TC Council Packet 06-09-2015 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 9, 2015
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:10 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICERS
MAYOR JENNIE FANCHER
MAYOR PRO TEM JAKE WOLF
COUNCILORS
MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2)
REGULAR MEETING BEGINS AT 5:10 PM
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT –COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. ACTION ITEMS
4.1. ACTION ON MEMORANDUM OF AGREEMENT REGARDING COST SHARING FOR PROGRAMMING, DESIGN AND PRE-
CONSTRUCTION MANAGEMENT OF A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE
EAGLE RIVER FIRE PROTECTION DISTRICT (TOWN ATTORNEY ERIC HEIL)
4.2. ACTION ON AN AGREEMENT TO RETAIN DAVIS PARTNERSHIP GROUP FOR ARCHITECTURAL AND ENGINEERING
SERVICES FOR A JOINT POLICE AND FIRE PUBLIC SAFETY BUILDING (TOWN ATTORNEY ERIC HEIL)
4.3. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 15-07, AMENDING CHAPTER 5.24, SECTION 9.12.080 AND
CHAPTER 9.40 OF THE AVON MUNICIPAL CODE AND REPEALING RESOLUTION NO. 88-20 CONCERNING AMPLIFIED
SOUND PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN PROPERTY AND PROHIBITING SMOKING IN PARKS,
OPEN SPACE AND THE MAIN STREET MALL (TOWN ATTORNEY ERIC HEIL)
4.4. MINUTES FROM MAY 26, 2015 MEETING (TOWN CLERK DEBBIE HOPPE)
5. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
5.1. UERWA UPDATE (COUNCILOR SARAH SMITH-HYMES)
5.2. EAGLE COUNTY CLIMATE CHANGE PRESENTATION (COUNCILOR SARAH SMITH-HYMES)
6. MAYOR & COUNCIL COMMENTS
7. WRITTEN REPORTS
8. EXECUTIVE SESSION (THIS SESSION IS NOT OPEN TO THE PUBLIC)
8.1. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-
402(2)(B) AND FOR DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24-6-402(2)(F) CONCERNING THE TOWN
MANAGER INQUIRY
9. ADJOURNMENT
_____________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY.
Page 1
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 9, 2015
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:10 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICERS
CHAIRMAN JENNIE FANCHER
VICE CHAIRMAN JAKE WOLF
BOARD MEMBERS
MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: BRAVO! VAIL
EVENT NAME: BRAVO! VAIL SOIREE
EVENT DATE: JULY 27, 2015; 11:00 AM UNTIL 11:00 PM
LOCATION: 108 PRIMROSE
EVENT MANAGER: DARCY GILES
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
5. RENEWAL OF LIQUOR LICENSES
5.1. APPLICANT: YERF, LLC D/B/A TICINO ITALIAN RESTAURANT
LOCATION: 100 W. BEAVER CREEK BLVD. #127
TYPE: HOTEL & RESTAURANT
MANAGER: CHARLES FREY
6. MINUTES FROM MAY 26, 2015
7. ADJOURNMENT
_____________________________________________________________________________________
MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY.
Page 2
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MAY 26, 2015
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:04 p.m. A roll call was taken and Board members present
were Jake Wolf, Megan Burch, Matt Gennett, Scott Prince, Buz Reynolds and Sarah Smith Hymes. Also
present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker,
Executive Assistant Preston Neill and Town Clerk Debbie Hoppe, as well as members from the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. Applicant Name: Eagle Valley Humane Society
Event Name: Salute to U.S.A.
Event Date: July 3, 2015; 4:00 pm until 10:30 pm
Location: Nottingham Lake
Event Manager: Char Gonsenica
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented by Char Gonsenica. Board member Gennett moved to approve the Eagle
Valley Humane Society Special Event Permit; Board member Reynolds seconded the motion and it passed
unanimously with those present.
4.2. Applicant Name: Walking Mountains Science Center
Event Name: Taste of Nature Gala
Event Date: July 7, 2015
Location: Walking Mountains Science center
Event Manager: Gina Garrett
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented by Gina Garrett. Board member Reynolds moved to approve the Walking
Mountains Science Center Special Event Permit; Board member Smith Hymes seconded the motion and it
passed unanimously with those present.
4.3. Applicant Name: Team Evergreen Bicycling Club
Event Name: Triple Bypass Bicycle Ride
Event Date: July 11, 2015
Location: Nottingham Lake Park – Upper Soccer Field
Event Manager: Jennifer Anderson
Permit Type: Malt, Vinous & Spirituous Liquor
The application was presented by Jennifer Anderson. Board member Gennett moved to approve the Team
Evergreen Bicycling Club Special Event Permit; Board member Prince seconded the motion and it passed
unanimously with those present.
LA 05-26-2015 Minutes Page 1
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MAY 26, 2015
AVON TOWN HALL, ONE LAKE STREET
5. RENEWAL OF LIQUOR LICENSES
5.1. Applicant: TCF 1, LLC d/b/a Castle Peak Grill
Location: 0101 Fawcett Road #100
Type: Hotel & Restaurant
Manager: Dan Leary
Vice Chairman Wolf moved to approve the Hotel & Restaurant License for TCF 1, LLC d/b/a Castle Peak Grill;
Board member Gennett seconded the motion and it passes unanimously by those present.
6. MINUTES FROM MAY 12, 2015
Board member Reynolds moved to approve the Minutes from May 12, 2015; Board member Gennett
seconded the motion and it passed unanimously with those present.
7. Adjournment
There being no further business to come before the Board, the meeting adjourned at 5:12 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ______________________________________
Jake Wolf ______________________________________
Matt Gennett ______________________________________
Megan Burch ______________________________________
Albert “Buz” Reynolds ______________________________________
Scott Prince ______________________________________
Sarah Smith Hymes ______________________________________
LA 05-26-2015 Minutes Page 2
Heil Law & Planning, LLC Office: 303.975.6120
3445 S. Clermont St. Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Memorandum of Agreement for Cost Sharing for Pre-Construction Design of the
Joint Public Safety Facility
DATE: June 4, 2015
SUMMARY: Presented for Council consideration is a Memorandum of Agreement and for Cost Sharing (“MOA”)
related to the Joint Fire-Policy Public Safety Facility. Associated with this MOA is the accompanying memorandum
requesting approval of a Notice of Award for Davis Partnership Architects to provide architectural services and
discussing specific costs for Architectural Services. The MOA and the Agreement for Architect Services are
coordinated such that the proportionate share of the costs for the Town of Avon and Eagle River Fire Protection
District (“ERFPD”) are identified and so that Avon and ERFPD may each terminate the Agreement for Architect
Services after the Phase 1 – Concept and Programming services are completed and there is a more informed
understanding of the Joint Safety Facility design and expected costs.
BACKGROUND: The Town of Avon and ERFPD entered into an Intergovernmental Agreement on April 28, 2015
which set forth the intent and terms of the parties to jointly pursue the design, financing and construction of a Joint
Fire-Policy Safety Facility on Lot 1B, Buck Creek PUD. The ERFPD is scheduled to sell Lot 1A, Buck Creek PUD
and purchase the adjacent Lot 1B, Buck Creek PUD on Monday, June 8, 2015. The Avon and ERFPD working
group (as defined in the IGA) has already solicited proposals from Architectural firms for design services, interviewed
4 architectural firms, and selected Davis Partnership Architects. As a joint governmental project, Avon and ERFPD
must define an equitable sharing of costs related to design and other pre-construction costs while allowing for
adjustment and flexibility because the final designs are likely to differ from the initial concepts and expectations.
Therefore, a Memorandum of Agreement has been prepared to define proportionate cost sharing.
MEMORANDUM OF AGREEMENT: The Memorandum of Agreement Regarding Cost Sharing (“MOA”) defines the
sharing of costs between the Town of Avon and Eagle River Fire Protection District. Exhibit A-1: Apportioned Cost
lists the various parts of a potential design to support an initial percentage cost share of 33% by the Town of Avon
and 67% by the ERFPD. Exhibit B outlines apportioned costs for the Phase 1 – Concept and Programming portion of
the Architect Services. The MOA acknowledges that the percentage cost share may adjust as the actual size of the
Fire Station and Police Station is better known. Any adjustment to the percentage cost is only applied to costs
incurred after adoption of the percentage adjustment.
The MOA also allows for additional amendments to the schedule in the IGA as the project moves forward with
approval by the respective representatives for Avon (Justin Hildreth, Town Engineer) and ERFPD (Todd Goulding,
ERFPD Owner’s Representative).
Pursuant to the Avon Home Rule Charter, approval of this MOA requires the concurring vote of 4 Council members.
PROPOSED MOTION: “I move to approve the MEMORANDUM OF AGREEMENT REGARDING COST SHARING
FOR PROGRAMMING, DESIGN AND PRE-CONSTRUCTION MANAGEMENT OF A JOINT FIRE-POLICE
STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT
Thank you, Eric
ATTACHMENTS: Memorandum of Agreement with Exhibits A and B.
