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TC Packet 01-12-2021_______________________________________________________________________________ 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, JANUARY 12, 2021 MEETING BEGINS AT 5:10 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM 1. CALL TO ORDER AND ROLL CALL 5:10 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request an additional one (1) minute, which may be approved by a majority of Council. 5. BUSINESS ITEMS 5.1. Overview of Avon Town Government and Goals for 2021 (Town Manager Eric Heil) (45 Minutes) 5:25 5.2. Overview of Municipal Law (Town Attorney Paul Wisor) (45 Minutes) 6:10 5.3. Ordinance 21-01 Approving Holy Cross Franchise Agreement (Town Attorney Paul Wisor) (20 Minutes) 6:55 5.4. Emergency Ordinance 21-02 Amendment to Chapter 3.28 to Provide for to Collection and Remittance of Accommodation Taxes By Marketplace Facilitators (Prosecuting Attorney Elizabeth Pierce-Durance) (10 Minutes) 7:15 5.5. Adoption of 2021 Regular Meeting Schedule (General Government Manager Ineke de Jong) (15 minutes) 7:25 5.6. Appointments to Boards and Commissions (General Government Manager Ineke de Jong) (30 minutes) 7:40 5.7. Ordinance 21-03, Approving Avon Municipal Code Amendments related to Wood Burning Devices (Matt Pielsticker) (15 Minutes) 8:10 5.8. Public Hearing, Resolution 21-01, Minor Subdivision Application for Tract Y, Filing 3, Mountain Star (Matt Pielsticker) (15 Minutes) 8:25 5.9. Approval of Engagement Letter for Kaplan Kirsch & Rockwell to provide legal representation and strategic advice in connection with the activation of the Tennessee Pass Rail Line (15 Minutes) 8:40 6. MINUTES 6.1. Approval of December 8, 2020 Regular Council Meeting Minutes (Deputy Town Clerk Kendall Moore) (5 Minutes) 8:55 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority Nov 19, 2020 Meeting Summary (Mayor Smith Hymes) 7.2. Swift Eagle Charitable Foundation Thank You Letter (Pat Hamilton, Executive Director for Swift _______________________________________________________________________________ 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. Eagle Charitable Foundation) 7.3. ¡Mi Casa Avon! Program Update (General Government Manager Ineke de Jong) 7.4. 2020-2021 Winter Operations Update (Mobility Director Eva Wilson) 7.5. December 15th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 9:00 9. ADJOURN 9:15 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. AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, JANUARY 12, 2021 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .] 5. PUBLIC HEARING FOR NEW TAVERN LIQUOR LICENSE 5:05 5.1. APPLICANT NAME: VAIL COUNTRY CLUB LLC D/B/A VAIL CC LOCATION: 240 CHAPEL PLACE #B126 TYPE: TAVERN (CITY) LIQUOR LICENSE OWNERS: KENNY JOHN THAYER ACTION: RESOLUTION NO. 21-01 6. APPROVAL OF THE MINUTES FROM NOVEMBER 10, 2020 MEETING (5 Minutes) 5:10 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES) 8. ADJOURNMENT 5:10 Page 1 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Liquor Licensing Authority Secretary RE: PUBLIC HEARING for new Tavern License for Vail Country Club, LLC d/b/a Vail CC DATE: January 4, 2021 ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY Public Hearing will be hosted in a virtual format, using Zoom.us due to COVID-19. Town Council acting as the Local Liquor Licensing Authority is asked to consider the liquor license application for the following new Tavern Liquor License: Applicant: Vail Country Club, LLC d/b/a Vail CC Location: 240 Chapel Place #B126 Type: Tavern (City) Liquor License Owner: Kenny John Thayer Action: Resolution No. 21-01 BACKGROUND Attached is the “Report of Findings” for this application, which was submitted by the applicant on December 1, 2020. The Town Clerk and Town Special Counsel have reviewed the application for complete information and public notice was posted on the premises, Town website, and published in the Vail Daily as documented in the report of findings. A background investigation has been completed by the Avon Police Department and Colorado Bureau of Investigations. Report is on file with the Clerk and a copy will be provided separately to the Liquor Authority Board. Please note the Town Special Counsel will be able to assist with questions related to the review of background information as it relates to the review of the applicant’s character. FINDINGS The information in the report addresses how the applicant has met the criteria outlined in Section 5.08 Liquor Licenses of the Avon Municipal Code and the State Liquor and Beer Code. The report indicates that the applicant has the burden of proving he/she is qualified to hold the license. The applicant also has the burden of proving that the reasonable requirements of the neighborhood and the desires of the community require the granting of the license. A petition survey has been submitted; this information will assist in the determination of the “desires & needs of the neighborhood”. It is noted that the petition, with 30 signatures, shows 100% favor for this type of license in this neighborhood. The applicant has submitted a diagram of the premises. The owner has been notified and will attend the virtual meeting. The application fees for the liquor licensing have been submitted for both the Town and State of Colorado. If the Authority decides to approve the application, a resolution is attached, which if adopted takes this action. A motion granting the application is proposed below. If the Authority is considering denial for grounds, the matter should be set for additional hearing at which time those grounds may be answered by the applicant. Page 2 btorres@avon.org PROPOSED MOTION I move to approve Liquor Authority Resolution No. 21-01, A Resolution Approving the Application of Vail Country Club, LLC d/b/a Vail CC for a New Tavern Liquor License. ATTACHMENTS 1. Addendum to Memo Outlining Role of Authority for New Liquor License Applications 2. Report of Findings 3. Resolution No. 21-01, Approving the Application of Vail Country Club, LLC d/b/a Vail CC for a New Tavern Liquor License 4. Colorado Liquor License Application 5. Diagram of Premises The following documents as part of the application submittal are on file at the Town Clerk’s office: • Lease Agreement • Articles of Organization • Certificate of Good Standing • Individual History Record & Background check reports from Avon Police Department and CBI • Petition to Avon Liquor Licensing Authority Page 3 btorres@avon.org 1. Addendum to Memo for New Liquor License Applications Background on the Role of Liquor Licensing Authority in Consideration of New Licenses: The Avon Town Council acting as the Local Liquor Licensing Authority has the duty to conduct hearings and make findings of fact as to whether to grant or deny a new local liquor license. The State Licensing Authority cannot grant or issue any "new license" until the Authority has first approved the application by conducting a hearing for such license. If the Authority denies the application, the Executive Director of the State of Colorado cannot override its decision. If the Authority approves a license, the State Licensing Authority cannot refuse to issue the license except upon hearing with a 15-day notice to the applicant and the Authority. Once the state license is received by the Town Clerk's Office and the Certificate of Occupancy has been received from the Building Department, the Town and State licenses can be issued. The Town Clerk, Town Attorney and Police Department handle the review of the liquor license applications administratively. A “Report of Findings” is completed by the Town Clerk & provided the applicants five days prior to the hearing. The Authority members are provided the application materials when it appears on the Liquor Board Agenda. A public hearing is conducted for all new applications. The Local Authority’s decision is usually given at the conclusion of the hearing although it may be delayed. The decision must be given in writing within 30 days after the date of the hearing and may follow in the form of a resolution. The motion to approve or disapprove should be explicit stating the exact reasons for denial or approval. A motion to deny a license must be based on evidence presented at the hearing. The Liquor Code of Colorado provides that in making any decision, the Local Licensing Authority must consider the following before approving or denying the application: ▪ Facts and evidence resulting from the investigation and any facts brought to the attention of the Authority. ▪ The reasonable requirements of the neighborhood ▪ The desires of the inhabitants of the neighborhood. ▪ The number, type and availability of liquor outlets located in or near the neighborhood under consideration. ▪ Any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. Requests for licenses may be denied for various reasons such as the applicant is not of good moral character, the applicant's character, record, or reputation is unsatisfactory, or the proposed outlet is within 500 feet of any school. LOCAL LIQUOR LICENSING AUTHORITY TOWN OF AVON, COLORADO Report of Findings Vail CCTown of Avon Page 1 of 2 RE THE APPLICATION OF ) VAIL COUNTRY CLUB, LLC D/B/A VAIL CC ) REPORT OF FINDINGS 240 CHAPEL PLACE #B126 ) AVON, COLORADO ) FOR A NEW TAVERN LIQUOR LICENSE ) TO: THE APPLICANT ABOVE AND OTHER INTERESTED PARTIES SUBMITTED BY: BRENDA TORRES, TOWN CLERK, TOWN OF AVON DATE: JANUARY 4, 2021 PURSUANT to the Statutes of the State of Colorado, the Ordinances of the Town of Avon, and the Rules and Procedures of the Local Licensing Authority, the applicants are hereby advised that with regard to the application for a Tavern Liquor License filed with the Town Clerk’s Office on December 1, 2020, an investigation has been made, and the Report of Findings is as follows: 1. The location of the new establishment, Vail Country Club LLC d/b/a Vail CC is 240 Chapel Place #B126, Avon, Colorado. 2. From evidence submitted, the applicant is entitled to possession of the premises as documented by a “Lease Agreement” with a commencement date of December 1, 2020 and executed between the applicant and CSB Properties holdings, LLC. The applicant has submitted a diagram of the premises showing the floor plan of the building. The premise is approximately 1,972 square feet in size. 3. The operation of a business and sale of liquor in this the proposed location is in an area permitted under the applicable zoning laws of the Town of Avon. The applicant has a retail sales tax license and business license from the Town of Avon. 4. The proposed building in which the liquor is to be sold is not located within 500' of any public or parochial school or the principal campus of any college, university or seminary. 5. The appropriate documents, i.e. individual history rec ords & fingerprints, required to conduct the background investigation were submitted to the Colorado Bureau of Investigation (“CBI”) and Avon Police Department. The results will be provided to the Liquor Authority Board. The final background report from CBI has been received. See below for name of applicant: Title Name Address Telephone Owner Kenny John Thayer 153Creamery Trail Edwards, CO 81632 (808) 276-6458 LOCAL LIQUOR LICENSING AUTHORITY TOWN OF AVON, COLORADO Report of Findings Vail CCTown of Avon Page 2 of 2 6. The applicant has submitted the appropriate application fees to the Town Clerk for costs associated with a new application. If the Tavern License is approved by Avon’s Local Liquor Authority, the appropriate executed paperwork will be forwarded to the L iquor Enforcement Division for its approval and issuance of the State license. Upon receipt of the State License, the Town Clerk will issue the town license to the owners. 7. The public hearing on this application will be virtually held using Zoom.us due to COVID-19 on January 12, 2021 at 5:00 p.m. Public Notice was given regarding said application and scheduled hearing date and was published in the Vail Daily on December 30, 2020 and posted on premises of the proposed location at least ten days prior to the hearing. At said hearing, the applicant shall have an opportunity to be heard regarding all matters related to the application, including all matters set forth herein. The applicant has agreed to be present at the virtual hearing. 8. The “neighborhood” has been established by the Avon Liquor Licensing Authority with the adoption of Resolution No. 04-04 on November 23, 2004, defining it as “the neighborhood to be served by any applicant for liquor license of any kind shall be the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town”. 9. At the public hearing, the applicant has the bur den of proving that he is qualified to hold the license applied for, and that his character, record and reputation are satisfactory. The applicant also has the burden of providing prima facie evidence of neighborhood need for the license requested, which he may do with presentation of petitions, remonstrances, or otherwise. Any documentary evidence presented shall be included as a part of these findings and public record. 10. The applicant is advised to obtain and read a copy of the State of Colorado Liquor and Beer Codes and Regulations and the Town Code Section on Liquor Licenses (Title 5, Chapter 5.08). These regulations can be found on the foll owing websites: https://www.colorado.gov/pacific/enforcement/liquor https://library.municode.com/co/avon/codes/home_rule_charte r_and_code?nodeId=CD_TIT5BUT ALIRE_CH5.08LILI E-mailed to applicant on January 6, 2021. LIQUOR LICENSING AUTHORITY TOWN OF AVON RESOLUTION 21-01 A Resolution Approving the Application of Vail Country Club, LLC d/b/a Vail CC for a New Tavern Liquor License WHEREAS, on December 1, 2020, the Liquor Licensing Authority of the Town of Avon (“the Authority”) did receive and consider the application of Vail CC, whose mailing address is PO Box 2637, Avon, Colorado, for a Tavern License located at 240 Chapel Place #B126, Avon, Colorado; and WHEREAS, the Authority finds that Notice of Application was published in the Vail Daily on December 30, 2020 and proof of publication by the publisher of the Vail Daily was received; and WHEREAS, the Authority finds that the application was in proper form and accompanied by the necessary supplementary evidentiary matter required by law, the regulations of the State of Colorado and the Authority; and WHEREAS, the application was supported by the applicant’s presentation to the Authority and by a petition containing thirty signatures in favor; and WHEREAS, the neighborhood to be served by the proposed licensee has been determined to be the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town as stated in TC Resolution No. 04-04 adopted on November 23, 2004. NOW, THEREFORE, THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON DO ES FIND: 1. The applicant is of good moral character and reputation. 2. The neighborhood to be served by the applicant is the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town. 3. There does exist a reasonable requirement in such neighborhood for the type of license for w hich application is made. 4. The adult inhabitants of the Town desire that the license be granted. ADOPTED THIS JANUARY 12, 2021 BY THE LOCAL LIQUOR AUTHORITY. TOWN OF AVON, COLORADO ______________________________ __________________________ Sarah Smith Hymes, Chairman Brenda Torres, Secretary AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, NOVEMBER 10, 2020 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, Jennie Fancher, and Chico Thuon. Board members Tamra Underwood and Jake Wolf were absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong and Secretary Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:41 Board member Fancher moved to approve the agenda as presented. Vice Chairwoman Phillips seconded the motion and the motion passed with a vote of 5 to 0. Board members Underwood and Wolf were absent. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:01:46 Chairwoman Smith Hymes explained to the public how to participate via video/audio or via phone or via email for public comments. Chairwoman Smith Hymes asked Board members if there was any disclosure of conflict of interest and there was none. No public comments were made. 4. PUBLIC HEARING FOR CHANGE OF MANAGER AND RENEWAL Video Start Time: 00:02:52 4.1. APPLICANT NAME: WVO LICENSING LLC d/b/a WYNDHAM RESORT AT AVON LOCATION: 75 BENCHMARK ROAD TYPE: RESORT COMPLEX (CITY) NEW MANAGER: PETE REYES New Manager Pete Reyes was virtually present and answered questions from Board members. Chairwoman Smith Hymes mentioned a typo in a date in the application. Pete Reyes confirmed the correct date. Chairwoman Smith Hymes opened the public hearing and no comments were made. Board member Prince moved to approve the Report of Changes Application for Change of Manager and the Liquor License Renewal Application, including the new manager, for WVO Licensing LLC d/b/a Wyndham Resort at Avon. Vice Chairwoman Phillips seconded the motion and the motion passed with a vote of 5 to 0. Board members Underwood and Wolf were absent. 5. APPROVAL OF THE MINUTES FROM APRIL 28, 2020 MEETING Video Start Time: 00:07:04 Board member Fancher moved to approve the minutes from April 28, 2020 Liquor Authority Meeting. Vice Chairwoman Phillips seconded the motion and it passed with a vote of 5 to 0. Board members Underwood and Wolf were absent. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, NOVEMBER 10, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Board member Underwood joined the meeting right after voting at 5:08 p.m. 6. WRITTEN REPORT 6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS 7. ADJOURNMENT The Avon Liquor Authority meeting adjourned at 5:08 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 Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood Page 1 btorres@avon.org AVON LIQUOR LICENSING AUTHORITY WRITTEN REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Liquor Licensing Authority Secretary Date: January 05, 2021 Topic: REPORT ON RECENT ADMINISTRATIVE APPROVALS SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for administrative approval include that the application is complete, there is no new criminal activity on the background and there are no liquor code violations during the last year. Renewals require notice to be posted for seven days and Special Event Permits for ten days and require the Town Clerk to accept comments and/or requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer the application to the Avon Town Council. The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating back to November 10, 2020, the Town has received three Renewal Applications and one Report of Changes -Change of Manager, 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: Sabor Mazatlan, Inc d/b/a Sabor Mazatlan Location: 150 E Beaver Creek Boulevard #A-101 Type: Hotel & Restaurant Manager: Alberto Contreras Morin Applicant: Miller’s Bottle Shop LLC d/b/a Joe’s Liquors Location: 1060 W Beaver Creek Blvd Type: Retail Liquor Store Manager: Clayton Williams Applicant: Columbine Bakery Inc d/b/a Columbine Bakery Location: 51 Beaver Creek Pl Type: Hotel & Restaurant Manager: Daniel Niederhauser Report of Changes: Change of Manager: Applicant: China Garden Inc d/b/a China Garden Location: 100 W Beaver Creek Blvd #125 Type: Hotel & Restaurant New Manager: Juan Carlos Hernandez Garza TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Overview of Town Government and Goals for 2021 DATE: January 8, 2021 SUMMARY: We would like to start the year with a quick overview of some basic Council procedures and an overview of the many goals and plans of the Town of Avon Departments. This is a very broad topic and we intend this first meeting to be an introduction. Council will have the opportunity to continue the discussion for questions, comments and to provide direction at the January 26 Council meeting and February 9 Council meeting if desired. TOWN COUNCIL HANDBOOK: I would like to spend a few minutes reviewing the Council-Manager relationship, Staff communications, and the Simplified Rules of Procedure for Council. Council had expressed desire for general Council leadership training in early 2021. I am working on options for organizing such training in February or March. The Town Council Handbook was updated in December. The handbook and all the reference documents are available on the Town’s website under the Government Tab as a side bar for quick and easy access for Council members. We will make a three-ring binder available upon request. VIDEO MEETING PROTOCOLS: I established the following video meeting protocols with Town Staff last August when it became apparent that we would be meeting primarily by video calls until spring of 2021. Council members asked that I forward these protocols to Council, which I did in August, 2020. I am including in this report for the benefit of new Council members. Video Meeting Protocols for Town Staff: • Join video meetings by both video and audio. It is important in the flow of conversation to see facial expressions and see when someone is talking or desiring to talk. Video is a poor substitute to in- person meetings, but it is superior to audio only conference calls and it is the best option we have at this time. • Join the meeting prior to the start time. Generally, at least 1-2 minutes before is considered prompt. • Provide adequate lighting in front of you so that you appear in typically office lighting environment and not as a shadowy, back-lit figure. • When using a laptop camera, prop your laptop on a box or other item so that the camera angle is closer to straight-on rather than looking up at you from below. • Use best efforts to stay focused on meeting and appear focused on the meeting. Everyone knows it is easy (too easy) to multitask and divert attention during video meetings. • Typical office attire is expected for public meetings and strongly preferred for meetings with 3rd parties. PJs are not acceptable attire. Athletic attire is fine if the staff meeting occurs right before or after you enjoy some exercise. • When joining a video conference meeting from home or other place outside the office please be conscious of what is behind you in the background. • Use a quiet location when possible that will allow you to participate without distracting background noises. • Familiarize yourself with the video conference controls and functions as well as your own laptop and equipment. Address questions or need for assistance prior to video meetings. 2021 DEPARTMENT GOALS: A draft of the 2021 Department Goals is presented to Council for review and discussion. This document replaces the former Strategic Plan that was in the Town’s budget as well as replaces individual Department Goals that were listed for each Department in the Budget document. This list of Department Goals presents an ambitious and full list of intended activities in addition to the regular function of each Department. I am currently working with each Department to establish a schedule for implementation which will facilitate coordination across Departments and guide the scheduling of work sessions and actions items with Council which will be presented at the follow-up Council meeting on January 26, 2021. A quarterly update will be presented to Council in the same manner as the quarterly update for the Strategic Plan. Council input is desired on this list of Department goals. If additional goals are identified, then it would be important for Council to provide direction on prioritizing. Additional goals as well as unforeseen matters or projects have the potential to cause delay or inability to complete the goals as presented. ATTACHMENTS: A. Town Council Handbook B. 2021 Department Goals TOWN OF AVON TOWN COUNCIL HANDBOOK ATTACHMENT A AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 2 OF 47 OVERVIEW This Town Council Handbook provides a comprehensive guide and reference for Council members as a benefit for both new and existing Council members. Throughout this Handbook the term “Councilor” references to all Council members, including the Mayor and Mayor Pro-Tem and the term “Charter” refers to the Avon Home Rule Charter. I. COUNCIL MEETING LOGISTICS • Council determines the schedule of Council meetings. Generally, Council meets on the 2nd and 4th Tuesday of each month. A draft schedule of Council meetings is presented for Council review and adoption at the beginning of the calendar year. Council may choose to cancel regularly scheduled meetings or schedule special meetings at any time in accordance with Chapter V – Council Procedure of the Charter. • The Council meeting agenda and packet will be available on the Friday afternoon before the Council meeting, by not later than 5:00 p.m. • In January 2021 you will receive a Town-owned Apple iPad to access the electronic packet. Electronic packets are available at www.avon.org/councilpacket. • We currently meet virtually on zoom.us and plan to continue conducting virtual Council meetings until public health orders that limit and discourage gatherings are amended or repealed. Ineke de Jong, General Government Manager, will send you panelist links via email on the day of the meeting. Feel welcome to join 10 minutes early to test your audio/video. • The remote attendance policies, both the original remote attendance policy adopted in 2015 and the remote attendance policy during the COVID-19 Pandemic, can be found in Appendix 3. • When we go back to meeting in person a meal will be provided at each Council meeting at least 15 minutes before the start of the meeting. Feel welcome to arrive early. If you have any special dietary needs, please contact Brenda Torres, Town Clerk, at btorres@avon.org or 748-4001. • When we go back to meeting in person, seating at the Council table is determined by the membership of the Council. As all meetings get recorded, we ask you to please speak directly into the microphone on the desk in front of you during the meeting. II. THINGS TO KNOW AND DO 1. Contact Information: Town Council has four official positions which are appointed by Council and overseen by Council: Town Manager, Town Attorney, Municipal Judge and Prosecuting Attorney. Section I explains the roles and responsibilities for communication to the Town Manager and the Staff. Contact information for the direct reports to Council, Department Directors and General Government Staff are provided as follows: AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 3 OF 47 2.Mail: Correspondence as mail addressed to the Town Council is copied and distributed to all Councilmembers. Mail is placed in mailboxes, marked with your name, and located in the central mail area on the first floor of Town Hall. Name Role Contact Info Eric Heil Town Manager eheil@avon.org 970.748.4004 (D) | 303.518.4678 (C) Ineke de Jong General Government Manager idejong@avon.org 970.748.4013 (D) | 970.424.8016 (C) Elizabeth Wood Marketing & Communications Manager ewood@avon.org 970.748.4087 (D) | 970.471.0378 (C) Danita Dempsey Culture, Arts & Special Events Manager ddempsey@avon.org 970-748-4065 (D) | 970-471-9137 (C) Brenda Torres Town Clerk btorres@avon.org 970.748.4001 (D) Paul Wisor Town Attorney pwisor@garfieldhecht.com 970-300-4373 (D) / 303-886-1301 (C) Buck Allen Municipal Judge ballen@vailgov.com 970.479.2131 (D) | 970.376.4103 (C) Elizabeth Pierce-Durance Prosecuting Attorney epdurance@aol.com 970.845.2259 (D) | 970.376.2876 (C) Scott Wright Finance Director and Assistant Town Manager swright@avon.org 970.748.4055 (D) | 970.390.6054 (C) Lance Richards Human Resources Director ljrichards@avon.org 970.748.4005 (D) | 970.471.6621 (C) Matt Pielsticker Community Development Director mpielsticker@avon.org 970.748.4413 (D) | 970.445.7459 (C) Justin Hildreth Engineering Director jhildreth@avon.org 970.748.4045 (D) | 970.366.8912 (C) Gary Padilla Public Works Director gpadilla@avon.org 970.748.4118 (D) | 970.471.6343 (C) John Curutchet Recreation Director jcurutchet@avon.org 970.748.4059 (D) | 970.389.2617 (C) Eva Wilson Mobility Director ewilson@avon.org 970.748.4111 (D) | 970.390.2014 (C) Rego Omerigic Fleet Director romerigic@avon.org 970.748.4128 (D) | 970.390.2903 (C) Greg Daly Police Department gdaly@avon.org 970.748.4049 (D) | 970.331.6964 (C) AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 4 OF 47 3. Email: A Town of Avon e-mail address will be provided for all incoming Town Councilmembers to be used for all Town of Avon business. • You may access the e-mail account from https://login.microsoftonline.com. • E-mail correspondence addressed to the Town Council and received by the Town’s website or staff, is forwarded to all Councilmembers. The Town Clerk’s office retains a copy for the public record. • IMPORTANT INFORMATION FOR THE USE OF TOWN EMAIL: o The Town of Avon uses an e-mail archiver, which retains a copy of every outgoing and incoming email for two years. o All Councilmember email should consistently use your Avon email address. If personal email is used to conduct Town business, all personal email may be subject to a public records request. o Should an email be addressed to three (3) or more Councilmembers, DO NOT ‘Reply All’ as this can be categorized as a “meeting.” You may respond individually to the other recipients. 4. Websites, Newsletters & Press Release: The Town hosts three websites. 1. The primary and most comprehensive website, www.avon.org, includes everything related to the town’s operations and governance. On this site you can also sign up for automatic email alerts for a variety of the town notifications including general info, construction updates, job postings, youth programs, meeting agendas, and much more. 2. The Town’s second website, www.discoveravon.org, is devoted to all the ways to enjoy Avon to the fullest, from special events, outdoor activities, dining, shopping, and accommodations. 3. The Town’s third website, engage.avon.org, is a community-engagement platform used to solicit public feedback on a variety of Town Projects. Generally, participants must register to provide feedback, take surveys and share ideas. We strongly encourage all Councilors sign up for the Town’s monthly newsletter (the Avon Heartbeat) and Town notifications / press releases. Go to www.avon.org/notifyme to sign up and select the notifications you’d like to receive. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 5 OF 47 In addition, we encourage Councilors to like and follow the Town’s social media page on Facebook. 4. Rules and Procedures: On January 14, 2014, the Avon Town Council adopted the Avon Town Council Simplified Rules of Order in order to establish rules and procedures for the Avon Town Council during its meetings. The intent is to set simplified rules which are readily accessible and usable by the Avon Town Councilors and understandable by the general public. The Simplified Rules of Order contain the following sections: • Standards of Conduct for Avon Town Meetings • Mayor • Agendas • Motions • Meeting Conduct • Public Comments • Public Hearing • Executive Sessions For your convenience, the Simplified Rules of Order have been attached at the end of this Handbook in Appendix 2. 5. Council Compensation, Benefits Enrollment and Federal Forms Packet: Per Avon Municipal Code Section 2.04.010, compensation for Councilmembers is as follows: Council Members shall receive compensation for their service in office in accordance with the following schedule: (1) Mayor: One thousand dollars ($1,000.00) per month. (2) Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month. (3) All other Council Members: Five hundred dollars ($500.00) per month. You are encouraged to contact Human Resources, to set up an appointment time to review and fill out the documents listed below, ask any questions and complete the enrollment process. • Personnel Action Form • Employee Data Form • W-4 • I-9 • EEO – Self Identification Form • Direct Deposit Authorization Agreement AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 6 OF 47 • 457 Deferred Compensation Retirement Plan Designation of Beneficiary Form • Town of Avon Health Insurance Enrollment Form • Town of Avon Flexible Benefit Plan Employee Enrollment Form • SSA Form • Work Related Injuries and Illness • Recreation Center Pass Benefit • Town of Avon Email Policy • Town of Avon Social Media Policy • Avon Town Council Policy for the Apple iPad or Similar Device Use by Town Council • Employee Acknowledgement Receipt and Understanding of Email Retention Policy • Employee Assistance Program 6. Liability Prevention Training Tools: The Town of Avon’s primary liability insurance company is Colorado Intergovernmental Risk Sharing Association (“CIRSA”) which is used by nearly all municipalities and counties in Colorado. CIRSA is a member-owned self-insurance pool. CIRSA has a variety of liability prevention training tools for newly elected officials. All of the training programs are complimentary as a benefit of membership in CIRSA, and you are strongly encouraged to review: • In the Scope of Your Authority: Preventing Public Officials’ Liability, which is available on YouTube at https://www.youtube.com/watch?v=r5GK6LvCA7s • The Ethics, Liability & Best Practices Handbook for Elected Officials (Appendix 7) The following sections of this Handbook provide a compilation of important resources and additional information to help you begin your work. Should you need assistance or want to further review this information, please contact Ineke at 970-748-4013 or idejong@avon.org. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 7 OF 47 TABLE OF CONTENTS SECTION I: BASICS OF TOWN GOVERNMENT TOWN COUNCIL ROLE AND RESPONSIBILITIES COUNCIL-MANAGER FORM OF GOVERNMENT TOWN COUNCIL/TOWN ATTORNEY RELATIONSHIP AVON IS A HOME RULE MUNICIPALITY TOWN CHARTER/TOWN CODE GENERAL POWERS OF THE TOWN COUNCIL BOARDS AND COMMISSIONS TOWN ORGANIZATIONAL CHART STAFF COMMUNICATION SECTION II: TYPES OF COUNCIL ACTIONS ORDINANCES RESOLUTIONS MOTIONS PROCLAMATIONS SECTION III: BUDGET TOWN BUDGET OVERVIEW BUDGET MESSAGE BUDGET CONTENT CAPITAL PROGRAM PUBLIC HEARING COUNCIL ACTION ON BUDGET CONTINGENCIES PUBLIC RECORDS AMENDMENTS AFTER ADOPTION INDEPENDENT AUDIT SECTION IV: COUNCIL ACTING AS OTHER AUTHORITIES LIQUOR LICENSING AUTHORITY BOARD OF APPEALS URBAN RENEWAL AUTHORITY AVON AFFORDABLE HOUSING AUTHORITY SECTION V: PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION OVERVIEW SECTION VI: CITIZEN COMMITTEES CULTURE, ARTS & SPECIAL EVENTS COMMITTEE FINANCE COMMITTEE HEALTH & RECREATION COMMITTEE SECTION VII: MUNICIPAL LAWS OPEN MEETINGS LAW COLORADO OPEN RECORDS ACT MEETING MINUTES AND RECORDINGS RECORD RETENTION POLICY / SCHEDULE TOWN CODE OF ETHICS QUASI-JUDICIAL DECISIONS (DUE PROCESS) GOVERNMENT IMMUNITY TABOR COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) SECTION VIII: POLICY DOCUMENTS COMPREHENSIVE PLAN COMMUNITY HOUSING PLAN CLIMATE ACTION PLAN OVERVIEW OTHER PLANS SECTION IX: AFFILIATIONS COLORADO MUNICIPAL LEAGUE (CML) COLORADO ASSOCIATION OF SKI TOWNS (CAST) CLIMATE ACTION COLLABORATIVE (CAC) COLORADO COMMUNITIES FOR CLIMATE ACTION (CC4CA) I-70 COALITION NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG) EAGLE COUNTY REGIONAL TRANSIT AUTHORITY (ECRTA) EGE AIR ALLIANCE VAIL VALLEY PARTNERSHIP (VVP) EAGLE RIVER WATERSHED COUNCIL (ERWS) URBAN RUNOFF GROUP (URG) EAGLE RIVER WATER & SANITATION DISTRICT (ERWSD) & UPPER EAGLE RIVER WATER AUTHORITY (UERWA) EAGLE COUNTY COMMUNITY WILDLIFE ROUNDTABLE SPEAKUP REACHOUT EAGLE COUNTY MENTAL HEALTH ADVISORY BOARD EAGLE VALLEY BEHAVIORAL HEALTH EAGLE COUNTY EMERGENCY RESPONDERS FUND (ECERF) SECTION X: APPENDICES APPENDIX 1 – TOWN ORGANIZATIONAL CHART APPENDIX 2 – AVON TOWN COUNCIL SIMPLIFIED RULES OF ORDER APPENDIX 3 – REMOTE MEETING ATTENDANCE POLICES APPENDIX 4 – BOARDS AND COMMISSIONS APPENDIX 5 – RESOLUTIONS ESTABLISHING CITIZEN COMMITTEES APPENDIX 6 – CML ELECTED OFFICIAL’S STARTER KIT APPENDIX 7 – ETHICS, LIABILITY AND BEST PRACTICES HANDBOOK FOR ELECTED OFFICIALS APPENDIX 8 – DRAFT 2021 BUDGET APPENDIX 9 – CLIMATE ACTION PLAN APPENDIX 10 – COMPREHENSIVE PLAN APPENDIX 11 – HOUSING PLAN AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 8 OF 47 SECTION I: BASICS OF TOWN GOVERNMENT Town Council Role and Responsibilities Councilors are the leaders and policy makers of the Town. Council has the authority to approve laws and regulations and adopt policies that direct town government. Council appoints the Town Manager, the Town Attorney, the Municipal Court Judge and Prosecuting Attorney. These positions serve at the will of the Town Council. Council-Manager Form of Government The Town of Avon has a Council-Manager form of government, which means the Council establishes priorities and policies and the Town Manager implements the Council’s directives. The Town Manager is the chief executive officer of the Town and is responsible for carrying out the Council’s directives and administering the day-to-day operations of the Town. The Town Council should communicate all directives to the Town Manager and the Town Manager, in turn, directs staff. The Town Council should always avoid managing Town employees. The Home Rule Charter for the Town of Avon, states that the Council shall not give orders to any subordinates of the Town Manager (Home Rule Charter Chapter 8.5). Town Council/Town Attorney Relationship The Town Attorney is the legal advisor for the Council, the Town Manager and Department Heads. The general legal responsibilities of the Town Attorney include: • Provide legal assistance necessary for the formulation and implementation of legislative policies. • Represent the Town’s interests, as determined by the Town Council, in litigation, administrative hearings, negotiations and similar proceedings. • Prepare ordinances, contracts and other legal documents. • Keep the Town Council and staff apprised of court rulings and legislation affecting the legal interests of the Town. Avon is a Home Rule Municipality Municipal “Home Rule” is a form of government under the control of local citizens rather than state government. Towns and cities in Colorado can be Home Rule or Statutory. Home Rule municipalities have all the powers not expressly denied by the Colorado Constitution and state statutes. Statutory municipalities AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 9 OF 47 have only the powers expressly given to them by the Colorado Constitution and state statutes. Home Rule municipalities essentially have more power on a local level. Town Charter/Town Code The Town Charter is akin to a constitution for the Town, the Charter defines organizational forms and the powers and duties of Town officers. Voters in the Town approved the Home Rule Charter in 1978. The laws, rules and regulations that guide the Town’s government are included in the Town Charter and the Town Code. Unlike the Town Code, which can be amended by the Town Council through the adoption of ordinances, The Town Charter can only be amended by a vote of the electors of the Town. The Town Charter and Town Code can be accessed at the following link, which is available on the Town’s website: https://library.municode.com/co/avon. General Powers of the Town Council It is important that the Town Council act as a body. No member of the Council has any more power than other members of the Council. The Mayor and Mayor Pro-Tem have additional ceremonial and administrative responsibilities (such as signing certain official documents and chairing meetings); however, all members of the Council are equal regarding the establishment of policies. Policy is established by at least a majority vote of the Council. While individual members of the Council may disagree with decisions of the majority, a decision of the majority binds the Council to a course of action. The Mayor presides at all meetings of the Council. The Mayor does not possess any power of veto and the Mayor votes on matters in the same manner as other Council members. As presiding officer of the Council, the Mayor should communicate the will of the Council majority in matters of policy. The Mayor is also the official head of the Town for all ceremonial purposes (Home Rule Charter Chapter 4.4). Boards and Commissions Councilors are assigned to serve on various boards and commissions to represent the Town of Avon. The list of Intergovernmental Committees and Authorities that require Council assignments is attached at the end of this Handbook in Appendix 4. Council appointments are approved by motion and by majority vote of the quorum present. It is not a conflict of interest for a Council member to vote for their own appointment to a board or commission. Councilors should keep the Manager and Mayor informed of schedule and actions of such boards and commissions. Council shall be kept informed of substantive actions of such boards and commissions. Appointed Councilors shall strive to solicit Council input and direction on substantive decisions of such boards and commissions which may materially affect the Avon community. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 10 OF 47 Town Organizational Chart The Town Organizational Chart is a diagram that details the structure of the organization, including the relationships between departments and relative ranks of positions. For your convenience the most current version of the Town’s Organizational Chart is included at the end of this Handbook in Appendix 1. Staff Communication Councilors work directly with the Town Manager. Councilors are permitted to ask questions at any time and may ask the Town Manager or ask Staff directly. Questions should be asked by email for efficiency and accountability. Questions to Staff should be limited to Department Directors, the General Government Manager, Communications and Marketing Manager, the Cultural, Arts and Special Events Manager, and the Town Clerk. are to contact the Town Manager for information, special requests, complaints and concerns. There is no need to contact the Town Manager prior to any communication with the Town Attorney, Municipal Judge or Prosecuting Attorney. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 11 OF 47 SECTION II: TYPES OF COUNCIL ACTIONS Ordinances Ordinances are local laws enacted by the Council. Ordinances are required for every act making an appropriation, creating indebtedness, authorizing the borrowing of money, levying a tax, establishing regulations for which a penalty is imposed, placing a burden upon or limiting the use of private property (e.g. zoning and land use regulations), except that the adoption of the budget and levying of an ad valorem tax (i.e. property tax) is adopted by resolution by the Charter. Ordinances are required to be approved by two readings, a first reading and a second and final reading, unless Council approves an emergency ordinance. A public hearing must be held on second reading. Ordinances must be approved by the concurring vote of four (4) Council members except that emergency ordinances require the concurring vote of five (5) Council members. Resolutions Resolutions adopt policies and remain in effect until rescinded or amended by the Council. Resolutions may enact legislation or policy that is not subject to penalties for violation. A resolution may also state Council’s opinion or position on an issue. Resolutions are adopted by a majority of the quorum present. Motions Motions are the basic form of meeting procedure and may also be used to approve matters or take actions that do not require the adoption of an Ordinance or Resolution. A motion is used to indicate action on a procedural matter, such as scheduling a special meeting, approving an agenda item or approving a report. Motions are also used to direct the Manager. Motions are approved by a majority vote of the quorum present. Motions are also the procedure for Council to place an action item on the floor for Council consideration, which requires both a motion and a second. Examples: “I move to approve Ordinance No. 21-XX on first reading.” “I move to approve Resolution No. 21-XX” “I move to approve the Council meeting minutes.” “I move to direct the Town Manager to do XX.” Proclamations Proclamations are used to express appreciation for an event, organization or individual and are usually requested by a supporting organization. If a group or individual requests a proclamation the Mayor may place the matter on the agenda for Council action. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 12 OF 47 Voting and Action A vote to approve an action requires at least one more “yes” vote (or “Aye”) than a “no” vote (or “Nay”). In the event of a tie vote, no action is taken. Pursuant to the Simplified Rules of Procedure, if a tie vote occurs, if the majority of votes are negative, or if an insufficient number of affirmative votes are not provide, then Council may either consider alternatives to the proposed action or may decide to move on to other agenda items. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 13 OF 47 SECTION III: BUDGET Town Budget Overview The annual Town of Avon Budget is the official document which appropriates expenditures for the fiscal year. The Town’s fiscal year begins on the first day of January and ends the last day of December. The Budget consists of two parts: (1) an estimate of revenues; and, (2) a tabulation of the estimated cost of each item in the budget. The Town Manager develops a budget calendar and then prepares a proposed budget for Town Council review and adoption pursuant to Chapter XII – Finance and Budget of the Charter. The Budget contains an operational budget, a capital budget, and variety of supplemental budgets for separate funds. Certification of the Town’s mill levy must be adopted by Resolution no later than December 15 of each year. The Budget is typically adopted on or before December 15 of each year. If the Budget is not adopted then the amounts approved for operation of the current fiscal year are deemed adopted for the next fiscal year on a month-to-month basis until Council adopts the annual budget (Charter - Section 12.7(b)) The Budget is split into the following funds: (1) General Fund (2) Capital Improvements Projects Fund (CIP Fund) (3) Debt Reserve Fund (4) Mobility Fund (5) Avon Urban Renewal Authority Fund (6) Supplemental Funds, which include: (a) Community Enhancement Fund (b) Community Housing Fund, Disposable Paper Bag Fee Fund (c) Exterior Energy Offset Fund (d) Fleet Maintenance Fund and Equipment Replacement Fund (e) Water Fund. The 2021 Draft Budget can be found in Appendix 8 and accessed on the Town’s website at www.avon.org/budget. Councilors may receive upon request a hard-copy of the adopted budget once the adopted budget is published. