consideration!
Ron Warren
Page 76 of 177
From: Mayor Kelly Jones
Sent: Wednesday, May 5, 2021 12:24 PM
To: Council Everyone Group <council@avon.org>
Subject: US 779
Importance: High
Mayor and Councilmembers:
I am writing to express my strong opposition to opening US 779 to snowmobiles and
motorbikes, in addition to off-highway vehicles.
My wife and I have owned our home on upper Wildridge, directly across the street from US 779,
since 1997. For over 24 years, our family has enjoyed, not only the world-class views of Beaver
Creek and the Sawatch Range from our residence, but also the peaceful quiet of our residential
neighborhood, only briefly interrupted by vehicular traffic going up or coming down the
mountain trail.
Opening up US 779 would have nightmarish negative consequences for our neighborhood.
I obviously understand the importance of outdoor recreation, but please don’t change the rules
on usage of this trail directly across from our home after 24 years’ of ownership.
As you can see from my signature, I am a current mayor, so I understand municipal procedures
and varying points of view. Potential benefits to the community at large must be weighed
against the adverse consequences to those most directly impacted, and nobody in this
community will be more negatively impacted than our next-door neighbors and us.
Respectfully, Kelly Jones
Page 77 of 177
From: Jim and Suzanne Yager
Sent: Wednesday, May 5, 2021 4:33 PM
To: Council Everyone Group <council@avon.org>
Cc: 'Suzanne Yager'
Subject: Wildridge OHV Ordinance - opposed
Dear Town Council Members
We are opposed to the ordinance which would legalize the use of OHVs on town streets in
Wildridge. OHV vehicles will increase noise pollution in our pristine environment. OHV vehicles are
noisy machines. Further, as avid hikers, we are concerned that multi-use trails will be overrun by such
vehicles, making it very unpleasant for hikers.
Please consider the impact on our beautiful pristine mountain environment and take action to keep it
pristine.
We are traveling out of town on May 25 and therefore are unable to attend the Town Council meeting
scheduled for that date.
Thank you,
Jim and Suzanne Yager
Page 78 of 177
From: Vaughn DeCrausaz
Sent: Thursday, May 6, 2021 8:43 AM
To: Council Everyone Group <council@avon.org>
Subject: ATVs on Wildridge Roads
Avon Town Council
I live in Eagle-Vail and have since 1986. I spend time up in Wildridge at the home of my daughter, Devon.
She lives at the top near the Red and White Road #779. I truly enjoy driving or riding on the ATV side by
side on the trails above Wildridge. From the ATV we hike up Red and White and around the associated
ridges. I also follow the grandkids on their dirt bikes as support. It is such a joy to know the grandkids
have learned to enjoy and respect the outdoor areas and that they are NOT sitting in their bedrooms on
electronic devices, smoking, vaping or worse.
The influx of people into this area over the past year because of the Corvid lockdowns in other states
shows that people want to be outside and free from restrictions. It’s why they came here temporarily or
are moving here permanently. Unfortunately, they come from states that have restrictions and when
they get here they want to impose those same restrictions us. I don’t understand.
The existing homeowners in Wildridge and Avon are the users of that system of roads. They moved
there to take advantage of those outdoor activities. If you make it illegal for them to do so or require
them to trailer their vehicle the few blocks to the trailhead, they will sell their homes and move
someplace less restrictive and more outdoor friendly. What will that then do to our home prices?
Thank you for your time and consideration.
Vaughn DeCrausaz
Page 79 of 177
From: John Goike
Sent: Thursday, May 6, 2021 12:01 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge OHV use
To whom it may concern,
Part of the reason I moved to Wildridge 20 yrs ago was for the use of trailhead, and it seems very silly
and unsustainable to load OHV’s onto trailers to drive a block and not to mention no parking at trail
head. So I am in strong agreement to allow OHV on our streets of Wildridge. I also know the hikers do
not like these vehicles on june creek trail but it is a road and it would be nice if we could build walking
trail along june creek to solve this issue.
Page 80 of 177
From: Rob Warner
Sent: Thursday, May 6, 2021 12:13 PM
To: Council Everyone Group <council@avon.org>
Subject: ORV and snowmobile use in Wildridge.
Hello, I live at 4012 Wildridge Rd. I purchased this home here so I could use ATVs, motorcycles and
snowmobiles in this area. Please restore use of these vehicles in this area and reopen the access trails. I
would like to see ATV use allowed on all roads in Avon but am willing to compromise if Wildridge
usage is the best we can do.
Thank you,
Rob Warner
Page 81 of 177
From: George Plavec
Sent: Thursday, May 6, 2021 2:25 PM
To: Council Everyone Group <council@avon.org>
Subject: ohv
I have been a resident of Wildridge for 27 years. I am a dirtbiker and ride an ATV on the trails above
Wildridge.
I support OHV use to access trails.
I live near the upper access and trail traffic does not bother me.
I do not support paying the police to regulate OHVs. They are there to protect the people and enforce
legitimate laws.
George Plavec
Page 82 of 177
From: Jeff Morgan
Sent: Friday, May 7, 2021 7:08 AM
To: Council Everyone Group <council@avon.org>
Subject: Support of OHV use in Wildridge
To whom it may concern,
This Ordinance will not result in OHVs driving through the roundabouts in Town. The Ordinance
would only provide for use on Metcalf Rd., Wildwood Rd. and streets in Wildridge to and from
storage, garages or our homes to the trailheads. The Ordinance will not increase traffic on town
streets. We have been driving on OHVs on town street to and from the trailheads for the last 16+
years, without incident, see Policy Chief Daly's report.The Ordinance will not create excess noise nor
effect the peace and quiet enjoyment of our neighborhood. They are not any louder than
construction, delivery and trash vehicles or lawn mowers. The Ordinance will not cause more
pollution because we will be able to legally ride close to home and avoid the gas guzzling, carbon
emitting journey to a far away trailhead. The Ordinance will not have a negative impact on
wildlife. Studies show humans on foot, especially with dogs, more often invoke fight or flight
response than humans on machines. The Ordinance will not increase the risk of wildfires as our
vehicles have spark arresters. Additionally, our group may identify, put out and/or report fires
caused by lightning strikes. The Ordinance will not cause motorized use where it is not allowed. The
land north of the Town of Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is
neither a Wilderness Area nor a Roadless Area. It is designated for Motorized Use which includes
OHV use. Last, but not least, the Covenants. The Wildridge Covenants have been deemed
unenforceable by the Town Attorney, see Memorandum from June, 2020, and the Town has a long
history of allowing for use that is in violation of those Covenants. The Town should not choose to
selectively enforce the Covenants against our particular user group.
Jeff Morgan
5711 Wildridge Rd E
720-314-0023
Page 83 of 177
From: L Rosser
Date: Wed, May 5, 2021 at 9:57 PM
Subject: OHV In Wildridge Subdivision
To: <shymes@avon.org>, <aphillips@avon.org>, <lhardy@avon.org>, <sprince@avon.org>,
<cthuon@avon.org>, <tunderwood@avon.org>, <randrade@avon.org>, Paul Wisor
<pwisor@garfieldhecht.com>
To the Avon Town Council:
Regarding the recent article in the Vail Daily: “Avon seeks to legitimize use of Off-
Highway Vehicles (OHVs) on public roads to access Forest Service Road through
Wildridge”, and the recent Avon Town Council decision to draft an ordinance allowing
OHVs in Wildridge:
• A Wildridge 2020 survey was done in 2020. An overwhelming number of Wildridge
owners and residents took the time to take the survey. The Council now has access to a
data base that provides a clear picture of subject matters that continue to be very
relevant to members of the Wildridge neighborhood. The survey results should not be
ignored. With regard to OHV use on public roads, the survey results validate that 44% of
the residents are in favor of discontinuing Off-Highway Vehicle (OHV) use on FSR
#779 while 32% are supportive of enabling motorized vehicle use.
One does have to recognize that there are some Wildridge residents that would like to
have access to the BLM trails without having to trailer and park at the
trailhead. However, there is a greater number who prefer the prohibition on OHVs (that
is included in the Wildridge Covenants). There is a strong possibility that those that
objected to OHV use would be more permissive if the access was limited to Wildridge
residents only, and if abuses of the privilege were managed. It seems this issue has
been brought to a head by discourteous OHV riders who have created noise and
property damage and irritated the neighbors whose property most closely abuts the
trails.
• Quite a few people in attendance at the recent Town Council meeting cited the
availability of easy access to the trails as a significant factor in their decision to purchase
in Wildridge. However, it should be noted that OHV use is prohibited in the Wildridge
Covenants and, despite the lack of enforcement, the language of the Covenants still
controls.
• One Council member kept implying and reiterating that the Wildridge Covenants
could be ignored since the HOA is not active. The Town of Avon does not enforce the
Wildridge Covenants, however, for Council to take the position that the Covenants have
no validity is not something that residents of Wildridge should accept. This is a
dangerous mindset that can lead to other infringements upon the Wildridge
neighborhood, such as the proposed land grab for workforce housing floated in the
Wildridge 2020 Survey.
• The conflict created by the Town of Avon passing an ordinance that allows that which
is specifically disallowed by the Covenants of the Wildridge is simply setting up conflicts
that should not exist.
• As a practical matter trying to draft an ordinance presents numerous issues. As the
streets in Wildridge are public roads, opening them to OHV traffic will create numerous
parking problems regarding non-residents as the use of OHV cannot be limited to just
Wildridge residents. The streets will be open to all and where will the non-residents park
their trailers? There is limited parking at the children’s park and dog park. Parking along
Page 84 of 177
many Wildridge streets is not permitted. Limiting OHV use to just the Wildridge streets
does not provide sufficient parking for non-residents. To provide parking, OHV would
need to be allowed on all Avon streets which creates dangerous situations. Are OHV
operators going to park down across from Northside Café and ride up Metcalfe to the
trails? Or park at the Library or Post Office and operate their OHVs under I-70?
• It seems Wildridge residents are fairly unanimous in wanting to preserve a quiet
neighborhood. A Town ordinance allowing OHVs is certain to increase the noise level
as more outsiders bring OHVs into the neighborhood. If the current level of noise
creates issues for residents next to the trails, it can only be expected that opening the
trails so that people who do not live in the neighborhood (and who do not have a level of
concern over the noise they make) will create greater levels of noise. It should be
expected that complaints from neighbors near the trail – and calls to police regarding
noise – will increase.
• I wonder if one has stopped to think about how “opening this door” can be
controlled. There are many users out of the local area that will take advantage of an
ordinance that allows OHV in Wildridge. One speaker at the Council meeting talked
about bringing groups of OHV riders up into Wildridge – effectively making Wildridge a
starting point for group tours. I do not imagine that one has thought of all the ways this
can be abused. As mentioned in the Council call, there have been only a few complaints
to police about OHVs over the last few years. Permitting OHVs will increase the calls to
Avon police that will distract them from more significant duties. And, what will the town
do when "town-sponsored" tours are carried to court by Wildridge homeowners under
the Wildridge Covenants.
• It appears the prior policy of “don’t ask, don’t tell” was a reasonable compromise as
long as the noise was kept at a reasonable level. This whole issue seems to be a
neighborhood squabble among a few residents that, perhaps, could be resolved by
direct communication and compromise on both sides. Enacting a Town ordinance
seems to be using a bazooka to kill a mosquito.
So, the question is, why do this? More residents want to stop OHV use than want to permit
it. However, they do not need the Town of Avon to handle this; they can go to court any day
and stop use by anyone if they choose to do so. Why would the Town of Avon take this on?
With regard to Wildridge, the Town of Avon has previously ignored the Colorado prohibition of
OHVs on streets and roads within Wildridge. What is wrong with continuing that policy? Every
day, I pick up a newspaper that describes, nationally, what laws will be enforced, or not
enforced, based upon the priorities and limited resources of the administration. I presume that
same option is available to the Town of Avon.
My suggestion is to take no ordinance action. Based upon the number of complaints that are
received, determine if enforcement should be moved up in priority. Otherwise, this should not
be a priority for law enforcement. I would guess that as long as it is a neighborhood issue, with
no outsiders, it would never rise in priority level to require enforcement. If a resident really
wants to enforce this issue, they always have the option of going to court and enforcing the
Wildridge Covenants.
In conclusion, the town should NOT make an ordinance of any kind with respect to this
topic.
Respectfully submitted,
Larry Rosser
Page 85 of 177
From: Leslie Roubos
Sent: Friday, May 7, 2021 5:16 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge covenants
To Avon Town Council Members:
Once again the town of Avon town council is preying on Wildridge and ignoring the Wildridge covenants.
I am opposed to opening up the roads in Wildridge to off highway vehicles for a number of reasons,
including increased traffic and noise that these vehicles will produce.
Please stop trying to make the bedroom community of Wildridge the playground for Avon.
Leslie Roubos
Page 86 of 177
From: Lisa and Doug Currey
Sent: Friday, May 7, 2021 5:28 PM
To: Council Everyone Group <council@avon.org>
Subject: ORV
Council members,
The noise, parking, traffic safety, pedestrian safety impacts of allowing off-highway vehicles on the
residential streets of Wildridge would just be another sacrifice of neighborhood values for limited benefits.
Please do not vote for this ordinance and consider the majority of voices of Wildridge residents.
Doug and Lisa Currey
Page 87 of 177
From: Casey Richter
Sent: Friday, May 7, 2021 6:44 PM
To: Council Everyone Group <council@avon.org>
Subject: Letter - In Opposition to Ordinance to Legalize Use of ATV/OHV/Motorbikes in Wildridge
To Avon Town Council,
I am extremely disappointed to hear of the recent venture the Avon Town Council has set their sights on
- legalizing the use of ATV/OHV/motorbikes on the Wildridge Roads.
1. It is my understanding that covenants in the State of Colorado are enforceable. It doesn’t
matter how old they are, or how much a Council member(s) agrees or disagrees with them -
they are rules and regulations that govern the Wildridge development.
1. It is the responsibility of any person that chooses to purchase a home and reside in
Wildridge to understand the covenants because they are enforceable. If you purchased
a home in Wildridge, and you claim that you are entitled to drive your OHV, motorbike,
ATV, etc on the roads - you clearly did not do your due diligence and read the covenants
prior to your purchase.
2. For the Town Council to arbitrarily decide that the covenants are no longer useful or
enforceable is an insult to every person that did their due diligence and chose Wildridge
as their home for the peace and quiet neighborhood - peace and quiet which is clearly
protected by the covenants.
3. Cleary the majority of Wildridge residences responded unfavorably to a recent survey
question that addressed this. It baffles me how you, the Council Members, act as if you
are representing a majority of Wildridge residents when you a recent survey that says
otherwise. It is very easy for a group of people to lobby around a topic - and act as if
they are the majority. It takes a simple survey of the entire community to quickly realize
you are serving the minority when you make decisions based on that group.
1. To be specific 44% of residents support DISCONTINUING motorized vehicular
use of Road #779 and limiting use to passive recreation. 32% oppose. 24% are
neutral. In the political world 12% is a significant % and hard to overcome with
an argument of “it’s too close to tell”.
2. MORE importantly than the Covenants being enforceable in Wildridge, is the OBVIOUS issue the
vast majority of residents would prefer you focus on - a 2nd egress out of Wildridge in case of a
wildfire or additional safety measures in case of a wildfire.
1. As the wildfire danger continues to grow, it is appalling to me that you would think it
wise to focus on discarding a very important rule/regulation for our community for a
new rule that will result in MORE people on machines that could cause a wildfire. Do
you recall the Glenwood Canyon fire last year? You know what started it? Sparks. Yet
you want to make it as easy as possible for anyone with a combustible engine that can
act as an ignition source for a wildfire to get to the trails in Wildridge. That is grossly
negligent on the part of the Town Council, given the Wildridge residents CLEARLY stated
in the survey this was a HIGH priority.
1. 48% of residents were very supportive of using June Creek for emergency only
evacuation route for vehicles; 30% were supportive; 10% were neutral; 6% were
opposed and 6% were very opposed. It seems it is your duty to the residents of
Page 88 of 177
Wildridge to make this your number one priority; and it seems extremely
reckless and dangerous to our community to encourage additional access by
motorized vehicles with this ordinance you are trying to pass.
1. You should only be entertaining this ordinance after you have life safety
of your residents handled. And you don’t have it handled, and you
don’t seem to care about handling it quickly. Last year it was the Barn,
this year it is this ordinance. At what point will you actually act on the
matters that are necessary for the safety of residents?
3. It was interesting as well to read about the traffic controls and traffic calming results of the
Survey. 43% of residents said they are supportive or very supportive of this measure. 34% said
they are very opposed or opposed. The majority of residents say that calming traffic is
important to them, yet you want to allow ATV/OHV/motorbikes to rip around our streets and
neighborhoods.
1. I was just walking the dog on the Wildwood Road and two motobikers came down from
Mountain Star area. Clearly, they were trying to get to the Avon trails and avoiding the
more traffic’ed Metcalf Road. They know they are breaking rules; yet you are not
enforcing them because you don’t think them important enough.
2. Since I am hyper focused on this topic now - I started to notice how often people come
down from that road into Wildridge to illegally access trails (I can see the road from my
house so started noticing it). It’s a shame you are not enforcing rules that are in place to
keep our neighborhood quiet.
4. If this ordinance gets passed, it is your duty and responsibility to assign a police officer to
Wildridge permanently 24/7 to ensure that motorbikes/ATVs/OHVs are not accessing the road
via Wildwood Road and Metcalf Road (coming up from other developments). If your intent is
for it to be only Wildridge residents using the streets from their homes to trails, how are you
going to enforce this? You are creating a problem, where there was no problem in the first
place because covenants are in place that explicitly state this use is not permitted.
5. Last year I was recreating on June Creek and multiple times I encountered a ATV that was
blasting rap music. I could hear it as he crested the hill to go over towards Singletree. It was
annoying, disrupting, and completely disrespectful to the other users. IF you allow this
ordinance to pass, this is going to become even more of an issue. I enjoy the peace and quiet of
our mountains and recreating in them. We don’t need additional traffic and noise that will
come with this ordinance - it is taking away from the experience of so many of us that recreate
without trace or disturbing the peace of nature.
6. Lastly, I have had this experience - and I have heard from multiple people about motorbikes that
come down June Creek at dangerous speeds to other users and not respecting the right of way
rules and giving adequate space to other users. It is dangerous and you are encouraging this
environment if you encourage additional users to use these trails because you make it “easier to
access”.
7. If you truly want to know what the Wildridge residents want, then you should put this to a
vote. Just like the barn, my sense is same result will be had. The Council will find the majority of
residents in Wildridge do not want this ordinance passed, even thought a select few on the
Council want to pass it regardless. Remember, you aren’t on the Town Council to serve your
own interests and desires; you are here to serve the community members. If you vote for this
ordinance when the survey clearly represented that a majority of Wildridge residents are not in
favor of this ordinance, I question your morals, values and commitment to the community you
are supposed to be serving.
Page 89 of 177
In summary, the Town Council should vote against this ordinance for legalizing use of
motorbikes/ATVS/OHVS on Wildridge roads. At a minimum, they should table the discussion until they
have executed the egress and wildfire mitigation measures necessary to the safety of the Wildridge
Residents. Disregarding the clear and urgent need for fire safety, and enacting an ordinance that poses
to increase the fire danger is absurd and grossly negligent to the safety of our Wildridge community
members and homes. You can do better than this.
Best,
Casey Richter
Wildridge Full-Time Resident
Page 90 of 177
From: T J Jenkins
Sent: Friday, May 7, 2021 8:15 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV use in Wildridge
Dear Avon Town Council Members,
As a resident of Wildridge, I am adamantly opposed to allowing OHV use in Wildridge. It is not only
against our covenants, but against the foundation of our bedroom community.
There is a place for OHV use in Eagle County, and it is not within our quiet neighborhood of Wildridge.
Thank you.
~TJ Jenkins
Page 91 of 177
From: ARTHUR YUAN
Sent: Saturday, May 8, 2021 6:22 AM
To: Council Everyone Group <council@avon.org>
Subject: Trail access via public roads
Avon council,
We are residents and own a home in the Wildridge neighborhood. We regularly use FSR 779 and 771.b
(June creek) with our UTVs. One of the great advantages of living in Wildridge is access to White River
National Forest and motorized access on their trails. It is an important reason that we moved into this
section of Avon, CO.
Our home is two homes to the north of FSR entrance, so we see and experience traffic to and from FSR
779. We have not experienced any issues with traffic, excessive noise or abuse of the public roads. Off
road vehicle have been abiding by vehicle laws and courteous to walkers and other vehicles. The police
reports and citations over the years regarding off road vehicle usage of public roads has supported our
observations as well. We are very interested in using the public roads in our neighborhood to legally
access these trails. We have great interest in having legal public road access to these trails. The
Wildridge HOA covenants are dormant and no longer represent the neighborhood effectively. We
support Avon Council passing an ordinance to make public road access legal!