Updated IGA, Exhibit A: Design Process
M EMORANDUM & PLANNING, LLC
ERFPD-Avon MOA re: Apportioned Costs
FINAL – June 9, 2015
Page 1 of 6
MEMORANDUM OF AGREEMENT
REGARDING COST SHARING FOR PROGRAMMING,
DESIGN AND PRE-CONSTRUCTION MANAGEMENT
OF A JOINT FIRE-POLICE STATION FACILITY
BETWEEN THE TOWN OF AVON AND
THE EAGLE RIVER FIRE PROTECTION DISTRICT
THIS MEMORANDUM OF AGREEMENT (“Agreement”) is made and entered into on
June 9, 2015, (“Effective Date”) by the Town of Avon, a home rule municipal corporation of the
State of Colorado (“Avon”) and the Eagle River Fire Protection District, a quasi-municipal
corporation and political subdivision of the State of Colorado organized under Title 32 of the
Colorado Revised Statutes (“Fire District”) (collectively, the “Parties,” and each individually a
“Party”).
RECITALS
WHEREAS, the Fire District and Avon desire to design and construct a regional fire station and
police station facility on Lot 1B, Buck Creek PUD, Avon, Colorado (“Joint Public Safety
Facility”), the Parties have executed a contract with Davis Partnership Architects to conduct
programming, design and construction administration for the Joint Public Safety Facility, and the
Parties intend to enter into a contract with a general contractor; and,
WHEREAS, Avon and the Fire District desire to set forth the terms and conditions for Avon and
ERFPD concerning the apportionment of costs, revision of the apportionment of costs and the
responsiblity for payment related to contracts for architectural, pre-construction management and
other services related to design and pre-construction management of the Joint Public Safety
Facility; and,
WHEREAS, the Parties acknowledge and the agree that the initial apportionment of costs may
be adjusted when appropriate depending upon changes to the character, size and scale of the
Joint Public Safety Facility and each Party’s respective portion of the Joint Public Safety
Facility; and,
WHEREAS, the Parties have entered into an Intergovernmental Agreement for a Joint Fire-
Police Station Facility Between the Town of Avon and the Eagle River Fire Protection District
(“IGA”), dated April 28, 2015, and desire to amend and supplement the terms of the IGA by and
through the adoption of this Agreement; and,
WHEREAS, this Agreement is authorized pursuant to §29-1-201 and §30-11-101, Colorado
Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution.
NOW THEREFORE, in consideration of the covenants and mutual agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the Parties, the Parties hereto agree as follows:
1. Effective Date. This Agreement shall commence on the Effective Date.
ATTACHMENT A: MEMORANDUM OF AGREEMENT
ERFPD-Avon MOA re: Apportioned Costs
FINAL – June 9, 2015
Page 2 of 6
2. Apportionment of Costs. The apportionment of costs for all architectural services, pre-
construction management services, and other related pre-construction services which arise from
contracts entered into by both Avon and the Fire District (“Pre-Construction Contracts”) are
based on Exhibit A-1: Apportioned Cost (“Apportioned Cost”) which shall be in accordance
with Exhibit B with respect to various identified portions of the project until adjusted pursuant
to the terms of this Agreement:
3. Adjustment to Apportionment of Costs. The Parties agree that the Apportioned Cost
shall be adjusted when the actual designs for the Joint Public Saftey Facility indicate a different
square footage and different ratio of shared space, police department and fire department space.
Such adjustment shall be applied to work performed from the date of adoption of a replacement
Exhibit A-(x): Apporportioned Cost, unless another method of allocation is mutually determined
appropriate. The updated replacement Exhibit A-(x): Apportioned Cost shall automatically
replace and supercede any previously adopted Exhibit A-(x): Apportioned Cost and shall
automatically become a part of this Agreement. Any updated replacement Exhibit A-(x):
Apportioned Cost shall be number sequentially to denote the most updated version (e.g. A-1, A-
2). The Parties agree to work cooperatively in good faith to consider the equitable allocation of
cost to each Party for any change in the design, which may be based on square footage as
depicted in Exhibit A-1: Apportioned Cost or may be based on another method or formula as
mutually determined appropriate to achieve the purpose of this Agreement. The Parties agree
that any additional cost resulting from a change order or amendment to any Pre-Construction
Contracts which is requested by, and which primarily concerns, one Party shall be paid for by
such Party and shall not change or affect the Apportioned Cost for the remainder of the Pre-
Construction Contracts unless the Parties mutually agree that another method or formula is
appropriate.
4. Payment Responsibility. All Pre-Construction Contracts to which this Agreement is
applicable shall state that Avon and the Fire District are each responsible and liable for payment
and costs under such constracts only to the extent of each Party’s respective Apportioned Cost
and that the Parties are not jointly and severally liable for the entire cost of Pre-Construction
Costs.
5. Term. This Agreement shall expire upon final and full payment of each Party’s
respective Apportioned Cost.
6. Amendment to IGA. In accordance with Paragraph 14 of the IGA, the Parties hereby
amend the IGA by the adoption of this Agreement. In the event of any conflict between the
langauge in this Agreement and the IGA, the language in the IGA shall control. Furthermore,
the Parties agree that any revision or update to Exhibit A: Design & Construction Manager
Process of the IGA shall be deemed to be an approved amendment to the IGA upon approval by
each Party’s designated representative.
7. No Third Party Beneficiaries. Nothing herein expressed or implied is intended or
should be construed to confer or give to any person or corporation or governmental entity other
than the Fire District and the Town, any right, remedy or claim under or by reason hereof or by
reason of any covenant or condition herein contained, nor limit in any way the powers and
responsibilities of the Town, the Fire District, or any other entity not a party hereto.
ATTACHMENT A: MEMORANDUM OF AGREEMENT
ERFPD-Avon MOA re: Apportioned Costs
FINAL – June 9, 2015
Page 3 of 6
8. Severability. If any portion of this Intergovernmental Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both
Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not
affect the remaining provisions; such remaining provisions shall be fully severable and this
Agreement shall be construed and enforced as if such invalid provisions had never been inserted
into this Agreement.
9. Amendments. This Agreement may be amended from time to time by a written
agreement duly authorized and executed by all the Parties to this Agreement.
10. Survival of Terms. The Parties understand and agree that all terms and conditions of the
Agreement that require continued performance, compliance, or effect beyond the termination
date of the Agreement shall survive such termination date and shall be enforceable in the event
of a failure to perform or comply.
11. Assignment. The Parties agree that neither Party hereto can assign this Agreement, or
any right or obligation contained herein, to another party without the express written consent of
the other Party and any attempt to do so shall be void and ineffective.
12. Complete Agreement. This Agreement represents the full and complete understanding
of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or
understandings of the Parties with respect to the subject matter contained herein.
13. Governing Law, Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado. Venue for any District Court action shall be
in Eagle County, Colorado.
14. Notices. All notices, requests, demands, consents and other communications hereunder
shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered
or sent by certified, United States mail, postage prepaid, with return receipt requested, or sent via
electronic transmission provided that such transmission is acknowledged by the receiving Party,
addressed to the Parties as follows:
TO ERFPD:
The Eagle River Fire Protection District
351 Benchmark Road
Post Office Box 7980
Avon, CO 81620
Attn: Karl Bauer
E-Mail:
with copy to:
James P. Collins
Collins, Cockrel & Cole
ATTACHMENT A: MEMORANDUM OF AGREEMENT
ERFPD-Avon MOA re: Apportioned Costs
FINAL – June 9, 2015
Page 4 of 6
390 Union Boulevard, Suite 400
Denver, CO 80228-1556
E-Mail: jcollins@cccfirm.com
TO AVON:
Town of Avon
One Lake Street
Post Office Box 975
Avon, CO 81620
Attn: Virginia Egger, Town Manager
E-Mail: vegger@avon.org
with copy to:
Eric J. Heil, Avon Town Attorney
One Lake Street
Post Office Box 975
Avon, CO 81620
E-Mail: eric@heillaw.com
[EXECUTION PAGE FOLLOWS]
ATTACHMENT A: MEMORANDUM OF AGREEMENT
ERFPD-Avon MOA re: Apportioned Costs
FINAL – June 9, 2015
Page 5 of 6
EXECUTED as of the date first written above.
TOWN OF AVON, COLORADO
BY: ATTEST:
_____________________________________ ______________________________
Jenny Fancher, Mayor Debbie Hoppe: Town Clerk
APPROVED AS TO FORM:
____________________________________
Eric J. Heil, Esq., Avon Town Attorney
ATTACHMENT A: MEMORANDUM OF AGREEMENT
ERFPD-Avon MOA re: Apportioned Costs
FINAL – June 9, 2015
Page 6 of 6
EXECUTED as of the date first written above.
EAGLE RIVER FIRE PROTECTION DISTRICT
BY: ATTEST:
____________________________________ _____________________________
Jennifer Cartmell Hays, Chairperson Clark Shivley, Secretary
APPROVED AS TO FORM:
____________________________________
James P. Collins, Esq.
ATTACHMENT A: MEMORANDUM OF AGREEMENT
Avon Public Safety Building DRAFT PROGRAM
Proportional Share Percentages
Page 1 of 2
Room Name Notes
NSF #Total
Basement Armory Room 200 1 200
Storage/Equipment Storage Room 400 1 400
Holding Cell 100 3 300
Sally Port 600 1 600 (24x24)
Booking/Fibngerprinting/Intoxiyzer 200 1 200
Mechanical / Boiler 200 1 200 Shared
Electrical 150 1 150 Shared
Elevator 100 1 100 Shared
Elevator Machine Room 120 1 120
Stair 250 1 250 Shared
ERFD Storage 3,500 1 3,500 Fire Suppression, Tech. Rescue, Hazarfdous Materials,
Wildfire and Deployments, Respiratory Protection,
EMS/Exposure Control, Fire Investigation, Community
Safety Outreach, Record Retention and Administration.