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 14 OF 47 Budget Message The Town Manager prepares the annual Budget in accordance with the Charter which is required to include a “budget message”. The budget message explains the budget both in fiscal terms and in terms of the work program. The budget message contains the proposed financial policies of the Town for the next fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the Town's debt position, give the balance between the total estimated expenditures and total anticipated revenue from all sources, taking into account the estimated surpluses or deficits in the various funds, and include such other material as the Manager deems necessary or which the Council may require. Budget Content The budget shall provide a complete financial plan of all municipal funds and activities for the next fiscal year and, except as required by law or this Charter, shall be in such form as the Town Manager deems desirable or the Council may require. In organizing the budget, the Town Manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity, and object. It shall begin with a clear general summary of its contents and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the preceding fiscal year. It shall include the following in separate sections unless otherwise provided by ordinance: (a) Anticipated revenues classified as cash surplus, miscellaneous revenues, and amounts to be received from property tax; cash surplus being defined for purposes of this article as the amount by which cash is expected to exceed current liabilities and encumbrance at the beginning of the next fiscal year; (b) Proposed expenditures for current operations during the next fiscal year, detailed by offices, departments and agencies in terms of their respective work programs, and the method of financing such expenditures; (c) A reasonable provision for contingencies; (d) A capital depreciation account; (e) Required expenditures for debt service, Judgments, cash deficient recovery and statutory expenditures; (f) Proposed capital expenditures during the next fiscal year, detailed by offices, departments and agencies when practicable and the proposed method of financing each such capital expenditure; (g) Anticipated net surplus or deficit for the next fiscal year for each utility owned or operated by the Town and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure information shall be attached as appendices to the budget; AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 15 OF 47 (h) The bonded and other indebtedness of the Town, showing the debt redemption and interest requirements, the debt authorized and unissued, and the condition of sinking funds, if any; (i) Such other information as the Council may request. Capital Improvements Projects Plan (a) The Manager shall prepare and submit to the Council a long-range capital improvements projects plan (“CIP Plan”) simultaneously with the proposed budget. The CIP Plan incorporates and implements the direction and goals of Council. (b) The capital program shall include the following, unless otherwise provided by ordinance: (1) A clear general summary of its contents; (2) A list of all capital improvements which are proposed to be undertaken during the following fiscal years, with appropriate supporting information as to the necessity for the improvement; (3) Cost estimates, method of financing and recommended schedules for each such improvement; (4) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; and, (5) Such other information as the Council may request. This information may be revised or extended each year with regard to capital improvements still pending or in process of construction or acquisition. Public Hearings Public hearings on the proposed budget and proposed capital program shall be held before its final adoption at such time and place as the Council may direct. Notice of such public hearing and notice that the proposed budget is on file for public inspection in the municipal building shall be published one time at least seven days prior to the hearing. Council Action on Budget (a) Amendments. After the public hearings, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law for debt service or for estimated cash deficit. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 16 OF 47 (b) Adoption. The Council shall adopt the budget by resolution on or before the final day established by law for the certification of the next year's tax levy to the county. If it fails to adopt the budget by this date, the amounts appropriated for the operation of the current fiscal year shall be deemed adopted for the next fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts the budget for the next fiscal year. (c) Balanced Budget. The total of the proposed expenditures and provisions for contingencies shall not exceed the total of estimated revenue. (d) Tax Levy. Adoption of the budget by Council shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed. Council shall cause the same to be certified to the appropriate authorities as required by law. Contingencies The budget may include an item for contingencies. Except in those cases where there is no logical amount to which an expenditure can be charged, expenditures shall not be charged directly to contingencies; but instead, the necessary part of the appropriation for contingencies shall be transferred to the logical account, and the expenditure charged to such account. No such transfer shall be made without the express approval of the Council, and then only for expenditures which could not readily be foreseen at the time the budget was adopted. Public Records Copies of the budget and capital program as adopted shall be public records and shall be made available to the public in the municipal building. Amendments after Adoption (a) Supplemental Appropriations. If during the fiscal year the Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by resolution may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of this Charter. To the extent that there are no available unappropriated revenues to meet such appropriations, the Council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 17 OF 47 the emergency notes and renewals of any fiscal year shall be paid not later than the last day of any fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the Manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the Council without delay, indicating the estimated amount of deficit, any remedial action taken by him and his recommendation as to any other steps to be taken. The Council shall then take action to prevent or minimize any deficit and for that purpose it may by resolution reduce one or more appropriations. (d) Transfer of Appropriations. Any time during the fiscal year, the Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the Manager, the Council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office, agency or object to another. (e) Limitation - Effective Date. No appropriation for debt service may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriation and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Independent Audit An independent audit shall be made of all Town accounts at least annually, and more frequently if deemed necessary by the Council. Such audit shall be made by certified or registered public accountants, experienced in municipal accounting, selected by the Council. Copies of such audit shall be made available for public inspection at the municipal building. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 18 OF 47 SECTION IV: COUNCIL ACTING AS OTHER AUTHORITIES Liquor Licensing Authority The Avon Town Council serves as the Local Liquor Licensing Authority. Please refer to the following excerpt from Chapter 5.08 of the Avon Municipal Code for more information: 5.08.010 Purpose Pursuant to the authority of Articles 47 and 48 of Title 12, C.R.S., 1973, as amended, which are specifically adopted by the Town, this Chapter is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town by regulating, controlling and licensing the sale of malt, vinous and spirituous liquors. (Ord. 79-22 §1) 5.08.020 Local Licensing Authority – Establishment There is created and established a Local Liquor Licensing Authority for the Town which shall have and is vested with the authority to grant or refuse licenses for the retail sale of malt, vinous and spirituous liquors, as provided by law, to conduct investigations in connection therewith, and to suspend or revoke such licenses for cause in the manner provided by law. The Local Liquor Licensing Authority shall have all the powers and authority granted by Title 12, Articles 47 and 48, C.R.S., 1973, as amended, and by the terms and provisions of this Chapter. (Ord. 79-22 §2(A)) 5.08.030 Local Licensing Authority – membership – organization – compensation (a) Until such time as the Town Council may determine otherwise by ordinance, the membership of the Local Liquor Licensing Authority shall be composed of each and every member of the Town Council. (b) At the next meeting of the Local Liquor Licensing Authority following the final passage of the ordinance codified in this Chapter a chairperson and vice-chairperson shall be elected by those members present at that time from among the entire membership of the authority. The chairperson shall preside at meetings, rule on questions pertaining to procedure and admissibility of evidence and perform such other duties as may be necessary. The vice-chairperson shall assume the duties of the chairperson when the chairperson is absent or incapacitated. A quorum shall consist of four (4) members, and a decision of a majority of the members present at any meeting shall control. The chairperson or acting chairperson shall have full voting rights the same as any other member. (c) Members of the Local Liquor Licensing Authority shall be compensated in the sum of twenty-five dollars ($25.00) for each meeting attended; except that no member shall receive more than fifty dollars ($50.00) in compensation for his or her services rendered during any one (1) month. (Ord. 79-22 §2 (B, C, G)) The Town Clerk coordinates and administers the liquor licensing application process on behalf of the Town of Avon Local Liquor Board and the State of Colorado Liquor Enforcement Division. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 19 OF 47 Council has delegated authority to the Town Clerk to administer routine liquor license applications, including: o Renewals of Liquor Licenses o Modifications o Special Event Permits The Local Liquor Licensing Authority Board reviews the following applications: o Applications for new liquor licenses o A change in premise of liquor licenses o Routine applications reviewed by the Town Clerk if there are any violations or new matters revealed in a background check. Board of Appeals The Avon Town Council serves as the Board of Appeals. Please refer to the following excerpt from Chapter 15.06 of the Avon Municipal Code for more information: 15.06.010 - Appeals to Town Council A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty (20) days after the date of the decision of the Building Official. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The Board shall render a decision within thirty (30) days of receipt of the appeal. The decision of the Board shall be by resolution, and copies shall be furnished to the appellant and to the Building Official. The Building Official shall take immediate action in accordance with the decision of the Board. 15.06.020 - Limitations on authority An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this Code. 15.06.030 - Limitation of liability Any member of the Town Council, acting in good faith and without malice for the Town in the discharge of his or her duties, shall not thereby render himself or herself personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties shall be defended by the Town until final termination of the proceedings. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 20 OF 47 Urban Renewal Authority The Avon Urban Renewal Authority (“AURA”) is a separate governmental entity created by the Town of Avon. AURA is responsible for conducting urban renewal activities throughout the Town of Avon. AURA was created in August 2007 to help the Town of Avon improve its Town Center Core and includes plans to enhance the West Town Center area, Nottingham Park and the Main Street Mall. The AURA has tax increment financing authority which allows the AURA to retain the “increment” (i.e. increase) in property tax from new development for all taxing authorities and use that revenue for capital improvements in the West Town Center Investment Plan area. The AURA’s tax increment finance authority for the West Town Center Investment Plan area expires in 2032. The purpose of the AURA is to alleviate blight and promote economic vitality and investment interest in the West Town Center Plan area. Since its inception, the AURA constructed Lake Street (in connection with the Westin hotel development), improved the Main Street Mall and Lettuce Shed Lane (in connection with the Wyndham timeshare development), and completed tenant finish of the new Town Hall building. Future projects are focused on improvements to Nottingham Park which support economic activity and recreational enhancements as well as additional improvements to the Main Street Mall. AURA is governed by the Town Council who serve as the seven-member Board of Commissioners. The Town Manager serves as the Executive Director, who performs all administrative activities for AURA and serves as project manager for all ongoing projects and activities. Below is a copy of the Town Center West Area Urban Renewal Plan: Boundary Map AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 21 OF 47 SECTION V: PLANNING AND ZONING COMMISSION Planning and Zoning Commission Overview The Town of Avon has a Planning and Zoning Commission (“PZC”) which is appointed by the Council and which serves a significant role in reviewing development applications, revisions to the Development Code (Title 7 of the Avon Municipal Code), and amendments to the Comprehensive Plan document. A Planning and Zoning Commission is a common entity that nearly all municipalities and counties have appointed. The scope of duties and authority involve review of development and land use changes that affect constitutional property rights and due process rights of both property owners and nearby residents and property owners that may be affected by such application. As such, the PZC meetings and actions are highly structured to provide notice and conduct public hearings as set forth in the Development Code. The Development Code was adopted in 2010 which was the culmination of a two year process to consolidate and update the former Avon Municipal Code titles for zoning and subdivision. The Development Code is typically amended once each year for routine updates and refinements. The purposes of the PZC are stated in Section 7.04.030 of the Development Code as follows: 7.04.030 - Purposes. The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 22 OF 47 (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 23 OF 47 The PZC also serves as a Design Review Board for the Town. The purposes of the PZC when acting as the design review board are as follows: • To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; • To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code; • To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and • To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms. The PZC is composed of seven (7) members appointed by Town Council for a two (2) year term. The current Planning Commissioners and their respective terms are: Donna Lang Arenschield Term Expires May 2022 Rebecca Smith Term Expires May 2021 Jared Barnes Term Expires May 2021 Vacant Term Expires May 2021 Sara Lanious Term Expires May 2022 Vacant Term Expires May 2022 Steven Nusbaum Term Expires May 2021 Please click here for the zoning map Public comment can be submitted to Staff on behalf of the P&Z Commission at pzc@avon.org. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 24 OF 47 SECTION VI: CITIZEN COMMITTEES Overview of Citizen Committees Council established three separate Citizen Committees in 2019 to increase input and involvement from the Avon community. The three Citizen Committees include the Culture, Arts & Special Events Committee, the Finance Committee, and the Health & Recreation Committee. Culture, Arts & Special Events Committee The Culture, Arts & Special Events (“CASE”) Committee was adopted by Resolution 19-12 in May 2019, to formalize and establish a permanent citizen committee after two years of an initial Ad Hoc Special Events Committee. To date, CASE has primarily provided input on the strategic planning and investment in special events held from Spring through Fall. The purposes and duties of the CASE Committee are as follows: • To provide advice concerning the Cultural Plan for the Town of Avon, as may be amended from time to time; • To review, research and provide guidance and advice on culture, arts and special event programming in the Town of Avon; • To review applications for Town funding allocated for special events and provide recommendations to the Avon Town Council, and to develop applications forms and procedures and review criteria related to such funding applications; • To conduct surveys and prepare reports related to special events as appropriate and as directed by Council; • To attend joint meetings with the Avon Town Council to review past, present and future special events, review and evaluate implementation of the Cultural Plan, review annual appropriations to support culture, arts and special events, and to review policies, procedures and practices for culture, arts and special events and CASE; and, • To perform such other tasks related to culture, arts and special events in or near Avon as the Avon Town Council may direct. The CASE Committee is composed of seven (7) voting members and two (2) Ex-Officio Non-Voting Council members appointed by Town Council. The current CASE Committee members and their respective terms are: Pedro Campos Term Expires February 2022 Chris Cofelice Term Expires February 2022 AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 25 OF 47 Jason Denhart Term Expires February 2021 Amy Phillips Council member Timothy Haley Term Expires February 2021 Lisa Mattis Term Expires February 2021 Kathy Ryan Term Expires February 2022 Ruth Stanley Term Expires February 2021 The Resolution adopting the CASE Committee is attached at the end of this Handbook in Appendix 5. Finance Committee The Finance Committee was adopted by Resolution 19-15 in July 2019. The purposes and duties of the Finance Committee are as follows: • To review, research and study the Town’s tax and fee structure and sources of revenue, including but not limited to: (i) comparisons to both incorporated and unincorporated peer communities, (ii) potential volatility associated with various revenue sources, and (iii) determining the percentage of revenues attributable to residents, second homeowners, visitors and businesses; • To review, research and study the Town's economy as it relates to the Town's finances; • To prepare reports as appropriate to assist the Town Council and the general public to better understand the Town's finances; • To make recommendations to the Town Council consist with this Resolution; and, • To perform such other tasks related to the Town's finances as the Town Council may request. The Finance Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2022 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. The committee is composed of five (5) voting members and two (2) Ex-Officio Non- Voting Council members appointed by Town Council. The current Finance Committee members and their respective terms are: Linn Brooks Term Expires January 31, 2022 Scott Prince Council member Steve Coyer Term Expires January 31, 2022 Sarah Smith Hymes Council member Markian Feduschak Term Expires January 31, 2022 Craig Ferraro Term Expires January 31, 2022 Dee Wisor Term Expires January 31, 2022 The Resolution adopting the Finance Committee is attached at the end of this Handbook in Appendix 5. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 26 OF 47 Health & Recreation Committee The Health & Recreation Committee was adopted by Resolution 19-16 in July 2019. The purposes and duties of the Health & Recreation Committee are as follows: • To review, research and study the Town of Avon's health and recreation, including but not limited to: (i) "healthy community" issues, planning, policies and implementing strategies for improving overall community health, (ii) comparisons to both incorporated and unincorporated peer communities of recreation facilities and programs, and (iii) the design, programming and estimated cost of recreational facility improvements, including but not limited to remodeling and expansion of the Avon Recreation Center; • Conducting community outreach, studies and surveys to determine community preferences for recreation programming, recreation facilities and healthy community policies; • Serve as a liaison to Eagle County health communities efforts; and • To provide recommendations to the Town Council concerning healthy community, recreation programming and recreation facilities. The Health & Rec Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2022 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. The committee is composed of four (4) voting members and two (2) rotating Ex- Officio Non-Voting Council members appointed by Town Council. The current Health & Rec Committee members and their respective terms are: Tom Kiddoo Term Expires January 31, 2022 Ex Officio Council members are: Pat Nolan Term Expires January 31, 2022 Scott Prince Kathy Ryan Term Expires January 31, 2022 Sarah Smith Hymes Pam Warren Term Expires January 31, 2022 The resolution adopting the Health & Recreation Committee is attached at the end of this Handbook in Appendix 5. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 27 OF 47 SECTION VII: MUNICIPAL LAWS Overview The Town of Avon is a municipal corporation formed pursuant to the laws of the State of Colorado. As a municipal corporation there are a wide variety of laws that apply to the Town of Avon as a local government entity. Council members should have a basic familiarity with the municipal laws described in this Section. Home Rule Authority Avon citizens adopted home rule authority for the Town of Avon in 1978 at the time that Avon was incorporated in conformity with Article XX of the Colorado Constitution. This authority is primarily documented and described in the Avon Home Rule Charter (“Charter”) which is included in the Avon Municipal Code. There are a total of 96 home rule municipalities in Colorado, including 61 cities and 35 towns. Home rule authority provides the Town of Avon with greater authority to legislation on matters of local concern, with the limitation that the Town cannot infringe upon federal or state constitutional rights. There are a number of areas considered matters of “state concern” where the State of Colorado has “preempted regulations” and where the Town cannot adopt different regulations (e.g. fire arms, liquor laws, drinking water quality, vehicle registration) and other areas that are considered matters of “mixed local and state concern” where the Town of Avon has authority to regulate to the extent that such regulations do not conflict with state regulations. Open Meetings Law Colorado first adopted the open meetings laws (aka “Colorado Sunshine Law”) in 1972. Basically, the rule is local government meetings must be open to the public and must be noticed at least 24 hours in advance of such meeting. The Colorado Open Meetings Law allows public access to all meetings, with the exception of executive sessions. Executive sessions (closed door meetings) must meet specific legal criteria and be for the purpose of receiving legal advice on a specific legal matter, negotiation, a personnel matter, or another subject that is protected by law. A request to meet in executive session must be voted on and approved by 2/3rds of Council members at the meeting before Council may convene into executive session. Please view this Quick Guide to Executive Sessions The Open Meeting Law defines a “local public body” as any board, committee, commission or other policy making, rulemaking, advisory or formally constituted body of a political subdivision of the state such as municipalities. The Open Meetings Law defines a “meeting” as any kind of gathering, convened to discuss public business, in person, by telephone, electronically or by other means of communication. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 28 OF 47 The Openness Requirement: Whenever three or more members of the Town Council (the local “public body”) get together and public business is discussed, or formal action may be taken, the gathering is considered a “meeting.” The law requires that the public be given timely notice of meetings; this means that meetings must be noticed (i.e. posted in designated locations in Town) at least twenty-four hours in advance. Meetings conducted by telephone, electronically or by other means of communication: Technological advancements have provided many methods for public officials to confer such as conference calls, text messaging, and e-mails. Consequently, the Open Meeting Law now includes “electronic” as well as “other means” of communication under the statutory definition of “meeting.” The Open Meeting Law now explicitly subjects the e-mail communication of elected officials that discusses pending legislation or other public business to the requirements of the law. Social Gatherings: The Open Meetings Law provides that chance meetings or social gatherings of public officials at which discussion of public business is not the central purpose are not subject to the provisions of the law. Council members should not discuss any Town business if three or more Council members encounter each other a chance meeting or social gathering. Colorado Open Records Act The Colorado Open Records Act (“CORA”) statute provides public access to public records in the possession of all levels of government in Colorado, including municipalities. CORA requires that public records must be produced upon request to the public. A “public record” includes all writings and electronic documents and records that are made, maintained or kept by the Town. There are some exceptions to records that are in the Town’s possession which are not “public records” including confidential records. CORA is a very detailed and highly structured act that creates regular duties for the Town Clerk, as the official custodian of public records, to respond to public records requests. The Public Records Policy is available on the Town’s website. Meeting Minutes and Recordings The Town Clerk takes minutes of every regular, special and emergency Council meeting and presents a draft of meeting minutes for Council adoption. Minutes are a summary of the meeting that indicates the actions taken and shall include brief descriptions of discussions which occur on various matters. The Town Clerk records all regular, special and emergency meetings of the Council. Meeting minutes are available on the Town’s website under the government menu. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 29 OF 47 Municipal Records Retention Policy The Town Clerk is responsible for records retention based on the Colorado Municipal Records Retention Schedule. some examples are listed in the table below: Town Code of Ethics The Code of Ethics provisions in the Town Code prohibit Council members, Town employees and Town officers from taking action in their capacity as a Town official when there is a conflict of interest. The conflict of interest restrictions primarily concern matters in which a Town official may have a financial interest, including a potential future financial interest. They also include The Code of Ethics also allows Council to determine a conflict of interest exists when an actional conflict does not exist but finds that the appearance of a conflict exists. The Town Code of Ethics also includes provisions on gift restrictions and reporting. You are encouraged to review the Code of Ethics section of the Town Code, which is located in Chapter 2.30 Town Code of Ethics. Example Retention 40.010 administrative proceedings records 3 years after proceeding concludes 40.020 affidavits of publication A. Affidavits of Publication – Ordinances B. Other Affidavits of Publication 6 years or until ordinance is repealed or reenacted, whichever is later 6 years 40.030 agreements and contract 6 years after expiration, fulfillment of all terms of agreement or contract or resolution of any disputes, whichever is later, provided that audit has been completed and agreement or contract no longer has any binding effect; except prior to destruction, evaluate for continuing legal, administrative or historical value 40.040 awards and honors Until no longer useful 40.090 complaints, routine service requests and nonbinding petitions 2 years after response or action or 2 years if no response or action is required 40.200 open records requests and supporting documentation 2 years after request is answered AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 30 OF 47 Council members are required to disclose conflicts of interest, refrain from attempting to influence other members of the Council on the matter, refrain from discussing the matter with other council members, may not vote on the matter and must leave the Council Chambers when the matter is being discussed. A general rule is if the matter involves anything in which a council member has or might have a direct or indirect financial interest, except for matters of common public interest, such matters constitute a conflict of interest that must be disclosed. 2.30.060 – Conflict of Interest. A Town Officer shall not: (1) Disclose or use confidential information acquired in the course of such officer's duties: (a) In order to further a business or other undertaking in which such officer has a substantial financial interest; or, (b) For any use which would be detrimental to the Town. (2) Engage in a substantial financial transaction for his or her private business purposes with a person whom such officer inspects or supervises in the course of his or her official duties. (3) Perform an official act which directly and substantially affects to its economic benefit a business or other undertaking in which such officer has a substantial financial interest. (4) Perform an official act which directly and substantially affects a business or other undertaking by whom the officer is employed, or by whom such officer is engaged as counsel, consultant, representative or agent. (5) Acquire or hold an interest in any business or undertaking which such officer has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the agency over which he or she has substantive authority. (6) Perform an official act directly and substantially affecting to its economic detriment any business or other undertaking when such officer has a substantial financial interest in a competing business or undertaking. (7) Solicit or accept a present or future gift, favor, loan, service or thing of value from a person under circumstances which would lead a reasonably prudent person to believe that such gift, favor, service or thing of value was made or given primarily for the purpose of influencing or attempting to influence such officer in connection with an official act, or as a reward for official action he or she has previously taken. The provisions of this Paragraph shall not apply to those circumstances described in Paragraph 2.30.070(3). (8) Perform any official act under circumstances which give rise to appearance of impropriety on the part of the officer. (9) Make or accept any ex parte communication or contact concerning a matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 31 OF 47 (10) Appear on behalf of any private person, business or entity, other than himself or herself, his or her spouse, or minor children, before the Town Council, any Town Commission or the Municipal Court; or, (11) For members of Town Council, seek or obtain employment or compensation concerning matters upon which he or she took an official act during his or her term of office for six (6) months following expiration or termination of office, if such official act occurred less than four (4) years prior to such employment or compensation, provided that this provision may be waived by a majority of the disinterested Town Council members. Consult with the Town Attorney whenever there is any question about whether you have a conflict of interest. Quasi-Judicial Decisions (Due Process) Council acts in legislative, administrative, and “quasi-judicial capacity” capacity. “Quasi-judicial” actions are actions that affect the property and due process rights of an application or appellant. They typically involve the require to review an application or appeal from the decision of a Town officer or the PZC, the requirement to review the matter in accordance with established review criteria and the requirement to provide a hearing with prior notice to the applicant/appellant and often notice to the general public. Council is required to provide a fair, unbiased hearing pursuant to constitutional Due Process considerations when serving in a “quasi-judicial” capacity. Council members may not formulate an opinion on such matters prior to the close of a hearing and consideration of all facts presented. One important restriction is that Council members may not engage in “ex-parte communication” prior to the hearing with either the applicant/appellant or interested members of the general public. Council members may also not base their decision on any information not presented at the hearing or base their decision on reasons that do not related to established review criteria. Quasi-judicial decisions of the Town Council may be appealed to District Court. Legal Actions: Rule 106(a), Section 1983 Claims, and Other Claims There is always the potential for lawsuits against the Town of Avon to challenge a Town action, attempt to compel a Town action or seek damages against the Town. Although a complete review of potential legal challenges is not possible, several common claims against municipalities are highlighted for Council’s awareness. Council Members Named Individually: It is typical for most lawsuits against a municipality to name the Town of Avon as a municipal organization and then also name Council members individually. That general rule is that the Town of Avon defends actions and decisions of individual Council member while serving in their official capacity. The exception to this rule is if a Council member is acting unlawfully (i.e. a violation of AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 32 OF 47 Council oath to uphold laws) in a knowing or reckless manner. An example would be if a Council member attempted to approve a contract as an individual that obligated the Town to payments or created Town liability when the contract was not authorized by Council or Town Manager. Such instances are very rare and typically involve some form of knowing and intentional financial conflict of interest. Rule 106(a) Actions: Colorado Rules of Civil Procedure include the ability to legally challenge and invalidate a local government decision as “arbitrary and capricious” under Rule 106(a). The local government decision that is subject to a Rule 106(a) challenge is typically a “quasi-judicial” decision. A Rule 106(a) challenge must be filed in District Court within 28 days after the date of the final decision of the Town of Avon. The Avon Municipal Code is structured to allow any administrative decision or PZC decision to be appealed to the Council so that for nearly all instances it is only the final decision of Council that may be challenged in District Court. Rule 106(a) challenges can arise from any land use decision, code enforcement action, decision on the payment of a tax, fee or fine, or decision affecting a business interest such as a business license or liquor license. Rule 106(a) challenges are a review of the “record of decision” where all materials considered for the decision, including Staff reports, applicant information, and public comment, and a transcript of the public hearing. Often times a “Record of Decision” is prepared and formally adopted by Council which documents all the materials and the Council “findings of fact” that serve as the basis for a decision. The most important aspect to understand is that Council must base its quasi-judicial decisions on specific “findings of fact” that relate to adopted review criteria to survive a legal challenge that a Council decision is arbitrary and capricious. Section 1983 Actions: Section 1983 actions refer to a section of the federal code which allows individuals to sue governmental entities for violations of federal constitutional rights under “color of law”. These actions allow for potential recovery of attorneys’ fees and damages. Examples of Section 1983 claims include land use decisions that result in a “taking” of private property or denial of “due process”, alleged practices by police departments that discriminate against persons based on race, nationality or ethnicity, and local government practices that infringe upon free speech. Awareness and compliance with constitutional law is a routine and fundamental function of the Town of Avon as a local government entity. Tort Claims: Tort claims involve claims for damages when someone experiences personally injury or property damage that is the result of the Town having a duty in some manner to the individual, breaches the duty, and such breach causes the damages. Tort claims against local government are highly regulated the Colorado Governmental Immunity Act, which is discussed more below. Avon, local nearly all local governments, routinely receives “notice of claims” and coordinates response to such claims with CIRSA. The most direct areas of tort claims for concern are road hazards (i.e. open excavation in travelled roadway) and entrances to public buildings. Breach of Contract: The of Town of Avon is subject to breach of contract claims, and may bring breach of contract claims, in the same manner as private parties. There are some contract terms that are unique to local governments and municipalities. Generally, the Town uses standardizes forms, or incorporates standardized municipal provisions, that are commonly used by municipalities which protect the Town from liability. When retaining a party to provide services the Town generally structures contracts to receive services first and pay after performance of services. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 33 OF 47 Local Government Statutory Claims: There are numerous statutory requirements for local government, such as compliance with the Colorado Open Records Act and Colorado Open Meetings Law, that establish the right of individuals to bring legal actions for non-compliance. Statute of Limitations: The last legal concept to mention is the Statute of Limitations which creates deadlines to bring legal actions, whether against the Town or by the Town. There are different rules for enforcement of code violations, recovery of taxes and fees, breach of contract, collection of debts and filing claims based in tort. Governmental Immunity Sovereign immunity is the state’s immunity from most kinds of lawsuits unless the state consents to be sued. Governmental immunity is generally understood to be that portion of the state’s sovereign immunity which extends to local governments. Governmental immunity bars tort claims against local governments for injuries caused by their employees or agents acting within the scope of their duties in the performance of governmental functions. It does not protect a local government from tort claims arising from the performance of proprietary functions. Much of the case law involving governmental immunity focuses on whether (1) the employee who caused the injury was acting within the scope of the employee’s duties and (2) whether the activity in which the employee was engaged was governmental or proprietary. Colorado Intergovernmental Risk Sharing Agency (CIRSA) The Colorado Intergovernmental Risk Sharing Agency (CIRSA), is a public entity formed over 30 years ago by Colorado municipalities for Colorado municipalities. With more than 270 communities and public entities, CIRSA is a self-insurance pool and member-owned organization which provides member-influence over the programs and services CIRSA offers. As a member, the Town’s contribution buys an equity interest in CIRSA’s self-insured pool potentially lowering our future contributions. CIRSA proactively identifies and manages risks, improves the claims experience, and works collaboratively with the Town to cut our losses. In addition, CIRSA provides free training and education for elected officials and board members, enriched resources ranging from on-the-job safety training to workplace harassment awareness, practical tools plus webinars and safety manuals, and in the event that a claim or lawsuit is filed, CIRSA will manage the process and assign an experienced public entity attorney to represent the Town. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 34 OF 47 Tax Payors Bill of Rights (TABOR) TABOR is the Taxpayer Bill of Rights, passed by the voters in 1992. TABOR prohibits any tax increase without a vote of the people. In addition, TABOR places strict limits on how much revenue the state of Colorado can keep and how much it can spend. Specifically, TABOR allows the state to retain and spend an amount based on the prior fiscal year's actual revenue or limit, whichever was lower, grown by Colorado inflation and population growth and adjusted for any "voter-approved revenue changes. TABOR limits are the strictest revenue and spending limits in the nation. Any revenue collected in excess of TABOR’s revenue limits must be refunded to the taxpayers. For more information about TABOR, visit the following pages on the Legislative Council Staff website: • TABOR Revenue Limit • History of TABOR Refund Mechanism • History of TABOR Enterprises • Report on Referendum C Revenue and Spending AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 35 OF 47 SECTION VIII: POLICY DOCUMENTS Overview Council has adopted a variety of formal policy documents over the years. These documents are typically created through a community engagement process and subject to multiple public hearings prior to adoption. These Policy Documents provide general goals and defined strategies for implementation which often transcend Council terms. It is important to acknowledge these Policy Documents for decision making and prioritizing the Town’s work plans as well as important to update and revise such documents to reflect accomplishments as well as changed circumstances which may require a change in community goals, strategies and priorities. Comprehensive Plan Avon's Comprehensive Plan (Appendix 10), adopted in 2017, was recently awarded the Vernon Deines Award for Outstanding Small Town or Rural Plan by the prestigious American Planning Association. Avon’s Comprehensive Plan is an overarching plan that guides Avon's land use and development. The Comprehensive Plan creates the goals and policies that encourage the type of growth and values that Avon citizens envisioned during the public comment process. A number of overarching goals and policies provide direction in the following community-wide topic areas: A. Built Form B. Land Uses C. Community Character D. Economic Development E. Housing F. Multi-modal Transportation & Parking G. Environment H. Parks, Recreation, Trails, and Open Space I. Public Services, Facilities, Utilities, and Government J. Regional Coordination Each topic area contains one or more goals and several specific policy objectives. Certain goals and policies are more specific and timely than others; however, all goals and policies contribute to the vision of the plan and its implementation. Finally, certain policies interrelate to several topic areas (such as policies that are relevant to both Land Use and Economic Development). The comprehensive plan also serves as a basis for the adoption of the zoning map and amendments to the zoning map. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 36 OF 47 Village (at Avon) Development Agreement and Planned Unit Development The Village (at Avon) is the 1,779 acre Planned Unit Development (“PUD”) area on the east side of Avon that was annexed in 1998. The Village (at Avon) development is subject to very elaborate terms regarding vested rights for defined “Planning Areas” in the PUD and long range Town tax credits to finance the development of public infrastructure in the Development Agreement. “Vested Rights means that the Town is restricted from changing the zoning and development approvals until 2039. The Town’s tax credits apply to the Town’s sales tax, accommodations tax, real estate transfer tax and Avon water tap fees. The Town collects property tax and a .75% dedicated Add-On Public Improvement Fee on all retail sales in the Village (at Avon). The Village (at Avon) has zoning on the valley floor between Piedmont Apartments and City Market/Chapel Square that is comparable to the Town Center zoning (i.e. mixed-use development up to 80’ and medium and high density multi-family residential), zoning for mixed-use commercial and multi-family residential on the north side of the I-70 interchange and zoning for residential on the north mountain side that is comparable to Wildridge and Mountain Star. Due to the depth and complexity of the Village (at Avon) development, and the scale and long-range nature of this half of Avon, dedicated work sessions will be provided to Council to review this development area. Click here to view the Village at Avon PUD Guide Avon Community Housing Plan The Community Housing Plan (Appendix 11), prepared in 2018 sets the following goals and objectives: a. Focus on increasing deed restricted homeownership opportunities for households making equivalent of 140% or less of the Area Median Income - $430,000 for a household of three people in 2018. b. Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental housing stock, to create a more balanced portfolio with a long-term goal of 50% rental, 50% ownership. c. When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level. d. Stabilize or increase the percentage of year-round residents; currently 55% of all dwelling units in Avon are occupied by year-round residents. e. Stabilize or increase the percentage of Eagle County working residents Avon. f. Seek to add deed restricted units to the inventory in the short term. g. Strengthen regional partnerships with other communities and entities (i.e. Habitat for Humanity, Eagle County, other municipalities) to make projects happen. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 37 OF 47 h. As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase housing serving the local year-round population. i. Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects and housing stock in the mid-valley; appendices may be updated by Resolution. Climate Action Plan On December 13, 2016, the Avon Town Council unanimously voted to adopt the Climate Action Plan for the Eagle County Community (Appendix 9). The plan is the culmination of a year-long effort that included more than 30 Eagle County stakeholders who were tasked with reducing GHG emissions for the entire County. The Climate Action Plan for the Eagle County Community calls for greenhouse gas emission reduction targets of 25% by 2025 and a minimum of 80% by 2050. Energy use, transportation use, commercial buildings, waste and energy sources are all addressed within the plan, which is focused on climate mitigation. In order to meet the established targets, the plan also contains project recommendations for the community, including county government, towns, businesses, nonprofits, and other partners to begin immediate climate action. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 38 OF 47 The collaborative stakeholder group continues to convene regularly to implement the goals and strategies recommended in the Climate Action Plan and monitor success. Five sector-based working groups have formed: 1) Education and Outreach 2) Residential Buildings 3) Commercial Buildings and Industrial 4) Transportation and Mobility 5) Materials Management and Waste Reduction. Walking Mountains Science Center was contracted to serve as project manager to convene and facilitate this community-wide project. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 39 OF 47 Other Plans The Community Development Department is responsible for managing the Town's built environment and creating a livable community that balances the needs of residents, businesses, property owners and visitors. Below is an overview of the long-range documents and plans Long-Range Documents • (2018) Town Owned Properties Plan • (2018) Village at Avon PUD • (2018) Multimodal Transportation and Parking Plan • (2015) Walkability Report • (2015) Village (at Avon) DRB Guidelines • (2009) H.A. Nottingham Park Master Plan • (2007) West Town Center Investment Plan • (2007) East Town Center District Plan AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 40 OF 47 SECTION IX: AFFILIATIONS Colorado Municipal League | CML The Colorado Municipal League (CML) is a non-profit organization that has served and represented Colorado cities and towns since 1923. Currently 265 of Colorado’s 271 municipalities are members of CML. CML provides advocacy, information and training to its members. CML’s mission is twofold: to represent cities and towns collectively in matters before the state and federal government, and to provide a wide range of information services to assist municipal officials in managing their government. Then Town of Avon is a member of CML and the organization sends an informational welcome packet to newly elected council members and monthly newsletters. In addition, CML has an Elected Official’s Starter Kit available on their website. For your convenience, this kit has been attached at the end of this Handbook in Appendix 6. For more information about CML, please visit their website at www.cml.org. Colorado Association of Ski Towns | CAST The Colorado Association of Ski Towns (“CAST”) is an organization of 26 municipalities and four counties whose economies are largely dependent upon the ski industry and tourism. Members include the mayors, managers and council members of the resort towns. The Association was formed in part to recognize that resort communities face unique challenges in providing municipal services to residents and visitors. Member municipalities share the benefits of the diverse knowledge, experience and leadership offered through meetings, conferences, surveys and other informational venues, as decided by the members. CAST members use the power of the coalition to seek support for legislation that will benefit and sustain the mountain communities. CAST supports actions that keep member communities livable, protect their pristine environments, and promote community-based land use, mass transit, affordable housing, and sustainable tourism. CAST’s goal is to foster growth that will ensure an exceptional quality of life for citizens and a positive experience for visitors. For more information about CAST visit their website at www.coskitowns.com. Climate Action Collaborative | CAC The Climate Action Collaborative (CAC) for the Eagle County Community is a group of local governments, businesses, schools, special districts and nonprofits tasked to implement the recommendations of the Climate Action Plan for the Eagle County Community. The plan recommends county-wide carbon pollution reduction targets of 25% by 2025 and 80% by 2050, from the Eagle County 2014 baseline inventory. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 41 OF 47 The Collaborative meets quarterly and includes working groups focusing on reductions in: buildings (residential & commercial), transportation, the landfill, and our energy supply. There is also a working group dedicated to education and outreach in the Eagle Valley. For more information about the Climate Action Collaborative visit their website at www.walkingmountains.org/climate-action-collaborative. Colorado Communities for Climate Action | CC4CA Colorado Communities for Climate Action (CC4CA) is a coalition of 34 local governments across the state advocating for stronger state and federal climate policy. CC4CA is governed by a Board of Directors of representing all of the member communities. Colorado Communities for Climate Action has adopted, by unanimous consent among its members, a policy statement that guides the coalition’s efforts. The Policy Statement includes promoting plans and actions to: a. Extend current authorities and provide new ones for local action. b. Set new state climate-protection goals. c. Define and implement concrete steps to meet those goals. d. Reduce carbon pollution through concrete new policies on electricity generation, energy efficiency, transportation, and waste management. e. Ensure that all of Colorado benefits from the clean energy transformation. For more information about the CC4CA visit their website at www.cc4ca.org. I-70 Coalition The I-70 Coalition is a non-profit organization representing 28 local governments and businesses along Colorado’s I-70 mountain corridor. The coalition’s mission is to enhance public accessibility and mobility in the I-70 Central Mountain Corridor and adjoining dependent counties and municipalities through the implementation of joint public and private transportation management efforts. The goals are to: a. Advocate for Improvements on the I-70 Mountain Corridor b. Active Involvement in Plans and Processes Affecting the I-70 Mountain Corridor c. Support Transportation Funding Initiatives d. Develop and Implement Travel Demand Management Strategies e. Information Sharing and Outreach AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 42 OF 47 For more information about the I-70 Coalition visit their website at www.i70solutions.org. Northwest Colorado Council of Governments | NWCCOG Northwest Colorado Council of Governments (NWCCOG) is a voluntary association of county and municipal governments that, individually and collectively, believe working together on a regional basis provides benefits that could not be obtained alone. There is no universal model for regional councils of governments. There are 14 regional governmental associations within Colorado. All are unique because each reflects the needs and desires of its membership. NWCCOG literally becomes what its members want it to be, due to the changing needs and opportunities of the region. The Council, made up of representatives from each member jurisdiction, directs the activities of NWCCOG. The NWCCOG staff is responsible for carrying out the Council’s direction. The purpose of the Northwest Colorado Council of Governments is to be responsive to our members’ needs and interests by providing guidance and assistance in problem solving, information sharing and partnership building, advocating members’ interests and needs with local, state and federal entities, and providing quality services to our membership that are relevant, effective and efficient. For more information about NWCCOG visit their website at www.nwccog.org. Eagle County Regional Transit Authority | ECRTA Council of Governments | NWCCOG The Eagle County Regional Transit Authority (ECRTA) is an eight member board of elected officials from incorporated towns who develop operating policy for the Eagle County Regional Transit. The half-cent county sales tax is dedicated to funding regional transportation. ECRTA meets quarterly to make recommendations to the Commissioners in an advisory capacity regarding long- and short-term plans and strategies for the provision of regional mass transportation and trails in and around Eagle County. For more information about the ECTRA Advisory Board visit: https://www.eaglecounty.us/Transit/ECRTA_Advisory_Board. EGE Air Alliance Formed in 2002, the EGE Air Alliance is a 501(c)(6) non-profit public-private partnership that provides the funding to support a vibrant local flight service program that ensures that the Eagle County Regional Airport (EGE) remains a vital part of the Eagle County economy. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 43 OF 47 The mission of the EGE Air Alliance is to work with airlines to maintain existing flights and secure new flights to and from the Eagle County Regional Airport. Air services are not guaranteed by any airline, and the EGE Air Alliance is the one organization that works directly with them to maintain and grow new flights and air routes into Eagle County. For more information about the EGE Air Alliance visit: www.egeairalliance.com/ Vail Valley Partnership | VVP Vail Valley Partnership, a 501(c)(6) nonprofit organization, has been engaged in the community from the early days of Vail, starting in 1964 as the Vail Resort Association. Vail Valley Partnership is the regional community development organization, dedicated to the economic vitality of the Vail Valley. We support local businesses. We unite key stakeholders. We lead collaborative efforts throughout the community. With a membership of 880+ organizations that spans the Vail Valley and beyond and which represents 80% of the local workforce, Vail Valley Partnership is dedicated to ensuring local business success and fostering regional economic vitality by offering local business tools & resources, promoting the Vail Valley to destination guests, and initiating economic development efforts. The Partnership’s efforts in the community include three distinct yet connected roles: • Regional Chamber of Commerce- We work to provide the valley’s businesses with networking, educational, and collaborative opportunities with the goal of strengthening our local business community and to advocate for our business community at a regional & state level. • Tourism Development- We work to promote the entire Vail Valley as a year-round destination to potential in-state, out-of-state and international visitors through VisitVailValley.com. We work to attract groups and meetings from all over the country to the Vail Valley. • Economic Growth & Advocacy- We work to ensure the Vail Valley’s economic health stays strong for years to come. We work to help existing Vail Valley businesses thrive and recruit new businesses that have the potential to support our local economy. For more information about VVP visit: www.vailvalleypartnership.com. Eagle River Watershed Council | ERWC The Eagle River Watershed Council (“ERWC”) believes that our rivers and streams are the life-blood of our valley. Their preservation and restoration improve our economy, our culture, and our quality of life. The Watershed Council advocates for our rivers through educational programs, special events, restoration projects, monitoring, research, and community volunteer projects. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 44 OF 47 For more information about ERWC visit: www.erwc.org. Urban Runoff Group | URG In 2010, with coordination of the Eagle River Water and Sanitation District and the Eagle River Watershed Council, an Urban Runoff Group (URG) was formed to address current non-point source issues in the Gore and Eagle drainages and work towards current inventory and assessment of all non-point source issues affecting the watershed. This stakeholder group is working to keep Gore Creek off of the 303(d) list, an action expected to be proposed based on the State Water Quality Control Commission (WQCC) recently adopted aquatic life assessment methodology. As proposed by the WQCC, Gore Creek could be placed on the State’s 303(d) list as a result of low aquatic life assessment scores for Gore Creek upstream of the Vail Wastewater Treatment Plant. Eagle River Water & Sanitation District | ERWSD and Upper Eagle River Water Authority | UERWA The Eagle River Water & Sanitation District (ERWSD) is a local government that provides efficient, reliable water and wastewater service to its customers from east Vail to Wolcott. The District conducts its operations in an environmentally sound manner, ensuring regulatory requirements are met while also forging strong partnerships within the recreation and tourism-based community. The Eagle River Water & Sanitation District provides water service within its water service area which includes the Vail Water Subdistrict and properties of the Wolcott area that have included into the District boundary. Water sources include wells and a surface water treatment plant located in East Vail. The District provides full contract water operations and management (O&M) services to: The Upper Eagle Regional Water Authority (UERWA), which provides water to its six member entities, including: • Town of Avon • Arrowhead Metropolitan District • Beaver Creek Metropolitan District • Berry Creek Metropolitan District • EagleVail Metropolitan District • Edwards Metropolitan District The Authority also provides service to the Bachelor Gulch and Cordillera Metropolitan districts. For more information about ERWSD visit: www.erwsd.org. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 45 OF 47 Eagle County Community Wildlife Roundtable The Eagle County Community Wildlife Roundtable is a collaborative partnership with the White River National Forest, Colorado Parks and Wildlife, Bureau of Land Management, local government entities, community members, and citizen scientists. The purpose of the Eagle County Community Wildlife Roundtable is to gather a group of diverse stakeholders in the valley to understand and address issues facing wildlife populations. Together we will identify a shared vision and realistic actions that the community can rally around to support wildlife. We want to leverage diverse values, creativity, and resources to move to positive action. SpeakUp ReachOut SpeakUp ReachOut is a group of individuals who are dedicated to providing suicide prevention, intervention and loss support services to those in need. Services offered include: • suicide prevention/awareness education • community connection events • suicide loss support services. They host quarterly public community meetings on behavioral health and suicide prevention. For more information about SpeakUp ReachOut visit: https://www.speakupreachout.org/ Eagle County Mental Health Advisory Board In 2018 the Eagle County Board of Commissioners appointed 10 members to its Mental Health Advisory Committee. The committee is tasked with prioritizing programs and services to be funded through county’s voter-approved Mental Health Fund, as well as other sources. Members of the committee represent health care and mental health care providers, law enforcement personnel, and community advocates across both the Eagle and Roaring Fork valleys. For more information, visit: www.eaglecounty.us/PublicHealth/News/County_names_mental_health_advisory_board_members/ AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 46 OF 47 Eagle Valley Behavioral Health Eagle Valley Behavioral Health is a nonprofit 501(c)(3) organization. It is governed by a Board of Directors comprised of community members and behavioral health leaders. The Eagle Valley Behavioral Health board of directors, administration and employees are committed to providing the critical change needed to ensure the vision for a robust, sustainable behavioral health system is realized. For more information about the board and advisory council visit: www.eaglevalleybh.org. Eagle County Emergency Responders Fund | ECERF Eagle County Emergency Responders Fund (ECERF) a 501(c) (3) non-profit organization was founded by a group of civilians and emergency responders committed to raising funds on behalf of all emergency responders in Eagle County, Colorado. For more information about ECERF visit: www.ecerf.org. AVON TOWN COUNCIL HANDBOOK DECEMBER 2020 PAGE 47 OF 47 SECTION X: APPENDICES Appendices The following information items have been referenced in the previous sections and are suggested for your review: • Appendix 1 – Town Organizational Chart • Appendix 2 – Avon Town Council Simplified Rules of Order • Appendix 3 – Remote Meeting Attendance Policy • Appendix 4 – Boards & Commissions • Appendix 5 – Resolutions establishing Citizen Committees • Appendix 6 – CML Elected Official’s Starter Kit • Appendix 7 – Ethics, Liability and Best Practices Handbook for Elected Officials • Appendix 8 – Draft 2021 Budget • Appendix 9 – Climate Action Plan • Appendix 10 – Comprehensive Plan • Appendix 11 – Housing Plan 2021 Department Work Plan Adopted January 26, 2021 Page 1 of 9 Town of Avon 2021 Department Goals INTRODUCTION: This document presents specific tasks and projects to be completed, or substantially completed, during 2021. The 2021 Department Goals replaces the former Strategic Plan with regard to identifying specific projects to be completed during the calendar year as well as clarifies the Department responsible for performing the tasks. Quarterly updates will be provided to Council at which time Council members may discuss the 2021 Department Goals and provide direction on revisions, additions, deletions and changes in priority. The 2021 Department Goals provides a foundation for organizing and scheduling Staff work as well as scheduling reports, work session and action items for Council meetings. GENERAL GOVERNMENT 1.Establish a “State of Town” Document or Video: Avon will create a “State of the Town” presentation that will review highlights from 2020 and provide an overview and outlook for significant projects in 2021. 2.Holy Cross Electric Franchise Agreement Renewal: The Holy Cross Electric Franchise Agreement is required to be renewed. This is a twenty-year agreement that expires on February 28, 2021 and needs to be renewed. A report and draft ordinance for first reading will be presented in January to Council. 3.Implement Bang the Table Community Engagement Platform: Council approved the “Bang the Table” Community Engagement Platform in fall of 2020. Staff is preparing a variety of Town projects to post on this new platform. The goal is post approximately nine separate projects by the beginning of February and then review performance, functionality and usage with Council in April. 4.Update Procurement Code: The existing Procurement Code was adopted in 2010. Staff has a working draft of a revised and updated Procurement Code to present to Council at the end of February. Adoption of the revised Procurement Code would occur by Resolution. 5.Update Avon Brand Guidelines: Avon adopted Brand Guidelines in 2016 which establishes colors, fonts and standards for use of the Town logo. Since its adoption, Avon has not used some color formats, has integrated other colors, has returned to the “Heart of the Valley” tag line and has established the Heartbeat Newsletter. The update to the Avon Brand Guidelines document will incorporate current practices for marketing, communications and documents and will bring the document in-house so that it can be updated more easily. 6.Update Contract Archive Procedures: All contracts are public documents and are required to be archived by the Town Clerk. Avon has not established written or uniform procedures for transmitting contracts to the Town Clerk’s office. Staff is currently creating a transmittal letter and uniform process for all Departments to transmit executed contracts to the Town Clerk’s office. We are also exploring ATTACHMENT B 2021 Department Work Plan Adopted January 26, 2021 Page 2 of 9 placing all Town contracts in a designated folder under public records that can be accessible on the Town’s website. 7. Promote Recycling for Multi-Family and Accommodations Buildings in the Town Core: The West Town Center area has the highest concentration of multi-family and accommodations buildings. Staff will develop a contact list, determine existing practices, organize open house meetings with the building managers, and identify opportunities to promote recycling for these properties. 8. Collect Residential Sales Data: Currently, approximately 50% of residences in Avon are occupied by full-time residents as their primary residence. The Avon Community Housing Plan states the goal to preserve this ratio of at least 50% primary residence occupancy of residential properties. In order to monitor and track compliance with this goal, residential sales data should be collected each year to determine the loss or gain in primary residence occupancy as well as to track real estate prices in relationship to affordable and accessible housing. 9. Adopt Recall Procedures by Ordinance: Avon Home Rule Charter states that Avon may adopt Recall Procedures by ordinance. Avon has not adopted Recall Procedures. Other municipalities have adopted Recall Procedures which typically include forms and instructions which are more accessible to the public. 10. Establish a Climate Action Investment Matrix: Avon appropriates and invests funds every year to implement greenhouse gas reduction and advance climate action goals. Establishment of an investment matrix is a carry-over project from 2020. The intent is to summarize various climate action projects, the financial investment for each project, the reduction of greenhouse gas and then provide a comparison of return on investment for various projects. 11. Research Net Zero Communities: Avon endorses the Net Zero Mountain Town 2030 goals of reducing community greenhouse gas emissions to a “net zero” level. This goal involves researching and presenting the actions, economy and lifestyle of communities that have achieved net zero greenhouse gas emissions. 12. Comcast Franchise Renewal: The current Comcast Franchise Agreement expires at the end of 2022. A cable franchise agreement renewal process typically requires a year. The goal is to review the process and then commence by the end of 2021 and conduct the majority of the renewal process in 2022. 13. Trademark Logos and Names: Identify various logos, marks, event names and tag lines used for Avon’s brand and file appropriate action to trademark and protect this branding and marketing intellectual property. 14. Art in Avon: Art in Avon will solicit artists to create outdoor art works that can be displayed in various locations in Avon for a year and then would be replaced each year with new artwork. Artists receive a modest commission to assist with material costs and the artwork is displayed for potential sale. It would be featured each year and would be promoted with self-guided walking tours. 2021 Department Work Plan Adopted January 26, 2021 Page 3 of 9 15. Recreation Center Mural: The Avon Recreation Center has three large blank cinder block walls on the south side of the building facing the Avon Main Street Mall. This area was identified for installation of mural art in a manner similar to Lettuce Shed Lane. 16. Conduct 2021 Community Survey: A biennial survey would be conducted in the late spring to solicit input on Town services and pending policy questions. The community survey will be sent to residents, property owners and business owners in Avon. 17. Conduct Long Range Avon Vision Process to Replace Former Strategic Plan: A vision document will be created that describes how the Avon community desires to see Avon in 10 to 20 years along with strategic policies to achieve this vision. 18. Establish Winter Marketing Plan for 2021-2022 Ski Season: A winter marketing plan will be created which reflects the values of the Avon community and seeks to attract visitors during the winter which are compatible with Avon’s community values. FINANCE 1. Implement Tyler Technologies: The Finance Department proceeded with the Tyler Technologies software upgrades to replace Sungard and PowerPlan in the fall of 2020. All of the Town’s accounts will be transferred over and entered into the Tyler Technologies software platform and Staff will be trained on using this new platform for all budgeting and financial matters. An overview of the new platform and functionality will be presented to Council in early 2021. 2. Implement Clear Gov Budget Platform: Council approved the Clear Gov Budget website platform to improve the public’s ability to review and understand the Town’s budget. A presentation to Council will be scheduled in early 2021. 3. Create Public Real Estate Transfer Tax Analysis Document: Questions concerning the Town’s real estate transfer tax arise periodically. A comprehensive analysis of the Town’s real estate transfer tax will be prepared and presented to Council in early 2021. 4. Broadband Planning Project: Town has contracted with HR Green to conduct a Broadband planning analysis, which will include conducting a market assessment, determining community preferences, and analyzing the broadband activities of our peer mountain resort communities. 5. Research Sales Tax on Vehicle Purchases and Leases: Staff will research the total sales tax paid for vehicle purchases in the Town of Avon in order to present information on the potential financial incentive for sales tax waivers for electric vehicle purchases. 6. Refresh Financial and Budgetary Policies: The Town’s budget includes Financial and Budgetary Policies which are re-adopted each year. Staff will review and present proposed revisions to the Financial and Budgetary Policies to the Finance Committee for inclusion in the draft budget for 2022. 2021 Department Work Plan Adopted January 26, 2021 Page 4 of 9 7. Update Financial Comparison of Peer Communities: Town conducted comprehensive comparisons of the Town’s tax structure with neighboring communities in Eagle County. Staff will update those comparisons and expand to include our primary comparator communities of Breckenridge, Frisco, Silverthorne, Snowmass, Steamboat Springs, Telluride and Vail. 8. Research Portion of Avon’s Revenues from Visitor Economy: Staff will conduct an analysis to determine the share of the Town’s revenues that are derived from the visitor economy. 9. Establish Long-Range Planning Projection per Budget Policies: The Budget Policies state that long-range planning projections should be established. Staff will prepare long-range planning projections for presentation and review by the Finance Committee. 10. Establish Improved Public Involvement Process and Budget Schedule: Staff will establish and execute an improved budget schedule for public involvement for the 2022 budget process. 11. Establish Improved Assessment of Revenues and Costs for Identified Activities: Staff will utilize the Tyler Technology platform to identify activity areas, such as Recreation Center, Transit, Fleet operations, and Special Events, and present revenues and expenses with those activity areas to promote understanding of cost and financial goals to balance revenues and expenses in specific activity areas where possible. 12. Present Legal and Financial Analysis of Use Tax: Staff will prepare an overview of sales and use tax as commonly used throughout Colorado, potential revenues, potential dedication of such revenues for designated purposes such as capital improvements or community housing, and present that information to the Finance Committee. HUMAN RESOURCES 1. Comparison of Benefits in Peer Communities: Staff will conduct a comprehensive review of employee benefits offered in our peer communities, including our primary comparator communities. 2. Implementation of Customer Service Training Program: Staff will establish and implement a customer service training program that provides uniform training and sets uniform expectations for how Town Staff interacts with the general public. 3. Implementation of Performance Evaluation Training Program: Staff will establish a training program for Directors and Supervisors to conduct performance evaluations with the updated performance evaluation criteria. 4. Implementation of Annual or Semi-Annual Pulse Survey: Staff will establish and implement a ‘pulse survey’ to be sent to all Town employees to gather input on working conditions, concerns, and recommendations for improved practices. 2021 Department Work Plan Adopted January 26, 2021 Page 5 of 9 5. Update American with Disabilities Act Coordinator: The Town adopted by resolution designations and processes for an American with Disabilities Act Coordinator in 1993. Staff will update this document in 2021. 6. Assess Human Resources Information Systems (HRIS): Staff will assess the utility, functionality, costs and benefits for a Human Resources Information System in 2021 and propose options and recommendations for adoption in 2022. COMMUNITY DEVELOPMENT 1. Implement Bang the Table for Planning Projects: Approximately half of the Bang the Table projects will be planning and development projects overseen or administered by the Community Development Department. Staff will actively participate in developing content for the Bang the Table platform. 2. Update Avon Community Housing Plan: Staff will update the Avon Community Housing Plan to reflect decisions and direction since its adoption. 3. Implement SmartGov Permit and Planning Software: Staff will implement the SmartGov Permit and Planning Software to improve Department efficiency. 4. June Creek Road Emergency Access: Staff will lead Town’s efforts to coordinate with the Berry Creek Metropolitan District, Eagle River Fire Protection District, Eagle County Emergency Management and other stake holders to pursue establishment of an emergency vehicle access on June Creek road. 5. USFS Road 779: Staff will lead Town’s efforts to solicit community input regarding recreational use of June Creek road, coordinate with the US Forest Service, determine Council direction where appropriate, and implement such direction. 6. Finish Convention Center Footprint Analysis for Old Town Hall Site: Staff will prepare a rough depiction of the footprint of a hypothetical convention center with parking and lodging at the old town hall site to demonstrate scale, feasibility, and limitations of this site. 7. Swift Gulch Employee Housing Planning: Staff will lead efforts to conduct initial schematic designs, cost estimating and financial options for the development of Town owned employee housing at the Swift Gulch site. 8. Title 7 Development Code updates: Staff will present updates to the Development Code including updates to the Sign Code to address revisions on electronic signs and political signs. 9. Nottingham Park East Planning Project: Staff will lead a community-based design effort to consider improvements to Nottingham Park, including construction of restrooms and related facilities to support events on the main field and the Avon pavilion. 2021 Department Work Plan Adopted January 26, 2021 Page 6 of 9 10. Implement Historic Monument Project: Staff will oversee installation of historic photo monuments around Avon and assist with the creation of a walking tour document. 11. Child Care/Housing on Planning Area E: Staff will conduct preliminary outreach to determine regional interest and potential regional financial support for a childcare and housing project on Planning Area E in the Village (at Avon). 12. Customer Service Survey: Staff will establish a customer service survey that can be provided to development applicants each year to gauge the Town’s customer service and solicit input on recommendations for improvement. ENGINEERING 1. Implement Capital Improvements Projects Plan for 2021: Provide written status reports on capital improvements projects to Council at first Council meetings in April, June, August, October and December. 2. Create Public Infrastructure Schedule: Staff will establish a comprehensive schedule of the Town’s public infrastructure, with replacement costs for the next 20 years, including roads, buildings and public facilities. 3. Research Best Practices by Peer Communities on Site Security Obligations: Staff will research the best practices for site security obligations for construction projects and present a written report to Council with recommendations. 4. Prepare Grading Regulations for Utility Maintenance Work: Staff will review existing grading regulations for utility maintenance work and provide recommendations for revisions. 5. Add Additional Layers of GIS: Staff will continue to develop and add additional layers of GIS to build the Town’s GIS system. 6. Village (at Avon) Water Bank: Staff will finalize the Village (at Avon) Water Bank schedule and procedures in cooperation with the Village (at Avon) Development Agreement. PUBLIC WORKS 1. Prepare Level of Service for All Park, Landscape and Streetscape Maintenance: Staff will prepare a document that describes the level of service for park, landscaping and streetscape maintenance that meets the expectations of the Avon community. 2. Create a Schedule of Park, Trails and Streetscape Capital Assets and Maintenance Plan: Staff will create a schedule of Parks, Trails and Streetscape infrastructure that is similar to and will compliment the Public Infrastructure Schedule to be created by the Engineering Department. 2021 Department Work Plan Adopted January 26, 2021 Page 7 of 9 3. Implement Timely and Effective Richardson Ground Squirrel Control Program: Staff will implement the control programs for the Richardson Ground Squirrel in spring 2021, before the population grows. 4. Implement Pilot Bio-Char Program: Staff will research and implement a pilot bio-char program to use wildfire mitigation materials and organic yard wastes to create bio-char that can be used as a soil amendment. 5. Install Outdoor Music Equipment: Staff will install outdoor music equipment near the Avon Recreation Center and by the Avon playground in spring, 2021. RECREATION 1. Facilitate Health & Recreation Committee Input on Recreation Questions for Community Survey: Staff will prepare questions for the Community Survey related to Health and Recreation and will submit the questions for review and input by the Health and Recreation Committee. 2. Implement COVID-19 Public Health Orders as Amended: Staff will continue to implement COVID- 19 Public Health Orders as appropriate. 3. Develop Landscape Plan to Improve Outdoor Appearance: Staff will develop a landscape plan to improve the outdoor appearance of the Avon Recreation Center. 4. Update White Water Park Signs: Staff will provide input, language and graphic content for the installation of updated white-water park signs. 5. Organize Cardboard Boat Regatta: Staff will lead and organize the cardboard regatta which will be coordinated with End of Summer Event. 6. Repair Middle Leisure Pool and Jacuzzi: Staff will oversee and implement re-plaster the middle leisure pools with Diamond Brite finish and will complete jacuzzi leak repairs. 7. Execute Lake Nottingham Ice Skating Program: Staff will execute the opening Lake Nottingham for public ice skating in 2021. 8. Enhance and Expand Adult Programs: Staff will pursue additional group fit options, Zoom class offerings, and transition Spin Studio to martial arts/boxing/kickboxing training room. 9. Enhance Open Water Swim Championships with CASE: Staff will seek to enhance the Open Water Swim Championships, will seek to graduate six senior swimmers to collegiate level swimming, and will apply for USA Swimming Foundation grant to increase subsidized swim programs. 10. Provide Recreational Input for Nottingham Park Improvements: Staff will solicit input from the Health and Recreation Committee on Nottingham Park Improvements. 2021 Department Work Plan Adopted January 26, 2021 Page 8 of 9 11. Improve Trash Receptacles Outside Recreation Center: Staff will coordinate with capital improvements and public works to address trash receptacles outside Recreation Center to improve the outdoor appearance of the Recreation Center on the southeast side of the building. 12. Yoga Studio Kitchen Remodel: Staff will propose and oversee a kitchen remodel in the yoga studio to enhance community functionality, including senior programs. POLICE 1. Firearms Training Simulator: Staff will implement the Firearms Training Simulator at the Avon Police Department in partnership with Eagle County Sheriff’s Department and will seek to offer simulator training to other police departments in Eagle County. 2. Implement Requirements of HB 217: Staff will implement procedures and acquisition of equipment as required by House Bill 217, which mandated additional minimum standards for police departments in Colorado. 3. Analysis of Individually Assigned Take-home Vehicles: Staff will prepare a comprehensive analysis of the cost and benefits of individually assigned take-home vehicles. 4. Incorporate Designated Comparator Communities into Annual Report: Staff will incorporate our primary comparator communities into the annual Police Department Report. 5. Review of ATV Use and Laws for Wildridge Roads: Staff will prepare a review of existing laws for Wildridge Road and a review of ATV laws and practices in our peer communities. 6. Adopt Updated Model Traffic Code: Staff will present adoption of the latest version of the Model Traffic Code. MOBILITY 1. Support Regional Transit Optimization Plan Efforts: Staff will continue to support efforts to research enhance regional transportation in 2021. 2. Update and Prepare Avon Parking Management Plan: Staff will update Avon’s Parking Management Plan and will present plans for implementation of paid parking for such time as when Council deems paid parking is appropriate. 3. Research E-Bike and other Regional Bike Share Programs: Staff will research potential E-Bike programs and participation with regional bike share programs. 4. Implement Electric Buses into the Avon Transit Fleet: Staff will oversee the acquisition and establishment of two new electric busses into Avon’s Transit Fleet, including required electrical upgrades and determining appropriate routes and scheduling for use of electric busses. 2021 Department Work Plan Adopted January 26, 2021 Page 9 of 9 5. Federal Transit Authority Triannual Review: Staff will prepare and oversee the triannual review of the Avon Regional Transit Facility. 6. US 6 Pedestrian Crossing Solution: Staff will continue to pursue pedestrian crossing improvements for US Highway 6 between Avon Road and Stonebridge. 7. Create Transit Plan for Village (at Avon): Staff will create a transit plan for the Village (at Avon) that is comparable to the transit service provide in the West Town Center and East Town Center areas. FLEET 1. Develop Plan to Balance Expenses with Revenues by End of 2022: Staff will continue efforts to balance operational revenues with expenses in the Fleet Department and will establish a plan to achieve break-even financial status by the end of 2022 (i.e. for the 2023 budget). 2. Update Vehicle/Equipment Replacement Fund: Staff will work with the Finance Department to update the vehicle and equipment replacement fund to reflect current conditions. 3. Track and Update Vehicle Emissions: Staff will continue to track and update vehicle emissions from Avon’s vehicle fleet. 1 MEMORANDUM To: Honorable Mayor Smith Hymes and Town Councilmembers From: Paul Wisor, Town Attorney Re: Code of Ethics, Ex Parte Contacts and Simplified Rules of Order Date: January 8, 2021 I. Summary The following memorandum provides a broad overview of 1) the Town’s Ethics Code, 2) Councilmembers’ obligations with respect to ex parte contacts and 3) the Avon Town Council Simplified Rules of Order governing Council meetings. No Council action is required, but this memorandum will be discussed at a presentation during the January 12th Council meeting. II. Ethics Code In July 2015, Council revamped the Avon Town Code of Ethics (the “Ethics Code”). In doing so, Council imposed ethical rules that are more specific and more restrictive than the ethical rules that previously governed the Town or are currently in place pursuant to state statute. The purpose of the Ethics Code is to establish guidelines for ethical standards for Councilmembers, staff and appointed members of boards and commissions, and to set forth acts that are incompatible with the best interests of the Town. While the full text of the Ethics Code, attached hereto as Exhibit A, is important, the discussion below highlights the provisions of the Ethics Code most relevant to the day-to-day experience of Councilmembers, namely conflicts of interests and gifts. a. Conflicts of Interest One of the primary concerns addressed in the Ethics Code is conflicts of interest. The Ethics Code addresses current and future conflicts as well as appearances of impropriety. It also sets forth the mechanisms by which such conflicts may be resolved. i. Conflicts of Interest, Generally Precisely defining “conflict of interest” as it applies to municipal decision making is difficult because the existence of a conflict of interest depends in large part on the specific facts of each case. However, the general rule is that a conflict of interest requiring disqualification will be found when an official has a personal, financial, or official stake in the decision evidencing a. Meyerstein v. City of Aspen, 282 P.3d 456, (2011). That interest must be immediate, definite and capable of demonstration; not remote, uncertain or speculative. In short, would a person of “ordinary capacity and intelligence” be influenced by the financial interest? If yes, then the person has a conflict of interest and must not vote on the matter. As noted above, conflicts of interest are highly fact specific, so it is difficult to make direct comparisons between two different situations that may give rise to conflict of interest 2 concerns. However, below are a few examples of where conflicts may, or may not exist.  A councilmember owned an aviation business that was a tenant of the city airport. The councilmember voted to purchase a new tractor for use at the airport and voted to participate in a block grant program for airport expansion. In that case, the state supreme court held that the councilmember did not have a conflict of interest because the councilmember was not himself financially interested, either directly or indirectly, in the contract or the performance of the work. Even though the councilmember could make use of the airport’s facilities, the benefit to the councilmember was no different from the benefits enjoyed by the public at large.  A tenant of a public housing authority was appointed to a two-year term as a commissioner of the same housing authority. There, the state supreme court found the interests of a housing authority commissioner would center on the points at which management policies and functions of the authority come into contact with individual tenants, a conflict of interest existed. The court reasoned the authority of a commissioner could include the selection and retention of tenants, a determination of rents to be charged, the services and other benefits to be furnished, and the enforcement of the rules governing the conduct and rights of the tenants. Therefore, the tenant, as a housing commissioner, would benefit herself by her vote, because her personal interests were always directly or indirectly involved in her vote on the commission.  