TC Packet 05-24-2024_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES 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 MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, May 28, 2024
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
Zoom registration is on the header at Avon.org
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
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 be given
one (1) additional minute subject to Council approval.
5. BUSINESS ITEMS
5.1. Swearing In and Pinning Ceremony and Police Presentations (Chief of Police Greg Daly)
o Swearing in and pinning ceremony for Officer Trevor Roszczewski
o CALEA reaccreditation certificate presentation by Colonel Matthew Packard, Chief of the
Colorado State Patrol
o Presentation: Police Department Annual Awards
o Presentation: Police Department 2023 Annual report
5.2. PUBLIC HEARING: Resolution 24-15 Approving a Wildridge Lot Split Planned Unit
Development Amendment for Lot 66, Block 1, Wildridge (Planner II Max Morgan)
5.3. First Reading Ordinance 24-10 Elections Code Update (Deputy Town Manager Patty McKenny
and Town Clerk Miguel Jauregui Casanueva)
5.4. Notice of Award: Public Works Garage (Public Works Director Eva Wilson)
5.5. Work Session: Council Rules of Procedure and Group Expectations (Town Attorney Nina
Williams)
6. CONSENT AGENDA
6.1. Resolution 24-16 Supporting Grant Application to Department of Local Affairs (Town Manager
Eric Heil)
6.2. Approval of Intergovernmental Agreement with Eagle River Fire Protection District Wildfire
Mitigation for Wildland Fire Mitigation (Public Operations Manager Gary Padilla)
6.3. Approval of May 14, 2024 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres)
7. WRITTEN REPORTS
7.1. May 13th Planning and Zoning Commission Abstract (Planner II Max Morgan)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. School Mural Project Update (Special Events Coordinator Chelsea Van Winkle and Michael
Pasquarella, Special Events Coordinator)
7.4. Draft April 18 Culture, Arts & Special Events Committee Meeting Minutes (Michael
Pasquarella, Special Events Coordinator)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. ADJOURN
_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES 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 MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
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.
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Philips and Avon Town Council members
FROM: Chief Greg Daly
RE: Swearing in and Badge Pinning Ceremony for Officer Trevor Roszczewski
DATE: February 28, 2024
Swearing In and Badge Pinning Ceremony
Tonight, we will join Officer Trevor Roszczewski and his guest(s) as he will take their oaths as Avon
Police Department’s newest police officer and receive his badge.
Officer Trevor Roszczewski hails from Wisconsin and studied sports and was a athlete??
It is a long-standing tradition in the Law Enforcement profession that a Badge Pinning Ceremony is held
upon completion of the Police Academy and then upon subsequent promotions. The badges are the visible
signs of his or her role, responsibilities, authority, and trust within our community.
Mayor Philips will preside over the swearing-in. The Oath of Office will be administered by Town Clerk
Miguel Jauregui Casanueva.
Trevor’s girlfriend Kailey (or alternate) will pin his badge.
Congratulations to Officer Trevor Roszczewski.
Thank you, Chief Greg Daly
# # #
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Phillips and Avon Town Council Members
FROM: Chief Greg Daly and Krista Jaramillo, Accreditation Manager
RE: Presentation of the Commission on Accreditation
for Law Enforcement Agencies Inc. (CALEA®)
Reaccreditation Certificate
DATE: May 28, 2024
SUMMARY
Honorable Mayor and Council, Colonel Matthew Packard, Chief of the Colorado State Patrol will present
the accreditation certificate as part of the Avon Police Department’s national re-accreditation with the
Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®)
BACKGROUND
The Avon Police Department has been nationally accredited for the last twelve years through the
Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). Avon PD is the smallest
agency in Colorado with this accreditation and the only agency west of the Denver Metro Area, except for
the Colorado State Patrol and the Colorado Bureau of Investigation, both statewide agencies.
Approximately 1% of law enforcement agencies in the United States are CALEA accredited.
This last accreditation cycle was over a four-year period. During the accreditation cycle, Avon PD
submitted annual reports and participated in annual remote web-based assessments attesting to our
department’s continued compliance with 179 national standards and practices. We successfully completed
the fourth of the four annual remote file assessments in September 2023. As part of the accreditation
evaluation, the site-based national assessor arrived in October 2023 to examine all aspects of Avon Police
Department policy and procedures, community relationships, management, operations, and support
services.
The final assessment piece was a hearing in March before a CALEA subcommittee and the CALEA
Commission, at their conference in Montgomery, Alabama. The Avon Police Department was awarded our
Certificate of Accreditation and tonight, Colonel Packard, a Commissioner on the National CALEA
Commission, formally presents the Certificate to the Avon Police Department.
We continue our accreditation process for another four years.
Thank you, Chief Greg Daly and Krista Jaramillo, Accreditation Manager.
# # #
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Amy Phillips and Avon Town Council members
FROM: Greg Daly, Chief of Police
RE: Avon Police Department presentation of 2023-2024 PD Awards and Annual Report
presentation
DATE: May 28, 2024
SUMMARY:
Honorable Mayor and Council, there are two elements to the Police Department presentation on Tuesday
evening:
• Presentation of Avon Police Department 2023-2024 Awards
• Annual report presentation/PowerPoint
PRESENTATION OF AVON POLICE DEPARTMENT 2023 AWARDS:
As Chief of Police, it is with great pleasure and honor that I present the following Avon Police Department
Awards for 2023 and the first half of 2024. These awards recognize staff members who have made
exceptional and valiant individual contributions above and beyond their normal duties with the Avon Police
Department. In addition, we are recognizing other town employees and community members for their
contributions to the Town of Avon's citizens, residents, and guests.
Certificate of Appreciation – An award presented to a citizen or employee who should be recognized for
service.
Presented to Master Sergeant Jonathan Lovins.
For his outstanding performance, attention to detail, and commitment to the Avon Police Department.
His prompt arrival at the scene of the incident and his immediate intervention undoubtedly played a
pivotal role in mitigating the severity of the situation. Master Sergeant Lovins provided vital assistance,
ensuring that the individual in need received the urgent medical attention required by responding off-
duty to a fellow employee's home during a serious life-threatening medical incident. His swift and
decisive actions in providing immediate assistance greatly contributed to the successful outcome of the
situation. Master Sergeant Jon Lovins' selfless act of courage and compassion exemplifies the highest
standards of service within the Avon Police Department. His willingness to go above and beyond the
call of duty reflects his unwavering commitment to the well-being of his colleagues and community.
You are all a true credit to the Town of Avon and the Avon PD team. On behalf of the men and women
of the Avon Police Department, THANK YOU!
Page 2 of 3
Presented to Mr. Greg Plooster.
In heartfelt recognition of his extraordinary kindness, unwavering friendship, and invaluable assistance
to the Avon Police Department, we proudly present this Certificate of Appreciation to Greg Plooster.
With boundless enthusiasm and a radiant spirit, Greg has touched the hearts of everyone within the
Avon Police Department. Despite facing unique challenges, his unwavering positivity, infectious
laughter, and genuine kindness have been a beacon of light in our community. Greg has not only been
a source of joy and friendship but has also provided invaluable assistance to the Avon Police
Department. His presence has brought smiles to our faces, uplifted our spirits, and reminded us of the
true meaning of compassion and acceptance. Through his actions, Greg has demonstrated the
transformative power of love, acceptance, and inclusion. His unwavering dedication to spreading joy
and fostering a sense of belonging within our community is truly commendable and serves as an
inspiration to us all. Greg, with our deepest gratitude and admiration, is hereby awarded this Certificate
of Appreciation for his remarkable contributions to the Avon Police Department and his unwavering
commitment to making the world a brighter and more inclusive place.
Presented to Eva Wilson, Eric Ochs, Emmanuel Velasco, Tyrel Stultz, Luis Tapia, Steven Maestas and
Moise Medina.
In recognition of outstanding assistance during a motor vehicle versus pedestrian fatality hit and run
accident that occurred on March 5th, 2023. On that tragic day, your swift and professional response
was instrumental in managing a complex and distressing situation. Your efforts were crucial in
ensuring the scene was secured, illuminated, and properly sheltered from the elements, allowing
emergency personnel to perform their duties effectively. The dedication, resilience, and teamwork
demonstrated by the Avon Public Operations and Facilities staff exemplify the highest standards of
public service. Your unwavering commitment to public safety and your willingness to go above and
beyond in a time of crisis have significantly contributed to the well-being and security of our community.
We extend our deepest gratitude for your invaluable service and exemplary performance in this
challenging situation. We are proud to acknowledge your remarkable contributions. Your actions
reflected great credit upon yourself and the Town of Avon.
Department Teamwork Citation – For a group of employees that came together and achieved exceptional
results relating to a specific incident or event.
To Sergeant John Mackey, Sergeant Tyler Churches, Officer Cirilo Zarate, Animal Services Officer
Nathan Lehnert, Animal Field Services Officer Theresa LeMaitre, Deputy Harrison ECSO, K-9
Specialist Steve Hueston, Retired FBI Special Agent Stan Wadas, Retired FBI Special Agent Dave
Tanner, and Chief Greg Daly.
For actions resulting in the collection and care of five abandoned dogs. On October 2, 2023, the Avon
Police Department swiftly responded to a critical situation involving five distressed and highly
aggressive stray dogs on Wagon Trail Road. Sergeant John Mackey and Deputy Jordan Harrison,
recognizing the urgency and potential danger, promptly engaged the assistance of Eagle County
Animal Field Services Officer Theresa LeMaitre. In collaboration with Avon Police Chief Greg Daly,
Retired FBI Special Agent Stan Wadas, Avon Police Sergeant Tyler Churches, Avon Police Officer
Cirilo Zarate, Eagle County Animal Services Field Services Manager Nathan Lehnert, Retired FBI
Special Agent Dave Tanner, and local K-9 specialist Steve Hueston, the team united their efforts.
Page 3 of 3
Despite adverse weather conditions and formidable challenges, their coordinated approach
demonstrated exceptional patience, skill, and strategy in safely apprehending the distressed animals.
Each dog was rehabilitated and placed in a loving forever home. This remarkable achievement
underscores their commitment to community safety and exemplifies profound compassion for animal
welfare. This exceptional team's collaborative efforts embody the highest ideals of teamwork,
compassion, and community service. This team of professionals reflected great credit upon
themselves and the Avon Police Department that day.
ATTACHMENTS:
Avon Police Department PowerPoint Presentation
Thank you, Chief Greg Daly
# # #
Avon PoliceDepartment
AnnualReport
2 0 2 3
M a y 2 8 , 2 0 2 4
Table of Contents
Message from the Chief............................3
Department Overview...............................5
2023 By the Numbers................................6
Activity Statistics.......................................8
Comparator numbers..............................10
Highlights...................................................11
Community Initiatives & Partnerships..12
Staffing Changes.......................................13
Staffing Challenges...................................14
Sustainability 2023/2024.........................15
Message from Chief of Police Greg Daly
As Chief of Police for the Avon Police Department, I am immensely
proud of the dedication and professionalism demonstrated by the
women and men who serve alongside me. Each day, they perform their
duties with unwavering commitment to protecting and serving,
embodying our department's mission of "serving to better our
community" and our motto, “Count on Us!”
Deputy Chief Cosper and I are dedicated to ensuring the well-being of
our officers and staff. We prioritize creating a work environment where
they feel supported, safe, and fulfilled. The invaluable support from the
Avon Town Council, Town Manager Eric Heil, and our fellow Town of
Avon departments is integral to our success. We consider ourselves vital
members of Team Avon, working collectively towards the betterment of
our community.
Our partnerships with law enforcement, fire, and EMS agencies are
crucial to our shared goal of public safety. Additionally, our
collaboration with various community-based organizations allows us to
effectively address local needs and concerns. As leaders in the law
enforcement profession, we take pride in hosting initiatives such as the
annual county-wide active shooter response training, Latino and Citizen
Police academies, National Night Out Events, Shop with a Cop, the
School Resource Officer program at Avon Elementary School, and the
Kids, Cops, and Hoops program, among others.
While we strive to maintain crime rates at historic lows, we recognize the
importance of community involvement in crime prevention. We rely on
the vigilance of our community members to report criminal activity, and
we are grateful for their trust in us.
On behalf of the Avon Police Department, I extend our heartfelt
appreciation for the unwavering support of Avon’s Finest. Together, we
will continue to serve and protect our community with dedication and
integrity.
Chief of Police Greg Daly
APD Overview
Chief of Police Greg Daly
Deputy Chief Coby Cosper
As of December 31, 2023, the Avon Police Department
employed an authorized strength of 20 of 21 sworn Officer
positions, two Code Enforcement Officers, and three civilian
professional staff. The number of authorized sworn
positions are separated by rank on the left.
11 Officers & 1
Detective
6 Sergeants
2 Code
Enforcement
Officers
3 Administrative
Services
Officers
76%
2023 By the Numbers
Total Calls for Service
18,623
Traffic Stops
1,469
Traffic Accidents
138
Calls Officers Dispatched To
4,519
Self-Initiated Calls
14,104
Incidents of Use of Force
22
Total Arrests
334
Up from 19
Down from 1,523
Down from 147
Up from 258
Up from 18,266
Down from 4,610
Up from 13,489
Of Total Calls
for Service
2023 By the Numbers
Total Crimes reported (622)
16.04%
Increase
from 2022
Assaults (80)
53.85%
Increase
from 2022
Motor Vehicle Thefts (7)
0%
Change
from 2022
Sex Offenses (5)
44.44%
Decrease
from 2022
Burglary (11)
15.38%
Decrease
from 2022
DUI (84)
16.%
Decrease
from 2022
Larceny (140)
94.44%
Increase
from 2022
Domestic Violence (49)
104.17%
Increase
from 2022
Traffic Accidents (138)
6.12%
Decrease
from 2022
Animal Control
Summonses (9)
125%
Increase
from 2022
35.03% of our traffic stops were with persons of Hispanic ethnicity; 26.04% Hispanic males and
17.99% Hispanic females. This compares with 39% of our 2020 census population who report
Hispanic heritage and 49% in 2010.
36.62% of our traffic stops were with Caucasian males
20.65% of our traffic stops were with Caucasian females
3.67% were with African males
.94% was with African American females
Avon PD Activity Statistics
2023 Traffic Enforcement Ethnic Breakdown
Mental Health Related Incidents
Avon police officers responded to 101 Welfare Checks, 8 Mental Health Holds, 39 Suicidal calls, and
and additional 50 Calls for Service directly related to Your Hope Center
2023 Calls For Service by Nature Code
Unknown
911 129 Disturbance 127 Liquor
Violation 0 Reports 1931
Alarm 211 Intoxicated
Party 49 School Lock
Down 0 Runaway 2
Animal
Compliant 208 Domestic
Disturbance 94 Lost Property 126 Security Checks 59
Armed
Party w/Weapon 4 Drugs 7 Medical 113 Registered Sex
Offenders 8
Arrest
Generic 10 Drug Task Force 0 Mental Health
Hold 8 Shooting or
Shots Fired 6
Assault 31 Evidence
Processing 70 Missing Overdue
Party 25 Mud/Rock/Snow
Slide 2
Assist 1204 Fight 15 Motor Vehicle
Accident 333
Special
Assignment/Duty
/Patrol
39
Attempt
to Locate 40 Fingerprints 0
Negative
Contact
w/Officer
4 Suicidal Party 39
Bar
Check 444 Fire 50 Noise Complaint 121 Suspicious
Occurrence 430
Bear
Call 35 Fireworks 0 Open
Door/Windows 13 Traffic Stop 1469
Bicycle
Accident 0 Found Property 105 Ordinance
Violation 33 Theft 204
Bike
Patrol 59 Follow Up 1716 Parking Problem 724 Towed Vehicle 13
Bomb
Threat 0 Foot Patrol 541 Patrol/Radar 188 Training 31
Shift
Briefing 27 Found 5 Prisoner
Processing 10 Traffic
Complaint 173
Burglary 4 Fraud 58 Prowler 1 Travelers Aid 11
Business
Check 1408 Person with a
gun 6
Clear/List
Person or
Vehicle
3 Traffic Control 22
Chain
Law 0 CBI Firearms
Check 0 Clear Person or
Vehicle 3 Trespassing 61
Civil
Standby/Matters
190 Harassment 83
Recovered
Stolen
Property/Vehicle
1 Unknown Nature 53
Contact 179 ID Dispute 4 REDDI 88 Criminal Injury
to Property 6
Community
Oriented
Policing
407 Interview 6 Relay 213 Abandoned
Vehicle 29
Damage 55 Investigations 0 Restraining
Order Violation 32 VIN Check 34
Death 1 Juvenile
Problem 18 Road Debris 67 Walk Through 2
Directed
Patrol 3998 Abduction/Kidna
pping 0 Robbery 1 Welfare Check 101
Comparator agencies
Avon / Average Benchmark City*
per 1,ooo citzens
Traffic Citations
39.7 / 75.6
Motor Vehicle Theft
1.2 / 2.4
Calls for Service
744.2 / 405
DUI
13.8/ 2.3
Latest Overland Park Benchmark Cities Survey 2022*
Theft
23.1 / 9.9
Key Initiatives and Achie vements:
Community Safety and Emergency Preparedness:
Implemented a Wildland Fire Evacuation Emergency Siren system in collaboration with
Community Development, Engineering, and Facilities, featuring five sirens.
Conducted another successful Wildland Fire Evacuation exercise.
Maintains a Safe Community Meetup spot at the Police Department.
Community Engagement and Support:
Participated in multiple Special Olympics fundraiser events, including Tip-a-Cop, Torch Run, and
Polar Plunge.
Assisted with the weekly unloading of Vail Valley Salvation Army food delivery trucks.
Proudly displayed the LGBTQIA+ flag on the Police Department building as a show of support
and allyship.
Training and Development:
Nearly all officers completed Ethical Decision Making Under Stress (EDMUS) training provided
by CO POST.
Achieved three graduations from the Denver University Daniels School Public Leadership
program.
Conducted Crisis Intervention Training (CIT), with nearly 100% of officers certified.
Became a Georgetown University Active Bystandership for Law Enforcement (ABLE) agency,
with three officers completing instructor training and nearly all officers completing officer
training.
Avon PD officers complete over 100 hours of in-service training annually to ensure officer
safety, community safety, adherence to the rule of law, and national accreditation standards.
Accreditation and Professional Standards:
Continued national accreditation through the Commission on Accreditation for Law
Enforcement Agencies (CALEA).
Recorded 22 use of force incidents in 2023, with no serious injuries to officers or suspects.
No professional standards inquiries (PSI) or internal affairs cases in 2023.
Special Programs and Initiatives:
Conducted another successful Law Enforcement Ski Program at Beaver Creek.
Hosted the Shop with a Cop program, serving 29 children with over $9,000 raised.
Participated in the national Coffee with a Cop campaign.
Supported mental health wellness through peer support and mandatory annual wellness check-
ins for all officers with a licensed clinician.
Leadership and Representation:
Avon PD granted and recently renewed the first Extreme Risk Protection Order (Red Flag) for law
enforcement in Eagle County.
Sergeant Colleen Gaspard and Officer Stephanie Villegas represented Avon PD at the Police
Memorial Week in Washington, D.C.
Chief Daly serves on the Colorado Peace Officers Standards and Training Board and the
Colorado Task Force on Drunk & Impaired Driving.
Chief Daly continues to serve as the Board President for SpeakUp ReachOut.
Deputy Chief Cosper serves on both the Victims Assistance and Law Enforcement Board (VALE)
and the 911 Authority Board.
Community Initiatives &
Partnerships
Law Enforcement Immigrant Alliance,
National Drug Takeback Program,
Annual Food Drive,
Vail Valley Salvation Army Weekly Food Unloading,
Law Enforcement Ski Program at Beaver Creek,
Speak Up Reach Out Suicide Prevention,
Vail Health Behavioral Health,
Victims Assistance and Law Enforcement Board,
Treetop Forensic Interview and Child Advocacy Center,
Facebook,
Department Chaplains,
National Night Out,
School Resource Officer Program,
Latino Academy, Citizen's Academy,
Riverbridge Forensic Interview and Child Advocacy Center,
Your Hope Center,
Colorado Peace Officers and Standards Training Board,
Shop with a Cop,
Colorado Special Olympics, My future Pathways, Vail Valley
Latino Show, Corazon de Mujer/Hearts Reign Organization, Kids,
Cops and Hoops, Faith and Blue Weekend, Coffee with a Cop,
Pride in the Park, Daily Drug Takeback Safe, Sexual Assault
Awareness Month, Safe Meetup Spot
Michael Davidson
Resigned 10/13/21
1 Year, 7 Months to Replace
Matt Jamison
No Longer in Office Remote
08/22
Retired 12/31/22
10 Months to Replace
Toby Baldwin
Resigned 10/08/21
1 Year, 5 Months to Replace
611
616
Mike Emery
Police Officer Recruit 05/03/22
Academy Graduation 08/22
Completed FTO 03/05/23
611MARCH
2023
John DeGhetto
Police Officer Recruit 05/03/22
Academy Graduation 08/22
Did not complete FTO
616MAY
2022
OCT
2021
OCT
2021
604 AUG
2022
Rio Burgess
Police Officer Recruit 08/15/22
Academy Graduation 12/22
17 Months to Replace
604JUNE
2023
Staffing Changes 2023
Josh Hernandez
Resigned 03/23
14 Months to Replace
MAR
2023
601
Police Officer Recruit 08/15/23
Academy Graduation 12/23
Completes FTO 5/24
601MAY
2024
John DeGhetto
Resigned 05/23
7 Months to Replace
616 MAY
2023
Michael Carlton
Trevor Roszczewski
Police Officer Recruit 12/23
Academy Graduation 05/24
Completes FTO 10/24
616OCTOBER
2024
Jeremy Holmstrom
Retired 11/23
Still vacant!
613 NOVEMBER
2023
Staffing Challenges 2023
In 2023, the Avon Police Department faced significant
recruitment and staffing challenges, influenced by the
evolving national perception of the policing profession over
the past several years. Despite concerted efforts, the
department managed to hire only two officers to fill three
vacant positions, with three positions remaining unfilled as the
new recruits are still undergoing their training programs.
Considering training requirements, vacation, and sick leave,
these staffing shortages placed considerable strain on our
existing personnel and impacted overall departmental
operations. Throughout 2023, officer shifts operated at
minimum staffing levels, with only two officers on duty for
59% of the year. The nearly year-long training program for
recruits further delays the deployment of new officers to
active duty, exacerbating the staffing shortages.
These factors combined to create a challenging environment
for maintaining the necessary level of service and safety for
the community.
In response, the Avon Police Department was awarded a state
grant to fill an additional police officer position in 2024/2025.
We have also applied for an additional grant to hire a
diversified candidate in 2025 and are awaiting the outcome.
59%
Shifts That Were Minimum Staffed
Fleet Sustainability 2023/2024
The Avon Town Council has prioritized sustainability as a town-
wide goal. In alignment with this objective, the Avon Police
Department and the Town of Avon Fleet Department have
diligently researched and initiated the conversion of our high-
carbon-emission fleet to a more sustainable hybrid and electric
vehicle (EV) fleet.
By the end of 2024, contingent upon the timely arrival of
ordered vehicles, the police department fleet will consist of:
15 hybrid Ford Interceptors (Explorers)
6 F-150 hybrid trucks
3 electric vehicles (an F-150 Lightning for Code Enforcement, a
Volkswagen ID4 for police recruit training, and a GM Blazer for
patrol)
Additionally, we will retain two Chevrolet Tahoes until their
scheduled replacement in 2026.
To ensure operational readiness, we will also retain a couple of
additional Chevrolet Tahoes as auxiliary vehicles. These
vehicles will be available for use when primary patrol vehicles
are out of service due to recalls, repairs, maintenance, or crash-
related issues.
Thank you!
Allen's Angel's
970.748.4014 mmorgan@avon.org
TO: Honorable Mayor Amy Phillips and Council Members FROM: Max Morgan, Planner II
RE: PUD24002 – Planned Unit Development Amendment for
Lot Split in Wildridge
DATE: May 23, 2024
SUMMARY: This report presents to the Avon Town Council (“Council”) an application related to the
proposal for a Lot Split of an existing vacant lot in the Wildridge neighborhood.
The property for the proposed project is currently a single, vacant lot in the Wildridge Planned Unit
Development (“PUD”). In order to pursue the lot split, a Lot Split Amendment to Wildridge PUD approval
is required, followed by a Minor Administrative Subdivision, the latter of which is reviewed, and a decision
is determined by the Community Development Director (“Director”).
SUMMARY OF REQUEST: Bobby Ladd, architect with RAL Architects, INC is representing 2332 Fox Lane
LLC, (“Applicant”), the entity pursuing the lot split at 2332 Fox Ln (“Property”). The lot split is part of the
applicant’s proposal to build two, single-family homes, one on each lot, if successfully subdivided. The
applications required for this specific lot split are:
1. PUD Amendment: Lot Split Amendment to Wildridge PUD
2. Administrative Minor Subdivision, and a Major Development Plan with an Alternative Equivalent
Compliance request for a modified roof design (Not included with this application)
Figure 1 - Site Map
PUD24002
May 23, 2024
Page 2 of 11
PROCESS: An Administrative Minor Subdivision is eligible for review and approval by Staff. The Lot Split
Amendment (“PUD Amendment”) first requires a public hearing with the PZC, with the purpose of providing
a recommendation to Avon Town Council. Council will review and render a final decision on a Lot Split
Amendment to Wildridge PUD Amendment application after conducting a separate public hearing. On May
13, 2024, the PZC voted to recommend approval of PUD24002 with conditions, to Avon Town Council (see
ATT A - PUD24002 PZC Record of Decision). Avon Town Council will vote whether to approve the
application incorporating conditions, via Resolution 24-15 (ATT B – Resolution 24-15 Draft).
An application for a Lot Split in Wildridge is subject to three sets of Review Criteria:
1. General Review Criteria for ALL Development Applications - § 7.16.020(f)(1), Review Criteria
2. Review Criteria for PUD Amendments - § 7.16.020(e)(4), Review Criteria
3. Review Criteria for Lot Split Amendments in Wildridge § 7.16.060(h)(4), Additional Review Criteria
Review Criteria #3 was adopted into the Avon Municipal Code in 2015, through Ordinance 2015-11. To
date, eight (8) lot splits in Wildridge have occurred since adoption. Staff is not aware of an application for a
lot split in Wildridge following the adoption of Ordinance 2015-11, that was denied by either the PZC or
Council.
PROPERTY DESCRIPTION: 2332 Fox Lane is the only undeveloped property on Fox Lane, a cul-de-sac
with ten residential lots, near the southernmost point in Wildridge. Fox Lane is only accessible from Saddle
Ridge Loop.
The 34,412 square foot site (.79 acres) includes native grasses, sagebrush, and young trees. The terrain is
characterized by steep topography sloping down towards the north, which presents views of the mountains
and hillside in that same direction. Views to the south are limited by elevated, natural terrain and residential
development of properties across the Fox Ln cul-de-sac. The west end of the parcel includes a dense grove
of young aspens.
A residential lot to the west includes a duplex on three unique parcels. Residential lots on Saddle Ride Loop
to the northeast are separated from the project site via a steep gulch.
PROJECT DESCRIPTION: The applicant has applied to the Town to subdivide the property into two lots in
order to construct one single-family home on each new lot. The proposed lots are identified as 66A and 66B
respectively. Lot 66A is proposed as a 19,225 square foot lot. Lot 66B is proposed as a 15,199 square foot
lot. The project proposes a single driveway access easement from the 66A lot, and an access easement for
Lot 66B is included on the proposed plat for the site.