Subtotal (x1.15)6,923
Ground Floor Front Office 200 1 200
Workstation 50 2 100 Workstation for (2) with fingerprinting area
Records Room 300 1 300
Locker Room 400 2 800
Evidence Room 110 2 220
Interview Room 100 3 300 Audio video capacity
Public Restroom 150 2 300 Shared
Lobby 300 1 300 Shared
Elevator 100 1 100 Shared
Stair 250 2 500 Shared
Tower and Bay Storage 1,850 1 1,850
Aparatus Bay 6,400 Ladder Truck is 50'+ (16' hight doors) Includes BC
Buggie, Rescue Engine, Tower, Type 3 Engine
Subtotal (x1.15)11,658
Second Floor Sleeping Rooms 200 10 2,000
Storage Room 200 2 400
Restroom 200 2 400
Day Room 500 1 500
Dining 300 1 300
Walk in Refrigerator 150 1 150
Pantry 150 1 150
Kitchen 300 1 300
Lobby 300 1 300 Shared
Elevator 100 1 100 Shared
Stair 250 2 500 Shared
Subtotal (x1.20)6,120
Third Floor Police Ready Room 300 1 300
Patrol Report Wrriting Room 1,400 1 1,400 (14) cubicles @ 100 sf/cube
Sergeant Offices 120 3 360
Detective Offices 100 2 200
Chief Offices 140 1 140
Deputy Offices/Conferenc 140 1 140 Conference Table
Conference Room 200 1 200
Training Squad Room 1,000 1 1,000 Shared
Training Room storage 200 1 200
Recreation / Fitness Workout Area 800 1 800 Shared
Fitness storage 200 1 200
DEPARTMENT PROGRAM
Proposed
Policeand Fire Station Combined
Exhibit A: Cost Apportionment
Avon Public Safety Building DRAFT PROGRAM
Proportional Share Percentages
Page 2 of 2
Room Name Notes
NSF #Total
DEPARTMENT PROGRAM
Proposed
Policeand Fire Station CombinedStair 250 2 500 Shared
Elevator 100 1 100 Shared
library Woork Stations 150 1 150
Storage 200 1 200 Cleaning and office Supplies
Lt Engine Office 120 1 120
Battalion Conf Room 100 1 100
Ladder Rescue office 120 1 120
Battalion Chief Office 140 1 140
Battalion Chief Quarters 240 1 240 w/ Murphy bed and bathroom
Training Chief Office 240 1 240 w/ Murphy bed and bathroom
Training Division Offices 120 2 240
Crew Work Station Room 500 1 500 4 to 6 work stations in one room
Subtotal (x1.20)9,108
Grand Total 33,809
Total Shared 5,720 (Split Equally)
Total Police Department 6,360 (In Blue Above)
Total Fire Department 18,000 (In Red Above)
Total without Circulation 30,080
Circulation 3,729 (Split Equally)
Grand Total 33,809
Avon Police Proportioned SF 32.79%11,085
ERFD Proportioned SF 67.21%22,725
Exhibit A: Cost Apportionment
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UPDATED JUNE 2, 2015
EXHIBIT A: DESIGN & CONSTRUCTION MANAGER PROCESS
WG: Working Group [Jennie Fancher, Buzz Reynolds, Clark Shively, Jennifer
Cartmell-Hays, Virginia Egger, Chief Ticer, Justin Hildreth, Matt
Pielsticker, Eric Heil, Chief Bauer, George Wilson, Todd Goulding, Jim
Collins]
BOD: Board of Directors of the Eagle River Fire Protection District
ERFPD: Eagle River Fire Protection District
ATC: Avon Town Council
Avon: Town of Avon
FD Rep: Goulding Development Advisors
TASK DATE RESPONSIBLE PARTY
Draft Architectural Services RFP 3/31 Avon
Comments on Architectural Services RFP Due 4/2 WG
Advertise and Distribute Architectural Services RFP 4/3 Avon
Pre-Proposal Meeting and Site Tour 4/17 (9:00 a.m.) Avon & ERFPD
Architectural Services Proposals Due 4/24 (5:00 p.m.) Avon
Distribute copies of Architectural Services Proposals 4/25 (9:00 a.m.) Avon
Select Architectural firms to interview and determine
interview process and questions
4/28 (9:00 a.m.) WG
Interview Architectural firm 5/1 (8:00 a.m.) WG
Finalize Selection Recommendation for Architectural
Firm & Negotiate Professional Services Agreement 5/12 WG
Professional Service Agreement Architectural
Services Approval
5/21
5/26
BOD
ATC
Closing on Lot 1B, Buck Creek PUD 6/8 ERFPD
Draft Construction Manager at Risk RFP 6/1 – 6/15 Avon/FD Rep
Design Kickoff meeting 6/11 & 6/12 WG (as needed)
Comments on Construction Manager RFP 6/17 WG
Advertise and Distribute Construction Manager RFP 6/18, 6/25 & 7/2 Avon/FD Rep
Pre-Proposal Meeting and Site Tour 7/6 Avon/FD Rep
Construction Manager Proposals Due 7/10 Avon/FD Rep
Distribute copies of Construction Manager Proposals 7/10 Avon/FD Rep
Select Construction Managers to interview and
determine interview process and questions 7/13 WG
Interview Construction Managers 7/17 WG
GC Selection Recommendation 7/20 WG
Finalize Selection Recommendation for Construction
Manager & Contract 7/28 WG
Construction Manager Contract Approval 7/28 BOD & ATC
Construction Manager Begins 8/1 GC
Architect to Provide 100% Programming/Concept/SD 9/1 WG
GC Pricing for Programming/Concept/SD 9/15 GC
Architect to Provide 90% Design Documents 11/15 WG
GC Pricing DD Set Submitted 12/7 GC
TENTATIVE – BOND ELECTION 5/5/2016
ATTACHMENT: IGA UPDATED DESIGN PROCESS
AVON PUBLIC SAFETY FACILITY – WORKGROUP
Town of Avon
Jennie Fancher jfancher@avon.org
Buzz Reynolds breynolds@avon.org
Virginia Egger vegger@avon.org
Bob Ticer rticer@avon.org
Eric Heil ericheillaw@gmail.com
Matt Pielsticker mpielsticker@avon.org
Justin Hildreth jhildreth@avon.org
Eagle River Fire Protection District
Jennifer Cartmell Hays jbcartm@vail.net
Clive Shively shivleyavon@aol.com
Karl Bauer kbauer@eagleriverfire.org
George Wilson gwilson@eagleriverfire.org
Todd Goulding tgoulding@gda-co.com
ATTACHMENT: IGA UPDATED DESIGN PROCESS
Heil Law & Planning, LLC Office: 303.975.6120
3445 S. Clermont St. Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Award for Architectural Services
DATE: June 4, 2015
SUMMARY: Presented for Council consideration is the proposal for Architectural Design Services from Davis
Partnership Architects for the Joint Fire-Policy Safety Facility proposed on Lot 1B, Buck Creek subdivision. Staff is
requesting approval for award of Architect Services to Davis Partnership Architects along with the ability to finalize
the Agreement for Architect Services. This memo accompanies the related action item to approve the Memorandum
of Agreement for Cost Sharing.
BACKGROUND: The Town of Avon and ERFPD entered into an Intergovernmental Agreement on April 28, 2015
which set forth the intent and terms of the parties to jointly pursue the design, financing and construction of a Joint
Fire-Policy Safety Facility on Lot 1B, Buck Creek PUD. The IGA included a schedule for the Design Process, which
set forth actions to form a joint working group, solicit proposals for architectural and design services, interview
architects, select a firm and negotiate an agreement. The Town of Avon and Eagle River Fire Protection District
working group has accomplished these tasks, including interviewing four architect firms, including:
• Short Eliot Hendrickson
• Oz Architecture
• Roth Sheppard Architects
• Davis Partnership Architects
All the firms offered impressive skills and experience. Davis Partnership Architects was selected as the preferred
firm based its approach, experience, programming expertise for both fire and police, and familiarity with the property.
TERMS OF ARCHITECT AGREEMENT: Avon and ERFPD are currently negotiating the terms to be included in the
AIA B101 – 2007 Standard Form of Agreement between Owner and Architect (“Architect Agreement”). Attached is
the Exhibit A: Project Scope of Work that would be included in the Architect Agreement. The ERFPD provided very
good amendments to address local government contracts and authority. The Architect Agreement will include
specific provisions to define that Avon and ERFPD are only liable for their respective cost share, to define the Phase
1 – Concept and Programming portion of the services with a Not to Exceed prices of $130,000, and to set forth the
ability of either Avon or ERFPD to terminate the Architect Agreement after the Phase 1 – Concept and Programming
portion of the work (i.e. when there is a more defined understanding of the design and projected cost of a Joint Safety
Facility). Per the Memorandum of Agreement for Cost Share, Avon’s portion of the Phase 1 work is $49,004.01.
The total cost of the Architect Basic Services is $744,935.50 based upon the project size of the Joint Safety Facility.
