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TC Packet 06-08-2021_______________________________________________________________________________ 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, JUNE 8, 2021 MEETING BEGINS AT 5:15 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:15 PM 1. CALL TO ORDER AND ROLL CALL 5:15 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. Avon PD Swearing in and Badge Pinning of Officer Lopez, Officer Villegas, Detective Hernandez and Sergeant Herrera (Police Chief Greg Daly) (15 Minutes) 5:20 5.2. Avon PD Awards Presentation (Police Chief Greg Daly) (15 Minutes) 5:35 5.3. Work Session: Forest Service Road 779 (Planning Director Matt Pielsticker) (60 Minutes) 5:50 5.4. Work Session: Emergency Siren Wildridge (Town Manager Eric Heil) (20 Minutes) 6:50 5.5. First Reading of Ordinance 21-08 Model Traffic Code (Town Prosecutor Elizabeth Pierce- Durance (10 Minutes) 7:10 5.6. Extension Request for a Development Plan Approvals – Lot B Hotel / 130 W. Beaver Creek Boulevard (Planning Director Matt Pielsticker) (30 Minutes) 7:20 5.7. Resolution 21-14 Adopting the Updated Climate Action Plan (Town attorney Paul Wisor) (10 Minutes) 7:50 5.8. Resolution 21-15 Amending and Re-Adopting the Simplified Rules of Order for Avon Town Council Meetings to Reflect Remote Attendance Policy (Town Attorney Paul Wisor and Town Manager Eric Heil) (15 Minutes) 8:00 6. MINUTES 6.1. Approval of May 6, 2021 Special Council Meeting Minutes (Town Attorney Paul Wisor) (5 Minutes) 8:15 6.2. Approval of May 25, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 8:20 6.3. Approval of June 2, 2021 Special Council Meeting Minutes (General Government Manager Ineke de Jong) (5 Minutes) 8:25 _______________________________________________________________________________ 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. 7. WRITTEN REPORTS 7.1. June 1st Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. May 20th CASE Committee Draft Meeting Minutes (General Government Intern Emily Myler) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:30 9. ADJOURN 8:45 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 22 o Avon PD Annual Presentation o Presentation: Eagle County Wildlife Roundtable o Resolution 21-XX MOU-CAC Governing Board o Second Reading of Ordinance 21-08 Model Traffic Code o First Reading Ordinance 21-05 Amending Avon Municipal Code to change the definition of a reusable bag o First Reading of Ordinance 21-XX Housing Plan Amendments Riverfront Lane License Agreement for Parking o Public Hearing and Resolution 21-XX Eaglebend Minor PUD amendment- Short term rentals o First Reading of Ordinance 21-XX Development Code Amendments JULY 13 o Presentation: Use Tax o Presentation: Broadband Study Results o Work Session: East Harry A. Nottingham Parking Improvements o USFS 717.1B Emergency Egress Planning (Planning Director Matt Pielsticker) o Quarterly Update on 2021 department goals o Potential Resolution supporting efforts to protect 30% of U.S. Lands, Waters, and Oceans by 2030. AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, JUNE 8, 2021 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 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. PUBLIC HEARING FOR TEMPORARY MODIFICATION OF PREMISES 5:00 5.1. APPLICANT NAME: BOB’S PLACE LLC D/B/A BOB’S PLACE LOCATION: 100 WEST BEAVER CREEK BOULEVARD TYPE: HOTEL & RESTAURANT (CITY) MANAGER: ROBERT K. DOYLE 6. PUBLIC HEARING FOR LIQUOR LICENSE RENEWALS 5:05 6.1. APPLICANT NAME: YERF LLC D/B/A TICINO ITALIAN RESTAURANT LOCATION: 100 WEST BEAVER CREEK BOULEVARD, UNIT 127 TYPE: HOTEL & RESTAURANT (CITY) MANAGER: CHARLES FREY 7. PUBLIC HEARING FOR SPECIAL EVENTS LIQUOR PERMIT 5:10 7.1. APPLICANT: BRAVO! VAIL MUSIC FESTIVAL EVENT: LINDA & MITCH HART SOIRÉE SERIES – AL FRESCO 2021 DATE AND TIME: JUNE 28, 2021, 11:00 AM – 11:00 PM LOCATION: 108 PRIMROSE, MOUNTAIN STAR TYPE: SPECIAL EVENT LIQUOR PERMIT MANAGER: EMILY BLOCK 8. APPROVAL OF THE MINUTES FROM MAY 25, 2021 LIQUOR LICENSING AUTHORITY MEETING (5 Minutes) 5:15 9. WRITTEN REPORT 9.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES) 10. ADJOURNMENT 5:15 970-748-4001 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Liquor Licensing Authority Secretary RE: PUBLIC HEARING for Temporary Modification of Premises - Bob’s Place LLC d/b/a Bob’s Place DATE: May 28, 2021 SUMMARY: Current licensee Bob’s Place LLC d/b/a/ Bob’s Place, has applied to temporarily modify the scope of his licensed premises to include an outdoor patio area. The modification would be from June 9, 2021, until September 20, 2021. The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division, which materials are in order. Documents are on file in the Town Clerk’s office. Today’s hearing has been properly noticed. The Applicant is expected to be present to answer Authority questions. BACKGROUND: Mr. Doyle made a similar application last year, which was granted. He applied then, and applies now, for additional space just outside his restaurant to increase social distancing among his customers. The outside area to be included in the modified premises license is a patio located adjacent to the restaurant. A map showing the extended area is provided in your packet. The Colorado Department of Revenue has issued Regulation 47-302 F, which permits temporary modification of licensed premises due to the COVID-19 health crisis. This regulation will expire on October 31, 2021; any temporary modification shall also expire on that same date. To qualify for this temporary permit the Applicant must show that: • the outside area is contiguous or adjacent to the licensed premises and appropriately monitored by the licensee; • the licensed premises as modified will comprise a definite area; • the licensee will designate boundaries of the modified premises, using approved barriers and post warning signs in areas visible to the public, including all points of ingress and egress, regarding laws against public consumption; • the modified premises will not encroach upon or overlap with the licensed premises of any other licensee; • the modified premises comply with local building and zoning laws; and • the modified premises comply with all other restrictions and requirement imposed by the Colorado Liquor Code and Rules. Mr. Doyle’s application satisfies these criteria. LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider a Temporary Modification Application as submitted by Bob’s Place LLC d/b/a Bob’s Place. A public hearing is required before final action is taken. PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Temporary Modification of Premises application made by Bob’s Place LLC d/b/a Bob’s Place.” Thank you, Brenda Page 2 of 2 TEMPORARY MODIFICATION OF PREMISES ATTACHMENTS: The Applicant for the special event permit has submitted the following materials:  Attachment A: Permit Application and Report of Changes (State form DR 8442)  Attachment B: Map diagram of the proposed temporary modification, including an outside area ATTACHMENT A ATTACHMENT B 970-748-4001 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Liquor Licensing Authority Secretary RE: PUBLIC HEARING for Liquor License Renewal Application - Yerf LLC d/b/a Ticino Italian Restaurant DATE: May 28, 2021 SUMMARY: Licensee Yerf LLC d/b/a Ticino Italian Restaurant is applying for a Liquor License Renewal. The Applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. These documents are on file in the Town Clerk’s office. A background check reveals no liquor license violations within the past five years and no criminal history. BACKGROUND: Section 44-3-302, C.R.S., provides guidelines for liquor licensing renewals, which applications are made to the local licensing authority. The Town Clerk, Special Counsel Pierce-Durance, and the Avon Police Department have reviewed the application submitted and referenced above and found the materials in order. This renewal application is being brought to the Authority for the sole reason that the Applicant’s premises’ lease is set to expire before the conclusion of the one-year license. This is a permitted renewal; however, the Applicant should be aware of his obligation to provide the Authority with a timely filed Location Change Permit report (DOR Form DR 8442) in the event he changes location within the Town of Avon at the end of his current lease. See Section 44-3-301(9)(a)(I)(A), C.R.S., permitting the move of a permanent location to another place in the same town. If the Applicant leaves Avon, he will be required to obtain a new license before providing alcohol in a new location. The owner/manager has been invited to attend the Liquor Licensing Authority meeting. Proper state and local fees have accompanied the application. ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider the following Liquor License Application for renewal. A public hearing is required before final action is taken. Applicant Name: Yerf LLC d/b/a Ticino Italian Restaurant Location: 100 West Beaver Creek Boulevard #127 Manager: Charles Frey Permit Type: Hotel & Restaurant (City) PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Liquor License Renewal Application for Yerf LLC d/b/a Ticino Italian Restaurant.” Thank you, Brenda Page 2 of 2 LIQUOR LICENSE RENEWAL APPLICATION ATTACHMENTS: The Applicant for the liquor license renewal has submitted the following materials: Attachment A: Application for Liquor License Renewal (State form DR 8400) ATTACHMENT A 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 - Linda & Mitch Hart Soirée Series – Al Fresco 2021 DATE: May 28, 2021 SUMMARY: Bravo! Vail Music Festival is applying for a malt, vinous, spirituous liquor special event permit to serve/sell beverages at the Linda & Mitch Hart Soirée Series – Al Fresco 2021 special event on June 28, 2021. The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. Documents are on file in the Town Clerk’s office. The premise has been posted with notice of the public hearing for this application. The event manager will be present to answer questions about the application. The Applicant has provided adequate proof of commercial liability insurance that meets the Town’s requirements and has obtained any other permit needed for this event. Background checks show no previous failure by the Applicant to comply with Special Event Permit laws and fewer than 15 special event permits issued to the Applicant this calendar year. BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Avon has adopted the local option whereby applications are made directly to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. A nonprofit entity may receive a maximum of 15 special event permits per calendar year. There are no required findings for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for denial of a special event permit as follows: “The state or local authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.” ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit Application for the upcoming Linda & Mitch Hart Soirée Series – Al Fresco 2021 special event. A public hearing is required before final action is taken. Please note that the Bravo! Vail Music Festival is acting as Applicant for this permit. Applicant Name: Bravo! Vail Music Festival Event Name: Linda & Mitch Hart Soirée Series – Al Fresco 2021 Event Date: June 28, 2021; 11:00 a.m. until 11:00 p.m. Location: 108 Primrose, Mountain Star, Avon Event Manager: Emily Block Permit Type: Special Events Permit - Malt, Vinous & Spirituous Liquor Page 2 of 2 PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit application for the Linda & Mitch Hart Soirée Series – Al Fresco 2021 special event on June 28, 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, MAY 25, 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, and Chico Thuon. Board member RJ Andrade was not present. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Interimn Recreation Director Michael Labagh, Executive Assistant to the Town Manager Ineke de Jong, and Secretary Brenda Torres. 2.APPROVAL OF AGENDA Video Start Time: 00:03:21 Board member Underwood moved to approve the agenda as presented. Board member Prince seconded the motion and the motion passed unanimously by those present. Board member Andrade was not present. 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:04:16 No conflicts of interest were disclosed. 4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:04:26 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.SPECIAL EVENTS LIQUOR PERMIT Video Start Time: 00:05:02 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 Event Manager Brooke Skjonsby was present to answer questions. No questions were asked. Board member Underwood moved to approve the special events permit application for the Vail Valley Charitable Fund Brew’Au in Avon special event. Board member Hardy seconded the motion and the motion passed with a vote of 5 to 0. Vice Chairwoman Phillips was away and did not vote. Board member Andrade was not present. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MAY 25, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 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 Event Manager Wendy Rimel was present and answered several questions from Board members. Board member Prince suggested a possible map amendment to include the terrace area. Board member Prince moved to approve the special events permit application for the Evening of Stars special event on June 3, 2021 with the modification to extend the premise area to include the terrace. Vice Chairwoman Phillips seconded the motion and the motion passed unanimously by those present. Board member Andrade was absent. 6. APPROVAL OF THE MINUTES FROM JANUARY 12, 2021 MEETING Video Start Time: 00:18:34 Board member Underwood moved to approve the minutes from January 12, 2021 Liquor Licensing Authority Meeting. Vice Chairwoman Phillips seconded the motion and the motion passed unanimously by those present. Board member Andrade was not present. 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS 8. ADJOURNMENT The Avon Liquor Authority meeting adjourned at 5:17 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 28, 2021 Topic: REPORT ON RECENT LIQUOR LICENSE RENEWALS 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 May 25, 2021, the Town has received four 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: Cripple Creek Backcountry, Inc. d/b/a Cripple Creek Backcountry Location: 82 East Beaver Creek Boulevard #M102 Type: Beer & Wine (City) Manager: Douglas Mark Stenclik Applicant: Benchmark Liquors Inc. d/b/a Beaver Liquors Location: 110 East Beaver Creek Boulevard Type: Liquor Store (City) Manager: David Courtney Applicant: East West Resort LLC & Avon Riverfront LLC d/b/a Westin Riverfront Resort & Spa & Maya Location: 126 Riverfront Lane Type: Resort Complex (City) Manager: Kristen Pryor Applicant: D & D Inc. d/b/a Pho Bay Location: 101 Fawcett Road #180 & #185, LCE #112 Type: Hotel & Restaurant (City) Manager: Denny Duong 970 748 4049 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Swearing in and badge pinning of Officer Derek Lopez, Officer Stephany Villegas, Detective Alan Hernandez, and Sergeant Balmore Herrera DATE: June 4, 2021 SWEARING IN AND BADGE PINNING CEREMONY: Tonight, we will join Officer Derek Lopez, Officer Stephany Villegas, Detective Alan Hernandez, and Sergeant Balmore Herrera and their families as they take their oaths as Avon’s newest Police Officer’s, newest Detective and newest Patrol Sergeant and individually receive their badges. This is a first for the Avon Police Department to swear in four Latinx police department officers to include three immigrants from Mexico and Honduras into the roles of police officers, detective, and sergeant. Officer Lopez previously worked for his family restaurant business in New Jersey. He worked in asset protection at Wal-Mart. He was our community response officer in Harry A. Nottingham park last summer before we sent him to the police academy. Officer Villegas, originally from Mexico, grew up and was educated in Eagle County. She previously worked in the family plumbing business. Officer Villegas attended our Citizens Police Academy last year and decided to fulfill a teenage ambition of becoming a law enforcement officer. Detective Hernandez, also originally from Mexico, grew up and has been educated in Eagle County. He then completed his Bachelor’s degree in Criminal Justice at Colorado Mesa University. He also previously worked at Wal-Mart in Asset Protection, was a summer code enforcement officer in Harry A. Nottingham Park and then worked for the Vail Police Department as a code enforcement officer. He has worked for the Avon Police Department for nearly three years. He recently tested for the detective position against some other very capable Avon Police Officers. Sergeant Herrera, is originally from Honduras, grew up and has been educated in Eagle County. He is a United States Marine Corps veteran. He previously served with the Eagle Police Department before coming to the Avon Police Department. He has worked for the Avon Police Department for the last four years. He recently completed a very challenging two-day testing assessment center for the sergeant position against some other very capable Avon Police Officers. It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon completion of Police or Fire Academy, and then upon subsequent promotions. The badges are the visible signs of his or her role, responsibilities, authority, and trust with our community. Mayor Smith-Hymes will preside over the swearing-in. The Oath of Office will be administered by Town Clerk Brenda Torres. Page 2 of 2 Officer Lopez’s girlfriend, Vanessa Mosqueda will pin his badge. Officer Villegas’s father Orlando Villegas will pin her badge. Sgt. Jamison will pin Detective Hernandez’s badge. Sergeant Herrera’s mother Blanca Stibbs will pin his badge. Congratulations to Officer Derek Lopez, Officer Stephany Villegas, Detective Alan Hernandez, and Sergeant Balmore Herrera. Thank you, Chief Greg Daly. # # # (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith-Hymes and Council members FROM: Greg Daly, Chief of Police RE: Avon Police Department Presentation of 2020 PD Awards DATE: June 4, 2021 SUMMARY: Honorable Mayor and Council, there are two elements to the Police Department presentation on Tuesday evening: • Swearing in of two new Avon Police officers, a newly promoted Detective and a newly promoted Sergeant • Presentation of Avon Police Department 2020 Awards PRESENTATION OF AVON POLICE DEPARTMENT 2020 AWARDS: As Chief of Police, it is with great pleasure and honor that I present the following Avon Police Department Awards for 2020 and for the first half of 2021. These awards are to recognize staff members, who have made exceptional and valiant individual contributions above and beyond their normal duties with the Avon Police Department. In addition, we are recognizing other town employees for their contributions to the citizens, residents, and guests of the Town of Avon. Lifesaving Medal – Awarded to members directly responsible for saving/prolonging a human life. (Extended by days or weeks)  Master Police Officer Mike Lundblade and Officer Al Zepeda- For actions resulting in the saving and prolonging a human life on April 12, 2021. At about 18:20 hours while returning from a vacation trip at Denver International Airport, MPO Lundblade and Officer Zepeda observed a male party fall backwards from a ticket desk to the floor. They rushed to assist and observed that the male had blue skin color and no apparent signs of life. He was approximately seventy (70) years old with blood on the floor under his head and bystanders started to gather around him. Officer Zepeda checked for a pulse and detected none. MPO Lundblade began high quality chest compressions. Officer Zepeda directed a bystander to call 911 and bring an AED. After about three minutes when the AED arrived, Officer Zepeda connected the AED to the unconscious male party. While doing so Officer Zepeda detected a pulse and noticed hand and eye movements from the male party. Shortly thereafter and before the AED was needed, paramedics arrived on scene. In conjunction with DIA’s EMS crew these efforts were successful, and the male party was transported to a local hospital for advanced medical treatment where he recovered. MPO Lundblade and Officer Zepeda reflected great credit upon themselves and the Avon Police Department that day. Page 2 of 4 Page 3 of 4 Medal of Merit – Recognition of outstanding leadership during a major incident or over a period of time.  For outstanding leadership during a major incident (COVID-19 pandemic)- To Deputy Chief of Police Coby Cosper. This award recognizes and acknowledges your collective leadership and initiative from March 2020 to May of 2021 in addressing the COVID-19 pandemic as it unfolded in the Town of Avon and across Eagle County. We are grateful for your vital contribution to working with both internal and external groups in this unprecedented national crisis for the betterment of the Town. As the Emergency Support Function Leader in the Eagle County Emergency Operations Center, you provided forceful and deliberate backup in the coordinated law enforcement community’s response to the COVID-19 pandemic. You obtained, managed, and distributed all necessary personal protective equipment (PPE) across six different law enforcement agencies for initial issue and resupply as needed for more than one hundred (100) law enforcement officers and deputies. Your work on assisting in the creation of a first responder operational plan with the Fire and EMS communities contributed greatly to keeping our first responder community healthy, provided direction on how to respond to calls for service involving COVID, and kept staffing above minimum requirements ensuring no loss of first responder services in the county due to staff illness or quarantines. Your creation of a pandemic continuity of operations plan for the town provided a framework for other plans to be based on and ensured the continued operations of town government. Of greater importance would be the list of intangibles that you have shown as the mark of a true leader within any organization: respect, humility, commitment, dedication, integrity, empathy, hard work and resiliency. You are a true credit to the Town of Avon and the law enforcement profession. Department Teamwork Citation – For a group of employees that came together as a team and achieved exceptional results relating to a specific incident or event.  To Sergeant Matt Jamison, Detective Sergeant Jon Lovins, Sergeant Bal Herrera, Officer Al Zepeda, Officer Corey Baldwin, Deputy Chief Coby Cosper and Chief Greg Daly- For their outstanding leadership, performance, attention to detail, commitment to community safety and resourcefulness in a difficult police operation. They are recognized for their response to a search for a missing three-year- old special needs child along the Eagle river that began on June 5, 2020. Due to their work with other first responder agencies, leading groups of community volunteers, willingness to help others and assisting a family in need, their actions that day contributed to the overall team efforts in the extensive search from Eagle to Dotsero through the challenging terrain along the banks of the Eagle River. You were able to solicit the support of the U.S. Secret Service, to utilize their technology to try and find a cellphone involved and the Federal Bureau of Investigation Tactical Helicopter Unit to search the river and riverbanks with a helicopter that was out in Eagle County on a training mission. Unfortunately, Sebastian was found at a later time, deceased in the river. They are a true credit to Avon and the law enforcement profession. Certificate of Appreciation – An award presented to a citizen or employee that should be recognized for their service. All Town of Avon staff and departments did an amazing job in continuing high level professional operations throughout the sixteen months of the COVID-19 pandemic. We thank all of our colleagues for their passionate work through a challenging time. We pay particular appreciation to those other frontline departments that were customer facing and provided top class professional service through the pandemic. Page 4 of 4  To Gary Padilla, Drew Isaacson, Kevin Fontana, Steve Maestas, Paul Lampe, Joe Gilles, Steven Hueston, Arnulfo Galvez, Jessie Sipkovsky, Hugo Castillo, Martin Reza, Nathan Anderson, Moises Medina, Timothy Milligan, Angelo Rivera, and Trevor Dinkel- For their outstanding performance, attention to detail, commitment to community safety and resourcefulness in a difficult environment. They are recognized for their continued frontline efforts in keeping roads and parks open, plowed, mowed and free from trash during the COVID-19 pandemic. In particular, traffic control assistance at motor vehicle accidents and I-70 closures contributed to a safer environment for Avon PD officers and the motoring public. Their work in keeping our parking lots and driveways free from snow and ice was crucial in ensuring shorter response times by officers during winter conditions and reduced personnel injury from slips on icy pavement. Additionally, working closely with our officers, Avon Public Works has been instrumental in vandalism reduction in the town. You are all, a true credit to Avon and the Avon PD team.  To Craig Wilmers, Lancer Cooke, Vern Velasquez, Dillon McClure, John McDade, Michael Keenan, Nevada Wilde, Samuel Farnen and Kate Franklin- For their outstanding frontline performance, attention to detail, commitment to community safety and resourcefulness in a difficult environment. They are recognized for their continued efforts in keeping all of the town’s emergency vehicles operational and in top performance during the COVID-19 pandemic. Due to their knowledge, troubleshooting skills and work ethic, Avon PD always had emergency vehicles available when needed and any vehicle issues were addressed and corrected immediately and always with a great sense of humor. Your expertise in diagnostics, interpreting technical specifications and repair accuracy minimized lost vehicle time and ensured safety compliance. You are a true credit to Avon and the Avon PD team.  To the Men and Women of the Avon Mobility Department, led by Eva Wilson, Jim Shoun and Simon Williams- For your outstanding frontline performance, attention to detail, commitment to community safety and resourcefulness in a difficult environment. You are recognized for your continued efforts in keeping the town’s public transportation system operational and healthy during the COVID-19 pandemic. You all are commended for your excellent customer service and professionalism by placing the needs of the community over your own while ensuring the transportation needs of the public we continuously provided for. You all provide the vital services that keep public transport running every day and by doing so, keeping our community running. You all deserve our gratitude and are a true credit to Avon and the Avon PD team. Thank you, Chief Greg Daly # # # 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Planning Director RE: Work Session: United States Forest Service Road 779 DATE: May 28, 2021 SUMMARY: A work session has been requested on June 8, 2021 to discuss the history, status, and future maintenance considerations for United States Forest Service Road 779 (“FSR 779” aka “Metcalf Creek Road”). The work session is intended to be informational. Public comments are encouraged. No changes to FSR 779 are implied or being contemplated as a result of this meeting. This report includes background information included on the Engage Avon project page, and builds upon that project page with additional resources and details. TIMELINE: The timeline is not meant to be exhaustive. It is included to give context and to demonstrate when and how changes in the management of FSR 779 have occurred. ▪ Pre-1980 | Before the annexation and development of the Wildridge Subdivision the road existed on USFS lands. Historical 1981 aerial photography shows that FSR existed at the time Wildridge roads were being initially graded out in 1981. The road historically crossed through private properties (Lots 48, 49, 50) and intersected at the four-way intersection of Wildridge Road West, North Point, and Flat Point roads. ▪ June 1984 | Road realignment plans submitted to Town. To remove the historical road from private properties, the Wildridge Development Company submitted a “Special Use” design application to the Planning and Zoning Commission. The plans would realign FSR 779 from where it enters Wildridge, through Tract I, to the point where it meets Wildridge Road East. Road realignment commenced, and a Public Access Easement was recorded shortly after the special review, expressly dedicating 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.” ▪ 2003 | White River National Forest (“WRNF”) begins Environmental Impact Statement (“EIS”) process. This formal evaluation process was launched in advance of the 2005 Travel Management Rule, as a way to analyze all forms of travel on the WRNF. Alternatives to existing use patterns were documented in detail and the public process lasted over seve n years. ▪ 2005 | Travel Management Rule approved by federal government. This regulation required all forests to develop or update travel management plans (“TMP”). Once the TMP was completed/updated the annual Motor Vehicle Use Map (“MVUM”) could be issued. The MVUM is the regulatory instrument which designates a system of roads, trails and areas for motorized use by the class of vehicle and time of year. Non-motorized use is managed under other sets of special regulations. MVUM’s only apply to motorized use. ▪ 2006 | Draft WRNF TMP published. The draft plan showed several alternatives for motorized vehicle use changes; forest wide. The Town of Avon commented on the draft EIS. recommending against the decommissioning of FSR 779.1 as proposed in certain alternatives. ▪ 2011 | Record of decision (ROD) signed by WRNF supervisor, which included the decision to decommission the road. The Town of Avon appealed the ROD . With a negotiated resolution, signed in July 2011, the Town of Avon agreed to formally withdraw the appeal if 779 could remain open. Both parties agreed to work on a Memo of Understanding (“MOU”) in order to address Page 2 of 6 resource issues, parking, and other improvements. This ROD resulted in the closure of FSR 779 to motorized use in the winter months. ▪ 2012 | The USFS issues a ROD correction document issued that clarifies FSR 779 is open to "Vehicles" (page 6). ▪ 2014 | As contemplated with the 2011 negotiated resolution, an MOU was signed by Town and USFS. This memo of understanding agreed to road improvements, construction of off -street parking, a process by which the Town would propose winter access, and on -going maintenance. ▪ 2019 | MOU expired. Other than the Town of Avon improving the road base within Tract I, no other progress was made on the MOU. No scheduled maintenance of FSR 779 has taken place since at least 2011. ▪ 2020 | Town representatives meet with USFS. The Town requested an MOU to confirm the USFS has no plans to close FSR 779 for motorized and non-motorized recreational access in the summer. ▪ 2021 | Draft MOU in process. The new MOU will be presented to Town Council this summer for final approval and action. The MOU is intended to maintain current use patterns and make certain no further changes in the status of the road occur without prior notification to the Town and the Avon community. The MOU will set forth the process for maintenance activities and expectations moving forward. ROAD IMPROVEMENTS: The Town of Avon Public Works has conducted minor improvements to the portion of FSR 779 within Tract I every 5 years. FSR 779 is designated as a “Level II” road which means that it is maintained for high-clearance vehicles. According to the United States Department of Agriculture’s Guidelines for Road Maintenance Levels, Maintenance Level II roads have the following attributes: • Are maintained for use by high-clearance vehicles and not suitable for passenger cars. • Do not consider passenger car traffic, user comfort, and user convenience. • Have low traffic volume and low speed. • Typically, are local roads that connect to collectors and other local roads. • Have dips or cross drains as the preferred drainage treatments. • Avoid the use of culverts, arches, and bridges when possible. • Typically, have very few, if any, signs or other traffic control devices. • Do not consider surface smoothness. • Do not always provide motorists with alerts to potential hazards. • May not be passable during periods of inclement weather. Level II designated maintenance is typically performed every 5-7 years based on the above characteristics. Beyond the Town of Avon’s Tract I property, the USFS has not performed any scheduled maintenance on FSR for at least 10 years. The expected process for future maintenance, including the potential for parking area(s), will be outlined in the MOU. PUBLIC COMMENTS: Over the past year and a half, several written public comments have been received regarding FSR 779. A compilation of e-mailed comments from March 2020 through May 2021 was included in the recent OHV ordinance. Those comments can be found starting on page 40 HERE. Page 3 of 6 TOWN MANAGER’S COMMENTS: Staff appreciates that there is significant community interest in the designated use of this road within the Wildridge neighborhood. We understand there is near unanimous community interest to keep this road open for recreational access, but conflicting and opposed preferences on whether to support motorized recreational access. At this time, Staff and I are proceeding with the direction and goal to simply maintain the status quo of summer access for motorized and non -motorized recreational access. Maintaining the status quo involves pursuing an MOU with the Forest Service as described above and financially participating in some occasional light maintenance of USFS Road 779 to maintain the Level 2 High Vehicle Clearance condition. We are also contemplating signage at the intersection of USFS Road 779 with Wildridge Road to indicate when the road is closed to motorized recreation in the winter. Council direction is requested for change or addition to these efforts by the Town. Thank you, Matt PHOTOGRAPHS: FSR 779 Vehicle Access point off Wildridge Rd East through Tract I Page 4 of 6 Gate Access entrance to USFS Land . Wide section of FSR 779 with erosion channel forming Page 5 of 6 Steep Section of FSR 779 Rocky section of FSR 779 Page 6 of 6 Erosion channeling and ride around section of FSR 779 beyond 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Wildridge Emergency Siren DATE: June 4, 2021 SUMMARY: This report provides information on the installation of the Wildridge Emergency Siren (“Siren”). Concerns have been expressed about the internal process to approve the Siren as well as the notification to Council and the public. Attached to this report is the Community Development Staff approval and a binder of emails and graphic documents related to the Siren. BACKGROUND: The initial idea for a Siren came after the May, 2019 Wildridge wildfire evacuation drill. During the May, 2019 drill, Avon police officers selected one n eighborhood within which to knock on doors to notify occupants of the pending evacuation drill. The experience from that exercise was that several occupants at home did not receive the phone alert and were unaware of the evacuation drill. Chief Daly and I discussed whether an emergency siren like the one in Bachelor Gulch would be beneficial in Wildridge in order to generate immediate awareness of an emergency when evacuation is required. The Siren project was not given attention between spring of 2019 and spring of 2020. The Siren project was intended to be included and identified in the 2020 CIP Fund as part of the 2020 Budget process in fall of 2019; however, the Siren project was inadvertently not included. Town Attorney Paul Wisor was asked to advise on the development review process in June, 2020. Paul recommended using the Special Review Use process. In November, 2020, I received the quote of $4,126 to hire an engineering firm to prepare a rendering of the emergency siren and pole. This seemed unreasonably expensive to me. The progress of the Siren project was lagging at time as well. I asked staff to look at alternative sites that may not require design review and associated cost of design review, specifically O’Neal Spur Pocket Park and the Wildridge Fire Station. Chief Greg Daly asked Sentry Siren to re-evaluate other sites. Sentry Siren prepared a coverage map showing that the O’Neal Spur Pocket Park and Wildridge Fire Station would not cover the upper parts of Wildridge. At that point, I revisited the Avon Development Code with Paul, Matt, and Greg to determine the required legal process for development review. I was concerned that we would not be able to install the emergency siren by the spring Wildridge wildfire evacuation test. From that conversation and with the understanding that the emergency siren could be legally processed as a minor development application and processed administratively, I provided direction to Staff as the Town Manager to process the application administratively as a minor development application and approve it by Friday, January 15, 2021. The actual Siren was not installed until days before the Wildridge evacuation test. ELECTRICAL SERVICE: After ordering the Siren and immediately prior to installation we learned that an upgrade to the existing electrical line will be required to service the Siren. A rough estimate of the cost to upgrade the existing electrical service is $30K to $40K. COVERAGE: The test of the Siren during the Wildridge wildfire evacuation drill determined that the Siren could be heard throughout Wildridge, but was diminished in volume in lower Wildridge such that it sounded comparable to a vacuum cleaner indoors. The inclusion of additional (and smaller) sirens at O’Neal Spur Park and the former Wildridge Fire Station site would support a more consistent siren volume throughout Wildridge. Page 2 of 2 OPTIONS: As a result of concerns expressed, Council is presented with the following options: 1. Place the Siren and any further work on hold; refer the Siren design and location to the Avon Planning and Zoning Commission for a recommendation and bring the Siren improvement back to Council for review and approval. The existing Siren can be taken down or moved to another location if desired. 