The proposal for the homes was submitted to the Town and the PZC conducted a public hearing on May 13,
2024. As a result of the public hearing, the Major Development Review application for design review of the
homes and development of the lot (MJR24003), and the application to approve the alternative roof pitch
(AEC24002) were continued to PZC hearing on June 10, 2024.
Staff
ANALYSIS
& REPORT
Public Notice
PZC
PUBLIC
HEARING
5/13/2024
Public Notice
Council
PUBLIC
HEARING
5/28/2024
PUD24002
May 23, 2024
Page 3 of 11
The applicant met with Staff on May 20, 2024, to discuss updates to the PUD24002 application. Staff
recommended an updated plat that restricts the building envelope and developable area. The applicant
submitted an updated plat to show proposed restrictions. Lot 66A has a proposed building envelope of 5,528
square feet, and 66B has a proposed envelope of 7,555 square feet. The applicant also provided supporting
documents that address the Review Criteria for the proposed project, which is included with the application as
ATT C – Updated Application Materials. Including with the updated materials is a sample driveway and
access easement, which was a recommendation presented by Staff and included as a recommendation
approved by PZC.
Figure 2 – Proposed Plat Map
PUD24002
May 23, 2024
Page 4 of 11
Figure 3 - Project Site Looking North, with View of Gulch from Fox Lane
Figure 4 – Building Elevation for Proposed Home on Lot 66A Demonstrating "Fit" Into Hillside
PUD24002
May 23, 2024
Page 5 of 11
PUBLIC NOTIFICATION & COMMENTS: Notice of the PZC public hearing for PUD24002 was published in
the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC) on May 3, 2024.
Mailed notice is required for a Lot Split Amendment for Wildridge PUD and was sent to properties within
300’ of the proposed development site in accordance with Sec. 7.16.020(d) of the Avon Development Code
(ADC) on May 3, 2024.
Members of the public submitted comment prior to, and during the May 13, 2024 public hearing with PZC.
Public comments are summarized in the May 13, 2024 PZC Meeting Minutes and written comments are
also included (ATT D – 051324 PZC Minutes and Comments).
Notice of the public hearing with Town Council for PUD24002 was published in the Vail Daily in accordance
with Sec, 7.16.020(d) of the Avon Development Code on May 17, 2024. Mailed notice was sent to
properties within 300’ of the proposed lot split site in accordance with Sec. 7.16.020(d) of the Avon
Development Code (ADC) on May 17, 2024.
GENERAL REVIEW CRITERIA § 7.16.020(f)(1), Review Criteria
The PZC and Town Council shall consider the following criteria in order to consider approval of any
development application submitted to the Town:
i. The development application is complete;
ii. The development application provides sufficient information to allow the reviewing authority to determine
that the development application complies with the relevant review criteria;
iii. The development application complies with the goals and policies of the Avon Comprehensive Plan; and
iv. The demand for public services or infrastructure exceeding current capacity is mitigated by the
development application.
Staff Response: The application is complete, and Staff feels that the applicant has provided the
sufficient information needed to allow Town Council to determine if the application complies with all
review criteria. The Avon Comprehensive Plan is largely silent on goals and policies for single-family
homes and duplexes, aside from a goal to “Achieve a diverse range of housing densities, styles and
types… to serve all segments of the population (Goal E.1).”
Demand for public services and infrastructure specific to this application are not exceeding capacity
currently.
PLANNED UNIT DEVELOPMENT REVIEW CRITERIA § 7.16.060(e)(4), Review Criteria
The PZC and Town Council shall consider the following criteria as the basis for a recommendation or
decision to rezone a property to PUD overlay, approve a preliminary PUD plan or process a PUD
amendment:
i. The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates
creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include,
but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads and other utilities and services; or increased choice of living and housing environments;
PUD24002
May 23, 2024
Page 6 of 11
Staff Response: The PUD amendment to split the lot presents the opportunity to develop the lot under
its current allowance of two dwelling units, while preserving natural elements that would be removed if a
duplex structure were constructed. Duplexes can present visual “walls” to neighboring properties, and
restrict wildlife activity compared to two single-family homes. The opportunity to construct two homes
rather than one or none presents increased housing stock in a time and place where housing inventory
is limited.
ii. The PUD rezoning will promote the public health, safety and general welfare;
Staff Response: The PUD Amendment to split the lots prevents a large structure on a steep slope- a
more-difficult scenario for firefighting when compared to a large duplex or single-family home. The lot
split also ensures that the property can include two housing units. Many duplex lots in Wildridge only
hold a single-family home, which reduces the housing inventory in the upper Eagle Valley despite
allowances for multiple dwelling units on one lot. This application prevents that scenario of an
underdeveloped duplex lot in a time and location where housing inventory is limited.
iii. The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this
Development Code and the eligibility criteria outlined in Subsection 7.16.060(b);
Staff Response: In reviewing the compatibility of this project with the Avon Comprehensive Plan, Staff
finds that this lot split in Wildridge generally aligns with most of the cited “Avon Values,” policies, and
guiding principles. More specifically, the following statements reflect the intentions of the proposed
development when considering location, design, and aesthetics:
• Respect the Natural Environment. Enhance Avon’s strong connections to its spectacular scenery,
magnificent natural surroundings, and ample outdoor recreational opportunities.
• Have a Distinctive Built Form. Develop a hierarchy of built forms that reflects the importance of the
Town Center in the community. High quality design and finishes will exist throughout the
community.
• Enhance the Sense of Place and Character. Create a developed community made up of smaller
residential neighborhoods and a thriving Town Center that collectively provide a unique sense of
place and charm enjoyed by year-round residents and visitors alike.
• Promote Diversity. Strengthen a total environment that is supportive of and attainable to a diverse
community. The community is the sum of its parts and a healthy and vibrant community must
welcome and encompass people with a wide range of backgrounds, interests, vocations, family
status, and economic means.
These elements help in achieving the vision of this Plan.
Future Land Use and Planning Area
The Avon Comprehensive Plan’s Future Land Use Map designates the property as Residential - Low
Density, and includes this area as part of District 11: Northern Residential District. Single-family homes
are appropriate for Residential – Low Density areas, and this application is consistent with the proposed
future land use in Avon. The lot split does not increase the density of dwelling units.
The Avon Comprehensive Plan prescribes that landscaping “should reflect the area’s dry climate and
PUD24002
May 23, 2024
Page 7 of 11
typically steep terrain with low water-requiring plant materials and natural landscaping. The application
includes a landscaping plan demonstrating the Fire-Free-Five recommendation from the Fire Protection
District, to have all trees and plant material at least five feet from the building envelope. Additionally,
plants and shrubs are consistent with water-wise, sun-intense recommendations for the area, and 250
square feet of the total 912 square feet of irrigated area represents spray irrigation.
Under Planning Principles, the following statements are also relevant to this development:
• Encourage and support development that prohibits significant alteration of the natural
environment as well as ridgeline and steep slope development. This area should be highly
sensitive to visual impacts of improvements, wildlife preservation, and lighting.
The proposed subdivision and subsequent homes acknowledge the increasingly steep topography
towards the north of the site. The two homes are proposed to be built adjacent to the road, and the
shared driveway concept limits disturbed areas on the site. No fences are proposed with this project,
and the lighting is dark-sky compliant.
Policies of the Avon Comprehensive Plan
The following are applicable sections of the Avon Comprehensive plan that relate to this project:
Policy B.2.2: Promote a wide range of residential uses throughout the Town.
Policy C.1.2: Ensure compatible architectural features between adjacent buildings.
Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for
local working families.
Policy G.3.2: Enforce the use of “Dark Sky” compliant fixtures.
iv. Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development;
Staff Response: This property is included in the Upper Eagle River Water Authority and the Town
confirmed in 2023 that properties in Wildridge, including those that can accommodate duplex lots, have
water allocation from the Eagle River Water and Sanitation District (ERWSD). Gas, electricity, waste
services and emergency services are all available to this site.
v. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon the natural environment, including air, water, noise, storm water management,
wildlife and vegetation, or such impacts will be substantially mitigated;
Staff Response: The lot split will not result in adverse impacts to wildlife or the air, water, noise,
stormwater management, vegetation or wildlife that is otherwise present in the area.
vi. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse
impacts upon other property in the vicinity of the subject tract; and
Staff Response: Rezoning is not proposed with this application.
PUD24002
May 23, 2024
Page 8 of 11
vii. Future uses on the subject tract will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject tract.
Staff Response: The future use of the subject tract is proposed as two single-family homes. Properties
in the vicinity have duplex and single-family structures that range from 6,324 square feet to 2,901 square
feet. The square footage, including garages and decks, of the proposed structures on Lot 66 do not
exceed 5,222 square feet (Table 1-1).
Address Lot Size (Sq Ft) Structure Size (Sq Ft)
2323 FOX LN 29,185.2 4,146.7
2341 FOX LN 39,639.6 4,509.9
2365 FOX LN 29,141.6 6,106.6
2376 FOX LN 41,817.6 6,315.9
2394 FOX LN #A 21,780.0 4,230.0
2394 FOX LN #B 21,780.0 4,070.5
2345 FOX LN #A 17,249.8 3,527.0
2345 FOX LN #B 18,817.9 3,270.4
2381 FOX LN 41,382.0 6,324.0
2395 SADDLE RIDGE LP 22,215.6 6,159.7
2401 SADDLE RIDGE LP 18,730.8 4,747.3
2413 SADDLE RIDGE LP #A 9,147.6 3,280.0
2413 SADDLE RIDGE LP #B 8,276.4 2,901.0
2421 SADDLE RIDGE LP #A 10,977.1 3,723.0
2421 SADDDLE RIDGE LP #B 13,808.5 3,706.0
2427 SADDLE RIDGE LP 22,215.6 5,072.3
AVERAGE 22,885.3 4,505.6
PROPOSED L66A 19,253.5 4,424.0
PROPOSED L66B 15,202.4 5,222.0
Table 1-1 Neighborhood Homes by Total Square Footage
PUD24002
May 23, 2024
Page 9 of 11
Figure 5 - Proposed Homes Superimposed on Map of Existing Neighborhood
PLANNED UNIT DEVELOPMENT REVIEW CRITERIA § 7.16.060(h)(4), Additional Review Criteria
Town Council shall review a Lot Split Amendment to the Wildridge PUD application and Major Amendments in
the Wildridge PUD that include a Lot Split according the following criteria in addition to the review criteria for a
preliminary PUD development plan:
i. The application results in less total site coverage and contains restrictions on building envelopes
when deemed appropriate to minimize site coverage;
Staff Response: With the exception of “Non-developable Areas” identified on the Wilridge plat, the
Wildridge PUD does not require building envelopes; however, Staff has recommended a condition requiring
building envelopes for this application, to restricts future development on the site at the 5/13/24 PZC Public
Hearing. The applicant subsequently responded with an updated plat that now includes a building envelope
restriction.
ii. Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and
when a shared driveway curb cut would reduce site disturbance;
Staff Response: The plat presents the opportunity for a shared driveway and shared driveway curb cut,
and both are present on the subsequent Major Development Plan application for the two proposed single-
family homes.
iii. Areas not appropriate for development are designated on the PUD plan;
PUD24002
May 23, 2024
Page 10 of 11
Staff Response: The Wildridge PUD identifies “Non-developable Areas” on certain parcels; however, none
are present on Lot 66. Staff initially recommended designation of the northern portion of this lot as a Non-
developable Area however, the applicant’s proposal for restricted building envelopes similarly accomplishes
this designation.
iv. The proposed development of the site avoids disturbance of slopes greater than thirty percent
(30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to the
existing PUD designation; and, Staff Response: The site represents more than forty feet of elevation increase from the northern to
southern most point but no portion of the lot includes slope greater than thirty percent (30%).
v. The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity, including but not limited to: (A) enhanced landscaping;
(B) increased building setbacks (i.e. minimum twenty (20) feet separation between buildings and a
minimum ten (10) feet setback between properties);
(C) designated building footprints; (D) building height restrictions; and,
(E) designated architectural massing, including building square footage designation."
Staff Response: The applicant has proposed designated building footprints. The provided landscaping
plan includes water-wise plantings and thoughtful placement of new trees (away from the building envelope
and out of areas with intense sun-exposure). The plat includes the minimum setbacks as required along
the property lines (10 feet on each side of the shard lot line). The homes are at least 25’ apart. The homes
adhere to the height limitation/maximum of 35 feet.
OPTIONS:
Council has the following options:
• Approve as outlined below;
• Approve with modified findings and conditions;
• Continue application to future meeting pending additional details or studies; or
• Deny after formulating justifiable findings.
FINDINGS:
Staff Recommended Findings:
1. The application meets the general review criteria for all development applications detailed in §
7.16.020(f)(1), Review Criteria.
2. The Lot Split Amendment incorporates creative site design that achieves the purposes of the
Town’s Development Code. The split allows for two proposed homes, that represent an
improvement to what could be accomplished compared to existing zoning, and allows for a more
harmonious setting for two home-owners to co-exist without multiple shared spaces;
3. The Lot Split Amendment promotes public health, safety and general welfare by adding housing
inventory in a time and location where housing is limited;
PUD24002
May 23, 2024
Page 11 of 11
4. The Lot Split Amendment is consistent with the Avon Comprehensive Plan, promoting compatible
architecture and increasing the diversity of housing;
5. Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to existing development;
6. The Lot Split Amendment will not result in negative impacts to the natural environment. Wildlife
currently thrives in Wildridge despite residential development, and the Town has promoted
assessment of native vegetation that could increase wildfire risk that this development
accomplishes;
7. The Lot Split Amendment is not likely to result in significant impacts on other properties in the
vicinity;
8. Future uses on the subject lots will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject lots. The proposed homes included in this application
are sized and scaled to look and feel similar to other homes on Fox Lane and Saddle Ridgel Loop.
RECOMMENDED MOTION: “I move to approve Case #PUD24002, a Lot Split Amendment to Wildridge
PUD, based on the findings for a PUD Amendment as found in Staff’s report, with Staff’s recommended
conditions:”
Staff Recommended Conditions:
1. Access and maintenance agreement for the shared driveway and storage area to be recorded prior
to signature of the Minor Subdivision plat.
2. “Limits of disturbance” are assigned to the northern portion of the lot or restrictive building envelope
and designated on the plat prior to signature and recording.
Thank you, Max
ATTACHMENTS:
A. ATT A – PUD24002 Record of Decision from PZC Hearing 051324
B. ATT B – Resolution 24-15 DRAFT
C. ATT C – Updated Application Materials Following PZC Hearing 051324
D. ATT D – 051324 PZC Minutes and Public Comments
E. ATT E – Original RAL Application for Lot Split and Home Construction
F. ATT F – Public Comment for Council
DRAFT PZC Record of Decision: PUD24002
PLANNING AND ZONING COMMISSION FINDINGS OF FACT
AND RECORD OF DECISION
DATE OF PUBLIC HEARING:
TYPE OF APPLICATIONS:
PROPERTY LOCATION:
FILE NUMBER:
APPLICANT:
May 13, 2024
PUD Amendment for Lot Split in Wildridge
2332 Fox Lane
PUD24002
2332 Fox Lane LLC c/o RAL Architects
This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1)
PZC DECISION ON #PUD24002: Recommend Approval with Conditions
PUD AMENDMENT FINDINGS:
1.The Lot Split Amendment incorporates creative site design that achieves the purposes of the
Town’s Development Code. The split allows for two proposed homes, that staff considers an
improvement to what could be accomplished compared to if the lot remained one, and allows for a
more harmonious setting for two home-owners to co-exist without multiple shared spaces and
amenities that can cause disputes previously observed by Staff in traditional duplex housing in
Wildridge;
2.The Lot Split Amendment promotes public health, safety and general welfare by adding housing
inventory in a time and location where housing is limited;
3.The Lot Split Amendment is consistent with the Avon Comprehensive Plan, promoting compatible
architecture and increasing the diversity of housing;
4.Facilities and services (including roads and transportation, water, gas, electric, police and fire
protection and sewage and waste disposal, as applicable) will be available to serve the subject
property while maintaining adequate levels of service to exis ting development;
5.The Lot Split Amendment will not result in negative impacts to the natural environment. Wildlife
currently thrives in Wildridge despite residential development, and the Town has promoted
assessment of native vegetation that could increase wildfire risk th at this development
accomplishes;
6.The Lot Split Amendment is not likely to result in significant impacts on other properties in the
vicinity;
7.Future uses on the subject lots will be compatible in scale with uses or potential future uses on
other properties in the vicinity of the subject lots. The proposed homes included in this application
are sized and scaled to look and feel similar to other homes on Fox Lane and Saddle Ridgel Loop.
GENERAL CRITERIA FINDINGS :
1.The development application for the park improvements is complete;
2.The development application provides sufficient information to allow the reviewing authority to
determine that the development application complies with the relevant review criteria;
3.The development application for the park improvements complies with the goals and policies of the
Avon Comprehensive Plan; and
ATT A - PZC Record of Decision DRAFT to be Signed
DRAFT PZC Record of Decision: PUD24002
4.The demand for public services or infrastructure exceeding current capacity is mitigated by the
development application.
Staff Recommended Conditions:
1.Access and maintenance agreement for the shared driveway and storage area to be recorded prior
to signature of the Minor Subdivision plat.
2.“Limits of disturbance” are assigned to the northern portion of the lot, and designated on the plat
prior to signature and recording.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:
PZC Chairperson
DATE:
ATT A - PZC Record of Decision DRAFT to be Signed
RESOLUTION 24-15
APPROVING C ASE PUD24002, A MINOR PUD
AMENDMENT TO LOT 66, BLOCK 1,
WILDRIDGE SUBDIVISION
WHEREAS, Bobby Lad d, on behalf of 2332 Fox Lane LLC (“Applicant”), has submitted a
Minor PUD Amendment Application (“Application”), for Lot 66 Block 1 Wildridge
Subdivision; and
WHEREAS, the Application was reviewed as a “Minor PUD Amendment” pursuant to code
section 7.16.060(h)(ii) and 7.16.060(h)(iii), Avon Development Code; and
WHEREAS, the Planning and Zoning Commission held a public hearing May 13, 2024 after
posting notice of such hearing in accordance with the requirements of section 7.16.020(d), Step
4: Notice, Avon Development Code, and considered all comments provided; and
WHEREAS, after holding a public hearing on May 13, 2024, the Planning and Zoning
Commission made a recommendation that the Town Council approve the Application with
conditions; and
WHEREAS, the conditions include the requirement for the Applicant to provide an “Access
and maintenance agreement for the shared driveway and storage area to be recorded prior to
signature of the Minor Subdivision plat” and “’Limits of disturbance’ are assigned to t he
northern portion of the lot, and designated on the plat prior to signature and recording .”; and
WHEREAS, the Avon Town Council held a public hearing on May 28, 2024, after posting
notice of such public hearings in accordance with the requirements of Section 7.16.020(d), Step
4: Notice, Avon Development Code, and considered all comments provided; and
WHEREAS, the Avon Town Council considered t he review criteria set f orth in section
7.16.060(e)(4), Review Criteria, Section 7.16.060(h)(ii), Minor Amendment, and Section
7.16.060(h)(iii), Lot Split Amendment to Wildridge PUD , and f ound t he A pplication in
compliance with the Review Criteria.
WHEREAS, the A von Town Council finds that the PUD Amendment for a Lot Split in
Wildridge will promote t he health, safety and general welfare of t he A von community.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that t he Avon Town
Council hereby approves the application for an amendment t o the Wildridge Planned Unit
Resolution 24-15, Wilridge PUD Amendment– May 28, 2024
ATT B - Resolution 24-15 DRAFT
Resolution 24-15, Wilridge PUD Amendment– May 28, 2024
Page 2 of 2
Development (“PUD”) in order to subdivide Lot 66, Block 1, currently addressed as 2332 Fox
Lane, into two separate lots with the following conditions:
1)Access and maintenance agreement for the shared driveway and storage area to be
recorded prior to signature of the Minor Subdivision plat.
2)“Limits of disturbance” are assigned to the northern portion of the lot, and designated on
the plat prior to signature and recording.
ADOPTED May 28, 2024 by the AVON TOWN COUNCIL
By: Attest:___________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ATT B - Resolution 24-15 DRAFT
Page 1 of 2
2332 Fox Lane
Lot Split PUD Amendment
Lot 66
Block 1
Wildridge Subdivision
Town of Avon, Colorado
May 22, 2024
ATT C - Updated Materials Following 051324 PZC Hearing
Vicinity Map
ATT C - Updated Materials Following 051324 PZC Hearing
Introduction
Lots 66 is approximately 0.79 ares and sits on the north side of Fox Lane soon after the
intersection with Saddleridge Loop. The property is a steep downhill sloping lot with limiting
grades and building site access. The areas of the lot that abut Fox Lane are the steepest and
present grading challenges to access the property. The lot is a pie shape with the widest portion
immediately adjacent to Fox Lane narrowing to a singular point at the far North part of the
property where it intersects with Tract E (open space). The property is bordered by one lot to
the west and four significantly smaller lots to the east, ranging from .40 to .57 acres, that back
up to the subject property and are accessed from Saddleridge Loop. Fox Lane terminates at a
cul-de-sac shortly past this property.
Under the Wildridge PUD, Lot 66 is currently zoned for two total dwelling units, contained in one
duplex. This PUD proposes replatting Lot 66 into two separate lots permitting one single family
residence on each property. These lots would be entered by a shared access point limiting the
impact to Fox Lane and creating a safer site access by minimizing the intensity of use at the
road through an improved grading solution, maximized visibility, and reduced traffic interaction
points. The proposed density would remain the same as is currently permitted on the property.
ATT C - Updated Materials Following 051324 PZC Hearing
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TOPOGRAPHIC MAP
LOT 66, BLOCK 1, WILDRIDGE
TOWN OF AVON
EAGLE COUNTY, COLORADO
ATT C - Updated Materials Following 051324 PZC Hearing
Zoning Analysis
Existing Proposed
Density Lot 66 - 2 Units (Duplex)Lot 66A - 1 Unit (Single Family)
Lot 66B - 1 Unit (Single Family)
Total - 2 Units Total - 2 Units
Setbacks Lot 66 Lot 66A
Front - 25’Front - 25’
Side - 10’Side - 10’
Rear 10’Rear - 10’
Proposed Envelope - 5,528 sf
Lot 66B
Front - 25’
Side - 10’
Rear - 10’
Proposed Envelope - 7,555 sf
Total Developable Area - 22,216 sf Total Developable Area - 13,083 sf
Area Lot 66 Lot 66A
No limit Maximum residential floor area - 4,000sf
Lot 66B
Maximum residential floor area - 5,000sf
Height Lot 66 Lot 66A
35’35’, 30’ for roofs less than 4:12 slope
Lot 66B
35’, 30’ for roofs less than 4:12 slope
ATT C - Updated Materials Following 051324 PZC Hearing
Δ
Δ
Δ
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ATT C - Updated Materials Following 051324 PZC Hearing
PUD Review Criteria
(ii)Minor Amendment. A proposed PUD amendment is considered minor if it meets
the following criteria for decision and has been determined as such by the Director.
(A)The PUD amendment does not increase the density, increase the amount of
nonresidential land use or significantly alter any approved building scale and
mass of development.
The proposed PUD amendment maintains the same density as is currently permitted on
the property. Maintaining approved building scale and massing would be through
creating building massing restrictions as demonstrated in the Zoning Analysis on
previous pages. Currently there are no size and scale limitations on the property beyond
the building setbacks and maximum building height. Separating the structure into two
smaller units would create a smaller visual affect of the buildings on the property and
create building masses contextual with other nearby structures as well as allow for
creative arrangement of the buildings to better integrate with the existing grade on the
property.
(B)The PUD amendment does not change the character of the development
and maintains the intent and integrity of the PUD.
The proposed PUD amendment does not alter the character of the development as the
proposed structures are consistent with the size and massing of existing structures
within the Wildridge PUD.
(C)The PUD amendment does not result in a net decrease in the amount of
open space or result in a change in character of any of the open space proposed
within the PUD.
Open space is not affected with this PUD amendment. Additionally, under this proposed
amendment, area on the subject property will be removed from the developable area
creating more open space within the property boundaries.
(iii)Lot Split Amendment to Wildridge PUD. A proposed PUD amendment to the
Wildridge PUD to permit a lot split of a duplex lot into two (2) lots is considered a Lot
Split Wildridge PUD amendment if it meets the following criteria for decision and has
been determined as such by the Director:
(A)The proposed duplex lot split is located in the Wildridge PUD Subdivision
on a vacant, undeveloped lot.
The subject property is within the Wildridge PUD and undeveloped.
(B)The proposed PUD amendment meets the criteria for a Minor Amendment
in Section 7.16.060(h)(1)(ii).
See above.
ATT C - Updated Materials Following 051324 PZC Hearing
(C)The PUD amendment proposes to split one (1) lot permitting a residential
duplex dwelling into two (2) lots permitting one (1) detached single-family-
residential dwelling on each lot.
See Zoning Analysis on previous pages.
Additional Review Criteria. The PZC shall review a Lot Split Amendment to the Wildridge
PUD application and Major amendments in the Wildridge PUD that include a Lot Split
according to the following criteria in addition to the review criteria for a preliminary PUD
development plan:
(i)The application results in less total site coverage and contains restrictions
on building envelopes when deemed appropriate to minimize site coverage;
The proposed zoning would restrict the development area to 59% of the current
developable area of the lot.
(ii)Driveway disturbance is minimized and a shared driveway curb cut is
utilized when feasible and when a shared driveway curb cut would reduce site
disturbance;
A shared driveway is proposed for both lots. The shared driveway allows an opportunity
to lower the garage and subsequently the overall structure on Lot 66B placing it more in
elevation scale with the adjacent properties that back up to the lot to the East. This will
also reduce the intensity of the site disturbance by minimizing import of fill and founding
the structures closer to natural grade.
(iii)Areas not appropriate for development are designated on the PUD plan;
The lower, northern portion of the lot would be removed from the buildable area and
excluded from the building envelope. Building in this area would result in a greater
increase in site disturbance than locating the structures along Fox Lane at the high point
of the lot.
(iv)The proposed development of the site avoids disturbance of slopes greater
than thirty percent (30%) or reduces potential disturbance of slopes greater than
thirty percent (30%) compared to the existing PUD designation; and,
Utilizing a shared driveway preserves the site frontage along Fox Lane which is the
steepest portion of the lot. Splitting the property creates a preferred design solution of
two smaller independent masses that may be located to better engage the existing
topography and prevent creating a scenario along Fox Lane of excessive backfill areas
into the steeper portions of the property.
ATT C - Updated Materials Following 051324 PZC Hearing
(v)The PUD plan incorporates requirements and/or restrictions as deemed
appropriate to minimize or mitigate impacts to properties in the vicinity including
but not limited to:
(A)enhanced landscaping;
(B)increased building setbacks (i.e. minimum twenty (20) feet
separation between buildings and a minimum of ten (10) feet setback
between properties);
(C)designated building footprints;
(D)building height restrictions; and
(E)designated architectural massing, including building square footage
designation.
Development restrictions are proposed to limit building massing through the
following:
A.Separating the units into two structures creates a landscape buffer zone
between the units softening the appearance and reducing the linear massing and
length of the building dictated by the steep terrain. The separation also creates
better defensible space and fire fighting access both to the structures and the
bottom portion of the property. The added landscape separation will also provide
for additional wildlife paths through the property.
B.Building setbacks between the two proposed properties and structures
have been provided as required. The proposed dedicated building envelope line
on the north portion of the lot increases the rear setback.