Thank you for your consideration,
Arthur & Elie Yuan
Page 92 of 177
From: janet perdzock
Sent: Saturday, May 8, 2021 7:23 AM
To: Council Everyone Group <council@avon.org>
Subject: Vote NO on the Use of Off-Highway Vehicles
To the Avon Council,
Please do not approve the use of off-highway vehicles on the roads of Wildridge.
I live in Wildridge because I value the natural beauty, wildlife, and peaceful quiet of the community.
Many walkers and joggers use the walking path on the upper Wildridge loop. As Wildridge has built up,
heavier traffic and speeding vehicles have taken away some of Wildridge’s character and threatened the
safety of wildlife and people walking on the path, biking, and driving. Allowing off-highway vehicles to
legally use the roads in Wildridge would increase this danger and further destroy the residential
neighborhood. There is a reason this type of vehicle is not legal on residential roads. Wildridge is a
neighborhood – not a resort to be exploited.
Thank you for your attention and consideration.
Regards,
Janet Perdzock
Page 93 of 177
From: john perdzock
Sent: Saturday, May 8, 2021 8:02 AM
To: Council Everyone Group <council@avon.org>
Subject: RE: Vote NO on the Use of Off-Highway Vehicles in Avon/Wildridge
To the Avon Council,
Please do not approve the use of off-highway vehicles on the roads of Wildridge.
I live in Wildridge because I value the natural beauty, wildlife, and peaceful quiet of the community.
Many walkers and joggers use the walking path on the upper Wildridge loop. As Wildridge has built up,
heavier traffic and speeding vehicles have taken away some of Wildridge’s character and threatened the
safety of wildlife and people walking on the path, biking, and driving. Allowing off-highway vehicles to
legally use the roads in Wildridge would increase this danger and further destroy the residential
character of our neighborhood. There is a reason this type of vehicle is not legal on residential roads.
Wildridge is a neighborhood – not a resort to be exploited as a magnet for non-resident and commercial
OHV use.
Thank you for your attention and consideration.
Regards,
John Perdzock
Page 94 of 177
From: jody morgan
Sent: Saturday, May 8, 2021 11:05 AM
To: Council Everyone Group <council@avon.org>
Subject: Support of HOV in Wildridge
To whom it may concern,
I am writing to share my support of OHV use in the streets of Wildridge. This is one of
the things that attracted many of us to this neighborhood as well as access to National
Forest Land. As our neighborhood grows, we should not let new home owners change
one of the reason we all move here - access to the mountain and back country.
Wildridge covenants have been deemed unenforceable by the Tow Attorney and the
town has a long history of allowing for use that is in violation of these covenants. The
town should not selectively choose to enforce the covenants against a particular
group.
I encourage the town to retain the things that make our neighborhood authentic and
unique. We all live here for our love of the outdoors and we should not let those few
who don't enjoy these things ruin it for the rest of us and change the neighborhood that
we all love.
Sincerely,
Jody Morgan
Page 95 of 177
From: Jack Gardner
Sent: Saturday, May 8, 2021 1:03 PM
To: Council Everyone Group <council@avon.org>
Cc: Eric Heil; Paul Wisor; Pam warren; Peter Warren; Dee Wisor
Subject: OHV Use of Wildridge Streets
Dear Madam Mayor and Members Of Town Council:
As you know, Greer and I have lived full-time in Wildridge for 21 years and we maintained a second
home here for six years prior to that. We are concerned about the proposed OHV ordinance and are
sorry to find that we disagree with some of our friends and neighbors about this significant change.
The use of Wildridge roads by unlicensed dirt bikes and ATVs, often driven at high speeds by unlicensed,
underage drivers, must stop. I have reported this abusive use on numerous occasions to the Avon police,
but I have never had an appropriate response.
>
> In view of the results of last Summer’s Wildridge Community Survey, showing only minor support for
motorized access via FR779, Town Council needs to take action. An ordinance, consistent with the
Wildridge Protective Covenants and state statutes, strictly limiting or prohibiting OHV use of all Avon
streets, should be enacted AND STRICTLY ENFORCED.
> The proposed ordinance before you for consideration on May 11 has several serious flaws. First, NO
OHV driven by an unlicensed operator should be permitted on Wildridge streets —- period. Too much
joy-riding on our streets has gone on for years. Second, the wording about use of the prescribed routes
needs to be tightened. OHV should only be permitted if they are traveling on the MOST DIRECT route
from the owner’s PERMANENT residence AND place of PERMANENT storage TO the Forest Road.
Otherwise, the same racing, joy-riding and use by visiting non-residents that has continued for years will
continue. Third, there should be a clear direction to Avon police that ALL OF THE RULES set forth in the
ordinance need to be strictly enforced, and that habitual violators’ rights will be PERMANENTLY
suspended.
Many thanks for your understanding and kind consideration of our opinions.
Jack Gardner
Page 96 of 177
From: Charlie Sherwood
Sent: Saturday, May 8, 2021 2:50 PM
To: Council Everyone Group <council@avon.org>
Subject: Ordnance 21-07 Comments
I am writing in support of the proposed ordnance.
Covenants
As discussed in the last Avon town council meeting, the status of the covenants is, well, weird.
undetermined, might be the best description. They have been around forever, and have almost
never (never?) been enforced. Their status is questionable at best.
Support by residents
I see words from opponents implying that the OHV community is small, and approving this access
would support the few OHV people and harm the majority. The Wildridge survey patently refutes
this. A significant portion of the respondents were in favor of approving this kind of access. In
addition, walks around the Wildridge roads show lots & lots of residences with OHVs evident.
Ignoring this significant part of the populace, equal in size to those oppose the ordnance, would be
wrong.
Present practices.
As the police chief said at the last meeting, present enforcement has been minimal. People have
gotten used to riding Wildridge roads to the trail heads. I suspect that if the ordnance is
rejected, those who complain will demand enforcement, and access to public lands by many
residents will be made much more difficult. Is that what the town wants?
Am I being an alarmist? I don’t think so. After all this attention, it might be hard for the police to
ignore what has been ignored in the past.
Parking
As has been stated many times, parking at the trailheads is limited. Making all users trailer their
OHVs to the trailheads will only exacerbate this problem, and limit access.
What motivates opponents
It seems to me the driver for opponents is mostly NIMBY. “This is the way it was when I moved
here, and I don’t want that to change.” But there is the other side of that same coin. As stated by
many at the last Council meeting they moved into Wildridge (as opposed to somewhere else) for
just this access. In fact these later residents may have a better argument (regarding “change”), as
something they have been doing for a long time will be taken away – or at least made more risky.
Page 97 of 177
There are a few residents who live in the immediate vicinity of the 779 TH who oppose the idea,
but at the last Avon Council meeting there were also a fair number who also live close and supported
the new ordnance. Anyway, the road has been there for a long time – as long as Wildridge has been
here. I am always amused when people who buy property near an airport start complaining about
airplane noise.
Charlie Sherwood
Page 98 of 177
From: Brian Mingham
Sent: Saturday, May 8, 2021 4:32 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV
I would like to express my vote of confidence/support to allow OHV on Avon streets. I’m a new
homeowner in Wildridge (Flat Point) with my family and we moved from SoCal to leave the bureaucratic
nonsense and we love the outdoors and intend on using the trail head by our home to ride our newly
purchased side by side and enjoy what Colorado has to offer. The current rule in place support the
activities and have done so for years according to our friends and neighbors, traffic, noise and wildlife
disruption will not and have not increased since I have lived here. Please do not let a few people speak
for the people who love to explore.
Thank you
BM
Brian Mingham
From: Brian Mingham
Sent: Saturday, May 8, 2021 4:34 PM
To: Council Everyone Group <council@avon.org>
Subject: RE: OHV
PS – We have three registered voters in our household.
BM
Brian Mingham
Page 99 of 177
From: Jeff Meints
Sent: Saturday, May 8, 2021 5:14 PM
To: Council Everyone Group <council@avon.org>
Subject: Legitimize OHV use on public roads
I would like to add my support for maintaining and potentially increasing the freedoms we enjoy in Avon
and Wildridge. In regard to OHV access, I fully agree that increasing access to trailheads is an important
facet to the future of our community. I understand that some may find this problematic. Restricting
access may be an early attempt by some to tighten control in a period of history where many will want
to enjoy the many benefits of the area we call home. In conclusion, please make Avon an even better
place to live by approving OHV use on public roads.
J.S. Meints
Page 100 of 177
From: Alan Sandberg
Sent: Sunday, May 9, 2021 7:56 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV use on streets in wildridge
Please allow OHV vehicles on the streets of wildridge. I dont want to burden the police
with enforcing this unnecessary restriction when they have real work to do around the
town.
Feel free to contact me with questions,
Alan
Alan M. Sandberg
Page 101 of 177
From: Tara Goike
Sent: Sunday, May 9, 2021 9:26 AM
To: Council Everyone Group <council@avon.org>
Subject: WTC
Hi, I am currently a wildridge homeowner and I am in support of OHV use on our streets.
Thank you
Tara Stevens-Goike
Page 102 of 177
From: lila goike
Sent: Sunday, May 9, 2021 9:53 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV in Wildridge
To Town Council,
Please allow OHV vehicles in wildridge so my dad can still take me to Red and White, I love it back there
and love to see the wildflowers, and our dogs ashes are back there and it is a very special place for our
whole family.
Thank You
Lila Goike
Page 103 of 177
From: Gavin Goike
Sent: Sunday, May 9, 2021 9:59 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV in Wildridge
I have been going to Red and White Mountain since I was a kid it would be horrible if they closed the
road to get up there. I just learned how to snowmobile on Red and White and I hope to keep
snowmobiling and camping there.
Gavin
Page 104 of 177
From: Sage Keltner
Sent: Sunday, May 9, 2021 11:49 AM
To: Council Everyone Group <council@avon.org>
Subject: HOV access
I am in support of HOV access in the following. Avon, wild Rich, Vail, Edwards, Eagle and gypsum. Please
stop taking away are HOV access to these areas. We feel that its just in overreach of power.
Page 105 of 177
From: Judith Tice
Sent: Sunday, May 9, 2021 12:25 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge trail coalition
I am a resident of wildridge for over 6 years and enjoy the trails close to my house. I am in favor of using
OHV ‘s on the street in order to access the trails from my house. I carry a fire extinguisher in my Jeep
and OHV in case I need it while on the trails. My OHV is not noisy at all when comparing it to the dirt
bikes on the road heading to the trails and trucks Jake breaking all the way down wildridge road ! I see
no problem with allowing this......
Thanks, Judi Tice and Rick Tice
Page 106 of 177
From: Spencer Ball
Sent: Sunday, May 9, 2021 2:31 PM
To: Council Everyone Group <council@avon.org>
Subject: Spencer Ball Comments, Ordnance 21-07 Comments
Hello TOA and Whom it May Concern,
Please move to approve the OHV Ordnance 21-07, this is for sure what the majority of our
community supports. People will legally (plated dirt bikes) and illegally continue to access
the roads regardless of the decision but it makes sense to support our off road community
since the forest service for the most part does NOT do a good job of supporting the OHV
community.
Selectively enforcing Wildridge covenants is ridiculous and unfair. People who are using the
covenants to argue against OHV use on TOA roads better be ready to have lots of changes
in our neighborhood to retroactively enforce all other covenants we have looked past.
I moved to Eagle County in 2000 and finally climbed my way up to my dream home in
Wildridge after 20 years of hard work. My wife and two kids have been in Wildridge for 5
years now an moved up here for many reasons but access to the WRNF and riding OHVs
easily from our home to the forest was a major priority for the Wildridge home purchase.
The adoption of an OHV ordinance similar to that of Eagle or Gypsum (Which I have enjoyed
for years), makes really good sense for our Wildridge community. Please consider approving
this ordinance, it would make my family and the vast majority of my neighbors very happy.
My wife and I will personally volunteer each weekend to help with an ambassador program
if needed to help educate our neighbors and anyone using OHVs in the neighborhood. The
purpose (especially in the first couple years of the new ordinance) would be to make sure
people understand this is a privilege, make sure they understand the rules, and thank them
for being extremely respectful by going slow and keeping of the throttle to reduce noise.
Doing “hot laps” around the neighborhood is not the objective here and will NOT be
tolerated by any OHV users or the community. Getting OHVs from point A to B is the goal
here and most everyone in our community understands it should not be abused.
I expect there is a very small but loud number of individuals in our community that are
against this ordinance and I feel they may have selected the wrong location to live. The
great majority of this community has either a dirt bike, quad, side by side, snowmobile,
mini-bike or some other OHV in their garage.
Thank you,
Spencer
Spencer Ball
Page 107 of 177
From: Bill Jones
Sent: Sunday, May 9, 2021 4:26 PM
To: Council Everyone Group <council@avon.org>
Subject: Re: use of off highway vehicles on public roads.
Hello, my name is Bill Jones and I have lived in Wildridge since 1986 and have lived at 4400 Wildridge
Road West since 1991. I have no objection to off road vehicles driving in Wildridge to get to the forest
access roads. With the parking regulations enforced here, it will not increase the number of vehicles. I
frequently sit on my front deck that faces Wildridge Rd. in the summer months for long periods of time
and see most of the off roaders driving slowly and quietly. It will give Wildridge residences an additional
benefit for living in such a beautiful place. Off roaders have never been a problem here and I don’t see
the changes you are proposing changing anything but for the better.
Thank you, Bill Jones
Page 108 of 177
From: Matt Rehe
Sent: Sunday, May 9, 2021 5:24 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV use in Wildridge - Support
I’m in favor of allowing OHV use on the streets of Wildridge. I believe that it would be a shame if this
access would be taken away.
Matt Rehe
Owner - Metcalf Lofts
Page 109 of 177
From: Sam Ecker
Sent: Sunday, May 9, 2021 2:13 PM
To: Matt Pielsticker <mpielsticker@avon.org>
Subject: OHV use on roads in Wildridge
Hi Matt,
I am not sure who I should be sending this to but thought you might be able to help. We are in support
of the use of the roads in Wildridge for access to trails by OHV vehicles. I have lived in Wildridge since
1992 and there always have been OHVs on the roads. I see no problem with them. They seem to be
going directly from homes to trails and not just driving around randomly, nor do they cause any excess
noise or annoyance.
Sincerely,
Sam & Shelley Ecker
Page 110 of 177
From: Gary Oleson
Sent: Sunday, May 9, 2021 7:07 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge ATV Access, OHV Ordinance
Mayor Smith-Hymes and Members of the Avon Town Council:
Thank you, in advance Council Members, for taking time to read and digest the relevance of our
concerns regarding the reasons why my wife and I are not in favor of advancing greater (more
extensive use) on FSRs #779 & 717.B for Off-Highway Vehicles.
1) Wildridge is a residential neighborhood.
a) We have limited ingress and egress
b) No on street parking is allowed-which we enjoy and appreciate
c) We have many families, with small children and pets, that would be in
danger, should traffic flows increase due to greater traffic/usage of the above named FSRs.
Most drivers/riders already do not seem to comprehend, nor comply, with the slow speed
maximum requirements currently posted.
d) We have no parking for major trail usage. To increase traffic/usage we
will end up with an untenable parking situation. Just look at what is currently going on at Booth
Creek parking and their need to now threaten expensive violations due to too many cars parking
there. “...Trail degradation, trash, human and dog waste...” are a huge issue as well
(see Vail Daily March 17, 2021 & May 5, 2021).
e) More Off-Highway Vehicles mean more traffic, noise, and pollution. To
the best of my knowledge, none of these vehicles are battery powered, nor do they have quietly
running engines. Unacceptable noise levels would be introduced into one of the few truly quiet
neighborhoods in the Valley. We don’t want that to occur.
f) Bringing in more people could increase the crime rate in our
neighborhoods. We are fairly insulated now, being relatively far away from the Highways (I-70 &
Hwy 6). These Highways have recently become a “hotbed” for speed-chasing, crime-driven
stolen cars and drugs (see Vail Daily May 8, 2021). If you allow more “accessibility” to our
neighborhood roads it is sure to become part of this ongoing crime wave. Just recently we had a
high-speed car chase that ended up going up Metcalf Road with a stolen car and police activity.
We do not need, nor want to encourage this!
2) Wildridge is also populated by wildlife. It’s one of the many reasons we choose to live in this
area.
a) More Off-Highway Vehicles will put further pressure on the wildlife that
have already been adversely impacted by the recently constructed trail systems.
I often observe (at all times of the night and throughout the year) and have taken
photographs, of mountain bike riders, after dark, using head-lamps to negotiate the trails. I’m
sure this stresses the wildlife further and I believe it is unlawful and of great concern.
b) Currently there doesn’t appear to be any “trail ambassadors” or
police/forest service officers for protection for our wildlife and desired quietude for the
neighborhood after dark. I just observed a woman, walking her two dogs, off leash the other
day, obviously not under voice-command, chasing a herd of deer down the valley between the
trails. She called and called for them but they ignored her. The dogs chased the herd for quite a
distance before giving up. I know this had to have stressed out the herd and yet there is no
consequences for these occurrences. What’s to stop these events from occurring more
Page 111 of 177
frequently with more people being allowed to now drive their Off-Highway Vehicles and creating
an even worse situation?
3) Wildridge has seen an increase in discarded garbage and trash being left everywhere,
especially since the trail system has increased in popularity. I’ve personally witnessed an
increase in “doggie poop bags” being tied up and just left on the side of the roads and trails.
There was even articles about it in the “Vail Daily” (August 8, 2020) And now we have an
increase in Covid-masks and other unsightly garbage being discarded everywhere as well. No
outside visitor is going to care about these things as much as a Wildridge Resident. What is to
keep this situation from growing worse with more traffic, visitors, etc.? And which agency will
help to protect and clean it up and keep it clean? And what will that cost the tax payers?
4) What will the adverse Ecological impact be apart from the wildlife, the noise, the traffic and
degradation of trails (and the trails that are bushwhacked)?
a) Most Off-Highway Vehicle operators are not environmentalists seeking
a closer connection with nature, they are thrill seekers.
b) Currently one can see “trail blazers” that don’t follow the rules or trails.
c) I have personally witnessed ATVs & Dirt Bikes going up “June Creek
Trail” just recently, that don’t even “give-way” to hikers. They zoom up and “blast by.” When I
gave the signal for them to slow down (share the road) they “flipped me off” and sped on! How
is that going to improve with more people able to access these FSRs?
d) With more visitors brings more possibilities for wildfires that will
inevitably become a growing concern. These visitors will possibly smoke cigarettes or create
other fire hazards (building fires). With more frequent visitors our homes and personal safety will
become a greater risk. Is the Town of Avon prepared to pay our increased individual fire
insurance policies?
5) What does the Avon Town Council see as a “benefit” to the Town to allow these Off-Highway
Vehicles to disrupt our peace and tranquillity here in Wildridge?
a) It’s not going to increase Hotel Revenue or Restaurant usage. These
folks will most likely come, have their adventure, and leave trash, pollution and erosion behind.
b) There are already so many other recreational areas in the Valley
between East Vail and Gypsum. Is it really necessary to add another recreational area?
Finally, we have the Wildridge Protective Covenants that were created to serve and protect the
Wildridge neighborhoods. You are our governing body, Avon Town Council, what are you doing
to protect us, your constituents?
The adverse effects on the residents of Wildridge, the wildlife and the ecosystem vastly
outweigh any perceived benefit to the Town of Avon. This proposal benefits a few thrill seekers
at the expense of many. Riding dirt bikes and ATV’s at high speed, often at night, is not in any
way communicating with nature and appreciating the subtle beauty of the wilderness.
Please take these points into account at your meeting on May 11, 2021.
Very Truly Yours,
Gary Oleson
Wildridge Resident since 1999
Page 112 of 177
From: harrel lawrence
Sent: Sunday, May 9, 2021 7:08 PM
To: Council Everyone Group <council@avon.org>
Cc: harrel lawrence; psw3@live.com
Subject: proposed OHV ordinance
Dear Avon Town Council:
We are opposed to the proposed OHV ordinance to be discussed at the May 11 council meeting.
This is why:
We are concerned about the lifestyle we love in Wildridge.
More traffic, more noise, especially from off road vehicles which often have no mufflers, danger to
bikers and pedestrians and pets and children and moms with strollers who use the wonderful
bike/pedestrian paths in Wildridge, parking problems, violation of our Wildridge protective covenants
prohibiting this proposed use, increased fire danger in an already high fire risk area from sparks from off
road vehicles, and protection of the environment and our wildlife.
We do not understand why the Avon Council continues to try to override the wishes of the residents of
Wildridge after we protested adding mountain bike trails to our community in 2016, and now the
council is ignoring what the 2020 Wildridge Survey showed. We need a emergency only evacuation
route, not more traffic. It seems the council is being influenced by outside groups who want to use our
neighborhood for their personal use and possibly monetary gain from turning us into another Moab.