2. Provide direction that any above ground improvement (including any improvement that qualifies as for a minor development plan application) on Wildridge open space land should be referred to Avon Planning and Zoning Commission even if the use is allowed by right. 3. No Action by Council and allow the Siren to remain in place as a wildfire emergency siren. REQUESTED COUNCIL DIRECTION: Council direction is requested on how to proceed. Thank you, Eric ATTACHMENT A: Minor Development Plan Approval for Wildridge Emergency Siren ATTACHMENT B: Binder of Emails related to Wildridge Emergency Siren Post Office Box 975 100 Mikaela Way Avon, CO 81620 970-748-4023 www.avon.org COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINATION APPLICATION TYPE: Minor Development Plan FILE NUMBER: MNR21002 LOCATION: Tract J, Wildridge ADDRESS: 5700 Wildridge Road East OWNER/APPLICANT: Town of Avon SUMMARY: Installation of emergency siren on Tract J at the top of Wildridge Subdivision. Additional details included within application. AVON DEVELOPMENT CODE STANDARDS: • §7.16.080 Development Plan • §7.28 Design Standards • §7.28.060 Screening STAFF DECISION: Approved with the following findings. FINDINGS: 1.The improvements are deemed new “development” and qualify for processing as a Minor Development Plan pursuant to §7.16.080 of the Development Code; 2.Pursuant to § 7.16.020(b)(2), I find that the materials submitted with the application are sufficient to allow staff to evaluate the application under applicable Development Code requirements and therefore waive any otherwise applicable submission requirements; 3.Pursuant to §7.16.020(f) of the Avon Development Code, I make the following required findings: a.The application is complete; b.The application provides sufficient information to allow Staff to determine that the application complies with the relevant review criteria; c.The application complies with the goals and policies of the Avon Comprehensive Plan; d.There is no extra demand for public services or infrastructure exceeding current capacity by the Application; 4.Pursuant to § 17.16.080(f), I make the following findings: a.The application is in substantial compliance with the purpose of the Development Code as specified in Section 7.04.030; b.The application is in substantial compliance with § 7.16.090, Design Review; c.The application is consistent with the Avon Comprehensive Plan; d.The application is consistent with previously-approved subdivision plat, PUD, and all other precedent plans and land use approvals for the subject property; e.The application complies with applicable development and design standards as explained below; and f.The proposed development can be adequately served by the requisite city services 5.The proposed siren is considered a municipal facility and therefore a permitted use on the subject property; 6.The Development Code does not contain standards for siren structures, and therefore antenna and satellite dish standards are reviewed in context with this application as they are similar improvements; 7.Screening standards apply to antennas and dishes according to §7.28.060(b)(2) of the Development Code; ATTACHMENT A: Minor Development Plan Approval Post Office Box 975 100 Mikaela Way Avon, CO 81620 970-748-4023 www.avon.org 8.Alternate screening is achieved as follows: a.Assembly includes a natural colored wood utility pole and siren with powder-coated earth tone color to provide the least visually intrusive option. b.Grouping this siren with other similar equipment on the property achieves screening according to §7.28.060(d)(4). 9.The modifications are consistent with the design criteria outlined in Chapter §7.16.090(f), Design Review; and 10.Installation of emergency awareness equipment promotes awareness of wildfire and other significant events, which promotes the public health, safety, and welfare of the community. DATE: 01/15/2021 BY: Matt Pielsticker, Planning Director ATTACHMENT A: Minor Development Plan Approval January 14, 2021 Town of Avon MINOR DEVELOPMENT PLAN APPLICATION EMERGENCY SIREN @ 5700 E. WILDRIDGE ROAD January 14, 2021 PROJECT DESCRIPTION Installation of pole mounted 460 Hz omni-directional siren on Tract J, Wildridge Subdivision, 5700 Wildridge Road East. The finished installation will be up to 25’ tall and the siren will be directed southerly direction to cover all portions of the Wildridge community. Siren device is powder coated and is mounted to utility pole. The device is wirelessly controlled for efficiency. Siren is rated @ 124 dB(C) at 100’ with estimated radius of 5,000’ continuous. Attachments: •Vicinity Maps and Coverage Area •Sentry Siren Specifications •Application Form ATTACHMENT A: Minor Development Plan Approval Siren Location & Vicinity Computer Generated Coverage Map ATTACHMENT A: Minor Development Plan Approval Detailed Location ATTACHMENT A: Minor Development Plan Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . A little about us: Our company is “relationship driven”. Meaning, we establish lifetime relationships with our clients. We approach every job with the intention that each client will, from that day forward, only need Sentry for their warning needs. Next, our products are second to none in quality, durability, and performance. Our warranty is the best in the market and we are proud to offer the lowest failure rate in the industry. Concerning product durability and life expectancy, well that’s where Sentry truly shines. We start our production process with the highest quality raw materials including what we call “single ingot sampling”. To explain, our rotors and stators are produced in pairs rather than in batches like our competitors. Meaning, a single siren’s rotor and stator are produced from the same batch of raw aluminum ingots so as to ensure the rotor and stator expand, contract, age and perform in the same manner. Eliminating the variances in metal behavior over time, experienced by our competitors sirens, and therefore, allowing a siren to perform equally 25 years after installation as it did the day it was born. Other sirens not utilizing “single ingot sampling” can get quieter or even seize due to inconsistencies in metal behavior over time. Next, we take advantage of the latest in CNC mills, lathes and cutting tools to ensure quality fit and finish to our siren parts. Finally, one of seven expert builders will hand assemble each siren from start to finish ensuring the ultimate attention to quality and detail. When speaking of a siren’s range. We base the value on an equation set by FEMA. In the 2006 revision to the FEMA warning systems guide, a new equation was issued which takes into account, for the first time, a siren’s pitch and how it relates to atmospheric attenuation. The effect of the change basically said, the lower the pitch, the less sound is attenuated given a set distance. Sentry’s sound pitch, you guessed it, is the lowest in the industry. Since Sentry Sirens produce 460 Hz, the sound reduction factor is set by FEMA at 8 dB per doubling of the distance. For our ratings however, we like to remain conservative and keep the number at 9. This conservative rating still affords us a 70 dB sound pattern of over 3.2 square miles, and it’s Omni-directional, not rotating. FEMA has something to say about that too. To quote directly from the Warning Systems Guide section 4.4.5: “In situations where there are high fluctuations in the ambient noise level, or near the limits of the audible device range, Omni-directional devices present a distinct advantage, in terms of their signal consistency, over rotational devices. For example, because of the reduced duration of its peak sound level in any single direction during its 360o sweep, a rotational device will have an overall lower dB level when assessed across a given time period than an Omni-directional device operating at the same frequency. Additionally, because sound has a reinforcing effect, Omni-directional devices can act as sound “boosters” with adjacent audible devices.” FEMA goes even further by saying in section 4.1 “Omni-directional sirens provide greater area coverage than do rotating or directional devices. They provide a more constant signal that improves public alerting in areas with highly fluctuating ambient noise, along with the reinforcing effect of multiple sound sources (up to a 3 dB increase for two adjacent sound sources in the same environmental setting). Therefore Omni-directional sirens can be used to good advantage in areas with high population density, areas with high ambient noise levels (e.g., near factories, highways, or airports), and to cover “pockets” between directional sirens, particularly for partially hilly to hilly terrains.” P.O. Box 386 Cañon City, CO 81212 Tel: 719-275-8691 Fax: 719-269-3397 www.SentrySiren.com ATTACHMENT A: Minor Development Plan Approval Page 2 Concerning life expectancy, we estimate this value based on the ratings our motors and bearings carry, as well as real world testing and experience. The motors used in our AC and DC sirens are custom built for each particular siren. We did not take the “easy road” and use a store bought motor to accomplish the task of powering our flagship battery siren. This motor / bearing combination has the ability to provide 10,000 hours of work before needing service. To explain just how long that is: given a standard 3 minute activation, this equates to 200,000 activations. Based on a weekly test with an average number of emergencies, this siren’s motor would need servicing after 2,500 years. Needless to say, we’ve never, I repeat, never had an AC/DC siren motor require service or replacement. Therefore, our life expectancy rating must be based on other factors, such as rust or environmental damage. Given the huge variance in factors facing installations, we choose to use zinc galvanized, phosphatized, and powder coated metals for our siren bodies. We’ve found these metals to be the best defense to the perils of Mother Nature. At the end of the day, we estimate our sirens to be useable for a minimum of 25 years. Although, some will certainly last longer, we must find a number we’re all comfortable with. Just an F.Y.I.: Our 10V2T siren, although a different model, uses the same production methods and materials, was given a life span rating by the NRC (Nuclear Regulatory Commission) of 53 years, even though we still rate it at 25. Our pride rests on our quality, and we’re pretty proud. Please let me know if there is anything else you’d like clarification on or if any questions arise. I’d love to help. Thanks, Scott Yarberry Executive Vice President Sentry Siren, Inc. 719-275-8691 x 114 ATTACHMENT A: Minor Development Plan Approval What does it take to inspire confidence? Trust? Yes, but trust requires experience, and that’s exactly what makes the 15V2T special. First installed in 1978, the original 15V2T was intended to be the “go to” siren for larger communities. With over 3,000 units in service world-wide, the 15V2T has no problem inspiring confidence. Like all Sentry Sirens, the 15V2T is 100% FEMA and USDA grant compliant, and with a 15 HP, continuous duty motor pushing two aluminum rotors, this siren produces 124 dB(C) @ 100 ft. continuously*. This rating is not just for 25% of its cycle time, like its rotating competitors, but for 100% of its full RPM run time. A key feature of this 15 HP brute, is its flexibility. It can be ordered in either single or dual tone (460 Hz or 920 Hz.), which allows the user to fine tune the siren’s sound to suit their needs. Therefore, in single, 460 Hz format, it’s sound will penetrate obstacles such as trees and wind with greater efficiency than other sirens in it’s class. For a mix of penetration and long distance travel, users should select the two tone version or the “2T”. Confidence? Well, like all our products, the 15V2T is backed with the industry’s longest warranty and best customer service. The 15V2T’s exposed siren components are of powder coated metals, providing the most durable finish available. The siren can be upgraded to Stainless Steel for use in harsh environments. Another state of the art system from Sentry Siren, created with tried and true technology for a winning combination. 2812 N. 9th St. www.SentrySiren.com T: 866-427-4736 Canon City, CO 81212 mail@SentrySiren.com F: 719-269-3397 ELECTRO-MECHANICAL SIRENS produce stronger and further reach- ing sound than electronic sirens while providing far better reliability. OMNI-DIRECTIONAL DEVICES “..present a distinct advantage.. over rotational devices,” according to FEMA’s warning system guide. It says “a rotational device will have an overall lower dB level when assessed across a given time period than an Omni-directional device operating at the same frequency. “ (4.4.5 FEMA OWS Technical Bulletin 2.0) Further, the guide states: “Omni- directional sirens provide a greater area of coverage than do rotating or directional devices. They provide a more constant signal that improves public alerting…” (4.4.5 FEMA OWS Technical Bulletin 2.0) The Original, extra durable, with a side of longevity……. 100% Maintenance Free, not just the siren, the whole system! Non-Rotating: Forget the worries of rotating sirens, this unit has only two moving parts and does not require lubrication or any type of scheduled adjustment or maintenance. Compatibility: This siren will integrate seamlessly with most existing siren systems. 5 year Warranty: rest assured your siren will be functional at all times and enjoy the confidence of free lifetime tech support and the best customer service in the industry. 15V2T Premium Warning Siren Made in the USA ATTACHMENT A: Minor Development Plan Approval 15V2T Premium Warning Siren Performance Power Requirements This siren is rated by Sentry @ 124 dB(C) at 100 ft.* Estimated sound radius is 5,000 ft. continuous.** Sound pattern is Omni-Directional producing 100% volume at peak RPM 100% of the siren cycle time. The 15V2T features a dual pitch design with one rotor producing 460 Hz and the other producing 920 Hz. Three Phase Siren: 15 HP: 208/230 (460V-special order), 60 Hz NP/NEC FLA (230V) - 34.0 / 42.0 Uses Starter # S7AW Single Phase Siren: 15 HP: 208/230, 60 Hz NP/NEC FLA (230V) - 37.0 / 40.0 (2 sets) Uses Starter # S8AW (Dual contactor) Additional Services / Accessories * - Sentry rating based on field tests using FEMA Guidelines; assumes perfect conditions, actual coverages may vary based on multiple factors. No guarantee is expressed or implied concerning dB or SPL of sirens. ** - Based on FEMA guidelines of 9 dB drop and assumes perfect conditions, actual coverages may vary based on unforeseen factors. No guarantee is expressed or implied concerning sound coverage of sirens. Need a site design? One of our engineers will work with you step by step to determine the optimum location for your siren(s). We analyze topography and terrain, population, available infrastructure, and more to design a siren system that best suits your community’s needs. Best of all, this is done 100% free of charge, no obligation! Be sure to ask about our full line of siren activation, weather monitoring and communication packages including “Storm Sentry”, the world’s first fully automatic siren activation system, “S.T.A.R.”, our state-of-the-art report-back status monitoring system, and “E.P.I.C.”, the world’s first PC-based FEMA IPAWS interface. Siren Starters and Controllers: Our “S” series siren motor starters and “Generation” series siren controllers make powering and activating your siren simple and easy. Call us today and let our knowledgeable staff help you select the perfect control solution for your system! “S” series motor starter GEN-1 manual controller GEN-3 radio controller ATTACHMENT A: Minor Development Plan Approval Information Technology Solutions The third generation of siren controller from Sentry Siren is aptly named the G3. The product of decades of experience and countless hours of R&D, the Generation 3 is our flagship siren controller. The true downside of traditional siren controllers was the inability to alter functions and programming after the unit was installed. Users were “stuck” with the original format and timing functions and were forced to either buy a new controller or pay for a factory reprogram if their radio system changed, in even the slightest way. Our goal was to produce one single controller that could fit into almost any existing or new siren system and work perfectly every time, even if the radio format changed. The result was the Generation 3 siren controller. Ease of use was pinnacle when designing the timing functions of the G3. If the user doesn’t like the current on/off time the siren performs, a simple program adjustment will allow infinite flexibility. The G3 comes completely programmed from the factory, so when the user installs the controller, it’s ready to go. Ask your salesperson for details. Simple, Easy, Effective, Every Time... Auto-Test Functions The GEN-3 can be ordered with an auto-test function which allows for automatic siren testing on a regular schedule. DTMF and 2 Tone Sequential can be combined into the same unit. Does your Fire Department and EMA use different codes or frequencies? No problem. One G3 can receive it all. Ready for the Future All G3 controllers are reprogrammable; meaning if your community upgrades is radio system, you’re covered. Just send in the G3 and Sentry will reprogram the unit to match your new format. Programmability: No proprietary components or software are used in the operation of this unit. Compatibility: This controller will integrate seamlessly with most existing siren systems. Flexibility: VHF, UHF, Low Band, 900 MHz, Narrow or Wide band, the G3 can use them all. Wireless Siren Control, built just for you... Generation 3 Wireless Siren Controller Made in the USA 2812 N. 9th St. www.SentrySiren.com T: 866-427-4736 Canon City, CO 81212 mail@SentrySiren.com F: 719-269-3397 ATTACHMENT A: Minor Development Plan Approval Quotation #:93130 Reference: DATE: CUSTOMER ID: TO: Office: Email: Shipment Method Valid Until LTL 2/11/21 QUANTITY UNIT PRICE LINE TOTAL 1.00 11,742.32$ 11,742.32$ 1.00 1,321.32 1,321.32 1.00 2,212.50 2,212.50 1.00 404.25 404.25 ‐ ‐ ‐ ‐ 1.00 8,000.00 8,000.00 ‐ 1.00 780.87 780.87 ‐ ‐ SUBTOTAL 24,461.26$ SALES TAX TOTAL 24,461.26$ Quotation Prepared By: Aaron Wolking Signature :Aaron Wolking Quotation Sentry Siren, Inc. 2812 N. 9th St. Avon Police Dept. Canon City, CO 81212 January 12, 2021 T: 719‐275‐8691 F: 719‐269‐3397 mail@sentrysiren.com Greg Daly Chief of Police S8AW ‐ Motor Starter for 15HP, 1PH Warning Siren 970‐748‐4049 gdaly@avon.org Estimated Delivery Time PAYMENT TERMS 2‐3 weeks ARO Net Due PTS DESCRIPTION 15V2T‐1 ‐ 15HP, 1PH Warning Siren 124dB(C) 1PH, 230VAC siren. Custom projection skirt / projection horn configuration to maximize downhill coverage. Custom Turn‐Key Installation by factory crew on Class II utility pole Shipping to 81620 Generation 3 AC Wireless Radio Siren Controller Utility Pole Mounting Bracket ‐ 10" Notes: Total Represents Complete and Delivered Cost unless Freight states PPA/Ex Works. Warning Siren(s) carry a 5 Year Warranty. External compoents such as siren motor starters, VFDs, et al. carry a 3 Year Warranty. Siren control equipment carries a 2 Year Warranty. Lifetime Tech Support also available. Installation is not included unless stated. Quotation valid for 30 days from date at the top of this form. ATTACHMENT A: Minor Development Plan Approval One Lake Street – PO Box 975 Avon, CO 81620 www.avon.org Town of Avon Community Development Department ENSURE A COMPLETE SUBMITTAL BY INCLUDING THE REQUISITE FORMS – ASK FOR A SUBMITTAL CHECKLIST LAND DEVELOPMENT APPLICATION Application Type (Check All That Apply): Comprehensive Plan Amendment Code Text Amendment Rezoning Administrative Subdivision Minor Subdivision Major Subdivision – Prelim Plan Major Subdivision – Final Plat Temporary Use Permit Administrative PUD Amendment Preliminary PUD Final PUD Annexation Minor Development Plan Major Development Plan Major Development Plan (TC) Minor PUD Amendment Major PUD Amendment Appeal Special Review Use Variance Alt. Equivalent Compliance Right-of-Way Vacation Vested Property Right Sign Design Master Sign Program/Amend. 1041 Regulation Project Name: Project Location: Street Address: Legal Description (Lot, Block, Subdivision): Parcel Number(s): Applicant: Name: Mailing address: City: State: ZIP Code: Phone: Email: Fax: Property Owner: Name: Mailing address: City: State: Zip Code: Phone: Email: Fax: Signature: Date: FEE PAID_____________________________ DATE RECEIVED________________________ APPLICATION/CASE #__________________ CASE MANAGER_______________________ ATTACHMENT A: Minor Development Plan Approval 1 From: Eric Heil <eheil@avon.org> Sent: Tuesday, January 12, 2021 9:49 AM To: Matt Pielsticker <mpielsticker@avon.org> Cc: David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Greg Daly <gdaly@avon.org>; Justin Hildreth <jhildreth@avon.org> Subject: Wildridge Siren Minor Development Application Matt, we had a conversation today to review the status of the Wildridge Siren and pole. Included in the conversation were you, Paul Wisor, Greg Daly and myself. I requested the meeting in light of receiving information that the Community Development Department had solicited a proposal from SGM engineering firm to prepare a preliminary site plan and photo rendering of a 10’ pole with an emergency siren mounted on the pole on Tract J. I believe that cost is unreasonable and that requirement as part of a minor development plan is unreasonable. Avon Development Code Section 7.16.020(b)(2) states, “The Director may waive submission requirements where appropriate to specific applications; . . .” I hereby direct Matt Pielsticker, as the Director of the Community Development Department, to waive any submission requirements for photo renderings of the Wildridge emergency siren, waive any additional reports or engineering studies and not incur any additional third party expenses in preparing and finalizing the minor development plan application for the Town’s file and further direct that the minor development plan shall be prepared by the Community Development Department and approved by Friday, January 15, 2021. Eric Eric Heil Town Manager 970.748.4004 eric@avon.org ATTACHMENT A: Minor Development Plan Approval 1 Eric Heil From:Eric Heil Sent:Tuesday, May 28, 2019 5:25 PM To:Greg Daly Subject:Wildridge Evacuation A siren or two seems like an option worth considering. It may be complimentary and get residents to check their phones and/or wake‐them in the middle of the night. Eric Eric Heil Avon Town Manager 970.748.4004 eric@avon.org www.avon.org ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Greg Daly Sent:Friday, June 14, 2019 4:32 PM To:Eric Heil Cc:Preston Neill Subject:FW: Avon warning siren - Sentry Siren, Inc. Attachments:92700, Avon, CO, 06-11-19.pdf; 2019 15V2T.pdf; 2019 G3.pdf; A little about Sentry Siren.pdf; 15V2T Surveys_Email.pdf Siren quote as discussed. It does include a turn key installation cost of $8,000. Greg Greg Daly MSCr. | Chief of Police SWAT Commander | FBINA 263 970.748.4049(D)|970.845.7098(F)|970.748.4040(O) gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: Aaron Wolking ‐ Sentry Siren, Inc. <aaron.wolking@sentrysiren.com> Sent: Tuesday, June 11, 2019 1:50 PM To: Greg Daly <gdaly@avon.org> Subject: RE: Avon warning siren ‐ Sentry Siren, Inc. Hello Greg, Thanks for the information. So, initially, I would recommend our model 15V2T. Please see the quote and product literature attached. I am thinking that for sound propagation, locating the siren on the north side of the community with the intention that the sound waves will push down the hill into the valley would be your best bet. The issue with locating a siren centrally in the community (somewhere on or near Wildridge Rd.) is that you have homes in the valley and on both the eastern and western ridges. I believe placing the siren at the lower elevation would result in decreased coverage on the higher ridges. So, I would love to put a coverage map together for you, showing estimated siren coverage based on that northern location. Is there an address up on that high side of the community that would be able to accommodate a three phase siren? We can switch to single phase if necessary, but we would prefer three phase. I’ll look forward to hearing from you. Thanks, have a great day! Regards, ATTACHMENT B: Email Binder re Wildridge Siren 2 Aaron Wolking National Sales Manager Sentry Siren, Inc. Office: 719‐275‐8691 ext. 113 Mobile: 719‐371‐3838 Fax: 719‐269‐3397 e‐Mail: aaron.wolking@sentrysiren.com Website: www.sentrysiren.com This communication is for use by the intended recipient and contains information that may be privileged, confidential or copyrighted under law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e‐Mail, in whole or in part, is strictly prohibited. Please notify the sender by return e‐Mail and delete this e‐Mail from your system. Unless explicitly and conspicuously stated in the subject matter of the above e‐Mail, this e‐Mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e‐Mail does not constitute consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. From: Greg Daly <gdaly@avon.org> Sent: Friday, June 7, 2019 1:54 PM To: Aaron Wolking ‐ Sentry Siren, Inc. <aaron.wolking@sentrysiren.com> Subject: RE: Avon warning siren ‐ Sentry Siren, Inc. Thanks Aaron for getting back. 1) In the area where the siren would potentially be located, would we have access to single phase or three phase, 230VAC power? I believe we can have single but can look at three phase if needed 2) How stable is the AC line power in the area? Are outages relatively rare or frequent? Very stable 3) Are you wanting to tie the siren into a local or regional dispatch radio system for activation? Would definitley like to look at that option. If one siren won’t cover, we will look at 2 in different areas if needed. Greg Greg Daly MSCr. | Chief of Police SWAT Commander | FBINA 263 970.748.4049(D)|970.845.7098(F)|970.748.4040(O) gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: Aaron Wolking ‐ Sentry Siren, Inc. <aaron.wolking@sentrysiren.com> Sent: Friday, June 07, 2019 10:33 AM ATTACHMENT B: Email Binder re Wildridge Siren 3 To: Greg Daly <gdaly@avon.org> Subject: Avon warning siren ‐ Sentry Siren, Inc. Hello Chief Daley, Aaron Wolking with Sentry Siren here. I am terribly sorry for the delay in responding to your email – it has been a hectic week. It’s a terrible excuse, I know! I would love to work on a coverage map / system design for you. I have a few initial questions. Please see below. 1) In the area where the siren would potentially be located, would we have access to single phase or three phase, 230VAC power? 2) How stable is the AC line power in the area? Are outages relatively rare or frequent? 3) Are you wanting to tie the siren into a local or regional dispatch radio system for activation? I’ll look forward to hearing from you. Thanks and have a great day! Regards, Aaron Wolking National Sales Manager Sentry Siren, Inc. Office: 719‐275‐8691 ext. 113 Mobile: 719‐371‐3838 Fax: 719‐269‐3397 e‐Mail: aaron.wolking@sentrysiren.com Website: www.sentrysiren.com This communication is for use by the intended recipient and contains information that may be privileged, confidential or copyrighted under law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e‐Mail, in whole or in part, is strictly prohibited. Please notify the sender by return e‐Mail and delete this e‐Mail from your system. Unless explicitly and conspicuously stated in the subject matter of the above e‐Mail, this e‐Mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e‐Mail does not constitute consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. ‐‐‐Original Message‐‐‐ From: Greg Daly <gdaly@avon.org> Sent: Thursday, May 30, 2019 9:59 AM To: alison@sentrysiren.com Subject: Wildridge subdivision. Wildridge Rd and Wildridge Rd Greg Daly MSCr. | Chief of Police SWAT Commander | FBINA 263 970.748.4049(D)|970.845.7098(F)|970.748.4040(O) gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice ATTACHMENT B: Email Binder re Wildridge Siren 4 This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Scott Wright Sent:Friday, May 15, 2020 9:36 AM To:Eric Heil; Greg Daly; Justin Hildreth Subject:RE: Avon warning siren - Sentry Siren, Inc. Got it. Scott C. Wright, CPA, CPFO Asst. Town Manager / Finance Director (970) 748-4055 (d) (970) 390-6054 (c) swright@avon.org From: Eric Heil <eheil@avon.org> Sent: Friday, May 15, 2020 6:59 AM To: Scott Wright <SWright@avon.org>; Greg Daly <gdaly@avon.org>; Justin Hildreth <jhildreth@avon.org> Subject: RE: Avon warning siren ‐ Sentry Siren, Inc. Please add to CIP budget. We can do amendment in the next round. I believe budget line item should be $23,000 (Greg said $22,000 – and change?). Thanks, Eric Eric Heil Town Manager 970.748.4004 eric@avon.org From: Scott Wright <SWright@avon.org> Sent: Thursday, May 14, 2020 7:26 PM To: Greg Daly <gdaly@avon.org>; Justin Hildreth <jhildreth@avon.org> Cc: Eric Heil <eheil@avon.org> Subject: RE: Avon warning siren ‐ Sentry Siren, Inc. No. Scott C. Wright, CPA, CPFO Asst. Town Manager / Finance Director (970) 748-4055 (d) (970) 390-6054 (c) swright@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 2 From: Greg Daly <gdaly@avon.org> Sent: Thursday, May 14, 2020 6:57 PM To: Scott Wright <SWright@avon.org>; Justin Hildreth <jhildreth@avon.org> Cc: Eric Heil <eheil@avon.org> Subject: FW: Avon warning siren ‐ Sentry Siren, Inc. Scott, Justin, Eric and I were discussing the Wildridge Siren concept earlier today amongst the other Wildridge evacuation alternate route issues He wanted me to check if it made it into this year’s CIP budget? Thanks Greg Greg Daly MSCr Chief of Police SWAT | FBINA 263 970.748.4049 gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: Greg Daly Sent: Wednesday, October 09, 2019 12:42 PM To: Scott Wright <SWright@avon.org> Cc: Eric Heil <eheil@avon.org> Subject: FW: Avon warning siren ‐ Sentry Siren, Inc. Scott this is the siren quote including an installation fee. Greg ATTACHMENT B: Email Binder re Wildridge Siren 3 From: Greg Daly Sent: Friday, June 14, 2019 4:32 PM To: Eric Heil <eheil@avon.org> Cc: Preston Neill <pneill@avon.org> Subject: FW: Avon warning siren ‐ Sentry Siren, Inc. Siren quote as discussed. It does include a turn key installation cost of $8,000. Greg Greg Daly MSCr. | Chief of Police SWAT Commander | FBINA 263 970.748.4049(D)|970.845.7098(F)|970.748.4040(O) gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: Aaron Wolking ‐ Sentry Siren, Inc. <aaron.wolking@sentrysiren.com> Sent: Tuesday, June 11, 2019 1:50 PM To: Greg Daly <gdaly@avon.org> Subject: RE: Avon warning siren ‐ Sentry Siren, Inc. Hello Greg, Thanks for the information. So, initially, I would recommend our model 15V2T. Please see the quote and product literature attached. I am thinking that for sound propagation, locating the siren on the north side of the community with the intention that the sound waves will push down the hill into the valley would be your best bet. The issue with locating a siren centrally in the community (somewhere on or near Wildridge Rd.) is that you have homes in the valley and on ATTACHMENT B: Email Binder re Wildridge Siren 4 both the eastern and western ridges. I believe placing the siren at the lower elevation would result in decreased coverage on the higher ridges. So, I would love to put a coverage map together for you, showing estimated siren coverage based on that northern location. Is there an address up on that high side of the community that would be able to accommodate a three phase siren? We can switch to single phase if necessary, but we would prefer three phase. I’ll look forward to hearing from you. Thanks, have a great day! Regards, Aaron Wolking National Sales Manager Sentry Siren, Inc. Office: 719‐275‐8691 ext. 113 Mobile: 719‐371‐3838 Fax: 719‐269‐3397 e‐Mail: aaron.wolking@sentrysiren.com Website: www.sentrysiren.com This communication is for use by the intended recipient and contains information that may be privileged, confidential or copyrighted under law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e‐Mail, in whole or in part, is strictly prohibited. Please notify the sender by return e‐Mail and delete this e‐Mail from your system. Unless explicitly and conspicuously stated in the subject matter of the above e‐Mail, this e‐Mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e‐Mail does not constitute consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. From: Greg Daly <gdaly@avon.org> Sent: Friday, June 7, 2019 1:54 PM To: Aaron Wolking ‐ Sentry Siren, Inc. <aaron.wolking@sentrysiren.com> Subject: RE: Avon warning siren ‐ Sentry Siren, Inc. Thanks Aaron for getting back. 1) In the area where the siren would potentially be located, would we have access to single phase or three phase, 230VAC power? I believe we can have single but can look at three phase if needed 2) How stable is the AC line power in the area? Are outages relatively rare or frequent? Very stable 3) Are you wanting to tie the siren into a local or regional dispatch radio system for activation? Would definitley like to look at that option. If one siren won’t cover, we will look at 2 in different areas if needed. Greg Greg Daly MSCr. | Chief of Police SWAT Commander | FBINA 263 970.748.4049(D)|970.845.7098(F)|970.748.4040(O) gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice ATTACHMENT B: Email Binder re Wildridge Siren 5 This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: Aaron Wolking ‐ Sentry Siren, Inc. <aaron.wolking@sentrysiren.com> Sent: Friday, June 07, 2019 10:33 AM To: Greg Daly <gdaly@avon.org> Subject: Avon warning siren ‐ Sentry Siren, Inc. Hello Chief Daley, Aaron Wolking with Sentry Siren here. I am terribly sorry for the delay in responding to your email – it has been a hectic week. It’s a terrible excuse, I know! I would love to work on a coverage map / system design for you. I have a few initial questions. Please see below. 1) In the area where the siren would potentially be located, would we have access to single phase or three phase, 230VAC power? 2) How stable is the AC line power in the area? Are outages relatively rare or frequent? 3) Are you wanting to tie the siren into a local or regional dispatch radio system for activation? I’ll look forward to hearing from you. Thanks and have a great day! Regards, Aaron Wolking National Sales Manager Sentry Siren, Inc. Office: 719‐275‐8691 ext. 113 Mobile: 719‐371‐3838 Fax: 719‐269‐3397 e‐Mail: aaron.wolking@sentrysiren.com Website: www.sentrysiren.com This communication is for use by the intended recipient and contains information that may be privileged, confidential or copyrighted under law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e‐Mail, in whole or in part, is strictly prohibited. Please notify the sender by return e‐Mail and delete this e‐Mail from your system. Unless explicitly and conspicuously stated in the subject matter of the above e‐Mail, this e‐Mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e‐Mail does not constitute consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. ‐‐‐Original Message‐‐‐ From: Greg Daly <gdaly@avon.org> Sent: Thursday, May 30, 2019 9:59 AM To: alison@sentrysiren.com Subject: Wildridge subdivision. Wildridge Rd and Wildridge Rd ATTACHMENT B: Email Binder re Wildridge Siren 6 Greg Daly MSCr. | Chief of Police SWAT Commander | FBINA 263 970.748.4049(D)|970.845.7098(F)|970.748.4040(O) gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Paul Wisor Sent:Wednesday, June 10, 2020 11:45 PM To:Eric Heil; Matt Pielsticker Cc:Greg Daly Subject:RE: Wildridge Siren and Pole Eric, With respect to an antenna, it seems clear that a special use review process under Section 7.16.100 is required. As you note, Table 7.24‐1, Allowed Uses provides wireless communications/antennas are subject to special use review. Section 7.16.100(b) provides a “Special Review Use (SRU) permit is required for any use allowed by special review as outlined in Table 7.24‐1, Allowed Uses.” The review criteria in Section 7.16.100 provides a SRU permit may only be issued where the proposed use is consistent with the Development Code. Section 7.28.060(b)(2) provides “all antennas shall be located so that they are screened from view from any public right‐of‐way or neighboring property. Screening may be accomplished by or through the use of landscaping materials, existing structures, sub‐grade placements or other means that both screen the antennas and appear natural to the site.” As such, the applicant must meet the screening requirements found in Section 7.28.060(b)(2). With respect to a pole with a mounted siren, the Code does not directly address this use. The closest it comes, as you again note, is a reference in the definition of “development,” and specifically clarifying a pole does not constitute development. However, that definition does not apply in this case as APD, through the Town, would be installing the pole, and the definition of development excludes the construction of poles by public utilities. Given the lack of guidance in the Code, we must fall back to Section 7.24.030, which provides the Planning Director shall make a determination as to the appropriate classification of any unlisted form of land use. The Director may base the standards for an unlisted use may be interpreted as those of a similar use set forth in Table 7.24‐1. A pole with a mounted siren most closely resembles a wireless communication tower or antenna. As such, the pole with a mounted siren should be subject to a SRU permit just as a wireless communication tower or antenna. I would note if the pole is classified as similar to an antenna then screening requirements would apply. It does not appear such screening is required if the pole were considered similar to a wireless communication tower. We can discuss further Thursday. Thanks, Paul Paul F. Wisor Garfield & Hecht, P.C. Aspen | Avon | Carbondale | Crested Butte | Denver | Glenwood Springs | Rifle 0070 Benchmark Road, Unit 104 PO Box 5450 Avon, Colorado 81620 970-300-4373(o) / 303-886-1301(c) NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (970-949-1496) and delete this message and all copies and backups thereof. Thank you. ATTACHMENT B: Email Binder re Wildridge Siren 2 From: Eric Heil [mailto:eheil@avon.org] Sent: Wednesday, June 10, 2020 5:25 PM To: Paul Wisor <pwisor@garfieldhecht.com>; Matt Pielsticker <mpielsticker@avon.org> Cc: Greg Daly <gdaly@avon.org> Subject: Wildridge Siren and Pole Paul, I need you to look at Avon Development Code and let me know your thoughts and opinion on permitting process for an antenna as well as a pole with siren. Please note that Table 7.24.040 Table of Allowed Uses says Wireless Communication Tower and/or Antenna is a Special Review Use. Development Code has three definitions of Wireless telecommunication. Not sure if a water authority antenna falls under this definition, but it is receiving lots of equipment communications by wireless – Wireless telecommunication service includes “enhanced specialized wireless telecommunication”. Otherwise there is little definition I can find that applies. Definitions, “Development” (b) shall not include: (2) work by any public utility for the purpose of . . .. constructing . . . poles . . .” that seems on point. 