C.Building footprints will be restricted to specific building envelopes that are
smaller and significantly more restrictive than the current setback requirements.
D.Building height restrictions are proposed in compliance with current
Wildridge requirements. Additionally, the project has requested an AEC for roofs
flatter than 4:12 slope which would have a maximum height limit of 30’.
E.Both building envelope and total building areas will be limited to maximum
sizes.
See Zoning Analysis on previous pages for specific details.
ATT C - Updated Materials Following 051324 PZC Hearing
81
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ATT C - Updated Materials Following 051324 PZC Hearing
∆
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WILDRIDGE
FINAL PLAT
A RESUBDIVISION OF LOT 66, BLOCK 1, WILDRIDGE
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO
LAND USE SUMMARY
PARCEL AREA USE ADDRESS
LOT 66A 0.4420 AC. SINGLE FAMILY RESIDENCE 2332A FOX LANE
LOT 66B 0.3489 AC. SINGLE FAMILY RESIDENCE 2332B FOX LANE
TOTAL = 0.7909 AC.
VICINITY MAP
%NGTMCPF4GEQTFGTU%GTVKHKECVG
This Plat was filed for record in the Office of the Clerk and Recorder at _____ o'clock _____, on this
day of ___________________, 2024 and is duly recorded at Reception No._________________.
_________________________________, Clerk and Recorder
By:_______________________________, Deputy
5WTXG[QTU%GTVKHKECVG
I, Samuel H. Ecker, do hereby certify that I am a Professional Land Surveyor licensed under the
laws of the State of Colorado, that this Plat is a true, correct and complete Plat of A Resubdivision of Lot 66,
Block 1, Wildridge, Town of Avon, County of Eagle, State of Colorado, as laid out, platted, dedicated and
shown hereon, that such plat was made from an accurate survey of said property by me and under my
supervision and correctly shows the location and dimensions of the lots, easements and streets of said
subdivision as the same are staked upon the ground in compliance with applicable regulations governing the
subdivision of land, that such plat is based upon the professional land surveyor's knowledge, information and
belief, that such plat has been prepared in accordance with applicable standards of practice, and that such
plat is not a guaranty or warranty, either expressed or implied. All monuments are set as required by the
Subdivision Regulations of the Town of Avon.
In Witness Whereof, I have set my hand and seal this 26th day of February, A.D., 2024.
__________________________
Samuel H. Ecker
Colorado P.L.S. No. 30091
6KVNG%GTVKHKECVG
Land Title Guarantee Company does hereby certify that it has examined the title to all lands shown upon
this plat and that title to such lands is vested in 2332 Fox Lane LLC, a Colorado limited liability company,
free and clear of all liens, encumbrances, and assessments except as follows:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Dated this _______ day of __________________, A.D., 2024.
______________________________________________
Agent signature
%GTVKHKECVGQH6CZGU2CKF
I, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as
of __________________ upon all parcels of real estate described on this plat are paid in full. Dated this
_______ day of ________________, A.D., 2024.
_____________________________, Eagle County Treasurer
%GTVKHKECVGQH&GFKECVKQPCPF1YPGTUJKR
Know all men by these presents that 2332 Fox Lane LLC, a Colorado limited liability company, being sole
owner in fee simple of all that real property described as follows:
Lot 66, Block 1, Wildridge, per the plat thereof recorded October 8, 1981 under Reception Number 226437
in the office of the Eagle County Clerk and Recorder,
and containing 0.7909 acres more or less; has by these presents laid-out, platted and subdivided the same
into Lots and Blocks as shown hereon and designate the same as A Resubdivision of Lot 50, Block 3,
Wildridge, Town of Avon, County of Eagle, State of Colorado and dedicate for public use the streets shown
herein including avenues, drives, boulevards, lanes, courts and alleys to the Town of Avon; and the utility
and drainage easements shown hereon for utility and drainage purposes only; and do further state that this
subdivision shall be subject to the Protective Covenants filed and recorded for this Subdivision in the office
of the Clerk and Recorder of Eagle County, Colorado, as Document Number _________________.
EXECUTED this ______ day of ________________, A.D., 2024.
Owner: 2332 Fox Lane LLC Address: PO Box 516
a Colorado limited liability company Avon, CO 81620
By: __________________________
Title: _________________________
STATE OF ________________ )
)SS
COUNTY OF ______________ )
The foregoing Certificate of Dedication and Ownership was acknowledged before me this _____ day of
_______________, A.D., 2024 by __________________________ as _____________________ of 2332
Fox Lane LLC, a Colorado limited liability company.
My Commission expires:___________________________
Witness my hand and official seal.
________________________________________________
Notary Public
GENERAL NOTES:
1) DATE OF SURVEY: FEBRUARY 2024.
2) BEARINGS BASED UPON THE LINE CONNECTING THE MONUMENTS FOUND IN PLACE MARKING THE SOUTHWESTERLY
CORNER OF SAID LOT 50, BEING A No. 5 REBAR WITH A 1 12" ALUMINUM CAP, P.L.S. No. 5447 AND THE NORTHERLY CORNER
OF SAID LOT 50, BEING A No. 5 REBAR WITH A 1 12" ALUMINUM CAP, P.L.S. No. 5447, SAID BEARING BEING N02°11'29"W, PER
THE PLAT OF WILDRIDGE, RECORDED OCTOBER 8, 1981, UNDER RECEPTION No. 226437. (SEE DRAWING).
3) MONUMENTATION AS INDICATED HEREON.
4) THE SOLE PURPOSE OF THIS PLAT IS TO SUBDIVIDE LOT 66, BLOCK 1, WILDRIDGE TO CREATE LOT 66A AND LOT 66B
AND THE ACCESS EASEMENT AS INDICATED HEREON.
5) THE SOLE PURPOSE OF THE ACCESS EASEMENT CREATED BY THIS PLAT IS FOR INGRESS AND EGRESS TO AND FROM
SAID LOTS 66A AND 66B.
6) GORE RANGE SURVEYING LLC DID NOT PERFORM A TITLE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH
OWNERSHIP, EASEMENTS OR RIGHTS OF WAY OF RECORD. RECORD DOCUMENTS UTILIZED IN THE PREPARATION OF THIS
PLAT WERE PROVIDED BY LAND TITLE GUARANTEE COMPANY, ORDER No. V50071202, WITH AN EFFECTIVE DATE OF
FEBRUARY 20, 2024 AT 5:00 P.M..
7) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN
HEREON.
8) ALL REFERENCES TO RECORD DOCUMENTS ARE TO THOSE REAL ESTATE RECORDS OF THE OFFICE OF THE EAGLE
COUNTY CLERK AND RECORDER.
9) LINEAL UNITS INDICATED ARE IN U.S. SURVEY FEET.
LOTS 66A AND 66B ARE SUBJECT TO:
10) RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY
COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL
STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH
IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED
BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 14, 1982, IN BOOK 345 AT PAGE 844.
11) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE WILDRIDGE
SUBDIVISION FINAL PLAT RECORDED OCTOBER 8, 1981 IN BOOK 330 AT PAGE 78.
6QYP%GTVKHKECVG
This Final Plat is approved by the Town of Avon, County of Eagle, Colorado this _______ day of
________________, 2024 for filing with the Clerk and Recorder of the County of Eagle. Approval of this
plat by the Town is consent only and is not to be construed as an approval of the technical correctness of
this plat or any documents relating thereto.
WITNESS MY HAND AND SEAL OF THE TOWN OF AVON
THE TOWN OF AVON
By:________________________________
Director of Community Development
Attest:______________________________
Town Clerk
ATT C - Updated Materials Following 051324 PZC Hearing
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AVON PLANNING & ZONING COMMISSION
MEETING MINUTES
MONDAY, MAY 13, 2024
100 MIKAELA WAY – AVON COUNCIL CHAMBERS
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
MEETING COMMENCED AT 5:30PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS KEVIN HYATT, BILL
GLANER, OLIVIA COOK AND NEW COMMISSIONERS NICOLE MURAD AND BRIAN SIPES WERE PRESENT. ALSO
PRESENT WERE TOWN MANAGER ERIC HEIL, COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP,
PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, AND DEVELOPMENT COORDINATOR, EMILY
BLOCK.
PROPERTY AND BUSINESS OWNERS, MARISA AND MERRILL LAHMAN REPRESENTING WALKIN’ THE DOG WERE
PRESENT AS APPLICANTS FOR SRU24001. PROFESSIONAL ARCHITECT BOBBY LADD, AND DEVELOPER SEAN
REYNOLDS WERE PRESENT AS APPLICANTS FOR PUD24002, MJR24003, AEC24002, PUD24001, MJR24002, &
AEC24001.
COMMISSIONERS BRAD CHRISTIANSON AND ANTHONY SEKINGER WERE NOT IN ATTENDANCE. KEVIN HYATT SERVED
AS PZC CHAIRPERSON, IN COMMISSIONER SEKINGER’S ABSENCE.
2. SWEARING IN OF NEW COMMISSION MEMBERS
ACTION: NEW COMMISSIONERS NICOLE MURAD AND BRIAN SIPES WERE SWORN IN BY DEPUTY TOWN CLERK
BRENDA TORRES.
3. APPROVAL OF AGENDA
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER SIPES
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
COMMISSIONER SIPES SHARED THAT HE RECEIVED AN EMAIL ON MAY 6, 2024 CONCERNING THE DEVELOPMENT
APPLICATIONS FOR 2332 FOX LANE FROM AN AVON RESIDENT. IN A REPLY EMAIL TO THE RESIDENT SHARED WITH
COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, COMMISSIONER SIPES EXPRESSED THAT HE IS
“NOT AT LIBERTY TO DISCUSS ACTIVE APPLICATIONS”, WHICH WAS CONFIRMED BY THE DIRECTOR TO BE THE
APPROPRIATE RESPONSE. THE PZC COMMISSIONERS MADE NO FURTHER COMMENT ON THIS DISCLOSURE.
5. PUBLIC HEARINGS
5.1. SRU24001 WALKIN’ THE DOG BUSINESS OPERATION – MAX MORGAN, PLANNER II
ATT D - 051324 PZC Minutes and Comment
PUBLIC COMMENT:
1. THE TOWN RECEIVED PUBLIC COMMENT VIA EMAIL FROM PAUL JARDIS, PRESIDENT OF THE METCALF
COMMERCIAL PARK OWNERS ASSOCIATION EXECUTIVE BOARD, ON APRIL 18, 2024 IN ANTICIPATION OF THE
ORIGINALLY SCHEDULED APRIL 22, 2024 PUBLIC HEARING FOR SRU24001, WHICH WAS CONTINUED TO MAY
13, 2024 IN ORDER FOR THE APPLICATION TO BE PROPERLY NOTICED. IN THE EMAIL, PAUL JARDIS REQUESTED
THAT THE PUBLIC HEARING BE “DELAYED”, OR IF NOT DELAY, DENIED. THIS EMAIL FROM PAUL JARDIS WAS
INCLUDED IN THE PZC PACKET AS PART OF THE SRU24001 APPLICATION.
PAUL JARDIS SENT A SECOND EMAIL ON MAY 13, 2024 AS THE PRESIDENT OF THE METCALF COMMERCIAL
PARK OWNERS ASSOCIATION EXECUTIVE BOARD, “RESPECTFULLY REQUESTING THAT THIS REQUEST FOR AN
EXPANDED SPECIAL REVIEW USE PERMIT BE DENIED.” THIS EMAIL WAS RECEIVED IN TIME TO BE INCLUDED
WITH THE PZC PACKET PUBLISHED ON MAY 10, 2024 HOWEVER, STAFF DISTRIBUTED A PRINTED VERSION OF
THE EMAIL TO PZC COMMISSIONERS, AND MADE THE SAME PRINTED COPY AVAILABLE TO THOSE IN
ATTENDANCE OF THE PUBLIC HEARING ON MAY 13, 2024.
2. THE TOWN RECEIVED AN EMAIL FROM SEAN REYNOLDS (5032 WILDRIDGE RD E #A) EXPRESSING SUPPORT
FOR APPROVAL OF SRU24001 ON APRIL 19, 2024.
3. DURING THE PUBLIC HEARING, WILL CUMMINGS (EAGLE-VAIL) SPOKE IN FAVOR OF THE APPLICATION,
RECOMMENDING APPROVAL FOR SRU24001
4. DURING THE PUBLIC HEARING, ANNE “ANNIE” DEWATERS (2421 SADDLE RIDGE LOOP A) SPOKE IN FAVOR OF
THE APPLICATION, RECOMMENDING APPROVAL FOR SRU24001
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE SRU24001 WITH THE RECOMMENDED
CONDITIONS FROM STAFF, INCLUDING ONE REVISION TO RECOMMENDED CONDITION #1, TO REPLACE THE
WORD “MAY” FOR “SHALL”.
THE UPDATED CONDITION READS “THE PERMIT IS VALID FOR TWENTY-FOUR (24) MONTHS; AT LEAST THIRTY
(30) DAYS PRIOR TO THE EXPIRATION, THE HOLDER OF THE SPECIAL REVIEW USE APPROVAL SHALL APPLY
FOR A REVIEW HEARING BEFO RE THE PZC.”
COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED 4-1. COMMISSIONER SIPES
REPRESENTED THE DISSENTING VOTE.
5.2. PUD24001 / MJR24002 / AEC24001 NEW RESIDENCE 4644 NORTH POINT – MAX MORGAN, PLANNER II
STAFF INTRODUCED THE APPLICATION, AND THE APPLICANT GAVE A PRESENTATION AND ANSWERED QUESTIONS
FROM THE PZC AS WELL AS THE PUBLIC.
PUBLIC COMMENT:
1. DURING THE PUBLIC HEARING, CHAD HOLLEMAN (2365 FOX LANE) ASKED A QUESTION CONCERNING
POTENTIAL, ADDITIONAL DEVELOPMENT ON THE SITE.
2. ROBERT PFAFF (2345 FOX LANE B) ADDRESSED THE COMMISSION AND STAFF TO INDICATE OPPOSITION TO THE
PROPOSED DEVELOPMENT.
ATT D - 051324 PZC Minutes and Comment
COMMISSIONER SIPES CLARIFIED THAT THIS WAS THE PUBLIC’S OPPORTUNITY TO PRESENT QUESTIONS TO
STAFF CONCERNING THE APPLICATION FOR THE PROPOSED PROJECT AT 4644 NORTH POINT, BUT THE
COMMENTS ARE NOTED.
3. MARY ISOM (2421 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
4. COLIN MEIRING (4660 NORTH POINT A) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
ACTION: COMMISSIONER SIPES MADE A MOTION TO CONTINUE THE APPLICATION FOR PUD24002 TO THE JUNE
10, 2024 PZC MEETING IN ORDER FOR STAFF TO SEEK COUNSEL RELATED TO POTENTIAL DISTURBANCE IN THE
NON-DEVELOPABLE AREA ON THE LOT. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION PASSED
UNANIMOUSLY, 5-0. THIS ACTION EFFECTIVELY TABLED THE PUBLIC HEARING RELATED TO MJR24002 AND
AEC24001.
5.3. PUD24002 / MJR24003 / AEC24002 NEW RESIDENCE 2332 FOX LANE– MAX MORGAN, PLANNER II
STAFF INTRODUCED THE APPLICATION, AND THE APPLICANT GAVE A PRESENTATION AND ANSWERED QUESTIONS
FROM THE PZC AS WELL AS THE PUBLIC.
PUBLIC COMMENT:
1. ROBIN USATCH (2345 FOX LANE A) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
2. JODY ETTERS (2413 SADDLE RIDGE LOOP A) PRESENTED A HAND-OUT TO THE PZC, STAFF AND MEMBERS OF
THE PUBLIC, AND ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED DEVELOPMENT
APPLICATIONS.
3. PEPPER ETTERS (2413 SADDLE RIDGE LOOP A), ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE
PROPOSED DEVELOPMENT APPLICATIONS.
4. DANIELA DEMEILLAC (2395 SADDLE RIDGE LOOP) ADDRESSED THE PZC TO COMMENT ON DEVELOPMENT IN
WILDRIDGE AND THE PZC.
5. MATT GARNSEY (2101 OLD TRAIL ROAD C) ADDRESSED THE PZC TO EXPRESS SUPPORT TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
6. MIKE CHADWELL (2413 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE
PROPOSED DEVELOPMENT APPLICATIONS.
7. ANN MARIE CHADWELL (2413 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO
THE PROPOSED DEVELOPMENT APPLICATIONS.
8. BOB ISOM (2421 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
9. JULIE OZOG (2323 FOX LANE) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
ATT D - 051324 PZC Minutes and Comment
10. ANNE “ANNIE” DEWATERS (2421 SADDLE RIDGE LOOP A) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO
THE PROPOSED DEVELOPMENT APPLICATIONS.
11. ANN MARIE CHADWELL REAPPROACHED THE PODIUM AND ADDRESSED THE PZC TO RE-AFFIRM OPPOSITION
TO THE PROPOSED DEVELOPMENT APPLICATIONS..”
12. MARY ISOM (2421 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE
PROPOSED DEVELOPMENT APPLICATIONS..
13. PEPPER ETTERS (2413 SADDLE RIDGE LOOP A) RE-ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE
PROPOSED DEVELOPMENT APPLICATIONS.
TOWN MANAGER ERIC HEIL REMINDED STAFF, THE COMMISSION AND THE MEETING ATTENDEES THAT THEY SHOULD
BE LIMITED TO THREE MINUTES OF PUBLIC COMMENTS, AND ASKED IF THERE WERE ANY NEW PUBLIC COMMENTS.
NO NEW PUBLIC COMMENTS WERE PRESENTED. COMMISSIONERS SHARED COMMENTS ON THE APPLICATION.
ACTION 1: COMMISSIONER GLANER MADE A MOTION TO RECOMMEND APPROVAL OF APPLICATION PUD24002 AS
PRESENTED IN THE STAFF REPORT, INCLUDING CONDITIONS RECOMMENDED BY STAFF. COMMISSIONER SIPES
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0.
ACTION 2: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE APPLICATION FOR AEC24001 AS PRESENTED
IN THE STAFF REPORT, WITH NO CONDITIONS. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION
PASSED UNANIMOUSLY, 5-0.
ACTION 3: COMMISSIONER SIPES MADE A MOTION TO TABLE APPLICATION MJR24003 “TO HAVE THE APPLICANT
REVISIT THE OVERALL SITE DISTURBANCE IN RESPECT TO SETBACK-TO-SETBACK DISTURBANCE ON THE UPHILL
PORTION OF THE LOT, AND LOOKING AT THE MASSING THAT IS RESULTING.” COMMISSIONER MURAD SECONDED
THE MOTION. THE MOTION PASSED 4-1, WITH COMMISSIONER GLANER REPRESENTING THE DISSENTING VOTE.
5. CONSENT AGENDA
5.1. APRIL 22, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES
5.2. RECORD OF DECISION – TMP24003 DIVAS TRAILERS CONSTRUCTION STAGING – MAX MORGAN,
PLANNER II
5.3. RECORD OF DECISION – MNR23003 / AEC24003 EAGLE RIVER WATER & SANITATION DISTRICT
FENCE IN WILDRIDGE – MAX MORGAN, PLANNER II
5.4. RECORD OF DECISION – REZ24001 EAST AVON REZONING – JENA SKINNER, AICP, PLANNING
MANAGER
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER COOK
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY.
6. FUTURE MEETINGS
6.1. MAY 27, 2024 – NO MEETING – MEMORIAL DAY
6.2. JUNE 10, 2024 (MONDAY – WITH PZC TRAINING)
7. STAFF UPDATES
ATT D - 051324 PZC Minutes and Comment
7.1. JUNE 10 JOINT DDA | PZC MEETING – SUB AREA PLANS
7.2. EVSE COHORT
8. ADJOURN
ACTION: COMMISSIONER HYATT ADJOURNED THE MEETING AT 8:28PM.
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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE
TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.
APPROVED:
X
CHAIRPERSON
ATTACHMENTS:
ATTACHMENT A: ETTERS HANDOUT RELATED TO PUD24002 / MJR24003
ATT D - 051324 PZC Minutes and Comment
_______________________________________________________________________________
ATTACHMENT A: ETTERS HANDOUT RELATED TO PUD24002 / MJR24003 (INCLUDED AS ATTACHMENT E
FOR AVON TOWN COUNCIL PACKET 052824)
ATT D - 051324 PZC Minutes and Comment
1
Max Morgan
From:Jan Cammermeyer <jan.cmc1996@yahoo.com>
Sent:Sunday, May 5, 2024 3:12 PM
To:Max Morgan
Cc:Kit Cammermeyer; Allison Wadey; Jim Yager; Suzanne Yager; Jennie Wahrer; Rob Pfaff;
durkeeinvail@comcast.net; dzoggy@gamail.com
Subject:Land Use Application 2332 Fox Lane
Attachments:2024.05.05 Lot 66 Matrix.pdf; IMG_6782.pdf; IMG_6784.pdf
Mr. Morgan good afternoon. This email is our written response statement to the request for ReSubdivision of Lot
66 Block 1 in Wildridge.
We are opposed to the applicant's request to build 2-homes, greatly exceeding the Heated Area Square Footage that
currently exists on our small Fox Lane cul-de-sac.
As proposed the residential homes will require the demolition of a healthy aspen tree area along the west boundary
and create a large south/west building front (A0.3, A2.1 Plan A South Elevation and A2.1 Plan B West Elevation)
that is not consistent with our street frontage.
For your review are:
1. Building density statistics:
Below matrix based on Eagle County Tax Records. (Also attached
.pdf)
The applicant is requesting rezoning based on a design that almost doubles the density that was approved and built
in our small community over past 30-years. In keeping with our historical surroundings the Heated SF area for Lot
66 should not exceed 4400SF +/-. Not the 7244 SF proposed.
ATT D - 051324 PZC Minutes and Comment
2
2. Aspen Trees - With the requested increased density the large healthy Aspen Tree grove is in jeopardy. All our
Aspen groves are experiencing weather related stress. This new plan will eliminate this Aspen grove.
Below are some photo's, have also attached as .pdf's
West Property Line
ATT D - 051324 PZC Minutes and Comment
3
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4
View looking west from near east property corner
ATT D - 051324 PZC Minutes and Comment
5
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6
We are not opposed to development of this lot, however consideration for density and protecting our natural
surroundings, should take precedent over immediate monetary gains.
After a review please let me know if you have any questions.
Unfortunately we will not be able to attend the upcoming hearing but understand this statement will be forwarded
to the review board.
Thank you and have a pleasant day.
Kit and Jan Cammermeyer
2394 Fox Lane B
PO Box 2862 (Must be included for any mailing)
Avon, CO 81620
703-966-6997 (Best # cell - OK to leave message)
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LOT 66, BLOCK 1, WILDRIDGE
TOWN OF AVON
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From:Brenda Torres
To:Joseph Rosica; Max Morgan
Cc:Jody Swoboda
Subject:RE: PUD24002
Date:Friday, May 24, 2024 8:08:16 AM
Good morning,
Thank you for your input. Your public comment will be added to the packet for the May 28th
Council meeting.
Thank you,
Brenda Torres, CMC
Court Clerk | Deputy Town Clerk
970.748.4022
btorres@avon.org
From: Joseph Rosica @aol.com>
Sent: Friday, May 24, 2024 7:51 AM
To: Brenda Torres <btorres@avon.org>; Max Morgan <mmorgan@avon.org>
Cc: Jody Swoboda @hotmail.com>
Subject: PUD24002
I live at 2401 Saddle Ridge Loop, Avon, CO, adjacent to Lot 66, Block 1, Wildridge,
2332 Fox Lane.
I am against the proposed build of 2 separate homes on this property, as it violates
the current zoning. The lot, which is currently undeveloped, has a large impact on the
open space in the area, with implications to the flora and fauna in the area. There is
currently abundant wildlife including deer, prairie grouse, fox and bear in the area.
From the American Bird Conservancy web site (Greater Prairie-Chicken:
Although the Greater Prairie-Chicken is not federally listed under
the Endangered Species Act, it is considered Threatened in several
states and is listed as Vulnerable on the IUCN Red List of Threatened
Species. Preservation of large tracts of native grassland is particularly
important to this species' survival.
Increasing the housing density in the area will have a negative impact on the area,
both real estate values and naturally.
ATT F - Public Comment for Council (PUD24002)
Joe Rosica
2401 Saddle Ridge Loop
Avon, CO
ATT F - Public Comment for Council (PUD24002)
From:Brenda Torres
To:MIKE DURKEE; Max Morgan
Subject:RE: 2332 Fox Lane proposed lot split and development
Date:Friday, May 24, 2024 8:08:11 AM
Good morning,
Thank you for your input. Your public comment will be added to the packet for the May 28th
Council meeting.
Thank you,
Brenda Torres, CMC
Court Clerk | Deputy Town Clerk
970.748.4022
btorres@avon.org
From: MIKE DURKEE @comcast.net>
Sent: Friday, May 24, 2024 2:58 AM
To: Brenda Torres <btorres@avon.org>; Max Morgan <mmorgan@avon.org>
Subject: 2332 Fox Lane proposed lot split and development
Avon Town Council, PZC members, Max Morgan, Brenda Torres,
As owners of lot 60, 2341 Fox Lane, Wildridge, and as direct neighbors across the
street from lot 66, 2332 Fox Lane, Denise and I would like to express our opposition
to the proposed lot split and development plan, as purposed. We respectfully hope
that the Council see's, listens too, and takes into account all of the opposition (from
EVERY single homeowner that adjoins, abuts, or are in close proximity to lot 66....that
is to say 22 would-be neighbors) regarding this ill-conceived plan.
We Believe that this application should be denied in its entirety.
We unfortunately are out of state until the end of June, but with this letter as a avatar
proxy, please consider us as being present at the Council meeting. We want to have
no misunderstandings, and thereby acknowledge that the applicants certainly have
every right to build on this lot. We ask only that they be held to the SAME standards
and development parameters, existing site integration considerations, exterior
materials & low impact lighting considerations, and existing landscape design
integration that every other owner/builder has had to follow, without special
considerations or exceptions, and that the applicant is held to the existing allowed
maximum building heights, and current zoning of 1 single family or 1 adjoining duplex
unit.
Precedence had been well established, for at least the last 30+ yrs, by every previous
builder on every lot on Fox Lane in specific and within the general neighborhood at
ATT F - Public Comment for Council (PUD24002)
large. Lot 66 is the last undeveloped site on Fox Lane, and this proposal's design,
massing, height, site disturbance, density, lack of natural buffering from adjoining
properties, lack of architectural stepping with existing original slopes, and lack
considerations of neighbor's view corridors makes little to no attempt to follow these
already existing well established parameters.
Others have spoken in greater detail of the impacts and code discrepancies in
previous letters and at the PZC meeting, so we will limit our concerns to a greater
historical and precedent setting backdrop.
Denise and I have the unique experience of being the last and only remaining Fox
Lane residence who are original owners/builders, having owned the lot from 1994 &
building in 2000/2001. Ace has been in the V. Valley construction business for over
40 years and we were the general contractors and hammer in hands-on builders of
our home from designing, first dirt, through to last shingle and the final C.O.
From this viewpoint we can attest to the fact that NO OTHER original Fox Lane
owner/builders, which includes Mr. & Mrs. John Hazard, Michael Hazard, Randy
Johnson, Mike & Lisa Guida, Chris and Michelle Evans, Paul and Kim Burns, Tyler &
Tracy Hoff, and ourselves, were ever given any exemptions for building heights,
increased density, or lot splitting. Without exception, we all adhered to the original
zoning, intent, and character of the Wildridge Subdivision, and all of us understood
and agreed with as to why it was zoned the way it is.... that it should be developed
with less density, disturbance, and greater distances and natural buffers between
homes that other subdivisions within the Valley lack.