We built up here because it was more remote from the town center and all the noise and traffic that it
entails, and because we love the feeling of living in nature and amazing wildlife. We feel the impact of
approval of this ordinance for Avon would severely impact the quality of life for us and our friends,
neighbors, and the wild animals that live here.
We strongly ask you to deny this ordinance, and not override the Wildridge Protective Covenants.
Sincerely,
Mary Harrel Lawrence
Donald J. McMahan
Page 113 of 177
From: Deb Lathram
Sent: Sunday, May 9, 2021 7:49 PM
To: Council Everyone Group <council@avon.org>
Cc: Deb Lathram
Subject: Support of OHV on streets in Wildridge for access to Trail heads
Dear Avon Town Council,
I would like to show my support for an ordinance that would allow OHV vehicles on our
Wildridge city streets to access the motorized trails in Wildridge.
I have heard some people are against this ordinance for a couple different reasons. They say
that this will increase the noise, traffic on our streets and that the OHV users are unsafe. This is
not true. Our motorcycles are all quieter than most vehicles on the road and can all easily be
road approved by just adding a mirror and a light. Both of my girls and husband have taken
safety courses and obey by the rules of the road that cars are supposed to obey. I would say I
have never had a problem with an OHV vehicle speeding in our neighborhood, but I have had
several automobiles almost hit me when I am walking and speed through our neighborhoods.
This will not increase traffic because the neighbors in Wildridge have already been using the
roads to the trail heads without incident for the last 16 plus years. This is our family activity
with my husband and two girls. I think this is an asset to our neighborhood that we have direct
access to our trails for our OHV vehicles. I have read comments from many households on
Engage Avon Website that are just like my family. They have kids and are using the outdoors as
a family activity with their OHV vehicles.
People say that our OHV vehicles will cause more pollution or cause fires from sparks. All our
OHV vehicles are registered with the state of Colorado and are required to have spark arresters
for fire safety. Also, all our OHV vehicles have mufflers/silencers that reduce the sound
pollution. As I have said before our motorcycles are quieter than most vehicles in our
neighborhood. In addition, the money we pay to Colorado to have our vehicles licensed every
year does back into trail maintenance.
Some people say that our vehicles have negative impact on the wildlife. Per studies that I have
read and my own experience as a VVMTA Trail Ambassador it is not the motorized vehicles that
cause issues with the wildlife it is the hiker and especially dogs off leash. If you look at the
people using the trails that are closed to protect the wildlife during the calving and migration
seasons it is primarily the hikers, off leash dog and mountain bikers that are using the trails
when they are closed. The OHV vehicles are abiding by the trail closes and protecting the
wildlife more than my neighbor who let their dogs run off leash on the closed trails or even
open trails chasing the wildlife.
One person on the last council meeting spoke against this ordinance (and he isn't even a
homeowner which I am). He indicated that the homeowner's association would not allow the
OHV vehicles on the streets to access the trailhead. The Wildridge Homeowners association was
Page 114 of 177
never fully formed and has never been enforced. As long as I have lived in my house people
have been using my street to access the 779 trailhead. I love seeing people out there using our
trails and again I think this is an asset to our neighborhood not liability.
I support the Avon Town council to adopt an ordinance that would allow our families and
neighbors to use the streets to access the trailheads with their OHV's. We have all different
users of trails in this valley. There are very few that allow OHV vehicles. Let's keep these trails
open and accessible to all users. I have read the comments in the Engage Avon Website and
there are many families like my own that use these trails in the Wildridge Area with their OHV's
and support this ordinance. I bought my house because of the access to the 779 trail and the
other trails in Wildridge. My family, mountain bikes, hikes, snowshoes, and uses are OHV
vehicles. I like the comment in the last Avon Town council meeting on this topic that if an
ordinance is adopted this is great time to help educate our entire community on our trails and
the rules they need to abide by.
KEEP OUR TRAILS OPEN TO ALL!!!!
Thank you,
Debbie Lathram
Page 115 of 177
From: Dan Lambert
Sent: Sunday, May 9, 2021 9:19 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge OHV support
Thanks for your time,
I am Dan Lambert, a long time local and local business owner. I am active in our community and plan
to retire and stay active in our community. I am very pleased to hear that Avon council has made the
decision to legitimize OHV use in the Wildridge neighborhood.
This letter is to support that decision and to thank Avon council for their continued fortitude in the face
of misinformed opposition. In addition to the obvious nonsense of the anti OHV folks, here is another
important consideration. In the very near future, concerns of internal combustion noise and emissions
will be winding down rapidly thanks to electric technology. All major automotive and power sport
companies are moving towards this technology as it is the right thing to do. Keeping year round access
to all user groups is the correct and mature answer to ensure the sustainability and wellbeing of our
community.
I wholeheartedly support and approve of this ordinance.
Sincerely,
Dan Lambert
Page 116 of 177
From: nicki morrone
Sent: Sunday, May 9, 2021 11:01 PM
To: Council Everyone Group <council@avon.org>
Subject: Opposed to OHVs in Wildridge
Dear Avon Town Council
I have been a resident of Avon for 26 years. 23 of those years I have lived in Wildridge. I currently live on
Flat Point approximately 1/4 of a mile from the 779 entry on Wildridge Road. I have walked the trail
many times over the years. I can understand why people want to access and spend time there; it’s
unspoiled and beautiful.
I can also tell you how the area has changed in the few last years with the increase of motorized traffic.
Years ago the trail was essentially void of motorized traffic. There was little erosion and the trail
remained in good condition. After June 21, I am now passed by numerous dirt bikes, ATV’s and jeep
tours turning the trail into a loud and dusty mess. Due to the increased usage the topsoil has eroded
leaving deep grooves on the trail. The dirt bikes and off-road vehicles created another trail next to the
original trail that is now impassable. How many more trails will be created when that one becomes to
eroded to drive on. Along with the increased usage comes trash, I now take a trash bag when I walk up
up 779. In the summer I have picked up all manner of trash: water bottles, energy bar wrappers and
toilet paper. One fall my husband extinguished a smoldering camp fire and removed the entrails of a
deer that was cleaned by hunters at the trailhead in Wildridge Road.
Unfortunately allowing OHVS access to Wildridge and 779 would come a cost that I do not believe is
worth the price. I am opposed to the proposal which would allow OHVs to use Avon’s town roads.
Sincerely,
Dominique Morrone
Page 117 of 177
From: JULIE OZOG
Sent: Monday, May 10, 2021 9:36 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV's in Wildridge
I am a Wildridge resident and am writing to let you know I support allowing Wildridge
residents to drive their OHV's to access the trails.
Page 118 of 177
From: Andrew Vonesh
Sent: Monday, May 10, 2021 9:39 AM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge forest access
To whom it may concern,
As a resident of Wildridge and an avid user of public lands I want to take a second to weigh in on the
proposals for increased OHV access through Avon....
Open it up. Open it all up. Give users of public lands the access points they need to enjoy what the west
provides.
Sincerely,
Jimmy Vonesh
Page 119 of 177
From: collin
Sent: Monday, May 10, 2021 10:24 AM
To: Ineke de Jong <idejong@avon.org>
Subject: Support for OHV access in wildridge
Hello,
My name is Collin Huggins, I own a small business locally and used to rent a commercial space
on metcalf. I also used to live in saddle ridge loop. I am in favor of allowing OHV access to the
trailheads.
Thanks.
-Collin
Page 120 of 177
From: Dee Wisor
Sent: Monday, May 10, 2021 11:40 AM
To: Council Everyone Group <council@avon.org>; Eric Heil ; Andrea Bryan
Subject: Town of Avon-First Reading of Ordinance 21-07 regarding Off Highway Vehicles
Mayor and members of Council, Eric and Andrea,
If Council intends to adopt the ordinance, I have the following comments for your consideration:
1. In the definition of Off-highway vehicle, there is an exclusion for military vehicles. Section 33-14.5-
101, CRS, does not provide for an exclusion for military vehicles. That exclusion was removed by the
Legislature in 2019 in SB 54. The statute now specifically provides: "off-highway vehicle" includes
surplus military vehicles as defined in section 42-6-102. There is a narrow exception for "A
surplus military vehicle, as defined in section 42-6-102 (20.5), that is owned or leased by a municipality,
county, or fire protection district, as defined in section 32-1-103(7), for the purpose of assisting with
firefighting efforts, including mitigating the risk of wildfires."
On a related note, the exclusions for self-balancing vehicles and ride-on lawn motors are not necessary
because self-balancing vehicles are not "designed primarily for use off of the public highways" and lawn
mowers are not "commonly used to transport people for recreational purposes." In other words, even
without the express exclusions they do not meet the definition of Off-highway vehicle.
I do see more e-bikes in Wildridge but I do not think they need to be covered in this ordinance. Section
42-4-1412, CRS, provides a comprehensive regulatory scheme for the use of bicycles, including e-bikes,
on public roads and has provisions regarding the use of certain types of e-bikes. For example, those
under the age of 16 cannot operate a class 3 e-bike (which is one that provides assistance only when the
rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight
miles per hour.)
2. The map that is attached is confusing, at least to me. I am not sure what the dotted lines are
for. Consider removing them.
3. Please require all drivers to have a driver's license. The Legislature made a policy decision that those
under 16 cannot operate a pedal assist e-bike that can go more than 20 mph but 28 mph or less. Why
should the same rule not apply to off-highway vehicles, particularly in Wildridge where the only thing
between pedestrians and vehicles is a rumble strip?
4. There is a typo in 10.40.030(e); the word "ad" should be "and".
5. In 10.40.030(m) providing for no operation of an Off-highway vehicle on a sidewalk, please add a
designated bike or pedestrian lane.
Page 121 of 177
If Council adopts this ordinance, it will be useful in addressing some of the historic issues related to the
behavior of some users of Wildridge roads only if there is education and enforcement by Avon PD.
Please consider recording the ordinance if adopted in the real estate records so that future buyers in
Wildridge can be made aware of this policy that is not consistent with the covenants that are off
record.
Thank you.
--
Dee Wisor
Page 122 of 177
From: Cathy Conroy
Sent: Monday, May 10, 2021 2:33 PM
To: Council Everyone Group <council@avon.org>
Subject: Off-Highway Vehicles Access to Public Roads
ATV_Opposition.pdf
Please see attached, summary of opposition to ordinance to allow off-highway vehicles access to roads
in Wildridge.
Thank you
Cathy Conroy
Page 123 of 177
From: Sean Reynolds
Sent: Monday, May 10, 2021 2:50 PM
To: Council Everyone Group <council@avon.org>
Cc: Scott Prince; Phil Matsen
Subject: In Support of OHV's in Wildridge
To Whom it may concern,
I'm writing in support of Allowing OHV's in the wildridge community. I've lived in the neighborhood for
36 years, been building and selling homes in the neighborhood my whole life as well. Having the access
points to the wilderness from our neighborhood is a special advantage and being able to leave your
home on an OHV to go and enjoy these areas is not only a reason I live in the neighborhood but why
many other people have joined the wildridge community to make it their home. I understand the
negatives and am in full support of making sure people travel the roads responsibly but not allowing it is
taking away a long standing advantage for the community.
I hope to raise my kids learning about and enjoying all the ways to access the natural wilderness all
around us just as I did growing up.
Thank you,
Sean Reynolds
Page 124 of 177
From: Charley Viola
Sent: Monday, May 10, 2021 3:12 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge
To the Avon Town Council:
I appreciate your work to date on the revised regulations regarding OHV use on the roads in
Wildridge. As a Wildridge resident for going on 30 years, the use of OHV’s has always been tolerated
and I fully support the recent efforts of the Council to memorialize this fact. Efforts to enforce the
current regulations would have significant blowback and many unintended consequences placing
pressure on limited parking resources.
It would appear that a handful of disgruntled neighbors living adjacent to the Forest Service access roads
have decided that asking the police to enforce laws that no one has cared about for over 30 years is
their best angle at eliminating dirt bike usage on the Forest Service access roads. Giving the police
department the tools to allow our residents the continued access to the forest directly from their homes
without being dragged into this squabble is a huge benefit to those of us whom value this form of
recreation and the police. Said neighbors have rallied the troops of others in the neighborhood that
have lots of time on their hands, so I would not be surprised if you have heard from a vocal minority
against the initiatives taken by the Council. Those of us who work for a living struggle a little more to
find the time to craft a letter in defense of this innocuous activity.
During the most recent work session when the council voted to move forward with drafting legislation
for consideration, I heard a few points from those whom object to OHV use on the roads. One amusing
basis for banning the usage was safety. Can’t argue with safety, but I would be curious if there have
been any accidents or incidents from unlicensed OHV usage on the Wildridge streets. I have heard of
none. These individuals may be well intended but while I appreciate their concern, I don’t need to be
saved from myself. Fun things in life may have some risk to those participating in those activities. That
is a choice we make when we mount our dirt bikes. The risk to others is worthy of consideration and I
can not think of any risk that those accessing the trails from the neighborhood pose to others. In fact, it
is no different from an ebike, which anyone can legally ride on the streets at any age and they go
roughly the same speed. I think that is an important point. E-bikes are socially acceptable for any age to
ride on our streets without limit or rules and are capable of travelling at or above the neighborhood
speed limits.
Another interesting angle brought up during the call was the possible impact that OHV use has on the
environment. I fully support efforts to protect our planet. I make efforts to reduce my carbon footprint
as much as possible but still choose to recreate and some of these activities, such as riding a motorcycle
or ATV, do burn fossil fuels. Again, this individual advocating banning OHV’s from the streets in
Wildridge has failed to calculate the impact on the environment. Forcing those of us that live in the
neighborhood to load a trailer and drive to another location to ride will produce far more greenhouse
gasses than riding from our houses to access the trails immediately adjacent to the neighborhood. This
argument is a poorly veiled attempt to ban a legal activity.
During the recent work session, I also heard those opposed to OHV use on the roads manipulating the
data from the recent Wildridge survey to imply that the results showed an opposition to continued
motorized use on Forest Service Road 779. The results were far from conclusive. While one slide may
show some opposition to continued use, another slide actually shows that 43% were supportive or very
Page 125 of 177
supportive of continued motorized and recreational use of 779 with only 31% being opposed or very
opposed to continued use. The remainder of those surveyed remained neutral on the topic. Regardless,
the numbers were far from compelling enough to overturn a 30 plus year practice and unfairly punish a
significant number of residents that value the ability to access Forest Service roads from their homes.
Wildridge is a diverse neighborhood. Home values range from $500,000 to $3,000,000. As such, you
will always have a diverse constituency with diverse values, activities, and age ranges. Many of those on
the younger range of the scale ride OHV’s and access the forest via the roads in Wildridge. Access to the
forest is why many of us chose the neighborhood and continue to live here. The ability to recreate in
the adjacent forest on OHV’s helps keep the neighborhood a vibrant and diverse community.
I strongly support community outreach and education to teach those riding OHV’s on the streets to be
good neighbors. I believe that many of us in the neighborhood are willing to help educate others to
achieve harmony among all residents with regards to this issue. I urge you to implement sensible policy
that allows the police to perform a more valuable role in our community rather than having to enforce a
meaningless law to satisfy a handful of disgruntled residents whom object to a 30 plus year practice.
Thank you for your time and efforts on this matter.
Best regards,
Charley Viola
Page 126 of 177
From: Dave Wilkison
Sent: Monday, May 10, 2021 3:48 PM
To: Council Everyone Group <council@avon.org>
Subject: resident 4495 wildridge rd
Hello council,
I have been in Wildridge near the trail head for the past 30 years.
The access from my house to the trail head is one of the reasons we bought ,built and live where we do.
The neighborhood has been fine with the access for years and why now is it a problem?
I guess to many new people with out the same interest as us old residents.
Times change but this shouldn’t!!
We will I guess then be breaking the law every time we want access either by a parking ticket or a ticket
for driving on the road. Or are you building trailer parking for access?
This makes it tough to enjoy why we moved to the neighborhood if this freedom goes away.
Time I guess to move on if this is what we let happen. Super Sad!!!
This Trail head access has been open since before the neighborhood even existed not fair to take it
away.
Thanks,
Dave Wilkison
Page 127 of 177
From: Nancy Glass
Sent: Monday, May 10, 2021 4:03 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV use in Wildwood and Wildridge and Metcalf
Hello,
I live at the top of Wildridge very close to road 779. I am in full support of OHV use on roads during
times when there is not a winter wildlife closure.
Nancy Glass
Page 128 of 177
From: Cooper Smith
Sent: Monday, May 10, 2021 4:25 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV use on Town streets in Wildridge
Dear Mayor and Council Members,
I am writing to ask for your support of the Ordinance which would allow for OHV use on Town streets in
Wildridge. I have spent my whole life, 17+ years, recreating in my backyard. Ever since I was 12, I have
been riding dirt bikes. We have always ridden responsibly, me and my friend group. It’s important for
my friends, my family and this Community to do stuff like that and to have access to the woods.
Thank you for your consideration.
Sincerely,
Cooper Smith, soon to be a registered Voter
Page 129 of 177
From: Patricia Plavec
Sent: Monday, May 10, 2021 5:38 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV on Wildridge Roads
Dear TOA Council,
I just wanted to reiterate the importance of allowing OHV to drive on town streets in Wildridge. OHV
usage in Wildridge has been happening for decades with minimal complaints. Approving OHV's to utilize
town streets to access trailheads is not going to create a sudden blow up of more people riding on the
streets. Should OHV be denied to drive on Wildridge streets to access trailheads, parking for cars and
trailers will need to be established to allow people to access forest service roads. This could be time
consuming and expensive.
After speaking with many people in the Wildridge community, I have learned that there are several OHV
enthusiasts that live here because they have these forest service access roads in their backyard. I also
spoke with many residents who may not own OHV vehicles, but want to see equity amongst ALL
outdoor recreational enthusiasts whether it be hikers, bikers, equestrians, or OHV users.
I appreciate you taking into consideration the importance of allowing OHV to use public streets in
Wildridge to access trailheads....our backyard.
Thank you,
Tisch Plavec
Page 130 of 177
From: George Plavec
Sent: Monday, May 10, 2021 6:06 PM
To: Council Everyone Group <council@avon.org>
Subject: wildridge
Dear Town of Avon Council,
I am writing to express the importance of allowing OHV to use Wildridge public roads to access forest
service road trailheads. I have lived in Wildridge for over 20 years and during that time have hiked,
mountain biked, and dirt biked the trails which begin in the Wildridge subdivision.
Several years ago I had to have hip replacements on both of my hips and as a result I am not able to
hike, heavily mountain bike, or dirt bike. In order to continue to enjoy the forest behind my house, as I
have been doing for the past 20 yrs., I need to use an ATV. Not allowing OHV's to ride a short distance
to the trailhead limits my opportunities to get out and enjoy my "backyard", the forest, of which is one
of the main reasons I moved to Wildridge so many years ago.
I'm hoping you will consider allowing OHV's to travel on Wildridge to access trailheads so that everyone
has the opportunity to get out and enjoy "our backyard"
Thank you for your time,
George Plavec
Page 131 of 177
From: Rolf Fischer
Sent: Monday, May 10, 2021 6:49 PM
To: Council Everyone Group <council@avon.org>
Subject: I support OHV use in Wildridge
• This Ordinance will not result in OHVs driving through the roundabouts in Town. The Ordinance would only provide for use on Metcalf Rd., Wildwood Rd. and streets in Wildridge to and from storage, garages or our homes to the trailheads. • The Ordinance will not increase traffic on town streets. We have been driving on OHVs on town street to and from the trailheads for the last 16+ years, without incident, see Policy Chief Daly's report. • The Ordinance will not create excess noise nor affect the peace and quiet enjoyment of our neighborhood. They are not any louder than construction, delivery and trash vehicles or lawn mowers. • The Ordinance will not cause more pollution because we will be able to legally ride close to home and avoid the gas guzzling, carbon emitting journey to a far away trailhead. • The Ordinance will not have a negative impact on wildlife. Studies show humans on foot, especially with dogs, more often invoke fight or flight response than humans on machines. • The Ordinance will not increase the risk of wildfires as our vehicles have spark arrestors. Additionally, our group may identify, put out and/or report fires caused by lightning strikes. • The Ordinance will not cause motorized use where it is not allowed. The land north of the Town of Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness Area nor a Roadless Area. It is designated for Motorized Use which includes OHV use. • Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable by the Town Attorney, see Memorandum from June, 2020, and the Town has a long history of allowing for use that is in violation of those Covenants. The Town should not choose to selectively enforce the Covenants against our particular user group. Sincerely, Rolf Fischer and Julie Cox
Page 132 of 177
From: James Harris
Sent: Monday, May 10, 2021 6:50 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge ohv use on streets
I’m a resident of Wildridge since 2016 and want to say that I am in firm support of ordinances allowing
0HV‘s to be driven on the streets of Wildridge to access forest roads.
I like that Wildridge doesn’t have a fun killing HOA that micromanages every aspect of homeownership.