Avon’s share would be determined in accordance with the Memorandum of Agreement. If the final design of the Joint
Safety Facility is less than initially projected, the Architect’s fee would be adjusted for the services performed after th e
Phase 1 – Concept and Programming work.
PROPOSED MOTION: “I move to approve the award of design services for the Joint Safety Facility to Davis
Partnership Architects and direct Town staff to finalize an Agreement for Architectural Services.”
Thank you, Eric
ATTACHMENTS: Exhibit A: Project Scope of Work
M EMORANDUM & PLANNING, LLC
Exhibit A
Project Scope of Work (Public Safety Facility)
The Davis Partnership Architects Team (Davis Team) will practice a highly collaborative process for program
verification, planning and design aimed at maximizing input, ideas and consensus in the critical early planning
stages of each project. This process will be especially useful as this project has complex program functions and
multiple stakeholders and there is the need to promote a collective understanding and consensus regarding
critical design decisions made during the early phase of the project. The Davis Team will be organized and have a
detailed plan ready to begin immediately in order to meet the demands of the schedule. The Davis Team
understands a Work Group comprised of Town of Avon and Eagle River Fire District representatives will oversee
the Public Safety Facility (PSF Work Group).
Below is the overview of the process the Davis Team will employ for the Public Safety Facility (PSF’s) project.
Project Kick-Off & Work Plan Meeting:
In order to allow people to collaborate, the PSF Work Group needs to understand how, when, and where the
group will be asked to participate. The Davis Team’s first step will be to work with the PSF Work Group to
create a “Work Plan” which outlines the program verification, planning and design process. Agenda items
include:
• Identify the project stakeholders, including PSF’s facilities staff, department heads, and other
representatives you wish to be involved. Arrange for proper levels of inclusion of these stakeholders in
the total effort.
• Bring the entire team into sync with specific goals and important program objectives.
• The meeting will cover project team introductions; roles of each member; preferred lines of
communication; critical program goals; group and individual goals and objectives for the project; and
project schedule refinement.
Program Verification:
The Davis Team recognizes that a lot of time and effort has already gone into setting this project into motion.
The program police and fire representatives have developed to date will give the Davis Team a head start on
understanding the project’s overall needs, but no doubt there will be adjustments based on updated information
as well as input concerning specific portions of the program from members of the Davis Team having
specialized expertise. The program will also need to be reviewed based on the proposed building site and an
awareness of existing programs and activities that could produce synergies. For these reasons, the Davis
Team will spend time with the PSF Work Group confirming the program information, compiling and
synthesizing the new data into an updated facility program. This document will represent the Davis Team’s
understanding of the project, and will also include:
• A list of all spaces and their descriptions.
• Key adjacencies and relationships between spaces.
• Critical equipment and its impact upon the spaces.
• An outline of all building systems requirements with performance criteria.
• Preliminary “blocking and stacking” schemes, showing the basic locations of each department on each
level of the building.
• Clearly identify unresolved issues that are critical to success
• At the completion of this phase, the PSF Work Group shall signoff on the Program Verification
documents listed above.
Exhibit A
The above will be performed by Davis Partnership Architects, RRM Design Group and MWL. RRM Design
Group (RRM) and McClaren Wilson and Lawrie, Inc (MWL) will attend a maximum of three planning trips
and three conference calls with the PSF Work Group during the programing and design portion of the project.
Beyond Program Planning
As the project moves ahead into subsequent design and documentation phases, the Davis Team’s design and
engineering team will schedule regular/weekly (as determined necessary) meetings to ensure PSF Work
Group input is captured as the design progresses though ever-increasing detail. Davis Partnership has a
track-record and reputation for impeccable project management. We consider communication, cost
management and quality to be every bit as deserving of our most diligent efforts as the design of your facility.
Our pledge to you is that you will always know what we are doing and what issues remain most pressing. We
use the latest business technologies to aid in the communication of project information, yet recognize the
value in direct telephone and face-to-face conversations.
Design Workshop & Concept Review:
The best way to gather information, solicit opinions, and move the entire team forward with consensus is to
hold a series of workshops, which frequently include a broad range of stakeholders. The workshops are phased
to allow a sequential process of information gathering, analysis, and synthesis, ultimately leading to
development of conceptual design alternatives and a final schematic design. The advantage of the workshops
is that they allow a tremendous amount of information to be gathered and decisions to be made in a short
period of time, while including the input of a broad range of constituents. Moreover, this process is fun, and it
generates widespread excitement and support for the project. The workshops are led by the design team; and,
we propose to organize a set of these meetings for PSF’s Work Group, representative administration and other
stakeholders as follows:
• Workshop 1: Introductions, overview on process, program components and goals review
• Workshop 2: Continued program component review and synthesis, preliminary blocking and stacking,
early test fits, discussion of sustainability goals and objectives
• Workshop 3: Review of final program, conceptual design/space plan alternatives
• Workshop 4: Preliminary schematic design and space plans – Further studies and refinement, plus
update on building exterior development, parking solutions, and sustainable design strategies
• Workshop 5: Final schematic design presentation.
These workshops would typically be held once every two to three weeks, depending upon the availability of
participants; we believe this approach makes the most of the architectural design process.
Public outreach meetings will coordinate on the same days as three of the workshops, if possible. These
meetings are intended to engage the public on the need for the project and in the design process.
Smaller Group Sessions
As progress is made in each workshop, tasks will be identified that need to be taken on by smaller groups or
different departments. Each of these smaller groups will normally include a member of the design team, who
will be responsible for leading the meetings, documenting the results, and reporting back to the larger group.
The small groups typically provide information that is synthesized and integrated by the larger group. An
example would be small groups organized to provide detail into the office area, or a group concerned with the
program for the shop areas, etc., each of which affects the overall program and design.
Exhibit A
Primary Tasks & Deliverables
The following is an overview of the tasks and deliverables The Davis Team will provide at each phase of the
project:
Conceptual Design
• Verify functional program requirements and develop a ‘final program’
• Develop a full and complete analysis of the project site
• Develop a number of blocking and stacking options – with 3-D massing models - based on the two
items above
• Review sustainability and energy saving opportunities for each option
• Develop early program space plan ‘test-fits’ for each of the favored blocking and stacking schemes
• Confirm project budget alignment with an independent cost estimate (Provided by Owner)
• Prepare Conceptual Design package for review and approval by the WG before moving into SD’s
Schematic Design
• Develop room by room floor plans
• Produce three-dimensional views of building exterior and key interior spaces
• Gather final detailed occupancy data from users
• Identify building utility upgrades required by the approved plan
• Establish key sustainability strategies and mechanical and electrical system approaches
• Confirm project budget alignment with an independent cost estimate by others
• Prepare and submit to regulatory authority required applications and submittals
• Prepare Schematic Design package for review and approval by the WG before moving into DD’s
• Assist in preparation of documents and the soliciting of Construction Manager
Design Development
• Develop detailed floor plans, ceiling plans, and finishes
• Complete occupancy plans illustrating fixed equipment, movable equipment locations and supporting
building service requirements
• Develop final exterior building design and envelope
• Develop finish schedule and outline specifications
• Select equipment for mechanical and electrical systems
• Review plans with local code officials
• Verify construction cost, schedule and phasing with TOA Construction Manager
• Prepare Design Development package for review and approval by the WG before moving into CD’s
Exhibit A
Construction documents and specifications
• Prepare and complete coordinated construction documents
• Complete specifications
• Develop bidding documents
• Prepare Building Permit Submittal package (and other ADJ’s requiring review).
Construction Administration
• Availability to the client and contractor
• Daily communication between contractor’s project manager
• Regular monthly site visits (coordinated with Pay Applications or as needed)
• Weekly OAC meetings (can be by conference call)
• Pay App and Change Order review and approvals
• Respond to all submittals and requests for information from Construction Manager
Exhibit A
Note: These fees are cost not to exceed for the current project scope
Additional Scope Definition
• As noted in our proposal dated April 27, 2015, the above fees are inclusive of Architectural, Fire
and Police Planning services, Landscape and Site design, Civil, Structural, Mechanical, Electrical,
Plumbing as well as Interior design services. The above fee table is starting point for us to
understand the magnitude of the potential fees but we understand the size and cost may vary
from the amounts shown above.
• The fees defined above are for a building estimated to be approximately $10.5 million, based
upon a building size of 33,000 at a cost of $300/square foot with $570,000 for structured parking.