Wildridge was never intended to emulate a crowded overbuilt Denver neighborhood,
and it shouldn't start now, at the end of buildout.
As to site disturbance and staying as tight to the building envelope as possible, as
evidenced by the existing current homes, built by all of the above "originals", it was
"very firmly and constantly" impressed upon all of us by the Town site inspectors of
that time, that we keep as much natural vegetation, and more importantly, the aspen
trees, intact. This was/is in recognition of Fox Lane's unique nature of being situated
within one of only 2 native north facing aspen groves found within Wildridge, most all
of which is covered in south facing open sage land. The fragility of these groves was
well understood back then (80s on..) and is much more in evidence today, as they are
under great stress from recent drought. A simple visual estimate by walking through
these trees shows there is a 75% or greater die-off of trees over the last few yrs. It
was explained to us by professional arborists that aspens are colonies of clones.
Within each aspen grove there are what are considered "mother-seed trees", which
all of the related clone trees are connected to and sprouted from. If enough of these
seed trees are killed, then it endangers the entire colony. An arborist did identify
some of these trees on our lot, and we took great care to avoid as many as possible
when building.
We believe, based on our experience, that many of these older larger seed trees
currently exist on the western 1/4 of lot 66.
ATT F - Public Comment for Council (PUD24002)
The lot 66 development plan as put forth does not even attempt to address this site
disturbance, as most of both proposed lots, as shown on the conceptual plans, will be
stripped of natural vegetation, border to border, essentially wiping out the existing
grove as it exists on the property, greatly increasing the likelihood of stressing/killing
the connected neighbor's trees, if not the entire grove below Fox Lane.
When we were done building it was commented by the site inspector that our care in
keeping the site disturbance to an absolute minimum and keeping as many original
trees was THE example of how it should be accomplished. This is not idle bragging,
and was neither easy nor cheap to achieve, but we kept constantly vigilant with our
excavator. Yes, we did remove trees to build. But did so with the utmost care to
ensure survivability of the remaining ones.
So, yes, precedence has indeed already been set by those of us who were in fact
here at the beginning and the first to build on Fox Lane. We followed the codes and
the zoning. We kept respectable distances from neighbors to avoid unnecessary and
damaging permanent impacts.
And at no small cost, in effort, forethought, mindfulness, planning, and
implementation.
We ask nothing less than the same from the last builders on Fox Lane.
Based on our experience with this over the course of 24 yrs. living within this grove,
we can fully attest to the fragile nature of these groups of aspen, which are existing at
the extreme range of their abilities to survive. A walk around the Easy Loop at the top
end of the grove will give an obvious overview as to their current stressed state and
dilemma. If Council members are not familiar with this street, these groves, and the
surrounding lots and homes of lot 66, it would be very beneficial to see for yourselves
the proposed building sites and the ensuing direct negative impacts it will inflict on all
22 of us (and perhaps more), your fellow Avon constituents, who live in the Fox Lane
"Bowl".
With these concerns, in addition to all of the other impacts voiced by ALL of the
adjoining property owners (one of the largest turnouts for a PZC meeting) it is our
hope that the importance of the Council's decision be measured carefully, and this
project is found not in compliance with the original zoning, is not given special
considerations, and does not represent the overall intent/vision of the Fox
Lane/Wildridge standards.
Respectfully,
Mike "Ace" and Denise Durkee
2341 Fox Lane
ATT F - Public Comment for Council (PUD24002)
From:Alison Wadey
To:Brenda Torres
Cc:Max Morgan; matt wadey
Subject:Re: Letter for Town Council May 28th re. 2332 Fox Lane
Date:Thursday, May 23, 2024 1:24:57 PM
Thank you, you too!
On Thu, May 23, 2024 at 1:18 PM Brenda Torres <btorres@avon.org> wrote:
Hi Ali,
Thank you for your input. I will pass your comment to our Chief Administrative Officer Ineke De
Jong.
Have a great day!
Brenda Torres, CMC
Court Clerk | Deputy Town Clerk
970.748.4022
btorres@avon.org
From: Alison Wadey @gmail.com>
Sent: Thursday, May 23, 2024 1:14 PM
To: Brenda Torres <btorres@avon.org>; Max Morgan <mmorgan@avon.org>
Cc: matt wadey <@alpinecivil.com>
Subject: Letter for Town Council May 28th re. 2332 Fox Lane
Hello Avon Town Council Members,
I am respectfully submitting this letter for your review regarding the Planning and Zoning
approval of the lot split for 2332 Fox Lane. My husband and I have lived in Wildridge for
over 22 years. We bought our first home on Saddle Ridge Loop, a townhome, and loved it
so much that when it was time to upgrade to accommodate our growing family (Connor and
ATT F - Public Comment for Council (PUD24002)
Lindsey, now 17 and 13 respectively) we moved just up the street to Fox Lane and into a
duplex.
When we first moved to Wildridge back in 2001, there were very few full time year round
residents. We loved the views, the quiet, the wildlife and the idea that we had a little piece
of rural Colorado at our fingertips, all the while being minutes away from Avon, our
workplaces and all the modern conveniences. As the years passed, the secret was out, and
Wildridge became a much sought after local resident neighborhood while still maintaining
its charm of feeling "wild" and in nature, that so many of us long term locals covet.
Today I am asking that you help us maintain that charm of feeling "wild" and in nature by
not allowing the developer of 2332 Fox Lane to split the lot into two single family lots. The
original intent of this lot is for a duplex build. This is in line with the look and feel of
Wildridge as it stands today and has been since we moved up there 22 years ago. Splitting
the lot into two smaller lots and stuffing two much larger footprint single family homes is
against the look and feel of the neighborhood and gives future development and developers
the perception that our planning and zoning rules and regulations can be manipulated and
changed in the spirit of more density and profit.
Wildridge is special, and yes that secret is out. I do not blame anyone for wanting to be able
to come and live in our wonderful neighborhood but I would hope that our Town Council
members and Planning & Zoning Board will uphold the original design, intent and feel of
Wildridge and hold new development accountable to those guidelines now and into the
future. It is much wiser to limit overbuilding now as once it is built, you can't take it away.
Look at this as preserving our Avon neighborhoods for many generations to come.
Thank you for your consideration and taking the time to read this email.
Respectfullly,
Alison (Ali) Wadey
2394A Fox Lane
Avon, CO 81620
--
Alison Wadey
ATT F - Public Comment for Council (PUD24002)
(970)
--
Alison Wadey
(970)
ATT F - Public Comment for Council (PUD24002)
24 May, 2024
To the Members of the Avon Town Council:
We respectfully request that you deny the Planning and Zoning Commission’s approval of the Lot Split
Amendment for Lot 66, Block 1, Wildridge Subdivision (2332 Fox Lane). The requirements regarding Lot
Splits in Wildridge set forth within the Town Charter have not been completely honored, nor executed.
Until and unless those requirements are followed, I implore you to uphold the regulations of the Charter
and the guiding principles laid out in the Town’s Comprehensive Plan.
Before getting into those details, we would also like to impress upon you that after reviewing all prior
approved Wildridge Lot splits, none have had the same impact upon the surrounding neighbors as the
one proposed for Fox Lane. As evidenced by the letter previously provided to the PZC and signed by 24
impacted neighbors, and as called out by PZC members regarding attendance at the hearing, the amount
of opposition and community concern regarding this particular lot split is without precedent.
It is exactly these types of confrontations that rely upon the Town Council to uphold the principles and
standards that make Avon a Town that its residents are proud to call home.
When considering the Lot Split, we ask that you keep in mind policies set forth in the Town of Avon
Comprehensive Plan, including:
● Promoting development that protects views (Policy A.1.5)
● Ensuring strategies are in place to address the concerns of adjacent residents (Policy B.1.3)
● Requiring 4 sided architecture that maximizes solar exposure, protects views and breaks up
building bulk (Policy C.1.3)
● Encouraging landscaping and building locations that enhance neighboring views and view
corridors. (Policy C.2.4).
More specifically regarding the Lot Split Amendment, and despite the requirements laid out in the Town
Plan section 7.16.060(h)(4),
1.The lot split does not result in less total site coverage.As Mr. Reynolds admitted during the
PZC hearing, if he were to put a duplex on the lot he would just squish the 2 structures together
but square footage would remain the same.
2.The building envelope does not minimize site coverage.Specifically regarding lot 66B, the
proposed disturbed area encroaches upon all minimum setbacks with the exception of 2
essentially unusable triangular areas.
3. Instead of mitigating negative impacts to surrounding properties,the lot split worsens them.
1.Minimum setbacks along utility easements make it impossible to reliably enhance
landscaping in the most impacted area (the long access of building 66B in the primary view
corridor of lots 67 and 68).
2. By splitting the lots,minimum setbacks between the new residences forces
encroachment on neighboring homes and view corridors.
a.Designing to the minimum setbacks from neighboring lots, rather than increasing the
setbacks, shows complete disregard for impacts on neighbors,and does not align
with precedents set by all previous lot splits.
3. Rather than restrict the building footprint, particularly in the case of Lot 66B,the
development maxes out the building envelope.
4.Building heights are maxed out.
5.Architectural massing and square footage are effectively maxed out.
ATT F - Public Comment for Council (PUD24002)
Section 7.16.060(4)(v) specifies the Additional Review Criteria for a PUD plan involving a Lot Split. These
regulations state that a PUD plan incorporate requirements and/or restrictions to minimize or
mitigate impacts to properties in the vicinity. The plan further calls out 5 specific areas of attention
including: 1) Enhanced Landscaping, 2) Increased Building Setbacks, 3) Designated Building Footprints,
4) Building Height Restrictions, and 5) Designated Architectural Massing including Building Square
Footage Designations. Despite these regulations in the Town Plan,NONE of these requirements has
been included on the PUD application.
Instead, regarding lot 66B, we have an example of a development that seeks to max out every aspect of
the building envelope by designing to maximum heights, minimum setbacks and maximum square
footage. These factors in turn result in excessive architectural massing. The negative impact upon the
neighbors are compounded, severely detracting from primary view corridors, and undermining the quiet
enjoyment of the current neighbors and homeowners. This impact is multiplied by the fact that enhanced
landscaping along the areas of greatest impact is precluded by encroachment upon utility easements.
The residences that would be supported by a lot split, not only contradict the Additional Review Criteria,
but directly conspire to undermine the intent and purpose of those
Criteria - to minimize or mitigate impacts to properties in the vicinity. Rather than enhance the
neighborhood, the experience and enjoyment of the surrounding properties is degraded.
Furthermore, these factors undermine Avon’s Comprehensive Plan. Conversely,by enforcing the
requirements of the Town Charter, the Town Council will also be upholding Policies set forth in its
Comprehensive Plan
To address these concerns, and protect the experience and enjoyment of the neighborhood,our request
and recommendations are as follows:
Decline the proposed Lot Split Amendment. If the lot split application is allowed to persist, we request this
only be reconsidered if and when the standards described in the Town Plan are followed. That is, the
Town not approve any future attempts for a split unless and until appropriate restrictions are put in place
to satisfy the requirements laid out in PUD section 7.16.060(4)(v).
Specifically, if continuing to review this application, we urge the council to ensure that the lot split only be
approved IF the following are included:
●Requirements for enhanced landscaping including but not limited to the entire length of the
Eastern elevation of any structures on Lot 66B:
○ To reduce the impact upon the primary view corridors of the adjacent lots to the full
height of the structure.
○Acknowledging and accounting for the fact that there is a utility easement along the
full length of the easternmost lot line, AND
■ Ensure that there is adequate room to support ample landscaping between the
utility easements and the structure,
■ Ensure that any landscaping occurring within the easement that is disrupted due
to any future access or work along the easement be required to be replaced
completely and in kind following any work completed.
■ Requiring approval of any Major Development Plans for the lot contingent upon a
Landscaping Plan which adequately screens the proposed structures and can be
exercised in full regardless of current setbacks and utility easements.
○Notably, Mr. Reynolds stated at the PZC hearing that he plans to include
appropriate landscaping, and that this has been his standard practice on previous
ATT F - Public Comment for Council (PUD24002)
developments. As such, this should not be a major issue for the developers. I simply ask
that this is formally acknowledged and that due diligence is done up front to ensure
adequate space is allotted to ensure his intentions can be exercised.
●Requirements for decreased architectural massing, especially in regards to lot 66B and in
particular concerning the Eastern Elevation of Lot 66B through:
○ Designating a building footprint that ensures the developed structures do not encroach
upon the full length of the neighboring lot in a parallel and unbroken fashion, AND
○ Some combination of:
■ Decreased building square footage.
■ Reducing maximum building height designations
○Mr. Reynolds did state during a PZC presentation of a different lot split at another
development, that his design intended to preserve neighbor’s views AND avoid
creating a structure with an unbroken wall along the entire length of a lot.
■ These commendable goals seem to have been thrown out the window in regards
to the development proposed for Lot 66A.
■ I believe that by enforcing requirements for decreased architectural massing, the
developer will be held to standards which he has publicly committed to for his
other Wildridge development.
●Approval of a DECREASED building setback between the 2 proposed units to reduce the
encroachment upon the neighboring lot lines while increasing some flexibility for the developer to
accommodate the above conditions.
○There is precedent for this in the previously approved lot split in Wildridge
regarding Lot 48, Block 4 in which the setback between units is 12’ total and oriented
almost identically to the Fox Lane drawings in which one unit is at a angle to the other at
the point in which the minimum setback occurs.
In summary, we ask that the Council deny the current application for the Lot Split on the grounds that it
does not meet the established parameters of the Town Charter and contradicts the policies outlined in the
Comprehensive plan. If the application is allowed to move forward, this should only be permitted in
concordance with the regulations of the Town Charter and in alignment with the principles of the
Comprehensive Plan by implementing appropriate restrictions to meet the goals of the Lot Split Criteria
and minimize the impact to the neighborhood.
Thank you for your consideration.
Sincerely,
Pepper and Jody Etters
2413 Saddle Ridge Loop, A
Avon, CO 81620
For additional reference, please also refer to:
● The previously submitted letter to the PZC with 24 neighbor signatures
● Documentation also submitted to the PZC illustrating impacts to view corridors and precedents set by
previous lot split approvals
ATT F - Public Comment for Council (PUD24002)
From:Jody Swoboda
To:Max Morgan; Brenda Torres
Subject:2332 Fox Lane
Date:Friday, May 24, 2024 11:41:57 AM
Attachments:Signed Lot Split Letter 2024-05-13 161928.pdf
Good Morning,
Please see the attached letter regarding our neighborhood concerns with the lot split of 2332
Fox Lane Avon, CO 81620.
Due to the outpouring of concerns represented by the signatures of 24 neighbors that will be
directly impacted by the proposed lot split, I'm hoping it will encourage the members of the
Avon Town Council to do their due diligence prior to the meeting and take a drive up to the lot
to see first-hand that:
Instead of mitigating negative impacts to surrounding properties, the lot split
makes them worse.
Landscaping setbacks make it impossible to enhance landscaping in the most
impacted area.
Even the minimum setbacks between the new residences encroach on neighboring
homes and view corridors.
Building heights are maxed out.
The building envelope does not minimize site coverage.
Designing to the minimum setbacks, rather than increasing the setbacks, shows
complete disregard for impacts on neighbors.
Thank you,
Jody Swoboda Etters
2413 Saddle Ridge Loop
Avon, CO
#970.
ATT F - Public Comment for Council (PUD24002)
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From: @gmail.com <@gmail.com>
Sent: Friday, May 24, 2024 4:37 PM
To: Council Everyone Group <council@avon.org>
Subject: Fox Lane lot 60 lot split
Please find attached a letter pertaining to the upcoming Tuesday agenda
item. We hope you will consider this letter. We thought this matter was still
with Planning & Zoning but apparently only one of the two Fox Lane
applications is still there. We are all out of town for this meeting and
perhaps we needed to have this letter submitted by noon today. Not
certain about that, but this is happening much quicker than any of us
anticipated.
Thank you.
Mary Isom
Via email: council@avon.org
Avon Town Council Members:
We are owners of both sides of the duplex located at 2421 Saddleridge Loop, Avon (Lot
69 Wildridge) and we overlook directly Lot 60 (2332 Fox Lane). We attended the Planning and
Zoning Commission meeting on May 13, along with many neighbors who all oppose the lot
split and the proposed development of two single family homes instead of one duplex. Our
opposition did nothing to sway the P & Z commission which quickly approved the lot split.
This was quite astonishing because it appeared at the meeting that only ONE member of the P
& Z commission (Brian Sipes) had even been to this lot site! (we may be wrong on this point
but Brian is the only one who said he’d been to the lot) We view this as a very important
decision that is changing and affecting the views, density, and neighborhood setting of many
existing Wildridge homeowners. We do not know how a commission can make a decision like
this without even seeing the lot, and we think it is a required element for planning commission
members or town council members to view the lot before voting. We would urge you to please
visit this lot before making a decision that is drastically changing the scope and feel of Fox
Lane and neighboring lots.
We supported the letter that was given to the P & Z commission at its meeting and do
not want to reiterate all the strong points made in that letter. But please review this as it points
out all the reasons why a lot split does not conform to the Town’s many guidelines.
A major concern for us is that the lot split will absolutely increase the site coverage and
density on this one lot. At the P & Z meeting neither the town planners nor the P & Z
commission seemed to have any problem with changing the original intent of the zoning of this
May 28, 2024
– 2 – May 28, 2024
lot, which was for a duplex or one single family home to be built on this lot. We are against
this and against putting up homes that take up the entire lot just so that one party, the developer,
benefits. The developer purchased a duplex lot, he can still build a generously sized duplex on
this lot and we assume that he can make a very good profit since he purchased it knowing a
duplex could be built on it and certainly would have priced it out that way.
Others have mentioned the old standing aspen grove that will be cut down in its entirety
if the development is built as is proposed. We would like to see at least some of these trees
preserved to keep our same neighborhood feel intact, and it appears the only way that would
happen is if there is less site coverage with a duplex and not two separate structures.
We are upset that we cannot be at the Town Council meeting as we are all out of town,
and we did not understand that this would go before the council this quickly since the other
portion of the application (the approval for the structures) is still with Planning and Zoning.
We urge you to not approve this lot split, or at least delay any decision so that you can all visit
the site and more of us have the opportunity to come to a council meeting. Thank you.
Sincerely,
Annie Dewaters, 24241A Saddleridge Loop
Robert & Mary Isom, 2421B Saddleridge Loop
970.748.4001 mjauregui@avon.org
970.748.4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Miguel Jauregui Casanueva, Town Clerk and Patty McKenny, Deputy Town Manager
RE: Ordinance 24-10 Amending Write-In Candidate Regulations
DATE: May 21, 2024
SUMMARY: This report provides information about an Avon Code Amendment addressing municipal elections
administered as a coordinated election with the Eagle County Clerk’s Office. The Town Council is asked to consider
changing the timeframe for filing an “affidavit of intent as a write-in candidate”. Formal Council action would be
required with two readings of an ordinance to make this change.
BACKGROUND: The Elections Division of the Eagle County Clerk and Recorder’s Office has requested the Town of
Avon adopt the same write-in candidate timeline of filing affidavits that the County observes to facilitate an orderly
coordinated election. This legislative action addresses the timeframe by adjusting the deadline date of the required
affidavit filing. There have been many municipal election code changes made over the years to accommodate the
transition for Municipal Clerks administering elections in a coordinated effort with County Clerks.
ANALYSIS: The current Code states that no write-in vote for the office of Council Member shall be counted unless
an affidavit of intent has been filed with the Town Clerk by the person whose name is written in prior to five (5) days
before the day of the election indicating that such person desires the office and is qualified to assume the duties of
that office if elected. This timeline creates challenges with the “counting” of the Avon ballots by the Elections Division
as they are required to wait for this deadline before they can sort and begin counting Avon ballots. After discussion
between the Eagle County Clerk and the Town Clerk’s Office, it is suggested to amend the Avon Town Code
§2.28.010, by repealing and re-enacting language in its entirety. The Town Attorney provides the following
amendment to the Code to read:
A person who wishes to be a write-in candidate for an office in an election shall file an affidavit of intent stating
that he or she desires the office and is qualified to assume its duties if elected. The affidavit of intent shall be
filed by the close of business on the sixty-fourth day before the election. If the election is to be coordinated by
the county clerk and recorder, the designated election official shall forward a copy of the affidavit of intent to the
coordinated election official.
It is noted that nominating deadlines were backed up a few years ago to accommodate the 55 days out coordinated
election deadline to certify local ballot content over to the county clerk, as well as the need to get ballots out early to
UOCAVA voters and finalize ballot counting. This ordinance also conforms the Avon Code to C.R.S. 31-10-306, in
the Municipal Election Code, which includes the “prior to” the 64th day affidavit deadline for write-in candidates.
FINANCIAL CONSIDERATIONS: There is no financial impact to making this adjustment to the election process as it
is really an effort to support the Eagle County Clerk’s Office in finalizing the ballot count efficiently.
RECOMMENDATION: The Town Clerk recommends making this change to the Avon Municipal Code.
TOWN MANAGER RECOMMENDATION OR COMMENTS:
PROPOSED MOTION: “I move to approve Ordinance 24-10 Amending the Electoral Code of the Town of Avon’s
Write-In Candidate Regulations”.
Thank you, Miguel & Patty
ATTACHMENT A: Ordinance 24-10 Amending the Electoral Code of the Town of Avon’s
Write-In Candidate Regulations
Ord 24-10 Amending Write-In Candidate Regulations
Page 1 of 4
ORDINANCE NO. 24-10
AMENDING THE ELECTORAL CODE OF THE TOWN OF AVON’S
WRITE-IN CANDIDATE REGULATIONS
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, Avon Town Code §2.28.010 sets forth that “no write-in vote for the office of
Council Member shall be counted unless an affidavit of intent has been filed with the Town
Clerk by the person whose name is written in prior to five (5) days before the day of the election
indicating that such person desires the office and is qualified to assume the duties of that office if
elected”; and
WHEREAS, the Avon Town Clerk has had a standing practice of collaborating with the
Elections Division of the Eagle County Clerk and Recorder’s office on providing voter services
and accurately administering coordinated elections; and
WHEREAS, Colorado Revised Statute §1-4-1101 establishes that “A person who wishes to be a
write-in candidate for an office in an election shall file an affidavit of intent stating that he or she
desires the office and is qualified to assume its duties if elected.” and Colorado Revised Statute
§1-4-1102(1) establishes that “Time of filing affidavit: (1) Except as provided in subsection (2)
of this section, the affidavit of intent shall be filed by the close of business on the sixty-seventh
day before a primary election and by the close of business on the one hundred tenth day before
any other election. (2) In a nonpartisan election, the affidavit of intent shall be filed by the close
of business on the sixty-fourth day before the election. If the election is to be coordinated by the
county clerk and recorder, the designated election official shall forward a copy of the affidavit of
intent to the coordinated election official.”; and
WHEREAS, the Elections Division of the Eagle County Clerk and Recorder’s has requested that
the Town of Avon adopt the same write-in candidate timeline of filing affidavits that the County
observes to facilitate an orderly coordinated election; and
WHEREAS, the Town Council finds that an orderly coordinated election will promote the
health, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
Ord 24-10 Amending Write-In Candidate Regulations
Page 2 of 4
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. Repeal and Reenact. Avon Town Code §2.28.010 is repealed and re-enacted in
its entirety to read: A person who wishes to be a write-in candidate for an office in an election
shall file an affidavit of intent stating that he or she desires the office and is qualified to assume
its duties if elected. The affidavit of intent shall be filed by the close of business on the sixty-
fourth day before the election. If the election is to be coordinated by the county clerk and
recorder, the designated election official shall forward a copy of the affidavit of intent to the
coordinated election official.
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. 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
Ord 24-10 Amending Write-In Candidate Regulations
Page 3 of 4
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 7. 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on May 28, 2024 and setting such public hearing for
June 11, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on June 11,
2024.
BY: ATTEST:
____________________________ ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Interim Town Attorney
970-390-2014 ewilson@avon.org
TO: Honorable Mayor Phillips and Council Members
FROM: Eva Wilson, Public Works Director
RE: Notice of Award – Public Works Garage
DATE: May 18, 2024
SUMMARY: Staff requests Council authorization to issue a Notice of Award for the construction of the
Public Works Garage project. The project will provide storage for snow plows, and other equipment. In
addition, a workshop area will be available to the Facilities Division.
Staff requested design of a garage that was heated with natural gas and an all-electric option to support
Avon’s climate action goals. The Bid posting requested alternate bid prices for natural gas and all-electric
construction.
Council has two options
Option 1: Infloor Heating System with a high-efficiency natural gas boiler. The facility will be electric-
ready for future conversion to all-electric if desired in the future.
Option 2: Infloor Heating System with an electric boiler.
DISCUSSION: The Public Works Department consists of five divisions: Engineering, Facilities, Fleet,
Operations, and Mobility. Currently, the Public Works Department staff are consolidated at one site at Swift
Gulch (Avon Regional Transportation Facility (ARTF), Fleet, Modular Bldg.) except for the Parks Staff in the
summer season where they are based out of the parks garage at the Harry A. Nottingham Park. The
expansion of buses using the ARTF resulted in the need for more snowplows and other public works
equipment out of the ARTF building. Snowplows, Vactor Truck, and street sweepers are currently parked at
the old Fire Station, ARTF, and at the Annex Bldg. in Wildridge. Storage of snow plows within a garage is
beneficial for early a.m. operational starts for both workers' safety and efficiency.
Page 2 of 4
PROJECT: The project will construct a five-bay garage that will house many of Operations’ heavy
equipment and vehicles. In addition, one bay will temporarily provide a workshop for the Facilities Division
until permanent workshops are constructed in the next phase of the Swift Gulch Public Works Complex.
Public Works Conceptual Layout (Final Dimensions 103’x86.5’ - $8,080 SF)
Key Design Features:
• Reinforcing bathroom and storage room ceilings to create a storage mezzanine
• Widening three garage bay doors from 14’ to 16’ will allow plow trucks to enter/exit with a lower risk
of collision
• Adding Interior columns to support utility conduits/runs and lower construction costs
• Upgrading ceiling fans to improve circulation and efficiency
• Enabling “Electric Ready” - prewiring and extra conduits
• Installing a high-efficiency, cost-effective, natural gas in-floor radiant heating system (which can be
converted to an electric boiler system in the future)
Bid Process: The project was advertised for five weeks on Bidnetdirect.com. The Solicitation was closed
on April 26, 2024. Five bids were received; the Baker Constructors bid was $3,964,038 (all-electric -
$4,045,399), AD Miller bid was $4,598,816.97(all-electric - $4,621,762), Mountain Town Constructors bid
Page 3 of 4
$4,804,442 (all-electric - $4,819,442), MW Golden Constructors bid $4,410,752 (all-electric - $4,427,384),
and PRT bid $5,547,940 (all-electric - $5,568,740).
Baker Constructors is the low bid with $3,964,038 (all-electric - $4,045,399). Baker Constructors is based
out of Federick Colorado. They are the parent company of Baker Steel Erectors company which is
recognized nationally as a top 10 PEMB erector (Pre-engineered Metal Bulg). They have successfully
constructed PEMBs in Weld County; Fire Stone, CO; Federick, CO; and Fort Lupton, CO.