There’s nobody out cruising the neighborhood measuring how long your blades of grass are. I think that
this ordinance would fit into the fun neighborhood that Wildridge is.
In my short time of living here I watched people move into the valley in Vail and slowly move down
valley with every move. One of the attractive things about eagle and gypsum is that they have these
ordinances in place making the area they live in more attractive to many OHV users.
Let’s not let the few people who don’t like to have any fun and would rather live in gated communities
with HOA’s get their way. These people are not impacted by OHV’s on the streets whatsoever. The
claim that they make a lot of noise just isn’t true. They make no more noise than most vehicles I hear
drive by my house. They pollute the atmosphere no more than cars. Having to trailer an OHV is going to
use a lot more fuel.
In this age of the cancel culture, let’s not let the fun killers win.
—Jim harris.
Page 133 of 177
From: Samantha Lathram
Sent: Monday, May 10, 2021 7:13 PM
To: Council Everyone Group <council@avon.org>
Subject: In Support of an Ordinance
Hello!
My name is Samantha Lathram. I am both a registered voter of Eagle County and a resident of Wildridge.
I would like to voice my support of establishing an ordinance to allow OHV vehicles on the roads of
Wildridge in order to access our forest service trails. I am an avid rider, as I was taught by my dad several
years back. To us, riding these trails is a family activity. I learned on these roads and these trails. I grew
up on them too. This ordinance will preserve this activity that is so important to myself, my little sister,
and my parents.
I understand that a small number of residents in my area have raised concerns about our ability to ride
on the streets to our trails. I myself at just 14 years old had one of these individuals call the police,
complaining about my learning to ride on the space in front of my own house. For the noise complaints,
bikes are required to have mufflers in order to take them onto national forest roads. These mufflers
keep the bikes rather silent, often not much louder than the engine of a car. They are also required to
have spark arrestors, mitigating the risk of forest fires. As far as environmental impact, such bikes do not
have negative affects on local wildlife, or pollution. Dirt bikes of the sort required a significantly smaller
volume of gas than that of a car, therefore leading to less carbon emissions than one’s daily drive to
school or work. For example, my bike’s tank is a little over a gallon of gas. I only need to refill that tank
every few rides.
If any other concerns are brought to my attention, or the attention of the Wildridge Trail Coalition, any
one of us will be happy to answer questions and put any said concerns to rest! I appreciate your
attention and reading what I have to say. Access to these trails is a part of my home, and has been dear
to my heart since I fell in love with the sport. Please protect our rights to our trails. They are a large part
of what make Wildridge such a special place to call home.
Thank you for your time!
Samantha Lathram
Page 134 of 177
From: Craig Lathram
Sent: Monday, May 10, 2021 7:27 PM
To: Council Everyone Group <council@avon.org>
Subject: Fw: Support of OHV on public streets in Wildridge
Hello,
I understand there is a counting of support letters for OHV's continued local trailhead
community access. I just wanted to make sure my voice was counted (as this was sent nearly a
month ago) if it wasn't already.
Thank you,
Craig Lathram
Page 135 of 177
From: Dave Dantas
Sent: Monday, May 10, 2021 7:30 PM
To: Council Everyone Group <council@avon.org>
Subject: Ordinance No. 21-07
Dear Honorable Mayor, Town Council, Town Manager,
First I would like to thank you all for your hard work throughout a very difficult year.
An ordinance is before the Town Council to allow Off Highway Vehicles to legally operate on Town
Roads. This Ordinance will need to vetted and changes made. We will have to discuss which roads, age
limits, noise limits and many other issues on this topic.
I do support allowing OHVs to operate legally and responsibly on certain Town roads.
Thank you,
Dave Dantas
Page 136 of 177
From: HALEY PLAVEC
Sent: Monday, May 10, 2021 8:12 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV on Public Roads
Hello Town of Avon Council,
I heard that the Town of Avon is considering adopting an ordinance to ride OHVs on roads in Wildridge
to access the forest. I have lived in Wildridge my entire life and was introduced to ATVs and dirtbikes at
a young age and love being able to ride just behind my house. It's great to live close enough to a trail
that I can independently ride because I can ride from my house. It's awesome to get out with my friends
who live in the neighborhood who also ride OHVs and explore the forest. It's a great sense of freedom
and gives me an opportunity to explore nature right outside my door.
I hope you will allow OHVs to ride the road to the trails so people, like myself, have the opportunity to
access forest land and enjoy the great outdoors. My parents have pushed me to get out and enjoy
nature in our valley and I've really had fun riding with my friends. It's a great way for me to get off my
phone and do other things.
Sincerely,
Haley Plavec
Page 137 of 177
From: d.epifanio
Sent: Monday, May 10, 2021 8:26 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV in Wildridge
Darren Epifanio
Page 138 of 177
From: Julie Harris
Sent: Monday, May 10, 2021 8:51 PM
To: Council Everyone Group <council@avon.org>
Subject: Support for OHV on public roads
Hi Avon Town Council,
I am writing in support of allowing off-highway vehicles on public roads, more specifically in the
Wildridge neighborhood.
My husband and I have a RZR and we enjoy the Red & White trail access that is right down the street
from our house. We have always driven our RZR to the trailhead and I have seen others do the same all
throughout the summer months without issue. The idea that we or anyone else that lives in this
neighborhood would have to trailer our OHV's to the trailhead is absolutely ridiculous to me. I
guarantee the next complaint would be about all the trailers parked along the road among other things.
Most of us moved to Wildridge because of the forest access as well as the lack of HOA rules. We are an
active outdoor community and it should be inclusive of all activities -- not just the ones that aren't
motorized. I support the town putting rules in place to regulate the use of OHV on Wildridge streets and
believe with proper education, we would experience the same success that other communities have
experienced.
Sincerely,
Julie Harris
Page 139 of 177
From: Jason Rosener
Sent: Monday, May 10, 2021 9:28 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV use on town streets
I am writing to SUPPORT the use of OHVs in Wildridge. My family and I have lived in Wildridge since
2017 and have seen no negative impact from these vehicles. I would like for it to become legitimate and
have the access to the trailheads that are so conveniently located next to the residents of Wildridge.
Please consider this from those who will be most affected and who will equally benefit - the RESIDENTS
of Wildridge.
Thank you,
Jason and Nicole Rosener
Page 140 of 177
From: Kelly Dantas
Sent: Monday, May 10, 2021 9:37 PM
To: Council Everyone Group <council@avon.org>
Subject: Ordinance allowing OHV use on town streets
Dear Mayor and Council Members,
I am a full time time Avon resident and live at 4791 Wildridge Road West. Our family loves outdoor
activities and built our home in 2004 largely because of the amazing trail access. We love Wildridge and
have recreated on Forest Service Roads 717 and 779 since we moved here. It is an incredible
amenity. We are in full support of formalizing the legal use of OHVs on Town streets to and from these
trailheads.
Sincerely,
Kelly Dantas
Page 141 of 177
From: Brad Ernest
Sent: Monday, May 10, 2021 10:24 PM
To: Council Everyone Group <council@avon.org>
Subject: Support of OHV use on TOA streets
Hello Council,
I am writing in support of allowing OHV use on the town of Avon streets, specifically Nottigham, Metcalf,
and the surrounding Wildrige and Wildwood areas. I myself live on Metcalf Rd and one of the reasons I
love living here is the easy access to the trails and national forest for my dirt bike.
We OHV operators will not increase traffic in the area as we have been doing this for 16+ years, just in a
gray area of the law. We respect all road laws and speed limits, while also being no louder than standard
delivery and trash trucks, diesel trucks and lawn mowers that are used on a daily basis.
Being able to ride our OHVs home will limit emissions by eliminating the need to trailer a dirtbike or side
by side with a gas guzzling suv or truck.
All of our vehicles have spark arrestor therefore not increasing the risk of wildfires. If anything all the
OHV users may help identify, report, put out fires caused by lightning strikes.
The Ordinance will not cause motorized use where it is not allowed. The land north of the Town
of Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness
Area nor a Roadless Area. It is designated for Motorized Use which includes OHV use.
Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable
by the Town Attorney, see Memorandum from June, 2020, and the Town has a long history of
allowing for use that is in violation of those Covenants. The Town should not choose to
selectively enforce the Covenants against our particular user group.
Thank you for you time and I hope to see a resolution passed allowing the continued use of
OHV on the TOA streets in Wildridge.
All the best,
Brad Ernest
Page 142 of 177
From: Jason Roberts
Sent: Tuesday, May 11, 2021 7:27 AM
To: Council Everyone Group <council@avon.org>
Cc: devon@wildridgetrailcoalition.org
Subject: OHV's on Town Streets
Dear Mayor and Council Members,
I live on June Creek Trail and I am a full time resident of Wildridge. Since we purchased in 2004, our
family has recreated on Forest Service Roads 717 and 779. This access is why we chose to live in
Wildridge. It is an incredible amenity. We are in support of formalizing the legal use of OHVs on Town
streets to and from the trailheads.
Sincerely,
Jason Roberts
Page 143 of 177
From: Jackie Work
Sent: Tuesday, May 11, 2021 7:45 AM
To: Council Everyone Group <council@avon.org>
Subject: support of OHV Ordinance
Dear Avon Town Council.
As constituents of Avon, our family is in support of OHV use on the streets of Wildridge. We have been
utilizing the beautiful trails behind our home on Wildridge Road for over 12 years. We have ATVs and
have been accessing these trails by carefully and respectfully traversing the roads in Wildridge from our
garage at our home to the trail heads without incident all this time as we are mindful of the rules of the
road and safety. We and our fellow neighbours simply want to enjoy the outdoor activities and have no
intention to drive an ATV on main roadways outside of Wildridge. This has not increased traffic or noise
in our neighbourhood, and our community roads are enjoyed by multiple sport enthusiasts from cyclists,
dirt bikes, hikers, and ATV riders; all while respecting each other’s right of use and being mindful of
safety of all. We have experienced more regular noise from the various garbage trucks, lawn mowers,
weed whackers, and barking dogs than we have ever heard from any neighbour on an OHV. The
assertion that this ordinance will increase OHV use and add to negative impact on wildlife is
absurd. More reports of negative altercations with wildlife have been from people hiking of foot,
particularly while walking dogs.
The only people using OHVs live within the Wildridge community already, and it is not feasible to trailer
these vehicles to Wildridge trailheads by others who live outside our neighbourhood. There is simply
nowhere to park them. Our ATVs are equipped with spark arresters and will not cause a wildfire, and
ATV riders provide additional eyes on the forests to report any hazards or signs of fires. OHV will not
result in them being driven into town on the main roadways, in roundabouts, or on the highway. The
assertion that OHVs will increase pollution is also ridiculous; it will result in the opposite as preventing
OHV owners from being able to easily access local trailheads will just force them to use gas guzzling
SUVs and trucks to trailer their OHVs to trail head points.
Additionally, the land north of the town of Avon for miles and between Muddy Pass and Red Sandstone
Road is neither a wilderness area nor a roadless area. It is designated for motorazied use, which
includes OHVs. The Wildridge Covenants have been deemed unenforceable by the Town Attorney, per
the Memorandum of June 2020. The town has a long history of allowing for use that is in violation of
those covenants. The Town should not choose to selective enforce the Covenants against a particular
user group. It is not only unfair but sends the message that the Town will discriminate at whim. We
moved to the area, particularly to Avon, because of all the beautiful trails and the openness of
multisport use. We implore you to please let common sense prevail.
Respectfully,
John-Brian and Jackie Work
Page 144 of 177
From: Richard Dalton
Sent: Tuesday, May 11, 2021 7:46 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV on roads
My name is Richard Dalton and I have lived at 5040 Wildridge Road East, unit A, since September of
2019. I purchased my property for a number of reasons, one of which was the access to the trails for
riding my motorcycle and mountain bikes. Please do not limit OHV access to the roads in
Wildridge! Your consideration is appreciated!
Richard Dalton
Page 145 of 177
From: Les Boris
Sent: Tuesday, May 11, 2021 7:55 AM
To: Council Everyone Group <council@avon.org>
Subject: Support for OHV Ordinance
Attention Avon Town Council-
As a constituent of Avon, my family and I are in support of Off Highway Vehicles to be legally allowed on
Wildridge Roads. We live on Wildridge Road and own ATVs. We have been driving the short distance
from our house to the trailheads behind our house without incident for over 10 years. We purchased in
Wildridge for this express purpose: to be able to access the trails. We do not agree with any of the
arguments put forth by those opposing as long time use and evidence proves the contrary.
Yours truly,
Les and Catherine Boris
Page 146 of 177
From: rudi baldwin
Sent: Tuesday, May 11, 2021 8:04 AM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge OHV
Hello Council,
I am writing in support of allowing OHV use on the town of Avon streets, specifically Nottigham, Metcalf,
and the surrounding Wildrige and Wildwood areas. I myself live on Metcalf Rd and one of the reasons I
love living here is the easy access to the trails and national forest for my dirt bike.
We OHV operators will not increase traffic in the area as we have been doing this for 16+ years, just in a
gray area of the law. We respect all road laws and speed limits, while also being no louder than standard
delivery and trash trucks, diesel trucks and lawn mowers that are used on a daily basis.
Being able to ride our OHVs home will limit emissions by eliminating the need to trailer a dirtbike or side
by side with a gas guzzling suv or truck.
All of our vehicles have spark arrestor therefore not increasing the risk of wildfires. If anything all the
OHV users may help identify, report, put out fires caused by lightning strikes.
The Ordinance will not cause motorized use where it is not allowed. The land north of the Town of
Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness Area nor a
Roadless Area. It is designated for Motorized Use which includes OHV use.
Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable by the
Town Attorney, see Memorandum from June, 2020, and the Town has a long history of allowing for use
that is in violation of those Covenants. The Town should not choose to selectively enforce the
Covenants against our particular user group.
Thank you for you time and I hope to see a resolution passed allowing the continued use of OHV on the
TOA streets in Wildridge.
Page 147 of 177
From: howell lowe
Sent: Tuesday, May 11, 2021 8:58 AM
To: Council Everyone Group <council@avon.org>
Subject: ohv legalization on Avon and Wildridge roads
Good day:
We live at 4221 Wildridge road West and are permanent residents. We oppose the ordinance to allow
ohv vehicles on roads.
I personally own an ATV, snowmobile and street and dirt motorcycles and have ridden trails and street
for over 50 years.
Because of increased traffic allowing unlicensed vehicles would be dangerous to the increased number
of pedestrians and other legitimate street vehicles, not to mention the noise.
Most importantly passing this ordinance would greatly increase the fire risk. In Wildridge where the
winds are brutal a grass or forest fire could be devastating.
Lastly please advise Amy Phillips that Wildridge is part of Avon and the roads belong to the tax paying
residents of this town of which you are supposed to represent not dictate.
Please try to remember that government is for the people !
Buddy Lowe
Page 148 of 177
From: noreply@civicplus.com
Sent: Tuesday, May 11, 2021 9:31 AM
To: Council Everyone Group <council@avon.org>
Subject: Online Form Submittal: Public Comment
Public Comment
CONTACT TOWN STAFF & ELECTED OFFICIALS
Name Tab Bonidy
Department you wish to
contact
Avon Town Council
Message Please pass the ordinance legalizing OHV to drive on the roads in
Wildridge. We have been doing this for years without incident and
there is no reason not to legalize it. It is the perfect community to allow
this as to the access to the National Forest is right there.
Page 149 of 177
From: devondecrausaz
Sent: Tuesday, May 11, 2021 10:03 AM
To: Council Everyone Group <council@avon.org>
Subject: Email in support of OHV use on Town Streets in Wildridge
Dear Mayor and Council Members,
I live at 5796 Wildridge Rd. E., adjacent to the Forest Service Rd 779 trailhead. We
have lived here since January, 2000. I am in support of the Ordinance allowing OHV
use of Town streets in Wildridge.
In reading the oppositions emails, I have a few thoughts:
• This Ordinance will not result in OHVs driving through the roundabouts in
Town. The Ordinance would only provide for streets in Wildridge to and from
storage, garages or our homes to the trailheads.
• The Ordinance will not increase traffic on town streets. We have been driving on
OHVs on town street to and from the trailheads for the last 16+ years, without
incident, see Policy Chief Daly's report.
• The Ordinance will not create excess noise nor effect the peace and quiet
enjoyment of our neighborhood. They are not any louder than construction,
delivery and trash vehicles or lawn mowers.
• The Ordinance will not cause more pollution because we will be able to legally
ride close to home and avoid the gas guzzling, carbon emitting journey to a far
away trailhead.
• The Ordinance will not have a negative impact on wildlife. Studies show humans
on foot, especially with dogs, more often invoke fight or flight response than
humans on machines.
• The Ordinance will not increase the risk of wildfires as our vehicles have spark
arresters. Additionally, our group may identify, put out and/or report fires caused
by lightning strikes.
• The Ordinance will not cause motorized use where it is not allowed. The land
north of the Town of Avon, for miles, and between Muddy Pass and Red
Sandstone Rd. is neither a Wilderness Area nor a Roadless Area. It is
designated for Motorized Use which includes OHV use.
• Last, but not least, the Covenants. The Wildridge Covenants have been
deemed unenforceable and meaningless by the Town Attorney, see
Memorandum from June, 2020, and the Town has a long history of allowing for
use that is in violation of those Covenants. The Town should not choose to
selectively enforce the Covenants against our particular user group.
Please support the Ordinance allowing OHV use on Town streets in Wildridge.
Thank you so much!
Devon DeCrausaz
Page 150 of 177
From: Devon DeCrausaz
Sent: Tuesday, May 11, 2021 10:11 AM
To: Ineke de Jong <idejong@avon.org>; Council Everyone Group <council@avon.org>
Subject: FW: Wildridge OHV
Wildridge OHV.pdf
Good morning,
My husband, Rick Smith, uploaded the attached yesterday to the EngageAvon website but it doesn’t
look like it made it into the Council packet. Would you please confirm it is included.
Thank you so much!
Devon
Devon DeCrausaz
Page 151 of 177
From: Carel Slatkoff
Sent: Tuesday, May 11, 2021 10:44 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV Ordinance
Mayor Smith-Haymes and Members of the Avon Town Council
A recent article in the Vail Daily recounted how the Vail Town Council was working to protect the
neighbors of the Booth Fall Trailhead. It stood in stark contrast to the way in which Wildridge seems to
be a constant target for the Town Council.
A survey was conducted in 2020 to “take the pulse” of Wildridge on various issues.
Somehow the Council seems to have lost the results. Living at the 4 way intersection in Wildridge, I
perish the thought of even more off road vehicles on our streets. The noise factor, impact on wildlife
and increased traffic are surely not in this neighborhood's best interest.
I hope the Council can find alternative projects to give their attention to.
Carel Slatkoff
Page 152 of 177
From: Mike Swann
Sent: Tuesday, May 11, 2021 11:00 AM
To: Ineke de Jong <idejong@avon.org>
Subject: Wildridge OHVs
I would like to write in support of the use of OHVs in Wildridge subdivision. I live in Wildridge and think
the use of OHVs by our neighbors to access trails.
Thank you.
Michael Swann
Page 153 of 177
From: Lauren McElroy
Sent: Tuesday, May 11, 2021 11:25 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV use on Streets in Wildridge
To whom this may concern -
I am FOR the use of Off-Hwy vehicles on the upper streets in Wildridge (for use on Metcalf Rd.,
Wildwood Rd. and streets in Wildridge to and from storage, garages or our homes to the
trailheads).
And would love to extend the ordinance to Edwards as well!
--
Lauren McElroy
Page 154 of 177
From: cole plavec
Sent: Tuesday, May 11, 2021 11:47 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV usage
Dear TOA Council,
Having grown up in Wildridge I have enjoyed and appreciated the opportunity to access the forest on
my dirtbike straight from my house. It has been an activity that my family and I have shared for many
years and I am thankful that I've had exposure to nature at such a young age in a fun way. I now find
myself wanting to continuously get out in the wilderness, whether it's on a dirtbike, skis, hiking,
mountain bike or snowmobile. I feel fortunate to grow up in an environment where I can recreate
outdoors in a variety of ways and hope this remains an opportunity for others growing up in this valley.
I would like to see OHV usage on Wildridge roads approved so everyone has an opportunity to access
forest roads in a way that best fits their lifestyle. Thank you for listening to my concerns.
Cole Plavec
Page 155 of 177
From: marcie glowacki
Sent: Tuesday, May 11, 2021 11:54 AM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge in support of OHV
I Marcie Greis am in support of OHV use on streets in Wildridge.
I too have experienced illegal unlawful rights against me/property by the City of Avon because of their
own personal views and personal relationships in the valley, while turning a blind eye on others because
of special interest.
This will be addressed in the near future.
Kind Regards,
Marcie Greis
Page 156 of 177
From: Rick Smith
Sent: Tuesday, May 11, 2021 12:02 PM
To: Council Everyone Group <council@avon.org>
Subject: Supporting OHV in Wildridge
My name is Rick Smith my family and I have lived in Wildridge for 22 years and we live adjacent to the
Red and White trailhead. We are in strong support of allowing OHV access on Wildridge roads.