We understand the total size of the facility has not been finalized and that building might not be
Fee Work Sheet
Construction Cost Estimate
Total Sf Bldg.33,000
Cost/sf 300
Structured parking 570,000$
Total Construction Cost for Bldg. & Parking $10,470,000
Total Construction Cost for Fire Station 10,470,000$
Architectural Fee % of Construction Cost 3.00%314,100$
Concept and SD fee is 15% of Arch. Fee 15.00%47,115$
DD Fee is 18% of arch Fee 20.00%62,820$
CD Fee is 37% of Arch Fee 40.00%125,640$
CA Fee is 30% of Arch Fee 25.00%78,525$
RRM Design 32,800$
MWL Planning 19,265$
TOA Approvals Allowance 28,000$
Landscape / Site Design 45,000$
Civil 52,000$
Site Irrigation 5,000$
Structural 79,935$
MEP 97,000$
Interiors 33,000$
Traffic (NIC)
AV/IT/Telecom/Security infrastructure (NIC)
Cost Estimates are by Owner provided Construction Manager
Consultant Fee Total 392,000$
Reimbursables @ 5.5% of Fees billed at Cost (Estimated)
Total Fees 706,100.00
Total Reimbursable @ 5.5% of fees 38,835.50
Total Fee and Reimbursable Cost 744,935.50
% Fee 7.11%
Exhibit A
as large and construction cost could go up and it could go down. This is a cost not to exceed fee
for all consultants noted in fee worksheet and will only be billed if the Davis Group engages a
consultant group on the scope of work. Davis Team will re-bid these fees after programing if the
building size is reduced by more than 7% or if we believe we can get a savings in fees with a
more defined scope. The fees for programing and concept design are fixed fee numbers that will
not be adjusted. The fees defined for civil and landscape will not be adjusted based on the size
and cost of the building but the MEP and structural are expected to be reduced if their scope is
reduced.
• Davis Partnership Architects has retained MWL planning architects to assist with the planning of
the police station program. We have included this fee and lowered the fee we had for RRM
Design group. MWL will also identify the device type and location for security devices. These
fees are defined by the equipment specified and therefore cannot be estimated/included at this
time. The fees and cost for this scope will be carried in the cost of construction as a design build
cost.
• The PSF Work Group may elect to proceed with an alternate to include additional review and
planning by MWL at the time of Construction Documents in the amount not to exceed $14,000.
This fee is not included in the fee worksheet above but may be added by the PSF work group if
the reduction in the size and scope of the building/ fees allow.
• The programming documents are going to be produced by Davis Partnership with the assistance
of RRM Design Group and McClaren Wilson and Lawrie, Inc...
• The AV / IT and Telecommunications infrastructure is excluded from our scope of services. We
believe these will be required but we typically see the owner securing these services separately
and including these in their project scope. We can assist in soliciting these services/fees after we
are at a 50% completion of the DD drawings. This is also true for data network hardware,
telephone hardware, sound masking, and wireless access points or any low voltage
communication systems used by the police and fire departments.
• Per the addendum the Davis Partnership Team understands the cost estimating will be performed
by the construction manager.
• We are excluding LEED Certification and design but we are including good sustainable practices
in our design.
• Per the addendum we are excluding any traffic engineering from our scope of services.
• The entire team anticipates multiple bid packages will not be required.
• Redesign after the start of Contract Documents is not in the base fees unless redesign is required
to meet the established budget or are the results of errors and omissions..
• Computerized energy modeling is not included in the MEP scope.
• Commissioning is not included in the MEP scope.
• Offsite utility studies are not included in the MEP scope.
• The civil scope shall include all services required for bidding, permitting and construction of the
project including a drainage analysis and report, a detailed grading, erosion control, storm water
management plan and earthwork analysis plan. Civil will be designing drainage improvements,
including storm sewers, inlets, manholes, sidewalks, concrete pans, and water quality structure
sizing. Civil will also be preparing a utility plan and a site layout plan. Civil will also prepare
perimeter drain drawings.
• The design scope and fees assume we will stay out of existing easements, including easements
for water and sewer mains, irrigation ditches, dry utilities and floodplain boundaries.
• The civil scope does not include retaining wall design.
Exhibit A
• As-built drawings are not included in our base fees for any of the engineers.
• Davis Partnership will adhere to the budget methodology and cost control program as outlined in
pages 34 and 35 of the proposal.
• Billings and/or invoices for work performed by the Davis Partnership Group shall be made directly
to the Town of Avon and to the Eagle River Fire Protection District, respectively. The billing
shares shall be provided to Davis Partnership Group by the PSF Work Group via an approved
Memorandum of Understanding between the Town of Avon and the Eagle River Fire Protection
District.
• Upon complete payment for services rendered, the Work Product shall be deemed work made for
hire and made in the course of services performed under this Agreement and will be the exclusive
property or the PSF working group. The PSF Group will have unlimited right to make, have
made, use, reconstruct, repair, modify, reproduce, publish, distribute and sell the Work Product in
whole or in part or combine the Work Product with other matter, or not use the Work Product at all
if sees fit. Any resuse of the Work Product produced under this agreement for any purpose not
directly related to this Agreement will be at the sole risk to the Town.
Heil Law & Planning, LLC Office: 303.975.6120
3445 S. Clermont St. Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Second and Final Reading of Ord. No. 15-07 – Amplified Sound Permits and Private
Events
DATE: June 3, 2015
SUMMARY: Town staff proposed revisions to the Avon Municipal Code (“AMC”) to update the Amplified
Sound Permit regulations and to authorize private events with alcohol service at the Avon Performance
Pavilion at a work session held on May 12, 2015. Town staff presented Ord. No. 15-07 to Council to
implement the proposed revisions to sound permitting and use of alcohol on Town properties. Council
considered Ord. No. 15-07 at its regular meeting on May 26, 2015 and took action to approve the ordinance
as presented. Ordinance No. 15-07 is presented to Council for second and final reading.
REVISIONS TO CHAPTER 5.24 – Amplified Sound Permits: Chapter 5.24 was originally adopted in
1988 by Ordinance No. 88-13. The administrative procedures were adopted by Resolution No. 88-20.
Chapter 5.24 and Resolution No. 88-20 are attached to this memorandum for your reference.
The revisions to Chapter 5.24 are primarily to consolidate and update the regulations and procedures and
to improve the public notice posting and publishing requirements.
There has been some confusion in the wording of Chapter 5.24 and the Administrative Procedures for
Outdoor Use of Amplified Sound Equipment as adopted by Resolution No. 88-20. As written, Chapter 5.24
states that Town Council has to approve Amplified Sound permits for outdoor use of amplified that occurs
outside of the defined hours in Nottingham Park and in commercial zone districts. Pursuant to the
Administrative Procedures adopted by Resolution No. 88-20, all other outdoor use of amplified sound
requires an administrative permit to be issued by the Town Clerk. For years, the Town has not completed
the application form and granted administrative approval for outdoor use of amplified sound in Nottingham
Park in accordance with the administrative procedures adopted by Resolution No. 88-20. Furthermore, the
only “standards” for administrative permits to be issued by the Town Clerk are completion of an application
page that included the name, location and hours of the outdoor amplified sound use.
The proposed revisions consolidate the Amplified Sound Permit procedures into the Avon Municipal Code
to facility administration, clarify the application procedures and submittal requirements, and adopt
standards applicable for all Amplified Sound Permit applications.
POLICY NOTES: There have been few, if any, applications for outdoor amplified sound in residential
areas or in commercial years over the last several years with the exception of the restaurant at Traer Creek
Plaza. One option for Council’s consideration is to abolish the requirement for an administrative Amplified
Sound Permit in all areas of Town and only require Amplified Sound Permits for outdoor use of amplified
sound that is outside the defined hours.
Town staff presented potential regulation of the hours of outdoor acoustic music, especially on the Main
Street Mall. However, Council recently enacted regulation of public artists, AMC Sec. 5.04.070 adopted by
Ordinance No. 15-02. My recommendation is that the Public Artists regulations and general disturbing the
peace regulations are sufficient for enforcement of any problems arising from outdoor acoustic music.
M EMORANDUM & PLANNING, LLC
Avon Town Council
Ord No. 15-07
June 3, 2015
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Ord No. 15-07
June 3, 2015
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The substantive changes include the following:
Exemptions from Permit Requirements: Emergency response, Salute to the USA and low wattage
personal sound amplification devices are all identified as exempt from permit requirements.
Town Manager to Administer: Per the work session presentation, administrative review of Amplified
Sound Permit applications would be processed by the Town Manager rather than the Town Clerk.
Nottingham Park (Including Avon Performing Pavilion): The proposed revisions would allow
administrative approval of outdoor use of amplified sound in Nottingham Park until 10:00 p.m. on
Thursdays, Fridays and Saturdays. AMC Sec. 5.24.020 currently requires Town Council to approve any
outdoor use of amplified sound in Nottingham Park after 8:00 p.m. after conducting a public hearing.
Non-Commercial Areas: AMC 5.24.030 establishes an absolute prohibition on outdoor amplified sound in
any zone district not allowing commercial use before 9:00 a.m. and after 8:00 p.m. This is confusing
because Town parks and public facilities are located in “zone districts not allowing commercial use”. The
new regulations allow permits for outdoor use of amplified sound outside these hours subject to Town
Council review after conducting a public hearing.
Public Hearings: The minimum requirements for posting and publishing notice of public hearing is better
defined and establishes the requirement for a minimum posting and publishing at least 6 days prior to the
hearing.
Town Property: Other than the designated hours for administrative approval in Nottingham Park and the
Pavilion, outdoor amplified sound use on any other Town property, including Main Street Mall, will require
Town Council review and approval after conducting a public hearing.
Music or Human Voice: AMC 5.24.030(b) states, “It is unlawful for any person, whether or not a permit
has been obtained, to amplify any sound other than music or the human voice or a combination thereof.”
This provision is deleted because it conflicts with any sound effects that may be part of a music
performance or other performance and conflicts with the outdoor use of amplified sound for outdoor
movies.
Fee: Resolution No. 88-20, Section B.2., states that the application fee shall be $25 plus publication costs.