7.28.060(b)(2) expressly addresses screening for antennas. Call if you would like to discuss. Eric Eric Heil Town Manager 970.748.4004 eric@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Eric Heil Sent:Wednesday, July 1, 2020 11:56 AM To:Justin Hildreth; Matt Pielsticker Subject:RE: Wildridge Siren I think we have to follow our own process and submit a variance to PZC for the Town siren, so you can put this off for several weeks. Eric Heil Town Manager 970.748.4004 eric@avon.org From: Justin Hildreth <jhildreth@avon.org> Sent: Wednesday, July 1, 2020 11:51 AM To: Eric Heil <eheil@avon.org>; Matt Pielsticker <mpielsticker@avon.org> Subject: Wildridge Siren Eric and Matt, What is the latest on the ERWSD antenna and our wildfire siren? Should I start moving forward with the siren? Justin Justin Hildreth Town Engineer 970.748.4045 Office 970.331.3741 cell JHildreth@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Eric Heil Sent:Friday, July 10, 2020 12:59 PM To:Matt Pielsticker; Justin Hildreth Cc:Paul Wisor Subject:RE: Wildridge Siren I don’t know that we have a time frame. We need to do the variance process first. Matt, I prefer that you prepare the variance application and present it to PZC. I’m cc’ing Paul in case he has any legal concerns with us preparing and application and doing staff review. We are going to have more Town projects that will require a Town application and review process, so we’ll have to get over the awkwardness. E Eric Heil Town Manager 970.748.4004 eric@avon.org From: Matt Pielsticker <mpielsticker@avon.org> Sent: Friday, July 10, 2020 12:33 PM To: Eric Heil <eheil@avon.org>; Justin Hildreth <jhildreth@avon.org> Subject: RE: Wildridge Siren What is timeframe for install? This can be very awkward for David to draft and review an application. From: Eric Heil <eheil@avon.org> Sent: Wednesday, July 1, 2020 11:56 AM To: Justin Hildreth <jhildreth@avon.org>; Matt Pielsticker <mpielsticker@avon.org> Subject: RE: Wildridge Siren I think we have to follow our own process and submit a variance to PZC for the Town siren, so you can put this off for several weeks. Eric Heil Town Manager 970.748.4004 eric@avon.org From: Justin Hildreth <jhildreth@avon.org> Sent: Wednesday, July 1, 2020 11:51 AM To: Eric Heil <eheil@avon.org>; Matt Pielsticker <mpielsticker@avon.org> Subject: Wildridge Siren ATTACHMENT B: Email Binder re Wildridge Siren 2 Eric and Matt, What is the latest on the ERWSD antenna and our wildfire siren? Should I start moving forward with the siren? Justin Justin Hildreth Town Engineer 970.748.4045 Office 970.331.3741 cell JHildreth@avon.org ATTACHMENT B: Email Binder re Wildridge Siren www.sgm -inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 11/25/2020 Mr. David McWilliams, AICP Town Planner Town of Avon 100 Mikaela Way, Avon, CO 81620 RE: Town of Avon Wildridge Tract J, Wildfire Siren Dear David: Thank you for the opportunity to provide this proposal for engineering services to the Town of Avon. I look forward to further discussing this work with you. PROJECT BACKGROUND AND UNDERSTANDING Following discussion by email, SGM has prepared the following proposal to represent preparation of planning-level documents for the Town’s use in public outreach related to installation of a wildfire siren on the Tract J water tank parcel in Wildridge. While this initial scope does not include construction-level detail, SGM understands that the Town may choose to use these documents to obtain budgetary pricing from the suppliers and/or contractors that the Town chooses to prequalify for their respective experience in delivering these wildfire siren systems. SGM proposes that the scope for this work will generally include the following: • Coordinate with the Town to develop an approximate location for installation of the wildfire siren improvement on the Tract J site. Develop a preliminary site plan showing the proposed location in relation to existing property boundaries, utilities, and the adjacent right of way. • Develop photo rendering exhibits (1-2 sheets) to represent the aesthetic impacts of the wildfire siren improvement. SGM estimates that the scope described above represents 30 hours of work across the SGM project team, and a corresponding fee of $4,126. The attachment sheet provides additional detail regarding this estimate. This also notes additional exclusions that are founded from SGM’s specific knowledge of the site, surrounding community, and permitting and construction process. We are happy to discuss any of these exclusions in more detail, and adjust this scope and fee estimate as necessary to fulfill the Town’s needs for this work. If the project scope should change following issuance of the agreement, SGM will notify the Town immediately of the change, and will request the Town’s approval of additional scope and fees (at the labor rates listed in the attachment) prior to proceeding with that work. Eagle River Water and Sanitation District has authorized (by email) the use of electronic files for boundary survey and utility locates related to Wildridge Tract J. parcel, and this proposal does not include any fees on behalf of the District or SGM related to creation of those files. ATTACHMENT B: Email Binder re Wildridge Siren www.sgm -inc.com Page 2 of 2 Please contact me at 970-384-9049 with any questions. Sincerely, Rob Ringle, PE SGM, INC. ATTACHMENT B: Email Binder re Wildridge Siren SGM, INC. - ENGINEERING SERVICES FEE ESTIMATE - Town of Avon, Wildridge Tract J Wildfire SirenDate: 11/25/2020Client: Town of AvonProject: Wildridge Tract J Wildfire SirenSGM #Project Manager: Rob Ringle, PETaskTASK DESCRIPTIONSENIOR DESIGNARCHITECTURAL LABOR TOTAL#ENGR I ENGR III GRAPHICS HOURS FEESB. Bair R. Ringle J. Proctor$153 $140 $131 1 Project ManagementCoordination with Town for location of improvements and design review. Internal coord.2.06.08.0 $1,146Task Subtotals 2.0 6.00.08.0 $1,1462 Detailed Design2.0 6.014.022.0 $2,980Task Subtotals 2.0 6.014.022.0 $2,980REIMBURSABLES$0TOTAL REIMBURSIBLES$0TOTAL ESTIMATED FEE$4,126Site plan for location of siren improvements. Architectural Renderings. N/ANotes:1. Assumes ERWSD / UERWA allows use of basemap boundary survey and utility locate files, without royalty.2. Documents developed under this scope are to be preliminary in nature, typical of requirements for land use permitting. Scope does not include construction-level detail.3. Scope does not include electrical or civil design related to construction of a new electrical service. 4. Scope does not assume any direct participation on behalf of SGM in permit review, public outreach, or public commment.5. Scope assumes no work extending beyond the Tract J site. 6. Scope does not include any desing for landscaping or other means of screening.7. Scope does not assume any in-person meetings or site visits.8. Scope does not assume production or delivery of any physical (paper) deliverables.ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Greg Daly Sent:Tuesday, December 15, 2020 2:03 PM To:Eric Heil; Paul Wisor Subject:FW: Wildridge - Track J Siren Attachments:TOA_TractJ_SGMFeeProp_20201125.pdf Greg Daly MSCr Chief of Police SWAT | FBINA 263 970.748.4049 gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: David McWilliams <cmcwilliams@avon.org> Sent: Monday, November 30, 2020 8:30 AM To: Greg Daly <gdaly@avon.org> Cc: Matt Pielsticker <mpielsticker@avon.org> Subject: FW: Wildridge ‐ Track J Siren Greg, The quote is $4,126 for the design work. ERWSD has allowed us to use their preliminary photo renderings from their tower, which probably saved some time and money. Best, David McWilliams, AICP Town Planner 970.748.4023 cmcwilliams@avon.org From: Rob Ringle <robr@sgm‐inc.com> Sent: Wednesday, November 25, 2020 4:21 PM To: David McWilliams <cmcwilliams@avon.org> ATTACHMENT B: Email Binder re Wildridge Siren 2 Cc: Justin Hildreth <jhildreth@avon.org> Subject: RE: Wildridge ‐ Track J Siren Hi David, Please see the attached scope and fee proposal for the work related to Tract J in Wildridge. Please feel free to give me a call to discuss further when it is convenient for you. I’ll be back in the office on Monday. Have a happy Thanksgiving! Rob Ringle, PE Design Engineer III From: David McWilliams <cmcwilliams@avon.org> Sent: Monday, November 23, 2020 12:57 PM To: Rob Ringle <robr@sgm‐inc.com> Cc: Justin Hildreth <jhildreth@avon.org> Subject: RE: Wildridge ‐ Track J Siren Yes, Rob, just some planning level documents. I believe the firm on the siren sheet will be doing design/ install. David McWilliams, AICP Town Planner 970.748.4023 cmcwilliams@avon.org From: Rob Ringle <robr@sgm‐inc.com> Sent: Monday, November 23, 2020 12:09 PM To: David McWilliams <cmcwilliams@avon.org> Cc: Justin Hildreth <jhildreth@avon.org> Subject: RE: Wildridge ‐ Track J Siren David, Thanks for reaching out. To clarify, are you only looking for a level of detail typical of a land use permitting set, or do you need a complete construction package that can be publicly bid and/or handed to a contractor? ATTACHMENT B: Email Binder re Wildridge Siren 3 I’ll reach out to the District to confirm that they are willing to release the electronic files for the site plan (boundary survey and utility locates). Thank you, Rob Ringle, PE Design Engineer III From: David McWilliams <cmcwilliams@avon.org> Sent: Monday, November 23, 2020 10:36 AM To: Rob Ringle <robr@sgm‐inc.com> Cc: Justin Hildreth <jhildreth@avon.org> Subject: Wildridge ‐ Track J Siren Hi Rob, I am wondering if you could put a bid together for a small project: We have a new siren proposed where you did design work for the ERWSD tower earlier this year. The work would be a photo simulation similar to the one conducted for that project, page attached. It will be mounted on a 10 foot pole on the site. I am not sure where the pole will exactly be on the site, or where the siren controller will be on the pole, but we can get more detail with an agreement for the work. Thanks, David McWilliams, AICP Town Planner 970.748.4023 cmcwilliams@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Paul Wisor <pwisor@garfieldhecht.com> Sent:Tuesday, December 15, 2020 3:53 PM To:Eric Heil; Greg Daly Subject:Wildridge Siren Eric and Greg, The Wildridge PUD sets forth permitted uses in various tracts. The O’Neal Spur Pocket Park and the old firehouse are located in Tract C and D, respectively. The PUD designates both Tracts C and D as “Park.” Note 3(c) of the PUD goes on to provides “Park tracts may be used for municipal and utility facilities.” As such, I believe the Town could place a siren in both of these areas. Let me know if you need anything else. Thanks, Paul Paul F. Wisor Garfield & Hecht, P.C. Aspen | Avon | Carbondale | Crested Butte | Denver | Glenwood Springs | Rifle 0070 Benchmark Road, Unit 104 PO Box 5450 Avon, Colorado 81620 970-300-4373(o) / 303-886-1301(c) NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (970-949-1496) and delete this message and all copies and backups thereof. Thank you. ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Greg Daly Sent:Wednesday, December 16, 2020 4:28 PM To:Gary Padilla; Eric Heil; Matt Pielsticker; David McWilliams Cc:Paul Wisor; Justin Hildreth Subject:RE: Sirens Understood. I will reach out to the siren installation company and get them up here as soon as possible to survey both sites. Electricity is the primary component. Greg Greg Daly MSCr Chief of Police SWAT | FBINA 263 970.748.4049 gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: Gary Padilla <GPadilla@avon.org> Sent: Wednesday, December 16, 2020 9:26 AM To: Eric Heil <eheil@avon.org>; Matt Pielsticker <mpielsticker@avon.org>; David McWilliams <cmcwilliams@avon.org>; Greg Daly <gdaly@avon.org> Cc: Paul Wisor <pwisor@garfieldhecht.com>; Justin Hildreth <jhildreth@avon.org> Subject: RE: Sirens Good morning all, There is power to the building at Oneal Spur Parkl Best, Gary From: Eric Heil <eheil@avon.org> Sent: Wednesday, December 16, 2020 9:02 AM To: Matt Pielsticker <mpielsticker@avon.org>; David McWilliams <cmcwilliams@avon.org>; Greg Daly <gdaly@avon.org> Cc: Gary Padilla <GPadilla@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Justin Hildreth <jhildreth@avon.org> Subject: Sirens I’m making an executive decision on the siren(s). I would like us to simply install one siren at the Old Fire Station property and one siren at O’Neil Spur Park. I understand from Paul it is an allowed use and I consider it to be basic public ATTACHMENT B: Email Binder re Wildridge Siren 2 safety and not a structure that requires any design review. I don’t want to spend money on engineers for applications or Staff time with applications any more. Gary or Justin, please confirm there is electricity available at O’Neil Spur Park. Greg, is that all that is needed – electricity? Or is there some kind of wireless something to trigger the alarm. Greg, we can address budget amendment to add a second alarm in 2021. We should have both sirens installed and operable for the Wildridge evacuation practice in Spring. Thanks, Eric Eric Heil Town Manager 970.748.4004 eric@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Greg Daly Sent:Thursday, January 7, 2021 4:24 PM To:Eric Heil; Paul Wisor Subject:FW: Avon CO Siren Attachments:Version 1_15V2T_Sentry Siren_Avon, CO.kmz; Version 1_15V2T_Sentry Siren_Avon, CO.pdf Greg Daly MSCr Chief of Police SWAT | FBINA 263 970.748.4049 gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: Greg Daly Sent: Monday, December 21, 2020 4:39 PM To: Justin Hildreth <jhildreth@avon.org> Subject: FW: Avon CO Siren Greg Daly MSCr Chief of Police SWAT | FBINA 263 970.748.4049 gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: Aaron Wolking ‐ Sentry Siren, Inc. <aaron.wolking@sentrysiren.com> Sent: Wednesday, November 18, 2020 10:14 AM To: David McWilliams <cmcwilliams@avon.org> ATTACHMENT B: Email Binder re Wildridge Siren 2 Cc: Greg Daly <gdaly@avon.org> Subject: RE: Avon CO Siren Hello David, Many thanks for reaching out. Please see the coverage map attached. I am sending the file both as a PDF and as a .KMZ (Google Earth). The maps show the area we would estimate the siren to cover. However, please do keep in mind that all of the sound propagation formulas / models are based on open field conditions over flat ground. Sound travels significantly further when going downhill. Therefore, I would expect this siren’s overall coverage area to be larger than what is shown on the map as the sound travels down the mountain side. That is what the siren we installed at Bachelor Gulch has done. As always, please me know how I can help further. Have a great day! Regards, Aaron Wolking National Sales Manager Sentry Siren, Inc. Office: 719‐372‐6012 ext. 1113 Mobile: 719‐371‐3838 Fax: 719‐372‐6621 e‐Mail: aaron.wolking@sentrysiren.com Website: www.sentrysiren.com This communication is for use by the intended recipient and contains information that may be privileged, confidential or copyrighted under law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e‐Mail, in whole or in part, is strictly prohibited. Please notify the sender by return e‐Mail and delete this e‐Mail from your system. Unless explicitly and conspicuously stated in the subject matter of the above e‐Mail, this e‐Mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e‐Mail does not constitute consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. From: David McWilliams <cmcwilliams@avon.org> Sent: Tuesday, November 17, 2020 12:00 PM To: aaron.wolking@sentrysiren.com Cc: Greg Daly <gdaly@avon.org> Subject: Avon CO Siren Aaron, Chief Daly asked me to reach out to you. I am a member of the planning staff here. We saw that your firm offers design services. Attached is a recent project at the same site as the siren is proposed. I would appreciate a similar photo rendering and elevation for this project. Please let me know if you have any additional questions. Sincerely, David McWilliams, AICP Town Planner 970.748.4023 cmcwilliams@avon.org ATTACHMENT B: Email Binder re Wildridge Siren Sentry Siren Coverage Study for Avon, CO - Version 1 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT B: Email Binder re Wildridge Siren Sentry Siren Coverage Study for Avon, CO - Version 1 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT B: Email Binder re Wildridge Siren Sentry Siren Coverage Study for Avon, CO - Version 1 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT B: Email Binder re Wildridge Siren Sentry Siren Coverage Study for Avon, CO - Version 2 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Matt Pielsticker Sent:Thursday, January 14, 2021 2:33 PM To:Eric Heil Cc:David McWilliams; Paul Wisor; Greg Daly; Justin Hildreth Subject:RE: Wildridge Siren Minor Development Application Thanks for this direction. I will provide Paul with draft package before close of business today so he can review before Community Development action is final. FYI – After speaking with the Siren company representative, I learned that the installation will be 45’ tall, with approximate 40’ of exposed utility pole and 5’ device on top. Matt From: Eric Heil <eheil@avon.org> Sent: Tuesday, January 12, 2021 9:49 AM To: Matt Pielsticker <mpielsticker@avon.org> Cc: David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Greg Daly <gdaly@avon.org>; Justin Hildreth <jhildreth@avon.org> Subject: Wildridge Siren Minor Development Application Matt, we had a conversation today to review the status of the Wildridge Siren and pole. Included in the conversation were you, Paul Wisor, Greg Daly and myself. I requested the meeting in light of receiving information that the Community Development Department had solicited a proposal from SGM engineering firm to prepare a preliminary site plan and photo rendering of a 10’ pole with an emergency siren mounted on the pole on Tract J. I believe that cost is unreasonable and that requirement as part of a minor development plan is unreasonable. Avon Development Code Section 7.16.020(b)(2) states, “The Director may waive submission requirements where appropriate to specific applications; . . .” I hereby direct Matt Pielsticker, as the Director of the Community Development Department, to waive any submission requirements for photo renderings of the Wildridge emergency siren, waive any additional reports or engineering studies and not incur any additional third party expenses in preparing and finalizing the minor development plan application for the Town’s file and further direct that the minor development plan shall be prepared by the Community Development Department and approved by Friday, January 15, 2021. Eric Eric Heil Town Manager 970.748.4004 eric@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:David McWilliams Sent:Friday, January 15, 2021 9:05 AM To:Eric Heil; Greg Daly Cc:Matt Pielsticker; Paul Wisor; Justin Hildreth Subject:RE: Wildridge Siren Minor Development Application Eric, That was my placeholder for getting a quote from them. I will make the approval under these terms once I am done with PZC materials. David McWilliams, AICP Town Planner 970.748.4023 cmcwilliams@avon.org From: Eric Heil <eheil@avon.org> Sent: Friday, January 15, 2021 8:13 AM To: Greg Daly <gdaly@avon.org> Cc: Matt Pielsticker <mpielsticker@avon.org>; David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Justin Hildreth <jhildreth@avon.org> Subject: RE: Wildridge Siren Minor Development Application 10’ pole was referenced in an email from David on Nov 23. See below. A total of 25’ above ground is fine, although it seems like it should not make much difference between 10’ and 25’ if it is mounted at the top of the hill and facing down at Wildridge. Eric ___________________________________ From: David McWilliams <cmcwilliams@avon.org> Sent: Monday, November 23, 2020 10:36 AM To: Rob Ringle <robr@sgm‐inc.com> Cc: Justin Hildreth <jhildreth@avon.org> Subject: Wildridge ‐ Track J Siren Hi Rob, I am wondering if you could put a bid together for a small project: We have a new siren proposed where you did design work for the ERWSD tower earlier this year. The work would be a photo simulation similar to the one conducted for that project, page attached. It will be mounted on a 10 foot pole on the site. I am not sure where the pole will exactly be on the site, or where the siren controller will be on the pole, but we can get more detail with an agreement for the work. Thanks, ATTACHMENT B: Email Binder re Wildridge Siren 2 David McWilliams, AICP Town Planner 970.748.4023 cmcwilliams@avon.org __________________________________ From: Greg Daly <gdaly@avon.org> Sent: Thursday, January 14, 2021 6:07 PM To: Eric Heil <eheil@avon.org> Cc: Matt Pielsticker <mpielsticker@avon.org>; David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Justin Hildreth <jhildreth@avon.org> Subject: Re: Wildridge Siren Minor Development Application Not sure where the 10 feet came from. It was our understanding from the beginning that they have to mount the siren on a utility pole. With that said, I just spoke with Aaron from Sentry Siren. He stated the following; That there is about 6‐6.5 feet in the ground. He believes that above ground can be 25 feet without significant deterioration in performance especially given it is up at that height in Wildridge with sound traveling better downhill. Therefore the pole would be 20 feet with the siren itself accounting for the additional top 5 feet for a total above ground of 25 feet. The only factor is an OSHA requirement that there cannot be more than 123db hitting the ground from the siren. He is going to speak with his colleagues to see if that height would work with the DB requirement. Would a total of 25 feet above ground be acceptable given that the radio tower is also 25feet‐ if the DB issue is good? Greg Daly MSCr. | Chief of Police SWAT | FBINA 263 970.748.4049(D)|970.845.7098(F)|970.748.4040(O) gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e‐ mail. Please notify the sender immediately if you have received this e‐mail by mistake and delete this e‐mail from your system. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. ATTACHMENT B: Email Binder re Wildridge Siren 3 On Jan 14, 2021, at 3:13 PM, Eric Heil <eheil@avon.org> wrote: That is new info and different proposal. Eric Heil Avon Town Manager 970.748.4004 On Jan 14, 2021, at 3:12 PM, Matt Pielsticker <mpielsticker@avon.org> wrote: For reference, the recently installed ERWSD tower is 25’. 45’ seems excessive From: Eric Heil <eheil@avon.org> Sent: Thursday, January 14, 2021 3:05 PM To: Matt Pielsticker <mpielsticker@avon.org> Cc: David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Greg Daly <gdaly@avon.org>; Justin Hildreth <jhildreth@avon.org> Subject: Re: Wildridge Siren Minor Development Application Really? 40’ tall! Last info was 10’ tall. Eric Heil Avon Town Manager 970.748.4004 On Jan 14, 2021, at 2:33 PM, Matt Pielsticker <mpielsticker@avon.org> wrote: Thanks for this direction. I will provide Paul with draft package before close of business today so he can review before Community Development action is final. FYI – After speaking with the Siren company representative, I learned that the installation will be 45’ tall, with approximate 40’ of exposed utility pole and 5’ device on top. Matt From: Eric Heil <eheil@avon.org> Sent: Tuesday, January 12, 2021 9:49 AM To: Matt Pielsticker <mpielsticker@avon.org> Cc: David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Greg Daly <gdaly@avon.org>; Justin Hildreth <jhildreth@avon.org> Subject: Wildridge Siren Minor Development Application ATTACHMENT B: Email Binder re Wildridge Siren 4 Matt, we had a conversation today to review the status of the Wildridge Siren and pole. Included in the conversation were you, Paul Wisor, Greg Daly and myself. I requested the meeting in light of receiving information that the Community Development Department had solicited a proposal from SGM engineering firm to prepare a preliminary site plan and photo rendering of a 10’ pole with an emergency siren mounted on the pole on Tract J. I believe that cost is unreasonable and that requirement as part of a minor development plan is unreasonable. Avon Development Code Section 7.16.020(b)(2) states, “The Director may waive submission requirements where appropriate to specific applications; . . .” I hereby direct Matt Pielsticker, as the Director of the Community Development Department, to waive any submission requirements for photo renderings of the Wildridge emergency siren, waive any additional reports or engineering studies and not incur any additional third party expenses in preparing and finalizing the minor development plan application for the Town’s file and further direct that the minor development plan shall be prepared by the Community Development Department and approved by Friday, January 15, 2021. Eric Eric Heil Town Manager 970.748.4004 eric@avon.org <image001.jpg> ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Justin Hildreth Sent:Tuesday, January 19, 2021 7:46 AM To:Eric Heil; Matt Pielsticker Cc:David McWilliams; Paul Wisor; Greg Daly Subject:RE: Wildridge Siren Minor Development Application Eric, We are working on it now. Currently, we are trying to determine if any electrical upgrades are required. I will keep you in the loop on our progress. Justin From: Eric Heil <eheil@avon.org> Sent: Tuesday, January 19, 2021 7:39 AM To: Matt Pielsticker <mpielsticker@avon.org> Cc: David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Justin Hildreth <jhildreth@avon.org>; Greg Daly <gdaly@avon.org> Subject: RE: Wildridge Siren Minor Development Application Thank you Matt. Justin, please coordinate with Greg on whatever is needed for installation in the spring. It appears the siren company will do the install. Please let me when installation is planned to start and when it is completed. Eric Eric Heil Town Manager 970.748.4004 eric@avon.org From: Matt Pielsticker <mpielsticker@avon.org> Sent: Friday, January 15, 2021 1:14 PM To: Eric Heil <eheil@avon.org> Cc: David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Justin Hildreth <jhildreth@avon.org>; Greg Daly <gdaly@avon.org> Subject: RE: Wildridge Siren Minor Development Application Eric Please find attached approval for “up to” 25’ installation. If you see anything out of order please let me know and this file can be amended. Thanks Matt Pielsticker, AICP Planning Director 970.748-4413 mpielsticker@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 2 From: Eric Heil <eheil@avon.org> Sent: Friday, January 15, 2021 8:13 AM To: Greg Daly <gdaly@avon.org> Cc: Matt Pielsticker <mpielsticker@avon.org>; David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Justin Hildreth <jhildreth@avon.org> Subject: RE: Wildridge Siren Minor Development Application 10’ pole was referenced in an email from David on Nov 23. See below. A total of 25’ above ground is fine, although it seems like it should not make much difference between 10’ and 25’ if it is mounted at the top of the hill and facing down at Wildridge. Eric ___________________________________ From: David McWilliams <cmcwilliams@avon.org> Sent: Monday, November 23, 2020 10:36 AM To: Rob Ringle <robr@sgm‐inc.com> Cc: Justin Hildreth <jhildreth@avon.org> Subject: Wildridge ‐ Track J Siren Hi Rob, I am wondering if you could put a bid together for a small project: We have a new siren proposed where you did design work for the ERWSD tower earlier this year. The work would be a photo simulation similar to the one conducted for that project, page attached. It will be mounted on a 10 foot pole on the site. I am not sure where the pole will exactly be on the site, or where the siren controller will be on the pole, but we can get more detail with an agreement for the work. Thanks, David McWilliams, AICP Town Planner 970.748.4023 cmcwilliams@avon.org __________________________________ From: Greg Daly <gdaly@avon.org> Sent: Thursday, January 14, 2021 6:07 PM To: Eric Heil <eheil@avon.org> Cc: Matt Pielsticker <mpielsticker@avon.org>; David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Justin Hildreth <jhildreth@avon.org> Subject: Re: Wildridge Siren Minor Development Application Not sure where the 10 feet came from. It was our understanding from the beginning that they have to mount the siren on a utility pole. ATTACHMENT B: Email Binder re Wildridge Siren 3 With that said, I just spoke with Aaron from Sentry Siren. He stated the following; That there is about 6‐6.5 feet in the ground. He believes that above ground can be 25 feet without significant deterioration in performance especially given it is up at that height in Wildridge with sound traveling better downhill. Therefore the pole would be 20 feet with the siren itself accounting for the additional top 5 feet for a total above ground of 25 feet. The only factor is an OSHA requirement that there cannot be more than 123db hitting the ground from the siren. He is going to speak with his colleagues to see if that height would work with the DB requirement. Would a total of 25 feet above ground be acceptable given that the radio tower is also 25feet‐ if the DB issue is good? Greg Daly MSCr. | Chief of Police SWAT | FBINA 263 970.748.4049(D)|970.845.7098(F)|970.748.4040(O) gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e‐ mail. Please notify the sender immediately if you have received this e‐mail by mistake and delete this e‐mail from your system. On Jan 14, 2021, at 3:13 PM, Eric Heil <eheil@avon.org> wrote: That is new info and different proposal. Eric Heil Avon Town Manager 970.748.4004 On Jan 14, 2021, at 3:12 PM, Matt Pielsticker <mpielsticker@avon.org> wrote: For reference, the recently installed ERWSD tower is 25’. 45’ seems excessive From: Eric Heil <eheil@avon.org> Sent: Thursday, January 14, 2021 3:05 PM To: Matt Pielsticker <mpielsticker@avon.org> Cc: David McWilliams <cmcwilliams@avon.org>; Paul Wisor The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. ATTACHMENT B: Email Binder re Wildridge Siren 4 <pwisor@garfieldhecht.com>; Greg Daly <gdaly@avon.org>; Justin Hildreth <jhildreth@avon.org> Subject: Re: Wildridge Siren Minor Development Application Really? 40’ tall! Last info was 10’ tall. Eric Heil Avon Town Manager 970.748.4004 On Jan 14, 2021, at 2:33 PM, Matt Pielsticker <mpielsticker@avon.org> wrote: Thanks for this direction. I will provide Paul with draft package before close of business today so he can review before Community Development action is final. FYI – After speaking with the Siren company representative, I learned that the installation will be 45’ tall, with approximate 40’ of exposed utility pole and 5’ device on top. Matt From: Eric Heil <eheil@avon.org> Sent: Tuesday, January 12, 2021 9:49 AM To: Matt Pielsticker <mpielsticker@avon.org> Cc: David McWilliams <cmcwilliams@avon.org>; Paul Wisor <pwisor@garfieldhecht.com>; Greg Daly <gdaly@avon.org>; Justin Hildreth <jhildreth@avon.org> Subject: Wildridge Siren Minor Development Application Matt, we had a conversation today to review the status of the Wildridge Siren and pole. Included in the conversation were you, Paul Wisor, Greg Daly and myself. I requested the meeting in light of receiving information that the Community Development Department had solicited a proposal from SGM engineering firm to prepare a preliminary site plan and photo rendering of a 10’ pole with an emergency siren mounted on the pole on Tract J. I believe that cost is unreasonable and that requirement as part of a minor development plan is unreasonable. Avon Development Code Section 7.16.020(b)(2) states, “The Director may waive submission requirements where appropriate to specific applications; . . .” I hereby direct Matt Pielsticker, as the Director of the Community Development Department, to waive any submission requirements for photo renderings of the Wildridge emergency siren, waive any additional reports or engineering studies and not incur any additional ATTACHMENT B: Email Binder re Wildridge Siren 5 third party expenses in preparing and finalizing the minor development plan application for the Town’s file and further direct that the minor development plan shall be prepared by the Community Development Department and approved by Friday, January 15, 2021. Eric Eric Heil Town Manager 970.748.4004 eric@avon.org <image001.jpg> ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Justin Hildreth Sent:Friday, January 29, 2021 2:42 PM To:Eric Heil; Greg Daly Subject:Siren Eric and Greg, We have looked into the electrical demands for the Siren and it looks like we will need to upgrade the current panel for about $1,000. We are just barely within the limits of the existing service to the tank. If we run into electrical issues we may have to upgrade it. That will be a significant cost, somewhere in the low 5 figures. Justin Justin Hildreth Town Engineer 970.748.4045 Office JHildreth@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Greg Daly Sent:Friday, January 29, 2021 3:21 PM To:Eric Heil; Justin Hildreth Subject:RE: Siren No we haven’t ordered it yet. Was waiting on John Clements to ascertain whether the existing power up in the building beside the water tank could provide 100 amp to the siren. If it cannot get that from the existing source, then we would have to discuss getting a new dedicated power supply from the roadway up to the site. Justin through john C. will have to verify if it can be done or option B will have to be discussed. Greg Daly MSCr Chief of Police SWAT | FBINA 263 970.748.4049 gdaly@avon.org www.avonpolice.org www.facebook.com/AvonPolice This message may contain confidential and/or legally privileged information and is intended only for the individual(s) named. If you are not an intended recipient you are not authorized to disseminate, distribute or copy this e-mail. Please notify the sender immediately if you have received this e-mail by mistake and delete this e-mail from your system. From: Eric Heil <eheil@avon.org> Sent: Friday, January 29, 2021 2:44 PM To: Justin Hildreth <jhildreth@avon.org> Cc: Greg Daly <gdaly@avon.org> Subject: Re: Siren Can we figure that out before we order the siren (or did we already?) Eric Heil Avon Town Manager 970.748.4004 On Jan 29, 2021, at 2:41 PM, Justin Hildreth <jhildreth@avon.org> wrote: Eric and Greg, We have looked into the electrical demands for the Siren and it looks like we will need to upgrade the current panel for about $1,000. We are just barely within the limits of the existing service to the tank. If we run into electrical issues we may have to upgrade it. That will be a significant cost, somewhere in the low 5 figures. Justin ATTACHMENT B: Email Binder re Wildridge Siren 2 Justin Hildreth Town Engineer 970.748.4045 Office JHildreth@avon.org <image001.jpg> ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Justin Hildreth Sent:Wednesday, February 3, 2021 2:46 PM To:Eric Heil Cc:Greg Daly Subject:FW: Avon siren Eric, It looks like we are good to go with the Siren, I will get them under contract and move forward with the project. Justin From: John Clements <jclements@avon.org> Sent: Wednesday, February 03, 2021 2:21 PM To: Justin Hildreth <jhildreth@avon.org>; Greg Daly <gdaly@avon.org> Cc: Aaron Wolking (aaron.wolking@sentrysiren.com) <aaron.wolking@sentrysiren.com>; 'Chris Mundy' <mipmundy@gmail.com> Subject: Avon siren Justin, After going over the material for the upgraded panel at the top of the hill, we are pretty confident the service is adequate for this additional load. Robb Hamana our distributor for CED looked at this with me. He is the same person that helped design the Old Town Hall MDC. Feel free to contact me with any questions. Thank you John Clements Town Electrician 970.748.4121 jclements@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Justin Hildreth Sent:Friday, March 26, 2021 12:11 PM To:Scott Wright; Amy Greer Cc:Eric Heil Subject:RE: Wildridge Siren Yes, we purchase the equipment up front and pay for installation after completion. From: Scott Wright <SWright@avon.org> Sent: Friday, March 26, 2021 12:10 PM To: Justin Hildreth <jhildreth@avon.org>; Amy Greer <agreer@avon.org> Cc: Eric Heil <eheil@avon.org> Subject: RE: Wildridge Siren Justin, is this a purchase of equipment and then an installation job? Scott C. Wright, CPA, CPFO Asst. Town Manager / Finance Director (970) 748-4055 (d) (970) 390-6054 (c) swright@avon.org From: Justin Hildreth <jhildreth@avon.org> Sent: Friday, March 26, 2021 11:11 AM To: Amy Greer <agreer@avon.org> Cc: Scott Wright <SWright@avon.org>; Eric Heil <eheil@avon.org> Subject: Wildridge Siren Amy, Can you set up a CIP project for the Wildridge Siren? The project budget will be $26,000. Please activate code 63405. Scott, we will need to add this to the next CIP budget amendment. Thanks Justin Hildreth Town Engineer 970.748.4045 Office 970366.8912 Cell JHildreth@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 1 Eric Heil From:Justin Hildreth Sent:Wednesday, May 19, 2021 4:04 PM To:Eric Heil Cc:Greg Daly Subject:Wildridge Siren Eric, The Wildridge wildfire siren is scheduled to be installed on Tuesday in time for Wednesday’s evacuation test. We are having issues providing power to the siren. The ERWSD does not want to share the current electrical service to the site which will require the installation of a new Town service connection. In order to get through our immediate power demands for next week, we are going to rent a generator. The generator will cost $863/week. The District will cost share on running new power to the site and the new services. Tyrone’s radio station on the site will also have to participate in installing the new services. I don’t have a cost for the new service but expect it to be in the low 5 digits. Also, Greg said a DTR receiver is required that allows dispatch to communicate with the siren and will cost $1,200. I wish I had better news, Justin Justin Hildreth Town Engineer 970.748.4045 Office 970366.8912 Cell JHildreth@avon.org ATTACHMENT B: Email Binder re Wildridge Siren 970-376-2876 epd@piercedurancelaw.com TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Pierce-Durance, Prosecutor RE: Ordinance 21-08, Adoption of the 2020 Model Traffic Code DATE: June 1, 2021 SUMMARY: Ordinance 21-08 adopts the 2020 Model Traffic code (“MTC”) by reference. Currently the Avon Municipal Code incorporates by reference the 2010 Model Traffic Code, which is not the most recent version. The Avon Police Department, the Town Prosecutor, and the Avon Municipal Court desire adoption of the 2020 Model Traffic Code. On August 14, 2018, the Town adopted Ordinance 18-16, implementing C.R.S. § 42-4-1412(5) regarding the regulation of bicycles approaching roadway intersections. Adoption of the 2020 MTC will not alter or affect this ordinance. On May 25, 2021, the Town adopted Ordinance 21-07, adding a new Chapter 10.40 to the Avon Municipal Code regulating the use of Of f-Highway Vehicles in Avon. Adoption of the 2020 MTC will not alter or affect this ordinance. CHANGES AND AMENDMENTS: Ordinance 21-08 repeals, reorders, replaces, and updates Avon Municipal Code sections 10.04.010, 10.04.040, and 10.04.060 through 10.04.180. Many changes are simply to update cross-references to the MTC. Consideration was given to issues recognized by other municipalities. The Co lorado Depart ment of Transportation did not provide a Wor d ver sion of the 2010 Model Traffic Code marked up to show changes from the 2010 MTC. Those changes are noted instead in Appendix 1, provided with this Memorandum. Specific changes to the Avon Municipal Code are described as follows: MTC Sec. 107.5 – Obedience to members of the fire department. This enactment continues existing Town policy, as recommended by Avon Police. The language is moved from MTC Section 111 to Section 107.5 because the 2020 MTC has filled in the previously blank Section 111. The fire department obedience language follows a similar provision requiring obedience to police off icers. MTC Sec. 706(1) – Obedience to railroad signal. This amendment continues existing policy. MTC Sec. 712(3) – Driving in highway work area. This enactment reinstalls 2010 MTC language, which language was deleted from the 2020 MTC, permitting highway flaggers to work within any highway maintenance or construction work area . This continuation of existing policy is recommended by Avo n Police. MTC Sec. 1214 – Parking on private property. This enactment auth orizes signage regarding booting and towing on private property within the Town of Avon, which signage is required by Section 5.12.100(4) of the Avon Municipal Code. This language continues existing policy. MTC Sec. 1417 – School zones. This enactment doubles fines for traffic violations occurring within school zones, now designated “School Safety Sensitive Zones,” continuing exist ing policy. MTC Sec. 1418 – Residential areas. This enactment doubles fines for traffic violations occurring in designated residential areas, now designated “Residential Area Safet y Sensitive Zones,” continuing existing policy except that the designated areas are increased to include the Wildwood Subdivision, and parts of Swift Gulch Road, East Beaver Creek Blvd, Post Blvd, and Nottingham Road. These additional areas are based on Avon Police recommendation. MTC Sec. 1419 – Dri ving on public park. This en actment continues existing policy. MTC Sec 1701, 1705, and 1707 – These penalty sections are inapplicable to municipalities 1 and are deleted in full. Penalties for municipal violations are instead set out in Avon Municipal Code Section 10.04.040 as amended. The amendments eliminate the classification of violations into A or B, a nd set out two categories of violation only, i.e. traffic offense and traffic infraction. Only traffic offenses constitute misdemeanors and are eligible for jury trials and jail sentences. Traffic infractions are punishable by fines only, which fines shall be scheduled by the Municipal Court. MTC Sec. 1709(5.5) and (6) – Penalty assessment notice. This enactment continues existing policy. MTC Sec. 1801 – Authority to impound vehicles. This amendment continues existing policy. MTC Sec. 1903(6)(c) – School buses. This enactment continues ex ist ing policy. PROCEDURE FOR ADOPTION BY REFERENCE OF A MODEL CODE: Pursuant to the Avon Charter Section 6.9 and C.R.S. § 31-16-201 et seq., the Town may enact an ordinance which adopts a state code by reference. In addition to regular notice requirements, publication of the ordinance shall contain a summary of the subject matter of the ordinance, the penalty c lause and a notice to the public that copies of the proposed ordinance a nd proposed code are available at the office of the Town C lerk. Avon Charter, §6.5(g). Copies of the MTC are being provided to the Avon Town Council members electronically prior to t he meeting to avoid the requirement to read the entire code at the Council meeting. C.R.S. § 31-16-203 and § 31-16-107. The penalties must be writt en out in full and published in the adopting ordinance. C.R.S. § 31-16-204. After passage of the adopting ordinance, it must be posted in accordance with the Town Charter §§ 6.7 and 6.9 . Once adopted by the Town Council, the off icer who will be enforcing t he ordinance may keep a copy of the MTC in his or her office instead of the Town Clerk’s office and this custodian must keep a reasonable supply of the code for purchase. C.R .S. § 31-16-206. FINANCIAL CONSIDERATIONS: Adoption of the 2020 MTC will have no identifiable financial impact. RECOMMENDATION: I recommend adoption of first reading of Ordinance 21-08 Adoption of the 2020 Model Traffic Code. PROPOSED MOTION: “I move to approve on First Reading Ordinance 21-08, adopting the 2020 Model Traffic Code by reference for use within the Town of Avon.” ATTACHMENT A: Ordinance 21-08 ATTACHMENT B: Appendix I: A listing of 2020 MTC changes to 2010 MTC Thank you, Elizabeth 1 See Section 42-4-110(2), Colorado Revised Statutes. Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 1 of 13 ORDINANCE NO. 21-08 ADOPTING THE 2020 MODEL TRAFFIC CODE BY REFERENCE AND REPEALING AND REENACTING SECTIONS OF TITLE 10 OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town, the Avon Town Council (“Council ”) has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Council finds that the adoption of the 2020 Model Traffic Code will improve the standards for road safety and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, pursuant to Avon Town Charter §6.9 and Title 31, Article 16, Parts 1 and 2, Colorado Revised Statutes, the Council may adopt by reference any statute, rule, regulation, model code, or standard that is promulgated by the federal government, the State of Colorado, an agency of either the federal government or the State, or another municipality; and WHEREAS, Section 110 of the 2020 Model Traffic Code states that Council may enact, adopt and enforce traffic regulations which address the same subject matter as the various sections of the Model Traffic Code, state law or additional regulations included in C.R.S. §42-4- 111; and WHEREAS, the Council desires to adopt by reference the 20 20 Model Traffic Code for Colorado, also referred to as Model Traffic Code or 2020 Model Traffic Code, with certain amendments as described in this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Council, or any member of the Council, supports, approves, rejects, or denies this ordinance; ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 2 of 13 WHEREAS, the Council conducted a public hearing on June 8 , 2021, after properly posting notice of such hearing, and considered all public comments and other information presented prior to taking any final action to adopt this ordinance. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Council. Section 2. 2010 Edition of Model Traffic Code Repealed. The 2010 edition of the Model Traffic Code is hereby repealed. Section 3. 2020 Edition of Model Traffic Code Adopted by Reference. The 2020 edition of the Model Traffic Code is hereby adopted by reference. All amendments to the Model Traffic Code as set forth in Article III Amendments of Chapter 10.04 are hereby readopted as amendments to the 2020 Model Traffic Code except as provided in this Ordinance. Section 4. Repealed and Reenacted. Avon Municipal Code Section 10.04.010(a) is hereby repealed and reenacted in its entirety to read as follows: “10.04.010 Adoption--Copies on File. (a) Pursuant to § 6.9 of Chapter 6 of the Town Charter and C.R.S. Title 31, Article 16, Parts 1 and 2, as amended, there is adopted by reference Articles I and II, inclusive, and with deletions and additions noted below the 2020 edition of the Model Traffic Code for Colorado Municipalities, promulgated by and published as such by the Colorado Department of Transportation, 4201 East Arkansas Ave., Denver, CO 80222, which shall be referred to as the Model Traffic Code or MTC in this Chapter 10.04. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of the Ordinance codified in this chapter and the code adopted herein is to provide a system of traffic regulations consistent with state law generally conforming to similar regulations throughout the state and nation. Any conflict between the MTC and local regulation shall be resolved in favor of the local regulation as may be permitted by law.” Section 5. Amended. Avon Municipal Code Section 10.04.040 is hereby repealed and reenacted in its entirety to read as follows: “10.04.040 – Violation – penalties. The following penalties shall apply to this Title: ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 3 of 13 (1) It is unlawful for any person to violate any provision adopted in this Title. (2) Any person violating any provision of this Title may be found guilty of committing a traffic offense or traffic infraction and sentenced by the Municipal Court as set out below. (a) Traffic offenses shall be punished in accordance with the provisions of Section 1.08.010 of this Code, including the possibility of jail. Such offenses shall be deemed misdemeanors and may be tried by a jury. Traffic offenses are the following: traffic violations resulting in an accident causing personal injury, death, or appreciable damage to the property of another; reckless driving; driving 25 mph or more over the speed limit; exhibition of speed or speed contest; eluding or attempting to elude a police officer; disobeying a police officer or fire department member; driving without insurance; failure to stop for school bus with flashing lights; school bus failing to use flashing lights; and use of altered or fictious driving license. (b) Traffic infractions shall be punished by a fine only. Any violation of this Title other than a traffic offense shall constitute a traffic infraction. The Municipal Court shall order a schedule of fines for traffic infractions consistent with this Title. The Municipal Court is further authorized to order individualized fines consistent with this Title for any unscheduled traffic infraction. (c) References in the 2020 Model Traffic Code purporting to penalize traffic offenses and traffic infractions on the basis of different classes are hereby repealed. There shall be a single class of traffic offense and a single class of traffic infraction. (3) Penalties for violations for which points may not be assessed pursuant to Section 42- 2-127, C.R.S., shall be not less than $40.00. Penalties for violations for which points may be assessed pursuant to Section 42-2-127, C.R.S., shall be as follows: (a) Three or fewer points – not less than $50.00 (b) Four or five points – not less than $100.00 (c) More than five points – not less than $150.00 (4) References in the 2020 Model Traffic Code purporting to characterize traffic violations as misdemeanor or petty offenses are hereby repealed. Misdemeanor characterizations shall be governed solely by AMC 10.04.040(2)(a). (5) The Municipal Court reserves the authority to order a schedule of fines in accordance with Colorado Municipal Court Rules of Procedure Rule 210(b)(5), provided that such schedule of fines is not inconsistent with any specific fine set forth in Chapter 10.06. (6) All fines for violations of this Title shall be paid to the Town, unless otherwise specified in this Code. ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 4 of 13 Section 6. Repealed. Avon Municipal Code Sections 10.04.060, 10.04.070, 10.04.080, 10.04.090, 10.04.100, 10.04.110, 10.04.120, 10.04.130, 10.04.140, 10.04.150, 10.04.160, 10.04.170, and 10.04.180 are hereby repealed in their entirety. Section 7. Enacted. Avon Municipal Code Sections 10.04.060 through 10.04.170 are hereby enacted to read as follows: “10.04.060 MTC Section 107.5 enacted – obedience to members of fire department. Section 107.5 of the Model Traffic Code is hereby enacted to read as follows: "Section 107.5. Obedience to members of the fire department. Members of the fire department, when at the scene of a fire, accident or matter involving the use of firefighting equipment, may direct, or assist the police in directing, traffic in the immediate vicinity. No person shall willfully fail or refuse to obey a lawful order or direction of a member of the fire department so acting." 10.04.070 - Section 706(1) amended – obedience to railroad signal. Section 706(1) of the Model Traffic Code is amended in its entirety to read as follows: "706. Obedience to Railroad Signal. (1) Whenever any person driving a motor vehicle approaches a railroad grade crossing under any circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall not proceed until he can do so safely. Such requirements shall apply when: (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; (b) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train; (c) A railroad train approaching within approximately fifteen hundred feet of the highway crossing emits a signal audible from such distance, and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or (d) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing." 10.04.080 - MTC Section 712(3) amended – Driving in highway work area. Section 712(3) of the Model Traffic Code is amended in its entirety to read as follows: “Section 712. Driving in highway work area. ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 5 of 13 (3) Local road authorities, within their respecti ve jurisdicti ons and in cooperati on with law enforcement agencies, may train and appoint adult civilian personnel for special traffic duty as highway flaggers within any highway maintenance or constructi on work area. Whenever such duly authorized flaggers are wearing the badge, insignia, or uniform of their office, are engaged in the performance of their respective dues, and are displaying any official hand signal device of a type and in the manner prescribed in the adopted state traffic control manual or supplement thereto for signaling traffic in such areas to stop or to proceed, no person shall willfully fail or refuse to obey the visible instructions or signals so displayed by such flaggers. Any alleged willful failure or refusal of a driver to comply with such instructions or signals, including informati on as to the identity of the driver and the license plate number of the vehicle alleged to have been so driven in violati on, shall be reported by the work area supervisor in charge at the locati on to the district attorney for appropriate penalizing acti on in a court of competent jurisdicti on. Any person who violates any provision of this section commits a traffic infracti on.” 10.04.090 - MTC Section 1214 enacted – Parking on private property. Section 1214 of the Model Traffic Code is hereby enacted to read as follows: “1214. Unlawful parking on private parking lots or private property. It shall be unlawful for any person to park or cause to be parked any vehicle upon any private parking lot or any other private property within the Town of Avon, without the consent of the owner thereof or the tenant or person in possession or control of said private parking lot or private property. (a) Posting of Sign. Any, owner, tenant or person in possession or control of a private parking lot or private property wishing to avail himself of the provision of this section shall post at each and every entrance to a private parking lot or private property a sign containing essentially the following words: Private Parking Lot Parking is reserved for persons having permission of the owner and any other person may be subject to the penalties imposed by Ordinance No. 21- 08. Violating vehicles may be impounded. All signs must be approved by the Chief of Police, who shall have the authority to determine size, shape and lettering of such signs. The Chief of Police may approve signs which combine the requirements of this section with the requirements of Section 5.12.100 (4) concerning the booting or towing of unauthorized vehicles. (b) Signing of Complaints. No complaint shall be issued for any violation of this section unless the same is signed by the owner, tenant or person in possession or control of the private parking lot or private property within or upon which a violation of this section may have occurred or the agent of such person or entity." 10.04.110 - MTC Section 1417 enacted—School Safety Sensitive Zones – increase of penalties for moving traffic violations. ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 6 of 13 Section 1417 of the Model Traffic Code is hereby enacted to read as follows: “1417. School zones – increase of penalties for moving traffic violations. (1) Any person who commits a moving traffic violation in a school zone is subject to double penalties and surcharges. (2) For purposes of this section, ‘school zone’ means an area that is designated as a school zone and has appropriate signs posted indicating that the penalties and surcharges will be doubled. The state or local government having jurisdiction over the placement of traffic signs and traffic control devices in the school zone area shall designate when the area will be deemed a school zone for the purposes of this section. In making such designation, the state or local government shall consider when increased penalties are necessary to protect the safety of school children. Such zones shall be designated Safety Sensitive.” 10.04.120 - MTC Section 1418 enacted— Residential Area Safety Sensitive Zones – increase of penalties for moving traffic violations. Section 1418 of the Model Traffic Code is hereby enacted to read as follows: “1418. Residential Area Safety Sensitive Zones – increase of penalties for moving traffic violations. (1) Any person who commits a moving traffic violation in a Residential Area Safety Sensitive Zone area as defined herein is subject to double penalties and surcharges. (2) For purposes of this section, the following are designated ‘residential area safe ty sensitive zones’ and will be marked with appropriate signage: Wildridge Subdivision; Wildwood Subdivision; on Hurd Lane east of Avon Road; on Stonebridge Drive; on Eaglebend Drive; on West Beaver Creek Boulevard, from Highway 6 to Lake Street; on Swift Gulch Road, from the 800 block to the 1270 block; on East Beaver Creek Blvd, from Post Blvd to the 4000 block; and on Nottingham Road, from Buck Creek Rd to the 730 block.” 10.04.130 - MTC Section 1419 enacted – Driving on Public Park. Section 1419 of the Model Traffic Code is hereby enacted to read as follows: “1419. Driving on public park. No person shall drive or cause to be driven any vehicle on any portion of a public park or other public property other than established roadways specifically provided for public driving, unless specifically authorized so to do by a traffic control officer.” 10.04.140 - MTC Sections 1701, 1705, and 1707 deleted ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 7 of 13 Sections 1701, 1705, and 1707 of the Model Traffic Code are inapplicable to municipalities and are each hereby deleted in its entirety. 10.04.150 - MTC Section 1709 Amended – Penalty assessment notice for traffic offenses. Section 1709 of the Model Traffic Code is amended by enactment of the following language: "(5.5). If a person receives a penalty assessment notice for a violation under Section 1709 and such person pays the fine and surcharge for the violation on or before the 20th day following the date of citation, the points assessed for the violation are reduced as follows: (a) For a violation having an assessment of three (3) or more points under Section 42-2-127, C.R.S., the points are reduced by two (2) points; (b) For a violation having the assessment of two (2) points under Section 42-2-127, C.R.S., the points are reduced by one (1) point. (6). Whenever the Town of Avon reduces a traffic offense the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under Section 42-2-127(5), C.R.S." 10.04.160 - MTC Section 1801 Amended – Authority to impound vehicles. Section 1801 of the Model Traffic Code is hereby amended to read in its entirety as follows: “Section 1801. Authority to Impound Vehicles. (a) Whenever any police officer finds a vehicle, attended or unattended, standing upon any portion of a street or highway right-of-way within this municipality in such a manner as to constitute a violation of sections 1202 and 1204 of this Code, or left unattended, for a period of 24 hours or more and presumed to be abandoned under the conditions prescribed by 42-4-1802 et seq., C.R.S., such officer shall require such vehicle to be removed or cause the same to be removed and placed in storage at the nearest garage or other place of safety designated or maintained by this municipality. (b) In the event of abandonment of a vehicle on property within this municipality other than public rights-of-way the owner of such property shall notify the police department and said police, after a period of 72 hours, shall cause the abandoned vehicle to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by the municipality. (c) Whenever any police officer finds a vehicle parked on any street or at any place within this municipality in violation of any provision of this code or in violation of a provision contained on any official sign, such officer may require such vehicle to be removed or cause the same to be removed and placed in storage. ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 8 of 13 (d) A vehicle illegally parked on private property shall not be impounded pursuant to Section 1801(c) hereof unless a complaint for said violation is signed by the owner, lessee, tenant, or authorized agent who is legally in possession or control of said property. (e) In the event a vehicle is impounded pursuant to subsection (a), (b) or (c) of Section 1801 hereof, the owner or driver of the vehicle shall pay as a fine a reasonable amount for said removal or removal and storage in addition to the penalty imposed for illegal parking or any other violation of any of the provisions hereof. (f) Whenever the police officer or any other employee of the Town of Avon so authorized removes the vehicle and causes it to be impounded as authorized by law, and the officer or other employee knows or is able to ascertain from the registration, or other records in the vehicle or otherwise, the name of the owner and address of the owner, the officer or employee shall immediately give or cause to be given notice in writing to the owner of the fact of the removal, the reason for it and the place to which the vehicle has been removed. (g) Whenever an officer or employee of the Town removes a vehicle from a public way or from public or private property and does not know or is not able to ascertain the name of the owner thereof, or for any other reason is unable to give the notice to the owner as provided in Section 1801(f), and in the event the vehicle is not returned to the owner within a period of three days, the Chief of Police or other employee of the Town designated by the Chief of Police shall immediately send or cause to be sent a written report of the removal by mail to the state department whose duty it is to register motor vehicles. The notice shall include a complete description of the vehicle, the date, time and place of removal, the reasons for the removal, and the name of the garage or other place where the vehicle is stored, with a request that the owner of the vehicle be notified immediately. (h) Whenever, pursuant to the terms of this chapter, a vehicle has been impounded by the Town for period of thirty days and no claim of ownership or right to possession thereof has been made, or when a claim has been made but not established to the satisfaction of the town manager, and no suit or action to determine the claim has been instituted, the Town may dispose of the vehicle in the manner set out in subsection (i). (i) The Chief of Police or other employee of the Town designated by the Chief of Police shall cause written notice to be given to all persons known by him to claim an interest in the vehicle. The notice shall be given by delivery in person, or by certified mail, addressed to the last known address of the business or residence of the person to be notified. The notice shall contain the following: (1) An itemized statement of the amount due to the Town for removal of and storage of the vehicle showing the amount due at the time of notice; (2) A description of the vehicle. (3) A demand that the amount due the Town, as stated in the notice, and such further claims as shall accrue, shall be paid and the right to the possession of the vehicle be established to the satisfaction of the Chief of Police on or before the date mentioned, being not less than ten days ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 9 of 13 from the delivery of the notice if it is personally delivered, or from the date or registration of the letter, unless the person notified chooses to appear before the Chief of Police or his designee within such ten-day period and establishes that (1) the impounding of the vehicle was improper or (2) the amount demanded is unreasonable, and the statement that unless the amount due the Town is paid or determined not to be required and the right to the possession of the vehicle is established to the satisfaction of the Chief of Police within the time specified, the vehicle will be advertised for sale and sold by auction at a specified time and place. (j) In accordance with the terms of the notice provided for in Section 1801(i)(3), a sale of the vehicle by auction may be had to satisfy the claim of the Town for the storage and removal of the vehicle and to discharge the Town from further responsibility in connection with the vehicle and from any duty to further retain or store the vehicle. The sale shall be held at the place where the vehicle is stored or impounded or, if it is manifestly unsuitable for the purpose, at the nearest suitable place and shall be made to the highest bidder of a price at least as great as the estimated value of the vehicle. After the time for the payment of the claim and the establishment to the satisfaction of the Chief of Police of the right to possession of the vehicle has elapsed and notice was given as required, an advertisement of the sale, describing the vehicle to be sold and stating the names of all persons known by the Chief of Police to claim an interest in the vehicle, if any, and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper published in the county. The sale shall be held not less than fifteen days from the date of the first publication. The Chief of Police shall execute and deliver a bill of sale, together with any report required by the Colorado Department of Revenue, evidencing transfer of title to the vehicle to any purchaser. (k) From the proceeds of the sale provided for in Section 1801(j), the Chief of Police shall satisfy the claim of the Town for the charges for removal and storage of the vehicle, and for the reasonable charges or expenses for or of the notice, advertising and sale. The balance, if any, of the proceeds will be paid into the treasury of the Town and deposited to the general fund. No claim for refund shall be made by any person entitled to it except if the claim is made within one year from the date of any sale resulting in the payment of any such proceeds into the treasury. A claim or refund shall be made to the town manager, who shall make a thorough examination of the claim. The failure on the part of any person to request the initiation of a refund to him within one year from the date of sale shall be conclusive of the fact that he has no meritorious claim for the refund within the set period of one year from the date of sale and he shall not thereafter commence any action, suit or proceeding whatsoever to obtain the refund and the Town shall be under no liability to him whatsoever by reason of the sale for the payment of any part of the proceeds of the sale or the entire proceeds of the sale in the treasury of the Town. (l) When any vehicle is offered for sale at auction pursuant to the terms of this Chapter and there is no bid for the vehicle, the Chief of Police shall declare the vehicle to be sold to the Town for the amount of the charges for the removal and storage of the vehicle, and the charges and expenses of notice, advertisement, and sale, and shall place the vehicle in the custody of such department of the Town as he in his sole discretion may determine, for the sole benefit and use of the Town. ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 10 of 13 (m) There shall be no right of redemption from any sale made pursuant to the terms of this section and after a vehicle has been sold pursuant to such terms, neither the Town nor any officer, agent or employee of the Town shall be liable for failure to deliver the vehicle to anyone other than the purchaser or purchasers at the sale. (n) Nothing contained herein shall be construed as imposing any obligation or liability on the Town for any negligence in the towing or storage of any vehicle or with respect to the quality of title to any vehicle.” 10.04.170 - MTC Section 1903 amended – school bus violations – increase of penalties for traffic violations. Section 1903 of the Model Traffic Code is amended by enactment of the following language: “1903(6)(c). Any person who violates the provisions of paragraph (a) of subsection (1) of this section is subject to doubled penalties and surcharges.” Section 8. 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 9. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 10. 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 11. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 11 of 13 Section 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 13. Publication. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full and a statement that a complete copies of the 2020 Model Traffic Code adopted by reference are available for inspection for public inspection in the office of the Town Clerk during normal business hours and which notice shall contain the penalty clauses in full. [SIGNATURE PAGE FOLLOWS] ATTACHMENT A: Ord No. 21-08 Adopting MTC Ord. 21-08 Adopting 2020 MTC [6/8/21] Page 12 of 13 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on June 8, 2021 and setting such public hearing for June 22, 2021 at the Council Chambers of the Avon Municipal Building, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on June 22, 2021 BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney ATTACHMENT A: Ord No. 21-08 Adopting MTC - 1 - APPENDIX I to Council Memo, Ordinance 21-08 The following information is an overview of new, deleted or amended language appearing in the 2020 Model Traffic Code (“MTC”). This overview is provided as a guide to some of the more substantial changes appearing in the MTC, which Code is recommended for adoption by the attached ordinance. This Index of Changes identifies the affected 2020 MTC Section and how it differs from the 2010 MTC currently in use by the Town. INDEX OF CHANGES Forward. Entire section added. Section 106. Text added (paras 4.5(b)-7). Section 107. Text added (second sentence). Section 109(13)(b). Offense changed to infraction. Section 109.5. Text added (para 1(b)). Section 109.6(1). Speed limit changed (35 mph to 45 mph). Section 110. Text added (final sentence to (1); all of (1)(a)- (6)(b)). Section 110.5. Entire section added. Section 111. Entire section added. Section 202. Text added (para 4(a)-(g)). Section 215.5. Repealed entirely. Section 221. Text added (para (9)-(11)) Section 227. Text added (paras (1)(a)(II) and (III)). Section 232. Text added (paras(1)(b) and (2)). Section 235. Text added ((2)(b)(IV)). Section 235. Text added ((4)(a)(I)-(II)). Section 236. Text deleted ((1)(a.3) and (a.7), (9)); text added ((1)(a.8)-(3)) Section 239. Text amended (3); text added (5.5) Sections 241 and 242. Entire sections added. Section 504(a). Text amended. Section 508. Text amended ((1)-(1.5); text added (2)-(4)). Section 510. Text added ((8)-(12)). Section 703. Text added ((3)(b)(II) and (III)). Section 712. Text deleted ((3)). Section 1007. Text added ((2) and (3)). Section 1102. Text amended ((4)). Section 1203. Entire section added. Section 1206. Text added ((3)-(5)). Section 1208. Substantial revision, whole section. Section 1213. Entire section added. Section 1409. Text added (8.5); text amended ((9)). Section 1410.5. Entire section added. Section 1412. Text added ((14)-(15)). Section 1416. Entire section added. ATTACHMENT B: Appendix I to Model Traffic Code - 2 - Section 1705. Entire section added. Section 1707. Entire section added. Section 1718. Entire section added. Section 1719. Entire section added. Appendices: Definitions added. ATTACHMENT B: Appendix I to Model Traffic Code - 3 - FORWARD Because of the significant mobility of today’s traffic and the influx of motorists from many areas, every driver has a right to expect the rules governing the movement of vehicles and pedestrians on streets and highways are clearly defined and reasonably uniform throughout the state and the nation. The General Assembly of the State of Colorado has recognized that conflicts between the state’s traffic laws and municipal traffic ordinances lead to inconsistencies in the movement of traffic and has strengthened the requirements for uniformity of traffic regulations in the following terms: “This article constitutes the uniform traffic code throughout the state and in all political subdivisions and municipalities therein”. (Source: 42- 4-110 (1), C.R.S.) “All local authorities may, in the manner prescribed in article 16 of title 31, C.R.S., or in article 15 of title 30, C.R.S., adopt by reference all or any part of a model traffic code which embodies the rules of the road and vehicle requirements set forth in this article and such other additional regulations as are provided for in section 42-4-111; except that, in the case of state highways, any such additional regulations shall have the approval of the department of transportation”. (Source: 42-4-110 (1)(b), C.R.S.) “No local authority shall adopt, enact, or enforce on any street which is a state highway any ordinance, rule, or resolution which alters or changes the meaning of the ‘rules of the road’ or is otherwise in conflict with the provisions of this article. For the purpose of this section, the ‘rules of the road’ shall be construed to mean any of the regulations on the operation of vehicles set forth in this article which drivers throughout the state are required to obey without the benefit or necessity of official traffic control devices as declared in section 42-4-603 (2).” (Source: 42- 4- 110(1)(c), C.R.S.) These provisions leave little doubt that the basic driving rules are expected to be uniform statewide for the protection of Colorado drivers and pedestrians. If state laws and local government traffic codes are to serve their purpose they must complement one another and be given the widest possible publicity as companion documents. The National Committee on Uniform Traffic Laws and Ordinances points out that it is not the proper purpose of traffic legislation to impose unnecessary or unreasonable restrictions on street or highway traffic, but to ensure, as far as this can be done by law and its enforcement, that traffic shall move smoothly, efficiently and safely; that no legitimate user of the street or highway, whether in a vehicle or on foot, shall be killed, injured or frustrated in such use by the improper behavior of others. Through the cooperative efforts of both state and local governments, the “Model Traffic Code for Colorado” has been developed to make available a specimen set of motor vehicle and traffic regulations that track state law. ATTACHMENT B: Appendix I to Model Traffic Code - 4 - Section 42-4-105, C.R.S., states that all traffic control devices placed or maintained by local authorities shall conform to the most recent edition of the federal “Manual on Uniform Traffic Control Devices” (MUTCD) and the state supplement thereto. Traffic regulatory areas preempted by state law have not been made part of the Code. Local governments are urged to bring their traffic ordinances into harmony with the current Code. Local governments that adopt the Code by reference are cautioned not to make any changes or additions which are in conflict with state law. However, the adopting local governments are at liberty to delete any parts, articles, or sections which are deemed to be inapplicable. A specimen ordinance and specimen public notices for adopting the Code by reference will be found in the Appendix. The following official state documents work in tandem to provide a uniform system of traffic regulation and accepted traffic engineering practices for greater operational efficiency and safety: • Colorado Revised Statutes (C.R.S.), Title 42, Article 4 - Uniform traffic code for the State of Colorado. Updated periodically to correlate with national model legislation. • Model Traffic Code for Colorado – Model ordinance embodies provisions of Colorado Law applicable to driving in municipalities and counties in a form that can be adopted by reference. • Colorado Drivers Manual – Drivers’ handbooks authorized by Colorado statute. Issued by the Colorado Department of Revenue (Division of Motor Vehicles). Traffic control text and illustrations developed by the Colorado Department of Transportation. • Manual on Uniform Traffic Control Devices (MUTCD) – Manual of Federal Highway Administration approved traffic control devices. Updated periodically and adopted by the Transportation Commission as required by Colorado Law. 106. Who may restrict right to use highways. (4.5) (b) (I) A person who operates a motor vehicle or vehicle combination over thirty- five feet in length on state highway 82 between mile markers 47 and 72 in violation of a closure under paragraph (a) of this subsection (4.5) is subject to an enhanced penalty as set forth in section 1701 (4) (a) (I) (F). (II) A person who operates a motor vehicle or vehicle combination over thirty-five feet in length on state highway 82 between mile markers 47 and 72 in violation of a closure under paragraph (a) of this subsection (4.5) where the result of the violation is an incident that causes the closure of a travel lane in one or both directions, is subject to an enhanced penalty as set forth ATTACHMENT B: Appendix I to Model Traffic Code - 5 - in section 1701 (4)(a)(I)(F). (6)(a) Local authorities may, within their respective jurisdictions, for the purpose of road construction and maintenance, temporarily close to through traffic or to all vehicular traffic any highway or portion thereof for a period not to exceed a specified number of workdays for project completion and shall, in conjunction with any such road closure, establish appropriate detours or provide for an alternative routing of the traffic affected when, in the opinion of concerned local authorities, as evidenced by resolution or ordinance, such temporary closing of the highway or portion thereof and the rerouting of traffic is necessary for traffic safety and for the protection of work crews and road equipment. Such temporary closing of the highway or portion thereof and the routing of traffic along other roads shall not become effective until official traffic control devices are erected giving notice of the restrictions, and, when such devices are in place, no driver shall disobey the instructions or directions thereof. (b) Local authorities, within their respective jurisdictions, may provide for the temporary closing to vehicular traffic of any portion of a highway during a specified period of the day for the purpose of celebrations, parades, and special local events or civil functions when in the opinion of said authorities such temporary closing is necessary for the safety and protection of persons who are to use that portion of the highway during the temporary closing. (c) Local authorities shall enter in to agreements with one another for the establishment, signing and marking of appropriate detours and alternative routes which jointly affect local road systems and which are necessary to carry out the provisions of paragraphs (a) and (b) of this subsection (6). Any temporary closing of the street which is a state highway and any rerouting of state highway traffic shall have the approval of the department before such closing becomes effective. (7) A person who violates any provision of this section commits a class B traffic infraction. 