Construction Schedule: Construction is scheduled to begin in mid-June 2024 and be completed by May
2025.
FINANCIAL CONSIDERATIONS: This project is budgeted to be funded with the $1.6M American Rescue
Plan Act (ARPA) funds the Town of Avon received several years ago and an appropriation from Avon
General Fund Reserves.
Considerations:
OPTION 1: High-Efficiency Gas Boiler System in-floor radiant heat.
OPTION 2: All electric Heating System in-floor radiant heat
1. Increase Utility Bills – 5X Gas Cost
2. Transformer Cost - $35,000
3. Increase Construction Costs - $89,000
Project Costs: Option 2 with all-electric will cost $124,000 more to construct. The annual utility bill cost is
expected to be
Option 1: Gas Boiler Option 2: All-Electric
Base Construction Cost $3,964,038 $3,964,038
Contingency (5 %) $ 200,000 $ 200,000
All-Electric Cost $ 89,000
New Electric Transformer $ 35,000
Total Project Cost: $4,164,038 $4,288,038
Gas/Electric Costs (1/4 ARTF) $ 15,000/yr $ 75,000/yr
*ARTF - 33,000 SF
Annual Operating and Maintenance Cost Estimate:
- Utilities (1/4 ARTF)
o Gas $15,000 (1,250 av/month)
o Water/Wastewater $3,000 ($250 avg/month)
o Electricity $18,000 ($1,500 avg/month)
- Custodial Service
o Contract Cleaning $4,800
o Supplies $500
- Maintenance
o Boiler Maintenance $1,250
o Inhouse maintenance $500
Page 4 of 4
o Sand/Oil Separator cleanout $1,700
Total Annual Est. $44,750
The annual operating expense is estimated to be $44,750.
Budget:
ARPA Funds $1,600,000
General Fund Reserves $2,564,038 (Gas) or $2,688,038 (All Electric)
RECOMMENDATION: Staff requests approving the Notice of Award for either Option 1 or Option 2.
PROPOSED MOTION:
Option 1 (Gas): “I move to authorize the issuance of a Notice of Award for the construction of the Public
Works Garage in the amount of $3,964.038 and fund the project budget of $4,164,038 with $1,600,000
ARPA funds and $2,564,038 Reserve funds.
Option 2 (All-electric): “I move to authorize the issuance of a Notice of Award for the construction of the
Public Works Garage in the amount of $4,053,038 and fund the project budget of $4,288,038 with
$1,600,000 ARPA funds and $2,688,038 Reserve funds.
Thank you, Eva
Page 1 of 4
TO: Mayor Phillips, Town Council, and Town Manager Eric Heil FROM: Town Attorney’s Office – Nina Williams and Betsy Stewart
RE: Work Session - Rules of Procedure and Group Expectations
DATE: May 14, 2024
SUMMARY: This Staff Report relates to the May 28, 2024 Work Session conducted by the Town Attorney
regarding Council Rules of Procedures and Group Expectations.
The topics to be addressed are listed below. We recommend reviewing this Staff Report and all attachments
beforehand as doing so will increase productivity in the Work Session and aide in providing direction to our
office to draft and/or revise certain Policies, Procedures, and/or Ordinances.
DISCUSSION: Our office regularly assists Councils with their Rules of Procedure. Our role is always to listen,
advise where necessary or where requested, and then draft or amend a document that represents a Council’s
preferences and direction. We facilitate the discussion, review and drafting of this document. The guidance
and substantive decision points, however, always come from the Council itself.
We were asked to present the following report within our first few months of working with the Town. Much of
our presentation will be a verbal facilitation for this preliminary conversation among members of Council. We
will also be ready to answer questions regarding best practices and helpful examples from other jurisdictions
and through our experience as city and town attorneys. Finally, we will take input as to what amendments
and additions to the Simplified Rules of Order and Municipal Code are desired. We will then draft final
versions for consideration at a future Council meeting.
The topics to be discussed are outlined below.
TOPIC NUMBER 1
Amending Avon’s Simplified Rules of Order (ASRO) to become more of a Council Handbook and include
topics other than procedures for running Town Council meetings. Please review Exhibit A - Avon Town
Council’s Simplified Rules of Order prior to the examples cited below.
Preliminarily, we would like to discuss the following areas, to obtain Council’s direction:
•Attendance Policy: See Exhibit B - Salida City Council Handbook, pg. 5 to discuss inclusion of
penalty for accrual of more than 4 unexcused absences in a 12 month period.
•Remote Attendance Policy: Compare Exhibit A - ASRO, pp. 2-3 with Exhibit B - Salida City Council
Handbook, pp. 14-16 with emphasis on possibility of including the following language from Salida:
o Pg. 14: Applying Remote Attendance Policy to all quasi-judicial proceedings.
o Pg. 15: Circumstances Permitting Remote Participation – adding expectation that remote
attendance shall occur no more than 4 times in a 12 month period for Regular Council
Meetings and quasi-judicial proceedings, exclusion of this limitation from work sessions, and
penalty for violating this provision.
o Pg. 15: Including Public Participation section in Avon’s procedures.
o Pg. 16: Including Remote Participation in Executive Session in Avon’s procedures.
o Pg. 16: Including Reasonable Accommodation language in Avon’s procedures.
•Public Conduct of Council Members Policy: Compare Exhibit A – ASRO, p. 1 with Exhibit C –
Woodland Park City Council Rules of Procedure, Section 10 – Additional Items regarding General
Page 2 of 4
Decorum, Electronic Devices, Social Media, and Conduct Outside of Meeting and with Staff and
Exhibit D – Fort Morgan Council Rules of Procedures Rule 11, Council’s Use of Technology, pp. 12-
13.
•Role of Council on Boards and Committees: See Exhibit B – Salida City Council Handbook, pp.
1-2 re: behavior of Council Member on Boards and Committees and Exhibit D – Fort Morgan Council
Rules of Procedures, Part III, pp. 16-17.
•Intoxication during Council Meetings: The potential development of a policy regarding discipline
or dismissal of Council Members who attend Council Meetings in an intoxicated state.
•Miscellaneous: We also ask that you identify any topics you would like to include in an amended
Handbook that are not listed above after you read the example Handbooks attached to this Report.
Examples of City Council Handbooks and Rules of Procedure (to facilitate discussion):
•Exhibit B – Salida City Council Handbook: The Chapters in this Handbook discuss the following
areas:
Chapter Description Pages
Chapter 1 – Introduction of
City Government
A summation of the roles and responsibilities of Council throughout
the City.
1-2
Chapter 2: Council and
Staff Interaction
A streamlined overview of how the Council and City Staff interacts
and who requests should be made to depending on the need
2-3
Chapter 3: City Council
Meeting Essentials
An overview of the types of meetings and major responsibilities of
Council.
3-5
Chapters 4, 5, 6, 7 These Chapters address Council Meeting Procedures, Conflicts of
Interest for Councilmembers, Colorado Open Meetings Law, and
Legislative v. Quasi-Judicial Proceedings
5-14
Chapter 8: Remote
Participation Policy
Contains the City’s Remote Participation Policy 14-16
Chapter 9: Travel and Mail Procedures regarding payment and requirements for travel and the
manner in which mail runs
16-17
Chapter 10: Additional
Resources
A list of resources for Council to use as necessary 17
•Exhibit C – Woodland Park City Council Rules of Procedure: The Chapters in the Rules of
Procedure discuss the following areas:
Section Description Pages
Section 1: Purpose and
Effect
Confirmation of status as Official Rules and sets a minimum review
period of at least every five years.
2
Page 3 of 4
Section 2: Parliamentary
Authority
Adoption of Robert’s Rules of Order. 2
Section 3: Duties of
Officers
Describes the duties of the Presiding Officer and Council attendance
policy.
2
Section 4: Meeting
Provisions
Colorado Open Meetings Law, Quorum, Seating Arrangements, etc. 4
Section 5: Council
Meetings, Occurrence,
Notice Provisions, and
Minutes
Descriptions of the types of meetings that can occur and
requirements and minutes for the same.
7
Section 6: Council Meeting
Agenda and Order of
Business
Sets a template outline for Agendas and the order of each Council
meeting.
8
Section 7: Agenda
Preparation
Sets forth the procedure for generating future Agendas for Regular
Council Meetings.
12
Section 8: Conducting
Public Hearings
Rules for Conducting Public Hearings and Quasi-Judicial Hearings. 14
Section 9: City Council
Committees
Parameters around forming Committees 15
Section 10: Additional
Items
Standards re: General Decorum, Electronic Devices, Social Media
Usage, Outside Conduct, and Conduct with City Staff.
15
Section 11: Sanctions Procedure for imposing sanctions on another Councilmember. 18
•Exhibit D – Fort Morgan City Council Procedures: The Rules of Procedure discuss the following
areas
Section Description Pages
Section 1:
Rules of Procedure
Rules 1-11: Meetings, Consent Agenda, Conduct of Meetings,
Conflicts of Interest, Role and Responsibilities, Attendance,
Compliance and Enforcement, Amendments, Effective Date and
Term, Budget Process, and Council’s Use of Technology
2
Section 2: Rules
Concerning Staff and
Council Interaction
2
Section 3: Rules
Concerning Council
Conduct with Boards and
Commissions
Describes the duties of the Presiding Officer and Council attendance
policy.
2
Page 4 of 4
TOPIC NUMBER 2
The second topic to be addressed relates to the possibility of adopting an Ordinance regarding removal of
Council Members. This type of Ordinance allows the Town to be prepared with a codified procedure in the
unlikely event the need for such action arises.
Examples: Exhibit E – Draft Ordinance re: Removal of Council Members.
Thank you for your time and attention prior to attending the Work Session.
Sincerely,
_______________________
Nina P. Williams
Town Attorney
_______________________
Betsy L. Stewart
Assistant Town Attorney
EXHIBIT A: Avon - Town Council Simplified Rules of Order
EXHIBIT B: Salida – City Council Handbook
EXHIBIT C: Woodland Park – Council Rules of Procedure
EXHIBIT D: Fort Morgan – Council Rules of Procedure
EXHIBIT E1: Staff Report – Potential Ordinance re: Removal of Council Members
EXHIBIT E2: Draft Potential Ordinance re: Removal of Council Members
n
Avon
C O L O H A D0
RESOLUTION 21- 15
AMENDING AND RE -ADOPTING THE SIMPLIFIED RULES OF
ORDER FOR AVON TOWN COUNCIL MEETINGS TO REFLECT
REMOTE ATTENDANCE POLICY
WHEREAS, Section 5.1 of the Avon Charter states, "The Council shall determine the rules
of procedure governing meetings." and
WHEREAS, the Avon Town Council adopted Simplified Rules of Order for Avon Town
Council Meetings on January 28, 2014; and
WHEREAS, the Avon Town Council adopted a Remote Attendance Policy on February 24,
2015; and
WHEREAS, the Avon Town Council desires to amend the Simplified Rules of Order for
Avon Town Council Meetings to formally adopt the Avon Town Council's policy permit remote
attendance of members of Town Council under limited circumstances; and
WHEREAS, it is the intent of Avon Town Council that this Resolution 21-15 shall replace
the provisions of the 2015 Remote Attendance Policy; and
WHEREAS, the Avon Town Council finds that amendment and re -adoption of Simplified
Rules of Order will promote meeting efficiency as well as promote the understanding and
transparency of Council meeting procedures for the general public; and
WHEREAS, the Avon Town Council hereby finds, determines and declares that this
Resolution will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that that the Simplified Rules of Order for Avon Town
Council Meetings attached hereto as Exhibit A are hereby amended and re -adopted.
ADOPTED this 22nd day of June 2021.
AVON TOWN COUNCIL
By:/l, Attest:
Sarah Smith-Hymes, May r
Res 21- 15 Amending and Readopting Simplified Rules of Order
Page 1 of 1
Torres, Town
wN OF q
I.
EXHIBIT A
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, a -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
Adopted January 28, 2014 by Resolution No. 14.03
Amended and Readopted on July 26, 2016 by Resolution No.16.20
Amended and Readopted on April 11, 2017 by Resolution No. 17.05
Amended and Readopted on June 22, 2021 by Resolution No. 21.15
Page 1 of 6
expressing his or her opinion, and shall refrain from making a motion or seconding a motion until
it is apparent that no other member of the Council will do so.
III. Agendas: The following rules and procedures shall apply to agendas:
A. The Mayor shall determine the agenda in consultation with the Town Manager. The Town
Council may direct items to be included on an agenda. Individual Council members may
contact the Mayor to request inclusion of a matter on an agenda. The Mayor shall consult
with the Town Manager and exercise discretion to determine if the matter should be included
on the agenda as a discussion item or an action item.
B. After roll call, the Council shall approve the agenda by motion by a majority of the quorum
present with any additions or deletions Council 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. Remote Attendance Policy: The preference and expectation of all Council members is to
attend Council meetings in -person whenever possible in recognition of the efficiency and
effectiveness of in -person participation when conducting the public business of the Town of Avon.
However, there may be occasional times when in -person attendance is not possible by Council
members. Council finds that remote attendance by Council members is preferable to not permitting
participation or delaying the conduct of public business. Participation by remote attendance shall
comply with this Section IV and any applicable laws. Notwithstanding any provision contained
herein, no member of Council is guaranteed the ability to participate in any meeting by remote
attendance.
A. Remote attendance means participation by video or audio means, such as Zoom, Webex,
Microsoft Teams or similar platform, which is clear, uninterrupted and allows two-way
communication for the participating Council member.
B. Council members may participate in a Council meeting by remote attendance when
travelling out-of-town, when ill, or when unusual or unforeseen circumstances do not allow
in -person attendance. Council members who are ill are encouraged and expected to
participate by remote attendance.
C. A Council member who desires to participate by remote attendance shall notify the Mayor
and Town Clerk as early as possible in writing. Upon receipt of such written request, the
Town shall use its best efforts to provide the technical means necessary to fulfill such
request from Town Hall; provided, however, it shall be incumbent upon the Council
member who desires to participate by remote attendance to provide the technical means
necessary to facilitate remote attendance from their remote location.
Adopted January 28, 2014 by Resolution No.14.03
Amended and Readopted on July 26, 2016 by Resolution No. 16.20
Amended and Readopted on April 11, 2017 by Resolution No. 17.05
Amended and Readopted on June 22, 2021 by Resolution No. 21.15
Page 2 of 6
D. A Council member who is participating through remote attendance (1) shall be entitled to
participate in all Council matters in the same capacity as a Council member in physical
attendance, including participation quasi-judicial matters and executive sessions; (2) shall
be counted for purposes of establishing a quorum; (3) shall have the opportunity to express
comments during the meeting and participate in the same capacity as those members
physically present, subject to all general meeting guidelines and adopted procedures; (4)
shall be heard, considered, and counted as to any vote taken; (5) shall be called during any
vote taken and shall have such Council member's vote counted and recorded by the Town
Clerk and placed in the minutes for the corresponding meeting; and, (6) may leave a
meeting and return as in the case of any member upon announcement of such leaving and
returning. When any member of Council is participating by remote attendance, all votes
taken shall be conducted by roll call vote.
E. The Mayor, Mayor -Pro Tem or other designated person who is presiding over the meeting
shall have the discretion to mute any Council member who is participating through remote
attendance when distracting and extraneous noise is occurring through the remote
attendance. The officer who is presiding over the meeting may delegate to the ability to
mute Council members to the meeting host with controls for the meeting platform. The
officer who is presiding over the meeting shall use best efforts to recognize and provide
opportunity for Council members who are participating via remote attendance contribute
to the discussion and express comments. The officer presiding during the meeting shall
designate the individual who Council members should contact during the meeting in the
event of technical difficulties or in connection with other matters related to items not
appearing on the agenda for the meeting in which the Council member is participating by
remote attendance.
F. In the event that there is significant disruption in the connection or communication with a
Council member, or members, who are participating via remote attendance which frustrates
and disrupts the efficiency and effectiveness of the Council meeting, the officer presiding
over the meeting or a majority of Council members who are attending a meeting in -person
may choose to terminate the remote attendance of such Council member or may choose to
continue or table the Council meeting or agenda matter to a later time.
G. Council members who are participating via remote attendance are expected to be situated
in a stationary location with adequate internet service with video camera on and presenting
in a professional manner similar to in -person Council meeting attendance.
V. Motions: All official Town Council actions are initiated by motion. These following rules
and procedures apply to motions. There are two basic motions: action motions and procedural
motions. Only one action motion may be on the floor at a time. A procedural motion may be
proposed, discussed and acted upon when an action motion is on the floor or at any other time.
A. Basic Motion: The basic motion to take action is stated as, "I move to ...." Every motion
requires a second. Once a motion is made no further discussion can continue until a second
is made to support the motion.
Adopted January 28, 2014 by Resolution No.14-03
Amended and Readopted on July 26, 2016 by Resolution No.16-20
Amended and Readopted on April 11, 2017 by Resolution No.17.05
Amended and Readopted on June 22, 2021 by Resolution No. 21.15
Page 3 of 6
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 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.
Adopted January 28, 2014 by Resolution No.14-03
Amended and Readopted on July 26, 2016 by Resolution No.16.20
Amended and Readopted on April 11, 2017 by Resolution No.17.05
Amended and Readopted on June 22, 2021 by Resolution No. 21.15
Page 4 of 6
J. A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider a vote
on a matter. A Motion to Reconsider may only be made and considered if made and acted
upon less than twenty-eight (28) days after the date of the Council action to be reconsidered
and may be made only by a member of Council who voted in the majority on the motion
which is proposed for reconsideration.
VI. Meeting Conduct
A. Point of Privilege: A Council member may interrupt the speaker to raise a matter related to
the comfort of the meeting, such as room temperature, distractions, or ability to hear speaker.
B. Point of Order: A Council member may raise a Point of Order at any time that the Mayor
permits meeting conduct which does not follow these Simplified Rules of Order or otherwise
fails to maintain civility and decorum by the Council and the general public.
C. Appeal: A Council member may move to appeal the ruling of the Mayor on any procedural
matter or other decision related to the conduct of the meeting. If the motion is seconded and,
after debate, it such motion passes by a simple majority vote of the quorum present, then the
ruling or conduct of the Mayor shall be overruled and reversed.
D. Call for Orders of the Day: A Council member may call for Orders of the Day when such
Council member believes that Council discussion has strayed from the agenda. No second
or vote is required. If the Mayor does not return to the agenda, then such ruling may be
appealed.
E. Adjournment: The Mayor may announce the meeting adjourned when there are no further
items on the agenda which have not been addressed. The Council may adjourn a meeting at
any time by motion, second and approval by a majority of the quorum present.
VII. Public Comments: Council agendas shall include a general item labeled "Public
Comment" near the beginning of all Council meetings. Members of the public who wish to provide
comments to Council greater than three minutes are encouraged to schedule time in advance on
the agenda and to provide written comments and other appropriate materials to the Council in
advance of the Council meeting. The Mayor shall permit public comments during any agenda
item and may limit public comment to three minutes per individual, which limitation may be
waived or increased by a majority of the quorum present.
VIII. Public Hearing: The following general rules shall apply to the order and conduct of public
hearings. These rules may be modified or suspended by Motion to Suspend Rules.
A. The Mayor shall open the public hearing by announcing the topic of the agenda item. The
Mayor shall at all times during public hearings strive to maintain civility, decorum and order.
B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain the
applicable procedures and laws, and provide any presentation by the Town.
Adopted January 28, 2014 by Resolution No. 14.03
Amended and Readopted on July 26, 2016 by Resolution No. 16.20
Amended and Readopted on April 11, 2017 by Resolution No.17.05
Amended and Readopted on June 22, 2021 by Resolution No. 21.15
Page 5 of 6
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.
IX. Executive Sessions: Council may convene into executive session at any time by the
affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory citation
and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS
24-6-402(4). The Council is not permitted to take official, final action on any matter in executive
session.
Adopted January 28, 2014 by Resolution No. 14.03
Amended and Readopted on July 26, 2016 by Resolution No. 16.20
Amended and Readopted on April 11, 2017 by Resolution No.17.05
Amended and Readopted on June 22, 2021 by Resolution No. 21.15
Page 6 of 6
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Salida City Council Handbook
[ADOPTED May 7, 2024 via Resolution 2024-__; Amended April 6, 2021 via Resolution 2021-08;
Amended via Resolution 2021-29, 8/3/21] (Replaced previous “Council Meeting Rules of Procedure”)
Chapter 1: Introduction of City Government
Mission Statement
It is the mission of the Salida City Council to guide the City through constructive, thoughtful and inclusive
decision-making, preserving what makes Salida unique and focusing on the most positive outcomes.
Roles and Responsibilities of City Council
Council members are the leaders and policy makers of the City. The City Council has the authority to create
and approve laws, regulations and policies that guide City Government. The City Council serves as the
Local Liquor Licensing Authority, the Marijuana Licensing Authority and hears appeals of certain decisions
made pursuant to the Municipal Code.
Council members also serve as City representatives on Boards of several external organizations such as,
but not limited to, Chaffee Housing Authority and Harriet Alexander Field Airport Board.
The City Council appoints the City Administrator, City Clerk, City Attorney, Municipal Prosecutor and
Municipal Judge. These appointed positions serve at the will of the City Council, and all have written
agreements with the City specifying the parameters and expectations.
Role of the City Council as the Local Liquor & Marijuana Licensing Authority
Liquor & Marijuana Licenses in Colorado must be approved by both the State Liquor/Marijuana Authority
and the local jurisdiction. The City Council acts as the Local Liquor Licensing Authority (LLA) and Marijuana
Licensing Authority (MLA) for the City of Salida. All new liquor and marijuana licenses and transfers must
be approved by the LLA or MLA following a public hearing. Liquor license/Marijuana license renewals are
approved administratively by the City Administrator or City Clerk as long as no violations have occurred,
and no complaints have been made against a liquor license/marijuana license holder. If complaints are
filed, renewals must be considered by the LLA or MLA.
The LLA or MLA has the authority to hold hearings and impose sanctions against liquor license or
marijuana license holders if an establishment violates state liquor or marijuana codes. Sanctions may
include fines, suspension or in severe circumstances revocation of a liquor/marijuana license. Sanctions
may only be imposed in conjunction with a legal proceeding called a show/cause hearing conducted by
the LLA or MLA.
Role of City Council on Boards and Commitees
City Council members are appointed to serve on various external task forces, boards and committees.
Council members serve as voting members on several boards such as but not limited to the Chaffee
Housing Authority and Harriet Alexander Field Airport Board and may be appointed to serve as ex-officio
members of several boards such as the Sustainability Committee. Initial appointments are made soon
after the Council’s organizational meeting following elections. Council members who serve on external
boards and committees are expected to report to the full Council regarding the activities of the board or
committee on which they serve. These updates can occur verbally during the Council Reports section of
the regular City Council meeting, or through written reports submitted to the City Clerk by noon on
EXHIBIT B
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Thursday prior to a Council meeting for inclusion in the meeting packet. Council members may also be
appointed to a committee for special projects or to review and make recommendations regarding service
grant applications.
City Administrator
The City Administrator is the chief administrative officer of the City and is responsible for carrying out the
Council’s directives and administering the day-to-day operations of the City.
“The purpose of the office of the City Administrator is to provide the centralization of the administrative
responsibilities of the City, with the City Administrator to be the administrative head of the City
government under the direction and control of the Mayor and City Council and to be responsible to the
Mayor and City Council for the efficient conduct of the office.” (SMC 2-3-70(a))
“The City Administrator is the personnel director of the City and is charged with establishing appropriate
personnel rules and regulations in compliance with state and federal laws, subject to the approval of
the City Council. As the chief administrative officer, the City Administrator shall have the responsibility
and authority to appoint, supervise and discharge all non-elected department heads and employees,
excepting” appointed officials. (SMC 2-3-70(b))
City Attorney
The City Attorney is the legal advisor for the Council, Administrator and Department Heads. The general
legal responsibilities of the City Attorney include:
•Provide legal assistance necessary for the formulation and implementation of legislative policies.
•Represent the City’s interests, as determined by the City Council, in litigation, administrative
hearings, negotiations and similar proceedings.
•Prepare ordinances, contracts and other legal documents.
•Keep the City Council and staff apprised of court rulings and legislation affecting the legal interests
of the City.
•Attend City Council meetings, and where necessary, other board and commission’s meetings
Chapter 2: Council and Staff Interaction
Governance of a City relies on the clear, honest, cooperative efforts of elected officials, who set policy,
and City staff, who implement and administer the Council’s policies. Therefore, every effort should be
made to be civil, professional, and show mutual respect for the contributions made by each individual for
the good of the community.
Communications through appropriate senior City staff
In general, the City Council should communicate all directives to the City Administrator and the City
Administrator, in turn, directs staff. Questions and requests for information should be directed to the City
Administrator, City Attorney, City Clerk, Municipal Judge, or their designees, including relevant
Department Heads. When in doubt about what staff contact is appropriate, Councilmembers can ask the
City Administrator or the affected appointed official for direction.
Requests for routine research by staff
In order to assure proper coordination and an efficient allocation of City resources, routine requests for
research by City staff should be made to the City Administrator, who will determine what follow-up to
which staff member is appropriate.
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Policy or program modifications
Requests to research and analyze the viability of new or modified legislation, policy, or programming
should be presented as a request at a Council meeting, where it shall be decided whether the request is
something that merits an investment of staff time.
Political support from staff
Councilmembers must refrain from soliciting any type of political support (financial contributions, display
of posters or lawn signs, name on support list, etc.) from City staff at work. Staff certainly may, as any
other citizen, support political candidates away from the workplace, and on their own personal time. The
City as an employer requests that personal mail for employees, including campaign material, be sent to
their home address.
Administrative functions
Councilmembers should avoid staff interactions that may be construed as trying to direct or shape staff
operations.
Same information to all Councilmembers
Council should expect that staff will make every attempt to provide each individual member of Council
with the same information for decision-making. (i.e., requests made of staff for research will be
distributed to all; correspondence to one Councilmember on policy issues will be distributed to all).
Whistleblowers
In the event a Councilmember is approached by an employee with concerns that there is an illegal activity,
including the alleged violation of City policy, the Councilmember shall direct that complaint to the Mayor.
The Mayor will provide the information to the appropriate appointed official for investigation. If the
complaint is made against an appointed official, then the Mayor shall determine what action should be
taken. Where the Mayor desires legal advice he or she should use the City Attorney, or if the complaint is
against the City Attorney, then he or she has the authority to obtain outside legal counsel to assist with
investigation and advice.
Personnel
Members of the Council shall not attempt to individually direct the City Administrator, the City Clerk, the
City Attorney, the Municipal Judge or any City Staff on employment or personnel matters or decisions,
awarding of contracts, selection of consultants, processing of development applications, or the granting of
City licenses or permits.
Chapter 3: City Council Meeting Essentials
Regular Meetings of City Council
Regular meetings are typically conducted in Council Chambers at City Hall on the first and third Tuesday
of the month, excluding holidays, and begin at 6:00 p.m., unless another day or time is set by prior
approval of a majority of the City Council. Regular meetings shall adjourn no later than 9:00 p.m. unless
a later time is agreed upon by a majority vote of the council members present at said meeting. In the
event one or more agenda items have not been called prior to 9:00 p.m., and majority approval for
extension of the meeting has not been obtained, such item or items shall be automatically continued to
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the next regular city council meeting.
Work Sessions of City Council
Work Sessions are typically held in Council Chambers in City Hall on the first and third Monday of the
month, as needed, and usually begin at 6:00pm. The purpose of a Work Session is for general informal
discussion, review and education of policy or operational topics. No formal action or decisions may be
taken at a Work Session, and minutes are not taken. However, the council may direct appointed officials
during Work Sessions to prepare information for a discussion and possible decision at a regular City
Council meeting.