Proposed language for AMC 5.24.040(a) would authorize the Town Manager to include an application fee
not to exceed $100.
REVISIONS TO AMC SEC. 9.12.080: AMC Sec. 9.12.080 is revised to allow consumption of alcohol on
public property and/or public right-of-ways if a “private event” permit is issued pursuant to 9.40.040 (see
revisions to event permitting for parks and public property below). Town staff recommended revisions to
the Avon Municipal Code to allow consumption of alcohol at the Avon Performance Pavilion when the
Pavilion is rented for private events. I am proposing to broaden the authorization to include all public
property and/or public right-of-ways so that if the Town desires in the future to permit private events
elsewhere besides the Pavilion it may do so without the need to amend the Avon Municipal Code. There is
no current intention or idea of permitting private events anywhere else other than the Pavilion; however, I
am recommending that this flexibility be adopted when amending the Avon Municipal Code at this time so
Avon Town Council
Ord No. 15-07
June 3, 2015
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Ord No. 15-07
June 3, 2015
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that future revisions to the Avon Municipal Code are not required if (when) there are new ideas about
permitting private events. Permitting private events on Town property will always remain a discretionary act
of the Town and the proposed revisions to the Avon Municipal Code does not create any obligation of the
Town to permit private events anywhere on Town property.
REVISIONS TO AMC CHAPTER 9.40: Chapter 9.40 has been revised to define “private event” as an
event held on Town owned property that is not open to the general public and then adopt minimum
standards for private events, including standards for service of alcohol at private events. The standards
incorporate the recommendations of Town staff presented at the work session.
In addition, a prohibition on smoking in any Town Park and on the Main Street Mall is proposed. This
recommendation comes from enforcement concerns about smoking at the West Avon Preserve. The
national trend has been to expand smoking prohibitions to outdoor public areas. Currently, the Westin
does not allow smoking anywhere on its grounds, including the public pedestrian plaza by the gondola.
Enacting a smoking prohibition is most important for the open space areas due to wildfire risks.
POLICY NOTE: Council consideration should be given to the extent of the proposed prohibition on outdoor
smoking on public properties and Council could narrow the prohibition to open space areas.
PROPOSED MOTION: “I move to approve Ordinance No. 15-07 on second and final reading, AN
ORDINANCE AMENDING CHAPTER 5.24, SECTION 9.12.080, AND CHAPTER 9.40 OF THE AVON
MUNCIPAL CODE AND REPEALING RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND
PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN PROPERTY AND PROHIBITING
SMOKING IN PARKS, OPEN SPACE AND THE MAIN STREET MALL.”
Thank you, Eric
ATTACHMENTS:
Attachment A: Ordinance No. 15-07
Attachment B: Chapter 5.24
Attachment C: Resolution No. 88-20
Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
FINAL – June 9, 2015
Page 1 of 9
TOWN OF AVON, COLORADO
ORDINANCE NO. 15-07
SERIES OF 2015
AN ORDINANCE AMENDING CHAPTER 5.24, SECTION 9.12.080, AND
CHAPTER 9.40 OF THE AVON MUNCIPAL CODE AND REPEALING
RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND
PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN
PROPERTY AND PROHIBITING SMOKING IN PARKS, OPEN
SPACE AND THE MAIN STREET MALL
WHEREAS, the Avon Town Council finds that amendments to Chapter 5.24, Section
9.12.080, and Chapter 9.40 will improve and clarify the administration of Amplified Sound
Permits, procedures for approving private events on public property, and will enact appropriate
restrictions on smoking in Town parks and open space and on the Main Street Mall; and,
WHEREAS, the Avon Town Council has authority to adopt and amend regulations
concerning amplified sound and use of Town property, parks and public right-of-ways based on
its home rule authority and under general municipal statutory authority; and,
WHEREAS, it is the Town Council finds that amendment to Chapter 5.24, Section 9.12.080,
and Chapter 9.40 of the Avon Municipal Code will promote the health, safety and welfare of the
Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the proposed legislation and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed amendments to the Avon
Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Repeal and Re-enactment of Avon Municipal Code Chapter 5.24. Avon
Municipal Code Chapter 5.24 Amplified Sound Systems is hereby repealed in its entirety and re-
enacted to read as follows:
CHAPTER 5.24 AMPLIFIED SOUND SYSTEMS
5.24.010 Amplified Sound Permit required.
ATTACHMENT A: ORD. NO. 15-07
Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
FINAL – June 9, 2015
Page 2 of 9
(a) These regulations concerning amplified sound systems are adopted to prevent noise nuisance
in the Town of Avon while allowing for amplified sound for public and private events, establish
minimum standards for the permitting of amplified sound, and adopt procedures for public
notification and input for certain categories of amplified sound. These regulations shall be
interpreted and applied so as not to infringe upon the reasonable constitutional right of free
speech and right of assembly.
(b) The following activities and uses of amplified sound shall not require an Amplified Sound
Permit:
(i) Amplified sound related to any governmental emergency building, vehicle or response
activity;
(ii) Use of amplified sound by an officer, employee or agent of any local, state or federal
government;
(iii) In Nottingham Park, including the Avon Performance Pavilion, for The Salute to the USA
held on July 3 of each year; and,
(iv) Small low wattage personal sound amplification devices that do not disturb others.
(c) Unless expressly exempt as set forth in Sub-Section (b) above, an Amplified Sound Permit
shall be required and shall be obtained prior to the use and operation of amplified sound
outdoors in the Town of Avon, including use and operation of a loudspeaker or sound-
amplifying equipment in a fixed or movable position or mounted upon any sound truck or other
mobile vehicle or equipment.
(d) It is unlawful for any person to use or operate amplified sound outdoors in the Town without an
Amplified Sound Permit when an Amplified Sound Permit is required.
5.24.020 Administrative Approval.
(a) The Town Manager may approve an Amplified Sound Permit for outdoor use of amplified
sound use at following locations and times:
(i) In Nottingham Park, including the Avon Performance Pavilion, on Sundays through
Wednesday between the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through
Saturday between the hours of 9:00 a.m. and 10:00 p.m.
(ii) In any non-commercial zone (including any planned unit development area allowing non-
commercial use, but not including Town properties, parks and the Main Street Mall)
between the hours of 9:00 a.m. and 8:00 p.m.
(iii) In any commercial zone (including any planned unit development area allowing
commercial, but not including Town properties and the Main Street Mall between the hours
of 8:00 a.m. and 10:00 p.m.).
ATTACHMENT A: ORD. NO. 15-07
Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
FINAL – June 9, 2015
Page 3 of 9
(b) No public hearing shall be required prior to review and approval of an administrative approval
of an Amplified Sound Permit. The Town Manager may elect to solicit public comments or may
refer an Amplified Sound Permit application to the Avon Town Council to be considered after
conducting a public hearing in accordance with Section 5.24.030 below.
(c) Any outdoor use of amplified sound outside the hours and in the locations established in this
Section shall require review and approval by the Avon Town Council.
(d) An applicant for an Amplified Sound Permit can appeal the decision of the Town Manager to
the Avon Town Council. An appeal must be submitted by an applicant in writing to the Town
Clerk within fourteen (14) days the date of the decision by the Town Manager. The Town
Council shall conduct a public hearing within forty-five (45) days of receipt of a written request
for appeal. Written notice of the public hearing date, time and location shall be mailed to the
appellant via first-class U.S. mail at least ten (10) days prior to the public hearing, unless the
appellant agrees to a shorter time frame and a different notification method. The Town Council
shall review an appealed Amplified Sound Permit application de novo.
5.24.030 Town Council Approval.
(a) Any Amplified Sound Permit application that is not subject to administrative approval or that is
referred by the Town Manager to the Town Council shall be subject to review and approval by
the Town Council after conducting a public hearing.
(b) A public hearing for an Amplified Sound Permit shall be posted and published at least six (6)
days in advance of the public hearing on the Town’s website; in a newspaper of general
circulation in Avon; at the Avon Town Hall, Avon Library and Avon Recreation Center; and,
with regard to an Amplified Sound Permit on the Main Street Mall, posted at the proposed
location of the amplified sound.
5.24.040 Amplified Sound Permit Applications.
(a) An application for an Amplified Sound Permit shall be submitted to the Town Manager on
forms established by the Town Manager, which shall include the minimum information set forth
in this Section 5.24.040 and which shall include an application fee determined by the Town
Manager not to exceed $100.00.
(b) Name, physical address, mailing address and e-mail address, phone number.
(c) Proposed location for the amplified sound event(s).
(d) Proposed dates and times for the amplified sound event(s).
(e) Map or diagram depicting the location of the sound amplifying equipment, proposed direction
of sound projection, and potential sound projection distance.
(f) Description of sound amplifying equipment.
ATTACHMENT A: ORD. NO. 15-07
Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
FINAL – June 9, 2015
Page 4 of 9
(g) Description of any sound screening or other measures to mitigate the adverse impacts of
amplified sound.
(h) Description of event and purpose of sound amplification.
(i) Amplified Sound Permit applications shall be submitted at least sixty (60) days prior to the
proposed event(s) using outdoor amplified sound provided that the Town may waive or reduce
this minimum application submittal deadline at the Town’s sole discretion.
5.24.050 Standards for Amplified Sound Permits.
Amplified Sound Permit applications shall be evaluated according to the following review criteria:
(a) Whether the proposed amplified sound, date, time, and associated event is compatible with
other uses and activities in the vicinity.