107. Obedience to police officers. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. 109. Low-power scooters, animals, skis, skates, and toy vehicles on highways (13)(b) Any person who violates subsection (6.5) of this section commits a class A traffic infraction. 109.5. Low-speed electric vehicles. (1)(b) Notwithstanding paragraph (a) of this subsection (1), a low-speed electric vehicle may be operated on a state highway that has a speed limit equal to forty miles per hour or cross a roadway with a speed limit equal to forty miles per hour to cross at-grade, if: (I) Such roadway's lane width is eleven feet or greater; (II) Such roadway provides two or more lanes in either direction; and (III)The Colorado department of transportation has determined, in consultation with local government and law enforcement, upon the basis of a traffic investigation, survey, appropriate design standards, or projected volumes, that the operation of a low-speed electric vehicle on the ATTACHMENT B: Appendix I to Model Traffic Code - 6 - roadway poses no substantial safety risk or hazard to motorists, bicyclists, pedestrians, or other persons. 109.6. Class B low-speed electric vehicles – effective date -rules (1) A class B low speed electric vehicle may be operated only on a roadway that has a speed limit equal to or less than forty-five miles per hour; except that it may be operated to directly cross a roadway that has a speed limit greater than forty-five miles per hour at an at- grade crossing to continue traveling along a roadway with a speed limit equal to or less than forty-five miles per hour. 110. Provisions uniform throughout jurisdiction. (1) All local authorities may enact and enforce traffic regulations on other roads and streets within their respective jurisdictions. All such regulations shall be subject to the following conditions and limitations: (a) All local governments may enact, adopt, or enforce traffic regulations which cover the same subject matter as the various sections of this Code or state law and such additional regulations as are included in section 111, except as otherwise stated in paragraphs (c ) to (e) (sic ) of this subsection (1). (b) All local authorities may, in the manner prescribed in article 16 of title 31, C.R.S. or in article 15 of title 30, C.R.S., adopt by reference all or any part of a model traffic code which embodies the rules of the road and vehicle requirements set forth in this article and such additional regulations as are provided for in section 111; except that in the case of state highways, any such additional regulation shall have the approval of the department of transportation. (c) No local authority shall adopt, enact, or enforce on any street which is a state highway any ordinance, rule, or resolution which alters or changes the meaning of any of the “rules of the road” or is otherwise in conflict with the provisions of this article. For the purpose of this section, the “rules of the road” shall be construed to mean any of the regulations on the operation of vehicles set forth in this article which drivers throughout the state are required to obey without the benefit or necessity of official traffic control devices as declared in section 603(2) (d) In no event shall local authorities have the power to enact by ordinance regulations governing the driving of vehicles by persons under the influence of alcohol or of a controlled substance as defined in section 18-18-102(5), C.R.S., or under the influence of any other drug to a degree that renders any such person incapable of safely operating a vehicle, or whose ability to operate a vehicle is impaired by the consumption of alcohol or by the use of a controlled substance as defined in section 18-18-102(5), C.R.S., or any other drug, the registration of vehicles and the licensing of drivers, the duties and obligations of persons involved in traffic accidents, and vehicle equipment requirements in conflict with the provisions of this article; but said local authorities within their respective jurisdictions shall enforce the state laws pertaining to these subjects, and in every charge of violation the complaint shall specify the section of state law under which the charge is made and the state court having jurisdiction. (2) The municipal courts have jurisdiction over violations of traffic regulations enacted or adopted by municipalities. (3) No person convicted of or pleading guilty to a violation of a municipal traffic ATTACHMENT B: Appendix I to Model Traffic Code - 7 - ordinance shall be charged or tried in a state court for the same or similar offense. (4) (a) Any local government located within the program area of the AIR program area as defined in section 304 may adopt ordinances or resolutions pertaining to the enforcement of the emissions control inspection requirements set forth in section 310. (b) An officer coming upon an unattended vehicle in the program area which is in apparent violation of an ordinance or resolution adopted as authorized in paragraph (a) of this subsection (4) may place upon such a vehicle a penalty assessment notice indicating the offense and direction the owner or operator of such vehicle a penalty assessment notice indicating the offense and directing the owner or operator of such vehicle to remit the penalty assessment as set forth in such ordinance to the local jurisdiction in whose name the penalty assessment notice was issued. (c) The aggregate amount of fines, penalties, or forfeitures collected pursuant to ordinances or resolutions adopted as authorized in paragraph (a) of this subsection (4) shall be retained by the local jurisdiction in whose name such penalty notice was issued. (5) The general assembly declares that the adjudication of class A and class B traffic infractions through the county court magistrate system was not intended to create a conflict between the provisions of this article and municipal ordinances covering the same subject matter as this article nor was it intended to require or prohibit the decriminalization of municipal ordinances covering the same subject matter as this article. Municipalities may continue to enforce violations of such ordinances through municipal court even though similar state offenses are enforced through the magistrate system established under this article. (6) (a) The general assembly hereby finds that the use of automated driving systems will help people who may have difficulty driving, including people who are elderly and people with disabilities, gain access to goods and services essential to daily life. This access requires traveling across and in multiple jurisdictions. Therefore, the regulation of automated driving systems is a matter of statewide concern. (b) A state agency or a political subdivision of the state shall not adopt or enforce a policy, rule, or ordinance that sets standards for an automated driving system that are different from the standards set for a human driver. 110.5. Automated vehicle identification systems – definition. (1) The general assembly hereby finds and declares that the enforcement of traffic laws through the use of automated vehicle identification systems under this section is a matter of statewide concern and is an area in which uniform state standards are necessary. (1.5) Except as set out in (1.7), nothing in this section shall apply to a violation detected by an automated vehicle identification device for driving twenty-five miles per hour or more in excess of the reasonable and prudent speed or twenty-five miles per hour or more in excess of the maximum speed limit of seventy-five miles per hour detected by the use of an automated vehicle identification device. (1.7)(a) An automated vehicle identification system shall not be used under this subsection (1.7) unless maintenance, repair, or construction is occurring at the time the system is being used. (2) A local authority may adopt an ordinance authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the municipality or the local authority may utilize an automated vehicle identification system to detect traffic violations ATTACHMENT B: Appendix I to Model Traffic Code - 8 - under state law, subject to the following conditions and limitations: (a) (I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May 24, 2002. (II) If a local authority detects any alleged violation of a local traffic regulation or traffic violation under state law through the use of an automated vehicle identification system, then the state, county, city and county or municipality shall serve the penalty assessment notice or summons and complaint for a violation detected using an automated vehicle on the defendant no later than ninety days after the alleged violation occurred. If a penalty assessment notice or summons and complaint for a violation detected using an automated vehicle identification system is personally served, the state, a county, a city and county, or a municipality may only charge the actual costs of service of process that shall be no more than the amount usually charged for civil service of process. 111. Powers of Local Authorities. (1) Except as otherwise provided in subsection (2) of this section, this article does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from: a) Regulating or prohibiting the stopping, standing, or parking of vehicles, consistent with the provisions of this article; b) Establishing parking meter zones where it is determined upon the basis of an engineering and traffic investigation that the installation and operation of parking meetings is necessary to aid in the regulation and control of the parking of vehicles during the hours and on the days specified on parking meter signs; c) Regulating traffic by means of police officers or official traffic control devices, consistent with the provisions of this article; d) Regulating or prohibiting processions or assemblages on the highways, consistent with the provisions of this article; e) Designating particular highways or roadways for use by traffic moving in one direction, consistent with the provisions of this article; f) Designating any highway as a through highway or designating any intersection as a stop or yield intersection, consistent with the provisions of this article; g) Designating truck routes and restricting the use of highways, consistent with the provisions of this article; h) Regulating the operation of bicycles or electrical assisted bicycles and requiring the registration and licensing of same, including the requirement of a registration fee, consistent with the provisions of this article; i) Altering or establishing speed limits, consistent with the provisions of this article; j) Establishing speed limits for vehicles in public parks, consistent with the provisions of this article; k) Determining and designating streets, parts of streets, or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, consistent with the provisions of this article; l) Regulating or prohibiting the turning of vehicles, consistent with the ATTACHMENT B: Appendix I to Model Traffic Code - 9 - provisions of this article; m) Designating no-passing zones, consistent with the provisions of this article; n) Prohibiting or regulating the use of controlled-access roadways by nonmotorized traffic or other kinds of traffic, consistent with the provisions of this Code; o) Establishing minimum speed limits, consistent with the provisions of this Code; p) Designating hazardous railroad crossings, consistent with the provisions of this Code; q) Designating and regulating traffic on play streets, consistent with the provisions of this article; r) Prohibiting or restricting pedestrian crossing, consistent with the provisions of this Code; s) Regulating the movement of traffic at school crossings by official traffic control devices or by duly authorized school crossing guards, consistent with the provisions of the Code; t) Regulating persons propelling push carts; u) Regulating persons upon skates, coasters, sleds, or similar devices, consistent with the provisions of this Code; v) Adopting such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; w) Adopting such other traffic regulations as are provided for by this article; x) Closing a street or portion thereof temporarily and establishing appropriate detours or an alternative routing for the traffic affected, consistent with the provisions of this article; y) Regulating the local movement of traffic or the use of local streets where such is not provided for in that article; z) Regulating the operation of low-powered scooters, consistent with the provisions of this article; except that local authorities shall be prohibited from establishing any requirements for the registration and licensing of low powered scooters; aa) Regulating the operation of low-speed electric vehicles, including, without limitation, establishing a safety inspection program, on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if such regulation is consistent with this Code; bb) Authorizing and regulating the operation of golf cars on roadways by resolution or ordinance of the governing body, if the authorization or regulation is consistent with this title and does not authorize: (I) An unlicensed driver of a golf car to carry a passenger who is under twenty-one years of age; (II) Operation of a golf car by a person under sixteen years of age; or (III) Operation of a golf car on a state highway; except that the ordinance or resolution may authorize a person to drive a golf car directly across a state highway at an at- grade sidewalk, bike path, or pedestrian path consistent with section 42-4-117(I) and (3), C.R.S.; cc) Authorizing, prohibiting, or regulating the use of an EPAMD on a roadway, sidewalk, bike path, or pedestrian path consistent with section 117(1) and (3); ATTACHMENT B: Appendix I to Model Traffic Code - 10 - dd) Authorizing the use of the electrical motor on an electrical assisted bicycle on a bike or pedestrian path; ee) Enacting the idling standards in conformity with section 42-14-103, C.R.S. (2)(a) An ordinance or regulation enacted under paragraph (a), (b), (e), (f), (g), (i), (j), (k), (l), (m), (n ), (o), (p), (q), (r ), (v), (x), (y), (aa), or (cc) of subsection (1) of this section may not take effect until official signs or other traffic control devices conforming to standards as required by section 42-4-602, C.R.S., and giving notice of the local traffic regulations are placed upon or at the entrances to the highway or part thereof affected as may be most appropriate. (b) Subsection (1) of this section does not authorize a local authority to regulate or authorize the use of vehicles and motor vehicles on the state highway system that is subject to section 43- 2-135, C.R.S., except in at-grade crossings where the roadway subject to the local authority’s jurisdiction crosses the state highway. The local authority may regulate vehicles within such crossings only to the extent necessary to effect the local authority’s power to regulate the roadway under the local authority’s jurisdiction and only if the regulation or authorization does not interfere with the normal operation of the state highway. (3)(a) A board of county commissioners may by resolution authorize the use of designated portions of unimproved county roads within the unincorporated portion of the county for motor vehicles participating in timed endurance events and for such purposes shall make such regulations relating to the use of such roads and the operation of vehicles as are consistent with public safety in the conduct of such event and with the cooperation of county law enforcement officials. (b) Such resolution by a board of county commissioners and regulations based thereon shall designate the specific route which may be used in such event, the time limitations imposed upon such use, any necessary restrictions in the use of such route by persons not participating in such event, special regulations concerning the operation of vehicles while participating in such event in which case any provisions of this article to the contrary shall not apply to such event, and such requirements concerning the sponsorship of any such event as may be reasonably necessary to assure adequate responsibility therefor. 202. Unsafe vehicles – penalty – identification plates. (4)(a) Upon its approval, the department of revenue shall issue an identification plate for each vehicle, motor vehicle, trailer, or item of special mobile machinery, or similar implement of equipment, used in any type of construction business which shall, when said plate is affixed, exempt any such item of equipment, machinery, trailer, or vehicle from all or part of this section and sections 204 to 231 of this Code. (b) The department of revenue is authorized to promulgate written rules and regulations governing the application for, issuance of, and supervision, administration, and revocation of such identification plates and exemption authority and to prescribe the terms and conditions under which said plates may be issued for each item as set forth in paragraph (a) of this subsection (4), and the department of revenue, in so doing, shall consider the safety of users of the public streets and highways and the type, nature, and use of such items set forth in paragraph of this subsection (4) for which exemption is sought. (c) Each exempt item may be moved on the roads, streets, and highways during daylight ATTACHMENT B: Appendix I to Model Traffic Code - 11 - hours and at such time as vision is not less than five hundred feet. No cargo or supplies shall be hauled upon such exempt item except cargo and supplies used in normal operation of any such item. (d) The identification plate shall be of a size and type designated and approved by the department. A fee of one dollar shall be charged and collected by the department for the issuance of each such identification plate. All such fees so collected shall be paid to the state treasurer who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-205(5.5)(b), C.R.S. (e) Each such identification plate shall be issued for a calendar year. Application for such identification plates shall be made by the owner, and such plates shall be issued to the owner of each such item described in paragraph (a) of this subsection (4). Whenever the owner transfers, sells, or assigns the owner's interest therein, the exemption of such item shall expire and the owner shall remove the identification plate therefrom and forward the same to the department of revenue. (f) An owner shall report a lost or damaged identification plate to the department of revenue, and, upon application to and approval by the department of revenue, the department shall issue a replacement plate upon payment to it of a fee of fifty cents. (g) Notwithstanding the amount specified for any fee in this subsection (4), the executive director of the department of revenue by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402(3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department of revenue by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402(4), C.R.S. 215.5. Signal lamps and devices – street rod vehicles and custom motor vehicles. (1) As used in this section, unless the context otherwise requires: (a) “Blue dot tail light” means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than one inch in diameter. (b) Repealed. (2) A street rod vehicle or custom motor vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors. Such lamps shall comply with all requirements provided in this Code other than color requirements. 221. Bicycle and personal mobility device equipment. (9)(a) On or after January 1, 2018, every manufacturer or distributor of new electrical assisted bicycles intended for sale or distribution in this state shall permanently affix to each electrical assisted bicycle, in a prominent location, a label that contains the classification number, top assisted speed, and motor wattage of the electrical assisted bicycle. The label must be printed in the Arial font in at least nine-point type. (b) A person shall not knowingly modify an electrical assisted bicycle so as to change the speed capability or motor engagement of the electrical assisted bicycle without also appropriately replacing, or causing to be replaced, the label indicating the classification required by subsection ATTACHMENT B: Appendix I to Model Traffic Code - 12 - (9)(a) of this section. (10) (a) An electrical assisted bicycle must comply with the equipment and manufacturing requirements for bicycles adopted by the United States consumer product safety commission and codified at 16 CFR 1512 or its successor regulation. (b) A class 2 electrical assisted bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. Class 1 and class 3 electrical assisted bicycles must be equipped with a mechanism or circuit that cannot be bypassed and that causes the electric motor to disengage or cease to function when the rider stops pedaling. (c) A class 3 electrical assisted bicycle must be equipped with a speedometer that displays, in miles per hours, the speed the electrical assisted bicycle is traveling. 227. Windows unobstructed – certain materials prohibited – windshield wiper requirements (II) The provisions of this paragraph (a) shall not apply to the windows to the rear of the driver, including the rear window, on any motor vehicle; however, if such windows allow less than twenty-seven percent light transmittance, then the front side windows and the windshield on such vehicles shall allow seventy percent light transmittance. (III) A law enforcement vehicle may have its windows, except the windshield, treated in such a manner so as to allow less than twenty-seven percent light transmittance only for the purpose of providing a valid law enforcement service. A law enforcement vehicle with such window treatment shall not be used for any traffic law enforcement operations, including operations concerning any offense in this article. For purposes of this subparagraph (III), “law enforcement vehicle” means a vehicle owned or leased by a state or local law enforcement agency. The treatment of the windshield of a law enforcement vehicle is subject to the limits described in paragraph (b) of this subsection (1). 232. Minimum safety standards for motorcycles and low-power scooters (1)(b) A person driving or riding a motorcycle need not wear eye protection if the motorcycle has: (I) Three wheels; (II) A maximum design speed of twenty-five miles per hour or less; (III) A windshield; and (IV) Seat belts. (2) The department shall adopt standards and specifications for the design of goggles and eyeglasses. 235. Minimum standards for commercial vehicles – repeal (2)(b)(IV) This section does not apply to a motor vehicle or motor vehicle and trailer combination: (A) With a gross vehicle weight, gross vehicle weight rating, or gross combination rating ATTACHMENT B: Appendix I to Model Traffic Code - 13 - of less than twenty-six thousand one pounds; (B) Not operated in interstate commerce; (C) Not transporting hazardous materials requiring placarding; (D) Not transporting either sixteen or more passengers including the driver or eight or more passengers for compensation; and (E) If the motor vehicle or combination is being used solely for agricultural purposes. (4)(a)(I) The chief of the Colorado state patrol shall adopt rules for the operation of all commercial vehicles and, as specified in subsection (4)(a)(II) of this section, vehicles that would be commercial vehicles but for the fact that they have a manufacturer’s gross vehicle weight rating or gross combination rating of ten thousand one pounds or more but not more than sixteen thousand pounds. In adopting such rules, the chief shall use as general guidelines the standards contained in the current rules and regulations of the United States department of transportation relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, notification and reporting of accidents, hours of service of drivers, inspection, repair and maintenance of motor vehicles, financial responsibility, insurance, and employee safety and health standards; except that rules regarding financial responsibility and insurance do not apply to a commercial vehicle as defined in subsection (1) of this section that is also subject to regulation by the public utilities commission under article 10.1 of title 40, C.R.S. On and after September 1, 2003, all commercial vehicle safety inspections conducted to determine compliance with rules promulgated by the chief pursuant to this paragraph (a) must be performed by an enforcement official, as defined in section 42-20-103(2), C.R.S., who has been certified by the commercial vehicle safety alliance, or any successor organization thereto, to perform level I inspections. (II) With respect to the operation of all vehicles that would be commercial vehicles but for the fact that they have a manufacturer’s gross vehicle weight rating or gross combination rating of ten thousand one pounds or more but not more than sixteen thousand pounds, the chief of the Colorado state patrol may adopt rules that authorize the Colorado state patrol to: (A) Annually inspect these vehicles; (B) Enforce with respect to these vehicles all requirements for the securing of loads that apply to commercial vehicles; and (C) Enforce with respect to these vehicles all requirements relating to the use of coupling devices for commercial vehicles. (4)(b) The Colorado public utilities commission may enforce safety rules of the chief of the Colorado state patrol governing commercial vehicles described in subparagraphs (I) and (II) of paragraph (a) of subsection (1) of this section pursuant to his or her authority to regulate motor carriers, as defined in section 40-10.1-101, C.R.S., including the issuance of civil penalties for violations of such rules as provided in section 40-7-113, C.R.S. 236. Safety belt systems- mandatory use- exemptions -penalty (1)(a.3) “Child booster seat” means a child passenger restraint system that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended, that is designed to elevate a child to properly sit in a federally approved safety belt system. ATTACHMENT B: Appendix I to Model Traffic Code - 14 - (a.7) “Child safety belt-positioning device” means a device that positions a safety belt around a child in a manner that safely restrains such child in a seating position that conforms to all applicable federal motor vehicle safety standards. (1) (a.8) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than ten thousand pounds. "Motor vehicle" does not include motorcycles that are not autocycles, low-power scooters, motorscooters, motorbicycles, motorized bicycles, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations. (2) (a) (I) Unless exempted pursuant to subsection (3) of this section, and except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), every child who is under eight years of age and who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a child restraint system according to the manufacturer’s instructions: (II) If the child is less than one year of age and weighs less than twenty pounds, the child shall be properly restrained in a rear-facing child restraint system in a rear seat of the vehicle. (III) If the child is one year of age or older, but less than four years of age, and weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a rear- facing or forward- facing child restraint system. (b) Unless excepted pursuant to subsection (3) of this section, every child, who is at least eight years of age but less than sixteen years of age who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a safety belt or child restraint system according to the manufacturer's instructions. (c) If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or her child or children are provided with and that they properly use a child restraint system or safety belt system. If a parent is not in the motor vehicle, it is the responsibility of the driver transporting a child or children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system. (3) Except as provided in section 42-2-105.5(4), C.R.S., the requirements of subsection (2) of this section shall not apply to a child who: (a) Is being transported in a motor vehicle that is operated in the business of transporting persons for compensation or hire by or on behalf of a common carrier or a contract carrier as those terms are defined in section 40-10.1-101, C.R.S., or an operator of a luxury limousine service as defined in section 40-10.1-301, C.R.S. (9) No driver in a motor vehicle shall be cited for a violation of subparagraph (I) of paragraph (b) of subsection (2) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of Codes 1 to 4 of this title other than a violation of this section or section 237. 239. Misuse of a wireless telephone – definitions – penalty – preemption ATTACHMENT B: Appendix I to Model Traffic Code - 15 - (3) A person shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle. (5.5) (a) Except as provided in subsections (5.5)(b) and (5.5)(c) of this section, a person who operates a motor vehicle in violation of subsection (3) of this section commits a class 2 misdemeanor traffic offense, and the court or the department shall assess a fine of three hundred dollars. (b) If the person’s actions are the proximate cause of bodily injury to another, the person commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4- 1701(3)(a)(II), C.R.S. (c) If the person’s actions are the proximate cause of death to another, the person commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4- 1701(3)(a)(II), C.R.S. 241. Unlawful removal of tow-truck signage - unlawful usage of tow-truck signage. (1)(a) A person, other than a towing carrier or peace officer as described in section 16- 2.5-101, C.R.S., commits the crime of unlawful removal of tow-truck signage if: (I) A towing carrier has placed a tow-truck warning sign on the driver-side window of a vehicle to be towed or, if window placement is impracticable, in another location on the driver- side of the vehicle; and (II) The vehicle to be towed is within fifty feet of the towing carrier vehicle; and (III) The person removes the tow-truck warning sign from the vehicle before the tow is completed. (b) A person commits the crime of unlawful usage of tow-truck signage if the person places a tow-truck warning sign on a vehicle when the vehicle is not in the process of being towed or when the vehicle is occupied. (c) A towing carrier may permit an owner of the vehicle to be towed to retrieve any personal items from the vehicle before the vehicle is towed. (2) A person who violates subsection (1) of this section commits a class 3 misdemeanor. (3) For purposes of this section, "tow-truck warning sign" means a sign that is at least eight inches by eight inches, is either yellow or orange, and states the following: WARNING: This vehicle is in tow. Attempting to operate or operating this vehicle may result in criminal prosecution and may lead to injury or death to you or another person. 242. Automated driving systems – safe harbor. (1) A person may use an automated driving system to drive a motor vehicle or to control a function of a motor vehicle if the system is capable of complying with every state and federal law that applies to the function that the system is operating. (2) Any provision in articles 1 to 3 of title 42 and article 4 that by its nature regulates ATTACHMENT B: Appendix I to Model Traffic Code - 16 - a human driver, including section 42-2-101, C.R.S., does not apply to an automated driving system, except for laws regulating the physical driving of a vehicle. (3) (a) If an automated driving system is not capable of complying with every state and federal law that applies to the function the system is operating, a person shall not test the system unless approved by the Colorado state patrol and the Colorado department of transportation, in accordance with a process overseen by the Colorado state patrol and the Colorado department of transportation. (b) A person who violates this subsection (3) commits a class B traffic infraction. Upon determining that there is probable cause to believe that a motor vehicle was used to violate this subsection (3), a peace officer of the state patrol may impound or immobilize the motor vehicle until the person who violated this section has obtained the required approval in accordance with subsection (3)(a) of this section or signed an affidavit, under penalty of perjury, stating the person’s intention to cease using the automated driving system in Colorado without the required approval. (4) The Colorado department of transportation shall report to the transportation legislation review committee by September 1 of each year, concerning the testing of automated driving systems in Colorado. The first report is due by September 1, 2018. Notwithstanding the provisions of section 24-1-136, the reporting requirements contained in this subsection (4) continued indefinitely. (5) Liability for a crash involving an automated driving system driving a motor vehicle that is not under human control is determined in accordance with applicable state law, federal law, or common law. 504. Height and length of vehicles. (1) No vehicle unladen or with load shall exceed a height of fourteen feet six inches. The department of transportation shall designate highways with overhead highway structures that have less than fourteen feet six inches of vertical clearance. A driver shall not drive a vehicle under a structure if the vehicle’s height exceeds the department’s designated vertical clearance for the structure. 508. Gross weight of vehicles and loads. (2) The department upon registering any vehicle under the laws of this state, which vehicle is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may acquire such information and may make such investigation or tests as necessary to enable it to determine whether such vehicle may safely be operated upon the highways in compliance with all the provisions of this article. The department shall not register any such vehicle for a permissible gross weight exceeding the limitations set forth in sections 501 to 512 and 1407 of this Code. Every such vehicle shall meet the following requirements: (a) It shall be equipped with brakes as required in section 223; (b) Every motor vehicle to be operated outside of business and residential district shall ATTACHMENT B: Appendix I to Model Traffic Code - 17 - have motive power adequate to propel at a reasonable speed such vehicle and any load thereon or be drawn thereby. (3) If the federal highway administration or the United States congress prescribes or adopts vehicle size or weight limits greater than those now prescribed by the “Federal-Aid Highway Act of 1956”, which limits exceed in full or in part the provisions of section 504 or paragraph (b) or (c) of subsection (1) of this Code, the transportation commission, upon determining that Colorado highways have been constructed to standards which will accommodate such additional size or weight and that the adoption of said size and weight limitations will not jeopardize any distribution of federal highway funds to the state, may adopt size and weight limits comparable to those prescribed or adopted by the federal highway administration or the United States congress and may authorize said limits to be used by owners or operators of vehicles while said vehicles are using highways within this state; but no vehicle size or weight limit so adopted by the commission shall be less in any respect than those now provided for in section 504 or paragraph (b) or (c) of subsection (1) of this section. (4) Any person who drives a vehicle or owns a vehicle in violation of any provision of this section commits a class 2 misdemeanor traffic offense. 