I have studied the opposition’s opinions and found them lacking in fact, based on opinion and totally
subjective in nature. I’d like to respond to these opinions:
• Violation of the Wildridge Covenants: The Town of Avon’s Attorney, Mr. Wiser, in his June 14, 2020
letter to Mayor Smith Hymes and the TOA’s Town Council, clearly articulates;
“While the WDC intended the provisions of the Covenants to be enforceable throughout
Wildridge through at least 2079, the dissolution of the WDC and Covenants Committee have
made enforcement of the Covenants impossible, and therefore rendered them essentially
meaningless.”
• Environmental damage: The Opposition clearly does not understand the unintended consequences
of their position. If on road access in Wildridge is denied, owners of OHVs would then be required to
load their OHV on a trailer and pull the trailer to the Red & White or June Creek trailheads with their
truck or worse yet, haul their OHV some 20-30 miles to Eagle or Gypsum, incurring a much larger
carbon footprint. I also wonder if the opposition who lives adjacent to the trail heads understand
the line of trucks and trailers which would accumulate along the side of the road. Unless of course
they would require that to be prohibited as well, which would essentially mean there would be zero
ability to gain access to Forest Service land by OHV.
• Community Survey: A portion of the Opposition claims the survey was a clear referendum against
OHV on Wildridge roads and the Town Council should pay attention and “listen to the will of the
people”. Again, a totally erroneous and misleading conclusion. If you analyze the survey, it indicates
nothing of the kind. In fact, 43% are Supportive or Very Supportive of “continue motorized vehicular
and recreation use of Road #779” and if you include the “neutral” score it goes up to 69% and only
31% are Opposed or Very Opposed. When the question is asked in the negative; Do you support the
discontinuing motorized vehicular use of Road # 779 and limiting use to passive recreations? The
number of Supportive and Very Supportive is 44%, the Very Opposed and Opposed is 32%,
HOWEVER, you have a large group of 24% undecided. Hardly a referendum to discontinue
motorized vehicles.
• Noise: The Opposition feels OHVs are too loud. As I mentioned we have lived next to Red & White
for more than 20 years and have never been bothered, in the slightest, by the noise of OHVs and I
have never heard any of our neighbors complain of noise. Additionally, you do not hear noise as an
issue with OHVs in Eagle and Gypsum. You can hear lawn mowers and weed whackers as much as
you can OHV and for longer periods of time. I can only assume the next move by this group is to try
and ban the use of gas driven mowers and weed trimmers. I get the sense they want to turn
Wildridge into a quite retirement community. Establishing a 10-15 mile/hour speed limit will also
significantly reduce noise from OHVs.
Page 157 of 177
• Safety: The Opposition feels OHVs are a safety hazard. Again, nothing based on fact only opinion. If
OHVs were unsafe we would have had accidents during the last 20 years with OHVs on Wildridge
roads and furthermore, you would have heard of concerns voice in Eagle and Gypsum. No such
concerns exist and like their other arguments, this is a total “Red Herring”. Furthermore, Chief Daly
Report indicates no concern whatsoever about OHV use on Wildridge roads. Let’s make sure we
listen to our Safety Experts on this issue and not an emotional argument that has no basis in fact.
One other very important point I think you should consider and that is ensuring access to Forest
Service land by the Disabled. The Disabled is a group of Americans we hold dear, cherish and do
everything we can as a Country to protect and give them equal access. While the Americans with
Disability Act (ADA) is not legally applicable in this situation, certainly the spirit of the law is. One of
the only ways this group can gain access is via OHV, please don’t forget this group.
I also read one of the Opposition’s letter to the Town Council stating the Glenwood Fire was caused
by “sparks”, inferring sparks from OHVs would be a fire hazard. In fact, it was reported the fire
started from sparks from a chain being dragged by a semi-truck or the other root cause is thought to
be from cigarette. Again, the Opposition is trying to mislead you into a totally false narrative to
advance their position.
A last point I would like to make to the Avon Town Council and Mayor; I consider you to be Leaders
in this community, more so than Politicians. As such I would like to advise you of a mistake many
leaders make and that is being leaders known as “Takeaway” Leaders. This is a leader who takes
away a benefit greatly valued by a group of people, in this case the citizens of Wildridge. I have
found the only time this comes close to being justified is if there is a compelling reason for the
takeaway. I hope I and the other supporters of OHVs have made the case, these positions of the
Opposition are no way close to compelling, but instead based on untruths and feelings.
I know as a leadership group your Vision (although I could not find the Town’s Vision or Mission on
your website or in other documents) for the community has to do with something around vibrancy
and energy as evidence by the outstanding work done on mountain bike trails, Nottingham Lake
beach and stage. OHVs and exploring the national forest contribute to that vibrancy and energy.
Please continue to support OHV access on Wildridge roads.
Respectfully,
Rick Smith
Page 158 of 177
From: christy brown
Sent: Tuesday, May 11, 2021 12:36 PM
To: Council Everyone Group <council@avon.org>
Subject: IN SUPPORT OF OHV use on town streets in Wildridge
To whom it may concern -
I am a mother of two up an coming outdoor enthusiast - be it on their feet for a hike - or
on a OHV with me and their dad!
I am a full time resident in Wildridge at 4560 Flat Point. Access to forest roads 717 and
779 are very important to me and the family. This is the WHY to our home and the WHY
to living in Wildridge. It’s in the name of the neighborhood!
Myself and my family are in FULL SUPPORT of formalizing the legal use of OHVs on
town streets to and from the trailheads.
Thank you for reading. Please don’t take this amazing-ness away from us.
Christy Ball
Page 159 of 177
From: Peter marc De meillac
Sent: Tuesday, May 11, 2021 12:55 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV use in Wildridge
Town Council Members
I am a full time Wildridge resident and love everything about this community. I often tell others that we
live in the last real neighborhood in the upper valley. What I mean by this is that we are mostly
homeowners and long term renters here. This is one of the last places that you can park on the road in
front of your house, keep your camper, snowmobile or boat in your driveway and ride your OHV to
public forrest access.
My 2 sons and I are avid OHV users and use the access road 772 and June creek access rd weekly from
the week they open to the week they close for dirt biking, camping and hunting access. We ride
respectfully, slowly and as quietly as possible while in the neighborhood and are always greeted by
fellow community members by waves and smiles. The deer and dogs do not flee as we ride by and are
all accustomed to hearing and seeing these vehicles.
The question of use of OHVs in the neighborhood was put forth in the Wildridge survey and it seems to
be an issue that has drawn fairly neutral results. This has nothing to do with the town on the valley
floor, the roundabouts or any residents that do not live in Wildridge. OHVs used by responsible owners
are not a danger to the community and are probably less of a danger to the owners than the hundreds
of bicyclists that use our access hill and neighborhood roads to get their exercise. We are not trying to
keep these bicycles out of our neighborhood although they do cause concern to drivers as we navigate
our shared roads
Please pass this ordinance to allow OHVs to use the roads in Wildridge The Town of Avon loves to say
that we are a community and not a town so let the community of Wildridge continue to be a real
mountain town where we can access the mountains that we have all moved here to enjoy
Thanks for your time
P.Marc DeMeillac
Page 160 of 177
From: Tony Larese
Sent: Tuesday, May 11, 2021 1:53 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge OHV
Council,
15 year Wildridge resident and I am 100% in support of OHV use on the streets of Wildridge.
Thank you,
Tony Larese
Page 161 of 177
From: Ashley Reynolds
Sent: Tuesday, May 11, 2021 2:02 PM
To: Council Everyone Group <council@avon.org>
Subject: Support OHV use on town streets in Wildridge
Dear Mayor and Council Members,
I live at 5032 Wildridge Rd, and am a full time resident of Wildridge. My family has lived in Wildridge for
10 years (well Sean most of his life), our family has recreated on Forest Service Roads 717 and 779. This
access is why we chose to live in Wildridge. It is an incredible amenity. We are in support of formalizing
the legal use of OHVs on Town streets to and from the trailheads.
Sincerely,
Ashley Reynolds
Page 162 of 177
From: d.epifanio
Sent: Tuesday, May 11, 2021 2:12 PM
To: Ineke de Jong <idejong@avon.org>
Subject: Re: OHV in Wildridge
Hello this is Darren Epifanio I’m sorry I did not put it in the proper subject line but I would like a letter to
know that I am for allowing OHV vehicles in wild Ridge I am a resident of 2281 Old Trail Rd. for the last
20 years and avid motorcyclist and feel that they should be open to the public thank you very much
Darrren Epifanio
Page 163 of 177
From: Shane Macomber
Sent: Tuesday, May 11, 2021 3:19 PM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge Road to Trail Access
Dear Mayor and Council Members,
I live at 2475 Old Trail Road Unit A and am a full-time resident of Wildridge. Since we purchased in
20XX, our family has recreated on Forest Service Roads 717 and 779. This access is why we chose to live
in Wildridge. It is an incredible amenity. We are in support of formalizing the legal use of OHVs on
Town streets to and from the trailheads.
Sincerely,
Shane and Lindsay Macomber
Page 164 of 177
From: korby fleischer
Sent: Tuesday, May 11, 2021 4:00 PM
To: Council Everyone Group <council@avon.org>
Subject: Support OHV Wildridge
I am in support of OHV to be used on public roads in Wildridge to access the trail heads.
Wildridge home owner since 2005 and live near the 779 trailhead.
In addition would like for council look into reopening 779 for snowmobiling.
Korby Fleischer
Page 165 of 177
From: Shane Macomber
Sent: Tuesday, May 11, 2021 4:10 PM
To: Council Everyone Group <council@avon.org>
Subject: Supporting OHVs
Dear Mayor and Council Members, I live at 2475 Old Trail Rd and am a full time resident of Wildridge. Since we purchased in 2016, our family has recreated on Forest Service Roads 717 and 779. This access is why we chose to live in Wildridge. It is an incredible amenity. We are in support of formalizing the legal use of OHVs on Town streets to and from the trailheads. Sincerely, Shane Macomber
Page 166 of 177
From: Lindsay Macomber
Sent: Tuesday, May 11, 2021 4:12 PM
To: Council Everyone Group <council@avon.org>
Subject: Supporting OHVs
Dear Mayor and Council Members,
I live at 2475 Old Trail Rd and am a full time resident of Wildridge. Since we purchased in 2016, our
family has recreated on Forest Service Roads 717 and 779. This access is why we chose to live in
Wildridge. It is an incredible amenity. We are in support of formalizing the legal use of OHVs on Town
streets to and from the trailheads.
Sincerely,
Lindsay Macomber
Page 167 of 177
From: Mickie Eggebrecht
Sent: Tuesday, May 11, 2021 4:14 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV ordinace in Wildrige
I would like to voice my support in favor of the ordinance for OHV in Wildridge.
Thank you
Mickie Eggebrecht
1031 B Wildridge rd
Page 168 of 177
From: Shana Larsen
Sent: Tuesday, May 11, 2021 9:20 PM
To: Council Everyone Group <council@avon.org>
Subject: SUPPORT FOR OHV USE
Hello Council,
I am writing in support of allowing OHV use on the town of Avon streets, specifically Nottigham, Metcalf,
and the surrounding Wildrige and Wildwood areas. One of the reasons I love living here is the easy
access to the trails and national forest for my dirt bike.
We OHV operators will not increase traffic in the area as we have been doing this for 16+ years, just in a
gray area of the law. We respect all road laws and speed limits, while also being no louder than standard
delivery and trash trucks, diesel trucks and lawn mowers that are used on a daily basis.
Being able to ride our OHVs home will limit emissions by eliminating the need to trailer a dirtbike or side
by side with a gas guzzling suv or truck.
All of our vehicles have spark arrestor therefore not increasing the risk of wildfires. If anything all the
OHV users may help identify, report, put out fires caused by lightning strikes.
The Ordinance will not cause motorized use where it is not allowed. The land north of the Town of
Avon, for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness Area nor a
Roadless Area. It is designated for Motorized Use which includes OHV use.
Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable by the
Town Attorney, see Memorandum from June, 2020, and the Town has a long history of allowing for use
that is in violation of those Covenants. The Town should not choose to selectively enforce the
Covenants against our particular user group.
Thank you for your time and I hope to see a resolution passed allowing the continued use of OHV on the
TOA streets in Wildridge.
Sincerely,
Shana Larsen
Page 169 of 177
From: Tony Sharp
Sent: Tuesday, May 11, 2021 11:26 PM
To: Council Everyone Group <council@avon.org>
Subject: Off-road vehicle use on city streets
Thanks for this opportunity to express my opinion.
I think that within the boundaries of my neighborhood, Wildridge, the use of off-road vehicles on city
streets shouldn’t be a problem, as long as they have mufflers and are driven by licensed drivers.
My concern is with the use of OHV on Metcalf Road. Since there is very limited parking available
in Wildridge, most visiting OHV users will have to park on Nottingham Road, and use Metcalf Road to
access the OHV areas above us. Metcalf Road is a busy road, from top to bottom. Even though the
commercial section is in the lower half, commercial vehicles regularly come all the way up to the turn
around to head back down. This is a very busy road, and can be dangerous.
I don’t think this is a safe route for OHV users to get to the wilderness areas. I think Metcalf Road should
be excluded from the proposal. The Town needs to come up with a better solution. I would be happy to
participate in that discussion.
Kind regards,
Tony Sharp
Page 170 of 177
From: Edwards Ty <t3j3e3@yahoo.com>
Sent: Wednesday, May 12, 2021 10:41 AM
To: Council Everyone Group <council@avon.org>
Subject: In SUPPORT of OHV allowance
Hello Council,
I am writing in support of allowing OHV use on the town of Avon streets, specifically Nottigham, Metcalf,
and the surrounding Wildrige and Wildwood areas. One of the reasons I love living here is the easy
access to the trails and national forest for my dirt bike.
We OHV operators will not increase traffic in the area as we have been doing this for 16+ years, just in a
gray area of the law. We respect all road laws and speed limits, while also being no louder than standard
delivery and trash trucks, diesel trucks and lawn mowers that are used on a daily basis.
Being able to ride our OHVs home will limit emissions by eliminating the need to trailer a dirtbike or side
by side with a gas guzzling suv or truck.
All of our vehicles have spark arrestor therefore not increasing the risk of wildfires. If anything all the OHV
users may help identify, report, put out fires caused by lightning strikes.
The Ordinance will not cause motorized use where it is not allowed. The land north of the Town of Avon,
for miles, and between Muddy Pass and Red Sandstone Rd. is neither a Wilderness Area nor a Roadless
Area. It is designated for Motorized Use which includes OHV use.
Last, but not least, the Covenants. The Wildridge Covenants have been deemed unenforceable by the
Town Attorney, see Memorandum from June, 2020, and the Town has a long history of allowing for use
that is in violation of those Covenants. The Town should not choose to selectively enforce the Covenants
against our particular user group.
Thank you for your time and I hope to see a resolution passed allowing the continued use of OHV on the
TOA streets in Wildridge.
Sincerely,
Ty Edwards
Page 171 of 177
From: Seth Proper
Sent: Wednesday, May 12, 2021 2:02 PM
To: Council Everyone Group <council@avon.org>
Subject: OHV use on Wildridge Streets
Hello,
As a full time resident in wildridge i wanted to email to to let you know i am in support of allowing OHV
use on the streets of wildridge. please dont remove this privilege as its part of the reason i moved here
as i have been an avid ATV and Dirtbike rider my whole life. This could defeat the purpose of me coming
here as a full time resident if this passes
Please feel free to contact me anytime should you like to discuss further
Thank you
Seth Proper
Page 172 of 177
From: jan livergood
Sent: Thursday, May 13, 2021 2:48 PM
To: Council Everyone Group <council@avon.org>
Subject: wildridge Ordinance
Dear Avon Town Council,
I have been a resident of Wildridge for over 30 years. I have seen the area grow and some residents are
becoming slightly more agitated with the use of common areas.
When I purchased my property I was never promised or told that the Forest road ,#779, was intended
for public use. It is a US forest road access only.
I truly hope you take into consideration that this road be used for what it was intended for.
In the last few years the amount of traffic, noise and theft has increased. It was very pleasant this last
winter to enjoy the backcountry without motorized vehicles.
Page 173 of 177
From: Rich Gutfreund
Sent: Saturday, May 15, 2021 9:55 AM
To: Council Everyone Group <council@avon.org>
Subject: OHV use in Avon.
Dear Council,
As a Wildridge resident/owner I see no reason to not allow OHV use on the streets as there are access
points to ride these vehicles and getting to there is easier to ride to than load up another vehicle and drive
to a trailhead that is a mile or so away. After all, this is a mountain town and we should allow a certain
freedom of travel that makes logical sense living in our area.
I do not own a OHV but do mountain bike and have that right to ride wherever I like to without loading
up every time I want to ride. I think the overall use would be minimal when looking at other areas and
should be granted. Thanks for addressing this issue at the meetings so far.
Sincerely,
Richard Gutfreund
Page 174 of 177
From: David Anderson
Sent: Tuesday, May 18, 2021 10:00 AM
To: Council Everyone Group <council@avon.org>
Subject: Support for OHV use in Wildridge
I live at 5749 E. Wildridge Rd, Unit E. close to one of the main backcountry access points.
I do not have a OHV, but have not found them to be an issue. I do not see a need to restrict the few
people that use OHV’s up here.
Respectfully,
David M. Anderson
Page 175 of 177
From: Norman Mejia
Sent: Wednesday, May 19, 2021 10:06 AM
To: Council Everyone Group <council@avon.org>
Subject: Wildridge UTV's
To Whom it May Concern,
I am writing to join my voice to those who call for allowing the use of ATV’s/?UTV’s on the streets of
Wildridge. Those of us who are fortunate enough to call Wildridge home, enjoy the ability to drive our
vehicles from our homes to the multiple trailheads that allow us access to BLM lands. No one is
expecting to drive their off highway vehicles through the busy streets of Avon in order to have dinner at
Vin48, however, being required to trailer up in order to drive a mile or two in order to access trailheads
will not serve anyone! It will lead to crowded trailheads, increased traffic in certain areas and also
increased parking in front of residences. Please don’t try to find a solution to a problem that doesn’t
exist.
Thank you,
Norman Mejia
Page 176 of 177
From: Debbie Voboril
Sent: Thursday, May 20, 2021 8:54 AM
To: Council Everyone Group <council@avon.org>
Subject: Off Highway Vehicles in Wildridge
As full time residents in Wildridge, we want to register our opposition in the strongest possible
terms to the ordinance allowing off road vehicles on Wildridge roads for the following reasons:
1. Noise, noise, noise
2. Pollution
3. Safety: Without sidewalks here, residents are out walking regularly with and without their
dogs on the same roads that the off road vehicles will be on.
4. Liability: if OHV drivers are involved in an accident, they are not subject to the same
requirements as vehicles intended for the road.
We strongly encourage you to consider rejecting this ordinance.
Thank you for your consideration,
Debbie and Michel Voboril
Page 177 of 177
From: Vaughn DeCrausaz
Sent: Thursday, May 20, 2021 5:08 PM
To: Council Everyone Group <council@avon.org>
Subject: In Favor of OHVs Being Allowed on Wildridge Streets
I am in favor of OHVs being allowed on Wildridge streets to access public lands.
What I got out of the Avon Town Council meeting on May 11th is that many of the people against OHVs
on Wildridge streets had never been on any type of OHV. Example: Laying your motorcycle down in the
weeds? Motorcyclists do not lay the dirt bikes down; they could potentially spill oil or gas and would be
hard to lift upright. They would use a kick stand or lean their bike against a tree.
Being an electrical guy, this reminds me of Green Energy. We are all for solar panels, wind turbines, and
hydroelectric dams, BUT not in my back yard!
Vaughn DeCrausaz
Appendix B: Literature Cited
Brandt, N. E., Brazeau, A. G., Browning, K. C., Meier, R. M.* 2017. Carbon Sequestration in Colorado's Lands: An Integrated Spatial & Policy Analysis. University of Colorado
Boulder. https://www.conservationgateway.org/ConservationByGeogra-
phy/NorthAmerica/UnitedStates/Colorado/Pages/CarbonSequestrationinColoradosLandsAnIntegratedSpatialAndPolicyAnalysis.aspx
Colorado Energy Oce. 2020. GHG Pollution Reduction Roadmap. https://energyoce.colorado.gov/climate-energy/ghg-pollu-
tion-reduction-roadmap#:~:text=Sets%20Colorado%20statewide%20goals%20to,emissions%20that%20existed%20in%202005.