Special Meetings of City Council
The Mayor and any three (3) members of the City Council may call a special mee�ng by having writen
no�ce of such mee�ng personally served on all other Council members, or le� at their usual place of
residence. Except in cases of emergency, special mee�ngs shall not be conducted except upon twenty-
four-hours no�ce.
Special mee�ngs may also be called by majority vote of the membership of the City Council taken and
announced at a regular Council mee�ng. No�ce of such mee�ng shall be given to any member of the City
Council not in atendance.
Should the City Council convene for a special mee�ng pursuant to a request of an interested party for the
purpose of accommoda�ng �me constraints of said interested party, the City Council may, in its discre�on,
assess fees for the special mee�ng against the interested party. The City Council may from �me to �me by
resolu�on adopt a schedule of fees which may be assessed for special mee�ngs. Said fees shall reasonably
compensate the staff of the City and the City Atorney for �me spent in prepara�on for atendance
at special mee�ngs.
Council Meeting Agenda and Packets
Council mee�ng agendas are set by the City Clerk by end of day on the Thursday before the Council
mee�ng. The City Clerk manages the scheduling of agenda items and the publica�on and pos�ng of
agendas. Council mee�ng packets are assembled and the link is delivered via e-mail to council members
by the Friday evening prior to regular Council mee�ngs. City Council agendas and e-packets are posted on
the City website by the Friday evening prior to regular mee�ngs.
Packet informa�on is meant to no�fy the public and assist Council members in preparing for the mee�ngs.
If you have ques�ons regarding an agenda item, you may discuss it in advance with the City Administrator,
or (if applicable) the City Atorney.
Public Hearings
Public hearings are held before the City Council to hear tes�mony from the public regarding specific
maters. Public hearings are held on all ordinances and on items such as the approval of certain quasi-
judicial liquor licenses, marijuana licenses and land use decisions. During a public hearing certain
procedural rules must be followed, which are discussed in greater detail within this Handbook.
Budget
The City’s fiscal year begins on the first day of January and ends the last day of December. The purpose of
the budget is to keep expenditures within the City’s es�mated revenues. The budget consists of two parts:
a carefully prepared es�mate of revenues and a tabula�on of the es�mated cost of each item in the
budget. In the budget process, the Council essen�ally decides what the community needs and wants, what
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the community is willing and able to pay for, and what services the community can expect for its tax dollars.
City staff prepares a proposed budget for City Council review and delibera�on each year. The budget
process usually begins in late June with work sessions to review dra� budget documents and to discuss
priori�es, proposed projects, and the ongoing fiscal responsibili�es of the City. Further dra�s of the budget
are reviewed un�l the budget is ready for final considera�on and approval. The budget contains both an
opera�onal budget and a capital budget. The capital budget contains a list of all capital improvements
which are proposed to be undertaken during the following fiscal year. By law, the budget must be approved
no later than December 15 of each year.
Chapter 4: City Council Meeting Procedures
Public Hearings
Typical Order of a Public Hearing shall be as follows:
•Mayor/presiding officer opens the public hearing.
•City Staff summarizes their report; explains what is being requested; applies relevant Code
provisions; makes recommendations; confirms proper notice of the public hearing.
•Applicant/Appellant presents its request and basis for same; possibly brings forward persons
speaking in support of the application.
•Public Comment. Interested persons from the general public may speak, testify, address
Council. (3 minute limit)
The Mayor/presiding officer will invite public in the following order:
In-person speakers, followed by
Online speakers (if applicable)
•Applicant may offer rebuttal, closing statement and may cross-examine any person who
presented or testified.
•City Staff may offer rebuttal, closing statement and may cross-examine any person who
presented or testified.
•Council may ask questions of any party or any person who as offered comment at the hearing.
•Mayor closes public hearing.
•Preliminary Council Discussion. Council reviews all testimony and evidence presented, applies
appropriate Code provisions, and then objectively discusses and deliberates the requested
application(s). The Council may ask additional questions of (or seek clarification or assistance
from) the applicant, City Staff, Attorney, and anyone else present.
•Call for Motion. A council member proposes a final decision on the application, in the form
of a motion.
•Council deliberates on the motion, and makes any applicable amendments to the motion.
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•A roll call vote of all councilmembers occurs on the final version of the motion.
Quorum for City Council
Three (3) Council members and the Mayor, or four (4) Council members, shall constitute a quorum to
do business at all meetings of the City Council.
Attendance
Attendance at meetings is crucial to allow the City to conduct business, therefore, Councilmembers are
expected to attend all meetings within reason. In the event a member of Council is unable to attend a
meeting of the Council, such member is requested to make a reasonable effort to so advise the City
Clerk, City Administrator, or Mayor in advance of the meeting. If a Councilmember does not provide
prior notice of an absence, such absence will be declared unexcused. If a member accrues more that
four (4) unexcused absences to regular City Council meetings within a twelve (12) month period, such
member shall be removed, and their seat will be deemed vacant.
Order of Business on City Council Meeting Agendas
All business of the council shall be considered in the order of the agenda unless otherwise directed by
motion adopted by the majority of the members present. Agenda order is currently, and should normally
be:
•Call to Order
•Pledge of Allegiance
•Roll Call
•Civility Invocation
•Consent Agenda
- Approval of Agenda
- Approval of the Minutes
•Citizen Comment - three (3) minute time limit. (for items not on the agenda and/or agenda
items that are not scheduled for public hearings)
•Public Hearings
•Unfinished Business/Action Items
•New Business/Action Items
•Reports (from Council members, appointed officials, departments, boards or commissions)
•Executive session, if applicable
•Adjournment
Consent Agenda
The Consent Agenda allows the Council to approve several items of routine business with one vote. All of
the consent items shall be voted on as a group. If a Council Member requests discussion or requests that
any item(s) be removed from the consent items, such item(s) shall be acted upon after consideration of
the remaining consent items by the Council. The individual items will then be considered for adoption.
Consent Agenda items may include, but are not limited to:
•Approval of the Meeting Agenda;
•Approval of the Minutes of prior meetings;
•Approval of contracts or awards of bids previously presented in a work session and/or
approved by City Council in the annual budget;
•Approval of Memoranda of Understanding with various entities;
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•Approval of administrative, organizational or employment policies;
•Appointment of members to a board or commission.
The consent items will be listed as separate items on the Agenda for the Regular Meeting and we
recommend the following explanation for the general public:
“All matters listed under Item X, Consent Agenda, are considered to be routine
business matters by the Council and will be enacted with a single motion and a single
vote by roll call. There will be no separate discussion of these items. If discussion is
deemed necessary by any member of the Council, that item should be removed from
the Consent Agenda and considered separately.”
Citizen Comment
During the Citizen Comment portion of the meeting, the following guidelines should be followed:
•All speakers must be recognized by the presiding official before speaking.
•Each speaker must provide their name before speaking.
•All remarks shall be addressed to the entire governing body.
•Questions posed to the relevant governing body or to the City Staff may not be directly
addressed during public comment.
•Each speaker from the public will be allotted a maximum of three (3) minutes to provide their
comments.
•Disorderly conduct, harassment, or obstruction of or interference with meetings by physical
action, verbal utterance, nuisance, or any other means are prohibited.
•Members of the public may submit written comments at least 24 hours in advance of the
scheduled meeting. Such written comments will be forwarded to the entire Council.
•Members of the public who are attending the meeting remotely will have the opportunity to
speak, following the same guidelines listed above.
At the beginning of Citizen Comments, the Mayor should state, “This is an opportunity for the City
Council to hear from our community. The public will be limited to three minutes each during citizen
comments. The City council may not respond to your comment this evening, rather they may take your
comments and suggestions under advisement and your questions will be directed to the appropriate
department for follow-up. If necessary, the City Administrator will correct the public record.”
Citizen comment opportunities are different than formal public hearings. The public has the opportunity
to comment during the citizen comment period at the beginning of every regular Council meeting. At
this time people may speak for up to three minutes on any topic that is not on the agenda. The public
comment period is a time for the Council to listen to the people. Council generally should not engage in
two-way conversation at this time, nor should the Council feel compelled to respond to the comments.
If Council choses to discuss or take action on a subject brought up during Public Comment that discussion
should be held at the end of the Council meeting under Council Reports.
Reports
City Council reports at the end of regular City Council meetings should aim to be approximately 3 to 5
minutes each.
Each department will provide a writen report, monthly, which is included in the Council packet. The
reports will highlight projects and programs from the previous month.
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Each ac�on item on the agenda will also contain a Council Ac�on Form prepared by City Staff. This CAF
will provide a background of the materials before the Council, any fiscal impact the decision will have,
staffs’ recommenda�ons and the suggested mo�on.
Civility
It is the intention of the Salida City Council to promote civil communication by adopting guidelines for
speaking to the public in the City Council Chambers, and by reading this Civility Invocation at the
beginning of each regular City Council meeting.
Robert's Rules of Order
Regular City Council Meetings are conducted by the Mayor, according to “Bob’s Rules of Order,” the
abbreviated Robert’s Rules of Order (SMC 2-2-80).
Placement of a Work Session or Regular Meeting agenda item
The direction of either the Mayor or a minimum of two (2) City Councilmembers is required in order to
place a topic or item on a work session or regular City Council meeting agenda. Such a request should
be made publicly at regular meeting, if at all possible; however, that is not required if time or other
circumstances do not allow.
Removal of a Work Session or Regular Meeting agenda item
An item previously added to either a work session or regular City Council meeting agenda may be
removed from the agenda by a two-thirds (2/3) vote of the City Council.
Executive Sessions
The policy basis for executive sessions, which are not open to the public, is the recognition that the
public interest can best be served if certain specified matters are discussed in private. The purpose of
an executive session is to deliberate, not to make final decisions. No formal action shall be taken in an
executive session to adopt a proposed policy, position, resolution, rule, regulation or ordinance.
The Colorado Revised Statutes permit Executive Sessions in the following limited situations:
1.Real and Personal Property: to discuss the purchase, acquisition, lease, transfer, or sale of
property interests, so long as the executive session is not held to conceal an official’s
personal interest in the property. (CRS §24-6-402(4)(a))
2.Attorney Conferences: for the purpose of receiving legal advice on specific legal questions.
(CRS §24-6-402(4)(b))
3.Confidential Matters Under State or Federal Law: for the purpose of discussing any topic
required by state or federal law to be kept confidential. The governing body must announce
the specific statutory citation or rule that requires the confidentiality of the matter to be
discussed. (CRS §24-6-402(4)(c))
4.Security Arrangements or Investigations: for the purpose of discussing specialized details of
security arrangements or investigations. (CRS §24-6-402(4)(d))
5.Negotiations: for the purpose of determining positions, strategy, or instructions to
negotiators. (CRS §24-6-402(4)(e))
6.Personnel Matters: for the purpose of discussing general personnel matters. However, if the
discussion involves a specific employee, that employee may request an open meeting. If the
discussion involves more than one employee, the executive session may be held unless all
of the employees request an open meeting. ‘Personnel Matters’ does not include
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discussions of any member of a local public body, any elected official, the appointment of
any person to fill a vacancy in a local public body or elected office, or discussion of personnel
policies that do not require discussion of particular employees. (CRS §24-6-402(4)(f))
7.Documents Protected Under Open Records Act: for discussions that involve consideration of
documents protected by the mandatory non-disclosure provision of the Open Records Act.
Discussion of documents protected under the ‘work product’ or ‘deliberative process’
privileges in the Open Records Act must occur in an open meeting unless an independent
basis for an executive session concerning such documents exists. (CRS §24-6-402(4)(g))
Executive Session Procedures:
•Executive sessions may only be conducted during a regular or special meeting of the City
Council.
•The City must first announce the topic of discussion to the public, including the specific
citation to the Open Meetings Law (CRS section) that authorizes consideration of the
announced topic in executive session, as well as “identification of the particular matter to
be discussed in as much detail as possible without compromising the purpose for which the
executive session is authorized.”
•A City Councilmember must make an official motion to go into Executive Session (i.e. “I move
to go into Executive Session for the purpose of a conference with the City Attorney for the
purpose of receiving legal advice on specific legal questions under C.RS. Section 24-6-
402(4)(b)).”
•Two-thirds of the quorum present must vote affirmatively on the motion before the
governing body can close the meeting to the public.
•Discussions that occur in Executive Session must be electronically recorded. The recordings
must be retained for at least ninety (90) days after the date of the session. If, in the opinion
of the City Attorney present, all or a portion of the discussion constitutes a privileged
attorney-client communication, no record or electronic recording is required to be kept of
that part of the discussion. Chapter 5: Conflicts of Interest
Common Good
•City Council Members shall work for the common good of the people of the City and not for any
private or personal interest; and
•City Council Members will ensure fair and equal treatment of all persons, claims, and transactions
coming before the City Council.
Definitions
For purposes of this Section, these terms shall have the following assigned meaning:
•Financial Interest means any interest equated with money or its equivalent.
•Financial Interest shall not include:
o The interest that a City Council Member or relative has as an employee of a business, or as
a holder of an ownership interest in such business, in a decision of any public body when
the decision financially benefits or otherwise affects such business but entails no
foreseeable, measurable financial benefit to the officer, employee, or relative;
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o The interest that a City Council Member or relative has as a non-salaried officer or member
of a nonprofit corporation or association or of an educational, religious, charitable,
fraternal, or civic organization in the holdings of such corporation, association, or
organization;
o The interest that a City Council Member or relative has as a recipient of public services when
such services are generally provided by the City on the same terms and conditions to all
similarly situated citizens regardless of whether such recipient is a City Council Member or
relative;
o The interest that a City Council Member or relative has as a recipient of a commercially
reasonable loan made in the ordinary course of business by a lawfully established financial
or lending institution;
o The interest that a City Council Member or relative has as a shareholder in a mutual or
common investment fund in the holdings of such fund unless the shareholder actively
participates in the management of such fund;
o The interest that a City Council Member or relative has as a policyholder in an insurance
company, a depositor in a duly established savings association or bank, or a similar interest-
holder unless the discretionary act of such person, as a City Council Member, could
immediately, definitely, and measurably affect the value of such policy, deposit, or similar
interest;
o The interest that a City Council Member or relative has as an owner of government-issued
securities unless the discretionary act of such owner, as a City Council Member, could
immediately, definitely, and measurably affect the value of such securities; or
o The interest that a City Council Member has in the compensation received from the City for
services provided to the City as a City Council Member.
•Personal Interest means any interest (other than a financial interest) by reason of which a City
Council Member, or a relative of such City Council Member, would, in the judgment of a
reasonably prudent person, realize or experience some direct and substantial benefit or
detriment different in kind from that experienced by the general public.
o Examples of personal interest include an increase in the value of a real property interest or
advancement of an employment opportunity.
•Personal Interest shall not include:
o The interest that a City Council Member or relative has as a member of a board, commission,
committee, or authority of another governmental entity or of a nonprofit corporation or
association or of an educational, religious, charitable, fraternal, or civic organization;
o The interest that a City Council Member or relative has in the receipt of public services when
such services are generally provided by the City on the same terms and conditions to all
similarly situated citizens; or
o The interest that a City Council Member has in the compensation, benefits, or terms and
conditions of his or her service to the City.
Disclosure and Abstention Procedures
Disclosure: A City Council Member who has a personal or private interest in any matter proposed or
pending before the Council shall disclose the interest to the other members prior to action on the matter
by the Council.
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Abstention: A City Council Member shall be excused from voting on any matter on which he or she has a
conflict of interest.
- The City Council Member who has the conflict of interest shall refrain from attempting to
influence the other members of the Council who are or will be voting on the matter.
- The City Council Member excused from voting because of a conflict of interest shall leave the
meeting during the deliberations and the vote on the matter.
Privileges, Exemptions, and Services
A City Council Member shall not use his or her official position to secure a special privilege, exemption or
service for himself or herself or for others, nor shall any member of the Council seek or grant any special
consideration, treatment, or advantage to or for any citizen beyond that which is generally available to every
other citizen.
This provision shall not be interpreted to prohibit or hinder a member from presenting citizen concerns to
the Council or to City Staff and requesting a response to the citizen concern.
Personal Gain and Use of Public Resources
A City Council Member shall not take any special advantage of services or opportunities for personal gain,
by virtue of his or her public office, that are not available to the public in general. City Council Members
shall refrain from accepting any benefit or promises of future benefits which compromises their
independence of judgment or action or gives the appearance of such compromise.
A City Council Member shall not use public resources not available to the public in general, such as City
Staff time, equipment, supplies or facilities, for private gain or personal purposes, except for privileges
generally available or granted to employees of the City.
Appearance of Impropriety
An appearance of impropriety is created when a City Council Member takes or may take a direct official
action that, although not constituting a conflict of interest, will create a reasonable perception that his or
her ability to carry out his or her official duties with integrity, impartiality, and competency is impaired.
As non-exhaustive examples only, appearances of impropriety may be created in the following
circumstances:
•When the direct official action involves or will involve a close friend of the City Council Member;
•When the City Council Member is a recipient of an official notice of a quasi-judicial hearing due
to the City Council Member's ownership or lease of property to be affected by such hearing; or
•When the City Council Member will be called upon to consider taking official action of a quasi-
judicial nature and the City Council Member has previously and publicly expressed an opinion,
position, or bias regarding the matter.
A City Council Member who determines that that his or her actions may cause an appearance of
impropriety may disclose the appearance of impropriety and abstain from voting as provided in the
Disclosure and Abstention Procedure section above.
Employment
It is in the interest of the City to hire the most qualified people to work in the City.
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Due to the potential conflict of interest that exists when a Council member applies for an open position
with the City, any councilmember that intends to apply for an open position with the City must resign
his/her council seat at the next regular meeting after an application is submitted.
If an employee is elected to City Council, they must resign their position with the City at the first regular
meeting after they take office.
Chapter 6: Open Meetings Law
(Colorado Revised Statutes 24-6-401, et seq.)
Meeting means: any kind of gathering, convened to discuss public business, in person, by telephone,
electronically, or by other means of communication. However, Meeting does not include electronic
communications that do not relate to the merits or substance of pending legislation or other public
business. Examples include communications regarding scheduling and availability, forwarding
information, responding to a public inquiry, or posing a question for later discussion by the public body.
Local public body means: any board, committee, commission, authority, or other advisory, policy-making,
rule-making, or formally constituted body of the City and any public or private entity to which the City, or
an official thereof, has delegated a governmental decision-making function but does not include persons
on the administrative staff of the local public body.
- Note the exclusion in the foregoing definition for “administrative staff.”
What meetings are required to be “open to the public” at all times?
- All meetings of a quorum or three or more members of any local public body, whichever is
fewer, at which any public business is discussed or at which any formal action may be taken.
Notice: Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation,
or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to
be in attendance, shall be held only after full and timely notice to the public. In addition to any other
means of full and timely notice, a local public body shall be deemed to have given full and timely notice if
the notice of the meeting is posted in a designated public place within the boundaries of
the local public body no less than 24 hours prior to the holding of the meeting. The public place or places
for posting such notice shall be designated annually at the local public body's first regular meeting of each
calendar year. The posting shall include specific agenda information where possible.
- OML does not define “full and timely notice,” but provides an example of notice by posting.
The General Assembly recently authorized this posting to be on the public entity’s website.
Chance meetings and social gatherings: The requirements of the OML do “not apply to any chance
meeting or social gathering at which discussion of public business is not the central purpose.”
Open Meetings Law may apply to the following discussions:
a. Emails
b.GoToWebinar chat box
c.Text messages
i.Messaging during a meeting: councilmember to councilmember could violation OML; or
councilmember to an applicant or the public may violate other quasi-judicial provisions.
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Chapter 7: Legislative v. Quasi-Judicial
Proceedings
Applying constitutional due process (fair hearing) requirements, state and federal courts have
characterized certain governmental entity decisions as legislative, and others as quasi-judicial. It is
important to understand the differences between the two because the courts require that special
procedures be followed for quasi-judicial matters.
Legislative Matters
Legislative matters are matters of general concern or with applicability throughout a municipality. In the
legislative role, the City Council reviews, recommends, creates and amends regulations on a citywide
basis. Legislative matters are frequently referred to as “policy making.”
Examples: Resolutions or Ordinances with broad application; amending Municipal Code.
The City Council may freely discuss legislative matters with the general public.
Quasi-Judicial Matters
Quasi-Judicial matters have a narrower application. Unlike legislative matters, the Council does not set
new policy in a quasi-judicial proceeding, but rather applies policy established in existing law to specific
facts gathered at the hearing to arrive at its decision on the case presented.
Examples: special use permits, zoning variances, subdivision plat approvals, liquor license
issuance, nuisance abatement.
In quasi-judicial hearings, the City Council is acting in a manner similar to a judge, and must make an
objective decision that is based upon the evidence presented at the hearing and the current law and
applicable legal standard.
Because these proceedings impact the property rights of one individual, entity or small group of
individuals, fairness and due process must be ensured. Everyone with an interest in the case, as well
as all members of the decision-making body, must hear the same evidence, at the same time, from
the same sources. The applicant, appellant or property owner deserves the opportunity for a fair,
impartial hearing before unbiased, impartial decision makers, each of whom have had the benefit of
the same input and testimony. During quasi-judicial hearings, Council will not engage in reflective
listening.
Council’s Impartiality in a Quasi-Judicial Proceeding may be affected by:
(1) Pre-judgment or bias. An individual Councilmember’s desires, personal preferences or prejudices
must not be a factor for consideration, or enter into their decision-making. A councilmember must
not have their mind made up before the hearing, and must remove themselves from the process
if they have advocated one way or the other on a quasi-judicial matter. Each member participating
in the hearing must have the ability to decide the case fairly, impartially and based solely on the
evidence and testimony presented at the hearing.
(2) Conflicts of Interest. Described earlier in Chapter 5 of this Handbook.
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(3) Ex-Parte Communications. Ex-Parte communication refers to information received “outside of the
record,” whether verbal, written, electronic, or graphic. Ex-parte communications are also
defined as communication between a councilmember and one party, outside the presence of the
other parties to the case, or other affected individuals.
Because of the legal constraints of this process, councilmembers may not discuss quasi-judicial
issues outside of a hearing. Council must refrain from listening to opinions outside of the public
hearing, and should not form opinions until the hearing. Council also should not research the issue
outside of the hearing. Should a member of the public, or the applicant, attempt to share opinions
or discuss the issue, Council must explain that because it is a quasi-judicial matter, they cannot
not engage in ex-parte communication. Councilmembers may direct the individual to provide
written comments to City Staff, which will be included in the public record, and considered by all
Council at the proper time.
Courts generally hold that such communications are improper and may provide legal grounds for
overturning a Council’s decision. These rules promote impartial decisions by ensuring disclosure
of all evidence and arguments presented to the Council in its deliberation and decision. These
rules also gives everyone involved a fair chance to respond to all information that may affect the
decision. If any Councilmember believes that their ability to participate in the hearing fairly and
impartially has been compromised, they must cure the issue by disclosing the issue on the record
or recusing themselves from the hearing.
Chapter 8: City of Salida Remote
Participation Policy
(Adopted via Resolution 2021-29 2024-)
The preference and expectation of all Councilmembers is to attend regular and special Council meetings
in-person, in City Hall, whenever possible, in recognition of the efficiency and effectiveness of in-person
participation when conducting the public business of the City of Salida. However, there may be occasional
times when in-person attendance is not possible. The City finds that remote attendance by
Councilmembers is preferable to not permitting participation or delaying the conduct of public business.
Members of Council may therefore participate remotely in council meetings subject to the following rules
and procedure.
This Policy shall also apply to all quasi-judicial proceedings in front of any City board or commission. When
considering a quasi-judicial matter, City boards and commissions, and its members, shall follow this Policy
in the same manner intended for Councilmembers.
This Policy applies when a local disaster emergency is not in effect.
When an emergency has been declared, the City’s “Electronic Participation Policy for City Council
Meetings and Meetings of City Boards and Commissions During a Local Disaster Emergency” adopted by
City Council via Resolution 2020-42 shall apply.
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“Remote Attendance” means participation by video or audio means, such as Zoom, GoToMeeting,
Webex, Microsoft Teams or similar platform approved by the City, which is clear, uninterrupted and allows
two-way communication for the participating Councilmember.
Circumstances permitting remote participation
Councilmembers may participate in a meeting by remote attendance when travelling out-of-town, when
ill, when a family or personal emergency arises, or when unforeseen circumstances do not allow in-person
attendance. Councilmembers who are ill are encouraged and expected to participate by remote
attendance. Councilmembers may participate remotely no more than four (4) times in a twelve (12)
month period for Regular City Council meetings. This provision does not apply to Work Sessions. If a
Councilmember violates this provision, they shall be removed, and their seat will be deemed vacant.
Meeting requirements concerning remote participation
Council may permit remote participation in a meeting, provided that all of following standards are met:
1.All members of the City Council can hear one another or otherwise communicate with one
another and can hear or read all discussion and testimony in a manner designed to provide
maximum notice and participation.
2.Councilmembers and members of the public present at the meeting location can hear or read
all discussion, testimony and votes.
3.At least one member of the City Council is present at the meeting location.
4.All votes are conducted by roll call.
Arranging for remote participation
To arrange to participate remotely, a Councilmember shall contact the City Clerk in writing, as far in
advance of the meeting as possible, and include the circumstance in which the Councilmember is making
the request. Upon receipt of such written request, the City shall use its best efforts to provide the
technical means necessary to fulfill the request from City Hall; provided, however, that it shall be
incumbent upon the Councilmember who desires to participate by remote attendance to provide the
technical means necessary to facilitate remote attendance from their location. Such Councilmember are
expected to be situated in a stationary location with adequate internet service with video camera on and
presenting in a professional manner similar to in-person Council meeting attendance.
Public Participation
For meetings where it is practical for City Council to utilize an electronic communication platform,
members of the public may participate in such meetings and make comments at such times as are
designated by the Mayor. The City may impose requirements on public participation by electronic means
such as requiring a member of the public to send an email to the Clerk prior to the meeting if they desire
to present on an item not on the agenda or requiring a member of the public to give notice to City staff in
advance or during the meeting of their desire to comment on a specific agenda item.
A Councilmember participating through remote attendance:
•shall be entitled to participate in all Council matters in the same capacity as a Councilmember in
physical attendance, including participation quasi-judicial matters and executive sessions;
•shall be counted for purposes of establishing a quorum;
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•shall have the opportunity to express comments during the meeting and participate in the same
capacity as those members physically present, subject to all general meeting guidelines and
adopted procedures;
•shall be heard, considered, and counted as to any vote taken;
•shall be called during any vote taken and shall have such Councilmember’s vote counted and
recorded by the City Clerk and placed in that meeting’s minutes; and,
•may leave a meeting and return as in the case of any member upon announcement of such
leaving and returning.
In the event that City Council holds an executive session, participants shall be authorized to attend
remotely. A Councilmember participating in an executive session remotely shall: (a) have a secure
telephone or electronic connection, and (b) certify that they are the only person in the room and that no
other person has access to the executive session. Any executive session conducted under this Policy shall
be recorded electronically as provided for by statute.