(b) Whether the potential adverse impacts of the sound and noise generated upon community and
surrounding neighborhood are unreasonable or if the negative impacts exceed the potential
benefits to the community of permitting the event.
(c) The approving person or body may prescribe any conditions, limitations, requirements or
mitigation deemed necessary to minimize the potential adverse impacts on the community
and/or surrounding neighborhood; which include but are not limited to: limiting the time and/or
duration of amplified sound, determining the direction of the amplified sound, and requiring
sound screening.
(d) Amplified Sound Permits may be granted for a specific event, which shall include designation
of the date or dates of the event, or may be granted for re-occurring events provided that such
approval shall not exceed a duration of one year.
(e) Amplified Sound Permits shall be subject to suspension and revocation for any violation of the
terms and conditions set forth in the Amplified Sound Permit. The Town Manager may
summarily suspend an Amplified Sound Permit based upon a preponderance of evidence that
the terms and conditions of the Amplified Sound Permit have been violated and shall refer the
permit to the Town Council for a public hearing and consideration of revocation. The Town
Manager may refer an Amplified Sound Permit to the Town Council to for a hearing and
consideration revocation based upon probable cause that the terms and conditions of the
Amplified Sound Permit have been violated. At least three (3) days written notice shall be
provided to the Amplified Sound Permit holder prior to the hearing, which notice may be
emailed to the email address provided in the permit application and which notice shall state the
nature of the violation of the terms and conditions.
5.24.060 Penalty.
Any person violating any of the provisions of this Chapter shall be deemed to have committed a
civil infraction for each and every day or portion thereof during which any infraction is committed,
continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
ATTACHMENT A: ORD. NO. 15-07
Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
FINAL – June 9, 2015
Page 5 of 9
Section 3. Resolution 88-20 Repealed. Resolution 88-20 Adopting Administrative
Procedures for Outdoor Use of Amplified Sound Equipment is hereby repealed in its entirety.
Section 4. Amendment to Section 9.12.080. Section 9.12.080 of the Avon Municipal Code
is hereby repealed in its entirety and re-enacted to read as follows:
“9.12.080 - Drinking on public property and public right-of-ways without permit prohibited.
(a) It is unlawful for any person to consume any malt, vinous or spirituous liquors or fermented
malt beverages upon any street, alley, sidewalk, park, public property, public building or public
parking lot in the Town or in any vehicle upon such places unless authorized in this Section
9.12.080.
(b) It is unlawful for any person to possess or have in his or her possession or under his or her
control in or upon any street, alley, sidewalk, park, public building or public parking lot in the
Town, any malt, vinous or spirituous liquors or fermented malt beverages in any container of
any kind or description which has been opened or which is not sealed or upon which the seal is
broken, except in areas permitted pursuant to Sub-Section (c) of this Section. The word
sealed means the regular seal applied by the United States Government over the cap of all
malt, vinous or spirituous liquors or fermented malt beverages. It shall not be unlawful for any
person to have in his or her possession or under his or her control one (1) opened container of
vinous liquor removed from a licensed premises pursuant to Section 12-47-411(3.5), C.R.S.
(c) Consumption and possession of malt, vinous or spirituous liquors or fermented malt beverages
on public property and/or public right-of-ways is permitted under the following limited
circumstances:
(1) pursuant to the time, location and limitations of a special events permit that has been
issued pursuant to Article 48, Title 12, C.R.S.;
(2) pursuant to a private event permit when such person is a member or guest of a qualifying
organization and which event meets the qualifications for exemption from special event
permits pursuant to Section 12-48-108, C.R.S., except that the consumption of spirituous
liquors shall not be permitted by any person at an event which meets the qualifications for
exemption from special event permits pursuant to Section 12-48-108, C.R.S.; and,
(3) pursuant to a private event permit that meets the minimum requirements of Section
9.40.040.”
Section 5. Amendment to title of Chapter 9.40. The title of Chapter 9.40 is hereby
amended to read as follows:
“CHAPTER 9.40 – Public Property, Parks and Special Event Areas”
Section 6. Amendment to Section 9.40.010 – Definitions. Avon Municipal Code Section
9.40.010 – Definition is hereby amended to add the following definition:
“Private event means an event held on Town owned property, park or public right-of-way that is
not open to the general public.”
ATTACHMENT A: ORD. NO. 15-07
Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
FINAL – June 9, 2015
Page 6 of 9
Section 7. Amendment to Section 9.40.040.
“9.40.040 Permit and license procedures and standards.
(a) An application for any use and activity which requires a permit or license under this
Chapter 9.40 must be submitted to the Town no later than sixty (60) days prior to the
proposed use or activity to be considered for approval, provided that the Town may waive
or reduce such requirement at the sole discretion of the Town.
(b) Applications shall be on forms prescribed by the Town Manager and shall be reviewed and
determined by the Town Manager.
(c) A special event or private event permit may be issued by the Town Manager upon the
determination that the proposed event: (1) does not unduly conflict with any previously
scheduled use; (2) will not harm Town property; (3) will not create a clear and present
danger to the public; (4) will not present a probable conflict with the reasonable enjoyment
of park by the general public; (5) will not present a probable conflict with the use of Town
owned property or public right-of-way; and (6) provides mitigation, conditions and/or
limitations to minimize or prevent potential adverse impacts, as determined necessary and
adequate by the Town.
(d) Special event permits shall comply with the following minimum standards:
(1) Special event permit holder shall provide general liability insurance naming the Town
as additional insured and shall indemnify the Town in a form acceptable to the Town
Attorney.
(2) Special event permit holder shall abide by the terms and conditions of the special
event permit and shall execute such other agreement or agreements deemed
appropriate by the Town.
(3) If alcohol is to be served at the special event, the special event permit holder shall
comply with Section 5.08.170 and other applicable regulations of the Town and State
of Colorado.
(e) Private event permits shall comply the following minimum standards:
(1) Private event permit holder shall provide general liability insurance naming the Town
as additional insured and shall indemnify the Town in a form acceptable to the Town
Attorney.
(2) Private event permit holder shall execute a license agreement for use of the public
property in a form acceptable to the Town Manager and Town Attorney.
(3) If alcohol is to be served at the private event, the private event permit holder shall
comply with the following additional standards:
(i) the private event permit holder shall comply with all Colorado State Liquor laws.
ATTACHMENT A: ORD. NO. 15-07
Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
FINAL – June 9, 2015
Page 7 of 9
(ii) Private event shall admit only invited guests.
(iii) Alcohol must be purchased by permit holder and not a caterer or third party.
(iv) Alcohol must be served by a TIPS trained person who is not a guest at the
event.
(v) Alcohol must be consumed at the private event area during the private event
times. Consumption of alcohol is not permitted during set-up and break-down of
the private event.
(vi) Private event permit holder shall not permit guests to leave with open containers
of alcohol.
(vii) Private event permit holder must abide by an alcohol management plan
submitted to and approved by the Town Manager.”
Section 8. Amendment to Section 9.40.050 – Restrictions on uses and activities. Avon
Municipal Code Section 9.40.050 is hereby amended to add a subsection (20) to read as follows:
“(20) Smoking. Smoking is not permitted in any Town park (including open space areas) as
defined in Section 9.40.010 or on the Main Street Mall except in a designated outdoor smoking
area if such area is approved by the Town as part of a special event permit or private event
permit.”
Section 9. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 10. 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 11. Effective Date. This Ordinance shall take effect thirty (30) days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
ATTACHMENT A: ORD. NO. 15-07
Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
FINAL – June 9, 2015
Page 8 of 9
Section 12. 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 13. 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 14. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
ATTACHMENT A: ORD. NO. 15-07
Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40
FINAL – June 9, 2015
Page 9 of 9
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 26, 2015 and setting such public hearing for June 12, 2015 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on June 12, 2015.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A: ORD. NO. 15-07
Page
1
CHAPTER
5.24
-‐
Amplified
Sound
Systems
5.24.010
-‐
Permit
required.
(a) It is unlawful for any person other than an employee of any local or the state or federal government
to install, use or operate outdoors, within the Town, a loudspeaker or sound-amplifying equipment in
a fixed or movable position or mounted upon any sound truck without a permit obtained pursuant to
Subsection (b) of this Section.
(b) Application for a permit shall be made to the Town Clerk on forms provided by him or her. Such
application shall be acted upon by the Town Clerk in accordance with an administrative procedure
which shall be approved by the Town Council by resolution.
(Ord. 88-13 §1(part))
5.24.020
-‐
Special
permit
required—public
hearing.
(a) It is unlawful for any person other than an employee of any local or the state or federal government
to install, use or operate outdoors in any zone district allowing commercial uses before 8:00 a.m. or
after 10:00 p.m. or in Nottingham Park before 9:00 a.m. or after 8:00 p.m., a loudspeaker or sound-
amplifying equipment in a fixed or movable position or mounted upon any sound truck without a
permit obtained pursuant to Subsection (b) of this Section.
(b) Application for a permit shall be made to the Town Clerk on forms provided by him or her. Such
application shall be acted upon by the Town Council after public hearing in accordance with an
administrative procedure which shall be approved by the Town Council by resolution.
(Ord. 88-13 §1 (part))
5.24.030
-‐
Prohibited
acts.