Colorado Energy Oce. 2020. Rebuild and Re-Energize: Local Government Toolkit for a Resilient Clean Energy Future. https://storymaps.arcgis.com/sto-
ries/786dca153b1f4275946530d56ccdced4
Eagle County. 2020. The Eagle County Community Resilience Plan. https://www.resilienteaglecounty.com/
Eagle County Government and Clean Energy Economy for the Region. 2016. Eagle County Energy Inventory for the year 2014. http://www.eaglecounty.us/EnvHealth/Docu-
ments/General/Energy_Inventory/
Eagle County Government and Clean Energy Economy for the Region. 2019. Eagle County Energy Inventory for the year 2017. https://www.walkingmountains.org/wp-con-
tent/uploads/2019/11/Eagle-County-Energy-Inventory-2017_FINAL-1.pdf
Eagle County Government and Walking Mountains Science Center. 2016. Climate Action Plan for the Eagle County Community. https://hub.walkingmountains.org/down-
load-the-climate-action-plan-for-the-eagle-county-community
Intergovernmental Panel on Climate Change (IPCC). 2018. Global warming of 1.5ºC. https://www.ipcc.ch/sr15/
National Resources Defense Council. 2018. Beneficial Electrification: Plug in for the Greener Grid. https://www.nrdc.org/experts/vignesh-gowrishankar/ben-
cial-electrification-plug-greener-grid#:~:text=In%20part%2C%20beneficial%20electrification%20describes,buildings%2C%20equipment%2C%20and%20devices.
US. Census Bureau. 2019. Eagle County Commuting Characteristics by Sex. https://data.census.gov/cedsci/table?q=Eagle%20County,%20Colo-
rado%20Employment&tid=ACSST5Y2019.S0801&hidePreview=true
Western Colorado University Modeling. 2020. https://www.walkingmountains.org/climate-action-collaborative/greenhouse-gas-inventories/
17
March, 2021
Agenda ❏The Collaborative:
Action-Oriented
❏Climate Action Plan
Update
❏Background
❏Timeline + Priority
Actions
❏GHG Reduction
Potential
❏New CAP areas
❏Data and Tracking
❏CAC Governance
❏2021 Big Moves
Community Climate Conversation
E-bike Demo
Lake Creek Village Clean-up
Hard to Recycle Event
New Additions to
the Climate Action
Plan
1.Carbon Sequestration
2.Explicit tie to Resilience
Plan for Eagle County
a.Water Resilience
b.Wildfire Resilience
Data and Tracking
Eagle County Assessor
Information Requested from Partner
Organization:Eagle County Assessor's Office
Specific
Contact(s):
Please complete the two columns below.
Annual Data Needed (filled by requestor)
Is the data
available?Information/Links
All newly constructed buildings in 2021:
Total SF, fuel type, location, building type
(com, res, multi-fam, etc.)
All existing buildings with electricity as the
only fuel-type: Total SF, location, building
type (com, res, multi-fam, etc.)
All existing and new public buildings: Year
built, total SF, location
All existing commercial buildings greater
than 10,000 SF: year built, total SF, location,
fuel type
Climate Action
Collaborative
Governance
➔MOU for CAC Partners
➔Governing Board for
CAC Decision
2021:
What’s the
big move?
GHG Forecast to 2050
50% Reduction
Electrify Buildings
Electrify Transportation
Group 14 Study - ARVADA
●Upfront costs of new res and com buildings for
all-electric heating/cooling are lower than similar
NG systems
●Operating costs are 5-10% lower for all electric
buildings than NG powered buildings
●Retrofitting has higher capital costs and small
operating savings, so it is nearly cost prohibitive
RMI Study - DENVER
●Annual utility costs are 2% lower for all-electric
home
●Up-front costs for new, all-electric home are
lower
●15-year net present cost for all-electric home are
lower
BEECH Initiative - INCOME QUALIFIED | EAGLE
COUNTY
●Comfort and health and safety improvements by
eliminating gas appliance
●Utility bill savings in all 3 mobile homes after
all-electric retrofit
2021 Focus
Actions
1.Adopt electric-ready,
solar-ready, and EV ready
building codes with the
IECC 2021 code in Jan
2022
2.Demonstrate Avon’s commitment
through EV fleet and all-electric
buildings.
3.Fund an education campaign to
promote Building Electrification for
existing building stock
4.Q3/Q4 focus on events, outreach,
and education for EV sales and
E-Bikes
2021 Other
Steps to
Consider
1.New resolution to adopt
updated Climate Action
Plan
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council
FROM: Eric Heil, Town Manager
RE: Resolution 21-12 Supporting Healthy Rivers
DATE: May 21, 2021
SUMMARY: The Town of Minturn requested jurisdictions in Eagle County to adopt a resolution supporting
healthy rivers and watersheds. A sample resolution was provided to the Town of Avon. Resolution 21-12
Supporting Healthy Rivers and Watersheds is consistent with Avon’s adopted policies. Adoption of
Resolution 21-12 will promote and publicize regional support for healthy rive rs and watersheds which will
help awareness and the potential to secure grant funds to assist with conservation efforts.
COMPREHENSIVE PLAN : The Avon Comprehensive Plan includes policies that address the Eagle River
and water conservation efforts.
Policy G.1.2: Maintain the Eagle River as a valued resource in accordance with the most recent
Eagle River Watershed Plan.
Policy G.4.3: Promote water conservation through public education, supply management, and
demand management techniques.
RECOMMENDATION: I recommend adopting Resolution 21-12.
PROPOSED MOTION : “I move to approve adopting Resolution 21-12 Supporting Health Rivers and
Watershe ds.”
Thank you, Eric
ATTACHMENT A: Resolution 21-12 Supporting Healthy Rivers and Watersheds
Res 21 -12 Support ing Healthy Rivers & Watersheds
Page 1 of 2
RESOLUTION 21-12
SUPPORTING HEALTHY RIVERS AND WATERSHEDS
WHEREAS , a collective effort to reduce water use helps to keep more water flowing in our
streams; and
WHEREAS , the drinking water provided throughout Eagle County originates from local
rivers and streams; and
WHEREAS , the waters of the Eagle River, which reside entirely within Eagle County, are
under increasing pressure from urbanization, climate change and transmountain diversions at the
same time that the flow of the river is decreasing due to long term drought; and
WHEREAS , local river recreation, such as, but not limited to, fishing, tubing, kayaking,
rafting, paddle boarding and swimming, is dependent upon healthy rivers and streams; and
WHEREAS , residents and visitors associate healthy rivers and streams with Eagle County’s
identity and value the aesthetics and beauty of such rivers and streams; and
WHEREAS , the communities of Eagle County rely on healthy rivers and watersheds for
economic health; and
WHEREAS , downstream users, such as, but not limited to, urban and rural communities,
industrial and agricultural production, wildlife and habitat is largely dependent upon the good
practices of upstream water users, including those in Eagle County; and
WHEREAS , outdoor water use has the greatest potential for loss, due to evaporation and
other causes; and
WHEREAS , regardless of whether users receive water from the town or through private
water rights, overuse and misuse of water anywhere in the valley ultimately impacts the Eagle
River; and
WHEREAS, all local wildlife depends on the water in local rivers and streams for sustaining
their habitat; and
WHEREAS , local mountain resorts make snow utilizing water from local rivers and streams.
ATTACHMENT A: Res 21-12
Res 21 -12 Support ing Healthy Rivers & Watersheds
Page 2 of 2
NOW THEREFORE, BE IT RESOLVED, we encourage all water users, whether
residential, commercial, golf courses, school grounds, municipal or public spaces and parks, to
use the least amount of water as possible at any given time, but in particular during drought; and
BE IT FURTHER RESOLVED, our community should scrutinize its outdoor water use,
such as for lawn watering; and
BE IT FURTHER RESOLVED, our community is encouraged to learn more about
irrigation, xeriscaping and more through local, regional, and state resources, such as Eagle River
Watershed Council (erwc.org), Eagle County Extension (eaglecounty.us/csuextension), Colorado
River Water Conservation District (coloradoriverdistrict.org), Colorado Water Conservation
Board (cwcb.colorado.gov), Water Education Colorado (watereducationcolorado.org) and our
own town’s website (avon.org).
PURPOSE: The purpose of this document is to protect and maintain water resources in the
Eagle River watershed and surrounding areas and maximize the aesthetic, economic,
recreational, environmental and human and wildlife benefits.
ADOPTED this 25th day of May 2021.
AVON TOWN COUNCIL
By: __________________________________ Attest: _____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ATTACHMENT A: Res 21-12
970-300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney
RE: Resolution 21-13 – Repealing the Declaration
of Local Disaster Emergency
DATE: May 16, 2021
SUMMARY: In response to the spread of the COVID-19 virus throughout the community, the Town Manager
issued a Declaration of Local Disaster Emergency on March 19, 2020 (the “Declaration”). Town Council
extended this Declaration on March 24, 2020 pursuant to Resolution 20-06. With the relaxation or elimination
of public health orders in the Eagle County and State of Colorado, it is appropriate for Town Council to rescind
the Declaration.
BACKGROUND: In response to the COVID-19 global pandemic, the Town declared a local emergency to
assist the State of Colorado an Eagle County in its efforts to combat the spread of the COVID-19 virus. The
Declaration also made the Town eligible to receive certain disaster funds, which funds the Town has received
and anticipates will continue to receive.
In recent weeks, the State of Colorado has relaxed its public health orders and delegated future COVID-19
related public health regulations to the counties throughout the state. As of May 19, 2021, Eagle County has
rescinded its own Public Health Order. In addition, the CDC and President Biden have indicated face
coverings are no longer required for those individuals who have been vaccinated.
In light of the improved conditions related to COVID-19, now appears to be an appropriate time for the Town
to repeal its Declaration. I have confirmed repeal of the Declaration will not jeopardize and future funding
from the State or federal government.
PROPOSED RESOLUTION: Resolution 21-13 repeals the Declaration.
FINANCIAL CONSIDERATIONS: As noted previously, the Declaration made the Town eligible for certain
funds from the State of Colorado and federal government. Repeal of the Declaration will not impact the
Town’s eligibility.
RECOMMENDATION: Staff recommends approval of Resolution 21-13.
PROPOSED MOTION: “I move to approve Resolution 21-13, thereby extending thereby repealing the
Declaration of Local Disaster Emergency.”
Thank you, Paul
ATTACHMENT A: Resolution 21-13
Res 21-13 Repeal of Local Emergency Declaration
May 25, 2021
Page 1 of 2
RESOLUTION 21-13
REPEALING THE TOWN OF AVON EMERGENCY DECLARATION OF MARCH 19, 2020
WHEREAS, pursuant to §24-33.5-709(1), C.R.S., the Avon Town Manager, as chief executive officer of
the Town of Avon (the “Town”), pursuant to Section 8.1 of the Town’s Home Rule Charter, declared a local
disaster emergency on March 19, 2020; and
WHEREAS, pursuant to Resolution 20-06, Town Council extended the emergency declaration until such
time as Town Council terminates such declaration; and
WHEREAS, since the adoption of Resolution 20-06, the Town, Eagle County and the State of Colorado
have adopted face covering requirements, various public health orders which have been amended several
times, and taken other steps to combat the virus and decrease or eliminate community spread; and
WHEREAS, Eagle County has provided opportunity to receive the COVID-19 vaccination for the most
vulnerable portion of the county population and for essential workers, and continues to provide the opportunity
to receive the COVID-19 vaccination for an expanding portion of the Eagle County population, which has
resulted in a vaccination rate of above 60% for Eagle County; and
WHEREAS, Governor Polis and the State of Colorado have modified the state wide mask order and
anticipate repealing state public health orders and delegating public health order decisions on COVID-19 to
the local level over the next several months; and
WHEREAS, on May 13, 2021, the Center for Disease Control and President Biden announced face
coverings are no longer required to be worn by those members of the public who have been vaccinated; and
WHEREAS, Eagle County has rescinded its Public Health Order as of May 19, 2021; and
WHEREAS, the Council finds the repeal of Resolution 20-06 will allow the Town, Eagle County and its
residents to continue the return to an economy and society that nearly resembles that which existed prior to
the COVID-19 pandemic; and
WHEREAS, Council hereby finds, determines and declares that this Resolution will promote the health,
safety and general welfare of the Avon community.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. The Town Council hereby confirms, determines, and declares that the spread of COVID-19 virus
through Avon, Colorado, no longer poses an imminent threat of widespread or severe damage, injury or loss
of life or property requiring emergency action to avert danger or damage, and hereby repeals the COVID-19
emergency declaration found in Resolution 20-06.
ATTACHMENT A: Resolution 21-13
Res 21-13 Repeal of Local Emergency Declaration
May 25, 2021
Page 2 of 2
Section 2. The Town Manager is directed and authorized to continue coordination with internal and external
partners and to direct Town staff as appropriate and necessary to address any COVID-19 related
complications that may arise in the future.
Section 3. Nothing herein shall preclude the Town from receiving state or federal aid related to the COVID-
19 pandemic.
ADOPTED this 25th day of May 2021.
AVON TOWN COUNCIL
By:_________________________________ Attest:_____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ATTACHMENT A: Resolution 21-13
(970) 748-4087 ewood@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Elizabeth Wood, Communications & Marketing Manager
RE: Discover Avon Launch
DATE: May 20, 2021
SUMMARY: The Town first established DiscoverAvon.org as a separate visitor oriented “brochure”
website in 2018. There were no pages, just scrolling from top to bottom with basic and limited information.
The intent was to promote the visitor economy by providing information on lodging, restaurants and things
to do. However, the website site was very basic, was static such that the information was not updated, the
site was not designed to be updated easily, and the site was not marketed.
The adopted General Government Department Goals for 2021 include Goal #19:
19. Update discoveravon.org website: The Discover Avon Website will be updated to
establish a more attractive and user-friendly destination marketing website ready to
serve the Town’s future marketing plan.
The re-design of DiscoverAvon.org involved a comprehensive review of visitor website portals for other
mountain resort communities and in-depth analysis of the most frequent and likely profile of on-line visitors
to the website portal (which is distinct from overall visitors to Avon). HyFyve Marketing developed a
conscious and intentional design, including color palette, which their research supports will provide a
welcoming, safe and attractive feel for the target on-line visitors. The overall design, color palette and Avon
logo is intentionally distinct from the Avon.Org website so that the look and feel is clearly “non-
governmental.”
The original version of DiscoverAvon.org was established and published administratively. The updated
version is now live.
No Council actions is requested. Council familiarity with the site is encouraged and Council suggestions on
additional information to include are welcome.
MANAGER’S COMMENTS: The upgrade to DiscoverAvon.org is substantial and establishes a visitor
website portal that is on par with our peer mountain resort communities as well as on-brand for Avon. The
upgrade represents another milestone in Avon’s progress to market Avon as a community and destination
that is distinct from Beaver Creek and Vail. Many other mountain resort communities have visitor websites
that are designed and maintained by either the resort company or the local Chamber of Commerce. This
website is another tool in Avon’s growing marketing efforts which will be reviewed and evaluated each year
as part of the annual budget process.
BACKGROUND: On October 27, 2020, the Avon Town Council approved $40,000 in additional marketing
funds to help Avon continue marketing efforts during the winter of 2020 and spring of 2021. A portion of
those funds were used to redevelop Avon’s most valuable marketing asset, DiscoverAvon.org, Avon’s
destination and visitor website.
PEER COMMUNITY VISITOR WEBSITES: This site was designed to be similar in function to peer
communities. In the process of creating this site, we viewed visitor sites for several peer communities
including Vail, Breckenridge, Steamboat Springs, Fruita, Taos, Glenwood Springs, Aspen, Telluride, and
Sun Valley.
Page 2 of 2
FUNCTIONALITY: All digital, programmatic and social media marketing targeting audiences outside of
Eagle County is directed to DiscoverAvon.org. This includes all 2021 summer marketing, events marketing
outside of Eagle County, social media campaigns on Instagram and Facebook, as well as programmatic
digital display ads.
Discover Avon is divided into three sections: (1) Things to Do; (2) Places to Stay; and (3) Getting Around. It
includes business listings for local brick and mortar retail stores and restaurants in addition to featured
attractions and local news posts.
The new site is highly scalable and features integrations that serve local businesses as well as prospective
visitors to the Town. Google Business Listing integrations make it easy to update the site with new business listings
and event posts, and the scalable nature of the site will allow it to grow as Avon continues to add visitor amenities.
The site features Google Analytics, which tracks the number of users, average engagement time, user
referrals, user location, device type and other user demographics. The results of the summer marketing
campaign, including the first five months of analytics for the new site, will be presented to Council this fall.
This site will be used to help develop the Winter Marketing Plan, General Government Department Goal
#18. The new site is intuitive and functional and it will serve Avon and Avon’s destination marketing for
years to come.
FINANCIAL CONSIDERATIONS: The total cost for the website build $24,750. The website costs $1,800 to
host annually. The remaining funds approved my Council will be rolled into the 2021 Summer Marketing
Campaign which will showcase the new Discover Avon site. The annual hosting costs includes the
industry’s most reliable, secure, and swift hosting solution for custom WordPress websites and monthly
managed software updates.
COUNCIL ACTION: No Council Action is requested.
Thank you, Liz
970-748-4413 mpielsticker@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Matt Pielsticker, Planning Director
RE: Extension Request for Development Plan Approvals
Lot B Hotel
DATE: May 25, 2021
SUMMARY: Before Council is action on a request to extend a Major Design and Development Plan and
Alternative Equivalent Compliance application (collectively the “Development Approvals”) for a hotel project
on Lot B. Lot B is a vacant parking lot located at 130 W. Beaver Creek Boulevard, between the Avon
Center and the Sheraton Mountain Vista.
The Development Approvals for the proposed project on Lot B will expire on June 13, 2021 if a design
extension is not granted by Council. The written extension request (Attachment A) details the rationale for
project delay, which rationale includes the pandemic and inflated construction prices. There is not any
review criteria for this type of request. The Town Council may consider any pertinent factors when
considering the extension. The Avon Municipal Code allows the Council to approve multiple extensions
and extensions for periods greater than one year.
PROJECT APPROVAL TIMELINE:
•November 1, 2016 & November 14, 2016 – PZC public hearings
•December 5, 2016 & December 13, 2016 – TC approval for two (2) years(expiration December
2018)
•November 13, 2018 – TC approval for one (1) additional year; new expiration December 2019
•November 12, 2019 – TC approval of six (6) month extension; new expiration June 13, 2020
•March 10, 2020 – TC approval of one (1) year extension; current expiration June 13, 2021
CODE AMENDMENTS: There have been updates to the Avon Municipal Code since the approval of this
development which would apply if the application were submitted today. The Town Council’s review of this
development extension request is discretionary and the Town Council may choose to apply code/policy
changes adopted since 2016 if the design extension is granted. Application of new code policies may
impact the financial and economic viability of this project.
Noteworthy code changes include:
Landscape Code (2017). Irrigation plans are now required, including hydrozones for various
water demanding plant species. Total irrigated area requirements are now codified as well.
Employee Housing (2019). Inclusionary Zoning requirements would necessitate mitigation for
nineteen (19) employees. Employee mitigation must b either on site or by alternative means
outlined in the. In all instances, the Inclusionary Zoning ordinance requires that an Employee
Housing Mitigation plan be brought to Council for review and approval.
Electric Vehicle (EV) Charging/Solar Ready (2020). Code requires 15% of parking spaces be
EV Capable (i.e. electric capacity certified ), 10% EV Ready (i.e. including electric panels and
raceways installed), and 5% installed. For this project, that would have included required: 30
spaces EV-capable, 20 spaces EV-ready, and 10 spaces with Level II charges installed. Solar
Page 2 of 2
Ready provisions require that an area at least 300 square feet be designated on the roof for future
potential installations.
OPTIONS:
•Approve the request, thereby approving the extension until June 2023
•Approve a modified duration (i.e. 1 year until June 2022)
•Approve request with conditions.
•Continue request to June 8, 2021 meeting.
•Deny the request.
DEVELOPMENT APPROVAL TERMINATION: According to Avon Municipal Code Section 7.16.020,
General Procedures and requirements, subsection (g),
“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.”
RECOMMENDATION: I recommend approval of the two (2) year extension to the Development Approvals
with the condition that Landscaping, Electric Vehicle Charging, and Solar Ready provisions be a
requirement.
MANAGER’S RECOMMENDATION: I recommend continuing the request to June 8, 2021 and considering
the application of the landscaping and electric vehicle ready code amendments. Housing price escalation
and lack of inventory is creating a crisis situation for our local economy. However, the application of the
Avon’s inclusionary employee housing mitigation is likely to impose a cost of $600,000 to $800,000 on the
project. The Lot B Hotel is located within the Avon Urban Renewal Authority West Town Center
Development Plan area whereby development of this property will generate a significant tax increment for
approximately 8-9 years (depending upon completion). I encourage Council to explore a potential solution
with the Lot B hotel developer that includes a dedication of the tax increment in some amount to contribute
towards employee housing mitigation.
RECOMMENDED MOTION: “I move to approve a two (2) year extension to the Development Approvals for
the Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision, now set to expire June 13, 2023, with
incorporation of Landscaping, Electric Vehicle, and Solar Ready provisions.”