Presiding Officer
The Mayor, Mayor Pro Tem or other designated person who is presiding over the meeting shall have the
discretion to mute any Councilmember who is participating through remote attendance when distracting
and extraneous noise is occurring through the remote attendance. The officer who is presiding over the
meting may delegate the ability to mute Councilmembers to the meeting host who controls the meeting
platform. The presiding officer shall use best efforts to recognize and provide opportunity for
Councilmembers who are participating via remote attendance the ability to contribute to the discussion
and express comments. The presiding officer during the meeting shall designate the individual who
councilmembers should contact during the meeting in the event of technical difficulties or in connection
with other matters related to items not appearing on the agenda for the meeting in which the
Councilmember is participating remotely.
Reasonable Accommodations
The City may provide reasonable accommodation and waive or modify provisions of this Policy for the
benefit of members of the City Council, commission, board or the public with a disability.
Chapter 9: Travel and Mail
Travel
The City will pay for ordinary and necessary expenses incurred by City Council members with are directly
related to City business. Actual or per diem travel expenses should be itemized on a Travel Expense Form
(available in the Finance Office) and submitted along with necessary documentation. This includes
mileage when you need to travel using your personal vehicle. Efforts should be made to travel with staff
who are able to drive City-owned vehicles.
The City Administrator’s office can assist you in registering for classes, conferences and booking travel
arrangements. Council members should always use discretion in their use of City-related business travel.
Travel expenses incurred by public officials are typically subject to a high level of public scrutiny.
Council Mail
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Correspondence/mail addressed to the City Council is placed in the Council mailboxes, located in the mail
room, accessible through the Finance Office. Please check your mailbox when you visit City Hall. E-mail
correspondence addressed to City Council is forwarded to all Council members and the Clerk’s Office
retains a copy for the public record.
Chapter 10: Additional Resources
Colorado Municipal League – www.cml.org
The Colorado Municipal League (CML) is a non-profit organization that has served and represented
Colorado cities and towns since 1923. In 2021, 270 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. The Town of
Crested Butte is a member of CML and the organization sends an informational welcome packet to newly
elected council members. Council members also receive newsletters from CML.
Colorado Association of Ski Towns – www.coskitowns.com
The Colorado Association of Ski Towns is an organization of 26 municipalities whose economies are largely
dependent upon the ski industry and tourism. Members include the mayors, managers and council
members of these resort towns. CAST has more than a dozen Associate Members that include Colorado
counties as well as out-of-state towns and counties.
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 diverse knowledge, experience and leadership 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 our communities livable, protect our pristine
environment, and promote affordable housing, multi modal transportation, climate action and
sustainable tourism. CAST’s goal is to ensure an exceptional quality of life for citizens and a positive
experience for visitors.
Colorado Communities for Climate Action – www.cc4ca.org
Colorado Communities for Climate Action is a coalition of 42 local governments across the state
advocating for stronger state and federal climate policy. CC4CA is governed by a Board of Directors
representing all of the member communities.
Colorado Intergovernmental Risk Sharing Association – www.cirsa.org
The Colorado Intergovernmental Risk Sharing Agency (CIRSA) was formed by Colorado municipalities, for
Colorado municipalities. More than 285 communities and public entities are members, because the
advantages of working collectively as a community far outweigh what commercial providers offer.
Exhibit A, Page 1 of 19
WOODLAND PARK CITY COUNCIL
COUNCIL RULES OF PROCEDURE
Rev. May 15, 2023
Exhibit A
Page
Section 1. Purpose and Effect Page 2
Section 2. Parliamentary Authority Page 2
Section 3. Duties of Officers Page 2
Section 4. Meeting Provisions Page 4
Section 5. Council Meetings, Occurrence, Notice Provisions, and Minutes Page 7
Section 6. Council Meeting Agenda and Order of Business Page 8
Section 7. Agenda Preparation Page 12
Section 8. Conducting Public Hearings Page 14
Section 9. City Council Committees Page 15
Section 10. Additional Items Page 15
Section 11. Sanctions Page 18
EXHIBIT C
Exhibit A, Page 2 of 19
Section 1. Purpose and Effect. These Rules of Procedure ("Rules") constitute the official rules
of procedure for the Woodland Park City Council and are adopted for the sole benefit of
the members of the City Council to assist in the orderly conduct of Council business. These
rules do not grant rights or privileges to members of the public or third parties.
These Rules shall be periodically reviewed as needed, but at least every [Posted] five years;
therefore, the Rules shall be reviewed in the month of January of every year ending in zero
(0) or five (5), or as soon thereafter as practicable and may be reviewed any other time that
Council shall choose to review them.
These Rules do not supersede the provisions of the Home Rule Charter of the City of
Woodland Park, Colorado, (“Charter”) but are only intended to supplement the provisions
of the Charter and Woodland Park Municipal Code (“Code”).
References herein to “he” or “his” are not intended to be gender specific and instead shall
be read as “he or she” and “hers or his”.
Section 2. Parliamentary Authority. In all decisions arising from points of order, the Council
may consult the most current edition of Robert's Rules of Order Newly Revised (currently
the 11th edition), a copy of which is maintained in the office of the Woodland Park City
Clerk (“Clerk”). Any reference to Robert's Rules of Order in these rules means the most
current edition of Robert's Rules of Order. A majority of a quorum of Councilmembers
present at a meeting may waive any rule.
Section 3. Duties of Officers.
a.Presiding Officers.
The Mayor shall be the presiding officer of the Council. He shall preside at meetings
of the Council, and shall have the same right to speak and vote therein as any
member. (Charter § 3.2)
The Mayor Pro Tem shall act as Mayor during the absence or disability of the Mayor.
In the event of absence or disability of both the Mayor and the Mayor Pro Tem, the
Council shall designate another of its members to serve as Acting Mayor during
such absence or disability. Any Mayor Pro Tem or Acting Mayor, while serving as
Mayor, shall retain all powers granted herein to Councilmen. (Charter § 3.3)
b.Presiding Officer's Duties. It will be the duty of the Presiding Officer to:
i.Call the meeting to order.
Exhibit A, Page 3 of 19
ii.Keep the meeting to its order of business.
iii.Control discussion in an orderly manner.
1.Give every Councilmember who wishes an opportunity to speak
when individually recognized by the Presiding Officer.
2.Allow city staff participation when recognized by the Presiding
Officer.
3.Permit audience participation at the appropriate times.
4.Require all speakers to identify themselves by name and current
municipality of residence for the record, and at the speaker’s option,
his or her street address, speak to the question and observe the rules
of order.
iv.Request that the City Clerk state each motion before it is discussed and
before it is voted upon.
v.Put motions to a vote and City Clerk announce the outcome.
vi.Confirm that a Councilmember's request of staff is agreeable to a majority
of Council present. The City Manager shall first consider a request requiring
extensive staff effort or study. On any request, staff may seek clear direction
from a majority of the Council.
vii.Allow any Councilmember to request a roll call vote.
c.Presiding Officer-Question of Order. The Presiding Officer shall decide all
questions of order, subject to the right of appeal to the Council by any member. A
majority vote of Council present in favor of an appeal may overrule the Presiding
Officer’s ruling.
A speaker is out of order when speaking of matters foreign to the issue.
On questions that are debatable, the minority has the undeniable right to
deliberate.
d.ATTENDANCE. In the event an member of Council is unable to attend and meeting
of the Council, such member is requested to make a reasonable effort to so advise
the City Clerk, City Manager, or Mayor in advance of the meeting. In the event a
Councilmember is not in attendance at a meeting, such absence shall be considered
excused, unless any Councilmember objects to the excusal of such absence.
i.In the event of objection, the City Council shall determine by majority vote
whether the absence is excused or unexcused.
ii.In the event a Council member is absent for three (3) regular meetings in a
two-year term, any absence thereafter shall be considered unexcused unless
Exhibit A, Page 4 of 19
the City Council has previously approved the extended absences.
iii.When a member's absence from a meeting is declared unexcused by the City
Council, at the next succeeding regular meeting attended by the unexcused
member, the member may explain the reason for the subject absence and
request that the City Council for reconsideration. Such reconsideration may
occur upon the concurrence of a majority of the councilmembers present.
iv.If a member accrues more than three (3) unexcused absences within a two-
year term may subject a Councilmember to disciplinary action by a majority
vote of the rest of the Council. If a member accrues more than four (4)
unexcused absences or eight (8) total absences within a two-year term the
Council may declare the seat vacant.
v.If any Councilmember is absent for three successive meetings, without prior
approval by the Council in advance of such, and fails to attend the fourth
meeting, the seat shall be declared vacant.
Except in the event of a personal need or emergency, no member may leave the
meeting while a meeting is in progress without the request and permission of the
Mayor. In such event, the Mayor may delay Council action, or proceed without the
absent member(s) unless the matter before Council is quasi-judicial.
Section 4. Meeting Provisions. All Council Meetings shall comply with the requirements of the
Colorado Open Meetings Law, § 24-6-401 and § 24-6-402, C.R.S. (All regular, special and
emergency meetings of the Council shall be open to the public and citizens shall have an
opportunity to be heard under such rules and regulations as the Council may prescribe.
(Charter § 3.11)).
a.Quorum. A majority of the members of the Council including the Mayor in office at
the time shall constitute a quorum for the transaction of business at all Council
meetings. A quorum shall be present at all regular, special and emergency meetings
before any formal or legally binding action shall be taken by the Council. In the
absence of a quorum, a lesser number may adjourn any meeting to a later time or
date. In the absence of all members, the Clerk may adjourn any meeting for not
longer than one (1) week. (Charter § 3.12).
b.Seating Arrangement. The Mayor shall sit at the center of the Council dais, and the
Mayor Pro Tem shall sit at the right hand of the Mayor. The City Attorney shall sit
at the left hand of the Presiding Officer, to readily assist in consultations for order
of the meeting. The City Manager shall sit at the left hand of the City Attorney. The
remaining Councilmembers shall be seated to the right of the Mayor Pro Tem in
descending order of seniority on the Council. If two or more Councilmembers have
identical seniority, they shall be seated in alphabetical order by last name.
c.Forms of Address. Council members shall always address each other in a respectful
manner.
Exhibit A, Page 5 of 19
d.Dissents and Protests. Any Councilmember shall have the right to express dissent
from any ordinance or resolution of the Council and have the reason entered in the
minutes, if requested by the dissenting Councilmember.
e.Voting. The votes during all Council Meetings and Committee balloting shall be
transacted as follows:
i.Unless otherwise provided for by Charter, ordinance, or resolution, all votes
shall be by a roll call vote taken by the Clerk, except that at the request of
the City Clerk or any Councilmember, either a voice vote or show of hands
vote may be taken by the Clerk, and the City Council may, in voting upon
appointments to Council, (Boards and Commissions, vote by paper ballot
and may vote for any one of the candidates for appointment. The paper ballot
shall have the name of the Council Person casting the vote upon it and at the
conclusion of the vote, the paper ballots shall be collected and given to the
City Clerk who shall read the vote cast by each Council Person into the
record. Each candidate receiving a majority of present Council Members
votes shall be appointed to the Board or Commission. (Charter § 7.14)). (In
all roll call votes during a meeting, the names of the members of the Council
shall be called in alphabetical order and the name to be called first shall be
advanced one (1) position alphabetically in each successive roll call vote.
(Charter § 7.3 (c)).
On any matter upon which a tie vote is recorded, the matter shall fail. (Any
member refusing to vote, except when not so required by this Charter, shall
be considered delinquent in his duties and an affirmative vote shall be cast
and recorded in his name. (Charter § 7.3 (a), last sentence)).
In the event the Mayor or any Councilmember, or any member of his
immediate family, has or could potentially be construed as having a conflict
of interest, said Mayor or Councilmember shall declare such interest. If the
Mayor or any Councilmember fails to declare such interest, the remaining
members of the Council shall determine by a majority vote whether said
interest does in fact constitute a conflict of interest. ((b) Neither the Mayor
nor any member of the Council shall vote on any question in which he has a
conflict of interest, other than the common public interest, or on any question
concerning his own conduct. (Charter § 3.14))
A vote by "Yes" or "No" shall be taken upon the passage of all ordinances,
resolutions and motions, and entered upon the minutes of the Council
proceedings. (Every member, when present, must vote upon ordinances,
resolutions and motions, except a member shall be excused from voting on
any question in which he has a conflict of interest or on any question
concerning his own conduct. Each member of the Council who is present
shall vote when his name is called, unless excused by the unanimous consent
of the remaining members present. Any member refusing to vote, except
when not so required by this Charter, shall be considered delinquent in his
duties and an affirmative vote shall be cast and recorded in his name. (Charter
§ 7.3 (a)).
Exhibit A, Page 6 of 19
(The "Yes" and "No" votes upon all ordinances, resolutions and motions
shall be entered upon the minutes, except that where the vote is unanimous
it shall only be necessary to state that the vote was unanimous. (Charter § 7.3
(b)).
Debate. The Presiding Officer should offer the maker of the motion the
opportunity to speak first during discussion on the motion. Individual
Councilmembers, after recognition by the Presiding Officer, may each speak.
ii.Where electronic voting mechanisms are utilized, the final vote will be held
privately by the Clerk until all members have finalized their vote
electronically, after which the individual Councilmember votes will be
announced and posted publicly.
f.General Meeting Decorum.
i.While the Council is in session, the members must preserve order and
decorum. A member should not by conversation or otherwise (a) delay or
interrupt the proceedings; (b) disrupt any member while speaking or the
peace of the Council; or (c) refuse to obey the orders of the Council or the
Presiding Officer, except as otherwise provided in these rules.
ii.Persons may address the City Council regarding any action of the City
Council, individual Councilmember, or individual staff member. However,
they shall direct their remarks to the entire City Council and shall exercise
proper respect and decorum. A person (or persons) disrupting a Council
meeting shall be asked by the Presiding Officer to cease the disruptive
behavior. The Presiding Officer, in the event of any disturbance or disorderly
conduct in Council Chambers, shall have the power to order the same to be
cleared and shall have authority to appoint a member of the Police
Department as a temporary sergeant at arms for the purpose of preserving
order in and near the Council Chambers.
g.Confidentiality.
i.Councilmembers shall keep confidential all written materials and verbal
information provided to them during executive sessions. Confidentiality also
covers information provided to Councilmembers outside of executive
sessions when the information is exempt from disclosure under law.
ii.A decision to breach confidentiality, or to waive a privilege, such as the attorney-
client privilege, shall only be made by the Council acting as a whole, whenever the
confidentiality requirement or the privilege applies to the city as a whole or to the
Council as a whole. Any Councilmember who individually breaches such
confidentiality, or who purports to waive such a privilege will be considered to be
acting outside the performance of the councilor’s authority. Further, the intentional
dissemination of confidential information received in executive session, whether
oral or written, shall constitute misconduct of office.
Exhibit A, Page 7 of 19
iii.Following an executive session, the designated City staff representative
handling the issue shall manage the contact with any other party. Any
Councilmember having any contact or discussion shall make full disclosure
to the City Manager and/or the Council in a timely manner.
h.Comfort Recesses.
A break may be taken at 9:00pm.
i.Seating and other arrangements.
Council chambers shall consist of general public seating arranged in a
manner to maximize the seating and allow for comfortable spacing.
i.The city staff who sit at the dais are the City Manager, City Attorney, City
Clerk, and the designated sergeant-at-arms (Chief of Police or their law
enforcement designee) and other presenting staff when additional seating is
available. Remaining staff shall sit at a staff table.
ii.Council may designate a staff table to allow room for additional staff
presenting to place their materials and limit the use thereof to staff only.
iii.Council may designate a press table to be utilized by credentialed members
of the press including, for example, newspaper and radio staff and reporters.
Section 5. Council Meetings, Occurrence, Notice Provisions, and Minutes.
a.Regular Meetings. Regular Meetings are held the first and third Thursdays of the
month at 6:30 p.m., except that Council meetings times may be adjusted to
accommodate holding executive session(s) prior to the order of business.
b.Special Meetings. Special meetings of the Council shall be called by the Clerk on
the written request of the Mayor, or by any two (2) members of the Council, on not
less than twenty-four (24) hours written notice to each member of the Council,
served personally or left at his usual place of residence or place of business, and
written notice posted in not less than three (3) public places. (Charter § 3.8 (a)). (No
business shall be transacted at any special meeting of the Council unless the same
has been stated in the notice of such meeting. (Charter
§ 3.8 (b)). For purposes of the noticing of special meetings, an e-mail, and a text
message, followed by an acknowledgement, shall be considered a written notice.
c.Work or Study Sessions. References to “Work Sessions” for the purpose of these
procedures are equally applied to “Study Sessions”. The Council, at its sole
discretion, may schedule and hold Work or Study Sessions as it deems necessary.
Work or Study Sessions are informal meetings for the purpose of review or
discussion of certain topics: i.e. programs, projects, or issues; the upcoming Regular
Business Meeting preliminary agenda; forthcoming programs and future Council
agenda items; progress on current programs or projects. The City Manager may
Exhibit A, Page 8 of 19
request to provide other information they feel is appropriate for consideration for a
Work Session. Work or Study Sessions are intended to provide information or to
develop policy consensus, and are not generally used for final actions.
d.Executive Sessions. The Council may meet in executive session only under those
circumstances allowable by the laws of the State of Colorado; provided, however,
that no formal or legally binding action by the Council for the City shall be taken
at any such executive session. (Charter § 3.11 (a).
The Council may hold executive sessions from which the public may be excluded,
for those purposes allowable by the laws of the State of Colorado.
e.Public Notice. The City shall comply with the provisions of § 24-6-402, C.R.S. to
provide notice of Council meetings.
f.Minutes.The City Clerk shall prepare action minutes for all regular and
special meetings. Action minutes will minimally include the following items:
i.Place of the meeting;
ii.Time the meeting started and ended;
iii.Which members of Council were present and, if relevant, any absences;
iv.The fact that a quorum was present;
v.Text of all main motions taken up by the Council and their disposition
(passed, failed, referred to a committee, postponed, etc.);
vi.Any points of order that were made and their resolution; and
vii.Any other notations required under Charter, Code, or these Rules; and
viii.If Council went into executive session, the time of entering and the time of
leaving such session. (See “Mastering Council Meetings” by Ann G.
McFarlane)
g.Recordings. At a minimum, the City Clerk shall audio record all regular, special,
and work session meetings in an archival media form. Video recordings that include
audio are an acceptable alternative for documenting the meeting/session. For
purpose of retention, work sessions shall comply with the statute retention
requirements of regular meetings.
i.All recordings shall be retained by the City Clerk in accordance with
existing statute requirements.
ii.All recordings shall be available for public records requests in compliance
with existing statutes.
iii.When digital recordings are available, endeavor to have them available on
the city web site as soon as possible.
Section 6. Council Meeting Agenda and Order of Business.
a.Order of Business for Regular Business Meetings. The typical order of business
for each Regular Business Meeting shall be as follows:
i.Call to Order
ii.Roll Call
iii.Pledge of Allegiance
Exhibit A, Page 9 of 19
iv.Ceremonies, Presentations, and Appointments
v.Approval of Agenda Order & Content (Additions, Deletions or
Corrections to Agenda)
vi.Consent Calendar (Public Comment May Be Heard)
vii.Public Comment on Items Not On the Agenda.
viii.Unfinished Business (Including Public Hearings)
ix.Ordinances on Initial Posting (Public Comment May Be Heard)
x.Public Hearings (Public Comment May Be Heard)
xi.New Business (Public Comment May Be Heard)
xii.REPORTS:
Reports should be confined to Public Service Announcements, Liaison
reports, and other community based announcements or presentations. No
personal or ad hominem attacks or election campaigning shall be allowed.
1.Mayor’s Report
2.Council Reports
3.City Attorney’s Report
4.City Manager’s Report(s)
xiii.Executive Session (if necessary). (Executive Sessions may also be held
first or prior to the order of business).
xiv.Adjournment
This Order of Business may be changed from time to time upon majority vote or
consensus of the City Council.
The agenda of a Special Meeting shall generally follow the same format as that
provided for Regular Business meetings.
b.Order of Business for Work or Study Sessions. The order of business for each
Work or Study Session shall be flexible to better accommodate discussion and time
sensitive issues and may be changed upon majority approval of the Council. The
typical agenda order will be as follows:
i.Call to Order
ii.Roll Call
iii.Pledge of Allegiance (optional)
iv.Approval of Agenda Order & Content (Additions, Deletions or
Corrections to Agenda)
v.Study Session Items for Discussion or Review
vi.Public Comments
vii.Adjournment
c.Precedence of Motions.
Motions are to be phrased in an affirmative grammatical manner; and avoidance of
any “double negative” type grammar in motions is encouraged.
Exhibit A, Page 10 of 19
A Councilmember may withdraw his/her motion at any time before it is put to a
vote.
When any motion is upon the floor and the question is under debate, no motions
shall be received but the following, and they shall generally have precedence in the
following order, to wit:
Not debatable
•To adjourn.
•To call for the previous question.
•To postpone to a date certain.
Debatable
•To postpone a legislative matter indefinitely.
•To recess for a definite time.
•To refer.
•To amend.
•To amend the motion to amend.
•To lay on the table.
d.Council Agenda. No item shall be voted upon which is not on the agenda as
approved by the Council at the meeting, except that Council may vote to hold an
executive session that is not on the agenda as approved by the Council at the
meeting.
e.Consent Calendar. The items on the consent calendar include those that: (a) have
been previously discussed by the Council; (b) can be reviewed by the Council
without further explanation based on the information delivered to the Council by
the administration; or (c) are so routine or technical in nature that passage is likely.
Ordinances on initial posting shall appear on the consent calendar. As public
comment is customarily heard on Second Reading of the ordinance, which occurs
at the meeting following initial posting, public comment will ordinarily not be taken
at the meeting when initial posting occurs. Notwithstanding this customary practice,
the presiding officer may choose to receive public comment on initial posting,
should the circumstances warrant.
Councilmembers may ask questions about items on initial posting, but staff
presentations will not be scheduled at initial posting. Background information on
the item may be included in the packet for the meeting at which initial posting
occurs.
The motion to adopt the consent calendar shall be non-debatable and have the effect
of moving to adopt all items on the consent calendar. Since adoption of any item on
the consent calendar implies unanimous consent, any member of the Council shall
have the right to remove any item from the consent calendar. Therefore, under the
item "Approval of Agenda Order & Content," the Presiding Officer should inquire
if any Councilmember wishes an item to be withdrawn from the consent calendar.
Exhibit A, Page 11 of 19
If any matter is withdrawn, the Presiding Officer shall place the item at an
appropriate place on the agenda for deliberation at the current or a future Council
meeting.
Under the item "Consent Calendar," the Presiding Officer should inquire if any
Councilmember wishes to record a "no" vote. If a Councilmember wishes to record
a "no" vote without withdrawing the item from the consent calendar, the
Councilmember may do so by identifying the agenda item number and stating that
intention at the time the Presiding Officer inquires whether any items are to be
withdrawn from the consent calendar. The City Clerk records any “no” vote for any
remaining Consent Calendar item(s), noting which item(s) have a specific “no” vote
registered by dissenting Councilmember(s) along with the dissenting
Councilmember name. The Consent Calendar adoption motion vote shall include
the voting of all Councilmembers, dissenting to individual items or not.
f.Public Comments.
i.Oral and Written Comments. Any citizen or his or her designated
spokesperson may speak under public comments for no more than three
minutes, unless this rule is suspended by the Council. A speaker may read
written comments they have authored themselves. In the case of a disability
prohibiting a written comment speaker from speaking, they may designate a
citizen spokesperson to execute the reading of their comments. Suspension
of the three minute rule will require agreement by the majority of the Council
present. A citizen or his/her designees may speak once per public comment
period. If a citizen or his/her designee appearing before the Council has used
three minutes, that person, after all those who have signed up to speak have
done so, may continue to address the Council if Council votes to suspend
the rule.
All other written comments shall be handed to council, but no other written
comments or correspondence shall be read into the record.
Public comment will not be taken in connection with items designated on
the Council Agenda as Initial Posting or First Reading, Unfinished Business
or New Business, except with special permission of the presiding officer.
The Presiding Officer shall have the discretion to address any issue raised
by a citizen during public comments, refer the matter to the staff, or a future
study session for discussions and/or thank the citizen for his or her
comments.
Councilmembers may ask citizens clarification questions, during public
comment, however public comment is not intended to be a dialogue or
debate between the witness and Councilmembers.
The Council may more informally take public comments at a study session,
when appropriate and practical.
ii.Identification of Speakers. Persons testifying shall identify themselves for
Exhibit A, Page 12 of 19
the record by name and municipality of residence, and at the person’s option,
his or her street address. If representing an organization, the speaker shall
also identify the location of the organization.
iii.Instructions for Speakers. Instructions for speakers will be affixed to the
podium. The Presiding Officer will advise speakers that their comments are
being recorded and are a matter of public record.
iv.Addressing Council Outside of a Public Hearing or Public Comments. No
person may address the Council while it is in session without the recognition
of the Presiding Officer.
g.Reports of the Mayor and Councilmembers. Reports of the Mayor and
Councilmembers shall be directly related to City business. Such reports may
include, but are not limited to: request for future agenda items; report on events or
meetings of outside municipal boards or groups to which a Council member has
been assigned or appointed; announce community-wide events; introduce citizen
concerns or inquiries about City services; or to make simple information requests
that can be easily answered by City staff at the City Council Meeting or by later
communication. Council should endeavor to give City Staff advance notice of any
staff requests made during these Reports, when possible.
The Mayor and Councilmembers shall not use this portion of the Meeting to make
political statements; to rebut, respond to, or refute actions previously taken by the
City Council; or to comment about or respond to the actions or comments of a fellow
Councilmember.
Section 7. Agenda Preparation. The Council’s agenda for meetings belongs to the Council
whose purpose is to conduct the business of the City for the benefit of the citizens. In order
for the Council to have sufficient advance knowledge of and preparation time for the
upcoming agenda, the following procedure shall be followed for generating a future agenda
for any Regular Council meeting:
a.The City Clerk, under direction of the City Manager, will maintain an informal,
draft, preliminary agenda for the next several regular Council meetings that includes
dates and anticipated agenda items for said meetings. The preliminary agenda shall
also include pending agenda items that have not been scheduled. This preliminary
agenda shall be provided to Council on a weekly basis for review, information,
comment, and to allow modifications to be made by Council.
b.An item for a Council meeting may be placed or modified on the informal,
preliminary agenda list, via email request to the City Manager and City Clerk, by
any of the following methods:
i.A majority vote of the Council at a prior meeting.
ii.Council consensus at a prior meeting.
iii.By any two Councilmembers. The names of the requester
Councilmembers shall be set forth on the agenda.
Exhibit A, Page 13 of 19
c.Agenda items that are continued from one meeting to another will be placed on an
available future meeting agenda based upon workloads, priorities, and other
scheduling considerations, as determined by the Mayor or Mayor Pro-tem in the
absence of the Mayor, in consultation with the City Manager.
d.Regular meeting agendas shall become finalized at the Mayor’s meeting 8 days
before the regular meeting with the Mayor, Mayor Pro-tem, City Manager, City
Clerk, and City Attorney. The agenda will then be provided to City Council who
will review and provide any additional comments within 24 hours after which the
Mayor or Mayor Pro-tem in the absence of the Mayor and City Clerk shall finalize
the agenda and packet which should be available at city hall by 5:00 p.m. at least
6 days before the next Council meeting or delivered electronically to
Councilmembers.
e.Special meeting agendas shall become finalized by the Mayor or Mayor Pro-tem in
the absence of the Mayor and consensus of Council and posted as soon as
practicable, and in compliance with Colorado law, before the meeting.
f.In the event of emergency or time sensitive matters, any agenda may be amended
with concurrence of at least two Councilmembers or the Mayor and a
Councilmember and posted as soon as possible in compliance with Colorado law.