City commissioners negotiated and approved a settlement of a federal lawsuit against the city. In the settlement they included an arrangement for their own employment with the city. The court found the commissioners had a duty to act in the best interests of the city and to refrain from using their positions as city commissioners for their own personal benefit. The court held the commissioners, in negotiating and approving their own employment with the city, had obtained a personal benefit in violation of state statutes. As these cases demonstrate, a conflict of interest may not exist in some instances where one may think such a conflict would be found. On the other hand, the cases also demonstrate Councilmembers should studiously avoid voting on matters that directly benefit them personally or financially in a way that does not inure to the public at large. ii. Current Conflicts Section 2.30.060(3) of the Ethics Code provides no Councilmember shall perform an “official act which directly and substantially affects to its economic benefit a business or other undertaking in which such Councilmember has a substantial financial interest. A “substantial financial interest” is defined in Section 2.30.050 as 1) an ownership in a business; 2) a creditor interest in a business; 3) an ownership interest in real or personal property; 4) a loan or any other debtor interest; or 5) a directorship or officership in a business. Section 2.30.060(4) prohibits any Councilmember from performing “an official act which directly and substantially affects a business or other undertaking by whom the Councilmember is employed, or by whom such Councilmember is engaged as counsel, consultant, representative or agent.” At a July 2019 Council meeting, Council determined the mere potential of a Councilmember listing of a unit or home that may developed within a 3 project that is the subject of a land use application before Council does not constitute a conflict of interest as defined in the Ethics Code. iii. Future Conflicts In addition to addressing direct and substantial conflicts existing at the time Council votes on a particular matter, the Ethics Code also places a restriction on future activity of Councilmembers by limiting future employment opportunities or sources of compensation. Section 2.30.060(11) prohibits any Councilmember from seeking or obtaining “employment or compensation concerning matters upon which he or she took an Official Act during his or her term of office for six (6) months following expiration or termination of office, if such Official Act occurred less than four years prior to such employment or compensation.” Notwithstanding the foregoing restrictions on future employment and compensation, Section 2.30.060(11) provides any conflict giving rise to the prohibition on future employment or compensation opportunities “may be waived by a majority of the disinterested Town Councilmembers.” It should be noted that in 2020 Town Council voted that the mere possibility of a Councilmember, or a Councilmember’s family member, potentially representing a buyer or seller in a future real estate transaction as a real estate agent does not create a conflict of interest or appearance of impropriety. iv. Appearance of Impropriety The Ethics Code also contains a catchall provision common in many municipal codes throughout Colorado in a variety of iterations that seeks to broadly cover all manner of unethical behavior. Section 2.30.060(8) provides a Councilmember shall not take action “under circumstances which give rise to appearance of impropriety” on the part of the Councilmember. Like “conflicts of interest,” the Ethics Code does not define “appearance of impropriety.” In the local government context, “appearance of impropriety” is generally described actions or decisions which do not qualify as conflict of interest, but reasonably give rise to an implication that an action is self-serving rather than considered solely with respect to its impact on the Town and its citizens. The “appearance of impropriety” provision can be applied quite broadly if one chose to do so. A Town Councilmember may have any number of tangential connections to an issue being considered by Council, particularly in a small community where relationships and activities are consistently interrelated. In evaluating whether the appearance of impropriety exists, Town Councilmembers should focus on whether a reasonable observer would believe the Town Councilmember is acting for their own benefit. Too often, the focus is on the hypothetical outlier who sees nefarious motives behind every action taken by Council. Council should focus on the reasonable person standard, not the outlier who may complain, when determining whether an appearance of impropriety exists. In addition, Section 2.30.070 of the Ethics Code provides a generally applicable exception, 4 but one that is particularly pertinent to issues surrounding appearances of impropriety, that provides a Town Council member may vote on a matter even if there is a conflict of interest of appearance of impropriety if the “officer is similarly situated to other Town residents.” This includes, but is not limited situations where Council adopts general land use regulations, the officer owns property within a special or local improvement district, the officer votes for taxes or bonds, adopting ordinances of general applicability or otherwise acting upon matters involving the common public interest. v. Waiver of Future Conflict While it is rare a Town Councilmember will find themselves in a situation where a matter before Council creates an actual and immediate conflict of interest, Councilmembers rightfully worry about the trickledown effect a particular decision may have on their individual or employer’s economic wellbeing in the future. However, Section 2.30.060(11) of the Code addresses this concern by providing Council may waive any conflict that may arise as a result of any action taken by a Councilmember. The specific time and manner in which this waiver is provided is unclear. That said, there is nothing in the Ethics Code specifically precluding a Councilmember from seeking a waiver at the time action is taken if the Councilmember foresees a potential conflict. vi. Council Acts As Final Arbiter The framework articulated above provides a shield for Councilmembers from accusations that a particular Councilmember is acting in their own self-interest rather than in the interest of the Town. Prior to hearing a particular matter, Section 2.30.080 requires a Councilmember to disclose a conflict of interest. Under the Ethics Code, it is then the obligation of the remaining Councilmembers to determine if a conflict exists. If no conflict exists, the Councilmember with the perceived conflict is required to vote under Section 5.5 of the Charter. As such, an individual Councilmember can never be faulted for participating in a given matter. That decision is the prerogative of fellow Councilmembers and a requirement of the Charter. It is notable that while nothing prohibits Councilmembers from asking the Town Attorney for guidance, the Town Attorney has no official role in the determination of whether a conflict of interest exists. b. Gifts In 2006, the Colorado voters approved a constitutional amendment imposing certain ethical constraints on elected officials and government officials. In 2015, Council, using its home rule authority, adopted its own regulations related to gifts provided to Councilmembers. Pursuant to Section 2.30.170 of the Avon Municipal Code (the “AMC”), Councilmembers must report any gift in excess of fifty dollars ($50.00) to the Town Clerk as well as the estimated value of such gift. A gift is defined as “any present, or offer of future, individual gift, favor, loan, service of thing of value.” Such gifts only need be reported if they were given as a result of a Councilmember’s status as a member of Council. Gifts provided by relatives or personal friends on special occasions need not be reported. 5 To the extent a gift is reported to the Town Clerk, Council must determine whether such gift constitutes a conflict of interest under the AMC. The Councilmember receiving the gift shall not vote on whether a conflict exists. Section 2.30.170(c) specifically provides gifts given without the intent to influence a Councilmember in connection with an official act does not create the appearance of impropriety. III. Ex Parte Contacts As Council is aware, Council may act three different capacities: legislative, administrative or quasi-judicial. In a legislative capacity, Council is often enacting new laws or making decisions that are generally applicable to the public as a whole. In an administrative capacity, Council is engaging in the basic operation of government, such as approving contracts. When acting in a quasi-judicial role, Council is required to make a determination of the rights, duties or obligations of specific individuals on the basis of the application of facts to existing legal standards pursuant to a hearing conducted by Council. Council most often serves in a quasi-judicial capacity with respect to land use matters. In contrast to hearings on legislative or administrative matters, Council is required to operate as a panel of “judges” rather than legislators. In this capacity, Council must base its decision on any particular matter solely on the evidence presented at a public hearing, and, as a general matter, Councilmembers are prohibited from basing their decision on evidence gathered outside the public hearing. This prohibition extends to contacts between the applicant, proponents or opponents of a particular matter and members of the Council outside of publicly scheduled hearings or meetings. These contacts are known as ex parte contacts, and can be verbal, written or electronic. Ex parte contacts can potentially invalidate the decision of Council if not properly addressed. Councilmembers are to remain impartial with respect to quasi-judicial hearings, and ex parte contacts can have the effect of spoiling such impartiality, thus prejudicing the rights of the applicant or the proponent or opponent of a particular application. Ex parte contacts can also create a situation in which a Councilmember bases their decision on details upon which an applicant, proponent or opponent does not have the opportunity to provide their side or the story or otherwise rebut. In addition, ex parte communications are specifically prohibited by Section 2.30.060(9) of the AMC, which prohibits “ex parte communication or contact concerning a matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing.” In the event it is revealed Council conducted a quasi-judicial hearing where ex parte contacts occurred, a losing party could appeal the Council’s decision. While it may be difficult to overturn quasi-judicial decisions in some situations, courts are more likely to vacate a Council decision where Council has failed to provide due process. As such, Council should do its best to avoid ex parte contacts. The best practice for Council is not to initiate any conversation or other contact with respect to a quasi-judicial matter. To the extent someone initiates a contact with a Councilmember, it is a Councilmember’s right and obligation to make clear the conversation or contact immediately needs to end, and the person initiating the contact should either express their comments to 6 Council through participation at a public hearing or through a written comment. In the event an ex parte contact does occur the law in general, and the AMC specifically, allows a Councilmember to cure the ex parte contact by making the contents of the communication or contact a part of the record of any relevant public hearing. Such disclosure must take place at the beginning of the public hearing on the matter. While disclosure of the contents of an ex parte contact is sufficient from the perspective of the AMC, Councilmembers should be mindful of the due process rights afforded those participating in the hearing. As such, the Councilmember disclosing the ex parte contact must be sure to inform the other Councilmembers of all information obtained in the ex parte contact that may be relevant in rendering a decision on the matter. In addition, the Councilmember who engaged in the ex parte contact should participate in the public hearing and vote on the matter only if the Councilmember sincerely believes the ex parte contact did not impair their ability to impartially render a decision on the matter. IV. Simplified Rules of Order In January 2014, Council adopted the Avon Town Council Simplified Rules of Order (the “Simplified Rules”), which Simplified Rules were amended in July 2016. The Simplified Rules were adopted to establish rules and procedures governing Council meetings that are readily accessible and usable by Council and understandable by the public. While the entirety of the Simplified Rules, attached hereto as Exhibit B, should be reviewed in full, this memorandum focuses on rules related to standards of conduct, the Mayor, the agenda and public comment. a. Standards of Conduct In establishing the Simplified Rules, Council sought to provide for open, respectful and informed discussion and debate on matters of public policy while balancing the need for efficiency required for Council to take action on public business. The Simplified Rules provide Councilmembers shall conduct themselves in a mature manner and shall respect one another as well as members of the public. Councilmembers shall refrain from profanity, rude behavior and personal attacks, and shall promptly apologize to both to the Council and the recipient of any such behavior, even if such behavior was temporary. It should be noted Council may not communicate via text or email during Council meetings, and members of Council shall promptly disclose and announce sending or receiving such communications. b. The Mayor The Mayor is tasked with presiding over presiding over every Council meeting. It is the Mayor’s responsibility to moderate Council meetings impartially, and she must attempt to provide other Councilmembers the opportunity to provide their opinion before expressing her own. The Mayor should avoid making a motion or seconding unless it is clear such motion or second is not forthcoming. The Mayor is also tasked with maintaining civility, decorum and order through a Council meeting. 7 In the event the Mayor cannot attend a meeting or has a conflict of interest with respect to a particular matter, the Mayor Pro Tem will fulfill her duties. In the event the Mayor Pro Tem is unable to preside over a meeting for the meeting, Council shall appoint an Acting Mayor. c. Agenda The content of each Council meeting shall be directed by the agenda for such meeting. The Simplified rules provide the Mayor shall determine the conduct of the agenda in consultation with the Town Manager. Council as a whole may, by vote, direct items be included on a current or future agenda. An individual Councilmember may contact the Mayor to request inclusion of a matter on a future agenda, and it is in the Mayor’s discretion, in consultation with the Town Manager, as to whether such matter requested by an individual Councilmember is placed on the agenda. d. Public Comment As Council is aware, public comment is encouraged at all Council meetings. The Simplified Rules provide public comment shall be taken near the beginning of each meeting. Members of the public shall have up to three minutes to provide comments to Council, and members who have comments beyond three minutes are encouraged to schedule time in advance to have a particular item of interest placed on a future agenda. The Mayor may, but is not required to, allow public comment on any agenda item. However, such comments should not impede the efficient conduct of Town business. V. Conclusion The Ethics Code, ex parte contact and the Simplified Rules are all items Council should keep at the forefront of their mind as they act in their capacity as Councilmembers throughout the year. If any Councilmember has concerns or questions with respect to these or any other issues they should feel free to immediately contact the Town Attorney to determine the best course of action. Exhibit A CHAPTER 2.30 - Town Code of Ethics[1] Footnotes: --- (1) --- Editor's note— Ord. No. 15-05 , § 2(Exh.A), adopted July 28, 2015, amended Ch. 2.30 in its entirety to read as herein set out. Former Ch. 2.30, §§ 2.30.010-2.30.170, pertained to similar subject matter, and derived from Ord. 12-01 §2. 2.30.010 - Citation. This Chapter shall be known and may be cited as the "Avon Town Code of Ethics." ( Ord. 15-05 §2(Exh.A) ) 2.30.020 - Declaration of policy. The proper operation of democratic government requires that public officers be independent, impartial and responsible to the people; that government decisions and policy be made within the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all Town Officers is adopted. The purpose of this code is to establish guidelines for ethical standards of conduct for all such officers by setting forth those acts or actions that are incompatible with the best interest of the Town, and by directing disclosure by such officers of private financial or other interests in matters affecting the Town. ( Ord. 15-05 §2(Exh.A) ) 2.30.030 - Finding of local concern. The Town Council finds and determines that the matter of ethical municipal government is a matter of local concern upon which home rule municipalities in Colorado are fully empowered to legislate and to supersede conflicting state statutes. ( Ord. 15-05 §2(Exh.A) ) 2.30.040 - Effect of common law. This Chapter shall supersede and override the common law as to the subject matter of this Chapter. ( Ord. 15-05 §2(Exh.A) ) 2.30.050 - Definitions. As used in this Chapter, unless the context requires otherwise: Business means any corporation, limited liability corporation, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business operated for private profit. Confidential information means all information, whether transmitted orally, electronically or in writing, which is intended to be confidential and which does not constitute a public record under the Colorado Open Records Act set forth in C.R.S. §24-72-200.1 et. seq. including but not limited to attorney-client confidential and privileged communications and information received in an executive sessio n. Council or Town Council means the Town Council of the Town of Avon. Council Member means any member of the Town Council. Officer means any person holding a position by election or appointment in the service of the municipality, whether paid or unpaid, including the members of the Town Council, any other Town board, committee or commission, any employee and any independent contractor. Official act or official action means any vote, decision, recommendation, approval, disapproval or other action, including inaction, which involves the use of discretionary authority. Substantial financial interest means an interest owned or held by an officer which is: a. An ownership interest in a business; b. A creditor interest in a business; c. An ownership interest in real or personal property; d. A loan or any other debtor interest; e. A directorship or officership in a business. An officer shall be presumed to have a substantial financial interest in any of the above-mentioned interests owned, held or controlled by such officer's spouse or dependent children. ( Ord. 15-05 §2(Exh.A) ) 2.30.060 - Conflict of interest. A Town Officer shall not: (1) Disclose or use confidential information acquired in the course of such officer's duties: (a) In order to further a business or other undertaking in which such officer has a substantial financial interest; or, (b) For any use which would be detrimental to the Town. (2) Engage in a substantial financial transaction for his or her private business purposes with a person whom such officer inspects or supervises in the course of his or her official duties. (3) Perform an official act which directly and substantially affects to its economic benefit a business or other undertaking in which such officer has a substantial financial interest. (4) Perform an official act which directly and substantially affects a business or other undertaking by whom the officer is employed, or by whom such officer is engaged as counsel, consultant, representative or agent. (5) Acquire or hold an interest in any business or undertaking which such officer has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the agency over which he or she has substantive authority. (6) Perform an official act directly and substantially affecting to its economic detriment any business or other undertaking when such officer has a substantial financial interest in a competing business or undertaking. (7) Solicit or accept a present or future gift, favor, loan, service or thing of value from a person under circumstances which would lead a reasonably prudent person to believe that such gift, favor, service or thing of value was made or given primarily for the purpose of influencing or attempting to influence such officer in connection with an official act, or as a reward for official action he or she has previously taken. The provisions of this Paragraph shall not apply to those circumstances described in Paragraph 2.30.070(3). (8) Perform any official act under circumstances which give rise to appearance of impropriety on the part of the officer. (9) Make or accept any ex parte communication or contact concerning a matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing. (10) Appear on behalf of any private person, business or entity, other than himself or herself, his or her spouse, or minor children, before the Town Council, any Town Commission or the Municipal Court; or, (11) For members of Town Council, seek or obtain employment or compensation concerning matters upon which he or she took an official act during his or her term of office for six (6) months following expiration or termination of office, if such official act occurred less than four (4) years prior to such employment or compensation, provided that this provision may be waived by a majority of the disinterested Town Council members. ( Ord. 15-05 §2(Exh.A) ) 2.30.070 - Exemptions. The provisions of Section 2.30.060 shall not prohibit an officer from: (1) Accepting or receiving a benefit as an indirect consequence of the performance of an official act. (2) Taking official action when such officer is similarly situated to other Town residents, such as adopting general land use regulations, owning property within a special or local improvement district, voting for taxes or bonds, adopting ordinances of general applicability or otherwise acting upon matters involving the common public interest, except that this exemption shall not apply to interests of Officers of the Avon Urban Renewal Authority in any project or in any property included or planned to be included in any project and the provisions of C.R.S. §31-25- 104(3) shall control. (3) Soliciting or accepting gifts or loans which are: a. Campaign contributions reported as required by law; b. An occasional nonpecuniary gift, insignificant in value; c. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; d. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence or attendance at a convention or other meeting at which such officer is scheduled to participate; e. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the position held by such officer; f. Items of perishable or nonpermanent value, including, but not limited to, meals, lodging, travel expenses or tickets to sporting, recreational, educational, or cultural events; g. Payment for speeches, debates, or other public events, reported as honorariums to the Town Manager; h. A loan at a rate of interest which is not substantially lower than the commercial rate then currently prevalent for similar loans within the Town. (4) Receiving such compensation for his or her services to the Town as may be fixed by ordinance, pay plan, budget or other similar official action. ( Ord. 15-05 §2(Exh.A) ) 2.30.080 - Disclosure of conflict of interest in Town Council action. Any member of the Town Council who believes he or she has a conflict of interest as defined in Section 2.30.060 on any matter proposed or pending before the Town Council shall disclose such potential interest to the Town Council. Any member of the Council who believes that another member of the Council has a conflict of interest shall bring the matter to the attention of the Council prior to Council consideration of the issue involving the alleged conflict. The Council shall determine whether a conflict of interest exists. The Council member who has an alleged conflict of interest shall not vote on the determination of whether a conflict of interest exists. If the Council determines that an actual conflict of interest exists, the Council Member shall not attempt to influence other members of the Town Council in connection with such matter, and, except as provided in Section 2.30.100, the Council Member shall not vote upon such matter. The Council Member shall leave the room during Council's discussion and action on the subject, and shall return only when the Council has taken up the next agenda item. ( Ord. 15-05 §2(Exh.A) ) 2.30.090 - Disclosure of conflict of interest in Planning Commission action. Any member of the Planning Commission who believes he or she has a conflict of interest as defined in Section 2.30.060 on any matter proposed or pending before the Planning Commission shall disclos e such potential interest to the Planning Commission. Any member of the Planning Commission who believes that another member of the Planning Commission has a conflict of interest shall bring the matter to the attention of the Planning Commission prior to Planning Commission consideration of the issue involving the alleged conflict. The Planning Commission shall determine whether a conflict of interes t exists. The Planning Commission member who has an alleged conflict of interest shall not vote on the determination of whether a conflict of interest exists. If the Planning Commission determines that an actual conflict of interest exists, the member of the Planning Commission shall not attempt to influence other members of the Planning Commission in connection with such matter, and, except as provided in Section 2.30.100, the member of the Planning Commission shall not vote upon such matter. The member of the Planning Commission shall leave the room during the Planning Commission's discussion and action on the subject, and shall return only when the Planning Commission has taken up the next agenda item. ( Ord. 15-05 §2(Exh.A) ) 2.30.100 - When Council Member or member of the Planning Commission with conflict of interest may vote. Notwithstanding the provisions of Sections 2.30.080 and 2.30.090, a Council member or member of the Planning Commission may vote upon a matter as to which he or she has a conflict of interest if: (1) His or her participation is necessary to obtain a quorum or to otherwise enable the Council or Planning Commission to act, and (2) He or she complies with the disclosure provisions of Section 2.30.110, and (3) A majority of the Council members or Planning Commission members present at a meeting who do not have a conflict of interest find that the participation of such Council member or Planning Commission member will not be contrary to the public interest and vote to permit such Council member or Planning Commission member to vote despite the conflict of interest. ( Ord. 15-05 §2(Exh.A) ) 2.30.110 - Voluntary Disclosure to Secretary of State. A Town Officer may, prior to acting in a manner which may impinge on his or her fiduciary duty and the public trust, disclose the nature of his or her private interest to the Colorado Secretary of State. Such Town Officer shall make the disclosure in writing to the Colorado Secretary of State, listing the amount of his or her financial interest, if any, the purpose and duration of his or her services rendered, if any, and the compensation received for the services or such other information as is necessary to describe his or her interest. If he or she then performs the official act involved, he or she shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction under this Town Code of Ethics or any other local, state or other code of ethics or standards of conduct. ( Ord. 15-05 §2(Exh.A) ) 2.30.120 - Public contracts. (a) The Town shall not enter into any contract with a Town Officer (including spouse or minor children of the Town Officer) to provide any compensation from the Town for the provision of goods or services and shall not approve any vendor permit or privilege to conduct commercial business on Town property during such officer's term, appointment or employment with the Town; provided that this restriction shall not apply to compensation provided to any Town Officer for performance of official duties for the Town. This section shall not operate to restrict the Town from entering into contracts or approving vendor permits and privileges to an organization which employs a Town Officer if such Town Officer is not an owner or controlling officer of such organization that receives such compensation, permits or privileges and such Town Officer declares a conflict of interest in accordance with Section 2.30.060(3) and does not participate in any Town decision related to such public contract. For the purposes of this section, ownership in an organization shall include any ownership interest that is greater than one percent (1%). (b) The provisions of Subsection (a) above shall not apply to: (1) Investments or deposits in financial institutions which are in the business of loaning or receiving money; or, (2) With respect to which the Town Officer has voted therein in accordance with Section 2.30.100. (3) Contracts with, or compensation provided to, members of advisory commissions, committees and boards if the subject matter of such contract or compensation does not relate to the subject matter or advisory role of the commission, committee or board. (c) It shall be a violation of this Chapter for any Town Officer to enter into a contract with the Town or receive compensation or receive vendor permits or privileges from the Town in violation of this section. (d) Any contract approved by the Town or vendor permit or privilege granted by the Town in violation of this section shall be unenforceable against the Town. (Ord. No. 18-09 §2; Ord. 15-05 §2(Exh.A) ) 2.30.130 - Limitation on subsequent employment. A former Town Officer may not, within six (6) months following the termination of his or her office with the Town, contract with or become employed by an employer who contracts with the Town involving matters with which such officer was directly involved during such officer's term of office with the Town. ( Ord. 15-05 §2(Exh.A) ) 2.30.140 - Enforcement. (a) The Town Council shall have the primary responsibility for the enforcement of this Chapter. It shall have the power to investigate any complaint, to initiate any suit and to prosecute any criminal or civil action on behalf of the Town wherein it believes such action is appropriate. (b) The Town Council may direct the Town Attorney to investigate or prosecute any apparent violation of this Chapter or the Council may employ or appoint any qualified attorney to investigate or prosecute any violation or series of violations by one (1) or more persons of this Chapter. In the event the alleged conflict of interest involves a Council Member (or multiple Council Members), the Council Member(s) who has an alleged conflict of interest shall not vote upon whether to investigate or prosecute the alleged conflict of interest. (c) Any person who believes that a violation of any portion of this Chapter has occurred may file a complaint with the Town Council, which shall promptly investigate such complaint and take such action thereon as the Council shall deem to be appropriate. (d) The district attorney of the district where the trust is violated may bring appropriate judicial proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the gen- eral fund of the Avon Town government. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such Town Officer. ( Ord. 15-05 §2(Exh.A) ) 2.30.150 - Penalties and remedies. (a) It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of this Chapter. Any person who violates any provisions of this Chapter shall be punished in accordance with the provisions of Section 1.08.010 of this Code. Additionally, upon conviction such person shall be liable to the Town for such damages as may have been suffered or incurred as a result of such violation. (b) Upon conviction for any violation of this Chapter such Officer shall immediately forfeit his or her office or position. Nothing in this Chapter shall be construed to prohibit such public officer from being reelected, reappointed or otherwise rehired to any position forfeited under the provisions of this Chapter. (c) Any court of competent jurisdiction called upon to enforce the provisions of this Chapter may, with the consent of the Town Council, exempt from the provisions of this Chapter any conduct of a Town Officer upon the finding that the enforcement of this Chapter with respect to such officer's conduct would not be in the public interest. ( Ord. 15-05 §2(Exh.A) ) 2.30.160 - Distribution of code of ethics. The Town Clerk shall cause a copy of the Avon Town Code of Ethics to be distributed to every officer of the Town within thirty (30) days after enactment of the ordinance adopting this Chapter. Each Town Officer elected, appointed, or engaged thereafter shall be furnished a copy before entering upon the duties of his or her office. ( Ord. 15-05 §2(Exh.A) ) 2.30.170 - Gift reporting. (a) In accordance with Section 7, Article XXIX of the Colorado Constitution, the requirements of Article XXIX of the Colorado Constitution shall not apply to the Town of Avon. It is the intention and purpose that this Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon shall completely address all matters set forth in Article XXIX of the Colorado Constitution. (b) Any Town Officer who receives any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of fifty dollars ($50.00) and such gift is offered due to such person's status as a Town Officer then such officer shall report such gift and the estimated value to the Town Clerk. The Town Clerk shall promptly disclose gifts received, or offer of future gifts, to the Town Council. The failure of a Town Officer to report a gift to the Town Clerk shall constitute a violation of this Chapter. (c) Council shall determine if gifts received or offered in the future constitute a conflict of interest in accordance with this Chapter. Council members who are the recipient or intended recipient of a gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered to Council as a whole or offered to Town generally. (d) Gifts which are given by an individual who is a relative or personal friend of the recipient on special occasions shall not be deemed a conflict of interest. Gifts which are given without the purpose or intent to influence a Town Officer in connection with an official act or as a reward for an official act performed and gifts which do not create the appearance of impropriety shall not be a conflict of interest. (e) Gifts which are received which are determined by Council to be a conflict of interest shall be returned. The receipt of a gift or the failure to return a gift or reimburse the equivalent value when Council determines such gift is a conflict of interest shall constitute a violation of this Chapter. ( Ord. 15-05 §2(Exh.A) ) Exhibit B Adopted January 28, 2014 by Resolution No. 14-‐‑03 Amended and Re-‐‑Adopted on July 26, 2016 by Resolution No. 16-‐‑20 Page 1 of 4 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 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. Adopted January 28, 2014 by Resolution No. 14-‐‑03 Amended and Re-‐‑Adopted on July 26, 2016 by Resolution No. 16-‐‑20 Page 2 of 4 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 deems 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. 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 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 Adopted January 28, 2014 by Resolution No. 14-‐‑03 Amended and Re-‐‑Adopted on July 26, 2016 by Resolution No. 16-‐‑20 Page 3 of 4 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. V. Meeting Conduct 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. VI. 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 Adopted January 28, 2014 by Resolution No. 14-‐‑03 Amended and Re-‐‑Adopted on July 26, 2016 by Resolution No. 16-‐‑20 Page 4 of 4 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 may permit public comments during any agenda item provided that such invitation does not hinder the ability of Council to conduct official Town business in an efficient manner. For matters which may involve substantial public comment by numerous members of the public, the Mayor or Council may propose limiting public comment to no less than 3 minutes per individual, which limitation on public comment must be approved by a majority of the quorum present. VII. 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. 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. VIII. 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. 970-300-4373 pwisor@garfieldhecht.com ATO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney RE: Ordinance 21-01 DATE: January 8, 2021 SUMMARY: The Town of Avon entered into a 20 year Franchise Agreement with Holy Cross which will expire next month. Avon Town staff has pursued negotiations with Holy Cross for the last several months. The majority of terms of the Franchise Agreement follow a common form adopted by Holy Cross and the vast majority of communities in Colorado. The Franchise Agreement provides Holy Cross with a non-exclusive right, privilege and authority to locate, build, install, construct, acquire, purchase, extend, maintain, repair and operate into, within and through all of the Town, all necessary and convenient facilities for the purchase, generation, transmission, and distribution of electrical energy. Such grant is made together with the non -exclusive right and privilege to furnish, sell, and distribute said electrical energy to the residen ts of the Town for light, heat, power and other purposes. Holy Cross is further granted the non-exclusive right, privilege and authority to excavate in, occupy and use any and all streets. Any such excavation, occupation and use must be in accordance with Town standards and regulations, and will be undertaken under the supervision of the properly constituted authority of the Town for the purpose of bringing electrical energy into, within and through the Town and supp lying electrical energy to the Town’s residents. In consideration for the grant of the franchise, Holy Cross will pay to the Town a sum equal to three percent (3%) of its gross revenues collected from the sale or delivery of electricity within the Town. The Town may revise the franchise fee to a different percentage of gross revenue prior to October 1 of the even numbered years during the term of the franchise with notice to Holy Cross. In addition, Holy Cross will continue to make contributions to the Community Enhancement Fund established pursuant to the existing Franchise Agreement. Holy Cross will make annual payments to the fund equal to one percent (1%) of its prior year's gross revenues . Money in the Community Enhancement Fund may be used for the following purposes: • Beautification projects; • Energy conservation projects; • Equipment and technology upgrades for schools; • Scholarship funds; • Acquisition of open space and/or park land and development; • Sponsorship of special community events; • Undergrounding of overhead electric and other utilities; • Distributed energy resource projects. • Electric vehicle charging infrastructure. • Participation in the Renewable Energy Purchase Program. Community Enhancement Fund dollars may also be used for other purposes with the written consent of Holy Cross. 970-300-4373 pwisor@garfieldhecht.com In the summer of 2020, some work was done by Holy Cross in the West Avon Preserve that resulted in the degradation and destruction of trails and vegetation. While the work was conducted in Holy Cross’ easement, the Town was not made aware of the work. The franchise agreement makes clear that Holy Cross must not only procure any necessary permits prior to undertaking work on Town-owned land, but Holy Cross must also notify the Town Manager before commencing such work. Any disturbance to public or private improvements must be restored by Holy Cross at their own expense. As with most Holy Cross franchises, the grant of the franchise runs twenty (20) years, and will terminate on February 24, 2041. FINANCIAL CONSIDERATIONS: Ordinance 20-01 creates no cost to the Town. RECOMMENDATION: Staff recommends adoption of Ordinance 21-01. PROPOSED MOTION: “I move to approve on First Reading Ordinance 21-01, granting a franchise to Holy Cross Energy for distribution of electrical energy to the residents of the Town of Avon for light, heath, power and other purposes, and setting a public hearing for second reading for January 26, 2021.” Thank you, Paul Wisor ATTACHMENTS: A: Ordinance 21-01 Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 1 of 19 ORDINANCE NO. 21-01 GRANTING A FRANCHISE TO HOLY CROSS ENERGY FOR DISTRIBUTION OF ELECTRICAL ENERGY TO THE RESIDENTS OF THE TOWN OF AVON FOR LIGHT, HEAT, POWER, AND OTHER PURPOSES, AND FIXING THE TERMS AND CONDITIONS THEREOF WHEREAS, the Town of Avon (“Town”) is a Colorado home rule municipality; and WHEREAS, pursuant to Section 17.6 of the Town’s Home Rule Charter and C.R.S. § 31-32- 101, the Town Council shall establish by ordinance the terms, fees, compensation, conditions and any other matters related to the granting of franchises; and WHEREAS, Section 6.5 of the Charter and C.R.S. §§ 31-32-101, et seq. set forth the procedures for reviewing and granting franchises; and WHEREAS, the Town has previously granted a franchise to Holy Cross Energy (“Holy Cross”) for the non-exclusive right, privilege and authority to locate, install, maintain, repair, and operate within and throughout the Town all necessary and convenient facilities for the purchase, generation, transmission, and distribution of electrical energy; and WHEREAS, Town Council desires to enter into a new franchise with Holy Cross for distribution of electrical energy within the Town and finds that doing so will promote the health, safety and general welfare of the Avon community; and WHEREAS, pursuant to C.R.S. §§ 31-32-101, et seq., Holy Cross is responsible for all required statutory notices regarding the granting of franchises, and the Town Council finds that all said notice requirements have been met; and WHEREAS, this Ordinance was considered at duly-noticed public hearings held on January 12, 2021, and January 26, 2021; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: ATTACHMENT A Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 2 of 19 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. Approval of Franchise. A franchise is hereby granted to Holy Cross Energy on the terms and conditions as hereinafter set forth: HOLY CROSS ENERGY FRANCHISE 1. Title. This Agreement shall be known and may be cited as the “Holy Cross Energy Franchise.” 2. Definitions a. “Town” is the Town of Avon, Eagle County, Colorado, the home rule municipal corporation as is now constituted or as the same may be enlarged or expanded from time to time through annexation. b. “Company” refers to Holy Cross Energy, a Colorado Corporation, its successors and assigns. c. “Council” refers to the legislative body of the Town, known as the Town Council of the Town of Avon, Colorado. d. “Facilities” refers to all overhead and underground electric facilities, buildings, and structures necessary to provide electricity into, within and through the Town including, but not limited to, such essential apparatus, appliances, plants, systems, substations, works, transmission and distribution lines and structures, anchors, cabinets, cables, conduits, guy posts and guy wires, meters, microwave and communication facilities, overhead and underground lines, pedestals, poles, regulators, sectionalizers, switchgears, transformers, various pad mounted equipment, vaults, wire, and all other related electrical equipment required for the distribution, generation, maintenance, operation, purchase, and transmission of electrical energy. e. “Public Easements” refers to the easements created and available for use by any public utility for its Facilities. f. “Private Easements” refers to the easements created and available only for use by the Company for its Facilities, or by the Company and other selected users or utilities. g. “Residents” refers to and includes all persons, businesses, industry, governmental agencies, and any other entity whatsoever, presently maintaining a residence, business, farm, ranch or other enterprise located within, in whole or in part, the Town. Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 3 of 19 h. Revenues” unless otherwise specified, refers to and are the gross amounts of money that the Company receives from its customers within the Town from the sale of electrical energy for any particular period of time. i. “Streets and other Public Ways” refers to streets, alleys, viaducts, bridges, roads, lanes and other Public Ways in the Town, subject to limitations stated herein. 3. Grant of Franchise. a. Grant of Right to Serve. Subject to the conditions, terms and provisions contained in this Franchise, the Town hereby grants to the Company a non- exclusive right, privilege and authority to locate, build, install, construct, acquire, purchase, extend, maintain, repair and operate into, within and through all of the Town, all necessary and convenient facilities for the purchase, generation, transmission, and distribution of electrical energy. Such grant is made together with the non-exclusive right and privilege to furnish, sell, and distribute said electrical energy to the residents of the Town for light, heat, power and other purposes. b. Scope of Grant. Such grant includes the non-exclusive right and the obligation to furnish electrical energy using the Company’s Facilities or otherwise, on, over, under, along, across and through any and all Streets, and on, over, under, along, across and through any extension, connection with, or continuation of the same and on, over, under, along, across and through all such new Streets as may be hereafter laid out, opened, located, or constructed within the Town. The Company is further granted the non-exclusive right, privilege and authority to excavate in, occupy and use any and all Streets. Any such excavation, occupation and use must be in accordance with Town standards and regulations, and will be undertaken under the supervision of the properly constituted authority of the Town for the purpose of bringing electrical energy into, within and through the Town and supplying electrical energy to the Residents. c. Service to Town Facilities. The Town hereby grants to the Company the non-exclusive right, privilege, and authority to provide street and security lighting to the Town, and to serve all Town owned or operated structures, plants, equipment, or Town apparatus and facilities, including the right, privilege, and authority to furnish, sell and distribute electrical energy necessary for such. d. Underground Policy of the Town. Except for the maintenance, relocation and repair of the Company’s existing overhead Facilities, the Company shall at all times recognize the Towns preference, and mandated policies, including the Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 4 of 19 provisions set forth in the Code, that utilities be located underground. Transformers, switchgears, and other similar equipment associated with underground construction, must, by necessity, be located above ground. The Company’s recognition of such preference and mandated policies shall at all times be subject to Section No. 13 Undergrounding. e. Duration of Franchise. This Franchise shall commence at 12:00 o’clock a.m. on February 25, 2021 and the terms, conditions and covenants hereof shall remain in full force and effect until its termination at 11:59 o’clock p.m. on February 24, 2041. 