ATTACHMENT A: Extension Request dated May 3, 2021
Enclosure: 1
CC: Matt Pielsticker, Town of Avon
Eric Heil, Town of Avon
Will Hentschel, 359 Design, LLC
Silverton Holdings, LLC
P.O. Box 433
Duluth, GA 30096
May 3, 2021
The Honorable Sarah Smith-Hymes, Mayor of the Town of Avon
and Members of the Town of Avon Town Council
100 Mikaela Way
P.O. Box 975
Avon, CO 81620
Subject: Request for Extension of Application Approval – Lot B, Avon Center at Beaver Creek Subdivision
Dear Mayor Smith-Hymes and Members of the Town Council,
On March 10, 2020, the Town Council granted a one-year (12 months) extension to the approved Major
Development plan for the Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision. Shortly after
the approval on March 10, the world was flipped upside down due to the COVID-19 Pandemic. On March
14, 2020, Governor Jared Polis announced the closure of all ski resorts state-wide and subsequently on
March 26, the Governor placed the entire state in a complete lock-down, with a stay-at-home order. This
letter, for the Town Council meeting on Tuesday, May 25, 2021, requests a two (2) year extension of this
approval as provided for in the Development Code.
Since acquiring the site at year-end 2019, Silverton quickly engaged 359 Design, LLC of Denver,
Colorado as its architect of record. Silverton and 359 Design have worked diligently through the design
work needed to make the project “shovel-ready.” Since the pandemic took root in 2020, the landscape for
hotel development world-wide has changed drastically from our first underwriting of the project. Several
“headwinds” have brought us to where we are today and are cause for extension:
1.New hotel construction financing has dried up and activity is at record-lows.
2.Recent approval by Marriott for 2 select-service properties totaling 350 rooms in Avon has
prompted us to explore a brand change.
3.Construction costs have sky-rocked; lumber at a 300% increase in cost year-over-year and steel
at roughly 110% year-over-year increase. With these projections, we believe our cost per hotel
key would be around $300,000.
4.Difficulty in finalizing legacy agreements with neighboring property owners. We are working on
finalizing the necessary plans and agreements that are required to be completed by easements
on the property and the town of Avon before permits can be pulled for construction.
We remain committed to working with the town of Avon to complete this project. This past year has
certainly been a challenging one for many, especially us in the hospitality industry. Please let me know if I
can provide you with any additional information regarding this project. Thank you in advance for your time
and consideration.
All the best,
Josh Brewton
Chief Executive Officer
Silverton Holdings, LLC
970-748-4045 jhildreth@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Justin Hildreth, Town Engineer
Jim Horsley, Project Engineer
RE: Notice of Award – Buck Creek Road Asphalt Overlay &
Repairs Project
DATE: May 17, 2021
SUMMARY: This report presents the bids for the Buck Creek Road Asphalt Overlay & Repairs Project for
Council consideration and approval. Staff requests Council authorization to issue Notice of Award for
construction of the 2021 Street Improvements – Buck Creek Road Asphalt Overlay & Repairs Project.
BACKGROUND: The Buck Creek Road Asphalt Overlay & Repairs Project generally consists of asphalt
milling, new concrete curb and drainage improvements to mitigate erosion, retaining wall repair, asphalt
repair, asphalt overlay, guardrail replacement to comply with current standards and pavement marking
along the length of the road between the two bridges. This project was included in the 2021 Capital
Improvements Plan that was approved by Council in the 2021 Town of Avon Budget. Buck Creek Road was
last paved in 2002 and the asphalt is currently distressed in several areas. Settlement areas will be
repaired prior to asphalt overlay. Staff prepared cost estimates and included in the 2021 Capital Projects
Fund budget.
Page 2 of 3
Distressed Asphalt
Erosion Damage
Page 3 of 3
BID PROCESS: Staff advertised the Buck Creek Road Asphalt Overlay & Repairs Project for (4) weeks in
local newspapers and on Bidnet.com in accordance with our standard bid procedures. The Bid Opening
was held on May 13, 2021 and two bids were received: United Companies with a bid of $595,583; and
360 Paving LLC with a bid of $756,129. Both contractors that submitted bids are qualified to construct the
project.
CONSTRUCTION CONTRACT: The Town’s standard construction contract, which has been reviewed by
the Town Attorney, will be used for the project.
CONSTRUCTION SCHEDULE: The proposed work is tentatively scheduled to begin in early to mid-
August due to lead time for the retaining wall block and a four-week construction period is anticipated. The
work must be completed by November 1, 2021. Buck Creek Road will be closed during the construction
period to improve both safety and shorten the project duration and Staff is coordinating with the
MountainStar HOA. The liquidated damages penalty for exceeding the completion date is $900 per day.
FINANCIAL CONSIDERATIONS: The construction contract for the Project will be funded from the 2021
Street Improvements Projects as approved in the Town of Avon 2021 Capital Projects Fund. The Project cost
estimate is shown in Table 1 below and includes 10 % contingency.
Table 1: Buck Creek Road Asphalt Overlay & Repairs Project Cost Estimate
Available Funds Budget $800,000
Construction Cost $595,583
Geotechnical Testing Services $ 7,000
Contingency (10 %) $ 59,558
Total $662,141
RECOMMENDATION: Staff recommends Council approve the Notice of Award for the Buck Creek Road
Asphalt Overlay & Repairs Project contract to the low bidder, United Companies, in the amount of
$595,583.
PROPOSED MOTION: “I move to authorize issuance of Notice of Award for the Buck Creek Road Asphalt
Overlay & Repairs Project contract to the low bidder, United Companies, in the amount of $595,583 as
approved in the Town of Avon 2021 Capital Projects Fund.”
Thank you, Justin
AVON REGULAR MEETING MINUTES
TUESDAY MAY 11, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:00:01 Part One
The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to
order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Lindsay
Hardy, Scott Prince, Tamra Underwood, RJ Andrade, Amy Phillips, and Chico Thuon. Also present were
Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Town Manager Eric Heil, Town
Attorney Paul Wisor, Chief of Police Greg Daily, General Government Manager Ineke de Jong, and Town
Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:25 Part One
Mayor Smith Hymes asked to move agenda item 5.2 down to follow agenda item 5.8.
Mayor Pro Tem Phillips moved to approve the agenda as amended. Councilor Underwood seconded the
motion and the motion passed with a vote of 7 to 0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:32 Part One
Town Attorney Paul Wisor recused from agenda item 5.1. as his parents live in Wildridge and have
commented on this item. His colleague Andrea Bryan will be present.
Councilor Hardy recused from agenda item 5.3. as she is directly involved in the design of this project.
Councilor Underwood moved to approve allowing Councilor Hardy to recuse from item 5.3, the
Riverfront lodge project. Councilor Prince seconded that motion and the motion passed with a vote of 6
to 0. Councilor Hardy abstained from the vote.
4. PUBLIC COMMENT
Video Start Time: 00:03:37 Part One
Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via
email for public comments.
Ruth Stanley commented. She asked about the survey stakes on West Beaver Creek Boulevard.
Dave Dantas commented. He announced the "Climb for Hope" benefit event that is coming up on June
19th 2:30 p.m.-6:00 p.m. for SpeakUp ReachOut.
5. BUSINESS ITEMS
5.1. FIRST READING OF ORDINANCE 21-07: AN ORDINANCE PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 10.40,
OFF-HIGHWAY VEHICLES (CHIEF OF POLICE DALY)
Video Start Time: 00:07:14 Part One
AVON REGULAR MEETING MINUTES
TUESDAY MAY 11, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Mayor Smith Hymes made a comment acknowledging all of the comments received from 109
different constituents. She said tonight's discussion will be focused on OHV only and not USFS Road
779. She said Council received many well written and well-reasoned comments by both supporters
and opponents. After the staff presentation, Council will discuss and then take public comments. She
said that due to the volume of comments expected, we will limit all comments to 3 minutes. She
encouraged the public not to be repetitive and to keep in mind that all comments have been read by
Councilors. She finished her statement saying it is a very passionate topic for many residents in the
community and it has been great to receive so much input.
Chief Daly joined the meeting and presented this topic. He took Council through the PPT presentation
included in the packet and answered Council questions.
Councilor Underwood shared a list of revisions she would like to see in the ordinance regarding
definitions, insurance certificates, model traffic codes, enforcement mechanism, etc.
General Government Manager Ineke de Jong mentioned that there were 70 public comments in
support, and 47 public comments opposed.
Mayor Smith Hymes asked for public comments and several public comments were made.
Mark Kogan, President of the Mountain Star Board, commented that he is worried about fires, noise
and trespassing. He said this ordinance will lead to more traffic and enforcement will be difficult. He
said some homeowners have difficulties getting insured. He would rather see a timeframe to test
this and have it sunset, instead of having this in place indefinitely.
Peter Copses, Mountain Star Resident, expressed that he opposes passing this ordinance.
Craig Lathram, Wildridge Road Resident, expressed that this ordinance is just for Wildridge residents
getting from their home to the trailhead and will not impact Metcalf Road, Mountain Star etc. and
that he would like Council to focus on the Wildridge Residents.
Councilor Thuon had technical difficulties and got disconnected at 5:32 p.m. He rejoined at 5:35 p.m.
Patricia Plavec, Wildridge Resident, expressed that she wanted to comment on the parking and said
that current parking by hikers and bikers is tolerated and there are no complaints. She said that
parking by OHV users is being targeted and asked for equality and equity for all recreation users.
Pam Warren, Wildridge Resident, expressed that she wanted to echo a lot of concerns that were
raised and said passing this ordinance has the potential to change the feel of the neighborhood. She
said it will invite abuses and there will be unintended consequences by passing this ordinance. She
finished by thanking Council for considering all points of view.
Rick Smith, Wildridge Road Resident, expressed how he lives next to the Red & White entrance. He
said the concerns about fires and the nature of the neighborhood are unwarranted and wanted to
remind everyone this has been happening, so history is the best predictor of the future. The Towns
of Eagle and Gypsum have this ordinance in place and do not have any issues.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 11, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Jody Morgan, Wildridge Road Resident, thanked Council for their time and consideration. She is in
support and wanted to reiterate the good points made by her neighbors and said that comments
made by people outside the Wildridge neighborhood should not be considered.
Peter Warren, Wildridge Resident, expressed concerns with the increase in traffic and involvement
of the Rocky Mountain Riders Association, which is an indication that more traffic will be expected.
Devon DeCrausaz, Wildridge Road Resident, expressed that she lives adjacent to the trailhead. She
is very supportive of the ordinance and believes in access to public lands, which she started a non-
profit for.
Dave Dantas, Wildridge Road Resident, expressed that he lives in front of the trailhead and supports
this ordinance.
Haley Plavec, Wildridge Road Resident, expressed that if she cannot access the trailhead on OHV, she
will drive there and that would be the same fire risk. She said that 95% of people have spark arresters.
Councilor Thuon asked to pass the ordinance to second reading. Councilor Andrade liked the idea of
sunsetting it after one year and assessing how it goes before it gets extended. Councilor Prince said
an ordinance can always be amended over time. Councilor Underwood said based on her revisions
requested earlier, she did not think this ordinance is ready for second reading and it needs to be
flushed out further. Councilor Hardy said she agrees with seeing how it goes and evolving with the
evolving community. Councilor Prince said he looked at the survey and counts of emails in favor and
opposed. He does not think noise is a real concern from his own experience of OHV noise compared
to noise from trash trucks, cars, construction trucks etc. He said this has been happening for years,
so it is not changing the feel of the neighborhood, it is simply legalizing what has already been
happening. He said other communities have passed this ordinance and successfully manage it. He is
not supportive to sunset it and would rather amend the ordinance in future if needed. Mayor Pro
Tem Phillips commented on comparison to Town of Gypsum. Mayor Smith Hymes had some
suggestions for revisions before second reading but supports the ordinance.
After Council discussion, Councilor Prince moved to approve First Reading of Ordinance 21-07
Providing for the Adoption of a New Chapter 10.40 Off-highway Vehicles as presented, and requested
to come back with the changes requested tonight. Councilor Hardy seconded the motion and the
motion passed with a vote of 5 to 2. Mayor Pro Tem Phillips and Councilor Underwood voted no.
Mayor Pro Tem Phillips commented that sunsetting the ordinance and signage needs to really be
considered.
5.3. PUBLIC HEARING: MAJOR DEVELOPMENT PLAN FOR RIVERFRONT LOT 1 - PHASE II CONDOMINIUM BUILDING / 42
RIVERFRONT LANE (PLANNER DAVID MCWILLIAMS)
Video Start Time: 00:00:01 Part Two
Councilor Hardy left the meeting at 7:09 p.m. as she recused herself from this item.
Town Planner McWilliams and Jim Telling joined the meeting and presented.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 11, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Council had several questions, mainly about the rooftop bar and parking for employees.
Mobility Director Eva Wilson and Town Engineer Justin Hildreth joined to answer Council
questions about the pedestrian crossing of Avon R oad with more residents in that area.
Mayor Smith Hymes asked for public comments.
Ruth Stanley commented and asked about parking to visit the rooftop bar. Jim Telling confirmed that
the bar will be operated by the hotel and may not be open to the public. He said the project is
complying with code requirements under commercial. She then asked about parking for owners, and
Jim Telling confirmed it is one space per unit.
Mayor Pro Tem moved to approve Case #MJR21004, an application for Major Design and
Development Plan for Lot 1 Riverfront Subdivision, based upon the Findings of Fact and subject to
Conditions as set forth in David McWilliams Staff Report dated May 5, 2021. Councilor Prince
seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy was recused.
5.4. WORK SESSION: COMMUNITY SURVEY (COMMUNICATIONS MANAGER ELIZABETH WOOD)
Video Start Time: 00:36:14 Part Two
Councilor Hardy rejoined the meeting at 7:45 p.m.
Communications Manager Elizabeth Wood joined the meeting and presented a brief update
from the last work session. She took Council through each section of the survey and took
feedback from Council on questions section by section. She said she will create a final draft
based on this feedback and that draf t is s cheduled to launch on Monday May 17 and will be live
until June 21, 2021.
5.5. RESOLUTION 21-11: SUPPORT OF P AUSE ON OIL & GAS LEASING ON FEDERAL PUBLIC LANDS (GENERAL
GOVERNMENT MANAGER INEKE DE JONG)
Video Start Time: 01:20:10 Part Two
General Government Manager Ineke de Jong presented this item to Council. She explained that this
Resolution declares the Town of Avon’s support of President Biden’s Pause on New Oil & Gas Leasing
on Federal Public Lands, and said that many other Towns in The Mountain Pact network have passed
the oil and gas resolution as well.
Mayor Pro Tem Phillips moved to approve Resolution 21 -11 thereby declaring the Town of
Avon’s support of President Biden’s Pause on New Oil & Gas Leasing on Federal Public Lands.
Councilor Prince seconded the motion and the motion passed with a vote of 6 to 1. Councilor
Andrade voted no and said he did not want to take away potential work opportunities from
other jurisdictions.
5.6. PUBLIC HEARING: OUTDOOR USE OF AMPLIFIED SOUND APPLICATION (CASE MANAGER DANITA DEMPSEY |
DARREN SKANSON CCM EVENTS)
Video Start Time: 01:34:02 Part Two
CASE Manager Danita Dempsey presented on applications to host acoustic and minimally
amplified music at the Pop Up Music weekly event located on the Main Street Mall this summer.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 11, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Mayor Smith Hymes asked for public comments and no public comments were made.
Mayor Pro Tem Phillips moved to approve the Outdoor Use of Amplified Sound Application for the
Avon Pop Up Music performances at the Main Street Mall. Councilor Hardy seconded the motion
and the motion passed unanimously.
Darren Skanson with CMM joined the meeting and spoke about the Weekly Art Expo, which in 2021
will be enhanced with some music on the Main Street Mall.
Councilor Prince moved to approve the Outdoor Use of Amplified Sound Application for the Avon Art
Expo music performances on the Main Street Mall, modifying the cutoff time from 4:00 p.m. to 7:00
p.m. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously.
5.7. WORK SESSION: WEST BEAVER CREEK BOULEVARD PARKING (MOBILITY DIRECTOR EVA WILSON & RECREATION
DIRECTOR JOHN CURUTCHET)
Video Start Time: 01:50:05 Part Two
Town Manager Eric Heil, Mobility Director Eva Wilson and Recreation Director John Curutchet
joined the meeting and presented.
Councilor Hardy wanted to discuss the shipping container and the SUP rental location, which is
blocking part of the beach, and all the views for those sitting behind the container. She said that the
increase in revenues is a result of the increase in park use. Several Councilors had questions about
the direction/location of the shipping container and warning the owner, Javier Placer, that Council
may want to move the SUP rental to the other side of the lake near the dock in 2022. Council asked
staff to send them the cost share and other terms of the SUP contract.
Councilor Prince wondered if an extra Community Resource Officer (CRO) was necessary. Mayor
Smith Hymes and Councilor Underwood were in favor of a second CRO. Mayor Pro Tem Phillips and
Councilors Hardy and Andrade all agreed. Mayor Smith Hymes suggested the CRO should not be in
Police uniform and be more of an ambassador, facilitator, and educator. Councilor Underwood asked
Town Engineer Justin Hildreth to comment on Ruth Stanley's question from earlier and clarified that
the stakes at West Beaver Creek Boulevard point out the I-70 right-of-way and will be removed due
to the parking project not moving forward.
5.8. APPROVAL OF TALENT AGREEMENT FOR 2021 AVONLIVE! CONCERT SERIES (CASE MANAGER DANITA
DEMPSEY)
Video Start Time: 02:21:40 Part Two
Town Manager Eric Heil talked about this item. He explained that this agreement is with Mike
O'Brien with Peak Performances. Collectively the contract is over $100K and therefore before
Council per procurement code. Council asked about Force Majeure Clauses.
Mayor Pro Tem Phillips moved to approve the Talent Agreement with Peak Performances, Inc. for
the 2021 AvonLIVE! concert series. Councilor Hardy seconded the motion and the motion passed
unanimously.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 11, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
5.2. MOVED ITEM: PUBLIC HEARING: SECOND READING OF ORDINANCE 21-06 AMENDING CHAPTER 13.04 OF THE AVON
MUNICIPAL CODE PERTAINING TO WATER USE RESTRICTIONS (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 02:26:52 Part Two
Town Attorney Paul Wisor presented. He explained that this ordinance will allow the Town Manager,
Eric Heil, to have the power to take action if someone violates water restrictions put in place by the
Water Authority. Paul clarified that the water authority has updated their restrictions since the last
meeting, when this item got continued to give them time to do so.
Mayor Smith Hymes asked for public comments and no public comments were made.
Councilor Underwood moved to approve Second Reading of Ordinance 21-06 Amending certain
portions of Chapter 13.04. Mayor Pro Tem Phillips seconded the motion and the motion passed
unanimously.
6. MINUTES
6.1. APPROVAL OF APRIL 27, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:31:26 Part Two
Councilor Prince requested one change to agenda item 5.7, to change the word 'trolley' to 'cart'.
Councilor Prince moved to approve the minutes from the April 27, 2021 regular meeting with the
recommendation provided by him. Councilor Underwood seconded the motion and the motion
passed unanimously.
7. WRITTEN REPORTS
7.1. Upper Eagle Regional Water Authority Apr 22, 2021 Meeting Summary (Mayor Smith Hymes)
7.2. Art Installations Update: Art Around Avon (CASE Manager Danita Dempsey)
7.3. Contract Archive Procedures (Town Clerk Brenda Torres)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:32:47 Part Two
Mayor Smith Hymes wanted to talk briefly about Council interaction with each other as Councilors. She
asked everyone to do their best to disagree respectfully and be careful not to be demeaning. Councilor
Thuon apologized to Councilor Prince for interrupting him earlier and Councilor Prince responded saying
apology is not needed but accepted.
Councilor Thuon pointed out how the whole Council and Community came together on agenda item 5.1
and that Mayor Smith Hymes showed great leadership. He suggested an attractive surround for the old
newspaper boxes at the bottom of Wildwood.
Councilor Hardy commented. She talked about the Pride in the Park event that is happening on June 12th.
She asked if the Town would consider flying an LGBTQ Pride flag along with the Avon flag the week of
the event. Several Councilors liked that idea.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 11, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Councilor Prince made a comment that the West Avon Preserve is open, and it is the time of year that it
is packed. He reported that the trails that had to be rebuilt are 99% done and he encouraged everyone
to go see it.
Mayor Pro Tem Phillips reported that she attended the High Five Board Meeting and mentioned that any
interested community members are welcome to apply for an open seat and should contact her if
interested. She will attend the ECO transit board meeting tomorrow and will make a request for support
with transportation on July 3rd.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:56 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s
office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
970-748-4019 jmccracken@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Joel McCracken, Senior Accountant
RE: Financial Report March and April 2021 Revenues
DATE: May 18th, 2021
SUMMARY: This written report provides an overview of revenues for sales, accommodations, and tobacco
and cigarette tax for the period of March 2021; and revenues for real estate transfer tax and recreation
admissions & program fees for the period of April 2021. Comparisons to the corresponding months in 2020
are provided. A comparison of actual dollar amounts received compared to the adopted budget is provided
as both a dollar amount and percentage variance.