510. Permits for excess size and weight and for manufactured homes – rules. (8) The department of transportation shall have a procedure to allow those persons who are transporting loads from another state into Colorado and who would require a permit under the provisions of this section to make advance arrangements by telephone or other means of communication for the issuance of a permit if the load otherwise complies with the requirements of this section. (9) No permit shall be necessary for the operation of authorized emergency vehicles, public transportation vehicles operated by municipalities or other political subdivisions of the state, county road maintenance and county road construction equipment temporarily moved upon the highway, implements of husbandry, and farm tractors temporarily moved upon the highway, including transportation of such tractors or implements by a person dealing therein to such person's place of business within the state or to the premises of a purchaser or prospective purchaser within the state; nor shall such vehicles or equipment be subject to the size and weight provisions of this part 5. (10) Local law enforcement officials shall verify the validity of permits issued under this section whenever feasible. Upon determination by any of such officials or by any personnel of a county assessor's or county treasurer's office indicating that a manufactured home has been moved without a valid permit, the district attorney shall investigate and prosecute any alleged violation as authorized by law. (11) (a) Any local authority may impose a fee, in addition to but not to exceed the following amounts: (I) (I) For overlength, overwidth, and overheight permits on loads or vehicles which do not exceed legal weight limits: (A) Annual permit, two hundred fifty dollars; (B) Single trip permit, fifteen dollars; (II) Not applicable. ATTACHMENT B: Appendix I to Model Traffic Code - 18 - (III) For overweight permits for vehicles or loads exceeding legal weight limits up to two hundred thousand pounds: (A) Annual permit, four hundred dollars; (B) Single trip permit, fifteen dollars plus five dollars per axle; (C) Annual fleet permits, one thousand five hundred dollars plus twenty-five dollars per vehicle to be permitted. For purposes of this sub-subparagraph (C), "fleet" means any group of two or more vehicles owned by one person. This sub-subparagraph (C) shall apply only to longer vehicle combinations as defined in section 505. (c) Any local authority may impose a fee for a special permit for structural, oversize, or overweight moves requiring extraordinary action or moves involving weight in excess of two hundred thousand pounds, except that a super-load permit fee is four hundred dollars, the amount of the fee shall not exceed the actual cost of the extraordinary action. (12) (a) Any person holding a permit issued pursuant to this section or any person operating a vehicle pursuant to such permit who violates any provision of this section, any ordinance or resolution of a local authority, or any standards or rules or regulations promulgated pursuant to this section, except the provisions of subparagraph (IV) of paragraph (b) of subsection (2) of this section, commits a class 2 misdemeanor traffic offense. (b) Any person who violates the provisions of subparagraph (IV) of paragraph (b) of subsection (2) of this section commits a class 2 petty offense and, upon conviction thereof, shall be fined two hundred dollars; except that, upon conviction of a second or subsequent such offense, such person commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3- 501, C.R.S. (c) A local authority with regard to a local permit may, after a hearing, revoke, suspend, refuse to renew, or refuse to issue any permit authorized by this section upon a finding that the holder of the permit has violated the provisions of this section, any ordinance or resolution of the local authority, or any standards or rules promulgated pursuant to this section. 705. Operation of vehicle approached by emergency vehicle – operation of vehicle approaching stationary emergency vehicle (3) (b) (I) Except as otherwise provided in subsection (3)(b)(II) and (3)(b)(III) of this section, any person who violates subsection (2), (2.5), or (2.6) of this section commits careless driving as described in 42-4-1402, C.R.S. (II) If the person violates subsection (2) of this section and the person’s actions are the proximate cause of bodily injury to another person, the person commits a class 1 misdemeanor and shall be punished as described in section 18-1.3-501. (III) If the person violations subsection (2) of this section and the person’s actions are the proximate cause of the death of another person, the person commits a class 6 felony and shall be punished as described in section 18-1.3-401. 712. Driving in highway work area (3) Local road authorities, within their respective jurisdictions and in cooperation with law enforcement agencies, may train and appoint adult civilian personnel for special traffic duty as highway flagpersons within any highway maintenance or construction work area. Whenever such ATTACHMENT B: Appendix I to Model Traffic Code - 19 - duly authorized flagpersons are wearing the badge, insignia, or uniform of their office, are engaged in the performance of their respective duties, and are displaying any official hand signal device of a type and in the manner prescribed in the adopted state traffic control manual or supplement thereto for signaling traffic in such areas to stop or to proceed, no person shall willfully fail or refuse to obey the visible instructions or signals so displayed by such flagpersons. Any alleged willful failure or refusal of a driver to comply with such instructions or signals, including information as to the identity of the driver and the license plate number of the vehicle alleged to have been so driven in violation, shall be reported by the work area supervisor in charge at the location to the district attorney for appropriate penalizing action in a court of competent jurisdiction. 1007. Driving on roadways laned for traffic (2)(a) The department of transportation may designate with signage an area on a roadway not otherwise laned for traffic for use by commercial vehicles, as defined in section 235(1)(a), that are designed to transport sixteen or more passengers, including the driver, and that are operated by a governmental entity or government-owned business that transports the general public or by a contractor on behalf of such an entity or government-owned business. Use of such an area is limited to vehicles authorized by the department operating under conditions of use established by the department but, subject to the conditions of use, the driver of an authorized vehicle has sole discretion to decide whether or not to drive on such an area based on the driver’s assessment of the safety of doing so. The department shall consult with the Colorado state patrol before granting authorization for the use of the area and establishing conditions of use. The department shall impose, and each authorized user shall acknowledge, the conditions for use by writ ten agreement, and the department need not note the conditions of use in roadway signage. An authorized user does not violate this section or section 1004 when operating in accordance with the conditions of use for an area imposed by the department and acknowledged by the user in a written agreement. (b) The department of transportation shall work with local governmental agencies in implementing the provisions of this subsection (2). 1102. Altering of speed limits. (4) No alteration of speed limits on state highways within cities, cities and counties, and incorporated towns is effective until it has been approved in writing by the department of transportation. Upon the request of any incorporated city or town, the department of transportation shall conduct any traffic investigation or survey that is deemed to be warranted for determination of a safe and reasonable speed limit on any street or portion thereof that is a state highway. In conducting such a traffic investigation, the department may receive and consider traffic and engineering data provided by the city or county engineer of any requesting local government that will be impacted by a proposed alteration of speed limits. Any speed limit so determined by the department becomes effective when declared by the local authority and made known by official signs conforming to the state traffic control manual. 1203. Ski areas to install signs ATTACHMENT B: Appendix I to Model Traffic Code - 20 - (1) Colorado ski areas shall install traffic control signs as provided in this section on both sides of that segment of every highway which is within one mile of and which leads to the recognized entrances to the ski area parking lots if it is found that: (a) The ski area has insufficient parking capacity as evidenced by the practice of parking by motor vehicles on such highways; and (b) Such parking constitutes a hazard to traffic or an obstacle to snow removal or the movement or passage of emergency equipment. (2) The findings required by subsection (1) of this section shall be made by the department of transportation for the state highway system, by the chairman of the board of county commissioners for county roads, and by the chief executive officer of a municipality for a municipal street system. Such findings shall be based upon a traffic investigation. (3) Such signs shall conform to any and all specifications of the department of transportation adopted pursuant to section 42-4-601, C.R.S. All such signs shall contain a statement that there is no parking allowed on a highway right-of-way so as to obstruct traffic or highway maintenance and that offending vehicles will be towed away. 1206. Unattended motor vehicle – definitions (3) The use or operation of a remote starter system and adequate security measures is sufficient to comply with subsection (1) of this section. (4) As used in this section: (a) "Adequate security measures" includes, but is not limited to: (I) Using a vehicle that requires a key to put the vehicle into gear and move the vehicle; (II) Keeping a keyless start fob out of proximity of the vehicle; or (III) Employing steering wheel security devices. (b) "Remote starter system" means a device installed in a motor vehicle that allows the engine of the vehicle to be started by remote or radio control. (5) Nothing in this section preempts or otherwise impairs the power of local authorities to enforce or enact ordinances or resolutions concerning time limits on the idling of motor vehicles on or before August 10, 2017. 1208. Parking privileges for persons with disabilities – applicability – rules. (1) Definitions. As used in this section: (a) “Disability” or “disabled” has the same meaning as set forth in section 42-3-204, C.R.S. (b) “Holder” means a person with a disability who has lawfully obtained an identifying plate or placard. (c) “Identifying figure” has the same meaning as set forth in section 42-3-204, C.R.S. (d) “Identifying placard” has the same meaning as set forth in section 42-3-204, C.R.S. (e) “Identifying plate” has the same meaning as set forth in section 42-3-204, C.R.S. (f) “Professional” has the same meaning as set forth in section 42-3-204, C.R.S. (f.5) “Remuneration-exempt identifying placard” has the same meaning as set forth in 42-3-204, C.R.S.(g) "Reserved parking" means a parking space reserved for a person with a disability. ATTACHMENT B: Appendix I to Model Traffic Code - 21 - (2) Use of plate or placard. (a) A person with a disability may use reserved parking on public property or private property if the person displays an identifying plate or placard while using reserved parking. (b) When an identifying placard is used for reserved parking, the driver of the parked motor vehicle shall ensure that the front of the identifying placard is legible and visible through the windshield when viewed from outside the vehicle. The driver shall hang the placard from the rear-view mirror unless a rear-view mirror is not available or the individual is physically unable to hang the placard from the rear-view mirror. If the tag is not hung from the rear-view mirror, the driver shall display it on the dashboard. (c) A person with a disability who is a resident of a state other than Colorado may use reserved parking in Colorado if the motor vehicle displays an identifying plate or placard issued by a state other than Colorado, and if: (I) The identifying plate or placard is currently valid in the state of issuance and meets the requirements of 23 CFR 1235; and (II) The holder has not been a resident in Colorado for more than ninety days. (d) A motor vehicle with an identifying plate or a placard may be parked in public parking areas along public streets or in private parking lots regardless of any time limitation imposed upon parking in the area; except that a jurisdiction may specifically limit reserved parking on any public street to no less than four hours. To limit reserved parking, the jurisdiction must clearly post the appropriate time limits in the area. The ability to park notwithstanding parking limitations does not apply to areas in which: (I) Stopping, standing, or parking of all vehicles is prohibited; (II) Only special vehicles may be parked; or (III) Parking is not allowed during specific periods of the day in order to accommodate heavy traffic. (e) (I) The owner of public or private property may request the installation of official signs or pavement markings identifying reserved parking spaces. The request operates as a waiver of any objection the owner may assert concerning enforcement of this section by a peace officer. An officer may enforce this section on private property notwithstanding any provision of law to the contrary. (II) (A) The number and placement of accessible parking spaces should meet or exceed section 1106 of chapter 11 of the 2012 (second printing) version of the international building code, or any succeeding standard, published by the international code council. (B) The technical standards for accessible parking spaces should meet or exceed section 502, or any successor section, of the “Accessible and Useable Buildings and Facilities” standard, or any succeeding standard, promulgated and amended from time to time by the international code council (commonly cited as ICC/ANSI A117.1). (C) Access aisles should post "Wheelchair Access Aisle Absolutely No Parking" sign, which blocks neither the access aisle nor accessible routes. (D) The technical standards for post- or wall-mounted signs indicating accessible parking spaces and van-accessible parking spaces should meet or exceed section 2B.46 concerning parking, standing, and stopping signs and section 2B.47 concerning design of parking, standing, and stopping of the 2009 version of the manual on uniform traffic control devices, or any succeeding standard, published by the United States federal highway administration. (III) The owner of real property with multiple-family dwellings affixed and with reserved ATTACHMENT B: Appendix I to Model Traffic Code - 22 - parking shall retain the reserved parking as commonly owned for the tenants, owners, or visitors of the individual units within the dwellings. This subparagraph (III) does not prohibit the sale of all commonly owned property so long as the reserved parking is not severed from the other elements. (IV) A person shall not impose restrictions on the use of disabled parking unless specifically authorized by a statute of Colorado and a resolution of or ordinance of a political subdivision of Colorado and notice of the restriction is prominently posted by a sign clearly visible at the parking space. (3) Misuse of reserved parking. (a) A person without a disability shall not park in a parking space on public or private property that is clearly identified by an official sign or by visible pavement markings as being reserved parking or as being a passenger loading zone unless: (I) The person is parking the vehicle for the direct benefit of a person with a disability to enter or exit the vehicle while it is parked in the reserved parking space; and (II) An identifying plate or placard obtained under or authorized by section 42-3-204, C.R.S., is displayed in or on the vehicle if the license plate or placard is currently valid or has expired less than one month before the day the person used the reserved parking. (a.5) A person shall not, while parked in a parking space that requires remuneration, display a remuneration-exempt identifying placard that is not issued to the person. A person who possesses a remuneration-exempt identifying placard shall not allow another person to use the placard to park in a parking space that requires remuneration. (b) (I) A person, after using a reserved parking space that has a time limit, shall not switch motor vehicles or move the motor vehicle to another reserved parking space within one hundred yards of the original parking space within the same eight hours in order to exceed the time limit. (II) (A) Parking in a time-limited reserved parking space for more than three hours for at least three days a week for at least two weeks creates a rebuttable presumption that the person is violating this paragraph (b). (B) This subparagraph (II) does not apply to privately owned parking spaces. (c) A person shall not use reserved parking for a commercial purpose unless: (I) The purpose relates to transacting business with a business the reserved parking is intended to serve; or (II) The owner of private property consents to allow the use. (d) (I) An employee of an entity shall not use an identifying placard issued to the entity unless the employee is transporting persons with disabilities. (II) For a violation of this paragraph (d), the chief operations officer within Colorado of the entity to whom the placard or plate was issued and the offending employee are each subject to the penalties in section 42-4-1701(4)(a)(I)(M), C.R.S. (III) (A) It is an affirmative defense to a violation of this paragraph (d) for the chief operations officer within Colorado that the entity enforces an internal policy controlling access to and use of identifying placards issued to the entity. (B) If the placard used is expired by operation of section 42-3-204(6)(f), C.R.S., it is an affirmative defense to a violation of this paragraph (d) that the person did not know the placard was expired if the person who used the placard was the person to whom it was issued. (e) (I) A person who violates subsection (3)(a) or (3)(a.5) of this section is subject to ATTACHMENT B: Appendix I to Model Traffic Code - 23 - the penalties in section 42-4-1701(4)(a)(VIII) and (IX), C.R.S. (II) A person who violates paragraphs (b) to (d) of this subsection (3) is subject to the penalties in section 42-4-1701(4)(a)(I)(M), C.R.S. (4) Blocking access. (a) Regardless of whether a person displays an identifying plate or placard, a person shall not park a vehicle so as to block reasonable access to curb ramps, passenger loading zones, or accessible routes, as identified in 28 CFR part 36 appendix A, that are clearly identified unless the person is actively loading or unloading a person with a disability. (b) A person who violates this subsection (4) is subject to the penalties in section 42- 4- 1701(4)(a)(VIII), C.R.S. (5) Fraud and trafficking. A person is subject to the penalties in section 42- 4- 1701(4)(a)(X), C.R.S., if the person: (a) Knowingly and fraudulently obtains, possesses, uses, or transfers an identifying placard issued to a person with a disability; (b) Knowingly makes, possesses, uses, alters, or transfers what purports to be, but is not, an identifying placard; or (c) Knowingly creates or uses a device intended to give the impression that it is an identifying placard when viewed from outside the vehicle. (6) Enforcement of reserved parking. (a) A peace officer or authorized and uniformed parking enforcement official may check the identification of a person using an identifying plate or placard in order to determine whether the use is authorized. (b) (I) A peace officer or authorized and uniformed parking enforcement official may confiscate an identifying placard that is being used in violation of this section. (II) The peace officer or parking enforcement official shall send a confiscated placard to the department unless it is being held as evidence for prosecution of a violation of this section. If the tag is being held as evidence, the peace officer or parking enforcement official shall notify the department of the confiscation and pending charges. (III) The department shall hold a confiscated placard for thirty days and may dispose of the placard after thirty days. The department shall release the placard to the person with a disability to whom it was issued when the person signs a statement under penalty of perjury that he or she was unaware that the violator used, or intended to use, the placard in violation of this section. (c) A peace officer and the department may investigate an allegation that a person is violating this section. (d) A person who observes a violation of this section may submit evidence, including a sworn statement, concerning the violation to any law enforcement agency. (e) (I) A peace officer may issue a penalty assessment notice for a violation of paragraph (b), (c), or (d) of subsection (3) of this section by sending it by certified mail to the registered owner of the motor vehicle. The peace officer shall include in the penalty assessment notice the offense or infraction, the time and place where it occurred, and a statement that the payment of the penalty assessment and a surcharge is due within twenty days after the issuance of the notice. The department receives payment of the penalty assessment by the due date if the payment is received or postmarked by the twentieth day after the vehicle owner received the penalty assessment notice. ATTACHMENT B: Appendix I to Model Traffic Code - 24 - (II) If the penalty assessment and surcharge are not paid within twenty days after the date the vehicle owner receives the assessment notice specified in subparagraph (I) of this paragraph (e), the peace officer who issued the original penalty assessment notice shall file a complaint with a court having jurisdiction and issue and serve upon the registered owner of the vehicle a summons to appear in court at the time and place specified. (f) (I) The entering court shall send certification of the entry of judgment for each violation of paragraph (b), (c), or (d) of subsection (3) of this section to the department (II) Upon receipt of certification of an entry of judgment for a violation of paragraph (b), (c), or (d) of subsection (3) of this section, the department shall not register the person's vehicle until all fines imposed for the violations have been paid. (III) Upon receipt of certification or independent verification of an entry of judgment, the department shall revoke an identifying plate or placard as provided in section 42-3- 204(7)(d), C.R.S. (g) (I) Notwithstanding any other provision of this section to the contrary, a holder is liable for any penalty or fine as set forth in this section or section 42-3-204, C.R.S., or for any misuse of an identifying plate or placard, including the use of such plate or placard by any person other than a holder, unless the holder furnishes sufficient evidence that the identifying plate or placard was, at the time of the violation, in the care, custody, or control of another person without the holder's knowledge or consent. (II) A holder may avoid the liability described in subparagraph (I) of this paragraph (g) if, within a reasonable time after notification of the violation, the holder furnishes to the prosecutorial division of the appropriate jurisdiction the name and address of the person who had the care, custody, or control of the identifying plate or placard at the time of the violation or the holder reports the license plate or placard lost or stolen to both the appropriate local law enforcement agency and the department. (h) An employer shall not forbid an employee from reporting violations of this section. A person shall not initiate or administer any disciplinary action against an employee because the employee notified the authorities of a possible violation of this section if the employee has a good-faith belief that a violation has occurred. (i) A landlord shall not retaliate against a tenant because the tenant notified the authorities of a possible violation of this section if the tenant has a good-faith belief that a violation has occurred. (j) In order to stop a vehicle from blocking access or illegally using reserved parking, a peace officer may order a vehicle that is used to violate this subsection (4) to be towed to an impound lot or a vehicle storage location. The peace officer shall verify that the vehicle has not been stolen and report the fact of the tow to the department of revenue in accordance with section 42-4-1804, C.R.S. (k) The local authority issuing a citation under this section, or under any local ordinance defining a substantially equivalent offense, shall transfer one-half of the fine to the state treasurer, who shall credit the fine to the disabled parking education and enforcement fund created in section 42-1-226, C.R.S. 1213. Parking in electric motor vehicle charging stations. ATTACHMENT B: Appendix I to Model Traffic Code - 25 - (1)(a) For the purposes of this section, “official sign” means a sign identifying a parking space for electric motor vehicle charging that cites this section or the equivalent local ordinance and that clearly displays the penalties for violating this section or the equivalent local ordinance. (b) The owner of public or private property may install official signs that identify a parking space as a dedicated charging station. The installation operates as a waiver of any objection the owner may assert concerning enforcement of this section by a peace officer. A peace officer may enforce this section on private property. (2)(a) A person shall not park a motor vehicle within a parking space designated for charging a plug-in electric motor vehicle unless the motor vehicle is a plug-in electric motor vehicle. (b) Except as provided in subsection (3) of this section, a person shall not park a plug-in electric motor vehicle in a parking space with a dedicated charging connector for the parking space unless the person is parked in the charging station for the purpose of charging the plug-in electric motor vehicle. (c) A plug-in electric motor vehicle is rebuttably presumed to not be charging if the motor vehicle is: (I) Parked in a charging station parking space with a dedicated charging connector for the space; and (II) Not continuously and electrically connected to the charger for longer than thirty minutes. (3)(a) A person may park a plug-in electric motor vehicle at a charging after the motor vehicle is fully charged in a parking lot: (I) That serves a lodging business if the person is a client of the lodging business and has parked the plug-in electric motor vehicle in the lot to charge overnight; (II) That serves an airport if the person is a client of the airport and has parked the plug- in electric motor vehicle in the lot to charge when traveling; or (III) Between the hours of 11 p.m. and 5 a.m. (b) The exception in subsection (3)(a) of this section is an affirmative defense to a violation of subsection (2) of this section. (4) A person who violates this section commits a class B traffic infraction. 1409. Compulsory insurance – penalty – legislative intent (8.5) If an operator of a motor vehicle or low-power scooter uses a cell phone or other electronic device to present evidence of a complying policy or certificate of self-insurance in full force and effect, as described in paragraph (b) of subsection (3) of this section: (a) The law enforcement officer to whom the operator presents the device shall not explore the contents of the cell phone or other electronic device other than to examine the operator's policy or certificate of self-insurance; and (b) The law enforcement officer to whom the operator presents the device and any law enforcement agency that employs the officer are immune from any civil damages resulting from the officer dropping or otherwise unintentionally damaging the cell phone or other electronic device. (9) It is the intent of the general assembly that the money collected as fines imposed pursuant subsections (4)(a) and (4)(b) of this section are to be used for the supervision of the public ATTACHMENT B: Appendix I to Model Traffic Code - 26 - highways. The general assembly determines that law enforcement agencies that patrol and maintain the public safety on public highways are supervising the public highways. The general assembly further determines that an authorized agent is supervising the public highways through his or her enforcement of the requirements for demonstration of proof of motor vehicle insurance pursuant to section 42-3-105(1)(d), C.R.S. Therefore, of the money collected from fines pursuant to subsections (4)(a) and (4)(b) of this section, fifty percent shall be transferred to the law enforcement agency that issued the ticket for a violation of this section. The remaining fifty percent of the money collected from fines for violations subsection (4)(a) or (4)(b) of this section shall be transmitted to the authorized agent for the county in which the violation occurred. 1410.5 Providing false evidence of proof of motor vehicle insurance – penalty (1) It is unlawful for any person to offer, use, or attempt to offer or use any means, manner, type of paper, document, card, digital image, or any other proof of motor vehicle liability insurance required by state law to a law enforcement officer, judge, magistrate, prosecutor, or employee of a court clerk’s office with the intent to mislead that official regarding the status or any motor vehicle liability insurance policy in the course of an official investigation, or for purposes of dismissing any charge under section 1409 or reducing any penalty imposed under section 1409, where such means, manner, type, or kind of proof of insurance offered or used, or that is attempted to be offered or used, is known or should be known by the person to be false, fraudulent, or incorrect in any material manner or way, or which is known or should be known by the person to be altered, forged, defaced, or changed in any material respect, unless such changes are required or authorized by law. (2) Violation of this section is a class B traffic infraction, punishable by a fine of up to five hundred dollars. (3) A person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of this section shall be deemed, but only for purposes of section 18-1-408 C.R.S. to have been convicted of a criminal offense. 1412. Operation of bicycles and other human-powered vehicles. (14) (a) (I) A person may ride a class 1 or class 2 electrical assisted bicycle on a bike or pedestrian path where bicycles are authorized to travel. (II) A local authority may prohibit the operation of a class 1 or class 2 electrical assisted bicycle on a bike or a pedestrian path under its jurisdiction. (b) A person shall not ride a class 3 electrical assisted bicycle on a bike or pedestrian path unless: (I) The path is within a street or highway; or (II) The local authority permits the operation of a class 3 electrical assisted bicycle on a path under its jurisdiction. (15) (a) A person under sixteen years of age shall not ride a class 3 electrical assisted bicycle upon any street, highway, or bike or pedestrian path; except that a person under sixteen years of age may ride as a passenger on a class 3 electrical assisted bicycle that is designed to accommodate passengers. (b) A person shall not operate or ride as a passenger on a class 3 electrical assisted bicycle unless: ATTACHMENT B: Appendix I to Model Traffic Code - 27 - (I) Each person under eighteen years of age is wearing a protective helmet of a type and design manufactured for use by operators of bicycles; (II) The protective helmet conforms to the design and specifications set forth by the United States consumer product safety commission or the American Society for Testing and Materials; and (III) The protective helmet is secured properly on the person’s head with a chin strap while the class 3 electrical assisted bicycle is in motion. (c) A violation of subsection (15)(b) of this section does not constitute negligence or negligence per se in the context of any civil personal injury claim or lawsuit seeking damages. 1416. Failure to present a valid transit pass or coupon - fare inspector authorization – definitions. (1) A person commits failure to present a valid transit pass or coupon if the person occupies, rides in, or uses a public transportation vehicle without paying the applicable fare or providing a valid transit pass or coupon. (2) A person shall not occupy, ride in, or use a public transportation vehicle without possession of proof of prior fare payment. A person shall present proof of prior fare payment upon demand of a fare inspector appointed or employed pursuant to subsection (4) of this section, a peace officer, or any other employee or agent of a public transportation entity. (3) A violation of this section is a class B traffic infraction and is punishable by a fine of seventy-five dollars. Notwithstanding any other provision of law, fines for a violation of subsection (1) of this section shall be retained by the clerk of the court in the city and county of Denver upon receipt by the clerk for a violation occurring within that jurisdiction, or transmitted to the state judicial department if the fine is receipted by the clerk of the court of any other county. (4) (a) Public transportation entities may appoint or employ, with the power of removal, fare inspectors as necessary to enforce the provisions of this section. The employing public transportation entity shall determine the requirements for employment as a fare inspector. (b) A fare inspector appointed or employed pursuant to this section is authorized to enforce the provisions of this section while acting within the scope of his or her authority and in the performance of his or her duties. A fare inspector is authorized to issue a citation to a person who commits failure to provide a valid transit pass or coupon in violation of this section. The fare inspector shall issue a citation on behalf of the county in which the person occupying, riding in, or using a public transportation vehicle without paying the applicable fare is located at the time the violation is discovered. The public transportation entity whose fare inspector issued the citation shall timely deliver the citation to the clerk of the county court for the jurisdiction in which the accused person is located at the time the violation is discovered. (5) As used in this section, unless the context otherwise requires: (a) "Proof of prior fare payment" means: (I) A transit pass valid for the day and time of use; (II) A receipt showing payment of the applicable fare for use of a public ATTACHMENT B: Appendix I to Model Traffic Code - 28 - transportation vehicle during the day and time specified in the receipt; or (III) A prepaid ticket or series of tickets showing cancellation by a public transportation entity used within the day and time specified in the ticket. (b) "Public transportation entity" means a mass transit district, a mass transit authority, or any other public entity authorized under the laws of this state to provide mass transportation services to the general public. (c) "Public transportation vehicle" means a bus, a train, a light rail vehicle, or any other mode of transportation used by a public transportation entity to provide transportation services to the general public. (d) "Transit pass" means any pass, coupon, transfer, card, identification, token, ticket, or other document, whether issued by a public transportation entity or issued by an employer to employees pursuant to an agreement with a public transportation entity, used to obtain public transit. 1705. Person arrested to be taken before the proper court (1) Whenever a person is arrested for any violation of this article punishable as a misdemeanor, the arrested person shall be taken without unnecessary delay before a county judge who has jurisdiction of such offense as provided by law, in any of the following cases: (a) When a person arrested demands an appearance without unnecessary delay before a judge; (b) When the person is arrested and charged with an offense under this article causing or contributing to an accident resulting in injury or death to any person; (c) When the person is arrested and charged with DUI, DUI per se, or UDD; (d) When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injuries, or damage to property; (e) In any other event when the provisions of section 42-4-1701 (5)(b) and (5)(c) apply and the person arrested refuses to give a written promise to appear in court as provided in section 42-4-1707. (2) Whenever any person is arrested by a police officer for any violation of this article punishable as a misdemeanor and is not required to be taken before a county judge as provided in subsection (1) of this section, the arrested person shall, in the discretion of the officer, either be given a written notice or summons to appear in court as provided in section 42-4-1707 or be taken without unnecessary delay before a county judge who has jurisdiction of such offense when the arrested person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court. The court shall provide a bail bond schedule and available personnel to accept adequate security for such bail bonds. (2.5) In any case in which the arrested person that is taken before a county judge pursuant to subsection (1) or (2) of this section is a child, as defined in section 19-1-103 (18), C.R.S., the provisions of section 42-4-1706 (2) shall apply. (3) Any other provision of law to the contrary notwithstanding, a police officer may place a person who has been arrested and charged with DUI, DUI per se, or UDD and who has been given a written notice or summons to appear in court as provided in section 42-4- 1707 in a state-approved treatment facility for alcohol use disorders even though entry or other ATTACHMENT B: Appendix I to Model Traffic Code - 29 - record of such arrest and charge has been made. Placement is governed by article 81 of title 27, except where in conflict with this section. 