4. Specific Elements of Grant. a. Recreational Areas. The Company shall not have the right to locate, build or construct Facilities under, across or through public parks or recreational areas, open space or other Town owned property located within the Town except as expressly set forth in this Franchise or with prior written approval granted by the Town’s Council. This Ordinance shall never be construed to limit the Company’s rights of eminent domain as provided by law. b. Trees and Shrubs. The Company shall have the right to control the growth of trees and shrubs as may be reasonably necessary to protect its Facilities. The Company may use machinery or other lawful methods to control such growth, but shall not use chemicals for such purpose. Annually, on a date mutually agreed to by both parties, representatives of each party shall meet and/or consult to discuss problems related to the means and methods of controlling such growth. Prior to cutting down or removing any tree, the Company shall consult with the Town Manager or her/his designee for the purpose of determining whether such cutting or removal is the only reasonable and cost effective means of protecting the Company’s Facilities. c. Location of Company’s Facilities. Wherever reasonable and practicable, the Company will endeavor to install its Facilities within Public Easements and Right of Way. The Company shall locate its Facilities within the Town so as to cause minimum interference with any of the Towns property and facilities, including the proper use of Streets, and so as to cause minimum interference with the rights of reasonable convenience of property owners whose property adjoins any of the said Streets and other Public Ways. d. Restoration of Public and Private Improvements. Should it become necessary for the Company, in exercising its rights and performing its duties hereunder, to interfere with any sidewalk, graveled or paved street, road, alley, waterline, sewer line, storm drain, or any other public or private improvement, the Company shall at its own expense and in a quality workmanlike manner, repair or cause to be repaired and restore to its original condition such Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 5 of 19 sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or other public or private improvement after the installation of its Facilities, provided, however, that upon failure of the Company to do such required repairs within a reasonable time and in a workmanlike manner, the Town may perform the required work and charge the Company for all responsible costs thereof, including administrative fees and costs. e. Use of Facilities. The Company shall have the right to make such use of its Facilities and other property owned by the Company, for uses other than the uses contemplated in the Franchise, as it deems proper so long as such other uses do not interfere with its ability to supply electrical energy. f. Changed Conditions – Overhead. If at any time it shall be necessary to change the position of any overhead electrical Facilities of the Company to permit the Town to lay, make or change Street grades, pavements or other Town Works, such changes shall be made by the Company at its own expense, after reasonable notice from the Town. This provision shall not apply to any changes that result from new development within the Town. The costs associated with changing overhead electrical facilities to accommodate such new development shall be borne by the developer, the Town or some other party, but not the Company. g. Compliance with Town Requirements. The Company shall comply with all Town requirements regarding curb and pavement cuts, excavating, digging and related construction, maintenance and operational activities except as otherwise provided for in this Franchise Agreement. h. Town Review of Construction and Design. Prior to construction of any significant Facilities within the Town, the Company shall furnish to the Town the plans for such proposed construction. In addition, the Company shall assess and report on the impact of its proposed construction on the Town environment. Such plans and reports may be reviewed by the Town to ascertain, inter alia, i. That all applicable laws including building and zoning codes and air and water pollution regulations are complied with; ii. That aesthetic and good planning principles have been given due consideration to visual impacts; and iii. That adverse impact on the environment has been minimized. i. Capital Improvement Projects. The Company and the Town shall inform one another of any capital improvement projects anticipated within the Town that may impact the Facilities or operations of either party. The party proposing Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 6 of 19 such capital improvements shall inform the other party of the nature of such improvements within a reasonable time after plans for such improvements have been substantially formulated. Each party shall cooperate in the timely exchange of all necessary information, design data, drawings, and reports to properly assess and evaluate the potential impacts of said improvements. j. Maintenance of Facilities. The Company shall install, maintain, repair, replace, and upgrade its Facilities to insure both the adequacy of, and quality of, electric service to the Town and all Residents. All excavation and construction work done by or under the authority of the Company shall be done in a timely and expeditious manner which minimizes the inconvenience to the Town and all Residents. Notification of all work to be performed on Town property, to include open space and parks, must be given to the Town, to include the full possible impact on Town property, prior to the install, maintain, repair, replace, and upgrade its Facilities. k. Town not Required to Advance Funds. Upon receipt from the Town of an authorization to proceed, and a promise to pay for construction, the Company shall extend its Facilities to the Town for municipal uses therein or for any municipal facility outside the Town and within the Company’s certificated service area, without requiring the Town to advance funds prior to construction. l. Scheduled Interruptions. The Company shall, whenever possible, give notice, either oral or written, to the Town and its affected Residents, of planned service interruptions of significant duration. m. Cooperation with other Utilities. When undertaking a project of undergrounding, the Town and the Company shall work with other utilities or companies to attempt to have all lines undergrounded as part of the same project. The Company shall not be required to pay the costs of any other utility in connection with work under this section. 5. Rates, Regulations, Uniformity of Service, and Upgrades. a. Furnishing Electrical Energy. The Company shall furnish electrical energy within the Town, and to the Residents thereof at the Company’s applicable and effective rates and under the terms and conditions set forth in the Rate Schedules, Standards for Service, Rules and Regulations, and Service Connection and Extension Policies, adopted by and on file with the Company, subject only to regulations thereof as is provided by law. The Company shall not, as to rates, charges, service, Facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any Resident, provided that nothing in this grant shall be taken to prohibit the establishment from time to time of a graduated scale of charges and classified Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 7 of 19 rate schedules to which any customer coming within an established classification would be entitled. b. Facility Upgrades. The Company will, from time to time, during the term of this Franchise make such improvements, enlargements and extensions of its Facilities incorporating, when reasonable and practical, technological advances within the industry as the business of the Company and the growth of the Town justify, in accordance with its Standards of Service, Rules and Regulations, and Service Connection and Extension Policies for electric service concurrently in effect and on file with the Company, subject only to regulations thereof as is provided by law. c. Reliable Supply of Electricity. The Company shall take all reasonable and necessary steps to provide an adequate supply of electricity to its customers at the lowest reasonable cost consistent with long-term reliable supplies. If the supply of electricity to its customers should be interrupted, the Company shall take all necessary and reasonable actions to restore such supply within the shortest practicable time. In the event of the Company’s electric system, or any part thereof, is partially or wholly destroyed or incapacitated, the Company shall use due diligence to restore its system to satisfy service within the shortest practical time. d. Maps and Regulations. The Company shall present copies of its Standards for Service, Service Connection and Extension Policies, Rules and Regulations, and maps of its Facilities within the Town to the Town Clerk. All changes in such maps, Standards for Service, Rules and Regulations, and policies, shall be submitted to the Town as the same way from time to time to occur. Such documents need not be a published version, but may be in the form of electronic media, such as GIS files. e. Development Review. The Company shall analyze any subdivisions plats or planned unit development plans submitted to it by the Town and respond to any request by the Town for information regarding the adequacy of its Facilities necessary to serve such proposed plat or plan and answer any other questions posed to the Company by the Town regarding said plat or plan as are within the knowledge of the Company. The Company shall respond to said requests or questions within reasonable time limits set by the Towns Subdivision Regulations. f. Interrelationship of Laws, Rates, Regulations and Ordinances. The Company shall comply with all County, State or Federal laws, and Rules and Regulations related to the subject matter hereof. The Company also agrees to abide by all Ordinances and Resolutions of the Town, unless and except to the extent that this Franchise shall relieve the Company of the obligation to comply with the terms and conditions of such other ordinances or any Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 8 of 19 provisions hereof. The Company, from time to time, may promulgate such rules, regulations, terms and conditions governing the conduct of its business, including the use of electrical energy and the payment therefor, and the interference with, or alteration of, any of the Company’s property upon the premise of its customers as shall be necessary to provide safe, continuous and uninterrupted service to each and all of such customers and the proper measurement thereof and payment therefor. Any such rules, regulations, terms and conditions must not be inconsistent with this Franchise, but no ordinance of the Town may regulate the Company’s rates or charges for the furnishing of electrical energy, or shall lessen the safety of providing such energy to its customer, nor shall any ordinance alter the manner in which service is extended to such customers. 6. Use of Poles by Town. The Town shall have the right, without costs, to jointly use all poles and suitable overhead structures within the Town for the purpose of stringing wires thereon for any reasonable Town authorized use; which use shall not include the distribution or transmission of electricity, provided, however, that the Company Shall assume no liability, nor shall it be out any additional expense, in connection therewith, and said use shall not interfere in any unreasonable manner with the Company’s use of same, or the use thereof by the Company’s permittees, licensees, or other existing users of such Facilities. The Company Agrees to permit Town licensees, permittees and franchises, except those holding an electric utility franchise or license from the Town, to use its Facilities upon reasonable terms and conditions to be contractually agreed upon with the Company, in writing. 7. Joint use of Trenches. If the Company installs new electric underground conduit or opens a trench or replaces such conduit, the Company shall provide adequate advance notice to permit additional installation of similar facilities in the same trench by the Town, or installation of other types of municipal facilities, subject to the applicable rules and regulations. If the Town elects to use the trench it will so notify the Company. The Town shall provide the materials at no expense to the Company. The Town shall reimburse to the Company only those monies paid by the Company to an independent contractor for labor costs to install Town furnished materials by such independent contractor. The Company shall include copies of invoices from the independent contractor to substantiate the Company’s request for reimbursement. If the installation of Town furnished materials is performed solely by the Company’s employees, there will be no labor charge to the Town. Such action by the Town shall not unnecessarily interfere with the Company’s Facilities or delay the accomplishment of the project. The Company shall be responsible for ensuring that required vertical and horizontal separations between its facilities and that of the Company’s is strictly maintained. The Town and Company shall jointly hold each other harmless from any liability or damage resulting from their respective utilities being installed in a joint trench. 8. Indemnification and Police Power. Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 9 of 19 a. Town Held Harmless. The Company shall Indemnify, defend and save the Town, its officials, employees and agents, harmless from and against all liability or damage and all claims or demands whatsoever in nature arising out of the Company within the Town pursuant to this Franchise, and the securing of, and the exercise by the Company of, the Franchise rights granted in this ordinance and shall pay all reasonable expenses arising therefrom. The Town shall provide prompt written notice to the Company of the pendency of any claim or action against the Town arising out of the exercise by the Company of its Franchise rights. The Company will be permitted, at its own expense, to appear and defend or to assist in defense of such claim. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold the Town harmless to the extent of any claim, demand, or lien arising out of, or in connection with, any negligent act or failure to act by the Town or any of its officials, employees, or agents unless the Company shall become obligated to indemnify, defend or hold the Town harmless by virtue of the comparative negligence laws of Colorado. b. Police Power Reserved. The right is hereby reserved to the Town to adopt from time to time, in addition to the provisions herein contained, such ordinances as may be deemed necessary in its exercise of its police power, provided that such regulations shall be reasonable and not destructive of the rights herein granted, and not in conflict with the laws of the state of Colorado, or with orders of other authorities having jurisdiction in the premises. 9. Franchise Fee. a. Franchise Fee. In consideration for the grant of this Franchise, the Company shall pay to the Town a sum equal to three percent (3%) of its gross revenues collected from the sale or delivery of electricity within the Town. Electric revenues received from service to the Town facilities will be assessed a 3% fee under this section nor will the Town be paid the 3% fee from such revenues collected from Town facilities. To the extent required by law, the three percent (3%) shall be surcharged to the residents within the Town. This surcharge is in addition to any charges specified in the Company’s Tariffs and any applicable taxes. b. Change of Franchise Fee – Town initiated, the Town expressly reserves the right to notify the Company of a revision to the Franchise Fee to a different percentage of gross revenue prior to October 1 of the even numbered years during the term of the Franchise. The revised Franchise Fee shall become effective on the next billing cycle of the Company commencing on or after January I of the year following the year in which the notification was given by the Town. Provided, however, that the maximum amount of the Franchise Fee shall be (5%) of the revenues collected within the Town. Notification to Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 10 of 19 the consumer shall be given by the Town no less than thirty (30) days prior to January 1, the affective date of the scheduled increase. c. Payment. Payment of the Franchise Fee shall be made by the Company to the Town on or before thirty (30) days after the end of each quarter of each calendar year for the preceding three (3) month period, but shall be adjusted for the portions of the calendar quarters at the beginning and at the end of this Franchise. All payments shall be made to the Town Clerk. d. Revenue Audit. For the purpose of ascertaining or auditing the correct amount to be paid under the provisions of this Article, the Company shall file with the Town Manager, or such other official as shall be designated by the Town from time to time, a statement, in such reasonable form as the Town may require, showing the total gross receipts received by the Company from the sale of electricity to Residents within the Town for the preceding three (3) month period. The Town Manager or any official appointed by the Town Council shall have access to the books of said Company for the purpose of confirming the gross revenues received from operations within the Town. e. Correction of Underpayment/Overpayment. Should either the Company or Town discover either an underpayment or overpayment of the Franchise Fee, the party making such discovery shall inform the other party within a reasonable time. If the error is substantiated as an underpayment, the Company shall make payment of the deficiency within thirty (30) days of the date the error was substantiated. If the error is substantiated as an overpayment, a credit equal to the overpayment will be applied to the next Franchise payment due the Town. f. Occupation Tax Alternative. In the event the said Franchise Fee levied herein should be declared invalid and/or shall be set aside by a Court of competent jurisdiction, then, and in such event, and in lieu thereof, the Town may thereafter levy an occupation tax upon the Company, not to exceed in any one calendar year five (5%) of the gross revenue collected from the sale of electricity within the Town for that calendar year. Such occupation tax shall be adjusted for any Franchise Fees previously paid to the Town in such calendar year. In event the Town shall enact an occupation tax, in lieu of the Franchise Fee, all of the remaining terms, conditions and provisions of this ordinance shall remain in full force and effect for the period stated herein. Such occupation tax ordinance or enactment shall be designed to meet all legal requirements to ensure that it is not construed as an income tax. g. Franchise Fee Payment in Lieu of Other Fees. The Franchise Fee paid by the Company is accepted by the Town in lieu of any occupation tax, Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 11 of 19 license tax, or similar tax on the privilege of doing business or in connection with the physical operation thereof, but does not exempt the Company from any lawful taxation upon its property or any other tax not related to the Franchise or the physical operation thereof and does not exempt the Company from payment of head taxes or other fees or taxes assessed generally upon business. h. Payment of Expenses Incurred by Town in Relation to Ordinance. At the Town’s option, the Company shall pay in advance or reimburse the Town for expenses incurred in publication of notices and ordinances and for photocopying of documents arising out of the negotiations or process of obtaining this Franchise. i. Termination of Franchise. If this Franchise is terminated by either the Company or the Town for whatever reason, or is declared null and void, all Franchise Fees or occupation taxes levied herein shall be suspended as of the date the Franchise is legally terminated. Final payment of any Franchise Fee or occupation tax owed and due the Town shall be made on or before thirty (30) days after the date the Franchise is legally terminated. 10. Reports. a. Reports. The Company shall submit reasonable and necessary reports containing, or based upon, information readily obtainable from the Company’s books and records as the Town may request with respect to the operations of the Company under this Franchise, and shall, if requested, provide the Town with a list of real property within the Town Boundaries which is owned by the Company. Such documents need not be a published version, but may be in the form of electronic media. b. Copies of Tariffs. The Company shall furnish the Town with copies of any tariffs currently in use. Such documents need not be a published version, but may be in the form of electronic media. 11. Administration a. Amendments. At any time during the term of this Franchise, the Town through the Town Council, or the Company, may propose amendments to this Franchise by giving thirty (30) days written notice to the other party of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, shall within a reasonable time, negotiate in good faith in an effort to agree upon a mutually satisfactory amendment(s). No amendment(s) to this Franchise shall be effective until mutually agreed upon in writing by the Town and the Company and until all public notice requirements pursuant to Colorado statutes, and Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 12 of 19 ordinance requirements of the Town, have been met. This section shall not apply to Franchise Fee changes under Section no. 8. b. Revocation of Privileges by Condemnation. In the event, at any time during the term of this Franchise, the Town shall condemn any of the Facilities of the Company within the Town, and thereby revoke all or any part of the privilege and authority herein granted to the Company to serve the Residents within the Town, then and in such event the Town shall pay to the Company just compensation as provided by the laws of the State of Colorado for such rights and facilities by reason of such condemnation. c. Compliance Impaired. Both the Company and the Town recognize there may be circumstances whereby compliance with the provisions of this Franchise is impossible or is delayed because of circumstances beyond the Company's or Town's control. In those instances, the Company or Town shall use its best efforts to comply in a timely manner and to the extent possible. d. Company's Failure to Perform. It is agreed that in case of the failure of the Company to perform and carry out any of the stipulations, terms, conditions, and agreements herein set forth in any substantial particular, wherein such failure is within the Company's control and with respect to which redress is not otherwise herein provided, the Town, acting through the Town Council, may, after hearing, determine such substantial failure; and, thereupon, after notice given the Company of such failure, the Company may have a reasonable time, not less than ninety (90) days, unless otherwise agreed by the parties, in which to remedy the conditions respecting which such notice shall have been given. After the expiration of such time and the failure to correct such conditions, the Town Council shall determine whether any or all rights and privileges granted the Company under this ordinance shall be forfeited and may declare this Franchise null and void. e. Ownership of Facilities. All Facilities used or placed by the Company within the Town shall be and remain the property of the Company. f. Transfer of Rights. The Company shall not transfer or assign any rights under this Franchise to a third party, excepting only corporate reorganizations of the Company not including a third party, unless the Town shall approve in writing such transfer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld. g. Removal of Facilities. Upon the expiration of this Franchise, if thereafter the Company Facilities shall not be used for electric or fiber purposes for a period of twelve (12) successive months, the Town shall have the ·option Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 13 of 19 of having the Company remove such Facilities or claim such Facilities as its own. If the Town should require the Company to remove its Facilities such removal shall only apply to those Facilities that are above ground and have a visual impact on the surrounding area. If the Town elects to have the Company remove the Facilities, it shall give written notice to the Company within thirty (30) days after expiration of the twelve (12) month period above described directing it to remove such Facilities, and the Company shall remove the same no later than ninety (90) days after the date of such notice, unless the Company and the Town agree to a longer period within which removal shall occur. Any Facilities, either underground or overhead, remaining after the twelve (12) month, thirty (30) day, and ninety (90) day periods above described, that have not been expressly claimed by the Town or removed by the Company, shall be deemed to have been abandoned. Any cost incurred by the Town in removing abandoned Facilities, and any liability associated with Facilities abandoned by the Company shall be the liability of the Company. For any Facilities claimed by the Town, any liability associated with such Facilities shall become the liability of the Town. h. Non-renewal of Franchise; Alternative Electric Service. If this Franchise is not renewed, or if it is declared null and void, or the Company terminates any service provided for herein for any reason, and the Town has not provided for alternative electric service to the Residents within the Town, the Company shall not remove its facilities and shall be obligated to continue electric service to the Residents until alternative electric service is provided. The Company will not withhold any temporary services necessary to protect the public. 12. Community Enhancement Fund. a. Purpose. The Company is committed to programs designed to make a difference in people's lives and the communities in which they reside. The Company will voluntarily make monetary resources available to the Town for such programs and/or activities. Programs for which such funds shall be spent shall be limited to: i. Beautification projects; ii. Energy conservation projects; iii. Equipment and technology upgrades for schools; iv. Scholarship funds; v. Acquisition of open space and/or park land and development thereof; Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 14 of 19 vi. Sponsorship of special community events; vii. Undergrounding of overhead electric and other utilities; viii. Distributed energy resource projects. viiii. Electric vehicle charging infrastructure. x. Participation in the Renewable Energy Purchase Program. Funds made available under this Section may be spent for other purposes only with the express written consent of the Company. This program has been initiated solely by the Company; the Town has not made the program a requirement for this Franchise. Funding for this program is not a cost of doing business, but is a voluntary contribution by the Company. • Payments to the Fund. The Company will establish an initial fund amount of $2,000.00. The Company shall then make annual payments to the fund equal to one percent (1%) of its prior year's gross revenues, prorated for the portions of the months at the beginning and end of the term of this Franchise, collected from the sale of electricity within the Town Boundaries, or $2,000.00, whichever amount is greater. Said payments shall be made into the fund no later than February 15th of the year subsequent to the year in which the gross revenues are received by the Company. b. The Fund. The Fund established by the Company shall be maintained in a bank account in the name of the Town, but shall be maintained separately from all other funds and accounts held by the Town. c. Payments from the Fund. All payments from the fund shall be for projects described in Section 12 a. hereof. Prior to any such expenditure, authorization to withdraw from the fund shall be given by Resolution or Ordinance duly enacted by the Town Council, and such resolution shall clearly describe the nature and purpose of the project for which the expenditure is made. Prior to any expenditure, the Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing, prior to such expenditure, the Company shall have waived its right to object in the future if the funds are expended for the use identified in the notice. d. Audits. The Town may audit the Company's books related to gross revenues collected within the Town at any reasonable time and with reasonable prior notice. The Company may audit the fund account, expenditures from the Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 15 of 19 fund, and resolutions and ordinances authorizing such expenditures at any reasonable time and with reasonable prior notice. e. Forfeiture of Enhancement Funds. The Company shall have the express right to temporarily suspend or terminate in full its annual contributions to the Enhancement Fund if it is determined that Funds allocated and paid to the Town are being, or have been, misappropriated, administered with bias or discrimination, or for other inappropriate actions. f. Advances of Funds. The Company shall consider advances of funds, subject to the provisions of this Section, for all such projects that specifically involve undergrounding of overhead lines or projects acceptable to the Company which are related to the Company's existing Facilities. The Town shall make all reasonable attempts to plan and budget use of the Fund without advancement of future Funds. However, if the Town requests and the Company and the Town agree that it is in the mutual interest of both, the Company shall anticipate Fund amounts to be available for up to three (3) years in advance. Both parties shall enter into a special agreement concerning the advanced Funds. Any amounts advanced shall be credited against amounts to be expended in succeeding years until such advances are eliminated. 13. Undergrounding. a. At Consumer's Request. If a customer within the Town should request that new facilities be installed underground, or for the conversion of existing overhead facilities to underground facilities, or if Town ordinances or resolutions require a customer or customers to install facilities underground, the Company shall proceed in accordance with its Line Extension Policy, located in Section 30.30 of the Holy Cross Energy Tarriffs, as each may from time to time be amended. b. Town Requested Undergrounding. Except for the Company's contributions to the Community Enhancement Fund, which may be used by the Town to pay for the undergrounding of the Company's· facilities, any request, requirement imposed by resolution or ordinance, or other communication from the Town to the Company, asking, or requiring the Company to underground new facilities or existing overhead facilities, or move, remove, or replace existing underground facilities, shall be responded to in accordance with the provisions of the Company's Line Extension Policy, or other customary practice in use by the Company. The Town acknowledges availability of the Line Extension Policy. c. Relocation of Underground Facilities. Nothing hereinabove shall be Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 16 of 19 construed to obligate the Company to pay for the removal and relocation of its Facilities where such is at the request or demand of a person, or a public or private entity under circumstances which require the party requesting or demanding such to pay for the relocation under other provisions hereof, or under the provisions of the Company's Line Extension Policy, or other customary practice in use by the Company. d. Governmental Mandates. This Franchise or the Town Municipal Code, as either may be amended from time to time, shall not prohibit or limit the Company's right to enforce its collection of the cost increase of new underground construction, or conversion, in accordance with the provisions of the Company’s Line Extension Policy, customary practices, or state law. Anything in this Franchise, or in the Municipal Code, that would be a contributing factor to the ultimate effect of causing the Company to convert overhead electric lines or Facilities to underground lines or Facilities, or which would result in new construction of lines or Facilities being placed underground, when such could have been constructed overhead, shall be deemed to be a mandatory requirement of the Town. 14. Miscellaneous. a. Changes in Utility Regulation. In the event new legislation materially affects the terms and conditions of this Franchise, the parties agree to renegotiate the affected terms and conditions in good faith as an amendment hereto. The parties hereto acknowledge that regulatory and legislative changes in the electric utility, gas utility and other energy industries are currently being discussed nationwide and statewide; that some changes in utility industry sectors have already been implemented; and that other changes may be made in the future, during the term of this Franchise. One likely scenario is the implementation of open access to electric customers, and other energy customers, making such customers available to all utilities, thus eliminating or limiting territorial protections. Under this scenario one utility may contract to sell a type of energy to a customer, while another utility transports the energy to the customer for a fee charged to the other utility or the customer. The parties agree, that insofar as future changes in the utility laws will allow, the Company shall always retain the right to bill customers for utility transportation services and energy sales within the Town if it is the provider of either the energy product or the transportation of such product. The parties agree that this will provide the most efficient and convenient utility service to the Residents and provide assurance to the Town of Franchise Fee collection for each component charged for the sale and delivery of energy products within the Town. Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 17 of 19 b. Successors and Assigns. The rights, privileges, Franchises and obligations granted and contained in this Franchise shall inure to the benefit of and be binding upon the Company, its successors and assigns. c. Representatives. Both parties shall designate from time to time in writing representatives to act as franchise agents for the Company and the Town. Such will be the persons to whom notices shall be sent regarding any action to be taken under this Ordinance. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party. Until any such change shall hereafter be made, notices shall be sent to the Town Mayor and to the Company's Corporate Executive Officer. Currently the addresses for each are as follows: For the Town: Town of Avon 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 Attention: Town Manager For the Company: Holy Cross Energy 3799 Highway 82 Post office Box 2150 Glenwood Springs, Colorado 81601 Attention: Corporate Executive Officer d. Severability. Should any one or more provisions of this Franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft provisions that will achieve the original intent of stricken provisions. e. Entire Agreement. This Franchise constitutes the entire agreement of the parties. There have been no representations made other than those contained in this Franchise. 15. Approval. a. Town Approval. This grant of Franchise shall not become effective until Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 18 of 19 approved by the Town in accordance with its Ordinances and the statutes of the State of Colorado. b. Company Approval. The Company shall file with the Town Clerk its written acceptance of this Franchise and of all its terms and provisions within fifteen (15) business days after the final adoption of this Franchise by the Town. The acceptance shall be in the form and content approved by the Town Attorney. If the Company shall fail to timely file its written acceptance as herein provided, this Franchise shall become null and void. c. Public Health, Safety and Welfare. The Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town and the Residents thereof. Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. 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 6. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 21-01 AN ORDINANCE GRANTING A FRANCHISE TO HOLY CROSS ENERGY [Jan. 12, 2021] Page 19 of 19 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on January 12, 2021, and setting such public hearing for January 26, 2021, at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on January 26, 2021. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney 970-376-2876 epd@piercedurancelaw.com TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Pierce-Durance, Special Counsel to the Town RE: Ordinance 21-02 DATE: January 12, 2021 SUMMARY: Ordinance 21-02 amends Chapter 3.28 of the Avon Municipal Code (“AMC” or “Code”) to require marketplace facilitators to collect and remit the 4% accommodation tax imposed on lodging services, including hotels, motels, and privately owned short-term rental properties. The purpose of the amended language is to consolidate the duty to collect and remit both the sales and accommodation taxes imposed on lodging services. Currently, the sales tax is collected and remitted by third-party vendors while the accommodation tax is collected and remitted by property owners. It is inefficient and potentially confusing for taxpayers to have this collection process split between two entities, prompting the need for the proposed amendment. This report recommends approval of Ordinance 21-02, attached hereto. BACKGROUND: In August 2020, the Town Council amended the Code to require marketplace facilitators to collect and remit sales taxes. This provision generally was aimed at clarifying and simplifying the duties of remote vendors selling product or taxable services into the Town of Avon. The effect of the modified language was to require remote vendors, including online travel companies (OTCs), to start collecting and remitting sales tax on October 1, 2020, including that imposed on lodging services. However, there was no similar amendment requiring remote vendors to collect and remit the accommodation tax imposed on lodging services, leaving that responsibility to property owners. ANALYSIS: AMC Chapter 3.28.040 requires the “lessor” of a “hotel room, condominium unit or other accommodation” to collect a 4% accommodation tax levied on short-term rentals. This requirement was created in 1981. Since that time, there has been significant growth in the number of OTCs, such as Airbnb and Expedia, selling access to short-term rentals through an open market. Such OTCs are not the lessors of accommodations according to a recent Colorado opinion 1 so Avon’s existing Code language cannot be used to require OTCs to collect accommodation tax. The result is a bifurcated tax-collection system whereby OTCs collect and remit a 4% sales tax on lodging services while property owners collect and remit a 4% accommodation tax on those same services. This system can be clumsy and confusing for guests and property owners alike. The proposed ordinance eliminates that confusion by placing the tax-collection responsibility for both taxes squarely on a rental’s vendor and off the property owner. Third-party vendors, such as OTCs, will now be required to collect and remit both the sales and accommodation taxes, simplifying the collection and administration processes. Simplifying tax administration improves Town efficiencies, thereby benefiting Avon residents at large. The new rule is set to take effect on February 1, 2021. This is intended to give tax collectors time to update their financial systems while consolidating the tax-collection method as soon as possible. The proposed ordinance also adds a definition for “price paid” to clearly include additional fees and surcharges, such as cleaning fees, that often are part of the total consideration required of a short-term renter to access property. This is designed to clarify and harmonize taxation of short-term rentals across the Avon market. 1 Town of Breckenridge v. Egencia, LLC; Expedia, Inc.; Hotels.com; et al., 442 P.3d 969 (Colo.App. 2018). 970-376-2876 epd@piercedurancelaw.com FINANCIAL CONSIDERATIONS: The proposed amendments create no cost to the Town. RECOMMENDATION: Staff recommends adoption of Ordinance 21-02. PROPOSED MOTION: I move to approve on First and Second Reading Ordinance 21-02, modifying provisions relating to the collection and remittance of accommodation taxes to improve the efficiency of tax administration for the benefit of the Town and its residents. Thank you, Elizabeth Pierce-Durance ATTACHMENTS: A: Ordinance 21-02 Ord 21-02 AMENDING CODE SECTIONS 3.28.020 AND 3.28.040 – January 12, 2021 Page 1 of 4 EMERGENCY ORDINANCE NO. 21-02 AMENDING CHAPTER 3.28 OF THE AVON MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION AND REMITTANCE OF ACCOMMODATION TAX BY MARKETPLACE FACILITATORS WHEREAS, pursuant to C.R.S. § 31-15-103 and § 31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town 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 Town has autonomous taxing authority under Article XX, section 6, of the Colorado Constitution; and WHEREAS, the Town imposes a sales tax on lodging services pursuant to Section 3.08.030(b) of the Avon Municipal Code and an accommodation tax on lodging services pursuant to Section 3.28.030, and WHEREAS, the Town recently amended its Code to require marketplace facilitators to collect and remit the lodging services sales tax, commencing on October 1, 2020; and WHEREAS, the Town’s tax administration will be greatly improved by requiring marketplace facilitators to also collect and remit the lodging services accommodation tax; and WHEREAS, this requirement will not create a new tax on any Avon taxpayer nor affect in any way existing tax levels; and WHEREAS, the Town Council finds that improving tax administration will promote the health, safety and general welfare of the Avon community; and WHEREAS, Section 6.6 of the Charter permits the adoption of ordinances on one reading with the concurring vote of five (5) Council members after posting notice of a public hearing and conducting a public hearing; and, WHEREAS, Town Council finds that amendments to the Avon Municipal Code will lead to the effective collection and remittance of the accommodations tax and will thereby promote the health, safety and general welfare of the Avon community. 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. ATTACHMENT A Ord 21-02 AMENDING CODE SECTIONS 3.28.020 AND 3.28.040 – January 12, 2021 Page 2 of 4 Section 2. Amendments to Section 3.28.020 – Definitions. Section 3.28.020 is hereby amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted: Hotel room, condominium unit, or other accommodation means providing “Lodging services” as defined in Section 3.08.010. lodging services. Lodging services is as defined in Section 3.08.010. Price paid is the total amount promised or paid in cash or other consideration in exchange for lodging services, including but not limited to vendor mark-up, cleaning fees, service fees, or any other charge, excluding taxes, which must be paid by the purchaser in exchange for the lodging services. Vendor means a person providing lodging services, including marketplace facilitators as defined in Section 3.08.010. Section 3. Amendments to Section 3.28.040 – Payment and collection required. Section 3.28.040 is hereby amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted: It shall be a violation of this Chapter for any lessee of a hotel room, condominium unit or other accommodation located in the Town the purchaser of lodging services to fail to pay or for any lessor of such accommodation the vendor of lodging services to fail to collect the tax levied by this Chapter. A marketplace seller as defined in Section 3.08.010 is not liable for this collection of tax; rather, any marketplace facilitator facilitating the sale of lodging services is so liable. Section 4. 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 5. Effective Date. This Ordinance shall take effect on February 1, 2021 in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. 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. Ord 21-02 AMENDING CODE SECTIONS 3.28.020 AND 3.28.040 – January 12, 2021 Page 3 of 4 Section 7. 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 8. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 21-02 AMENDING CODE SECTIONS 3.28.020 AND 3.28.040 – January 12, 2021 Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST AND FINAL READING on January 12, 2021. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney TO: Honorable Mayor Smith Hymes and Council FROM: Ineke de Jong, General Government Manager RE: Approval of 2021 Regular Meeting Schedule DATE: January 4, 2021 SUMMARY: A draft of the Council regular meeting schedule is presented to Council for review, discussion and action. Council traditionally approves the year’s meeting schedule early in each year to verify that the schedule works for all Council members. Once the schedule has been approved by Council, the dates will be posted to the Town’s website and four posting locations. Staff will follow-up with calendar invites for all regular Council meetings once Council adopts the regular meeting schedule. ACTION BEFORE COUNCIL: Please find attached the proposed regular meeting schedule for 2021, which reflects the second and fourth Tuesdays of each month, unless otherwise noted. Meetings will begin at 5:00 p.m., unless Council would like to discuss and provide direction on a different start time for meetings. The Council meeting schedule includes the following special considerations for meeting dates: • Suggested dates to cancel regular meetings include: 1. August 10th – Allow council a break in the middle of summer while Eagle County schools are not in session  We would like to poll Council on whether the second meeting in July or the first meeting in August is preferred for the summer break 2. October 12th and 26th – Eagle County Schools not in session Oct 11-15, 2021 and budget retreat proposed on October 29th.  