(a) It is unlawful for any person other than an employee of any local or the state or federal government,
whether or not a permit has been obtained, to install, use or operate outdoors, in any zone district
not allowing commercial uses, before 9:00 a.m. or after 8:00 p.m. a loudspeaker or sound-amplifying
equipment in a fixed or movable position or mounted upon any sound truck.
(b) It is unlawful for any person, whether or not a permit has been obtained, to amplify any sound other
than music or the human voice or a combination thereof.
(Ord. 88-13 §1 (part))
5.24.040
-‐
Penalty.
Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil
infraction for each and every day or portion thereof during which any infraction is committed, continued or
permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
(Ord. 07-03 §6)
ATTACHMENT B: Chapter 5.24 of Avon Municipal Code
ATTACHMENT C: RES. 88-20
ATTACHMENT C: RES. 88-20
ATTACHMENT C: RES. 88-20
ATTACHMENT C: RES. 88-20
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, MAY 26, 2015
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:12 p.m. A roll call was taken and Council members present
were Megan Burch, Buz Reynolds, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Also
present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker,
Director of Parks and Recreation John Curutchet, Assistant Town Manager Scott Wright, Executive Assistant
to the Town Manager Preston Neill and Town Clerk Debbie Hoppe
2. APPROVAL OF AGENDA
Mayor Pro Tem Wolf asked to add Item 6.3 ECO Transit and Trails update.
Town Attorney Eric Heil requested adding the following executive session item:
For a conference with the Town Attorney for the purpose of receiving legal advice regarding a Mountain Star
water storage tank under C.R.S. §24-6-402(2)(b).
Town Manager Virginia Egger asked to add Tiger Grant Support.
Council agreed to the changes.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No comments were made.
4. ACTION ITEMS
4.1. PRESENTATION AND MOTION TO ACCEPT THE 2014 TOWN AUDIT
(ASSISTANT TOWN MANAGER SCOTT WRIGHT, PAUL BACKES, MCMAHAN & ASSOC., CPAS)
Councilor Reynolds moved to accept the 2014 Comprehensive Annual Financial Report; Councilor Burch
seconded the motion and it passed unanimously by those present.
4.2. PRESENTATION OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING (CAFR) TO
ASSISTANT TOWN MANAGER SCOTT WRIGHT AND FINANCE MANAGER VALERIE B ARRY ON BEHALF OF THE
FINANCE DEPARTMENT (MAYOR JENNIE FANCHER)
4.3. PUBLIC HEARING SECOND R EADING OF O RDINANCE NO. 15-06, A REZONING OF LOT B, AVON CENTER
SUBDIVISION, FROM PUD TO TOWN CENTER (TC) ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER)
Mayor Fancher opened the Public Hearing, no comments were made. Councilor Burch moved to
approve the Second Reading of Ordinance No. 15-06, A Rezoning of Lot B, Avon Center Subdivision,
from PUD to Town Center (TC) Zone District; Mayor Pro Tem Wolf seconded the motion and it passed
unanimously by those present.
4.4. REVIEW AND DIRECTION REGARDING A PROPOSAL BY THE SEASONS FOR REDEVELOPMENT AND CHANGES
FROM COMMERCIAL USE TO ACCOMMODATIONS USE A BUTTING THE MAIN STREET MALL
(PLANNING MANAGER MATT PIELSTICKER)
FINAL - Avon Council Meeting 5-26-2015 Minutes Page 1
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, MAY 26, 2015
AVON TOWN HALL, ONE LAKE STREET
4.5. ACTION ON NOTICE OF AWARD FOR THE 2015 RECREATION CENTER REMODEL PROJECT
(TOWN ENGINEER JUSTIN HILDRETH)
Councilor Reynolds moved to authorize issuance of Notice of Award for the 2015 Recreation Center Remodel
Project Contract to the low bidder, Woodstone Homes, in the amount of $104,940. Councilor Smith Hymes
seconded the motion and it passed unanimously by those present.
4.6. FIRST READING OF ORDINANCE NO. 15-07, AMENDING CHAPTER 5.24, SECTION 9.12.080 AND CHAPTER 9.40
OF THE AVON MUNICIPAL CODE AND REPEALING RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND
PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN PROPERTY AND PROHIBITING SMOKING IN PARKS, OPEN
SPACE AND THE MAIN STREET MALL (TOWN ATTORNEY E RIC HEIL)
Councilor Reynolds moved to approve the First Reading of Ordinance No. 15-07, Amending Chapter
5.24, Section 9.12.080 and Chapter 9.40 of the Avon Municipal Code and Repealing Resolution No. 88-
20 Concerning Amplified Sound Permits, Permitting of Private Events on Town Property and Prohibiting
Smoking in Parks, Open Space and the Main Street Mall. Councilor Prince seconded the motion and it
passed on a 6 to 1 vote. Mayor Pro Tem Wolf voted no.
4.7. ACTION ON APPROVAL OF DATES AND FUNDING FOR THE COMMUNITY MUSIC FESTIVAL SERIES, PRODUCER
PEAK PERFORMANCES, TO BE HELD AT THE NOTTINGHAM PAVILION ON AUGUST 5, 12 AND 19
(MIKE O’BRIEN, PEAK PERFORMANCES AND FESTIVAL AND SPECIAL EVENTS DIRECTOR DANITA DEMPSEY)
Mayor Pro Tem Wolf stepped down due to a conflict of interest.
Councilor Burch moved to approve the dates of August 5, 12 and 19, 2015, for the Free Community Concert
Series, and funding in the amount of $45,000 to Peak Performances, producer of the event. Funding is
approved from the General Fund’s Special Events Assigned Fund Balance. [In addition, I move to approve
$8,500 from the General Fund’s Contingency Fund for the performer Keb’ Mo’ on August 19th.] Councilor
Reynolds seconded the motion and it passed unanimously by those present. Mayor Pro Tem recused
himself.
4.8. PUBLIC HEARING RESOLUTION NO. 15-09, AMENDING THE 2015 GENERAL, WATER, DEBT SERVICE, FLEET
MAINTENANCE AND TRANSIT FUND BUDGETS (BUDGET A NALYST KELLY HUITT)
Mayor Pro Tem Wolf returned to the meeting. Mayor Fancher opened the Public Hearing, no
comments were made. Councilor Reynolds moved to approve Resolution No. 15-09, Amending the 2015
General, Water, Debt Service, Fleet Maintenance and Transit Fund budgets and Resolution No. 15-10,
Amending the 2015 Capital Projects Fund budget with the revisions discussed, resort app removed.
Councilor Gennett seconded the motion and it passed unanimously by those present.
4.9. PUBLIC HEARING RESOLUTION NO. 15-10, AMENDING THE 2015 CAPITAL PROJECTS FUND BUDGET
(BUDGET A NALYST KELLY HUITT)
FINAL - Avon Council Meeting 5-26-2015 Minutes Page 2
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, MAY 26, 2015
AVON TOWN HALL, ONE LAKE STREET
4.10. MINUTES FROM MAY 12, 2015 MEETING (TOWN CLERK DEBBIE HOPPE)
Councilor Gennett moved to approve the Minutes from May 12, 2015; Councilor Reynolds seconded the
motion and it passed unanimously by those present.
5. STUDY SESSION
5.1. DISCUSSION REGARDING TOWN OF AVON POLICING PHILOSOPHY, INCLUDING BODY WORN CAMERAS, CORE
PATROLLING, SEAT BELT INFRACTIONS, AND REVIEW OF 1ST QUARTERLY POLICE REPORT
(POLICE CHIEF ROBERT TICER)
6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
6.1. COLORADO MUNICIPAL LEAGUE (CML) EAGLE 2015 SPRING OUTREACH MEETING (MAYOR PRO TEM WOLF)
6.2. UBER UPDATE (MAYOR PRO TEM WOLF)
7. MAYOR & COUNCIL COMMENTS
8. WRITTEN REPORTS
8.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT)
9. EXECUTIVE SESSION, IF NEEDED (THIS SESSION IS NOT OPEN TO THE PUBLIC)
9.1. FOR THE PURPOSE OF A CONFERENCE WITH THE TOWN ATTORNEY FOR RECEIVING LEGAL ADVICE UNDER C.R.S.
§24-6-402(2)(B) CONCERNING THE TOWN MANAGER INQUIRY.
Mayor Fancher moved to meet in Executive Session For the purpose of a conference with the Town
Attorney for receiving legal advice under C.R.S. §24-6-402(2)(b) concerning the Town Manager inquiry,
And for a conference with the Town Attorney for the purpose of receiving legal advice regarding a Mountain
Star water storage tank under C.R.S. §24-6-402(2)(b).
Town Attorney Eric Heil asked that the Mountain Star water storage tank under C.R.S. §24-6-402(2)(b) be
discussed first and that Town Manager Virginia Egger excuse herself during the Town Manager inquiry item.
The time was 9:30 p.m.
Council reconvened into regular session at 10:44 p.m.
FINAL - Avon Council Meeting 5-26-2015 Minutes Page 3
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, MAY 26, 2015
AVON TOWN HALL, ONE LAKE STREET
10. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 10:45 p.m.
RESPECTFULLY SUBMITTED:
_________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Albert “Buz” Reynolds ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
FINAL - Avon Council Meeting 5-26-2015 Minutes Page 4