BACKGROUND: The Town’s 2021 budget was adopted by the Avon Town Council in December 2020. Tax
revenues are not budgeted on a monthly basis. For purposes of reporting and analysis, monthly budget
variances are based on a 5-year average of actual revenues.
FINANCIAL UPDATES:
Sales Tax Revenues – March 2021: March sales tax revenues totaled $1,295,894. This is an increase of
$423,404 or 48.53% compared to March 2020 sales tax revenue of $872,489.
MARCH 2020 v MARCH 2021 SALES TAX COMPARISON BY INDUSTRY
March 2020 March 2021 Increase/Decrease
Home/Garden $66,335.79 $120,0025.98 $53,670.19
Grocery/Specialty/Health $187,075.01 $212,569.70 $25,494.69
Sporting Goods Retail/Rental $67,263.20 $145,425.71 $78,162.51
Miscellaneous Retail $47,648.65 $53,291.47 $5,642.82
Accommodations $132,261.19 $258,653.25 $126,392.06
Restaurants/Bars $75,820.32 $200,051.32 $124,231
Other $10,792.16 $27,864.50 $17,072.34
Service Related $49,850.23 $62,083.24 $12,233.01
Liquor Stores $27,548.97 $41,855.62 $14,306.65
E-Commerce Retail $21,830.83 $47,418.74 $25,587.91
Manufacturing/Wholesale $34,306.81 $30,975.19 ($3,331.62)
Construction Related Services $121,711.04 $53,919.62 ($67,791.42)
Digital Media Suppliers/Sellers $12,397.36 $22,046.98 $9,649.62
Commercial/Industrial
Equipment $17,648.18 $19,732.50 $2,084.32
Special Events $0.00 $0.00 $0.00
TOTAL $872,489.74 $1,295,893.82 $423,404.08
Page 2 of 6
March 2021 Sales Tax Proposed Budget v Actual Collections: March 2021 sales tax revenues totaled
$1,295,894. This is an increase of $322,855 over the proposed March 2021 estimates of $973,008. This is
33.18% over the 2021 proposed budget, which is calculated based on a 5 -year average.
MARCH 2020 v MARCH 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - SALES TAX
2021 Budget 2021 Actual Dollar Variance Percentage Variance
Sales Tax $973,008.24 $1,295,893.82 $322,855.58 33.18%
918,657.55 1,014,399.70 1,130,669.61 872,489.74 1,295,893.82
10.42%
11.46%
-22.83%
48.53%
$800,000
$850,000
$900,000
$950,000
$1,000,000
$1,050,000
$1,100,000
$1,150,000
$1,200,000
$1,250,000
$1,300,000
2017 2018 2019 2020 2021
2017 -2021 March Sales Tax Revenue Trend
Page 3 of 6
Accommodation Tax Revenues – March 2021: Accommodation tax revenues totaled $313,888 for the
month of March. This is an increase of $185,849 or 144.57% compared to March 2020 accommodation
tax revenues, which totaled $128,039. Accommodation tax collections by industry type for March 2021
compared to March 2020 reported an increase for Vacation Rentals, Time Shares and Hotels.
MARCH 2020 v MARCH 2021 ACCOMMODATION TAX COMPARISON BY INDUSTRY
March 2020 March 2021 Increase/(Decrease)
Timeshares $20,520.52 $35,260.02 $14,739.50
Hotels $50,782.17 $107,505.75 $56,723.58
Vacation Rentals $56,736.45 $171,122.28 $114,385.83
TOTAL $128,039.14 $313,888.05 $185,848.91
March 2021 Proposed Budget v Actual Collections: March 2021 accommodation tax revenues totaled
$313,888. This is an increase of $157,546.92 over the proposed March 2021 estimates of $156,341. This
is 100.77% over the 2021 proposed budget.
2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2021 Budget 2021 Actual Dollar Variance Percentage Variance
Acc. Tax 156,341.13 $313,888.05 $157,546.92 100.77%
201,009 206,783 246,970 128,345 313,888
2.87%
19.43%
-48.03%
144.57%
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
2017 2018 2019 2020 2021
2017-2021 March Accommodation Tax Revenue
Trend
Page 4 of 6
Tobacco & Cigarette Tax Revenues – March 2021: Tobacco tax revenues totaled $28,754 and cigarette
tax revenues totaled $21,774 for March 2021. Compared to March 2020 revenues, this is an increase of
$15,958 for tobacco tax revenues, which totaled $12,796 and an increase of $5,115 for cigarette tax
revenues, which totaled $16,659.
23,073 16,659 21,774
-27.80%
30.70%
-
5,000
10,000
15,000
20,000
25,000
2019 2020 2021
2019-2021 March Cigarette Excise Tax Revenue
Trend
7,895 12,613 28,754
59.77%
127.97%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2019 2020 2021
2019-2021 March Tobacco Tax Revenue Trend
Page 5 of 6
March 2021 Proposed Budget v Actual Collections: March 2021 tobacco and cigarette tax revenues
totaled $28,754 and $21,774, respectively. This is an increase of $17,836 over the proposed March 2021
budget for tobacco tax and an increase of $3,258 over for the proposed March 2021 budget for cigarette
tax estimates, which is based on a 5-year average.
2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2021 Budget 2021 Actual Dollar Variance Percentage Variance
Tobacco $10,918.00 $28,754.29 $17,836.33 163.37%
Cigarettes $18,516.54 $21,774 $3,257.46 17.59%
$21,093.79
Real Estate Transfer Tax Revenues – April 2021: April 2021 Real estate transfer tax totaled $477,148.
Compared to April 2020, which totaled $140,135, this is an increase of $337,013.
$249,939 $122,312 $312,900 $140,135 $477,148
-104.35%
60.91%
-123.28%
70.63%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2017 2018 2019 2020 2021
Real Estate Transfer Tax April Revenue Trends
Page 6 of 6
Recreation Center Revenues – April 2021 Admissions & Program Fees: Recreation admission
revenues for April 2021 totaled $34,168, an increase of $32,731 compared to April 2020, which totaled
$1,436.70. This is $2,245 over the original 2021 budget estimates of $31,923. Recreation program fee
revenues for April 2021 totaled $33,646. This is an increase of $31,493 compared to 2020, which totaled
$2,153. This is $9,205 over the original 2021 budget estimates, which is $24,442 which is calculated based
on a 5-year average.
Thank you, Joel
67,398 61,818 53,085 1,437 34,168
-9.03%
-16.45%
-3594.94%
95.80%
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
2017 2018 2019 2020 2021
Recreation Admissions April Revenue Trends
$26,397 $45,827 $31,133 $2,153 $33,646
73.61%
-32.07%
-93.09%
1462.92%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
$50,000
2017 2018 2019 2020 2021
Recreation Program Fees April Revenue Trends
REGULAR MEETING MINUTES
ECRTA BOARD MEETING
May 12, 2021
Held virtually via Google Meet
Authority Members Present
Avon Amy Phillips
Beaver Creek Jennifer Brown
Eagle County Jeanne McQueeney
Vail Brian Stockmar
Authority Members Absent
Eagle Scott Turnipseed
Gypsum Jeremy Rietmann
Minturn John Widerman
Red Cliff Dana Veljacic
Guests
Dick Cleveland - ECO Trails Committee
Ms. Brown called the meeting to order at 12:07 p.m.
1. Roll Call
All members were present at the beginning of the meeting, with the exception of Scott
Turnipseed, Jeremy Rietmann, John Widerman and Dana Veljacic.
2. Additions to the Agenda
None
3. Approval of March 17, 2021 Minutes
This item was delayed until after Item 6 to see if additional board members would join the
meeting.
Ms. Brown requested that the meeting dates be updated and the item be moved to the special
board meeting.
5. Public Comments
None
6. Discussion and Action Items
ECRTA Meeting Minutes, May 12, 2021DRAFT
COVID-19 and Service Update (Information):
Ms. Allen stated that COVID cases are continuing to trend in the right direction and hopefully
capacity restrictions are more limited. ECO Transit is currently limiting the number of passengers
to the seated capacity of the bus which is 38 passengers. Mask requirements are still in place. Ms.
Allen overviewed ridership trends on the buses and how they are on par with previous seasons,
although still slightly less.
Ms. Brown asked if Vail or Avon had any mask restriction updates. She stated that Beaver Creek
hasn’t changed their plans. Mr. Stockmar responded that Vail hasn’t had any discussions to date.
CRSAA Funding - Enhanced Service Pilot Concepts (Discussion/Direction):
Due to limited board member participation, this item was moved up in the agenda with the action
items being delayed.
Ms. Allen overviewed the CRSAA funding of approximately $8 million dollars. Ms. Allen stated
that many agencies are using these funds to back-fill lost revenue, such as fares or tax dollars, but
ECO Transit hasn’t experienced much in sales tax dips during COVID. This allows ECO Transit
to look into other creative ways to deploy these funds, such as test some service improvements or
other enhancements.
Ms. Allen presented the concepts: service enhancement pilots (~$1.5-2 million); expedite mobile
fares project (~$130k); long range planning projects and driver pay or incentive packages.
Mr. Wetzel presented the Eagle-Gypsum Circulator concept. He discussed some of the goals of
the circulator and the desire to grow ridership throughout the downvalley communities. Ms. Allen
asked the Board to provide any thoughts on the concepts, areas served, and other service needs.
Ms. Phillips stated that this would be more successful as two separate loops with a transfer around
Costco. She thought that pursuing smaller vehicles would be better for service and partnering
with the Towns to prepare grants ideal for procurement. Ms. Phillips stressed the need for this to
be a partnership between the local communities and ECO Transit, not similar to Edwards where
the County is required to cover the costs of the service. She asked if the smaller vehicle would
need to be purchased for this service. Ms. Allen stated that it would and that ECO Transit could
cover those costs. Ms. Phillips stressed that this could be a missed opportunity to acquire grant
funding and that the Towns of Gypsum and Eagle should be financial partners in the plans.
Mr. Stockmar stated that he supported using smaller vehicles in the past. He asked how we have
studied the use of these types of vehicles and the impacts on hiring staff. Ms. Allen stated that the
driver costs are greater impacts than vehicle costs. Mr. Wetzel stated that larger vehicles have
been the focus given the need to move larger volumes of passengers, so that there hasn't been too
much analysis of smaller vehicles to date.
Mr. Stockmar stated integrated scheduling is important on the upper end of the valley and he felt
that it is easier to manage those logistics with smaller vehicles. He really supported this concept
and wanted additional studies provided by staff.
ECRTA Meeting Minutes, May 12, 2021DRAFT
Ms. Brown asked the board members to provide input on if it would be a good use of CRSSA
funding to pursue these pilot projects. She stated a separate discussion would be overlaying
services or focusing on the types of vehicles used.
Ms. Phillips asked if there were any limitations on CRSAA funding. Ms. Allen responded that it
is still in flux, but generally speaking operational costs are permissible. Ms. Phillips stated that
she was adamant that the Towns of Gypsum and Eagle are financial partners in the pilot project.
ECRTA Strategic Planning Retreat Follow Up/Next Steps (Discussion/Direction):
Ms. Allen presented the Values and Goals and Aspirations chart that was prepared by Community
Builders after the board retreat.
Mr. Stockmar stated that these were all great aspirational goals and values.
Ms. Brown asked if there were any other thoughts from the board members. Mr. Stockmar
requested goals and measurements be further developed to ensure they are achievable by staff.
Donation Request - Avon 4th of July (Action):
This item was moved later on the agenda awaiting additional board members. Unfortunately, no
additional members were present so action could not be taken.
Ms. Brown overviewed the request and asked if Avon had any updates.
Ms. Phillips stated that they were still finalizing the talent for the event, but it wasn’t official yet.
She did state that the goal was to curb the parking issues in Avon during the highly attended
event.
Ms. Brown asked Staff if they have available drivers and buses to provide 4 additional buses. Ms.
Allen stated that it is more realistic that ECO Transit could only provide 2 additional buses given
our staffing issues. Ms. Phillips stated that would be a good compromise given the limitations.
Ms. Brown asked if Avon would support marketing the additional service to encourage ridership.
Ms. Phillips stated that it would be marketed and Avon would be encouraging use of transit.
Mr. Stockmar stated that there is economic benefit of people spending money at events, but he
hasn’t seen studies that support the direct relationship between an event like this and the costs of
providing transit. He felt that this information would help the Board support requests of this ilk.
Ms. McQueeney wanted to hear from Gypsum and Eagle on if they have July 3rd events that this
would draw away from. Ms. Phillips stated that historically all other communities have done
fireworks on the 4th and Avon moved to the 3rd to have a unique event.
Ms. Brown stated that these additional items will be addressed during a special meeting, which is
necessary to have a quorum present for voting purposes.
ECRTA Meeting Minutes, May 12, 2021DRAFT
Funding Request - Avon Ped Improvements (Action):
This item was moved later on the agenda awaiting additional board members. Unfortunately, no
additional members were present so action could not be taken.
Mr. Sharkey stated that he didn’t have any further information on the agenda item. Ms. Phillips
stated that the majority of residents served by these improvements are those of Eagle County,
EagleVail, and Vail Resorts. Ms. Phillips elaborated on the proposed roundabout as a traffic
calming technique to lower speeds and allow for pedestrian improvements.
Mr. Stockmar asked if the Avon had looked at using crossing flashers (RRFBs) as a pedestrian
safety technique. Ms. Phillips responded affirmatively.
Ms. Brown stated that the board request is to support the financial match if a grant was awarded.
Mr. Sharkey stated that there have been discussions in the past on the need, but he wasn’t sure of
the more recent discussions regarding support of this concept.
Ms. McQueeney stated that she supported the concepts, but she wasn’t definitive on the amount
of support needed from ECO Transit. She further stated that pedestrian safety directly accessing a
transit stop is a function of ECO Transit, but larger pedestrian safety issues are bigger than just
ECO Transit and other funding partners need to be included in solutions.
ECO Trail Update (Information/Discussion):
Mr. Sharkey provided an overview of the marketing push to complete the Eagle Valley Trail and
trail signage update. Mr. Cleveland discussed the missing segments and the preliminary costs, but
he stated the $13 million to build the Horn Ranch to Edwards section is going to be extremely
hard. He stated that it takes a good amount of money to hire firms to help raise money.
Mr. Stockmar asked if the ECO Trails committee had reached out to State programs or CDOT for
funding the remaining portion of the trail. He highlighted the opportunity to work with Bicycle
Colorado for marketing assistance. Mr. Cleveland stated that nearly all of the trail construction
has been funded in part by GOCO. Mr. Stockmar thought that selling naming rights would be an
option for helping fund completion.
Ms. McQueeney asked about the current makeup of the ECO Trails Committee and why they are
low on members. She felt this would be a great time to be on the committee. She highlighted the
County’s commitment to completing the other sections, but put the efforts with GOCO behind
supporting this trail. Ms. Brown stated that there is an opportunity for the ECRTA Board to
support ECO Trails.
Mr. Sharkey presented an update on the ongoing projects. Ms. Brown stressed how exciting these
projects are.
7. Information and Staff Updates
Q&A - Director and Staff Updates:
Ms. Brown stated that some other conversations with the Ad Hoc committee are important to
continue moving forward.
ECRTA Meeting Minutes, May 12, 2021DRAFT
Board Member Roundtable Information:
Mr. Stockmar discussed the parking issues of the Booth Falls Trailhead. He discussed parking
management plans. Ms. Brown thought that Hanging Lake could be a model for moving forward.
Mr. Stockmar felt that encouraging other trails through concierge groups could be helpful.
A special meeting was requested to address the outstanding action items. Staff will work on
identifying dates and scheduling a ECRTA Board special meeting.
The meeting was adjourned at 1:56 pm.
The next meeting will be held Wednesday, August 11, 2021, in the Eagle County Room at
the main Eagle County building.
Respectfully Submitted:
Jared Barnes
Planning Manager, Clerk to the ECRTA Advisory Board
Minutes approved for May 12, 2021 meeting.
Date
Seal
Clerk’s Note: Notice for this meeting was properly posted as required.
ECRTA Meeting Minutes, May 12, 2021DRAFT
PLANNING AND ZONING COMMISSION MEETING ABSTRACT
TUESDAY, MAY 18, 2021
1. CALL TO ORDER AND ROLL CALL
Chairperson Jared Barnes called the meeting to order at 5:04 p.m. A roll call was taken, and Planning
Commission members present were Steve Nusbaum, Marty Golembiewski, and Anthony Sekinger. Also
present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town Attorney Paul
Wisor.
2. APPROVAL OF AGENDA
Action: Commissioner Nusbaum motioned to approve the amended agenda. Commissioner Sekinger
seconded the motion and it carried unanimously 4-0.
3. SWEARING IN OF NEW COMMISSIONERS (TOWN CLERK BRENDA TORRES)
Jared Barnes, Steve Nusbaum, Anthony Sekinger and Marty Golembiewski were re-sworn in as
Commissioners.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
Action: No conflicts or communication were disclosed.
5. BUSINESS I TEMS
5.1. 5151A LONGSUN LANE – LOT 48A BLOCK 4 WILDRIDGE SUBDIVISION - PUBLIC HEARING – MINOR
DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR A SPLIT RAIL FENCE WITH MESH
THAT DOES NOT COMPLY WITH AVON DEVELOPMENT CODE STANDARDS (TOWN P LANNER DAVID
MCWILLIAMS AND ALEXESS REA SMITH).
Commissioners Sara Lanious and Trevor MacAllister joined the meeting and divulged no conflicts or
communication.
Public Comment: None.
Action: Commissioner Nusbaum motioned to approve AEC21003 with the following findings:
1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance;
2. The proposed alternative achieves the intent of the subject design or development standard to the
same or better degree than the subject standard;
3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the
same or better degree than the subject standard;
4. The proposed alternative results in benefits to the community that are equivalent to or better than
compliance with the subject standard; and
5. The proposed alternative does not impose greater impacts on adjacent properties than would occur
through compliance with the specific requirements of the Code;
6. Sufficient space is given to ensure no property line delineation; and
7. The 45-degree edging on the west corner creates a more desired aesthetic.
Commissioner Golembiewski seconded the motion and it carried unanimously 6-0.
Action: Commissioner Nusbaum motioned to approve MNR21013 with the following findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design standards
established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the
application; and
6. The design relates the development to the character of the surrounding community.
Commissioner Golembiewski seconded the motion and it carried unanimously 6-0.
5.2. 42 RIVERFRONT LANE – PUBLIC HEARING – REQUEST FOR MODIFIED SHORT-TERM PARKING AND
SHUTTLE STAGING AREA ALONG RIVERFRONT LANE. (TOWN PLANNER DAVID MCWILLIAMS AND JIM
TELLING).
Public Comment: None.
Action: Commissioner Nusbaum motioned to approve MNR21019 with the following findings and
conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design standards
established in the Avon Development Code and the PUD Design Standards;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan; and
5. The design relates the development to the character of the surrounding community.
Conditions:
1. An additional pillar light will be studied for addition on the east side of the loading dock, and
approved by staff;
2. The west shuttle area will be redesigned to the south side of Riverfront Lane, utilizing existing
hardscape area and brought to PZC on June 1, 2021; and
3. The crossing of the loading dock driveway be striped to delineate pedestrian crossing and
approved by staff.
Commissioner Golembiewski seconded the motion and it carried unanimously 6-0.
5.3. THROUGHOUT TOWN – PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT FOR UPDATE TO THE
2018 AVON COMMUNITY HOUSING PLAN. STAFF REQUESTS THIS ITEM BE CONTINUED TO JUNE 1
(COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER).
Public Comment: None.
Action: Commissioner Golembiewski motioned to continue the item to the June 1, 2021 meeting.
Commissioner Sekinger seconded the motion and it carried unanimously 6-0.
5.4. THROUGHOUT TOWN – WORK SESSION – CODE TEXT A MENDMENT FOR VARIOUS CHANGES TO AVON
DEVELOPMENT CODE (TOWN PLANNER DAVID MCWILLIAMS).
Action: Commissioners commented on various proposed changes.
6. CONSENT AGENDA
6.1. MEETING MINUTES - APRIL 20, 2021
Action: Commissioner Sekinger motioned to approve the consent agenda. Commissioner Lanious
seconded the motion and it carried unanimously 6-0
7. STAFF UPDATES
Action: Staff mentioned an updated meeting schedule, including the June 1 meeting will be online and the
June 15 meeting will be in person. There will be a June 29 PZC meeting and cancelation of the July 6 PZC
meeting.
8. ADJOURN
This meeting abstract is 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.
RESPECTFULLY SUBMITTED:
_________________________________
David McWilliams, Town Planner
APPROVED:
__________________________________
Chairperson