Instead we suggest meeting will be on the 1st and 3rd Tuesday in October; October 5 and 19, 2021. 3. November 23rd – Thanksgiving Break.  Instead meeting will be on the 3rd Tuesday in November; November 16, 2021. 4. December 28th – Christmas Break • Two Council Retreat dates are recommended. o Friday June 11th o Friday October 29th (budget retreat) DISCUSSION POINTS FROM THE MAYOR: 1. Meeting Time: We've all discussed whether some additional regularly scheduled meeting time is needed. I would like to propose starting either one or both of the bi-weekly Council meetings at 2:00 p.m. to allow time for work sessions and executive sessions. 2. Work Sessions: If Council were to agree to a regular early start - even one meeting a month - we wouldn't necessarily need the June Council Retreat at all, though I do think we'll need an in-person work session to get reacquainted as soon as it is safe to do so. It makes more sense to me to schedule the work sessions to address a particular need, rather than arbitrarily schedule one for June, though there may be a good rationale for it. We know we need the budget work session in October. MEETINGS IN PEER COMMUNITIES: We checked with our primary comparator communities to get an understanding of how many meetings and work sessions they host each year. The overview is below: Town Meetings on Duration Start Times & Notes Breckenridge 2nd and 4th Tuesdays Appx 6hrs The work sessions start at 3:00 p.m. and the evening meetings start at 7:00 p.m. Frisco 2nd and 4th Tuesdays Appx 4-5hrs Meeting starts at 4:00 p.m. Silverthorne 2nd and 4th Wednesdays Mayor runs a very tight meeting and they are as short as they can be The work sessions start at 4:00 p.m. and the evening meetings at 6:00 p.m. . "Work Sessions cover possible agenda items in advance so a lot of discussion is held prior to a Regular meeting or a decision to keep everything efficient." Snowmass 3 times per month: 1st and 3rd Monday’s are Regular Meetings 2nd Monday is work session Appx 2-3.5hrs Work sessions are 2hrs All Regular Meeting and Work Sessions begin at 4:00 p.m. Telluride Once every three weeks Appx 7-8hrs Meetings start around 9:00 or 10:00 a.m. Retreats: 4 per year at 4 hours long. Vail 1st and 3rd Tuesdays Appx 1-2hrs now and 4hrs pre-Covid. Work sessions are 4hrs The work sessions start at 1:00 p.m. and the evening meetings start at 6:00 p.m. TOWN MANAGER COMMENTS: I suggest consideration of scheduling the second meeting in October for the 4th Tuesday, or October 26. This will not conflict with Staff preparation for the budget retreat because the draft budget and materials are to be provided to Council on October 15, 2021. We are ready to accommodate Council on whatever schedule is adopted. It is important that the schedule works for all seven Council members. I do find Council retreats or special Council meeting work sessions limited to specific topics to be very valuable because they allow for each Council to contribute in more depth on policy matters, allows Council members a better opportunity to hear the viewpoints of their fellow Council members and allows a more relaxed time for discussion. PROPOSED MOTION: “I move to approve the 2021 Avon Town Council Meeting Schedule as presented (with or without modifications).” ATTACHMENTS: A. Proposed 2021 Council Meeting Calendar Council Meeting Council Retreat Holiday or School Break Council Meeting Council Retreat Holiday or School Break 2021 Avon Town Council Meeting Calendar January February March Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 1 2 3 4 5 6 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 29 30 31 31 April May June Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 1 1 2 3 4 5 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 30 31 July August September Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 1 2 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 October November December Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 1 2 3 4 5 6 1 2 3 4 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 31 Highlights: 2/15 – 2/19: EC School District Winter Break 10/11 – 10/15: EC School District not in session 3/27 – 4/4: Passover Holiday 11/22 – 11/26: EC School District Thanksgiving Break 4/19 – 4/23: EC School District Spring Break 12/20 – 12/31: EC School District Holiday Break 8/9 – 8/13: EC School District not in session TO: Honorable Mayor Smith Hymes and Council FROM: Ineke de Jong, General Government Manager RE: Appointment to Boards & Commissions DATE: January 4, 2021 SUMMARY: Every 2 years the Town Council revisits the appointments to various committees, boards and authorities. Appointments are made by motion and vote. 2019-2020 appointments are shown in Attachment A. ACTION BEFORE COUNCIL: Council is asked to review, discuss and approve the board, committee, authority and other agency appointments. PROPOSED MOTION: “I move to approve the appointment to committees and boards in Attachment A (as presented or with modifications).” ATTACHMENTS: A. 2019-2020 Board, Committee, Authority and Other Agency Appointments. ATTACHMENT A TOWN OF AVON 2019/2020 BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted January 22, 2019 Agency Description Council Assignments Upper Eagle Regional Water Authority Town's voting representative on the six member board; responsible for all elements of delivering potable water to the Town Appointment: Primary appointment must be an elected official. Alternate may be Town Manager (or designee) or citizen Primary Representative: SARAH SMITH HYMES Alternate: AMY PHILLIPS Eagle County Regional Transportation Authority & Eagle County Regional Trails (ECO) A nine member board of elected officials from the incorporated towns was established to develop operating policy. This board has since been reduced to eight members who represent the towns of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, Eagle County Government and Beaver Creek. The half-cent county sales tax is dedicated to funding regional transportation. One tenth of this tax goes toward funding the regional trails system. Town's voting representative on Eagle County's Transit & Trails Advisory Board. Appointment: Elected or staff Primary Representative: AMY PHILLIPS Alternate: SARAH SMITH HYMES Eaglebend, Kayak Crossing & Buffalo Ridge Housing Corporations The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. The board consists of 5 directors. The property is being managed by Polar Star Properties under an agreement with the Corporation. The present members of the Board are Gerald E. Flynn, Jeffery M. Spanel, Craig Ferraro and Megan Burch. Appointment: Elected or Appointed Town Council also must approve other board member appointments when a vacancy occurs. Board Member: TAMRA UNDERWOOD Alternate Board Member: SARAH SMITH HYMES Northwest Colorado Council of Governments (NWCCOG) The Town is a member of the NWCCOG, a voluntary association of county and municipal governments in a 5-county region in northwest Colorado. The NWCCOG Council, made up of representatives from each member jurisdiction, directs the activities of NWCCOG. The NWCCOG staff is responsible for carrying out the Council’s direction. The purpose of the NWCCOG is to be responsive to members’ needs and interests by providing guidance and assistance in problem solving, information sharing and partnership building, advocating members’ interests and needs with local, state and federal entities, and providing quality services to our membership that are relevant, effective, and efficient. Appointment: Elected or staff Board Member: JENNIE FANCHER Alternate Board Member: SARAH SMITH HYMES Climate Action Collaborative The Town is a member of the Climate Action Collaborative and is one of about 30 local businesses, organizations, nonprofits and governments trying to address climate change by meeting the goals established in the Climate Action Plan for the Eagle County Community. The Climate Action Collaborative’s goal is to reduce carbon emissions 25% by 2025 and 80% by 2050. Appointment: Elected or staff Primary Representative: SARAH SMITH HYMES Colorado Communities for Climate Action (CC4CA) CC4CA is a coalition of local governments across the state that advocates for state and federal policies to protect Colorado’s climate for current and future generations. CC4CA is governed by a steering committee of representatives from member communities. Unanimous consent among members is required to set the coalition’s policy priorities. Appointment: Elected or staff Primary Representative: -------------------------- Public Access TV: High Five Access Media Voting representative on the Board of the nonprofit organization that manages noncommercial public, educational and governmental programming; receives Town's PEG fees from COMCAST Appointment: Elected Board Member: AMY PHILLIPS Alternate Board Member: JAKE WOLF Colorado Municipal League Policy Committee The CML Policy Committee is a standing committee that develops the League's legislative program. The membership is composed of representatives from each member municipality, CML sections, and district presidents. Voting representative on policy matters before the State Legislature Appointment: Elected or Town Manager Primary Representative: --------------------------- Alternate: JAKE WOLF Colorado Association of Ski Towns (CAST) CAST members use the power of the coalition to seek support for legislation that will benefit and sustain the mountain communities. We support actions that keep our communities livable, protect our pristine environment, and promote community-based land use, mass transit, affordable housing, and sustainable tourism. Our goal is to foster growth that will ensure an exceptional quality of life for citizens and a positive experience for visitors. Voting representative on ski town consortium Appointment: Elected, if desired Town Manager regularly attends; non-voting if an Elected Official is appointed Primary Elected Representative: SARAH SMITH HYMES Alternate: JENNIE FANCHER I-70 Coalition Voting representative from towns & counties along the I-70 corridor working to reduce I-70 vehicular congestion and improve safety. Also continues to evaluate proposed magnetic train(Guideway System) Appointment: Elected or Town Manager Appointment: JENNIE FENCHER Alternate: SCOTT PRINCE VVP: 1. EGE Air Alliance The EGE Air Alliance is a 501-c6 non-profit public-private partnership that provides the funding to make the Eagle County Regional Airport (EGE) a vital part of the Eagle County economy with a vibrant flight service program. Formed in 2002, the EGE Air Alliance partnership includes government entities and private business stakeholders in local towns within Eagle County. Serves as representative to discuss regional airport topics of concern. Appointment: Elected or Town Manager Board Member: AMY PHILLIPS Alternate: ----------------------- VVP: 2. Economic Development Leadership Council serves under Economic Development Leadership Council: Serves as representative on the advisory board to the VVP governing board; assists with regional & local collaboration, research, and follow through on economic development initiatives. Primary Representative: Elected or Appointed Primary Council Member: the umbrella of the Vail Valley Partnership Vail Valley Economic Development Advisory Council Contact Names: Chris Romer Vail Valley Economic Development Advisory Council: The Advisory Council is a resource and sounding board for the Partnership. The Advisory Council will provide advisement on issues at hand to ensure that local economic development activities undertaken by VVED are relevant to the needs of the business community and remain aligned to the core mission. JENNIE FANCHER Alternate: SCOTT PRINCE Vail Valley Mountain Bike Association Regional committee focused on achieving IMBA Gold Designation. VVMB coordinates volunteer trail work, organizes events, trains volunteer trail construction crew leaders and contributes its talents, guidance and time to support local land managers in various soft surface trail initiatives. Appointment: Elected or Appointed Primary: SCOTT PRINCE Alternate: --------------------- Eagle County Home Buyer Assistance Committee ("HBAC") Tori Franks: Eagle County (328-8775) Eagle County Housing & Development Department The Eagle County Homebuyers Assistance Committee (HBAC) is a volunteer committee, who represents public and private entities throughout the valley. We are an advisory committee, to the Board of County Commissioners who, working closely with the Eagle County Housing Department, recommends policies regarding the Eagle County Home Buyers Assistance Programs and First Time Home Buyers Education Classes. Appointment: Elected Committee Member: CHICO THUON Traer Creek Liaisons Join the Town Manager in bi-weekly meetings to stay informed and updated on development topics Appointment: Elected or Appointed Two Appointees: JENNIE FANCHER ----------------------- Hoffmann Commercial Real Estate Liaisons Join the Town Manager in bi-weekly meetings to stay informed and updated on development topics Appointment: Elected or Appointed Two Appointees: JENNIE FANCHER SARAH SMITH HYMES 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP, Planning Director RE: First Reading of Ordinance 21-03, Amending the Wood- Burning Device Provisions in the Building Code DATE: January 12, 2021 SUMMARY: On December 8, 2020 the Town Council approved an appeal related to the Town’s Building Code regulations. The code currently prohibits the replacement of wood burning stoves with new devices in multi-family projects of triplex or greater in size. Council directed Staff to return with an Ordinance to revise the regulations to permit future conversions. In front of Town Council is the first reading of Ordinance 21-03. This Ordinance would expressly permit the replacement of non-conforming wood burning devices with “new technology” devices, regardless of the building type. All wood burning devices would continue to be prohibited in new buildings greater than duplex in size. New technology devices are defined as EPA certified, and listed with the Colorado Department of Public Health and Environment. AMENDMENT: Clarification would be added to Section 902.2 of the local fireplace modifications to the building code, as follows: "902.2 Regulations for fireplaces. One (1) New Technology Device shall be permitted in each dwelling unit constructed or the lobby of any hotel or lodge, provided that no new wood-burning or other solid fuel-burning fireplaces or other similar devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Properties with solid-fuel-burning devices in existence as of February 25, 2021 shall be permitted to be replaced with a new technology device.” NEIGHBORING JURISDICTIONS: The Town of Vail code permits certified new-technology devices in dwelling units, but they are not allowed in employee housing units or accommodation units. The Town of Eagle strictly prohibits wood burning devices in any building or structure; however, they do permit wood pellet stoves and boiler systems. Eagle County permits new technology devices and also the replacement of existing wood burning devices with new technology devices. All local jurisdictions surveyed contain similar language for preexisting and non- conforming devices. Preexisting non-compliant fireplaces and wood burning stoves may continue to exist if they are not moved or structurally altered. AVAILABLE ACTIONS: 1. Continue action pending additional information. 2. Approve the Ordinance on First Reading. 3. Deny the application. RECOMMENDEDATION: I recommend that Town Council approve the first reading and direct staff to return with a public hearing and second reading at the January 26, 2021 regular meeting. Sincerely, Matt Pielsticker ATTACHMENT Ordinance 21-03 ORDINANCE NO. 21-03 AMENDING AVON MUNICIPAL CODE CHAPTER 15.16.060 TO PERMIT THE REPLACEMENT OF NON-CONFORMING SOLID-FUEL DEVICES WITH NEW- TECHNOLOGY DEVICES WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town 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, Town Council initiated a code text amendment application to permit replacing non-conforming wood-burning devices that exist in Avon with new EPA-certified devices; and WHEREAS, the code amendments are in conformance with Avon Comprehensive Plan Policy G.3.3, which seeks to limit the number and location of wood burning fireplaces and reduce pollution from existing sources. WHEREAS, the Town Council finds that requiring EPA-certified devices will promote the health, safety and general welfare of the Avon community by improving air quality; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Section 15.16.060 – Section 902 Masonry Fireplaces. Chapter 15.16.060-Section 902.2, Regulations for fireplaces, is hereby amended to read as follows with underline indicating language to be added: "902.2 Regulations for fireplaces. One (1) New Technology Device shall be permitted in each dwelling unit constructed or the lobby of any hotel or lodge, provided that no new wood-burning or other solid fuel-burning fireplaces or other similar devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Properties with solid-fuel-burning devices in existence as of February 25, 2021 shall be permitted to be replaced with a new technology device.” Ord 21-03 Chapter 15 Fireplace January 12, 2021 Page 2 of 3 Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 3. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 4. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. 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 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord 21-03 Chapter 15 Fireplace January 12, 2021 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on January 12, 2021 and setting such public hearing for January 26, 2021 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on January 26, 2021. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney 970-748-4413 mpielsticker@avon.org TO: FROM: RE: DATE: Honorable Mayor Smith Hymes and Councilmembers Matt Pielsticker, AICP, Planning Director PUBLIC HEARING – Resolution 21-01, Minor Subdivision Tract Y, Filing No. 3, Mountain Star January 12, 2021 SUMMARY: In front of the Town Council is a Minor Subdivision land use application for final review and action. The application proposes to replace a 2-acre building envelope note with a defined building envelope that is based upon existing topography, thereby avoiding development on areas 40% or greater in compliance with the Avon Development Code regulations. A building envelope is a defined area where buildings can be constructed on a property. The details and supporting documentation for the application are attached to this report as Attachment A. The newly defined building envelope measures 3.9 acres of the 7.2-acre parcel. No changes to zoning, land use, or density are contemplated with this application. The supporting documentation indicates a potential storage facility project, however, Town Council’s action is not predicated or bound to that development concept. Action on Resolution 21=-01 by Town Council will be based solely on the review of the applicable review criteria outlined in Attachment B. COUNCIL OPTIONS: - Request more information and continue Resolution 210-01 to a future meeting date; or - Approve Resolution 21-01, thereby approving the Minor Subdivision; or - Deny the Minor Subdivision by Motion and Vote. BACKGROUND: During the planning and approval process of the Mountain Star PUD, the Mountain Star Limited Liability Company initiated a land exchange with the United States Forest Service (USFS). A PUD amendment was approved by the Town in 1994 resulting in the incorporation of 612 of the 619 acres into the Mountain Star PUD. The remaining 7 acres, labeled as Tract Y, was earmarked for a public works site and excluded from the Mountain Star PUD. Tract Y retained the Open Space, Landscaping and Drainage (OLD) zoning designation until 1996 when the Town approved Ordinance 96-11. This ordinance rezoned the property from OLD to the Industrial Commercial (IC) zone district. The rezoning to IC zone district was approved “contingent upon recording of a final subdivision plat for Tract Y.” The Town Council then approved Resolution No 96-49 on consent agenda, approving the final plat for Tract Y. Council’s approval stipulated the following building envelope note: Page 2 of 3 There was no discussion or rationale for the 2-acre envelope discovered by Staff when researching this property. The subdivision for Tract Y was approved on a consent agenda. Land use records do not indicate a physical analysis or survey used to support the 2-acre restriction. PROCESS: Section 7.16.070 of the Avon Municipal Code, Subdivisions, governs the review of this land use application. Staff determined that this application meets the definition of “Administrative Subdivision”. However, it is being referring to Town Council based upon the following findings: - Administrative Subdivision definition provides Director authority to refer to Town Council and process as Minor Subdivision where “the character of the subdivision application presents issues which warrant review and approval by Town Council. - The character of development may change by removing the 2-acre building envelope restrictive plat note. - Town Council approved the current/existing Final Plat for Tract Y, and restrictive plat note, and changes to that plat should be reviewed by Town Council. This file is being processed as a Final Plat only (i.e. no Preliminary and Final) because it is a Minor Subdivision and no public improvements are being proposed. Final plats are to be approved by resolution or ordinance of the Town Council. Presented to Town Council is a resolution for consideration after conducting a public hearing. REFERRAL: A referral response from Holy Cross Energy (Attachment C) was received on December 31st and is attached to this report. The comments from Holy Cross Energy would need to be addressed at the time of a development plan application if the applicant moves forward with this storage project. Action on the application by Town Council does not affect the rights of Holy Cross. POTENTIAL MOTIONS: 1. Continue “I move to continue Resolution 20-01 to the _____________, 2021 regular meeting in order to review the results of additional study and analysis.” 2. Approve “I move to approve Resolution 20-01, approving the Minor Subdivision application for Tract Y, Filing 3, Mountain Star subdivision.” 3. Deny “I move to deny the Minor Subdivision application for Tract Y, Filing 3, Mountain Star subdivision, with the findings: a. The development application is complete; and b. The development application provides sufficient information to allow the Town Council to determine that the development application fails to comply with review criteria No. ___.” RECOMMENDATION: My recommendation is to approve Resolution 20-01 (Attachment D), approving the Minor Subdivision application. Thank you, Matt Pielsticker Page 3 of 3 ATTACHMENTS: A - Introduction Letter with attachments, dated November 30, 2020 B – Staff Analysis of Review Criteria C – Holy Cross Referral Comment, dated December 31, 2020 D – Resolution 20-01 Physical Address: 105 Edwards Village Blvd. Suite G104 (970) 949-7034 Mailing Address: P.O. Box 1734 Vail, CO 81658-1734 Edwards, CO 81632 email: general@judge-associates.com Mr. Matt Pielsticker Senior Planner Town of Avon 100 Mikaela Way PO Box 975 Avon, Colorado 81620 November 30, 2020 Re: Tract Y Town of Avon. Mr. Pielsticker, Our Client has the property known as Tract Y under contract and desires to move forward into the plan review process toward t he goal of a building permit in the spring of 2021 for the development of a Luxury Storage Facility. The facility as conceptually envisioned on the attached would contain approximately 180,000 square feet of indoor storage/services and would be a luxury facility for the storage of personal property. It would contain member only services and amenities as developed by the plan. After reviewing the existing final and amended plat of the Mountain Star Filing No.3 in creating tract Y and most specifically the General Notes a restriction of unknown origin shown as Plat Note #6 creates an unspecified in shape or form Building Envelope of two- acres on the seven-acre property. It is the desire of this development team to remove the restriction of this Plat note for this specific application after understanding the following reasoning and opportunity. Plat note per the Mountain Star Filing No.3 Final Plat:: 6. Development within tract Y shall be subject to a two (2) acre Building Envelope to be identified by the property Owner and reviewed by the Town of Avon in conjunction with the Design Review Process. All buildings, portions of buildings, building projections and roof overhangs, structural walls supporting buildings and parking shall be located completely within the defined building envelope. The access drive, landscape improvements, grading and retaining walls related to access improvements or landscape improvements, utilities and normal and necessary management of natural vegetation shall be allowed to occur outside the building envelope After detailed discussion it is suspected that the plat note was created without a full understanding of the properties potential development-what it would or could become, the unknown mitigations of stormwater and debris flow-which a Final report is attached, without an complete evaluation of Title 7 of the Avon Town code related to potential or a presented actual development plan-as the code has been developed over time since the 1997 Plat creation, and possibly without a detailed property slope analysis (also attached to this letter) showing the properties development area. As attached the slope analysis shows approximately 3.5 acres of area below the steep slope and the intent of this pending development application will be to embrace current town code for development including and most importantly the title 7 Development Standards and to follow and implement strategies per an updated debris and stormwater flow study. Alpine Engineering has been engaged as the Civil Engineer of record for the project and the parcels Final Drainage Study is attached for your review. An Amended /Minor Subdivision Plat is attached for your review that creates a more defined and more restrictive Building Envelope for the Property. The Building Envelope is placed at or near the tow of the 40% slope and is defined and restricted by Town Code as the following: Building envelopes means portions of a lot within which all buildings are confined and is delineated on a plat; a specified area that does not alter or otherwise affect existing setbacks or easements. ATTACHMENT A Physical Address: 105 Edwards Village Blvd. Suite G104 (970) 949-7034 Mailing Address: P.O. Box 1734 Vail, CO 81658-1734 Edwards, CO 81632 email: general@judge-associates.com A Conceptual Facility Masterplan is also attached for your review, this concept is pending final coordination and compliance with the pending platted Building Envelope and new and Final Master Drainage Study. Our team has also reviewed section 7 Development Standard of the Avon Town Code in detail and feels the Code is detailed in the standards and requirements of development of property and should be the standards to which the application is held. In such and as relation to the contemplated development plan attached and in understanding this is still schematic in nature I offer the following understanding of the development intent related to specific sections of Title 7 and our request for the Plat Note restriction removal. • Parking and Loading standards will clearly apply to this storage facility. It is understood parking counts and requirements in general will be based on the overall facility floor area and all calculations shall be based on gross floor area minus ten percent (10%) and based on the stan dards for the closest comparable use or by reference to the standard parking resources published by the National Parking Association or the American Planning Association. • Snow Storage areas will be define d and provided per code. • Stormwater Drainage shall comply to Section 7.32.050 pe r agreeable findings of an the final Engineering Report of the overall watershed and stormwater requirements for the overall site. • Off Street Loading shall clearly apply as a storage facility and numerous internal loading bays are contemplated for the facility. • Access and approach to roadway standards shall apply including emergency vehicles and review of driveways in a Mountainous Terrain. • Intersection design and location shall apply related to property with a frontage of over 100 feet of separation between drives. • Overall mobility and bus connectivity shall not be applicable to this location outside the Town Center however i nternal circulation of sidewalks, pedestrians , and bicycle facility standards will be provided . • Landscaping standards including maximum irrigated area shall comply along with parking lot perimeter and internal landscaping to allow for proper snow removal. • Screening requirements shall apply however the loading facility as an integral part of the building may not comply as a “shall not be visible from any public right of way”. We hope to review this requirement inherent to the project itself. • Retaining walls shall apply however review of single wall heights over 7 feet may be requested for approval to reduce steep grade impacts and preserve natural terrains. Assuming foundation retaining walls for structures are not included as retaining walls in this section as the design intent is to limit site impact at the 40% slope using buildings as retainage. • A Site Disturbance Envelope standard shall be observed, allowing for the creation of stormwater and debris flow engineering solutions per the Final Stormwater flan attached along with internal roadway/circulation/retaining impacts that will fall into the 40% slope. • Some fences will be requested for security and wildlife control , those fences shall comply with section 7.28.080 . • Overall Design Standards shall also apply. However, the buildings foundation system will not “step with the terrain”, verses it will retain the terrain as the intent is to maximize the internal space of the buildings for storage within a smaller overall building footprint and site impact • 7.28.100 Natural Resource protection -shall be followed with the regulated development of buildings in locations with steep slopes, the desire of minimal grading at steep slopes by utilizing building forms as retention verses retaining walls. ATTACHMENT A Physical Address: 105 Edwards Village Blvd. Suite G104 (970) 949-7034 Mailing Address: P.O. Box 1734 Vail, CO 81658-1734 Edwards, CO 81632 email: general@judge-associates.com • No Building development on slopes at 40% or greater will be allowed. Building foundation retention and site wall retaining at and into the tow of the 40% slope is the project goal . • Although the property most likely will not meet the overall intent of Minimal Grading or Discouraged Mass Grading the final design and final solution will seamlessly integrate into and onto the property . • Although building benches will be created to integrate the buildings with level floor areas into the site over lot grading and steep slope creation is not being contemplated as a solution. All natural drainage patterns will be observed and followed per the Engineers Report. • All sediment control, erosion and grading standards will be followed , a revegetation plan will be established, and any storm or flood control measures per the Engineers report will be followed. • No geological hazards are known in this are a except for possible offsite debris flow. Solutions will be followed per the Engineers Report. • The project anticipates a relatively low electrical load requirement for a facility of its size and in such does propose to seek alternative energy options including solar and geothermal for the project. And a solution as far off-grid as possible/ green earth friendl y approach to development is intended. Initial discussions with Holy Cross have already begun to understand the building electrical and thermal footprint. An appropriate tap fee is anticipated. • Water consumption is expected to be low for the size of the facility and an appropriate tap fee is also anticipated. A facility of high design, building character, and energy efficiency that enhances the Town Character and values is the base goal of the development. A defined Building Envel ope affords: • A more integrated solution of buildings across the site used to soften the site impact • Proper and pedestrian in scale retainage and stormwater control solutions, • A less linear site retainage and institutional retainage design, • An improved internal traffic pattern access along with fire and safety turn arounds not cut into the hill side, • Separated and reasonable snow storage areas, • Broken fields of parking verses an industrial parking area/field • Internal landscaping near the buildings softening the building design, • Stepped roofs-over an increased building footprint area to still allow for a viable building size , • Buildings of various roof form s and mass verses one singular mass industrial solution, • Employee housing and parking integrated into the facility • Building siting to enhance the natural environment and to create a sense of place, • A solution in alignment with the Future Land Use Plan • A solution in alignment with District 6: Gulch Area District of the Avon Comprehensive Plan ATTACHMENT A Physical Address: 105 Edwards Village Blvd. Suite G104 (970) 949-7034 Mailing Address: P.O. Box 1734 Vail, CO 81658-1734 Edwards, CO 81632 email: general@judge-associates.com We have included the following information in this package for your review : • Tract Y Final Drainage Report prepared by Alpine Engineering • Mountain Star Filing No. 3 Final Plat • Tract Y survey with Slope Analysis • Conceptual Facility Masterplan • Minor Plat Submittal prepared by Gore Range Survey We look forward to working with the Town to envision and develop the best luxury storage facility possible and we are available at your request for clarification. Sincerely, Judge+ Associates Inc Brian Judge, Principal, AIA, LEEP AP, RA Cc: file, Owner ATTACHMENT A FINAL DRAINAGE REPORT ______________________________________ MOUNTAIN STAR FILING 3, TRACT Y AVON, COLORADO ______________________________________ NOVEMBER 2020 ATTACHMENT A FINAL DRAINAGE REPORT ____________________________ MOUNTAIN STAR FILING 3, TRACT Y Avon, Colorado ____________________ NOVEMBER 2020 Prepared for: Brian Judge Judge and Associates brianj@judge-associates.com Prepared by: Alpine Engineering, Inc. P.O. Box 97 Edwards, CO 81632 (970) 926-3373 ATTACHMENT A November 2020 Mountain Star, Filing 3, Tract Y Drainage i TABLE OF CONTENTS I. VICINITY MAP II. INTRODUCTION ...................................................................................................................1 III. EXISTING LAND USE .........................................................................................................1 IV. DRAINAGE BASINS .............................................................................................................1 V. PEAK FLOW DETERMINATION .......................................................................................1 VI. DETENTION AND POLLUTION CONTROL ..................................................................3 VII. DEBRIS ..................................................................................................................................3 VIII. SUMMARY ..........................................................................................................................4 IX. FIGURES • Figure 1 - Town of Avon – Master Drainage study – Fig. 2-1 Tributary Basins (I-XII) • Figure 2 - Table 2-2 – Peak Discharges – Town of Avon – Master Drainage study X. APPENDICES • Appendix A – Historic Calculations • Appendix B – Developed Culvert Calculations • Appendix C – Soils Summary • Appendix D – HP Geotech Debris Flow studies in 2004 and 2007 XI. MAPS • Sheet 1 – Drainage Area Map – 11x17 – 1”=1000’ • Sheet 2 – Soils Drainage Area Map – 11x17 – 1”=1000’ • Sheet 3 – Land Cover Drainage Area Map – 11x17 – 1”=1000’ • Sheet 1 – Conceptual Site Plan – 24X36 – 1”=30’ ATTACHMENT A ATTACHMENT A November 2020 Mountain Star, Filing 3, Tract Y Drainage 1 II. INTRODUCTION Mountain Star, Filing 3, Tract Y is located in the Town of Avon on the east side of Metcalf Road approximately 2000 feet north of the intersection with Nottingham Road. This report addresses the stormwater flow in a spur of Metcalf Gulch that runs from the northeast to the southwest through the property to Metcalf Road. This drainage basin is referred to as basin B1b by HP Geotech in their previous reports in the area. Some previous HP Geotech reports may be found in Appendix D. III. EXISTING LAND USE The existing land is undeveloped and the vegetation consists mainly of sagebrush. The Tract Y property is at the bottom of the drainage basin, and the only buildable site in the gulch. The property has approximately 70 feet of fall from north to south, which equates to approximately a 10% slope. IV. DRAINAGE BASINS The drainage flows predominantly from north to south through the site and under Interstate 70 to the Eagle River. Drainage basins for Metcalf Gulch range in size from 369 acres (which flows through the site and is analyzed in this report) to 2256 acres for the main Metcalf Gulch drainage along Metcalf Road (which is not analyzed in this report). V. PEAK FLOW DETERMINATION Peak flows have been calculated using TR55, "Urban Hydrology for Small Watersheds", June 1986 as prepared by the U.S. Soil Conservation Service. Twenty-four (24) hour ATTACHMENT A November 2020 Mountain Star, Filing 3, Tract Y Drainage 2 rainfall amounts were taken from the September 1994, Town of Avon (TOA) Master Drainage Study Table 3-1 and were found to be 1.9-, 2.3-, and 2.8-inches for the 10-, 25-, and 100-year storms respectively. Soil classification types were found in the “Soil Survey of Aspen – Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties” prepared by the U.S. Department of Agriculture Soil Conservation Service. A summary of the soils may be found in Appendix C and on map Sheet 2, Soils Drainage Area Map. The Town of Avon Master Drainage Study states on page 7 that the sagebrush was categorized as “poor” to be slightly conservative when determining the runoff curve number (RCN) for use in drainage basin flow TR55 calculations. Changing the sagebrush to “poor” increased the 100 year flow from Basin 1 (drainage area = 369 acres) to 70 cfs (from 4 cfs with “fair” sagebrush). There are field studies and observations that categorize the sagebrush north of the Town of Avon as “good” which would lead to an even lower quantity of TR55 calculated runoff from the drainage basins. We have categorized the sagebrush to be “fair” in the attached calculations. ATTACHMENT A November 2020 Mountain Star, Filing 3, Tract Y Drainage 3 VI. DETENTION AND POLLUTION CONTROL Tract Y’s increase to peak flows is negligible, and therefore detention is not recommended. Setting basins will be constructed in the existing swale to provide best management practices (BMPs) for downstream runoff conveyance. The settling basin will allow soil and any debris laden storm runoff to drop out suspended soils and release clear water through the site storm system. VII. DEBRIS Debris should be addressed by a debris flow consultant. Previous reports pertaining to Debris Flow and Flood hazard for the site (HP Geotech January 9, 2004 Job No. 100 339) and (HP Geotech August 10, 2007 Job No. 107 0497) may be found in Appendix D. It was determined that the more detrimental, debris flows (higher in solids) would be very unlikely for this site. It was also noted that the potential of the less severe debris flood (higher in fluids) was unlikely but could occur in the future. There have been no HP Geotech observed debris floods in the last 40 years in the Metcalf Creek drainage as noted in the report. A 1.8 bulking factor was recommended for Tract Y, thereby increasing the 100 year storm water volume by this factor to account for debris in the runoff. Keeping buildings out of the existing swale through Tract Y would be an anticipated recommendation. The conceptual site plan (see maps) appears to meet this recommendation, whereas the proposed asphalt drive aisle can provide an overflow path for any potential future debris flood or overtopping of proposed storm piping. ATTACHMENT A November 2020 Mountain Star, Filing 3, Tract Y Drainage 4 VIII. SUMMARY Peak flows have been calculated using the SCS TR55 method. Q 100 = 4 cfs. With bulking of 1.8, Q 100 = 7.2 cfs. Detention is not recommended for the site since the increase in impervious area is negligible. ATTACHMENT A FIGURES ATTACHMENT A ATTACHMENT A Basins I (Metcalf) and V (Buck Creek); therefore TR-20 was also run on these basins. All the TR-55 and TR-20 computer printouts have been included in the Appendix. Using the theory and assumptions stated above, the peak discharges expected are: TABLE 2-2 PEAK DISCHARGES (cfs) DRAINAGE TR-55 TR-55 TR-20 BASIN TABULAR GRAPHICAL 10-yr 100-yr 10-yr 100-yr 10-yr 100-yr I 45 319 N/A 30 302 2.4 Existing Drainage Structures One of the primary objectives of this report is to study the peak discharges and their pathways from the tributary basins. At the base of all the basins lies 1-70. Several culverts presently exist beneath the highway. This section will compare the peak discharges of the tributary basins to the capacities of the culverts along their drainage pathway. (Throughout this section, pipe capacities used are taken fiom the Clay comb report .) In the original Master c rain age Study it was concluded that the culverts beneath I- 70 were insufficient to convey the flows fiom the tributary basins. Again, the original report did not have access to detailed information. 'Illis report, which ATTACHMENT A APPENDICIES ATTACHMENT A APPENDIX A HISTORIC CULVERT CALCULATIONS ATTACHMENT A WinTR-55 Current Data Description --- Identification Data --- User: HM Date: 11/4/2020 Project: Mountain Star Tract Y Units: English SubTitle: O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 HISTORIC.55 Areal Units: Acres State: Colorado County: Eagle Filename: O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 HISTORIC.w55 --- Sub-Area Data --- Name Description Reach Area(ac) RCN Tc ------------------------------------------------------------------------------ 1a Metcalf East Outlet 369.2 52 0.498 Total area: 369.20 (ac) --- Storm Data -- Rainfall Depth by Rainfall Return Period 2-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr 0-Yr (in) (in) (in) (in) (in) (in) (in) -------------------------------------------------------------------------------- 1.3 1.6 1.9 2.3 2.6 2.8 .0 Storm Data Source: User-provided custom storm data Rainfall Distribution Type: Type II Dimensionless Unit Hydrograph: <standard> ================================================================================== HM Mountain Star Tract Y O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 HISTORIC.55 Eagle County, Colorado Watershed Peak Table Sub-Area Peak Flow by Rainfall Return Period or Reach 10-Yr 25-Yr 100-Yr Identifier (cfs) (cfs) (cfs) ---------------------------------------------------------------------------------- SUBAREAS 1a 0.08 0.87 4.19 REACHES OUTLET 0.08 0.87 4.19 ================================================================================== HM Mountain Star Tract Y WinTR-55, Version 1.00.10 Page 1 11/4/2020 2:00:56 PM ATTACHMENT A O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 HISTORIC.55 Eagle County, Colorado Sub-Area Summary Table Sub-Area Drainage Time of Curve Receiving Sub-Area Identifier Area Concentration Number Reach Description (ac) (hr) -------------------------------------------------------------------------------- 1a 369.20 0.498 52 Outlet Metcalf East Total Area: 369.20 (ac) ================================================================================== HM Mountain Star Tract Y O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 HISTORIC.55 Eagle County, Colorado Sub-Area Time of Concentration Details Sub-Area Flow Mannings's End Wetted Travel Identifier/ Length Slope n Area Perimeter Velocity Time (ft) (ft/ft) (sq ft) (ft) (ft/sec) (hr) -------------------------------------------------------------------------------- 1a SHEET 100 0.2500 0.400 0.204 SHALLOW 1057 0.0960 0.050 0.059 CHANNEL 9017 0.1580 0.035 1.00 2.00 10.658 0.235 Time of Concentration 0.498 ======== ================================================================================== HM Mountain Star Tract Y O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 HISTORIC.55 Eagle County, Colorado Sub-Area Land Use and Curve Number Details Sub-Area Hydrologic Sub-Area Curve Identifier Land Use Soil Area Number Group (ac) -------------------------------------------------------------------------------- 1a Paved parking lots, roofs, driveways B .2 98 Paved parking lots, roofs, driveways C 6 98 Paved; open ditches (w/right-of-way) B .3 89 Paved; open ditches (w/right-of-way) C 6.3 92 Oak - aspen (good) B .1 30 Oak - aspen (good) C 130.5 41 Sagebrush (w/ grass understory) (fair) B 118.4 51 Sagebrush (w/ grass understory) (fair) C 107.4 63 Total Area / Weighted Curve Number 369.2 52 ===== == ================================================================================== WinTR-55, Version 1.00.10 Page 2 11/4/2020 2:00:56 PM ATTACHMENT A APPENDIX B DEVELOPED CULVERT CALCULATIONS ATTACHMENT A WinTR-55 Current Data Description --- Identification Data --- User: HM Date: 11/4/2020 Project: Mountain Star Tract Y Units: English SubTitle: O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 DEVELOPED.55 Areal Units: Acres State: Colorado County: Eagle Filename: O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 DEVELOPED.w55 --- Sub-Area Data --- Name Description Reach Area(ac) RCN Tc ------------------------------------------------------------------------------ 1a Metcalf East Outlet 369.2 52 0.498 Total area: 369.20 (ac) --- Storm Data -- Rainfall Depth by Rainfall Return Period 2-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr 0-Yr (in) (in) (in) (in) (in) (in) (in) -------------------------------------------------------------------------------- 1.3 1.6 1.9 2.3 2.6 2.8 .0 Storm Data Source: User-provided custom storm data Rainfall Distribution Type: Type II Dimensionless Unit Hydrograph: <standard> ================================================================================== HM Mountain Star Tract Y O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 DEVELOPED.55 Eagle County, Colorado Watershed Peak Table Sub-Area Peak Flow by Rainfall Return Period or Reach 10-Yr 25-Yr 100-Yr Identifier (cfs) (cfs) (cfs) ---------------------------------------------------------------------------------- SUBAREAS 1a 0.08 0.87 4.19 REACHES OUTLET 0.08 0.87 4.19 ================================================================================== HM Mountain Star Tract Y WinTR-55, Version 1.00.10 Page 1 11/4/2020 2:11:55 PM ATTACHMENT A O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 DEVELOPED.55 Eagle County, Colorado Sub-Area Summary Table Sub-Area Drainage Time of Curve Receiving Sub-Area Identifier Area Concentration Number Reach Description (ac) (hr) -------------------------------------------------------------------------------- 1a 369.20 0.498 52 Outlet Metcalf East Total Area: 369.20 (ac) ================================================================================== HM Mountain Star Tract Y O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 DEVELOPED.55 Eagle County, Colorado Sub-Area Time of Concentration Details Sub-Area Flow Mannings's End Wetted Travel Identifier/ Length Slope n Area Perimeter Velocity Time (ft) (ft/ft) (sq ft) (ft) (ft/sec) (hr) -------------------------------------------------------------------------------- 1a SHEET 100 0.2500 0.400 0.204 SHALLOW 1057 0.0960 0.050 0.059 CHANNEL 9017 0.1580 0.035 1.00 2.00 10.658 0.235 Time of Concentration 0.498 ======== ================================================================================== HM Mountain Star Tract Y O:\Avon\Tract Y-2020\dwg\Drainage\TR55\Basin 1 DEVELOPED.55 Eagle County, Colorado Sub-Area Land Use and Curve Number Details Sub-Area Hydrologic Sub-Area Curve Identifier Land Use Soil Area Number Group (ac) -------------------------------------------------------------------------------- 1a Paved parking lots, roofs, driveways B .4 98 Paved parking lots, roofs, driveways C 6 98 Paved; open ditches (w/right-of-way) B .3 89 Paved; open ditches (w/right-of-way) C 6.3 92 Oak - aspen (good) B .1 30 Oak - aspen (good) C 130.5 41 Sagebrush (w/ grass understory) (fair) B 118.2 51 Sagebrush (w/ grass understory) (fair) C 107.4 63 Total Area / Weighted Curve Number 369.2 52 ===== == ================================================================================== WinTR-55, Version 1.00.10 Page 2 11/4/2020 2:11:55 PM ATTACHMENT A APPENDIX C SOILS SUMMARY ATTACHMENT A Hydrologic Soil Group—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties; and Holy Cross Area, Colorado, Parts of Eagle, ... Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/27/2020 Page 1 of 643850004386000438700043880004389000439000043910004392000439300043940004395000439600043970004398000439900043850004386000438700043880004389000439000043910004392000439300043940004395000439600043970004398000366000367000368000369000370000371000372000373000374000 366000 367000 368000 369000 370000 371000 372000 373000 39° 43' 50'' N 106° 34' 16'' W39° 43' 50'' N106° 28' 6'' W39° 36' 4'' N 106° 34' 16'' W39° 36' 4'' N 106° 28' 6'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 0 1500 3000 6000 9000Feet 0 500 1000 2000 3000Meters Map Scale: 1:40,300 if printed on B portrait (11" x 17") sheet. ATTACHMENT A MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D D Not rated or not available Soil Rating Points A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 11, Jun 5, 2020 Soil Survey Area: Holy Cross Area, Colorado, Parts of Eagle, Garfield, Mesa, Pitkin, and Summit Counties Survey Area Data: Version 3, Jun 11, 2020 Your area of interest (AOI) includes more than one soil survey area. These survey areas may have been mapped at different scales, with a different land use in mind, at different times, or at different levels of detail. This may result in map unit symbols, soil properties, and interpretations that do not completely agree across soil survey area boundaries. Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Aug 15, 2012—Oct 13, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydrologic Soil Group—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties; and Holy Cross Area, Colorado, Parts of Eagle, Garfield, Mesa, Pitkin, and Summit Counties Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/27/2020 Page 2 of 6 ATTACHMENT A Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 6 Almy loam, 1 to 12 percent slopes B 36.7 0.5% 11 Anvik-Skylick-Sligting association, 25 to 50 percent slopes C 454.4 5.6% 12 Arle-Ansari-Rock outcrop complex, 12 to 50 percent slopes D 16.5 0.2% 20 Coulterg loam, 12 to 50 percent slopes B 239.1 2.9% 25 Cushool-Rentsac complex, 15 to 65 percent slopes C 61.2 0.8% 28 Dahlquist-Southace complex, 25 to 50 percent slopes B 0.4 0.0% 38 Evanston loam, 1 to 6 percent slopes C 57.8 0.7% 39 Evanston loam, 6 to 25 percent slopes C 15.9 0.2% 40 Evanston loam, 25 to 45 percent slopes C 14.3 0.2% 46 Forsey cobbly loam, 12 to 25 percent slopes C 97.0 1.2% 47 Forsey cobbly loam, 25 to 65 percent slopes C 246.0 3.0% 55 Gypsum land- Gypsiorthids complex, 12 to 65 percent slopes 93.0 1.1% 63 Jerry loam, 12 to 25 percent slopes C 14.9 0.2% 64 Jerry loam, 25 to 65 percent slopes C 45.7 0.6% 66 Jerry-Millerlake loams, 6 to 25 percent slopes C 72.2 0.9% 67 Jerry-Millerlake loams, 25 to 45 percent slopes C 31.9 0.4% 89 Mussel loam, 1 to 6 percent slopes B 146.5 1.8% 90 Mussel loam, 6 to 12 percent slopes B 85.7 1.1% Hydrologic Soil Group—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties; and Holy Cross Area, Colorado, Parts of Eagle, Garfield, Mesa, Pitkin, and Summit Counties Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/27/2020 Page 3 of 6 ATTACHMENT A Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 104 Torriorthents- Camborthids-Rock outcrop complex, 6 to 65 percent C 208.8 2.6% 105 Torriorthents-Rock outcrop complex, 45 to 95 percent slopes C 18.4 0.2% 106 Tridell-Brownsto stony sandy loams, 12 to 50 percent slopes, extremely stony A 69.9 0.9% 107 Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely s B 100.3 1.2% 108 Uracca, moist-Mergel complex, 6 to 12 percent slopes, extremely B 0.0 0.0% 109 Uracca, moist-Mergel complex, 12 to 25 percent slopes, extremely B 15.3 0.2% 111 Vandamore channery sandy loam, 25 to 65 percent slopes B 1,460.6 18.0% 114 Yamo loam, 1 to 6 percent slopes B 6.8 0.1% 115 Yamo loam, 6 to 12 percent slopes B 38.5 0.5% 116 Yamo loam, 12 to 25 percent slopes B 65.8 0.8% 120 Water 36.4 0.4% Subtotals for Soil Survey Area 3,749.8 46.2% Totals for Area of Interest 8,111.2 100.0% Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 104A Haplocryolls-Cryaquolls complex, 0 to 15 percent slopes B 21.4 0.3% 345B Doughspoon family, 5 to 40 percent slopes D 123.6 1.5% 346B Gateview-Handran families complex, 5 to 40 percent slopes B 103.9 1.3% 346C Gateview-Handran, moist-Eyre families complex, 40 to 65 percent slopes B 946.7 11.7% Hydrologic Soil Group—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties; and Holy Cross Area, Colorado, Parts of Eagle, Garfield, Mesa, Pitkin, and Summit Counties Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/27/2020 Page 4 of 6 ATTACHMENT A Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 348B Tellura family, warm, 5 to 40 percent slopes D 130.3 1.6% 349C Eyre-Quander families complex, warm, 40 to 60 percent slopes D 246.1 3.0% 351C Scout family, 40 to 65 percent slopes B 111.7 1.4% 353C Scout family, dry, 40 to 65 percent slopes B 79.5 1.0% 354B Typic Argicryolls-Typic Haplocryalfs complex, 5 to 40 percent slopes C 282.3 3.5% 367B Scout-Leadville families complex, 5 to 40 percent slopes B 847.8 10.5% 385D Scout family-Rock outcrop-Hechtman family complex, 40 to 75 percent slopes B 76.2 0.9% 393B Gateview-Sawpit families complex, 5 to 25 percent slopes B 85.4 1.1% 446C Sawpit-Eyre families complex, 40 to 65 percent slopes B 272.4 3.4% 467B Leadville family, sandstone substratum, 5 to 40 percent slopes C 575.6 7.1% AG11 Anvik-Skylick-Sligting association, 25 to 50 percent slopes C 130.1 1.6% NOTCOM No Digital Data Available 328.2 4.0% Subtotals for Soil Survey Area 4,361.4 53.8% Totals for Area of Interest 8,111.2 100.0% Hydrologic Soil Group—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties; and Holy Cross Area, Colorado, Parts of Eagle, Garfield, Mesa, Pitkin, and Summit Counties Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/27/2020 Page 5 of 6 ATTACHMENT A Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Hydrologic Soil Group—Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties; and Holy Cross Area, Colorado, Parts of Eagle, Garfield, Mesa, Pitkin, and Summit Counties Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/27/2020 Page 6 of 6 ATTACHMENT A APPENDIX D HP GEOTECH DEBRIS FLOW STUDIES IN 2004 AND 2007 ATTACHMENT A D14221:r. \ka:a9ISVP. ‘4111,5 HEP \VORTH - PAWLAK GEOTECHNICAL DEBRIS FLOW AND FLOOD HAZARD STUDY PROPOSED WILDRIDGE COMMERCIAL CENTER TRACT Y, MOUNTAIN STAR, FILING 3 AVON, COLORADO JOB NO. 100 339 JANUARY 9. 2004 PREPARED FOR: TCL REALTY, INC. do VICTOR MARK DONALDSON ARCHITECTS ATTENTION: CRIS JUERGENS P. 0. BOX 5300 AVON, COLORADO 81620 Parker 303-841-7119 • Colorado Springs 719-633-5562 • Silverthorne 970-40",- ATTACHMENT A TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY 1 BACKGROUND INFORMATION 1 HYDROLOGIC SETTING 2 PROPOSED STORMWATER CONTROL FACILITIES 2 POTENTIAL DEBRIS FLOW AND DEBRIS FLOOD AREAS 3 REVIEW OF PROPOSED STORMWATER CONTROL FACILITIES 4 RECOMMENDED DESIGN HYDROGRAPHS 4 GEOTECHNICAL CONSIDERATIONS FOR MITIGATION 5 FAN DEPOSITION CHARACTERISTICS 5 DEBRIS STORAGE FACILITIES 6 CONVEYANCE STRUCTURES 6 DEBRIS STRAINERS 7 DEFLECTION STRUCTURES 7 DIRECT BUILDING PROTECTION AND FLOOD PROOFING 7 LIMITATIONS 8 REFERENCES 10 FIGURE 1 - AVON AREA DRAINAGE BASINS WITH LARGE ALLUVIAL FANS FIGURE 2 - TRIBUTARY DRAINAGE BASINS WITH ALLUVIAL FANS FIGURE 3 - PROPOSED STORMWATER CONTROL FACILITIES FIGURE 4 - BASIN AREA AND BASIN ROUGHNESS TABLE 1 - RECOMMENDED HYPERCONCENTRATED FLOW PARAMETERS TABLE 2 - ALLUVIAL FAN DEPOSITION CONSIDERATIONS APPENDIX A - DEBRIS FLOW AND FLOOD NOMENCLATURE AND CHARACTER ATTACHMENT A PURPOSE AND SCOPE OF STUDY This report presents the findings of a debris flow and flood hazards study for the proposed Wildridge Commercial Center, Tract Y, Mountain Star, Filing 3, Avon, Colorado. The project site is in the lower reaches of the Metcalf Creek drainage basin, see Figure 1. The purpose of our study was to identify potential debris flow and flood areas that could effect the proposed development and to develop geotechnical recommendations and criteria to be used by your architect, civil engineer and structural engineers in evaluating the feasibility of debris flow and flood mitigation and in preliminary mitigation design. The service was performed in according to our September 19, 2003 proposal to TO., Realty, Inc. The potential debris flow and flood areas tributary to the project site were identified and mapped based on a field reconnaissance on November 11, 2003, on aerial photograph interpretations, drainage basin analysis and our experience in the area. We have reviewed the preliminary drainage study for the project site by Peak Civil Engineering (1998) and the currently proposed stormwater control facilities for the project with respect to potential debris flows and floods. This report summarizes our findings and presents our conclusion and recommendations. BACKGROUND INFORMATION Hepworth - Pawlak Geotechnical has performed previous geologic and geotechnical studies at the subject site. These studies include: • Geologic Site Assessment and Preliminary Geotechnical Study, Tract Y, Metcalf Road, Avon, Colorado, dated May 9, 1996, Job No. 196 181. • Geotechnical Engineering Study, Proposed Wildridge Commercial Center, Tract Y, Mountain Star - Filing 3, Avon, Colorado, dated July 25, 2003, Job No. 100 339. ATTACHMENT A - 3 - parking areas. The proposed stormwater control facilities have been sized to handle estimated clear water runoff from the 100-year, 24-hour general storm (Peak Civil Engineering, 1998). POTENTIAL DEBRIS FLOW AND DEBRIS FLOOD AREAS Drainage basins that produce debris flows and floods usually have alluvial fans in their lower parts. Debris flows and debris floods are high sediment concentration flows and, because of their high sediment contents, behave differently than water floods and require different mitigation measures. A discussion of debris flow and flood nomenclature and characteristics is presented in the attached Appendix A. Geologically young alluvial fans tributary to the proposed development that are potential sites of future debris flows and floods associated with unusually intense thunderstorms are shown on Figure. 2. Study of historic debris flows and floods by Coe and Godt (2003) shows that the Milton Number, which is a measure of basin roughness, can be used to identify drainage basins which characteristically produce only debris floods (Milton Numbers less than 0.35) and basins that characteristically produce both debris floods and debris flows (Milton Numbers greater than 0.35). Drainage Basin B la, Metcalf Creek, is the only drainage basin tributary to the proposed development with a Milton Number characteristic of a basin that only produces debris floods. All of the other basins with alluvial fans tributary to the proposed development have Milton Numbers characteristic of basins that produce both debris flows and floods. Debris flows and floods on the alluvial fans at the project site appear to be infrequent but without long-term observations (which are not available) it is not possible to estimate statistical recurrence probabilities with a high level of confidence. Small debris flows and floods occurred on some alluvial fans in the Avon area during a thunderstorm in the summer of 2002. These flows did not result in major damage and did not occur on the fans at the project site. In our opinion, the debris flow and flood ATTACHMENT A - 2 - HYDROLOGIC SETTING The proposed Wildridge Commercial Center site is located near the alluvial fan head of Metcalf Creek, an ephemeral stream, and the confluence of a major ephemeral tributary to the creek, see Figure 1. Drainage Basin B la, upslope of the Metcalf Creek fan head, covers about 2,298 acres and Drainage Basin B lb, upslope of the major tributary, covers about 338 acres. Preliminary development plans, at the time of this study, show that the commercial center will consist of three multi-story buildings, driveways and three parking areas at different levels adjacent to the buildings, see Figures 2 and 3. Because of the steep slopes at the project site considerable grading and several retaining walls will be required for the proposed development. The existing previously improved Metcalf Creek channel passes along the west side of the property between Metcalf Road and the western property line. Some modification to the existing Metcalf Creek channel is proposed and the lower parts of the major tributary will be modified considerably by the proposed development grading. The proposed development grading will also modify several small alluvial fans below Drainage Basins A4 through A7 along the east side of the property. These smaller basins cover between about 3 and 6 acres. PROPOSED STORMWATER CONTROL FACILITIES It is presently proposed to convey stormwater runoff in the improved Metcalf Creek channel below the proposed driveway from Metcalf Road in a 7-foot diameter, 190-foot long culvert, see Figure 3. Stormwater runoff from Drainage Basin B lb upslope of Building 3 will be routed through the upper detention pond to the lower detention pond through a 2-foot diameter subsurface storm drain. Runoff from the valley sides in the northern part of the development will be intercepted by surface diversion ditches and routed through the upper detention pond. Stormwater from the valley side in the southern part of the development will be intercepted by surface diversion ditches and routed directly to the lower detention pont through a 1.5 foot-diameter subsurface storm drain. This storm drain will also collect runoff from the upper and middle level ATTACHMENT A - 4 - risk and mitigation design for the proposed development can be evaluated by sediment bulking the 100-year thunderstorm hydrographs as discussed in the Recommended Design Hydrographs section of this report. Many governmental regulatory agencies will accept a mitigation design philosophy that permits some damage associated with natural hazards with statistical recurrence probabilities of 100-year and longer provided there will be no major structural damage or loss of life. REVIEW OF PROPOSED STORMWATER CONTROL FACILITIES The proposed stormwater control facilities shown on Figure 3 will probably not be appropriate for debris flow and flood mitigation without some modifications. Recommended debris flow and flood parameters that can be used in evaluating the feasibility of the mitigation are presented in Table 1. Hydraulic analysis is recommended to evaluate if the proposed culvert and improved channel along Metcalf Creek are adequate for the design debris flood from Basin B la. If sufficient debris storage capacity can be developed in the proposed upper detention pond, then this facility should be an appropriate mitigation for potential debris flows and floods in Drainage Basins Blb and Al through A4. The proposed surface diversion ditches that intercept stormwater runoff from Drainage Basins A5, A6 and A7 and the associated subsurface storm drains will likely not be an effective mitigation. Debris flow and floods from these three basins appear to have the potential to damage all three buildings and could potentially harm the buildings. Geotechnical considerations for debris flow and flood mitigation are presented in the Geotechnical Considerations for Mitigation section of this report. RECOMMENDED DESIGN HYDROGRAPHS Design hydrographs for debris flows and floods on the alluvial fans at the project site can be developed by sediment bulking the 100-year thunderstorm hydrographs for the drainage basins upslope of the fan heads. Sediment bulking should be considered for total flow volume and peak discharge. Recommended bulking factors are presented in ATTACHMENT A - 5 - Table 1. Design thunderstorm hydrographs are typically based on intense, short duration rainfall of about one to two hours. Runoff curve numbers typically used in estimating direct runoff for the 24-hour general storm are not appropriate for estimating direct runoff from thunderstorm rainfall. Guidance in selecting appropriate direct runoff curve numbers for design thunderstorms can be found in USBR (1977). GEOTECHNICAL CONSIDERATIONS FOR MITIGATION Several methods are typically used in mitigation of debris flows and floods. These include storage, conveyance, deflection, direct building protection and flood proofing, or a combination of these methods. The character of potential debris flows and floods on alluvial fans at the project site and geotechnical considerations for mitigation applicable for the proposed development are discussed in the following sections. FAN DEPOSITION CHARACTERISTICS After leaving the confined channel at the fan head, debris flows and floods decrease in velocity and usually start to deposit on the fan. It is not possible to predict the path that a debris flow or flood will take as it travels down the fan, therefore the entire fan surface should be considered in the potential floodway, but the entire fan surface is usually not affected by an individual flow. Flow depths on the fans typically are from 1 to 6 feet with the greater depth for debris flows near the fan head on the large fans. In considering design volumes for mitigation of the project, an allowance for fan deposition is appropriate for the fan area upslope of the analysis point, see Table 2. Another consideration associated with debris flow and flood deposition is the potential for development of new fans at abrupt grade changes or high-angle channel bends. New fan deposition should be expected where potential debris flows and floods from Basin AS, A6 and A7 encounter the proposed buildings or flow over the proposed 17I ATTACHMENT A - 6 - retaining walls. The potential deposition depths will depend on design flow volumes and should be further evaluated when this information is available. DEBRIS STORAGE FACILITIES Debris storage facilities are usually excavated basins behind earth or concrete dams located near the fan heads but other storage facilities may include open spaces and parking areas if deposition of mud and debris are acceptable in these areas. The basins are sized to store the design debris flow and flood sediments and usually have facilities to pass water floods. The site of the proposed upper detention pond is a suitable location for a debris basin if sufficient storage volume can be developed. Because of the steep valley sides near the fan heads for Basins A5, A6 and A7 debris storage basins do not appear feasible for these basins. Different approaches should be used in estimating storage volumes for debris flows and floods. When a debris flood reaches the storage facility, coarse rocks carried in suspension will settle and segregate from the fluid matrix, but this is not the case for debris flows. The coarse rocks in a debris flow will not segregate from the fluid matrix even when the debris flow stops. When sizing debris storage facilities for a debris flood it is appropriate to estimate the design storage volume to be about 25% of the total design debris flood volume, if a decant structure is part of the storage facility design. Sediment segregation at the storage facility should not be relied on when sizing debris storage facilities for debris flows and the total design debris flow volume should be used. CONVEYANCE STRUCTURES Debris conveyance structures consist of open channels and large diameter culverts. Hydraulic analysis for sizing and design of debris conveyance structures should use a method that accounts for the large rock debris, the viscosity and shear strength typical of debris flows and floods. It has been shown that traditional water flood design ATTACHMENT A - 7 - analysis considerably undersizes culverts for the conveyance of debris flows (Molinas and Others, 2001). Conveyance structures may be an effective mitigation for design debris flows and floods from Drainage Basins B lb and Al through A4 if sufficient debris storage capacity can not be obtained at the proposed upper detention pond site. It also may be feasible to mitigate the design debris flows and floods from Drainages Basin A5 and A7 with open conveyance channels. This would require constructing the channel for Drainage Basin AS on the adjacent property to the east. A conveyance structure for mitigation at Drainage Basin A6 does not appear feasible. DEBRIS STRAINERS Debris strainers are used to reduce debris flow and flood energy and to improve the hydraulic characteristics by separating rock and organic debris from the flows. They 1 are typically located in the approach channels above the fan head or at debris basin emergency spillways. Debris strainers can consist of reinforced concrete, steel or high capacity wire rope structures. Strainer spacing is typically about 1.5 times the maximum design rock debris dimension. Debris stainers are usually used in conjunction with debris conveyance structures. DEFLECTION STRUCTURES Debris deflection structures are used to direct debris flows and floods away from facilities requiring protection. They are typically located at the fan head and deflect the flow to a part of the fan where debris deposition is acceptable. Detention structures can be earth berms or reinforced concrete structures. Flow velocity and impact angles are important factors in the design height of deflection structures and it is advantageous to keep the impact angle as small as practical. 1 DIRECT BUILDING PROTECTION AND FLOOD PROOFING If debris storage, conveyance and/or deflection are shown not to be feasible mitigations ATTACHMENT A - 8 - for the project, then it may be possible to provide a reasonable level of protection for the proposed buildings and their occupants with direct building protection and flood proofing. However, this method of mitigation will not prevent potential damage associated with deposition of mud and debris adjacent to the buildings nor will it protect people who are outside the building. These risks must be accepted with direct building protection and flood proofing. With direct protection and flood proofing, building walls exposed to debris flows and floods are designed to resist impact and deposition loads. This usually requires that doors, windows and other structurally weak areas be located above the anticipated deposition and flow depths. Flow velocity and impact angles are important factors in the magnitude of impact forces and it is advantageous to keep the impact angle as small as practical. Abrupt grade changes and flow direction changes can result in deep debris deposits and high deposition loads. Considering the currently proposed stormwater control facilities shown on Figure 3, relatively high design impact pressures and deposition loads should be expected at the east wall of proposed Building 3. Also, relatively deep debris deposits and high deposition loads should be expected near the southeast corner of Building 3 near Analysis Point AP3 and below the proposed retaining walls near Analysis Points AP4 and AP5. Without additional mitigation, debris deposits could be between 5 to 15 feet deep near Analysis Points AP3, AP4 and AP5 depending on the design debris flow volumes. Design debris deposition depths, deposition loads and impact pressures should be determined when the design debris flow and flood volumes for the drainage basin are available and the location of other militation facilities such as storage basins, conveyance structures and deflection structures have been determined. ti LIMITATIONS This study was conducted according to generally accepted geotechnical engineering principles and practices in this area, at this time. We make no warranty either express ATTACHMENT A 1 - 9 - or implied. The conclusions and recommendations submitted in this report are based on our field observations, aerial photograph interpretations, drainage basin analysis and our experience in the area. This report has been prepared exclusively for our client and provides geotechnical information that can be used by his architect, civil engineer and structural engineers for feasibility evaluations of debris flow and flood mitigation and for preliminary mitigation design. As the mitigation design evolves, we should review the proposed mitigation plans to determine if they are consistent with the intent of the recommendations presented in this report and to provide additional geotechnical design information as needed for the mitigation design. We are not responsible for technical interpretations by others of our information. Respectfully submitted, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Ralph G. Mock Engineering Geologist and by: Daniel E. Hardin, P. RGM/ksw N;riioNAL Elk kflobtfint404*. Peak Civil Engineering - Attention: Romeo Baylosis Monroe & Newell Engineers - Attn: Peter Monroe CC: ATTACHMENT A 1 1 1 1 1 1 1 1 - 10- REFERENCES Coe, J. A. and Godt, J. W. , 2003, Historic Debris Flows along the Interstate 70 Corridor in Clear Creek County, Central Colorado in Engineering Geology in Colorado - Contributions, Trends and Case Histories, Boyer, D.D., Santi, P. M. and Rogers, W. P. editors: Colorado Geological Survey Special Publication No. 15. Molinas, A. and Others, 2001, Debris Flow Simulation for Highway Cross Culverts: Transportation Research Board 80' Annual Meeting January 7-10, 2001, Washington D.C. (Paper No. 01-2520). Peak Civil Engineering, 1998, Preliminary Drainage Study, Wildridge Commercial Center, Tracy Y, Mountain Star Filing No. 3, Avon, Colorado: Prepared for Lundell Architects and Associates, Avon, Colorado. USBR 1977, Design of Small Dams: U. S. Department of the Interior, Bureau of Reclamation, Washington D. C. ATTACHMENT A C C 1 Wildridge Commercial Center Site - iiViTili* ( / Metcaf Creek Bla 2,298 ac. it. v. 4 4 /9 B1 b 338 ac. 410 B2 , 147 ac --"%r.. - Avon N.4,.. i '..t: .1.1/4::,,,n N , ,P ' *,`• N. ' N1/4 - ..7.:-. ... Buck Creek B5 3,090 ac. Nottingham Gulch Swift 2 Gulch ,211 ac. B6a 497 ac. B8 293 ac. B10 ac. 119 ... , ' ••• .. Nki1/4-: •.. _ Explanation: r-----1 i Notes: Large Alluvial Fan: Approximate location of the larger 1. alluvial fans on the north valley side in the Avon area. Drainage Basin Boundary: Approximate boundary 2. of drainage basins above the larger alluvial fans on the north valley side in the Avon area. Drainage basin numbers are the same as those shown on the 1994 Town of Avon Master Drainage Study by Inter-Mountain Engineering. 0 In addition to the larger alluvial fans 4,000 ft. — and drainage basins shown on this Scale: 1 in. = 4,000 ft. figure, there are also several other smaller fans and drainage basins on January 2004 the north valley side in the Avon Area. 100 339 HEPWORTH-PAWLAK GEOTECHNICAL, Inc. Avon Area Drainage Basins with Large Alluvial Fans Figure 1 ATTACHMENT A C C Basin Bib 337.81 ac. Metcaf Creek Basin Al Basin Bla 1.82 ac. 2298.15 ac. Basin A2 ...------//'---" 1.96 ,----- ac. -------________ ___..------- ----Basin A3 3.19 ac. Basin A4 4.54 ac. , Basin A5 li is .... - r- .,.. 6 23 ac. -----....„.. Basin A6 Property '.\ S 7 Bou Ty 4.14 ac. Basin A7 /.. i 3.12 ac. { 8 0 ^, \ Explanation: Notes: 1 Alluvial Fan: 1. The 13-series of basins and fans are the Alluvial fan with drainage basin large basins and fans shown on Figure 1. tributary to project site. 2. The A-series basins and fans are Drainage Basin Boundary: smaller basins and fans on the eastern Approximate boundary of drainage valley at the project site and are not 0 basins above alluvial fans tributary to shown on Figure 1, I 1 300 ft. 1 project site. Scale: 1 in. = 300 ft. Contour Interval: 2 ft and 50 ft. __I----- Proposed Building Site: I 1 I January 2004 I i 100 339 HEPWORTH-PAWLAK GEOTECHNICAL, Inc. Wildridge Commercial Center Tributary Drainage Basins and Alluvial Fans Figure 2 C C C C C ATTACHMENT A C C L 1 0 Property Boundary , a) Fan A3 co It 3 tn 1 If Proposed Upper Detention Pond 7.0 ft Cutvert P roposed 2 ft Storni Drain inlet IProposed I \ryr4 Fan A4 0130164__A4 I 3 411"11111h Bldg. Fan A5 Cnall Il e ie" P...5 mr o cr 3 4 a) c ."- Upper 81 • ...... YINIaa....11n.....V.A....sama., 1 Driveway I [I . Fan A6 • i • II i Parking Channel B1 a ---+ --+ Lower Parking Bldg. 1 Middle , : / I ( _j ----7 .----: : Parking I j7 Level . r_ 1 Bldg. 2 \ ft. St \ 0 Proposed 1.5 orm Dain .1 co Inlet a\l". \16' A i „Et,' AP5 • : ' , ,.-111. .. Ch_ 1 --..:1_/. - Winne, 1 i Lower 1.5 ft. and 2.0 ft. ,s9,N typ Proposed Prelmed Detention Pond Storm Drain Outlets N Property Boundary v....... Explanation: 7 Alluvial i Parts Fans: of alluvial fans that will not be —I Proposed Detention Ponds modified by the proposed grading. -+ Debris above Existing > > Proposed Surface Diversion Ditches Flow and Flood Channel: debris flow and flood channels ----- Proposed Subsurface Storm Drains ° fan heads. Existing Channel B1a I i 100 ft. I has been modified and improved from its area. previous Proposed Retaining Walls Scale: 1 in. = 100 ft natural condition in the project Contour Interval: 2 ft Analysis Point January 2004 100 339 HEPWORTH-PAWLAK GEOTECHNICAL, Inc. Wildridge Commercial Center Proposed Stormwater Control Facilities Figure 3 ATTACHMENT A 2.20 2.10 2.00 1,90 1.80 1.70 1.60 1.50 1.40 1.30 1.20 1.10 1.00 0.90 0.80 0.70 0.60 0.50 0.40 0.30 0.20 0.10 0.00 - 10000 00 1000.00 10.00 1.00 • 100.00 Basin Area (ac) • - 1-- _ . -I,- T- 141 +- X A x w t 1 I+ - .-2-111'41 x + A07 it ACK1 • 4 X -4 x •r4 ,s, ----*---- __A_ -,- x -xrasi - -i-lx-- ili 4-- x -7r Aciy, Debris Flows 1 . _ .__ _ _ Jii3W. . _ __ * . _. _..... and Fl?ods• MD ____. • P, • a -..- . , r. - . AI _ Debris .-- -i -I- -1 Floods • f r 1 II.' . • • . (C) O I m m o -13 M o m z Fix > r- > P Basin Area and Basin Roughness Jaluao lepiawwoo a6puppm 2.20 2 10 2.00 1.90 1.80 1.70 1.60 1.50 1.40 1.30 1.20 1.10 1.00 0.90 0.80 0.70 0.60 0.50 0.40 0.30 0.20 0.10 0.00 Basin Roughness Coeff. (Milton No.) Ns am sr Um is so or ow sr ow am so am sme am as rn Historic Colorado Debris Flows and Floods Basin Area - Basin Roughness Historic Debris Flows and Floods: • Gypsum (Summer 1999 and 2000) • Watrous Gulch (Jul. 28, 1999) • Snowmass Canyon (Sep. 1997) • Virginia Canyon (Aug. 1994) • Stormking Mtn. (Sep. 1, 1994) x Glenwood Springs (July 24, 1977) Drainage Basins Tributary to Project ATTACHMENT A Parameter Water Flood Debris Flood Debris Flow Bulking Factor Bulking Factor Bulking Factor Total Flow Volume (1) 1.0 1.5 1.8 2.0 2.7 Peak Discharge 1.0 Job No. 100 339 HEPWORTH-PAWLAK GEOTECHNICAL, Inc. Table 1 Wildridge Commercial Center Recommended Hyperconcentrated Flow Parameters Design livdrograph Sediment Bulking: Fluid Matrix Parameters: Parameter Water Flood Debris Flood Debris Flow Volumetric Sediment Content (Cv) Cv= 0.20 Cv = 0.45 Cv = 0.55 Fluid Unit Weight 85 pcf 110 pcf 120 pcf Shear Strength 0 pcf See Note 2 See Note 2 Viscosity 5 lbs-sec/ft2 See Note 2 See Note 2 Sediment Volumes and Character: Perimeter Water Flood Debris Flood Debris Flow Fluid Matrix Volume (water and sediments less than 1 inch) 100% 80% 65% 35% N/A 3 ft 1 ft Rock Fragment Volume (rocks greater than 1 inch) 0% 20% Maximum Rock Dimension Basin Bla Metcalf Creek N/A 3 ft Maximum Rock Dimension Basin Bib N/A 1 ft Maximum Rock Dimension Basins Al through A7 N/A 1 ft N/A - Not applicable Notes: 1. Total volume includes water and sediment but no organic debris. 2. Shear strength and viscosity should be calabrated for hyperconcentrated flow models used for specific analayis. ATTACHMENT A Job No. 100 339 HEPWORTH-PAWLAK GEOTECHNICAL. Inc. Table 2 Wildridge Commercial Center Alluvial Fan Deposition Considerations Analysis Point (1) Drainage Basin and Associated Fan Percent Design Debris Flow and Flood Volumes Past Analysis Point Analysis Pont API Bla 100% Inlet for proposed Metcalf Creek culvert Analysis Point AP2 Inlet for proposed upper detention pond B1 b - 100% -- 15% Al A2 20% A3 15% A4 35% Analysis Point AP3 A5 55% East wall of Building 3 and retaining wall at upper parking level Analysis Point AP4 A6 95% Retaining wall at upper parking area Analysis Point AP5 A7 100% Retaning wall at middle level parking area Notes: 1. See Figure 3 for location of analysis points. , I 4 a a ATTACHMENT A 1 1 1 1 APPENDIX A DEBRIS FLOW AND FLOOD NOMENCLATURE AND CHARACTER Debris flows and floods are high sediment concentration flows (hyperconcentrated flows) with volumetric sediment concentrations (Cv) between about 20 and 63%. Because of their high sediment concentration hyperconcentrated flows behave differently that water floods with Cv less than about 20%. Hyperconcentrated flows in Colorado typically result from rapid runoff associated with short duration, unusually intense thunderstorms between June and September, and some have resulted from rapid melting of an unusually heavy snowpack in the late spring. The high sediment concentrations are associated with small colluvial landslides in the steeper parts of the drainage basin and channel destabilization and scour. In addition to water, soil and rock debris hyperconcentrated flows typically incorporate brush, logs and other organic debris. Flow routing analysis and mitigation commonly used for water floods are not always applicable for routing analysis and mitigation of hyperconcentrated flows. DEBRIS FLOODS Debris floods typically have Cv between about 20 and 45%. They flow at relatively high velocity and are capable of transporting boulders primarily as bedload. The course soil particles and rock debris carried in suspension settle when flow velocity decreases. Debris floods have fluid matrix viscosities and shear strength somewhat higher than water floods. They spread easily on relatively flat surfaces. DEBRIS FLOWS Debris flows typically have Cv between about 45 and 63%. They flow at lower velocities than debris floods. They have high fluid matrix viscosity and shear strength, and are capable of transporting boulders by rafting at the flow surface. Because of flow matrix viscosity and shear strength, debris flows form lobe-shaped deposits that stand above the deposition surface and they also form natural levies along the flow margins. The coarse soil particles and rock debris carried in the fluid matrix do not settle when the flow stops. Debris flows are capable of traveling relatively long distances on relatively flat slopes but as a general rule debris flow will typically stop on slopes less than about 5%. .1 ATTACHMENT A 02:27/2006 15:22 9709494054 MONROE E NEWELL PAGE 01 b5/13/2004 10;44 5705454554 MO\-3LE hEUELL ENG:NF PAGE 01/0S HEPWORTH - PAY_A J -H NI 41. April 13, 2004 TCL Realty, Inc. c/o Victor Marls Donaldsoi-i texts Attn: Chris Juergcns P. O. Box 5300 Avon, Colorado 81620 Ckatcchrlicn1.1 !N.:* 54 It:VA S16,, 070.;14;--.418N r-nN. , rto,ve,,;,*0 Lpgre)tc61.C1111% Job No 100 339 Subject: Supplemental Subsoil S-udy, Proposed Wildridge Commercial Center, Tract Y, Mount:int Star — Filing 3„A.ven, Colorado Dear Mr. Juergen: As requested. Hepworth-P2rflak Geote clinical, Inc. prformed Fi subsoil study for design of foundations at the suiect site. The study was authorized by Chris Juergens on March 24, 2004 and is a supplerienj to our previous geotec Inical engineering study performed at the site, report dated July 25. 2003, Job No. 100 339. The supplemental study was needed due to a change in the proposed constructio:i :Ind to evaluate the feasibility of a spread fooling foundation for the proposed Building Proposed Construction: Tie.- proposed construction has changed somewhat since or previous report. Two buildings, Buildings I and 2 iocated on the site as shown on Figure 1, are now planned_ The buildings vies be four story structures with siab-on-arade ground floors. The lowest level of Building l will be a ful . t aseinent level with a finish floor elevation of 7580 feet. The lowest level of B-ullding 2 will be a walk-out basement daylighting to the west with a finish floor elevaor. cf 7605 feet. Cut depths will range up to about 20 feet at Building 1 and up to about 3:> feet at Building 2. Minor fill is proposed below the buildings. It is planned to foulic: Building I on a reinfOrced monolithic slab foundation and Building 2 on spro;Lel footings depending on the findings of this supplemental study. Foundation loadings for buildings are assumed to be moderate to relatively heavy. Lfbuilding conditions or foundation loadings are s gnifica.ntly different from those described above, we should he notified to re-evaluat: the recommendations presented in this report. Site Conditions: The site conditions are similar t) ' hose discussed in our previous geotechnical report Portions of the :itc may be sub ected to debris flows during intense Parker 303.44i-7119 • Colorado Springs 719.633-5562 • Silverthorne 970468-1969 ATTACHMENT A =7'2006 15:22 9709494054 05/13/2004 10:44 9709494054 PAGE 02 PAGE 02/O9 thunderstorms, We are in the process evaivatinz t71: debris flow potential for the current development plan and will prov: de our gs under separate cover. Subsurface Conditions: The st.thsurface condition` for the tithe suppleental study were evaluated by drilling two exploratory. bop nes. Borir.,r, 10 and 11, locations shown on Figure 1. Locations of OUT pltVi01.15. borin as at the site are also shown on Figure 1, The borings wore drilled with 4 inch clia.rr eittr'augeT.- powered by ca CAME 45 ck mounted rig. The =CI:. ng was ry-..zderl to the. hilly terrain but the drill rig could tra not access the proposed southeast corner of Buildin!:: due to the steep hillside. Graphic logs of the subsurface conditions encounteter in the borin ,.ts are shown on Figure 2. The subsoils, below about 1 foot of organic tops )1., consist of medium dense, si,lty to Silty clayey..and with shale fragments to cobb e and small boulder size underlain at very depths of about .2 to 33 feet by siltsteraticia-ystone shale bedrock. The shale bedrock was weathered and fractured, becoming. ve-y hard with i..pth and extnded. to the maximum depth drilled of 4.1 feet. Results of swell-consolidation testing performed on a relatively undisturbed sample of the Subsoils, presented on Fizure 4, indicate low compressibility when loaded and wetted. The la'ooratory testing is sununarized in Table I . Free water was encountered in Boring 10 at a depth cf about feet No free water was encountered in Boring 11 to the drilled depth of 30 ftet, The subsoils were slightly moist to moist with depth and the bedrock was generally moist. Discussion: The subsurface conditions encountered in. Borings 10 and 11 arc similar to those encountered in the previous borings in the ail:anti! 2 arca. Bedrock could be encountered ira the southeast corner o-.?Building 2 excavation. It should be feasible to found Building 2 with spread footings with some tis of differential settlement, primarily due to the variable depth of soil below bearing lev el and if the bearing soils become wetted. Recommendations for a spread footing fo ar dation design are provided below. I Due to the more compressible subsoils and a higlier potential fa: settlement, Buildin7 should be founded with a monolithic slab as planner. and designed using the o recommendations presented on pages 6 and 7 of our geotechnical report. A monolithic slab foualdation. could also be used for support of :31.ilding 2 to reduce the differential settlement Potential and risk of long terra buildin€ distress_ Foundation Recommendations: FVTI3uilding 2 spread footings placed ou the undisturbed natural soils and (or bedrock if encountered) designed Toren fo an allowable bearing preLsure of 2.500 psf can be used for Lou ac.ation support. earing soils naay ,••n•n•n••••• Job No Gi-Gstech ATTACHMENT A PAGE 03 PAGE 03/09 -1-!'JELL Y.C.,RCE HEWELL ENGINF 02/27/2006 15:22 9709494054 05/13/2004 1,0:44 9709494054 - 3 - tend to compress after wetting and there could be soar.: post-cvlstr.action foundation settlement. Precautions should be taken to prevent ‘,e titre of the bearing soils. • I l'ootings shoUld be a minimum width of IS inches for eontinuous walls and 2 feet for I columns, PLI topsoil and loose or disturbed soils en:cuntered at the foundation bearing level within the excavation shoi.ld he rerno\,ecl arid -hr: footing bearing level extended down to the undisturbed natu7a1 soils. Exterior font) .p should, be provided with adequate I cover above Their hearing elevations for frost protection. Placement of footings at least i 48 inches below the exterior grade is typically used ir. this area. Continuous foundation I walls shouldibc heavily reinforced top and hotom toepan local imomalies and better withstand t1. 1 effects of some differential settlernen: uch as by assuming an unsupported length of at least 14 feet. Continuous foundation wals ratherthan isolate settlem d coluron pads should be used as much as practical to help limit th!. ilsk of differential ent. Foundation walls less than 20 feet in beiRlot acting is retaining stucnrres should be designed to resist a lateral ear.li pressue based on :in equivalent fluid unit weight of at I least 55 pcf for the on-site soil as bacilli, as previou;ly recoranlendd. Foundation walls greater Than 0 feet in height acting as retaining structures should be designed to resist a 12 lateral earthlloading based on a unlIfortn. pressure of •:.7 H in psf wherell is the wall height in feet. I 1 I Other appliCable recommendations presented in mr. :Previous geotechnical report relating to Door slabs retaining wall undercirains, surface di ainage, site gilding and. pavement section desins should be observed. Limitationti This study has been conducted in accordance with generally accepted geotechbol engineering principles and practices :n this area at this time, We make no warranty eiiher express or implied. The conclusion!: and recommendations submitted in this report are based upon the data obtained frornilv; exploratory borings drilled at the locations irldicated on Figure 1, the proposed type a:construction, and our experience in the area, OLT services do not include determining il .e presence., prevention or possibility of mold or t.lier bioloclical contamiriants (1\ ./10BC) ceveloping in the future. If the client is concerned about MOSC, then a professional in this special field of practice should be consulted. Our findings include interpolation and c:ctrapolation of the subsurface conditions :dentifled at the exploratory borings ar d variations in the subsurface conditions nay not become ovick.nt until exavat-1.01.. is performed. if conditions ericountere Z during constnnction appeal- different From those described in this report, we ka,ould beo0 ed at once so re-evaluation of the rceommendations may be made. ••••n•n •n•n• ATTACHMENT A PAGE 04 PAGE 04/09 kl:INPOE 8, NEWELL MONROE NEWELL ENG:NF 02/27/2006 15:22 9709494054 05/1 i/2004 10:44 97139494050 This report ha are not respon project. evolve oonstruction t verify that th changes may presented h bearing strata engineer.. been prepared ib: ex.;iv.sive use by ..iur client for design purposes. We ible for technical interpretations by others of our information. As the we should pro,..ide continued consul it ion and field services during review =6 711 tht ...iriplerneniatioi. of our recommendations. and to rccornroendat ens have beer. appropii ittly interpreted. Significant design quire additional analysis. nr modi.Bca.icris to the recommendations in. We recommend on-s,te observaticn of excavations and foundation and testing of str.icturel fill by a repre, 7:Wive of the eeotechnical If you have • y questions or if we may be of further assistance; please let. us I IOW. Respectfully ubmitted, .1-1E.P al• David A. Yqung, Reviewed 'o fit os W4RE1 S1N CAL, INC. Steven L. P DAY/ksw attacluneni. cc: NW P P.E. Figure 1 - Location of Exploratory Borings Figure 2 - Logs of Ex; loratory Bor.nis Figure 3 - Legend and Notes Figure 4 - Swell-Consoiidation Test ltestilts Table 1 - Summary of Laboratory ....est Results oe & Newell Enginctrg - Attn.: Peter Monroe Civil Engineering — Attn: Romeo Bayl)sis Job No ATTACHMENT A 02/27/2006 15:22 9709494054 05/13/2004 10:44 949494054 MONROE hEWEL_ ENG:NF PAGE 05 PAGE 06/09 1 AP? RoXIM ATE SCALE 640 7650 7$8::: 75E0 50 7'6 1 1" rz. 50. \ 1 \ 1 .. .1 i ; ' 1 1.1-GE, BDRING DRILLED 170R CURRENT /. : :.