1707. Summons and complaint or penalty assessment notice for misdemeanors, petty offenses, and misdemeanor traffic offenses – release - registration (1)(a) Whenever a person commits a violation of this title punishable as a misdemeanor, petty offense, or misdemeanor traffic offense, other than a violation for which a penalty assessment notice may be issued in accordance with the provisions of section 1701(5)(a), and such person is not required by the provisions of section 42-4-1705, C.R.S., to be arrested and taken without unnecessary delay before a county judge, the peace officer may issue and serve upon the defendant a summons and complaint which must contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the statute alleged to have been violated, a brief description of the offense, the date and approximate location thereof, and the date the summons and complaint is served on the defendant; direct the defendant to appear in a specified county court at a specified time and place; and be signed by the peace officer. The summons and complaint submitted to the department of revenue and the county court before which appearance is required, either by paper or electronic submission, must contain the name and address of the defendant, the license of the vehicle involved, if any, and the number of the defendant's driver's license, if any. (b) A summons and complaint issued and served pursuant to paragraph (a) of this subsection (1) on a minor under the age of eighteen years shall also contain or be accompanied by a document containing an advisement to the minor that the minor's parent or legal guardian, if known, shall be notified by the court from which the summons is issued and be required to appear with the minor at the minor's court hearing or hearings. (1) If a peace officer issues and serves a summons and complaint to appear in any court upon the defendant as described in subsection (1) of this section, any defect in form in such summons and complaint regarding the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, the date and approximate location thereof, and the date the summons and complaint is served on the defendant may be cured by amendment at any time prior to trial or any time before verdict or findings upon an oral motion by the prosecuting attorney after notice to the defendant and an opportunity for a hearing. No such amendment shall be permitted if substantial rights of the defendant are prejudiced. No summons and complaint shall be considered defective so as to be cause for dismissal solely because of a defect in form in such summons and complaint as described in this subsection (2). (3)(a) Whenever a penalty assessment notice for a misdemeanor, petty offense, or misdemeanor traffic offense is issued pursuant to section 1701(5)(a), the penalty assessment notice that shall be served upon the defendant by the peace officer shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the statute alleged to have been violated, a brief description of the offense, the date and approximate location thereof, the amount of the penalty prescribed for the offense, the amount of the surcharges thereon ATTACHMENT B: Appendix I to Model Traffic Code - 30 - pursuant to sections 24-4.1- 119(1)(f), 24-4.2-104(1), and 24-33.5-415.6, C.R.S., the number of points, if any, prescribed for the offense pursuant to section 42-2-127, and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in a specified county court at a specified time and place in the event the penalty and surcharges thereon are not paid; shall be signed by the peace officer; and shall contain a place for the defendant to elect to execute a signed acknowledgment of guilt and an agreement to pay the penalty prescribed and surcharges thereon within twenty days, as well as such other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint, should the prescribed penalty and surcharges thereon not be paid within the time allowed in section 1701. (a.5) A penalty assessment notice issued and served pursuant to paragraph (a) of this subsection (3) on a minor under the age of eighteen years shall also contain or be accompanied by a document containing: (I) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor; (II) Preprinted signature lines following the declaration on which the reviewing person described in subparagraph (I) of this paragraph (a.5) shall affix his or her signature and for a notary public to duly acknowledge the reviewing person's signature; and (III) An advisement to the minor that: (A) The minor shall, within seventy-two hours after service of the penalty assessment notice, inform his or her parent or legal guardian that the minor has received a penalty assessment notice; (B) The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have his or her signature duly acknowledged by a notary public; and (C) Noncompliance with the requirement set forth in sub-subparagraph (B) of this subparagraph (III) shall result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to sections 42-4-1710(1) (b), 42-4-1710(1.5), and 42-4- 1716(4), C.R.S. (b) One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the supervisor within the department and such other copies sent as may be required by rule of the department to govern the internal administration of this article between the department and the Colorado state patrol. (4)(a) The time specified in the summons portion of said summons and complaint must be at least twenty days after the date such summons and complaint is served, unless the defendant shall demand an earlier court appearance date. (b) The time specified in the summons portion of said penalty assessment notice shall be at least thirty days but not more than ninety days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier court appearance date. 1718. Electronic transmission of data—standards. A municipal court, county court, district court, or any court with jurisdiction over violations of traffic rules and laws shall not dismiss any charges or refuse to enforce any traffic law or rule solely because a penalty assessment notice or summons and complaint issued pursuant to the standards established in this section is in electronic form or contains an electronic ATTACHMENT B: Appendix I to Model Traffic Code - 31 - signature. 1719. Violations--commercial driver's license--compliance with federal regulation. As to a holder of a commercial driver's license as defined in section 42-2-402 or the operator of a commercial motor vehicle as defined in section 42-2-402, a court shall not defer imposition of judgment or allow a person to enter into a diversion program that would prevent a driver's conviction for any violation, in any type of motor vehicle, of a traffic control law from appearing on the driver's record. APPENDICES DEFINITIONS (5) "Authorized agent" means the county clerk and recorder in each county in the state of Colorado, the clerk and recorder in the city and county of Broomfield, and the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform the functions related to the registration of, titling of, or filing of liens on motor vehicles, wheeled trailers, semitrailers, trailer coaches, special mobile machinery, off-highway vehicles, and manufactured homes. (6) "Authorized emergency vehicle" means such vehicles of the fire department, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles; said term also means the following if equipped and operated as emergency vehicles in the manner prescribed by state law: (a) Privately owned vehicles as are designated by the state motor vehicle licensing agency necessary to the preservation of life and property; or (b) Privately owned tow trucks approved by the public utilities commission to respond to vehicle emergencies. (7.5) "Autocycle" means a three-wheeled motorcycle that does not use handlebars or any other device that is directly connected to a single front wheel to steer and in which the driver and each passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all occupants that constitute a safety belt system, as defined in section 42-4-237(1)(b), C.R.S. For purposes of this subsection (7.5), “partly enclosed seating area” means a seating area that is entirely or partly surrounded on the sides by the frame or body of a vehicle but is not fully enclosed. (7.7) “Automated driving system” means hardware and software that are collectively capable, without any intervention or supervision by a human operator, of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis, described as levels 4 and 5 ATTACHMENT B: Appendix I to Model Traffic Code - 32 - automation in SAE International’s standard J3016, as it existed in September 2016. (8.5) "BAC" means either: (a) A person's blood alcohol content, expressed in grams of alcohol per one hundred milliliters of blood as shown by analysis of the person's blood; or (b) A person's breath alcohol content, expressed in grams of alcohol per two hundred ten liters of breath as shown by analysis of the person's breath. (9) "Base jurisdiction" means the state, province, or other jurisdiction which receives, apportions, and remits to other jurisdictions moneys paid for registration of a vehicle pursuant to a reciprocal agreement governing registration of vehicles. (10.5) "Bulk electronic transfer" means the mass electronic transfer of files, updated files, or portions thereof, in the same form as those files exist within the department. (16.5) “Colorado DRIVES” is an acronym that stands for “Colorado driver’s license, record, identification, and vehicle enterprise solution” and means the driver and vehicle services information technology system that the department uses to provide driver, identification, and vehicle title registration services to Colorado residents. (27.3) "DUI" means driving under the influence, as defined in section 42-4-1301(1)(f), C.R.S., and use of the term shall incorporate by reference the offense described in section 42-4- 1301(1)(a), C.R.S. (27.5) "DUI per se" means driving with a BAC of 0.08 or more, and use of the term shall incorporate by reference the offense described in section 42-4-1301(2)(a), C.R.S. (27.7) "DWAI" means driving while ability impaired, as defined in section 42-4-1301(1)(g) C.R.S., and use of the term shall incorporate by reference the offense described in section 42- 4- 1301(1)(b), C.R.S. (27.8) (a) “Dynamic driving task” means all of the following aspects of driving: (I) Operational aspects, including steering, braking, accelerating, and monitoring the vehicle and the roadway; and (II) Tactical aspects, including responding to events, determining when to change lanes, turning, using signals, and other related actions. (b) “Dynamic driving task” does not include strategic aspects, including determining destinations or way points, of driving. ATTACHMENT B: Appendix I to Model Traffic Code - 33 - (28) "Effective date of registration period certificate" means the month in which a fleet owner must register all fleet vehicles. (28.5) "Electrical assisted bicycle" means a vehicle having three wheels and fully operable pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical assisted bicycles are further required to conform to one of three classes as follows: (a) “Class 1 electrical assisted bicycle” means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour. (b) “Class 2 electrical assisted bicycle” means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour. (c) “Class 3 electrical assisted bicycle” means an electrical assisted bicycle equipped with a motor 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. (28.7) "Electric personal assistive mobility device" or "EPAMD" means a self-balancing, nontandem two-wheeled device, designed to transport only one person, that is powered solely by an electric propulsion system producing an average power output of no more than seven hundred fifty watts. (39.5) "Golf car" means a self-propelled vehicle not designed primarily for operation on roadways and that has: (a) A design speed of less than twenty miles per hour; (b) At least three wheels in contact with the ground; (c) An empty weight of not more than one thousand three hundred pounds; and (d) A carrying capacity of not more than four persons. (47.3) “Last-known address” means: (a) For notifications regarding motor vehicles, the most recent mailing address provided on a vehicle registration or vehicle registration mailing address change notification provided in accordance with section 42-3-113, C.R.S., or the corrected address as reported by an address correction service licensed by the United States postal service; (b) For notifications regarding driving privileges, driver’s licenses, or identification cards when there is a driver’s license or identification card on file with the department, the most recent of either: (I) The mailing address provided by an applicant for a driver’s license or identification card; (II) The mailing address stated on an address change notification provided to the department pursuant to subsection (47.3)(a) of this section; or ATTACHMENT B: Appendix I to Model Traffic Code - 34 - (III) The corrected address as reported by an address correction service licensed by the United States postal service; (c) For notifications regarding driving privileges or identification cards when there is no driver’s license or identification card on file with the department, the most recent address shown on any other record on file with the department pursuant to this article 1 and as may be corrected by an address correction service licensed by the United States postal service. (47.5) "Lien" means a security interest in a motor or off-highway vehicle under article 9 of title 4, C.R.S., and this article. (48) "Local authorities" means every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state. (48.5) (a) "Low-power scooter" means a self-propelled vehicle designed primarily for use on the roadways with not more than three wheels in contact with the ground, no manual clutch, and either of the following: (I) A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion; or (II) A wattage not exceeding four thousand four hundred seventy-six if powered by electricity. (b) "Low-powe r scooter" shall not include a toy vehicle, bicycle, electrical assisted bicycle, wheelchair, or any device designed to assist mobility-impaired people who use pedestrian rights- of-way. (48.6) "Low-speed electric vehicle" means a vehicle that: (a) Is self-propelled utilizing electricity as its primary propulsion method; (b) Has at least three wheels in contact with the ground; (c) Does not use handlebars to steer; and (d) Exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen- character vehicle identification number as provided in 49 CFR 565. (68.5)(a) "Persistent drunk driver" means any person who: (I) Has been convicted of or had his or her driver's license revoked for two or more alcohol- related driving violations; (II) Continues to drive after a driver's license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses; (III) Drives a motor vehicle while the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred ATTACHMENT B: Appendix I to Model Traffic Code - 35 - milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving; or (IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by section 18-3-106(4) or 18-3-205(4), C.R.S., or section 42- 4-1301.1(2), C.R.S. (b) Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under this title for multiple alcohol- or drug-related driving offenses, including, but not limited to, penalties imposed for violations under sections 42-2-125(1)(g) and (1) (i) and 42-2-202(2), C.R.S. (88) “School bus" means a motor vehicle that is designed and used specifically for the transportation of school children to or from a public or private school or a school-related activity, whether the activity occurs within or without the territorial limits of any district and whether or not the activity occurs during school hours. “School bus” does not include informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the transportation of school children to or from a public or private school or a school- related activity. (88.5) (a) "School vehicle" means a motor vehicle, including but not limited to a school bus, that is owned by or under contract to a public or private school and operated for the transportation of school children to or from school or a school-related activity. (b) "School vehicle" does not include: (I) Informal or intermittent arrangements, such as sharing of actual gasoline expense or participation in a carpool, for the transportation of school children to or from a public or private school or a school-related activity; or (II) A motor vehicle that is owned by or under contract to a child care center, as defined in section 26-6-102 (5), C.R.S., and that is used for the transportation of children who are served by the child care center. (93.5)(a) "Special mobile machinery" means machinery that is pulled, hauled, or driven over a highway and is either: (I) A vehicle or equipment that is not designed primarily for the transportation of persons or cargo over the public highways; or (II) A motor vehicle that may have been originally designed for the transportation of persons or cargo over the public highways, and has been redesigned or modified by the addition of mounted equipment or machinery, and is only incidentally operated or moved over the public highways. (b) "Special mobile machinery" includes vehicles commonly used in the construction, maintenance, and repair of roadways, the drilling of wells, and the digging of ditches. ATTACHMENT B: Appendix I to Model Traffic Code 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: June 3, 2021 SUMMARY: A request to extend approvals for a Major Design and Development Plan and Alternative Equivalent Compliance application (collectively the “Development Approvals”) was received by the property owners of 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 are for a hotel project, currently set to expire on June 13, 2021. This matter was discussed at the May 25, 2021, Town Council meeting. The discussion was focused on the Avon Municipal Code updates that have taken place since the project was originally approved in December 2016. Avon’s Inclusionary Housing Requirements would result in a significant impact if applied to the Development Approvals as codified. Additional time is being requested by the property owner to better understand the Inclusionary Housing formula, resultant requirements, and potential solutions. Council can approve multiple extensions, and extensions for periods deemed appropriate to the Town. In this case I am recommending that Town Council grant the revised request for a six (6) month extension. This will allow the project team ample opportunity to work with staff on an acceptable path forward. It also provides more time to assess the dynamics with building material pricing. OPTIONS: • Approve the revised six (6) month request; • Approve request with conditions; • Approve a modified duration; or • Deny the request. 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 RECOMMENDED MOTION: “I move to approve a six (6) month extension to the Development Approvals for the Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision, now set to expire September 15, 2021, with direction to address and incorporate Inclusionary Zoning, Landscaping, Electric Vehicle Charging, and Solar Ready code provisions.” Thank you, Matt 970-300 -4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney RE: Resolution 21-15 – Remote Participation Policy DATE: May 31, 2021 SUMMARY: Resolution 21-14 adopts updates to the Climate Action Plan for the Eagle County Community. BACKGROUND Throughout 2016, a group of 30 stakeholders representing local governments, businesses, schools, and nonprofits from throughout Eagle County, collaboratively worked together to create a community-wide climate action plan to help guide greenhouse gas emission reductions into the future. The resulting Climate Action Plan for the Eagle County Community recommended greenhouse gas reduction targets and actions that can be integrated with the Town of Avon’s other plans, including but not lim ited to the Strategic Plan, Comprehensive Plan, Transportation Master Plan, and where each of these plans may include opportunities to reduce greenhouse gas emissions. The Town adopted the Climate Action Plan in December 2016 pursuant to Resolution 16-38. The Climate Action Plan for the Eagle County Community recommended greenhouse gas emission reduction targets of 25% by 2025 and a minimum of 80% by 2050, and recommended climate action goals and strategies by sector, and key recommendations for community leaders and decision makers to take proactive steps to reduce climate pollution and help create positive solutions for future generations. The Climate Action Plan was updated in December 2020 (the “Climate Action Plan, Update 2020”). The Climate Action Plan, Update 2020 adds interim targets and sets shared community goals to reduce greenhouse gas emissions 25% by 2025, 50% by 2030, 70% by 2045, and 80% reduction by 2050 (baseline 2014). The Climate Action Plan, Update 2020 also provides revised priorities for climate actions, for consideration by community leaders and decision makers in creating positive solutions for future generations. PROPOSED RESOLUTION: Resolution 21-14 adopts the Climate Action Plan, Update 2020. FINANCIAL CONSIDERATIONS: The Town has already taken steps to reduce its greenhouse gas emissions. While it is possible Town Council will choose to appropriate money in the future to pursue climate related priorities, Resolution 21-14 itself does not impose a financial obligation on the Town. TOWN MANAGER’S COMMENTS: I believe adoption of Resolution 21-14 is consistent with the Town of Avon’s goal and policies to support the Climate Action Collaborative. The goal to reduce greenhou se gas emissions by 50% by 2030 is very aggressive and largely dependent upon improvements in electric vehicle technology and manufacturing that does not exist today and aggressive conversion of new construction and existing buildings to electrical heating. There is no direct financial obligation or penalty on the Town of Avon for failing to meet the 50% greenhouse gas reduction goal by 2030. Rather, Resolution 21-14 is aspirational and both supports and endorses the stated greenhouse gas reduction goals of the Climate Action Collaborative. PROPOSED MOTION: “I move to approve Resolution 21-14 thereby adopting the Climate Action Plan, Update 2020.” Thank you, Paul ATTACHMENT A: Resolution 21-14 Res 21-14 Adopting Climate Action Plan 2020 Update Page 1 of 2 RESOLUTION 21-14 ADOPTING CLIMATE ACTION PLAN , UPDATE 2020 WHEREAS, throughout 2016, a group of 30 stakeholders representing local governments, businesses, schools, and nonprofits from throughout Eagle County, collaboratively worked together to create a community-wide climate action plan to help guide greenhouse gas emission reductions into the future; WHEREAS, the resulting Climate Action Plan for the Eagle County Community recommended greenhouse gas reduction targets and actions that can be integrated with the Town of Avon’s other plans, including but not limited to the Strategic Plan, Comprehensive Plan, Transportation Master Plan, and where each of these plans may include opportunities to reduce greenhouse gas emissions; and WHEREAS, the Town of Avon recognizes that scientific evidence for warming of the earth’s climate system from human activities is unequivocal. Combustion of fossil fuels such as coal, petroleum and natural gas is increasing the concentration greenhouse gases in the atmosphere, pushing average global temperatures higher and changing our mountain ecosystems–making winters warmer and shorter, summers longer and hotter, and increasing the risks of wildfires, droughts and floods; and WHEREAS, pursuant to Resolution 16-38, the Town of Avon adopted the new Climate Action Plan for the Eagle County Community to help the Town of Avon ensure a sustainable future by protecting the natural environment and recreational economy, reducing long-term financial expenses, creating more affordable solutions for residents and businesses, and supporting a new post carbon energy economy with less climate pollution and more clean renewable energy; and WHEREAS, the Climate Action Plan for the Eagle County Community recommended greenhouse gas emission reduction targets of 25% by 2025 and a minimum of 80% by 2050, and recommended climate action goals and strategies by sector, and key recommendations for community leaders and decision makers to take proactive steps to reduce climate pollution and help create positive solutions for future generations; and WHEREAS, the update to the Climate Action Plan dated December, 2020, attached hereto as Exhibit A, (the “Climate Action Plan, Update 2020”) adds interim targets and sets shared community goals to reduce GHG emissions 25% by 2025, 50% by 2030, 70% by 2045, and 80% reduction by 2050 (baseline 2014). The Climate Action Plan, Update 2020 also provides revised priorities for climate actions, for consideration by community leaders and decision makers in creating positive solutions for future generations. ATTACHMENT A: Res 21-14 Res 21-14 Adopting Climate Action Plan 2020 Update Page 2 of 2 NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1, The Avon Town Council hereby adopts the Climate Action Plan, Update 2020, and endeavors to meet the goals of the Climate Action Plan, Update 2020 through ongoing Town of Avon initiatives, integration with the Town of Avon and community plans, and through promotion of and participation in community actions that reduce GHG emissions. Section 2. The Avon Town Council hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the Town of Avon, State of Colorado. ADOPTED this 8th day of June 2021. AVON TOWN COUNCIL By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk ATTACHMENT A: Res 21-14 Res 21-14 Adopting Climate Action Plan 2020 Update Page 3 of 2 EXHIBIT A: Climate Action Plan 2020 Update ATTACHMENT A: Res 21-14 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/ 17 970-300 -4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney Eric Heil, Town Manager RE: Resolution 21-15 – Remote Participation Policy DATE: May 31, 2021 SUMMARY: The attached Resolution and Amended and Restated Simplified Rules of Order For Avon Town Council Meetings establishes new guidelines by which Town Council members can participate in Town Council meetings through Zoom or similar video platforms. It is still the policy that remote attendance by Town Council members is the exception rather than the rule. BACKGROUND: In response to the spread of the COVID-19 virus , the Avon Town Council and the public began attending all Town Council meetings through online video platforms in March 2020. Although this format certainly had glitches of varying degrees, the experience demonstrated remote video participation is a viable method by which some Town Council business can be conducted. In 2015, the Town adopted a remote attendance policy, which enables Town Council members to attend meetings remotely and vote on resolution and ordinance. The attached Resolution supersedes the 2015 policy as this policy did not contemplate some of the advantages and challenges associated with video meetings. REMOTE ATTENDANCE POLICY: The new Remote Attendance Policy is incorporated into the Simplified Rules of Order in Section IV. It is the intent of the Remote Attendance that electronic participation shall be an infrequent or occasional substitution for physical in-person attendance by a Town Council member at Town Council meetings. Participation via remote attendance is allowed by video means, such as Zoom, Webex Microsoft Teams or similar platform, which is clear, uninterrupted and allows two way communication for the participating of a Town Council member. A Council member is only permitted to participate electronically under the following circumstances: • Travelling • Illness • Unusual or unforeseen circumstances that do not allow in-person attendance While a Town Council member participating electronically shall be entitled to otherwise fully participate in the meeting. The revised Remote Attendance Policy allows Council members to fully participate in all Council matters, including quasi-judicial hearings and executive sessions. OPTIONS: Council may wish to consider and determine whether remote attendance in quasi-judicial hearings and executive sessions is appropriate policy. Remote attendance facilitates participation by all Council members which is beneficial. Remote attendance also has the potential to frustrate the efficiency and effectiveness of such hearings and executive sessions. Council may also wish to consider options on how to best manage remote participation by a Council member. Extraneous noise when remote attendees are unmuted is a significant and well-known disruption to the conduct of meetings, which will be compounded and (literally) amplified in a public Council chamber setting. Some communities require remote attendees to remain muted until called upon and unmuted by the host or require such remote attendee to use the “raise hand” function and then are unmuted by the host when recognized. Page 2 of 2 FINANCIAL CONSIDERATIONS: Council provided direction to Staff to research and implement improvements to the Town Council Chambers to enable remote attendance by Council members and the general public. Those improvements are expected to be completed and ready for operation on the June 8th Council meeting. The total cost of those improvements are approximately $30,000. PROPOSED MOTION: “I move to approve Resolution 21-15 thereby adopting an Amended and Restated Simplified Rules of Order For Avon Town Council Meetings to Reflect a Remote Attendance Policy.” Thank you, Paul and Eric ATTACHMENT A: Resolution 21-15 Res 21-15 Amending and Readopting Simplified Rules of Order Page 1 of 2 RESOLUTION 21-15 AMENDING AND RE-ADOPTING THE SIMPLIFIED RULES OF ORDER FOR AVON TOWN COUNCIL MEETINGS TO REFLECT REMOTE ATTENDANCE POLICY WHEREAS, Section 5.1 of the Avon Charter states, “The Council shall determine the rules of procedure governing meetings.” and WHEREAS, the Avon Town Council adopted Simplified Rules of Order for Avon Town Council Meetings on January 28, 2014; and WHEREAS, the Avon Town Council adopted a Remote Attendance Policy on February 24, 2015; and WHEREAS, the Avon Town Council desires to amend the Simplified Rules of Order for Avon Town Council Meetings to formally adopt the Avon Town Council’s policy permit remote attendance of members of Town Council under limited circumstances; and WHEREAS, it is the intent of Avon Town Council that this Resolution 21-15 shall replace the provisions of the 2015 Remote Attendance Policy; and WHEREAS, the Avon Town Council finds that amendment and re-adoption of Simplified Rules of Order will promote meeting efficiency as well as promote the understanding and transparency of Council meeting procedures for the general public; and WHEREAS, the Avon Town 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, that that the Simplified Rules of Order for Avon Town Council Meetings attached hereto as Exhibit A are hereby amended and re-adopted. ADOPTED this 8th day of June 2021. AVON TOWN COUNCIL By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk ATTACHMENT A: Res 21-15 Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 8, 2021 by Resolution No. 21-15 Page 1 of 6 Avon Town Council Simplified Rules of Order These Simplified Rules of Order establish rules and procedures for Avon Town Council meetings. The intent is to set forth simplified rules which are readily accessible and usable by the Avon Town Council members and understandable by the general public. The provisions of the Home Rule Charter, the Avon Municipal Code, or any ordinance adopted by the Avon Town Council shall govern and apply in the event there is any conflict with these Simplified Rules of Order. Unless otherwise indicated, any reference to “Mayor” shall also mean the “Mayor Pro- Tem” or “Acting Mayor” in the absence of the Mayor, as set forth in the Avon Home Rule Charter. I. Standards of Conduct for Avon Town Meetings: The Avon Town Council finds that the foundation of municipal democracy rests on open, respectful and informed discussion and debate balanced with the necessary efficiency required to take action in the public interest. Reasonable persons will often disagree on many public matters which arise before elected and appointed officials. The process of discussion and debate is essential to the ability of elected and appointed officials to render the best decisions possible for the Avon community. The following standards of conduct are considered the minimum standards for elected and appointed officials. A. Elected and appointed officials shall conduct themselves in a mature manner that is becoming of public officials, shall respect one another and shall respect members of the public. B. Elected and appointed officials shall refrain from profanity, rude behavior or personal attacks and shall promptly apologize to both the board and the recipient of any such behavior in the event of a temporary lapse of appropriate behavior. C. The Mayor shall be responsible for maintaining civility, decorum and order throughout the meeting. D. Members of the Avon Town Council shall not communicate between or amongst themselves by text message, e-mails or other forms of electronic communication during a Council meeting. E. Members of the Avon Town Council shall promptly disclose and announce the sending or receipt by a Council member of a text message, e-mail or other form of electronic communication during a Town Council meeting, to or from any person, for any such communication that concerns a matter on the Town Council agenda for that meeting. II. Mayor: Every meeting of the Avon Town Council shall be presided over by the Mayor. If the Mayor is absent the Mayor Pro-Tem shall preside over the meeting. If the Mayor has a conflict of interest on a matter then the Mayor Pro-Tem shall preside over the meeting for such matter. If the Mayor and Mayor Pro-Tem are absent, or if they both have conflict of interest on a matter, then a quorum of Council members shall appoint an Acting Mayor by motion who shall then preside over the meeting or shall preside over such matter for which the Mayor and Mayor Pro-Tem have conflict of interest. The Mayor shall strive to moderate Council meetings with impartiality, shall strive to allow input from all other Council members on matters before Exhibit A to Res. 21-15 Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 8, 2021 by Resolution No. 21-15 Page 2 of 6 expressing his or her opinion, and shall refrain from making a motion or seconding a motion until it is apparent that no other member of the Council will do so. III. Agendas: The following rules and procedures shall apply to agendas: A. The Mayor shall determine the agenda in consultation with the Town Manager. The Town Council may direct items to be included on an agenda. Individual Council members may contact the Mayor to request inclusion of a matter on an agenda. The Mayor shall consult with the Town Manager and exercise discretion to determine if the matter should be included on the agenda as a discussion item or an action item. B. After roll call, the Council shall approve the agenda by motion by a majority of the quorum present with any additions or deletions Council deem s appropriate. C. The Council may take action by motion at any time during a meeting to schedule discussion or action items on a future agenda which shall be scheduled by Town Staff. D. Noticing for action items and public hearings shall be in accordance with applicable law. IV. Remote Attendance Policy: The preference and expectation of all Council members is to attend Council meetings in-person whenever possible in recognition of the efficiency and effectiveness of in-person participation when conducting the public business of the Town of Avon. However, there may be occasional times when in-person attendance is not possible by Council members. Council finds that rem ote attendance by Council members is preferable to not permitting participation or delaying the conduct of public business. Participation by remote attendance shall comply with this Section IV and any applicable laws. A. Remote attendance means participation by video or audio means, such as Zoom, Webex, Microsoft Teams or similar platform, which is clear, uninterrupted and allows two-way communication for the participating Council member. B. Council members may participate in a Council meeting by remote attendance when travelling out-of-town, when ill, or when unusual or unforeseen circumstances do not allow in-person attendance. Council members who are ill are encouraged and expected to participate by remote attendance. C. A Council member who desires to participate by remote attendance shall notify the Mayor and Town Clerk as early as possible so that the Town can provide the technical means necessary to fulfill such request. D. A Council member who is participating through remote attendance (1) shall be entitled to participate in all Council matters in the same capacity as a Council member in physical attendance, including participation quasi-judicial matters and executive sessions; (2) shall be counted for purposes of establishing a quorum; (3) shall have the opportunity to express comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and adopted Exhibit A to Res. 21-15 Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 8, 2021 by Resolution No. 21-15 Page 3 of 6 procedures; (4) shall be heard, considered, and counted as to any vote taken; (5) shall be called during any vote taken and shall have such Council member’s vote counted and recorded by the Town Clerk and placed in the minutes for the corresponding meeting; and, (6) may leave a meeting and return as in the case of any member upon announcement of such leaving and returning. E. The Mayor, Mayor-Pro Tem or other designated person who is presiding over the meeting shall have the discretion to mute any Council member who is participating through remote attendance when distracting and extraneous noise is occurring through the remote attendance. The officer who is presiding over the meeting may delegate to the ability to mute Council members to the meeting host with controls for the meeting platform. The officer who is presiding over the meeting shall use best efforts to recognize and provide opportunity for Council members who are participating via remote attendance contribute to the discussion and express comments. F. In the event that there is significant disruption in the connection or communication with a Council member, or members, who are participating via remote attendance which frustrates and disrupts the efficie ncy and effectiveness of the Council meeting, the officer presiding over the meeting or a majority of Council members who are attending a meeting in-person may choose to terminate the remote attendance of such Council member or may choose to continue or table the Council meeting or agenda matter to a later time. G. Council members who are participating via remote attendance are expected to be situated in a stationary location with adequate internet service with video camera on and presenting in a professional manner similar to in-person Council meeting attendance. V. Motions: All official Town Council actions are initiated by motion. These following rules and procedures apply to motions. There are two basic motions: action motions and procedural motions. Only one action motion may be on the floor at a time. A procedural motion may be proposed, discussed and acted upon when an action motion is on the floor or at any other time. A. Basic Motion: The basic motion to take action is stated as, “I move to . . . .” Every motion requires a second. Once a motion is made no further discussion can continue until a second is made to support the motion. B. Discussion: All Council members have the right to discuss the motion on the floor. Discussion cannot be concluded unless (1) all Council members present consent or (2) a majority of Council members present approve a procedural motion to “Call the Question” and end debate. C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and consent of the Council member who seconded the motion is not required. The motion is immediately withdrawn; however, the Mayor may then ask the Council member who Exhibit A to Res. 21-15 Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 8, 2021 by Resolution No. 21-15 Page 4 of 6 seconded the withdrawn motion and any other Council member if such Council member wishes to make the motion. D. Amendment to Motion: Any Council member may request an amendment to a pending motion. The maker of the pending motion and Council member who seconded the motion must consent to the proposed amendment. Any Council member may also propose a substitute motion to a pending motion which also requires consent of the maker of the pending motion and the Council member who seconded the pending motion. E. Procedural Motion: A procedural motion may be made at any time and may impose or modify any procedural rule provided that such procedure is not in conflict with the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Procedural motions require a majority vote of the quorum present. F. Motion to Call the Question or End the Discussion: A motion to “call the question” (also known as a motion to end the discussion) is a procedural motion to end debate and discussion. A motion to call the question cannot be made until each Council member has had at least one reasonable opportunity to ask questions and express his or her opinion on the matter. Once a motion to call the question is made and seconded, it shall be the Mayor’s discretion to allow any further discussion on such procedural motion for the purpose of clarifying any technical, procedural or legal issue related to the procedural motion. A motion to call the question requires a majority vote of the quorum present. Once a motion to call the question is approved, the pending action motion on the floor must be voted upon promptly or, if no action motion is pending, the Mayor shall proceed to the next agenda item. G. Motion to Continue: A motion to continue an agenda item must include a specific future Council meeting date, time and place for the continued matter to be considered again without re-noticing a required public hearing. H. Motion to Table: A motion to table places the agenda item on hold and does not require a specific time for the return of the agenda item. I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in this Simplified Rule of Order. Such motion may be made and requires a supermajority vote of a majority of the quorum present plus one for approval. A motion to suspend rules may not supersede the procedural requirements of the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. J. A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider a vote on a matter. A Motion to Reconsider may only be made and considered if made and acted upon less than twenty-eight (28) days after the date of the Council action to be reconsidered and may be made only by a member of Council who voted in the majority on the motion which is proposed for reconsideration. VI. Meeting Conduct Exhibit A to Res. 21-15 Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 8, 2021 by Resolution No. 21-15 Page 5 of 6 A. Point of Privilege: A Council member may interrupt the speaker to raise a matter related to the comfort of the meeting, such as room temperature, distractions, or ability to hear speaker. B. Point of Order: A Council member may raise a Point of Order at any time that the Mayor permits meeting conduct which does not follow these Simplified Rules of Order or otherwise fails to maintain civility and decorum by the Council and the general public. C. Appeal: A Council member may move to appeal the ruling of the Mayor on any procedural matter or other decision related to the conduct of the meeting. If the motion is seconded and, after debate, it such motion passes by a simple majority vote of the quorum present, then the ruling or conduct of the Mayor shall be overruled and reversed. D. Call for Orders of the Day: A Council member may call for Orders of the Day when such Council member believes that Council discussion has strayed from the agenda. No second or vote is required. If the Mayor does not return to the agenda, then such ruling may be appealed. E. Adjournment: The Mayor may announce the meeting adjourned when there are no further items on the agenda which have not been addressed. The Council may adjourn a meeting at any time by motion, second and approval by a majority of the quorum present. VII. Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. VIII. Public Hearing: The following general rules shall apply to the order and conduct of public hearings. These rules may be modified or suspended by Motion to Suspend Rules. A. The Mayor shall open the public hearing by announcing the topic of the agenda item. The Mayor shall at all times during public hearings strive to maintain civility, decorum and order. B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain the applicable procedures and laws, and provide any presentation by the Town. C. The applicant, licensee or appellant shall have the opportunity to present information, provide testimony, or respond to any comments or details in the Town’s presentation. D. The Council shall have the opportunity to ask technical questions of the appropriate Town staff, Town officials and the applicant, licensee or appellant but Council members shall not express opinions on the matter prior to opening the public hearing for public comment. Exhibit A to Res. 21-15 Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20 Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 8, 2021 by Resolution No. 21-15 Page 6 of 6 E. The Mayor shall officially open the public hearing for public comment and shall allow for members of the public to provide comment to the Council. The Council may approve a time limitation not less than 3 minutes for individual public comment and may approve sign-up sheets or other public comment procedures to promote order and efficiency by a majority vote of the quorum present provided that individuals shall be permitted to yield his or her public comment time to another speaker. After all public comments are received, or if the Council determines that the volume of public comments requires additional time and moves to continue the public hearing, the Mayor shall close the public comment portion of the public hearing. F. The Council may discuss the merits of the topic of the public hearing and take such action as deemed appropriate after the public comment portion of the public hearing is concluded. If the volume of public comments requires a continuation, if additional information is required to consider the public hearing matter, or if the Council determines that additional time is warranted to consider the matter of the public hearing, the Council may continue the public hearing to a later date and may re-open the public comment portion of the public hearing at any continued public hearing. IX. Executive Sessions: Council may convene into executive session at any time by the affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory citation and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS §24-6-402(4). The Council is not permitted to take official, final action on any matter in executive session. Exhibit A to Res. 21-15 AVON SPECIAL MEETING MINUTES THURSDAY MAY 6, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL 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 RJ Andrade, Scott Prince, Tamra Underwood and Amy Phillips. Councilors Thuon and Hardy were absent for the roll call, they were likely to join on the other zoom link for the executive session itself. Also present were Town Attorney Paul Wisor and General Government Manager Ineke de Jong. Mayor Smith Hymes moved to convene into Executive Session for a Personnel Matter Concerning Town Manager Annual Review pursuant to CRS §24-6-402(4)(F). Mayor Pro Tem Phillips seconded that motion and that passed 5 to 0. Councilor Lindsay Hardy joined at 5:04 p.m. and apologized for being in the wrong zoom link. Mayor Smith Hymes clarified that Council will adjourn from the Executive Session and will not reconvene into a regular session. EXECUTIVE SESSION: PERSONNEL MATTER CONCERNING TOWN MANAGER ANNUAL REVIEW PURSUANT TO CRS §24-6-402(4)(F). Mayor Smith Hymes convened into Executive Session for the purpose of a Personnel Matter Concerning Town Manager Annual Review pursuant to CRS §24-6-402(4)(F), the time was 5:08 p.m. Present were Tamra Underwood, Chico Thuon, Lindsay Hardy, RJ Andrade, Amy Phillips, Scott Prince and Sarah Smith Hymes. Also present were Marleene Buttice with Employers Council and Town Attorney Paul Wisor. Marleene Buttice left the meeting at 06:12 p.m. Town Manager Eric Heil joined at 06:22 p.m. The Executive Session started at 5:08 p.m. The Executive Session ended at 7:28 p.m. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the special meeting. The time was 7:28 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. AVON SPECIAL MEETING MINUTES THURSDAY MAY 6, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 RESPECTFULLY SUBMITTED: Paul Wisor, Town Attorney APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade AVON REGULAR MEETING MINUTES TUESDAY MAY 25, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:02:07 The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the Liquor Authority meeting to order at 5:00 p.m. and the Council regular meeting to order at 5:17 p.m. A roll call was taken, and Council members present by video/audio were Lindsay Hardy, Scott Prince, Tamra Underwood, Amy Phillips, and Chico Thuon. Councilor RJ Andrade was absent. Also present were Planning Director Matt Pielsticker, HR Director Lance Richards, Chief of Police Greg Daily, Town Manager Eric Heil, Town Attorney Paul Wisor, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. EXECUTIVE SESSION FOR THE PURPOSE OF A PERSONNEL MATTER CONCERNING TOWN MANAGER ANNUAL REVIEW PURSUANT TO CRS §24-6-402(4)(F) Mayor Pro Tem Phillips moved to move the Executive Session for the Purpose of a Personnel Matter Concerning Town Manager Annual Review Pursuant to CRS §24-6-402(4)(F). Councilor Hardy seconded the motion and the motion passed with a vote of 5 to 0. Councilor Andrade was absent, and Councilor Underwood had technical difficulties and got disconnected. The time was 4:00 p.m. Council went into a different Zoom link for the virtual Executive Session. The Executive Session started at 4:02 p.m. The Executive Session ended at 4:53 p.m. 2. APPROVAL OF AGENDA Video Start Time: 00:19:25 Mayor Pro Tem Phillips requested and moved to continue the 4:00 p.m. Executive Session for the Purpose of a Personnel Matter Concerning Town Manager Annual Review Pursuant to CRS §24-6-402(4)(F) after agenda item 8, Mayor and Council updates. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:21:00 Town Attorney Paul Wisor recused from agenda item 5.3 Off-Highway Vehicles Ordinance, as his parents live in Wildridge and have participated on this topic. His colleague Andrea Bryan will be present. 4. PUBLIC COMMENT Video Start Time: 00:21:47 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. No public comments were made. 5. BUSINESS ITEMS 5.1. INVITATION: ART AROUND AVON WALK JUNE 11 (CULTURE, ARTS & SPECIAL EVENTS MANAGER DANITA DEMPSEY) Video Start Time: 00:22:29 CASE Manager Danita Dempsey presented the invitation for the inaugural Art Around Avon Program, to be held on Friday, June 11th between 5:00 p.m. and 7:30 p.m. The program will kick-off with an AVON REGULAR MEETING MINUTES TUESDAY MAY 25, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 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. Mayor Smith Hymes asked for public comments and no public comments were made. 5.2. PRESENTATION: SPEAKUP REACHOUT (ERIN EVIE, EXECUTIVE DIRECTOR) Video Start Time: 00:26:04 Erin Ivie, SpeakUp ReachOut Executive Director, joined the meeting and thanked Council and Chief Daly for their continued support. She e xplained that SpeakUp ReachOut provides education and awareness, while the other agencies , like the Hope Center and Eagle Valley Behavioral Health, offer more education and follow -up services; she then showed Council suicide in Eagle County statistics. Councilor Thuon got disconnected at 5:30 p.m. and rejoined by phone call at 5:32 p.m. 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) Video Start Time: 00:40:25 Town Attorney Paul Wisor was recused and left the meeting . Andrea Bryan joined at 5:38 p.m. Mayor Smith Hymes thanked the public for all the continued comments. She reminded the public that tonight's discussion will be limited to O ff-Highway Vehicles and not access to USFS Road 779. Chief Daly presented and said the o rdinance is not written to sunset, but The Town would review effectiveness of the o rdinance in October. He said he is impressed by all the public input that has been passionate , but also very respectful of differences in opinions. He remind ed the public that there will be a lot of police activity due to the evacuation exercise in Wildridge tomorrow. Mayor Smith Hymes asked for public comments first and said Council will discuss after hearing from the public. Several public comments were made. Tim Stephens, a second homeowner from Dallas with property on Wildridge Road East, expressed that he enjoys the quiet and is very disturbed by the noise and worried about increased traffic and does not support this ordinance. He asked who would really benefit from this. Spencer Ball, a Wildridge resident with property near the 779 trailhead , expressed how nothing is changing and he supports the ordinance. Jack Gardner, a Wildridge resident, expressed that he is worried about enforcing the 15 MPH speed limit. Samantha Lathram, a Wildridge resident , expressed how important this is for her and her family a nd she supports this o rdinance. Craig Lathram, a Wildridge resident , expressed that he supports the ordinance and said th at it is not for commercial use, it is just about the neighbors. Patricia Plavec, a Wildridge resident, expressed that she supports the ordinance and what has been previously said, and that safety is an all -around issue, not just an OHV issue. Charley Viola, a Wildridge resident , expressed how he did not want to reiterate his letters but wanted to comment on real AVON REGULAR MEETING MINUTES TUESDAY MAY 25, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 estate values and said that OHV is a big selling factor. Mayor Smith Hymes asked for a few changes and requested to set a firm date to review and discuss this in October. Councilor Un derwood requested several changes, she agreed on a firm date in October but wanted to point out that Council cannot make any changes or repeal at that point in time and feels rushed on passing this ordinance. She further expressed concerns with private pro perty. Councilor Prince moved to approve Second Reading of Ordinance 21 -07 with the following modifications : Clean up grammatical CRS at 10.40.010; Section G improve language regarding lighting power ; Item M with respect to sidewalks, modify to “no OHV shall be operated on sidewalks, designated pedestrian/bike lane ” and refer to that properly ; Tighten up the map, not all the way around the horseshoe and to r emove reference to 7171A . After discussion, the motion did not include further clarification of place of storage. Mayor Smith Hymes clarified that Council intends to review the ordinance in the fall. Councilor Hardy seconded the motion and t he motion passed with a vote of 5 to 1. Councilor Underwood voted no. Councilor Andrade was absent. Andrea Bryan left the meeting and Town Attorney Paul Wisor rejoined at 6:52 p.m. 5.4. PRESENTATION : CLIMATE ACTION P LAN UPDATE (KIM SCHLAEPFER CLIMATE ACTION COLLABORATIVE , PROJECT MANAGER ) Video Start Time: 01:53:13 Kim Schlaepfer, Climate Action Collaborative Project Manager, joined the meeting and presented the updated Climate Action Plan. She proposed for Council to adopt the updated Climate Action Plan by resolution. Council had several questions, including fossil fuel offsets and where to bring yard/landscape waste. Council members present were supportive of putting a resolution on recycling on a future agenda. Councilor Thuon got disconnected at 7:07 p.m. 5.5. RESOLUTION 21-12 SUPPORTING HEALTHY RIVERS & WATERSHEDS (TOWN MANAGER ERIC HEIL) Video Start Time: 02:31:47 Town Manager Eric Heil presented and mentioned that this resolution was requested by t he Town of Minturn to jurisdictions in Eagle County to support healthy rivers and watersheds. Mayor Pro Tem Phillips moved to approve Resolution 21-12 Supporting Health Rivers and Watersheds. Councilor Prince seconded the motion and the motion passed with a vote of 5 to 0. Councilors Thuon and Andrade were absent. 5.6. RESOLUTION 21-13 REPEALING EMERGENCY DECLARATION (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:34:03 Town Attorney Paul Wisor presented and mentioned that while the pandemic is still here, the emergency stage has now passed . Mayor Smith Hymes clarif ied this is distinct from the mask AVON REGULAR MEETING MINUTES TUESDAY MAY 25, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 ordinance which was already repealed in April. Mayor Pro Tem Phillips moved to approve Resolution 21 -13 thereby repealing the Declaration of Local Disaster Emergency. Councilor Underwood seconded the motion and t he motion passed with a vote of 5 to 0. Councilors Thuon and Andrade were absent. 5.7. P RESENTATION: OVERHAUL OF DISCOVERAVON.ORG WEBSITE (COMMUNICATIONS MANAGER ELIZABETH WOOD) Video Start Time: 02:37:12 Councilor Thuon rejoined the meeting at 7:44 p.m. Communications Manager Liz Wood presented the live webpage discoveravon.org which is the Town’s website designed to provide visitors with Things to Do, Places to Stay and Getting Around topics. She mentioned how it has a lot of great information for visitors who want to see this all –in one place. Dennis McMahon joined and they both showed the back end on Google Analyti cs. 5.8. EXTENSION REQUEST FOR A DEVELOPMENT PLAN APPROVALS – LOT B HOTEL / 130 W. BEAVER CREEK BOULEVARD (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:59:25 Planning Director Matt Pielsticker joined the meeting together with Peter Evers and Josh Brewton. Staff expressed they would like more time to work with the developer to hammer out details about employee mitigation in this project. Councilor Thuon got disconnected at 8:15 p.m. Councilor Underwood moved to continue this matter to the June 8th meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed 5 to 0. Councilors Thuon and Andrade were absent. 5.9. NOTICE OF AWARD FOR THE BUCK CREEK ROAD ASPHALT OVERLAY & REPAIRS (PROJECT ENGINEER JIM HORSLEY) Video Start Time: 03:18:01 Town Engineer Jim Horsley joined to present the notice of award. He expressed how this section was last paved in 2002 and is showing signs of wear, erosion and retaining wall damage. He said this was on bidnet for 4 weeks and the Tow n received two bids, and that the goal is to start in mid-August . Councilor Thuon rejoined the meeting at 8:17 p.m. Councilor Underwood moved to approve issuance of notice of award for the Buck Creek Road asphalt overlay and repairs project contract to the low bidder, United Companies, in the amount of $595,583 . Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent. AVON REGULAR MEETING MINUTES TUESDAY MAY 25, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 6. MINUTES 6.1. APPROVAL OF MAY 11, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 03:27:47 Councilor Underwood wanted to point out that we are missing minutes from the May 6th Special Meeting of the Town Manager Evaluation. Councilor Underwood moved to approve the minutes from May 11th regular meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent. 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) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:29:17 Councilor Thuon asked Town Manager Eric Heil and staff to have a look at the underpass and see if we can put up jersey barriers temporarily in the summer. Mayor Pro Tem Phillips reminded everyone of the $100 rebates for all flights from EGE this summer. She said flights are very affordable and she hopes locals take advantage of these coupons. Her second comment was that she is so appreciative of Chief Daly and his team and our amazing Police Department. She mentioned how it is 1 year ago today that George Floyd was murdered in Minneapolis. Councilor Thuon had another request for staff to review safety equipment for lifeguards near both the dock and the beach. Councilor Thuon got disconnected at 8:33 p.m. Video Start Time: 03:35:11 Mayor Smith Hymes requested a motion to move back to Executive Session. Councilor Underwood moved to return into Executive Session for the purpose of a Personnel Matter Concerning Town Manager Annual Review Pursuant to CRS §24-6-402(4)(F). Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilors Thuon and Andrade were absent. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:35 p.m. AVON REGULAR MEETING MINUTES TUESDAY MAY 25, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 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 AVON SPECIAL MEETING MINUTES WEDNESDAY JUNE 2, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order at 5:30 p.m. A roll call was taken, and Council members present by video/audio were Tamra Underwood, Lindsay Hardy, Chico Thuon, RJ Andrade and Scott Prince. Mayor Pro Tem Amy Phillip was absent and had informed the Mayor she would be joining later tonight on the other zoom link for the executive session itself. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Town Engineer Justin Hildreth, Project Engineer Jim Horsley and General Government Manager Ineke de Jong. 2. APPROVAL OF AGENDA There were no requested changes. Councilor Underwood moved to approve tonight’s agenda, Councilor Hardy seconded that motion and the motion passed 6 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTERESTS RELATED TO AGENDA ITEMS No conflicts of interest were disclosed. 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Mayor Smith Hymes opened it up for public comments. No public comments were made. 5. EXECUTIVE SESSION Mayor Smith Hymes asked for a motion to move into Executive Session for the Purposes of Receiving Legal Advice and Determining Positions Relative to Matters That May be Subject to Negotiations, Developing Strategy for Negotiations, and Instructing Negotiators with Respect to Demolition of Old Town Hall Pursuant to CRS §24-6-402(4)(b) and (e). Councilor Underwood moved that motion, Councilor Hardy seconded that motion and that passed 6 to 0. Mayor Smith Hymes clarified for the public that Council will adjourn from the Executive Session and will not reconvene into a regular session. 5.1 Executive Session for the Purposes of Receiving Legal Advice and Determining Positions Relative to Matters That May be Subject to Negotiations, Developing Strategy for Negotiations, and Instructing Negotiators with Respect to Demolition of Old Town Hall Pursuant to CRS §24-6-402(4)(b) and (e). Mayor Smith Hymes convened into Executive Session for the Purposes of Receiving Legal Advice and Determining Positions Relative to Matters That May be Subject to Negotiations, Developing Strategy for Negotiations, and Instructing Negotiators With Respect to Demolition of Old Town Hall Pursuant to CRS §24-6-402(4)(b) and (e), the time was 5:35 p.m. Present were Tamra Underwood, Lindsay Hardy, Chico Thuon, Scott Prince, RJ Andrade and Sarah Smith Hymes. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Town Engineer Justin Hildreth, Project Engineer Jim Horsley and General Government Manager Ineke de Jong. Mayor Pro Tem Phillips joined at 5:55 p.m. Mayor Smith Hymes left at 6:18 p.m. AVON SPECIAL MEETING MINUTES WEDNESDAY JUNE 2, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 The Executive Session started at 5:35 p.m. The Executive Session ended at 6:40 p.m. 6. ADJOURN There being no further business before Council, Mayor Pro Tem Phillips moved to adjourn the special meeting. The time was 6:40 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: Ineke de Jong, General Government Manager APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade PLANNING AND ZONING COMMISSION MEETING ABSTRACT TUESDAY, JUNE 1, 2021 1. CALL TO ORDER AND ROLL CALL Chairperson Jared Barnes called the meeting to order at 5:06 p.m. A roll call was taken, and Planning Commission members present were Steve Nusbaum, Donna Lang, 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 Lang motioned to approve the amended agenda. Commissioner Sekinger seconded the motion and it carried unanimously 4-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS Commissioner Trevor MacAllister joined the meeting. Action: Discussion of potential conflicts for item 4.4 were delayed due to technical difficulties with Paul Wisor’s connection. 4. BUSINESS I TEMS 4.1. 42 RIVERFRONT LANE – PUBLIC HEARING – CONDITION OF APPROVAL FOR SHUTTLE STAGING AREA ALONG RIVERFRONT LANE. (TOWN PLANNER D AVID MCWILLIAMS AND JIM TELLING). Commissioner Marty Golembiewski joined the meeting and stated he had no conflicts or ex-parte communication to disclose. Public Comment: None. Action: Commissioner Nusbaum motioned to approve the conditions of approval for MNR21019 with the following findings: 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. Commissioner MacAllister seconded the motion and it carried unanimously 6-0. 4.2. 540 NOTTINGHAM ROAD – LOT 70A, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION - PUBLIC HEARING – MAJOR D EVELOPMENT PLAN FOR A NEW DUPLEX BUILDING (TOWN PLANNER DAVID MCWILLIAMS AND ERIK LILLYDAHL ). Public Comment: None. Action: Commissioner Sekinger motioned to continue the item to the June 15, 2021 meeting. Commissioner Nusbaum seconded the motion and it carried unanimously 6-0. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS Action: Donna Lang and Trevor MacAllister noted potential conflicts with item 4.4. Paul Wisor noted that despite the case not being a public hearing, PZC is encouraged to hold the same conflict standards. Chairperson Barnes accepted the two conflicts and instructed the two Commissioners to disconnect from the meeting during item 4.4. 4.3. 5743 WILDRIDGE ROAD – LOT 85, BLOCK 4, WILDRIDGE SUBDIVISION – PUBLIC HEARING – MAJOR DEVELOPMENT PLAN FOR ADDITION TO A SINGLE-FAMILY RESIDENCE (TOWN PLANNER DAVID MCWILLIAMS AND CRAIG FRIEHAUF ). Public Comment: None. Action: Commissioner Nusbaum motioned to continue the item to the June 15, 2021 meeting. Commissioner Lang seconded the motion and it carried unanimously 6-0. 4.4. EAST SWIFT GULCH RD. – PLANNING AREA J – DESIGN REFERRAL - PROPOSAL FOR A NEW HOTEL. THE VILLAGE AT AVON PUD REQUIRES PZC REFERRAL FOR LAND USE DECISIONS OF THIS TYPE . THE DISCUSSION WILL FOCUS ON STAFF ’S ANALYSIS OF THE VILLAGE AT AVON’S DESIGN GUIDELINES AND PZC’S SUBSEQUENT REFERRAL LETTER. (TOWN P LANNER DAVID MCWILLIAMS AND JOHN HANES, WORTH GROUP) Action: Commissioners shared their thoughts and discussed modifications to the referral letter. 4.5. THROUGHOUT TOWN – CONTINUED PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT FOR UPDATE TO THE 2018 AVON COMMUNITY HOUSING PLAN. (PLANNING DIRECTOR MATT PIELSTICKER). Public Comment: None. Action: Commissioner Nusbaum motioned to continue the item to the June 15, 2021 meeting. Commissioner Sekinger seconded the motion and it carried unanimously 6-0. 4.6. THROUGHOUT TOWN – PUBLIC HEARING – CODE TEXT AMENDMENT FOR VARIOUS CHANGES TO AVON DEVELOPMENT CODE (PLANNING DIRECTOR M ATT PIELSTICKER). Public Comment: None. Action: Commissioner Sekinger motioned to recommend that Avon Town Council approve case number CTA21001 with the following findings: 1. The application is complete; 2. A public hearing was conducted on June 1, 2021, meeting Avon Development Code requirements; 3. The application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; 4. The application was reviewed per Avon Development Code Section 7.16.040(c), Review Criteria, and are found to be in substantial compliance as outlined in the staff report for PZC public hearing; 5. The application promotes the health, safety, and general welfare of the Avon Community; 6. The application promotes and implement the goals and policies of the Avon Comprehensive Plan; 7. The application help implement the Avon Community Housing Plan by clarifying housing density and intended locations; and 8. The text amendments are necessary and desirable to respond to changed conditions and new planning concepts. 5. CONSENT AGENDA 5.1. MEETING MINUTES – MAY 18, 2021 5.2. 5151A L ONGSUN LANE – F ENCE – MNR21013 AND AEC21003 5.3. 42 AND 126 RIVERFRONT LANE – SHORT-TERM P ARKING – MNR21019 Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner MacAllister seconded the motion and it carried unanimously 6-0 6. S TAFF UPDATES Action: Staff did not have any updates. 7. OTHER BUSINESS 7.1. PZC PREFERENCES FOR PAPER PACKETS Action: PZC members talked about their preferences for packet materials and hybrid meetings. 8. ADJOURN The meeting was adjourned at 8:34 pm. This 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 CASE COMMITTEE MEETING MINUTES THURSDAY, MAY 20, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, MAY 20, 2021 PAGE 1 | 3 1. ROLL CALL Present- Committee Members: Lisa Mattis, Pedro Campos, Chris Cofelice, Justin Chesney, Ruth Stanley, Kathy Ryan and Thomas Walsh Town Council: Mayor Pro Tem Amy Phillips and Council Member Lindsay Hardy Town Staff: Cultural, Arts and Special Events Manager Danita Dempsey, Town Manager Eric Heil, Planning Director Matt Pielsticker, General Government Manager Ineke de Jong and General Government Intern Emily Myler 2. APPROVAL OF MINUTES Committee Member Stanley moved to approve the CASE meeting minutes from April 15, 2021. Committee Member Walsh seconded the motion and Committee Chair Lisa Mattis took a vote. The motion passed unanimously. 3. PUBLIC COMMENT Sarah Straub, a local Avon resident, joined the meeting and commented on how complicated it is to make public policy and decide on how best to improve Harry A. Nottingham Park. She requested as much green space as possible, improved parking and increased maintenance. 4. CURRENT ACTIVITY CASE Manager Dempsey introduced Planning Director Pielsticker and Town Manager Heil, who led the discussion of Harry A. Nottingham Park (“Park”) improvements. Committee Member Campos also joined as a member of Zehren & Associates, who provided conceptual plans for the Park. East Harry A. Nottingham Park Improvements Town Manager Heil introduced the plans. He said Park improvements are part of a 10-year plan for Avon and the plans are designed to take on many years of use as Avon grows and changes. He took the comments made by Sarah Straub to heart and is conscious of going over the capacity limits. The staff working on the plans have to balance getting as much use out of the Park as possible without overprogramming it so it no longer feels like a public park. The Committee Commented/inquired: A. Why is Avon not considering an AstroTurf field if there may be environmental benefits? Town Manager Heil said the Town is conscious of water shortages in Colorado and has many plans to combat that. Right now, the Park is priority for water use as a valuable community asset, but it is possible alternatives to real grass may be part of the conversation in the future if conditions continue to get worse. Planning Director Pielsticker said his department will collect comments from the Committee and bring them to the Planning and Zoning Commission and Council over the summer. He directed focus to the first page of the packet where opportunities for art, circulation, storage, restrooms, and power are highlighted, but he is also interested in hearing comments on the entire packet. He is hoping planning will conclude at the end of this summer, and construction can begin summer of 2022. Committee Member Campos shared his screen and went over four conceptual design diagrams for the Park. The Committee Commented/inquired: CASE COMMITTEE MEETING MINUTES THURSDAY, MAY 20, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, MAY 20, 2021 PAGE 2 | 3 A. Can Town Manager Heil speak more to what he feels are wants vs. needs for the Park? B. Having a permanent concessions space is a need. C. Permanent concessions may need to wait to allow for more important things. D. The fourth concept is nice because it includes concessions and also a controllable entrance to the Park to prevent outside alcohol coming in. E. Sarah Straub commented she didn’t think concessions are needed at this time. F. Concessions are more of a want since vendors usually come in with their own trucks or trailers. G. Residents that live close to/in the park don’t want multi-day events in the park. H. The fit court should stay where it is because it doesn’t need to be close to parking. Instead of putting the fit court on the East side of the Park nearby parking, that space should be used for something else that needs that proximity to the parking lot. I. If the concessions stand fits, why not do it? Town Manager Heil clarified that a new concessions space would be mainly used by the Town for bar operations and third- party food vendors will not be using it. It would be beneficial to have the space dedicated to the Town’s concessions needs to minimize setup and teardown time for Town events staff. The downside is that a fixed concessions space can’t be tailored to the needs of specific event layouts. The Town’s alcohol sales will be used to support special events programming. A. Concept four is nice because it keeps the trees, and it shows art and focal points. B. What would a multi-use plaza look like? C. Having an ice machine close by would be a huge help for beverage sales. D. A paved plaza may not be a need compared to keeping lots of green space. E. The fitness courts are great where they are now under the trees. Working out right next to a parking lot with no shade is not as nice. F. The walkway is a great spot to put art like what is on the Main Street Mall. G. Buildings should be art. H. Concept four is great and rotating it would take advantage of the view of Beaver Creek Mountain. I. The spot in concept four where Parks and Recreation Storage is located would also be a great passive spot. J. The cabin could be a place to have concessions since there are already ice skate rentals there. K. The south parkway needs more trees. L. Parking should be its own plan, right now it is important to focus on the Park itself. M. Is restroom capacity of 2,000 users the right number to aim for? Where else can restrooms go? N. Making concessions easier with a permanent stand that handles four service lines will reduce costs of labor and attract/retain more staff to run them. O. Beverage and food concessions should be separated with restrooms in between to prevent congestion. P. A blend of concepts one and four with an orientation towards Beaver Creek and nice walking paths would help incentivize people in nearby homes to walk to events instead of drive. Q. It is difficult to envision the view with the old Town Hall still in the way. The concepts have been designed to take advantage of the view with the building gone. R. It feels like there needs to be more prioritization and sacrifice in the plans to do this well. CASE COMMITTEE MEETING MINUTES THURSDAY, MAY 20, 2021 VIRTUAL ZOOM MEETING CASE COMMITTEE MEETING MINUTES, MAY 20, 2021 PAGE 3 | 3 Town Manager Heil said that Town Council has specifically directed staff to add more bathrooms and replace the retaining wall so those are the two baseline projects. Bathrooms should serve at least 2,000 people. There is also a need for event asset and secure alcohol storage nearby the venue, a gray water dump for vendors and shelter from inclement weather. He also expressed that relocating the fit court is between a want and need, because it is close by the children’s playground so there is a risk that kids will play on it and get hurt. It would be valuable to have a space to store and sell concessions for events, but more discussion is needed to decide if that is a want or a need as events are only a portion of what the Park is used for. The plaza and multi-use court are both more wants than needs. Both additional green space and parking are needs. He also said that the most helpful comments from the Committee would revolve around use of the space and how to add art to it. He was not sure where else the Parks garage can be located that doesn’t take up a valuable space close to the stage but allows for increased park maintenance. There is also need for a second green room and/or a space with a shower and kitchenette for Recreation use where the Cabin is currently located. Council Member Hardy added that the Planning and Zoning Commission never approved the current location of the fit court. Committee Member Campos said that the multi-use plaza can be whatever is needed, but it isn’t a field. It would be valuable for it to be space to just hand out since most of the rest of the park has some sort of dedicated use. CASE Manager Dempsey said she likes concepts one and four. Concept one promotes passive space and includes restrooms. Concept four’s multi-use plaza may not be useful all year long and would take away parking. Concessions will be very successful but also very time consuming in the future, but right now it may be able to wait in deference to more immediate needs. It is important to also consider how this new space will interact with the upcoming West Recreation Center parking lot and the old Firehouse. The Cabin could be moved or added on to and that space used for storage. 6. ADJOURNMENT The meeting adjourned at 2:00 p.m. Respectfully submitted by: Emily Myler General Government Intern