‘ 3130P.DINYG DRILLED FOR PRELIMINARY 'Y . / SI-Jr..`,Y IN 1996, JOB NC. 196 181, 7-RACT, 0 BORING DRILLED FOR GEOTECHNICAL / j , sTur,y IN 2003, JOB NO. 100 339. • i , , .,..., . . • 7640 7640 / / / / \ / i/ / it /' i , , / 1 • i / \ I / I / METCALF ROAD 1 \ \ \ `\' \ \ I / \ \ , \IBORIN \ \ \ 1 I, \ , ' i / -- •••, l \ I 1 \ \. \.\ / / / ,1 1 \ I I -N , 1 I i \ \\"-... -- / x a0P,ING 2-96 I @ORIN& 10 •-r•i,3ASLiAtO: i• 1 BO n,,„„,..2 ' n ...--.'-' i•:74:9()1tY.•:-.• BOR • ING 7 .L _ .f.= 0 . ' 7 5 Q::.: : / 1 / - /7630 i r.Ropost...D. KRING 5-00 _\ / / i \\ i j i / 1100174...:i. l I i / •B/aENT. r // \ \ :':.:4.6.1r`).P.AP..: 0/ I I / / / , / .7.-:-:•7.5B.0:-•:.: PROPOSEd. / / / / / ir .• -•-'1.:•::':: ' •••••••••..:•:•; . // .s_oaR-...... \ • • /- // i l //// //770 / / • PARKING '107 , '1:-1.11:6'.::::::: . BORING N-00 l • .::.N.:.".:'•• • / ''...•'; BOiRING ' \ 1 , i.i.÷.0.,.:::,.:::..:.....:_i / ,/ / 1 / / , / / / , i / / / / / / ( / / / / ' / / , / 1 i I .......- • / / // / / / / / / / / i / / / / /1/ / / / / , / / / 1 // . / /7 / / / I ,/ / / / , ) / / / / / , t / / / / / // li /1 /771010 // /1 // /// // / / / ' / • / / / , / ' / / / / / / / i ' / r I / / / / 1 , 772°7171410 / i / / I ...L., i / i I 7640 i----r— r / 7' - 7-7 I I 75:.0 7600 7620 7660 7680 \ \ \ \, \'‘ I 7 201 \ \ 7500 , \ \1 11 • \11 l " \ 1 I=a1 ••••• 7660 \ ‘ i \ I LOCATION . EXPLORP.TOR.Y BORINGS ATTACHMENT A 7830 2%/12 7625 7620 7625 — 7620 "6 7630 9tRING '‘O EiEv.= 7628.2 7615 7615 4 ;/12 7610 .4/11 .r i8.° i 314, 5LIILDINC, 2 PR0POSE0 7605 1,0n1 05. tiC=13,500 15/12 110=7.0 )0,6132 -200=50 7595 75 5 7590 7590 SD/3 I wc=3,4 00=136 Note: Explanatio of symbols is shown on Ficure 3, 7555 Elevation - Fee 7600 HER WORTH—PAWLAK 100 339 GEOT=CHNICAL, INC. •••11111 1.11•60 ..... LOGS OF" 'EXPLORATORY BORINGS Figure 2 IMMO 7610 7605 7600 70/3 7585 S9/12 WC=s.' 00=121 -200=53 UC-2300 42/'.2 56/12 w.5! DD--z:29 55/12 36/12 C2/ 27/2006 15:22 9709494054 MONRC.1.E a NEWELL PAGE OE Z5/1 3/ 2004 10:44 9/ MUNr-c10E h EWELL PAUL 111:‘/`0 ATTACHMENT A LEGEND AND NOTES I I • 02/27/2006 15:22 9709494054 05/13/2004 10:44 9709494054 MON ROE & NEWELL MONROE HEWELL ENG:NF TOPSOIL: organic s dy silty clay, scattered ono oil:N.:1es, moist, cork brown. very silty, clayey zone, srgritly gravel y to gravelly, with cobbles, scattered small nse/sti`, slightly moist tc moist witii mixed brown. Rooks ore subangular (INF.' SHALE BEDROCK; weotnered ono t-aot..:red, Decor:ling hard with depth, SILTSTONE/C:LAYST moist, brown and SAND (Shi); silty t boulders, medium shale fragments. ray—brown. Eag.e volley ;:voporite. very PAGE 07 PAGE 07/09 Relatively undistur d drive somas; 2—i-ch i.D. California l ner sample. Drive sample blow I aunt: indicate= rat 27 blows of a 14;) pound hammer foiling 30 inches were required to drive t e Californit sandier 12 ncnes. C ,1 Free water 'oval in Depth at which Proctical drilling Ir fogad in cemeni:ed rock. boring on; numbe- of days foiiowins measurement was token_ ing hod cave:: when checked 1 day f)II >wing drilling. NOTES: 1. Exploratory borings were drilled on morel- 21. 2C:04 with c 4-i :sch diometer continuous flight power auger, 2. Locations and sievatioris of Borings 10 and 1 ": were p'oviciec by Peek Civil Engineering. Boring 11 was was moved from staked location and new I ace tibn and elevoti ,n determined by toping and instrument level survey. 3 The exploratory boring 'citations and elevations should be coriiidered accurate only to the degree implied by the method used. 4 The lines between mai.eriols shown on the exploratory borinq ogs represent the approximate boundaries between material tytels end transitions may be. aradual. 5 Water level readingsown on the logs were rr ode at the lime and under the conditions indicated. No free water was c. countered in Boring Fluctuation in water level may occur with time. I. Laboratory Testing R sults: WC — Welter Content DD Dry Density ( ^200 = Percent pasting No. 200 sieve VD .7-- Unconfined Co pressive Strength (0s0 ( "a' ) of ) Figure 3 ATTACHMENT A 2 compression 02/27/2006 15:22 9709494054 MONROE & NEWELL PAGE 08 05/14/2004 10:44 97r69494054 MONROE }EWELL ENGINF PAVE 09/09 Moisture COr.tent ..r- 5.1 \ Dry Density ,- 129 1 Sample o!.. V.iity Clayey Sand E'rogrn ent.s ' -or-i: Borins 10 at 20 Feet t • ' 1 11 ,.1 rr-i. ---- 1_ I 1 percent pcf with Snote No 'movement upon wetting i It it 100 Figure 4 LO 10 APPLIED PRESSUR: k:f ,,,,,nn,1=1./..=n1111n111111...ONNIIN! MI6 HEP ORTH —PAWL AK SWELLCOI\ SDLID ATI ON TEST RESULTS GEO CH NICAL, INC. 0.1 100 359 ATTACHMENT A en" ego ITIIIIIIIIIIIIIIIIIIN1111111111•1111111111011111111111 •111111111116111 I I Ai LI RAIL GRAD MON I FIU6TI-101 ZRITEJ DErlSilf SAM) 'PT ill4A 0 file I ry.) r./.4 10 53 121 20 X 29 40 !ell prH sla. innra, Iin1.11 AK E.( nIF r if Al. INC TABLE SLII1 MARY OF LABORATORY TEST RESULTS ATTERBERG1.711IT Itel IFAIE0 1 PIPCEN I r PLAVIE (DI IPR ESSIA PASSIM Nu :101.310 DIDIX SIM KITH I 200 SIEVE CAI rna 53 msn _ ,190 I I Very sandy clayey silt with 2 shale Iragmenls Silly clayey sand with shake . — CLaysloreisidslone shale -wra- LU (S) Very sandy clayey stU with shale frome nts Very silly clayey sand with Sate trNitsems1-n--- a A 6 O eo z ni r VOK/ET/g2 IA. !In 1 UR P4 PIM 0: 1vP1 900Z/a/Z0 F-, cn IJ IJ VS6V6V60L6 ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A MAPS ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A 150' x150'3and4storyStorage Facility50' x 170'20' tall storage50' x 200'20' tall storage50' X 70'20' tall storage50' x 170'20' tall storage25' x 35'Club FacilityStormwaterRetentionPond45' x 80'Tire facility45' x 80'IndoorLoading/offices etc.Snowstorage/EmployeeparkingATTACHMENT A 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     ATTACHMENT A Feet050100ATTACHMENT A Page 1 of 4 REVIEW CRITERIA: Section 7.16.070(f) of the Municipal Code, Final Plat Review Criteria, includes the following criteria to base a decision upon: (1) The Town Engineer shall compare the legal description of the subject property with the County records to determine that: (i) The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty-five (35) acres in size, (ii) The lots and parcels have descriptions that both close and contain the area indicated, and (iii) The plat is correct in accordance with surveying and platting standards of the State; Staff Response: The Town Engineer has approved the legal address and reviewed the technical correctness of the plat. The Town Engineer has reviewed the plat and it is in conformance with the above three criteria. (2) The final plat conforms to the approved preliminary plan and incorporates all recommended changes, modifications and conditions attached to the approval of the preliminary plan; Staff Response: Not Applicable (3) The final plat conforms to all preliminary plan criteria; Staff Response: All of the preliminary review criteria, and staff responses thereto, are included herein. See below: (1) The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible; Staff Response: There are no changes proposed to the underlying zoning standards for the property. The proposed building envelope is based upon existing topography and maintaining compliance with standards of the code. Most pertinent, the plat seeks to establish a building envelope that meets the steep slo pe standards outlined in Section 7.28.100 of the Municipal Code, Natural Resource Protection. The applicant has provided a cursory review of all other development and design standards present in the Municipal Code and has found no rising issues that would make development infeasible. A full review of development and design standards would take place with a forthcoming Design and Development Plan application. If the applicant—or a future developer—desires to develop the property in a manner that does not fit within the building envelope proposed in the application, a plat amendment to adjust the building envelope will be necessary. (2) The subdivision application shall comply with the purposes of this Development Code; ATTACHMENT B Page 2 of 4 Staff Response: The application complies with the purpose provisions of the Development Code because, among other reasons, the application restricts the location of buildings and structures by establishing building lines and locations of buildings for industrial and commercial uses within the subject property. (3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; Staff Response: The application is consistent with the Avon Comprehensive Plan. Creating a defined building envelope will inherently avoid development on steep hillsides. This inherently complies with Avon Comprehensive Plan Policy G.2.1: Identify and avoid development in environmentally sensitive areas or steep hillsides. (4) The land shall be physically suitable for the proposed development or subdivision; Staff Response: The Development Code restricts development to areas 40% and less in topography and this subdivision would comply with those standards. The standard development review process includes detailed design drawings, and review of soils report and engineered drawings for building permit. (5) The proposed subdivision shall be compatible with surrounding land uses; Staff Response: No changes to the underlying zoning are proposed. While a conceptual development proposal was included in the application, no specific development plan is being considered for approval at this time. This criteria will be fu rther evaluated at the time of development review. (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; Staff Response: Adequate utilities are available in the area for future development of this tract. (7) The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan; Staff Response: No road extensions are necessary to serve this property. Detailed utility extensions would be reviewed separately as part of a Design and Development Plan submittal. (8) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; Staff Response: No utility lines are included with this final plat as all utilities are available adjacent to the property. (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area; ATTACHMENT B Page 3 of 4 Staff Response: While a conceptual development proposal was included in the application, no specific development plan is being considered for approval along with the final plat. This criteria will be further evaluated at the time of development review. (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; Staff Response: The property is not part of a PUD and therefore this criteria is not applicable. (11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision; Staff Response: This subdivision and property abut all major utilities with capacity. If a Development Plan application is pursued the plans would be referred accordingly. (12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code; Staff Response: This subdivision does not create lots, roads, driveways or other facilities, and therefore this criterion is not applicable; provided, however, that the building envelope proposed for the subject property was designed to avoid the steep slopes on the prope rty to ensure that all construction on the property is concentrated on areas suitable for safe and efficient development and to minimize land disturbance. (13) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; Staff Response: Water and sewer service is available adjacent to the property. (14) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; Staff Response: The Drainage Report identifies appropriate best management practices to control runoff and debris flow concerns. Additionally, the building envelope to be created through the plat amendment was designed to avoid the steep slopes on the property to ensure that all construction on the property is concentrated on areas suitable for safe and efficient development and to minimize land disturbance. (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town; Staff Response: This criterion is not applicable as there are no responsibilities being assigned to the Town. The Town Certificate was updated to reflect that there are no dedications or obligations assigned with this plat. ATTACHMENT B Page 4 of 4 (16) If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and Staff Response: This criterion is not applicable as no declaration or owners’ association will be established in connection with this plat application. (4) The development will substantially comply with all sections of the Development Code; Staff Response: The creation of a platted building envelope expressly demonstrates compliance with the Natural Resource Protection standards in Section 7.28.100 of the Development Code. (5) The final plat complies with all applicable technical standards adopted by the Town; and Staff Response: The plat was reviewed by the Town Engineer for conformity with the technical standards. (6) Appropriate utilities shall provide an ability to serve letters, including but not limited to water, sewer, electric, gas and telecommunication facilities. Staff Response: The original Final Plat for Tract Y included ability to serve letters. All applicable utility entities will receive a referral of a development application if pursued. ATTACHMENT B 1 Matt Pielsticker Subject:FW: [EXTERNAL] Referral: Tract Y Mountain Star Attachments:P&P 69KV Line - Benchmark Sub.pdf From: Jeff Vroom <jvroom@holycross.com> Sent: Thursday, December 31, 2020 5:05 PM To: Matt Pielsticker <mpielsticker@avon.org> Cc: Justin Hildreth <jhildreth@avon.org>; Russ Winder <rwinder@holycross.com> Subject: RE: [EXTERNAL] Referral: Tract Y Mountain Star Matt, Without diving too deep into research, it appears that the subject property used to be federal lands administered by the Bureau of Land Management, although I haven’t spotted a corresponding land patent that transferred it to private ownership, other than the patent I sent you that appears to be for Section 1 and 12 and not Section 2. As such, pursuant to Bureau of Land Management right of way grant C‐0122598 and US Forest Service special use permit 94‐579, as well historical use, Holy Cross wishes to maintain its current road access for operation and maintenance of its existing overhead transmission/distribution lines. Any development of the subject property must take this access into account, either maintaining it in its current location, or providing alternate vehicular access to the existing road in a manner acceptable to Holy Cross. Thanks, HOLY CROSS ENERGY Jeffrey P. Vroom Engineer HOLY CROSS ENERGY 3799 HWY 82 • P.O. Box 3350, Glenwood Springs, CO 81602-3350 Phone: 970-947-5425 • jvroom@holycross.com Holy Cross Energy provides safe, reliable, affordable and sustainable energy and services that improve the quality of life for our members and their communities. Holy Cross Energy is an equal opportunity provider and employer ATTACHMENT C 2 ATTACHMENT C RESOLUTION NO. 21-01 APPROVING A MINOR SUBDIVISION APPLICATION AND AMENDED FINAL PLAT FOR TRACT Y, FILING NO. 3, MOUNTAIN STAR WHEREAS, Brian Judge, Judge & Associates (“Applicant”), on behalf of ARI Avon, LLC (“Owner”) has submitted a Minor Subdivision application and amended final plat for Tract Y, Filing No. 3, Mountain Star; and WHEREAS, the final plat has been reviewed by Town Staff; and WHEREAS, the Town Council held a public hearing and considered comments on the application prior to taking action; and WHEREAS, the Town Council finds that the proposed subdivision complies with the review criteria set forth in Section 7.16.070(f) of the Town of Avon Municipal Code, Final Plat Review Criteria; and NOW, THEREFORE, BE IT RESOLVED, 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 Town Council. Section 2. Conditional Approval. The Avon Town Council hereby approves the Minor Subdivision application and Amended Final Plat for Tract Y, Filing No. 3, Mountain Star, subject to the following conditions: 1. Prior to execution of the plat, an easement will be added for Metcalf Gulch, up to the 100-year floodplain. 2. Applicant or its successor shall address the comments from Holy Cross dated December 31, 2020, to the satisfaction of Town Staff and Holy Cross in connection with the Development Plan application for the subject property. ADOPTED ON THIS 12TH DAY OF JANUARY, 2021. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT D 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney RE: Tennessee Pass Legal Representation DATE: January 8, 2021 SUMMARY: The currently dormant train tracks that run through the Town of Avon (the “Town”) make up a part of what is commonly referred to as the Tennessee Pass Line (the “TPL”). The tracks that run along the TPL are currently owned by Union Pacific Railroad Company (“Union Pacific”). On December 31, Colorado Midland & Pacific Railway Co. (“Midland”), a newly formed subsidiary of Rio Grande Pacific Corp., announced it had secured a lease with Union Pacific to operate freight and, potentially, passenger trains on the TPL. While Midland is moving forward with a listening tour to of communities located along the TPL, Colorado Pacific Railroad (“CPR”) has announced it will protest the proposed lease to Midland. Last year, CPR petitioned the Surface Transportation Board (the “STB”) to force Union Pacific to sell the TPL to CPR for $8.8 million, arguing, in part, that it would be able to provide freight and passenger service as well as a recreational trail that would run alongside the TPL. The STB rejected the forced sale, but left the door open for CPR to return with a different proposal. The potential activation of the TPL could have a dramatic impact on the Town, the Eagle River Valley, as well as the other communities that border the 209 miles of track between Dotsero and Canon City. Ultimately, Council will need to take a position on whether the TPL should be activated, and whether the TPL should accommodate passenger traffic as well as a recreation component. The intricacies of transportation law, and especially those related to rail lines, requires the guidance of attorney who specialize in these matters. The Town is fortunate to have contacted the nationally recognized law firm of Kaplan Kirsh & Rockwell (“KKR”), who specialize in transportation matters generally, and rail issues specifically. KKR has agreed to represent the Town to provide legal guidance and strategic advice. However, given the activation of the TPL will have impacts throughout the broader community, Eagle County has already proposed KKR represent both the Town and the Eagle County, with the parties splitting KKR’s costs. It is anticipated other governmental entities and interested parties will form a coalition to address the TPL activation, and those organizations will also share in KKR’s costs. FINANCIAL CONSIDERATIONS: KKR has proposed an hourly rate of $450 for partners and $375 for associates, with these costs initially being split equally between the Town and Eagle County. RECOMMENDATION: Staff recommends engaging KKR. PROPOSED MOTION: “I move to approve to approve the engagement letter with Kaplan Kirsch & Rockwell as special counsel to provide legal and strategic advice in connection with the proposed activations of the Tennessee Pass rail line.” Thank you, Paul Wisor ATTACHMENTS: A: Engagement Letter ATTACHMENT A AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 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 Jennie Fancher, Scott Prince, Tamra Underwood, Jake Wolf, Chico Thuon and Amy Phillips. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Finance Director Scott Wright, General Government Manager Ineke de Jong, and Deputy Town Clerk Kendall Moore. 2. APPROVAL OF AGENDA Video Start Time: 00:00:32 Mayor Smith Hymes announced that an amended agenda has been updated in the packet and was posted on Monday. No changes were made to the updated agenda. Councilor Fancher moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:03:12 No conflicts of interest were disclosed. Town Attorney Paul Wisor explained section 2.30.080 of the Municipal Code and how Councilor Prince has continued to disclose the potential conflict with his son participating in the Swim Team. Town Attorney Paul Wisor would like to discuss the Ethics Code in detail at the next meeting. Councilor Wolf asked if he can vote on the 2021 budget and wanted to clarify a conflict of interest previously disclosed. Mayor Smith Hymes reminded the public that today is Colorado Gives Day and encouraged the community to give, if possible. 4. PUBLIC COMMENT Video Start Time: 00:07:29 Mayor Smith Hymes opened it up for public comment. General Government Manager Ineke de Jong explained to the public how to participate via video/audio, via telephone, or via email for public comments. Kristi Ferraro stated her appreciation for Councilor Fancher serving the Town for 8 years. Rich Carroll thanked everyone who ran for Council and congratulated RJ Andrade and Lindsay Hardy for getting elected and Amy Phillips for getting re-elected. Mr. Carroll commented that Avon is a great place and he is excited to see where it will go in the future. He thanked Councilors Wolf and Fancher for their service. Tom Ruemmler commented on the lawsuit between the Town and the Avon Recall Committee and his disagreement between the signatures counted. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Michael Cacioppo joined the meeting and piggy backed on Tom Ruemmler’s comments. Mr. Cacioppo asked whether the vote for the lawsuit was covered in open session on public television, who voted for the lawsuit, who voted against the lawsuit, and who sustained from voting. Town Attorney Paul Wisor explained that Executive Sessions are confidential and clarified that the Town has engaged in a declaratory judgement on the law because the Town has a different interpretation than the Recall Committee. 5. BUSINESS ITEMS 5.0 COVID-19 UPDATE (WILL COOK, VAIL HEALTH PRESIDENT AND CEO) Video Start Time: 00:19:01 Vail Health President and CEO Will Cook joined the meeting and provided a brief presentation on the county status for COVID-19. He said he met with the Governor and explained the difference between the Two-Week Cumulative Incidence and the Two-Week Average Positivity which helps to rule out any testing errors. Eagle County is currently in level Orange. Will Cook stated that until 70% of the community is vaccinated, we need to continue to wash our hands and wear our masks. There have been incidents of someone who had it is still spreading it, and incidents of people who already got COVID-19, to get it again. He recommends getting the vaccine. He mentioned Vail Health received approval as one of eight in the state to distribute vaccines. He thinks the vaccines will start to be distributed early this week or next starting with Nursing home workers and residents, and health care workers. Eagle county has enough vaccines to cover our health care providers and are trying to secure enough to get to teachers, front line responders, and ultimately the service industry workforce. Mayor Smith Hymes asked if people who had COVID-19 and recovered, if they should be vaccinated. Mr. Cook stated that those individuals should still get vaccinated and the vaccine is free. Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Mayor Smith Hymes asked for public comment and no public comments were made. 5.1. PUBLIC HEARING FOR THE ADOPTION OF THE 2020 FINAL REVISED BUDGETS, 2021 CAPITAL PROJECTS FUND BUDGET & LONG-RANGE CAPITAL PROGRAM AND TAX LEVIES (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 00:42:57 Finance Director Scott Wright explained the Resolutions in the Council packet. Town Manager Eric Heil requested a revision of the $150,000 allocated to business grants and asked if $25,000 of the $150,000 could be allocated to the Salvation Army to match the Vail Valley Foundation’s $25,000.00 grant. He also explained the large equipment will be purchased with cash instead of a lease. Finance Director Scott Wright explained the reserves and how the Town has been using those funds. Tom Ruemmler made a comment and asked to compare the spending per person in Avon with Minturn, Edwards, and the County. Michael Cacioppo mentioned the Real-Estate Transfer Tax and asked if Eagle-Vail residents have AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 been paying this tax. Finance Director Scott Wright clarified that this is not the case. Mr. Cacioppo also commented that The Town Council has refused to put the Transfer Tax back on the ballot for a vote especially when the Transfer Tax is some of the highest in the State. Councilor Prince moved to approve Resolutions 20-29 through 20-34 with one change allocating $25,000 to the Salvation Army. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 5.2 PUBLIC APPROVAL OF THE 2020 AUDIT ENGAGEMENT LETTER WITH MCMAHAN AND ASSOCIATES, L.L.C. CERTIFIED PUBLIC ACCOUNTANTS Video Start Time: 01:10:15 Finance Director Scott Wright explained the rationale behind staff’s proposal to engage for one more year with McMahan and Associates, L.L.C. He explained we will need to have a single audit for 2020 because of the level of federal funding that we have received from the CARES Act and DOLA. He asked for forgiveness for not getting to the RFP this year and to allow one more year of engagement with McMahan and Associates, L.L.C. We have scheduled them to come in April for our Audit Engagement work. Councilor Fancher moved to approve the 2020 Audit Engagement Letter with McMahan and Associates, LLC Certified Public Accountants. Mayor Pro Tem Amy Phillips seconded the motion and the motion was passed with a vote of 7 to 0. RECESS to allow Avon Town Council to Convene as the Avon Urban Renewal Authority Board Video Start Time: 01:16:13 Councilor Underwood moved to recess the Regular Town Council Meeting to Convene as the Avon Urban Renewal Authority. Councilor Prince seconded the motion and the motion passed 7 to 0. URA meeting started at 6:17 p.m. and ended at 6:24 p.m. RECONVENE the Avon Town Council Meeting Video Start Time: 01:23:34 5.3 RESOLUTION 20-35, APPROVING UPDATED COMMUNITY DEVELOPMENT FEE SCHEDULE (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:23:40 Planning Director Matt Pielsticker explained the purpose of the fee schedule changes. They combine the planning and building fees and update the staff hourly wages. Councilor Underwood asked about a typo on the hourly rates for the Town Attorney. Councilor Prince asked if it would make sense to keep the GIS fee not a fixed rate. Mayor Smith Hymes was curious what kind of increase this would be for the community. Planning Director Matt Pielsticker explained there are no increase in fees only staff hourly rates because the staff hourly rates have not been updated in 10 years. Mayor Smith Hymes asked for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Prince moved to approve Resolution 20-35 Approving the Updated Community Development Fee Schedule. Councilor Underwood seconded the motion and it passed with a vote of 7 to 0. 6. MINUTES 6.1. APPROVAL OF NOVEMBER 17, 2020 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 01:36:29 Councilor Underwood moved to approve the November 17, 2020 Regular Meeting Minutes. Mayor Pro Tem Phillips seconded the motion and it passed 6 to 1. Councilor Wolf voted no. 6.2. APPROVAL OF NOVEMBER 24, 2020 SPECIAL COUNCIL MEETING MINUTES (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 01:37:22 Councilor Fancher moved to approve the November 24 Special Council Meeting Minutes. Councilor Prince seconded that motion and it passed 4 to 0. Councilor Wolf, Councilor Underwood and Mayor Smith-Hymes abstained from the vote as they did not attend the meeting due to a conflict of interest. 6.3. APPROVAL OF NOVEMBER 25, 2020 SPECIAL COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK KENDALL MOORE) Video Start Time: 01:39:21 Councilor Fancher moved to approve the November 25, 2020 Special Council Meeting Minutes. Councilor Underwood seconded the motion and it passed 6 to 1. Councilor Wolf voted no. 7. OUTGOING COUNCIL 7.1. PROCLAMATIONS IN APPRECIATION OF SERVICE (MAYOR SMITH HYMES) Video Start Time: 01:40:36 Mayor Smith Hymes read proclamations for Councilor Fancher and Councilor Wolf and thanked them for their public service. 7.2. OUTGOING COUNCIL COMMENTS Video Start Time: 01:46:00 Councilor Wolf gave some outgoing comments with thanks and advise to new Council members. Councilor Fancher provided her outgoing comments, advise to the new members, and congratulated Lindsay and RJ. She said she hopes they will enjoy their time of service as much as she did. Councilor Thuon thanked Councilor Fancher for her service and all her advice and thanked Councilor Wolf for his service and his personality. 8. BUSINESS ITEMS PART II 8.1. NEW COUNCIL SWEARING IN AND ELECTION OF OFFICERS Video Start Time: 01:52:37 Lindsay Hardy, Russell Andrade, and Amy Phillips joined the meeting as the newly elected Council members. Judge Buck Allen joined the meeting to virtually swear in the new members. AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Town Attorney Paul Wisor explained that under section 4.3 and 4.4 of our Charter, the selection of Mayor and Mayor Pro Tem is done by Town Council. Tonight, the Mayor requires 4 votes. Council members will email their votes to Town Attorney Paul Wisor and Deputy Town Clerk Kendall Moore. A roll call was taken, and all 7 Council members were present. Councilor Phillips moved to nominate Jennie Fancher to be the temporary chairperson and Sarah Smith Hymes seconded the motion and the motion passed 6 to 0. Councilor Thuon did not vote. Councilor Lindsay Hardy nominated Sarah Smith Hymes for the Mayor position. Sarah Smith Hymes read her statement. She was elected with a vote of 7 to 0. Councilor Thuon did not send his vote via email to Kendall Moore and Paul Wisor but texted Paul Wisor his vote for Sarah Smith Hymes. Councilor Underwood nominated Amy Phillips as Mayor Pro Tem. Councilor Andrade nominated Scott Prince as Mayor Pro Tem. Amy Phillips and Scott Prince both gave their statements. Councilor Thuon verbally announced his vote for Scott Prince as Mayor Pro Tem. After Council questions, there was a vote of 4 to 3 to elect Amy Phillips as Mayor Pro Tem. Councilors Phillips, Underwood, Hardy and Mayor Smith Hymes voted for Amy Phillips. Councilors Prince, Andrade and Thuon voted for Scott Prince. Councilor Thuon left the meeting at 7:15 p.m. Jennie Fancher and Jake Wolf left the meeting at 7:27 p.m. 8.2. APPEAL OF BUILDING OFFICIAL’S NOVEMBER 6, 2020 DECISION TO NOT ISSUE NEW FIREPLACE PERMIT IN A MULTI- FAMILY DWELLING UNIT LOCATED AT 371 NOTTINGHAM ROAD, IN ACCORDANCE WITH AVON MUNICIPAL CODE SECTION 15.16.060 – SECTION902.2, REGULATIONS FOR FIREPLACES (PLANNING DIRECTOR MATT PIELSTICKER) (COUNCIL ACTING AS BOARD OF APPEALS UNDER THE BUILDING CODE) Video Start Time: 02:28:28 Matt Pielsticker explained this decision is in front of Council tonight acting as the board of appeals. Planning Director Matt Pielsticker welcomed Building Official Derek Place and Kevin and Mirjana Rowe (homeowners) to discuss the appeal of a Fireplace Permit with the Board of Appeals. Derek Place explained there was a stop work order as this is a municipal code violation (not a building code violation). He also explained that the wood burning fireplace they want to install is more efficient and safer than the original pellet stove. Town Attorney Paul Wisor clarified that the board of appeals cannot change the code and can only rule to approve or deny the appeal. The Town Council will have to discuss amending the Town municipal code in January. He said Council could look at the true intent of the code as incentivizing a more environmentally friendly alternative and improving air quality. The applicants expressed they appreciate the consideration. Board member Underwood moved to approve the appeal thereby allowing the Building Official to issue a building permit for a new wood burning device, citing (1) the intent of the code is upheld with an EPA-certified device, and (2) the new EPA-certified device is better than the pre-existing wood burning devices. Board vice chairwoman Phillips seconded the motion and the motion passed AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 6 to 0. Councilor Thuon was absent. Council directed staff to put code amendments on the January meeting agenda. 8.3. UPDATE ON COLORADO GENERAL ASSEMBLY RELIEF BILLS (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:57:42 Paul Wisor summarized the new Colorado Assembly Relief Bills and explained they roughly fall in 3 categories: 1) Small Business Relief (2 bills). 2) Food and Shelter Security (3 bills) 3) Child Care & Pre-School to K12 Education (2 bills). Councilor Andrade suggested to add links to access this information on the Avon website. Mayor Smith Hymes asked for public comments and no public comments were made. 8.4. TOWN MANAGER REPORT (TOWN MANAGER ERIC HEIL) Video Start Time: 03:09:22 Eric Heil highlighted a few things in his town manager report that are timely: 1) A new intern will be starting in January 2) Eva Wilson has provided great info on Avon transit operations 3) We anticipate the Five Star Business Protection Program will be approved by the State on December 18th. 4) There will be no marketing beyond Avon for Nottingham Lake Ice Skating, as current Public Health Orders only allows for 75 people so capacity will be limited. 5) Momentum Trails is making great progress with the West Avon Preserve restorations 6) Matt Pielsticker got organized quickly on the outreach process for the June Creek Emergency Access 7) The 2021 Department Workplans will be presented before the holidays. The idea is that the strategic plan becomes a more visionary multi-year document. 8) Staff is working on updating the Council Handbook and plans to have all documents available on the website soon. 9) IT will work on IT equipment for Council for next year. WRITTEN REPORTS 8.5. December 1st Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 8.6. 2020 Capital Improvements Update (Town Engineer Justin Hildreth) 8.7. Transit Winter Operations Update (Mobility Director Eva Wilson) 9. MAYOR AND COUNCIL MOMMENTS & MEETING UPDATES Video Start Time: 03:19:52 Mayor Pro Tem Amy Phillips expressed she attended the EGE alliance meeting yesterday. The County has taken the lead on grant writing to bring new cost carriers to new destinations where we would get AVON REGULAR MEETING MINUTES TUESDAY DECEMBER 08, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 matching funds for that new destination. The overall airline industry has been hit hard by COVID but the industry in our county is doing quite well compared to the nationwide industry. She expressed that we are doing better than most, but most are doing poorly. Mayor Smith Hymes mentioned the EV charging stations which we officially opened last week, there was a press release after the ribbon cutting. She asked staff to add the video of the vaccine rollout procedures to the Town's website. She ended the meeting and suggested Councilors go grab their small bottle of prosecco and pop the cork to raise a toast to the swearing in of new Councilors and say thank you to outgoing councilors and she wished everyone happy holidays. Mayor Smith Hymes mentioned the new EV charging stations at Town Hall and at Beaver Creek Place. The Town Hall charges are complimentary. She asked staff to add the video about Eagle County’s COVID vaccine implementation strategy to the Avon website. She ended the meeting by raising a toast to the swearing in of new Councilors and say thank you to outgoing councilors and by wishing everyone Happy Holidays. 10. ADJOURN Video Start Time: 03:27:05 There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:28 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. RESPECTFULLY SUBMITTED: Kendall Moore, Deputy Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Jennie Fancher Jake Wolf Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: Nov. 30, 2020 RE: Summary of Authority’s Nov. 19, 2020, virtual Board Meeting The following is a summary of items discussed at the Nov. 19, 2020, Authority Board Meeting: Board members present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner, Sarah Smith Hymes, Mick Woodworth. FY 2021 Budget: A public hearing was held to discuss the proposed 2021 budget; no public comment was received. Discussion ensued regarding the proposed rate increases and budgeted merit increases for employees. The board unanimously approved the budget and related resolutions to appropriate sums of money and adopt the 2021 rates, subject to concern expressed regarding increased salary provisos. 2020 Water Year in Review and 2021 Outlook Len Wright and Diane Johnson presented information regarding the 2020 water year and a water supply outlook for 2021. They noted normal snow accumulation during water year 2020, but a drier and warmer than normal summer intensified local drought conditions. Drought management objectives and recommended tactics were also discussed. Board Member Input Board member input was requested and there was none. Traer Creek Tank Update Jason Cowles noted a pre-bid meeting was held Nov. 16. He confirmed the tank contractor is the general supplier and will take on the liability of tank construction, subcontractors, etc. Authority Water Dedication Policy The board unanimously approved an updated water dedication policy, which increases summer irrigation water and in-basin storage water to $10,000/acre foot and $41,000/acre foot, respectively. Eagle Park Reservoir Motion for Summary Judgment Glenn Porzak outlined the motions for summary judgment by the state and division engineers and the diligence application for the Eagle Park Reservoir storage right. He also discussed the response brief filed on behalf of the Reservoir Company shareholders. November 15, 2020 Dear Friends, We’re all missing a lot of things right now. Normal everyday life has been disrupted. Going out to bars and restaurants, having friends over for dinner, the usual plethora of sporting events on tv, traveling to family gatherings for the holidays…. the effects of Covid have ranged from the mundane to the tragic. Due to Covid, this year of 2020 has seen unprecedented need on all fronts for those who live and work in our valley. Along with other nonprofits, we’ve stepped up to help its many victims who face illness, job loss, rental and eviction challenges. The depth of this need is shown by the increase in grants we gave this year. In 2019 we gave $135,000 in financial aid ; this year it will be close to $460,000. Yes, there’s much we miss right now. The ease of living….the ease of breathing. But in these difficult times, what impresses us most is what so many haven’t missed…..the opportunity to help others. We’re particularly grateful not only for the generosity of our regular donors, but to those from whom we’ve received grants, including the McNair Family, the Town of Vail, Polar Star Properties, Vail Valley Foundation, Eagle County, the Town of Avon, United Way, Singletree Property Owners Association and Vail Valley Cares. Without everyone’s support we could not have helped, or be able to continue to help, so many in need. Yes, there’s much we miss right now. But in these trying times, as we witness the incredible dignity and grace of the people we’ve helped and the open-hearted generosity of those committed to helping our community…..our hearts are full. Sincerely, David Haakenson, President Pat Hamilton, Executive Director 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Ineke de Jong, General Government Manager RE: İMi Casa Avon! Program Update DATE: January 4, 2021 SUMMARY: This report provides an update on the ¡Mi Casa Avon! program. BACKGROUND: Putting home ownership within reach of more Avon residents has been a priority for the Avon Town Council. The deed restricted housing program, ¡Mi Casa Avon!, was approved by the Avon Town Council in the spring of 2020 and launched in June. Home buyers may apply for up to $75,000 in Town Community Housing funds to assist with the purchase of a residence. The Community Housing funds are provided at closing in the form of the Town purchasing a permanent housing deed restriction on the residential property. The deed restriction limits the use of the residence to a primary residence for the Buyer during the first three years and then to employees in Eagle County after the first three years. The deed restriction does not limit the resale price of the residence. REVIEW OF PROGAM: Since the program launch in June 2020, the Town has received nine applications. Eight transitions closed in 2020 and one fell through for reasons unrelated to the program. Due to the lack of property inventory, we will at this point provide aggregated numbers and we can disaggregate these numbers once we have more closings. Property Type Square Ft Bedrooms Sales Price Mi Casa $ % of Price 4 condos 3 townhomes 1 multi-family 1,314 sq ft on average 2.5 bedrooms on average $493,500 on average $58,095 on average 11.8% on average FINANCIAL CONSIDERATIONS: The initial appropriation from the Avon Community Housing Fund approved by Council for 2020 is $650,000. Funds awarded totaled to $464,760 (72%). The unused 2020 fund balance is $185,240 (28%). Council approved funding in the amount of $900,000 for the program in 2021. TOWN MANAGER COMMENTS: While we have recently received emails expressing interest in the program, we have no properties lined up for closing in 2021. We believe this is not a reflection of the program. Rather, there is very little inventory in the price range in which utilizing the program would make sense for buyers. Thank you, Ineke Year Total Mi Casa Funds Closed transactions Mi Casa funds remaining 2020 $650,000 $464,760 $185,240 2021 $900,000 $0 $900,000 (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eva Wilson, Mobility Director RE: 2020-2021 Winter Operations Update DATE: Jan 7, 2021 SUMMARY: Avon’s winter transit program began on Wednesday, Nov 25, 2020. The Skier Express Shuttles have provided over 25,000 trips. Our outstanding transit supervising team led by Jim Shoun has been managing the crowds well and complying with State COVID guidelines. Transit Supervisors are roaming/monitoring bus queues during peak hours and dispatching buses as needed. The Landing Skier Shuttle was discontinued on Jan 8, 2021 due to the low daily ridership and the availability of the Riverfront Gondola. Ten-minute Skier drop off parking spaces on Riverfront Ln in front the Gondola is working well. Skier Shuttle Ridership Summary: Restaurant Shuttle Ridership Summary: • Remaining fourteen floating days will be applied to Holiday Weekends and weekends in March. PLANNING AND ZONING COMMISSION MEETING ABSTRACT TUESDAY, DECEMBER 15, 2020 1. CALL TO ORDER AND ROLL CALL Vice-Chairperson Jared Barnes called the regular meeting to order at 5:06 p.m. A roll call was taken, and Planning Commission members present were Donna Lang, Sara Lanious, and Steve Nusbaum. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Paul Wisor with Garfield Hecht. 2. APPROVAL OF AGENDA Action: Commissioner Nusbaum motioned to move the Election of PZC Chairperson and appointment of PZC Representative to the Village at Avon DRB to items 5 and 6 of the agenda. Commissioner Lanious seconded the motion and it carried unanimously 4-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS No conflicts of ex-parte communication were disclosed. 4. BUSINESS ITEMS 4.1. VILLAGE AT AVON – PLANNING AREA J – DESIGN REVIEW REFERRAL - PROPOSAL FOR A NEW GAS STATION. THE VILLAGE AT AVON PUD REQUIRES PZC REFERRAL FOR LAND USE DECISIONS OF THIS TYPE . THE DISCUSSION WILL FOCUS ON S TAFF’S ANALYSIS ON THE VILLAGE AT AVON’S DESIGN GUIDELINES AND PZC’S SUBSEQUENT REFERRAL LETTER. (TOWN PLANNER DAVID MCWILLIAMS & CASSIE YOUNGER) Action: PZC instructed Staff to draft a letter to the Village at Avon DRB based on comments from the discussion. 4.2. 4311 EAGLEBEND DRIVE – TRACT A AND LOT 1 FILING 2 EAGLEBEND SUBDIVISION – PUBLIC HEARING – PROPOSAL TO AMEND THE SIZE OF TRACT A AND LOT 1 AND REVISE THE LOT LINES OF LOT 1 TO ACCOMMODATE AN ADDITION . (TOWN PLANNER DAVID MCWILLIAMS & ANGELO VERALDI AND JENNA SKINNER) Public Comment: None. Action: Commissioner Nusbaum motioned to continue the item to January 19, 2021. Commissioner Lang seconded the motion and it carried unanimously 4-0. 4.3. 371 METCALF ROAD- LOT 14/15 BLOCK 1 BENCHMARK AT BEAVER CREEK SUBDIVISION - PUBLIC HEARING – PROPOSAL TO CREATE TWO (2) ACCESSORY DWELLING UNITS WITHIN UNIT 2SA1. (TOWN PLANNER DAVID MCWILLIAMS & MARK DONALDSON) Public Comment: None. Action: Commissioner Nusbaum motioned to approve Case #SRU20001 with the following findings and condition: Findings: 1. The application qualifies as a Special Review Use pursuant to §7.16.1000 of the Development Code; 2. The application is complete; 3. The application provides sufficient information to allow PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. There is no extra demand for public services or infrastructure exceeding current capacity by the Application; 6. The proposed use has a negligible impact to adjacent or on-site uses; and 7. The proposed use is compatible with adjacent uses in terms of scale, size and scope. Condition: 1. The ADUs are restricted to employees in Eagle County. Commissioner Lanious seconded the motion and it carried unanimously 4-0. Action: Commissioner Lanious motioned to approve Case #MNR20046 with the following findings and condition: Findings: 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. Condition: 1. Code compliant lighting fixtures shall be approved by Staff for the entire exterior represented in the architectural drawings before a building permit is issued. Commissioner Lang seconded the motion and it carried unanimously 4-0. 5. ELECTION OF NEW PZC CHAIRPERSON AND VICE-CHAIR The item was not acted upon. 6. APPOINTMENT OF NEW PZC REPRESENTATIVE TO THE VILLAGE AT AVON DESIGN REVIEW BOARD The item was not acted upon. 7. CONSENT AGENDA 7.1. NOVEMBER 17, 2020 MEETING MINUTES 7.2. DECEMBER 1, 2020 MEETING MINUTES 7.3. TMP20002 - 042 RIVERFRONT LANE DIRT STORAGE 7.4. TMP20003 – UNADDRESSED SWIFT GULCH SNOW STORAGE 7.5. TMP20004 – 82 BEAVER C REEK BOULEVARD OUTDOOR SEATING Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner Lanious seconded the motion and it carried unanimously 4-0. 8. STAFF UPDATES 9. ADJOURN There being no further business before the Commission adjourned the meeting at 8:10 p.m. These meeting 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. RESPECTFULLY SUBMITTED: _________________________________ David McWilliams, Town Planner APPROVED: __________________________________ Chairperson