Matters that can practically be held at a later date should be placed upon the
preliminary agenda for later scheduling to ensure proper due diligence.
g.Public Requests for Presentations and Proclamations.
i.It is the policy of the City to only consider requests to allow presentations
or to make proclamations for events, issues, or causes that directly affect
Woodland Park residents, businesses, and organizations.
ii.The City Council will only consider requests that are timely and have
potential relevance to a majority of Woodland Park's residents, businesses,
and organizations. Requests to make a formal presentation to Council must
be accepted only from individuals or organizations located in Teller County.
iii.Each presentation or proclamation has a five (5) minute time limit.
iv.In order for any PowerPoint or similar visual aid to be used as part of any
presentation to Council, a copy of such presentation must have been
included in the packet distributed to the Council before the meeting at which
such visual aid is proposed to be used.
v.No action will be taken immediately following a presentation. Any action
by the Council will be made an agenda item for a future meeting of the
Council.
vi.Presentations that include a request for some sort of official action by the
Council shall be placed on the agenda under the “New Business” heading.
vii.Presentations, ceremonies, and proclamations shall be limited to three (3)
agenda items per meeting unless approved by two Councilmembers in
advance per the process described above.
Exhibit A, Page 14 of 19
Section 8. Conducting Public Hearings.
a.Rules for conducting Public Hearings. Generally, and except where the Code
specifies different procedures, the following rules of procedure will apply to public
hearings (and public comment on items on the agenda for which the Council accepts
public comment). However, these rules may be altered, amended, or revised upon
consensus of the City Council.
1.Presiding Officer shall declare the public hearing open and ask for
Councilmembers to disclose any ex parte communications or conflict of
interest that may result in recusals.
2.Staff’s review of the Staff Report with project description, findings and
recommendation.
3.Applicant’s presentation and justification for their request. (Note: The
applicant may present first followed by the staff report, if preferred.)
4.Presiding Officer shall recognize questions from the Council to the applicant
and staff, as needed, during the presentations.
5.Presiding Officer shall open the Public Comment portion of the hearing.
6.Presiding Officer shall close the Public Comment portion of the hearing.
7.The applicant may then present rebuttal evidence and additional information
to further clarify any questions that may have been raised by the public.
8.Presiding Officer may recognize any final questions from the Council and
conclude the evidentiary portion of the hearing.
9.Upon closure of the evidentiary portion of the hearing, the Presiding Officer
encourages deliberations on the findings of the application.
10.Presiding Officer encourages a Motion and second to the Motion.
11.Presiding Officer requests any further discussion on the Motion.
12.Motion is voted upon, making a determination on the request.
b.Rules for conducting Quasi-Judicial Hearings. The following additional rules shall
be observed during any Council quasi-judicial public hearing:
i.Public oral testimony shall not be given on quasi-judicial matters outside of
a public hearing except on matters of procedure. If a quasi-judicial matter is
on the agenda, the City Attorney, or the City Clerk, in the absence of the City
Attorney, shall inform the public what the Charter and Code permit as to
public comments on quasi-judicial matters. If comments are provided in
writing, such written comments must be filed with the Clerk no later than
1:00 p.m. of the Wednesday preceding the hearing. No material submitted
later than that time will be considered by the Council unless permitted by the
Presiding Officer.
ii.The Presiding Officer shall declare the public hearing open, and ask
councilmembers to disclose ex parte oral or written communications.
Exhibit A, Page 15 of 19
Section 9. City Council Committees.
a.To help the City Council complete its work and to make City Council Meetings
more efficient, the Council may form Committees to gather information; consider
project/program options; or other duties as may be assigned by the City Council.
Any such Committee shall only be authorized to investigate and evaluate those
matters referred to it by the City Council.
b.Each Councilmember shall be notified when a Council Committee meets and shall
receive a copy of the Meeting Agenda. After a Council Committee has met, the
Committee Chair shall report the Committee's activities to the entire Council at the
next Regular Meeting; or the assigned staff support employee shall prepare a written
summary of the Committee's activities for distribution to the entire Council.
c.The following basic rules shall apply to City Council Committees:
i.Ad Hoc Committee Assignments. Ad hoc committees of not more than three
Councilmembers may be appointed by the Presiding Officer, with the
concurrence of the Council, from time to time as the need arises. The
Presiding Officer, with the concurrence of the Council, shall also appoint the
chair of any such ad hoc committees. Example: Vehicle Usage Review
Committee (VURC).
The City Manager may be an ex-officio member of any and all such
committee(s).
ii.Standing Committee Assignments. If standing committees are formed, their
members shall be appointed by the Presiding Officer, with the concurrence
of the Council. The Presiding Officer, with the concurrence of the Council,
shall also appoint the chair of such standing committees.
iii.Committee Meetings Open to Public. All meetings of committees designated
pursuant to this Section shall comply with the requirements of the Open
Meetings Law §24-6-401 and §24-6-402, C.R.S.
Section 10. Additional Items.
a.Decorum - General. Councilmembers are strongly encouraged to exercise principles
of general decorum in all aspects of their official City conduct, including but not
limited to public statements, press releases, media interviews and written
correspondence constituting a public record. For purposes of this subsection,
"general decorum" shall mean politeness, courtesy, professionalism, and avoidance
of personal insults, ridicule, bullying, slanderous remarks and ad hominem attacks
with respect to other City officials, employees, and fellow Councilmembers.
b.Electronic Devices. Councilmembers may use computers, electronic tablets, smart
phones, personal digital assistants and similar devices, whether personal or City-
issued, to access data during council meetings in a manner that is not distracting to
others or disruptive to the meeting. Councilmembers shall not communicate using
telephonic, text messaging, video chat/streaming, or any form of social media during
Exhibit A, Page 16 of 19
a council meeting. During quasi-judicial matters, Council members shall not make
or receive personal, private phone calls, text messages, or emails while at the
Council dais. Outside quasi-judicial matters, Councilmembers should keep personal
communication to a minimum for urgent family or personal communications and
not use electronic means to avoid the open discussion of public business.
Councilmembers shall not communicate in any electronic format with another
Councilmember during a council meeting.
c.Social media. This policy applies to any pre-existing or proposed social media tools
including but not limited to: social media websites, blog, microblogging, discussion
forums, photo and video sharing websites, wiki, and virtual worlds used to conduct
official city business including matters effecting the City Council’s policy making
functions consisting of the discussion or undertaking of a rule, regulation, ordinance,
or formal action of the City Council or the exercise of functions required or
authorized by law or involving the receipt or expenditure of public funds
i.Officials must not reveal any confidential or privileged information about the
city, its constituents, its employees, or its contractors.
ii.Officials should be honest and accurate to the best of their ability when posting
information or news, and should correct any mistakes, misstatements and/or
factual errors in content upon discovery and in a timely manner. Officials should
not post or share information known to be false, intentionally misleading.
iii.Unless the official has been designated to serve as a spokesperson, officials
should never represent themselves as a spokesperson for the City Council, a
board or committee, the city administration, or any city department.
iv.Officials are expressly prohibited from using personal or professional social
media to engage in any activity or conduct that violates federal, state, or local
law. as such, officials are prohibited from deleting posts and related comments
regarding any city-related matters and are prohibited from convening and
discussing substantive issues online to avoid violation of Colorado open records
act and Colorado sunshine law.
v.Officials are strongly encouraged to separate personal social media accounts
from professional social media accounts so that city-related matters and all
public records generated from those posts are easily archived and not
intermingled with personal posts not related to city matters.
vi.Officials are strongly encouraged to consider the potential impact of social
media statements prior to posting. The city strives to be professional in its
operations and processes.
vii.Officials are prohibited from deleting comments that do not violate stated
posting restrictions from Woodland Park city residents or blocking said residents
on official social media websites, blog, microblogging, discussion forums, photo
and video sharing websites, wiki, and virtual worlds. Officials may not violate
Exhibit A, Page 17 of 19
the free speech rights of members of the public by removing comment based on
the viewpoint or opinion expressed.
d.Conduct outside of meetings. Councilmembers are constantly being observed by the
community every day that they serve in office. Their behaviors and comments serve
as models for proper decorum in the City of Woodland Park. Honesty and respect
for the dignity of each Councilmember and community member should be reflected
in every word and action taken by Councilmembers, 24 hours a day, seven days a
week. It is a serious and continuous responsibility.
i.Councilmembers should not make promises or guarantees on behalf of the
city, staff, other city boards, committees or commissions, or the City
Council.
ii.Councilmembers should not make personal comments, attacks, or
derogatory remarks about other Councilmembers. While it can be acceptable
to publically disagree about an issue, it is unacceptable to make derogatory
remarks about others, their opinions and actions.
iii.When appearing in a non-official representation capacity before another
governmental agency or organization the Councilmember shall clearly state
that the statement is their own. Councilmembers should be cautious that even
when they represent their own opinions, it still may reflect upon the city.
Councilmembers may relate official actions and positions taken by the City
Council.
e.Conduct with city staff. Per the City Charter, the City of Woodland Park is a
Council-Manager form of government which requires separation of certain
responsibilities. Governance of the city relies upon the cooperative efforts of elected
officials, who set policy, and city staff, who implements and administers the Council’s
policies. Therefore, every effort should be made to be cooperative and show mutual respect
for the contributions made by each individual for the good of the community.
i.Councilmembers should treat all staff as professionals and practice clear and
honest communication that respects the abilities, experience, and dignity of
each staff member. Unprofessional or abrasive conduct to staff is not
acceptable. If an employee behaves unprofessionally towards Council or the
public, Councilmembers should inform the City Manager or City Attorney
directly and immediately, in some form of confidential communication.
ii.Information requests should be handled through the City Manager, City
Attorney, or Municipal Judge as appropriate unless these direct reports have
provided additional guidelines and directions for staff interactions. Requests
for follow-up or directions to staff should be made only through the City
Manager or City Attorney. When in doubt about if it is appropriate to have
contact with staff, Councilmembers should ask the City Manager or City
Attorney.
Exhibit A, Page 18 of 19
iii.Unless the charter or ordinances require, or if expressly invited to participate,
Councilmembers should avoid being involved in administrative functions.
Councilmembers should not attempt to influence city staff on the making of
appointments, awarding of contracts, selection of city consultants,
processing of development applications or granting of licenses or permits.
iv.Council should avoid being involved in employment issues.
Councilmembers should not express concerns or criticize the performance
of any city employee(s) in a public forum or in a public manner. If a
Councilmember has concern with an employee, the Councilmember should
report the same in private communication to the City Manager or City
Attorney. Councilmembers should report contact with city employees to the
City Manager or City Attorney as appropriate.
v.Councilmembers should not solicit political support from staff in any form
including financial contributions, display of posters or lawn signs, name on
support lists, etc. City staff may, as private citizens with constitutional rights,
support political candidates but all such activities shall be done away from
the work place and on private time.
vi.The City Manager and City staff should likewise treat all Council members
as professionals and practice clear and honest communication that respects
the abilities, experience, and dignity of each Council member.
Unprofessional or abrasive conduct by staff toward Council is not
acceptable. The City Manager should immediately take corrective action if
an employee behaves unprofessionally towards Council or the public.
Section 11. Sanctions.
a.City Council acting by majority, may impose sanctions on fellow Councilmembers;
including reprimand, or public censure, pursuant to the following:
i.Councilmembers who intentionally and repeatedly do not follow proper
conduct may be reprimanded or formally censured by the council. Serious
infractions of the city charter, city ordinances, the code of ethics, or these
rules of procedures, could lead to sanctions as deemed appropriate by the
council.
ii.Councilmembers should first point out infractions to the offending
Councilmember(s). If the offences continue, the matter should then be
referred to the Mayor in private. If the Mayor is the offender, then the
Councilmember should refer the matter to the Mayor Pro-tem.
iii.It is the responsibility of the Mayor (or Mayor Pro-tem if appropriate) to
initiate action if a Councilmember’s behavior may warrant sanction. If no
action is taken by the Mayor, the allegations may be brought to a public
meeting at the request of at least two (2) Councilmembers. Any sanction
shall be by super majority (2/3 or greater) vote of the Council.
Exhibit A, Page 19 of 19
iv.If the alleged violation occurred outside the direct observation of the Mayor
or Councilmembers, the matter should be referred to the Mayor. The Mayor,
or the majority of Council, may request the matter be referred to a third party
investigator to determine if a violation occurred.
CITY OF FORT MORGAN
COUNCIL POLICY
Exhibit A to Resolution No. 2021-01-01
Approved & Adopted on: January 5, 2021
RULES OF PROCEDURE FOR THE CITY COUNCIL
OF THE CITY OF FORT MORGAN, COLORADO
I. Council Rules of Procedure
Charter Authority
Purpose and Declaration of Policy
Rule 1 Meetings
Rule 2 Consent Agenda
Rule 3 Conduct of Meetings
Rule 4 Conflicts of Interest
Rule 5 Role and Responsibilities
Rule 6 Attendance
Rule 7 Compliance and Enforcement
Rule 8 Amendments
Rule 9 Effective Date and Term
Rule 10 Budget Process
Rule 11 Council's Use of Technology
II.Rules Concerning Staff and Council Interaction
III.Rules Concerning Council Conduct with Boards and Commissions
EXHIBIT D
I. COUNCIL RULES OF PROCEDURE
Charter Authority
“The council shall consist of the Mayor elected at large and two councilmembers from each
ward chosen by the electors of such ward. It shall be the judge of the election and
qualification of its own members, shall determine its own rules of procedure, may punish
its members for violation of such rules and may compel the attendance of members.”
(Article III, Sec. 1, Charter of the City of Fort Morgan (2019) emphasis added) Upon
adoption by the Council, the following set of rules shall be in effect until such time as they
are amended or new rules are adopted in the manner provided by these rules.
Purpose and Declaration of Policy
The proper operation of democratic government requires that elected officials 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 gains; and that the public have confidence in the integrity of its
government. In recognition of these goals, these Rules of Procedure for all elective officers
of the City of Fort Morgan are hereby adopted. The purpose of these Rules of Procedure
is to establish guidelines for ethical standards of conduct for all such officers by setting
forth those acts or actions that are compatible with the best interest of the City and by
directing disclosure by such officers of private financial or other interests in matters
affecting the City. By eliminating conflicts of interest and providing a guide for their
conduct in City matters, the City Council hopes to promote the faith and confidence of the
citizens in their government.
The holding of a public office is a public trust created by the confidence which the electorate
has in the integrity of its elected officials. Elected officers serve their government in a
fiduciary capacity and must not bestow special consideration upon any person or group, but
should carry out their official duties for the benefit of all the people of the City of Fort
Morgan. These elective officers have sworn an oath to uphold the Constitution of the United
States, the Constitution of the State of Colorado and the Charter and ordinances of the City
of Fort Morgan.
The citizens of Fort Morgan have adopted the principles of the modified council-manager
form of city government and to that end have declared that the principles of that form of
government require that the City Council appoint the principal employees of the City to
administer the administrative functions of the City, subject to the City Council’s direction,
free from the direction of any individual member of the City Council in the day-to-day
administrative operations of the City. The citizens of Fort Morgan have granted all policy-
making and legislative power to the City Council which shall act as a body. Except by City
Council delegation, no member of the City Council has any authority to exercise the power
of his or her office except as set forth in the City Charter and Municipal Code. (The
modified council-manager form of government also requires an informed Council and
therefore, it is consistent with the modified council-manager form of government for
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of the City of Fort Morgan, Colorado
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members of the Council to inquire of appointed officials as provided for in the Charter for
the purpose of obtaining information.) Finally, the purpose of these Rules of Procedure is
to provide clear conduct guidelines and necessary enforcement procedures, and to fully
implement the provisions of Article III Sec. 1 of the Charter of the City of Fort Morgan
(2019).
The City Council is composed of individuals with a wide variety of backgrounds,
personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in
public office in order to preserve and protect the present and future of the City of Fort
Morgan. In all cases, this common goal should be acknowledged even as members of the
Council may “agree to disagree” on contentious issues. These Rules of Procedure are
established to make public meetings and the process of governance run smoothly.
Governance of the City relies on the cooperative efforts of the members of the Council, who
set policy, and the City Staff, who implement and administer those policies.
Rule 1 Meetings
(a) General Provisions. The regular term of office of all elective officers of the City
of Fort Morgan shall commence on the second Tuesday of January next after their
election (Sec. 17, Article VIII, Charter of the City of Fort Morgan (2019)). An
Organizational Meeting of the Council shall be held on the second Tuesday of
January in every even-numbered year for the purpose administering an oath of
office to newly elected members of the Council, appointing the principal employees
of the City, and confirming the Mayoral appointments required to the various
Boards and Commissions of the City. Each council at its first regular meeting, and
thereafter when a vacancy in the office shall occur, shall elect one of the
councilmembers Mayor Pro Tem (Article III, Sec. 2, Charter of the City of Fort
Morgan (2019)). At some time before the Organizational Meeting training will be
presented by the City Manager and City Attorney. Each time a new member of City
Council is elected or appointed as the result of a vacancy; the City Council will
schedule training for the new member.
(b) City Council Regular Meetings. City Council shall meet the first and third
Tuesday of each month at City Hall at the hour of 6:00 p.m., or at a time as
otherwise determined by the City Council. (Article III, Sec. 3, of the Charter; Sec.
2-14, Fort Morgan Municipal Code (2019)).
(1) Regular Meeting. During the Regular Meeting, City Council will consider
action on old and new business items and may take action on any item
placed upon the agenda. There is no requirement that action be taken, and
any item may be postponed to a subsequent agenda either by action of the
Council or direction of the Mayor. Any such meeting of the City Council at
a time other than on the first and third Tuesday of each month shall be
considered a Special Meeting of the City Council, and may be called or
scheduled by the City Council or the Mayor in accordance with the
requirements of the Code (Sec. 2-2-30 (b), Fort Morgan Municipal Code
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(2010)). An ordinance may be read, approved or passed at a Special
Meeting.
(2) Work Session. Work sessions will be held as needed and determined by the
City Council, for the purposes of reviewing and discussing the budget or
whatever other issue or issues the Council may choose. Normally, work
sessions will be held on the Tuesdays when there is no Regular Meeting
being held. No action or decision regarding a policy issue may be taken at
a work session. However, the Council may direct appointed officials to
prepare information for a discussion and possible decision at a regular
meeting.
(3) Retreats. Retreats may be scheduled at any time by the City Council.
Retreats are for the purpose of discussing broad policy issues and to provide
an opportunity for the City Council and Appointed Officials and staff to
communicate about important topics facing the City. No action or decision
regarding a policy issue may be taken at a retreat. However, the Council
may direct appointed officials to prepare information for a discussion and
possible decision at a regular meeting.
The Mayor shall meet and/or confer with the City Manager, City Attorney, and any other
appointed officials necessary to prepare and give notice of the Agenda for each Meeting.
(c) Public Hearings. Public hearings shall be scheduled and notice thereof published
as required by law to invite citizen or interested party comments on a specific
subject. The Mayor shall direct the City Manager to prepare an Agenda for the
Public Hearing to establish the order in which issues will be considered, including
objections to the action proposed. The Clerk is responsible for making a record of
the Public Hearing. The Mayor shall conduct the Public Hearing as hearing officer
and shall rule on all matters which arise during the Public Hearing. If necessary,
Special Counsel shall be designated to advise the Mayor during the Public Hearing.
Time limits may be established by the Mayor for each speaker. Persons who wish
to speak at a Public Hearing shall first state their name and address. Members of
the Council shall not express bias or pre-judgment opinions during a Public
Hearing, except to ask pertinent questions of a speaker or the City Staff. The Mayor
is authorized to require that all public officials and citizens conduct themselves in
a civil and businesslike manner. Disruptive behavior or personal attacks shall not
be permitted during the Public Hearing. Members of the public who do not conduct
themselves properly after a warning during a Public Hearing may be banned from
further testimony at same public hearing or removed from the Council Chambers.
Members of the Council should also refrain from arguing or debating with the
public during a Public Hearing. The Chief of Police or his designee may be
authorized by the Mayor to remove any person who is disrupting a Public Hearing,
after initial warning. Any Public Hearing may be continued to a future specific date
and time without requiring publication of additional notice.
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(d) Executive Sessions. May be convened upon motion and the affirmative vote of
two-thirds of the quorum present. An Executive Session may only be held at a
Regular or Special Meeting and in accordance with the provisions of C.R.S. § 24-
6-402. The topic or topics for discussion in the Executive Session shall be
announced to the public, including a specific citation to the provision(s) of C.R.S.
§ 24-6-402(4) authorizing the Council to meet in an executive session and
identification of the particular matter(s) to be discussed in as much detail as possible
without compromising the purpose for which the Executive Session is authorized.
The form of the Motion for an Executive Session should, where possible, be set
forth in the Agenda for the Meeting from which the Executive Session will be
convened and that Motion shall be read in full at least once before a member makes
a motion for an Executive Session. The substance of this Motion shall also be as
set forth in the Executive Session Motion Form attached hereto as Exhibit “B.” No
formal action shall be taken in an executive session to adopt a proposed policy,
position, resolution, rule, regulation, or ordinance. Performance Reviews of
individual appointed officials shall be conducted by the Council as a personnel
matter in executive session unless the employee whose performance is being
reviewed has requested discussion in an open meeting. Executive Sessions shall not
be open to the public. A script of the announcements to be made at the beginning
and at the end of the Executive Session by the Presiding Officer shall be prepared
by the Clerk in advance. The form and substance of these announcements shall be
as set forth in Exhibit “B,” attached hereto, as appropriate in the circumstances.
These announcements shall be made at the beginning and at the end of the
Executive Session by the Presiding Officer. At the conclusion of the Executive
Session, the Council shall return to the open meeting and may act on any matter as
is deemed appropriate or adjourn the Meeting as provided in Exhibit “B.” The
confidentiality of the matters discussed in Executive Session shall be preserved by
all persons present. Other procedures for the Executive Session shall be as provided
in Exhibit “B.”
(e) Administrative Hearings/Quasi-judicial proceedings concerning code
violations or appeals. The Council from time to time shall meet in quasi-judicial
proceedings to hear evidence related to code violations or appeals. When such a
hearing or appeal is scheduled the Council may direct the City Attorney to hire or
otherwise obtain conflict-free legal counsel to represent the Council on legal issues
related to the process. Where a member of City Council has questions concerning
the process of the hearing they shall meet with the City Attorney and educate
themselves on what constitutes appropriate conduct for members sitting as judges
in these meetings.
(f) Journal of Proceedings (“Minutes”). An account of all proceedings of the
Council meetings shall be kept by the City Clerk and shall be entered in a book
constituting the official record of the Council. (Article III, Sec. 4, Charter of the
City of Fort Morgan (2019)). This account, commonly known as the “minutes” for
Council meetings, should be primarily a record of the action taken at a meeting, not
what was said by members of the Council. The minutes shall contain a separate
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paragraph for each subject matter and, at a minimum, reflect each subject or item
considered and the language of and disposition of each motion, resolution,
ordinance, or matter on which action is taken. With respect to annexation and
zoning hearings, considerably more detail may be needed. The minutes shall be the
official record of the proceedings at Regular and Special Meetings. The minutes
may be corrected or amended after they have been approved, if an error or material
omission is reasonably established.
Rule 2 Consent Agenda
The Consent Agenda allows the Council to approve several items of routine business with
one vote. Items presented by Staff at a work session may include a recommendation, if
appropriate, that the item be included on the Consent Agenda for approval at a Regular
Meeting. If appropriate documentation is presented in the packet for an appointment to a
Board or Commission, such an item may be included on the Consent Agenda for a Regular
Meeting without further presentation or discussion at a work session, unless discussion is
requested by a member of the Council. The Council shall determine those items to be
included as consent items on the Agenda for any regular session of a Regular Meeting. After
the City Clerk reads the Consent Agenda, all of the consent items shall be voted on as a
group. If a Council Member requests discussion or requests that any item(s) be removed
from the consent items, such item(s) shall be acted upon after consideration of the remaining
consent items by the Council. The individual items will then be considered for adoption.
Consent Agenda items may include, but are not limited to:
Approval of the Minutes of prior meetings;
Receipt and referral of applications and scheduling of public hearings;
Approval of Liquor License Renewals, if no violations have been noted;
Approval of bids or contracts previously presented in a work session;
Approval of payment of the monthly bills;
Approval of appointments to Boards and Commissions;
Approval of a Resolution previously presented in a work session;
Approval and passage of an Ordinance on second reading, if such Ordinance
passed unanimously on first reading and if no amendments are required, and
publication will be by title only.
Rules of Procedure for the City Council
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The consent items will be listed as separate items on the Agenda for the Regular Meeting
with the following explanation for the general public:
“All matters listed under Item _______, Consent Agenda, are considered to
be routine business matters by the Council and will be enacted with a single
motion and a single vote by roll call. There will be no separate discussion of
these items. If discussion is deemed necessary, that item should be removed
from the Consent Agenda and considered separately.”
Rule 3 Conduct of Meetings
A majority of the members of the Council shall constitute a quorum to do business (Article
III, Sec. 3, Charter of the City of Fort Morgan, (2019)).
In all executive and legislative matters coming before it, the Council shall act only by
ordinance, resolution or motion. Every member, when present, must vote, and every
resolution and motion shall require for passage a majority vote of the Council members
present. (Article III, Sec. 4, Charter of the City of Fort Morgan, (2019)). An exception to
the requirement to vote applies to council members who are excused from voting on a
particular issue due to a conflict of interest as outlined in Rule 4 of these Rules of
Procedure.
Every ordinance shall require on final passage the affirmative vote of four members of the
Council. (Article III, Sec. 4, Charter of the City of Fort Morgan, (2019)).
All contracts involving in the aggregate an expenditure of ten thousand dollars or more that
correlate with a budget line item that was appropriated by the City Council in the adopted
budget shall be ratified by Resolution (Article III, Sec. 4, Charter of the City of Fort
Morgan, (2019)).
Every proposed ordinance before its final passage shall be read in at least two Regular
Meetings of the Council, may be amended on its first and second readings, and be published
in full at least once in a newspaper of the City at least ten days before its final passage
(Article III, Sec. 4, Charter of the City of Fort Morgan, (2019)). Ordinances may be read
by title only and summarized where a copy of the proposed ordinance has been made
available to each member of the City Council in advance of the Regular Meeting. After
proper publication, an ordinance shall be referred to by title only on second reading.
Voting on motions shall be by ayes and nays, unless a roll call is requested by any member
of the Council. Voting on ordinances and resolutions shall be on the voting light system
available in Council Chambers. Each member of the Council shall activate either a “yes”
vote or a “no” vote from his or her seat and the City Clerk shall light the votes once each
Member has voted. The votes shall be announced by the City Clerk and entered upon the
Minutes of the meeting. If the voting light system is not available, a roll call vote may be
conducted by the City Clerk by first calling on each councilmember in a rotational order,
or the Clerk may ask for a voice vote or a vote by show of hands.
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In case of a tie vote on any motion or resolution, the motion or resolution shall be
considered lost.
Rule 4 Conflicts of Interest
Charter Authority: “The elective officers of this city under this Charter shall be the mayor
and councilmembers, and these shall be the only officers of this city.” (Article V, Sec. 1,
Charter of the City of Fort Morgan (2019))
Members of the Council shall work for the common good of the people of the City of Fort
Morgan and not for any private or personal interest, and they will assure fair and equal
treatment of all persons, claims and transactions coming before the City Council.
A member of the Council who has a personal or private interest in any matter proposed or
pending before the Council shall disclose the interest to the other members prior to action
on the matter by the Council. The member shall be excused from voting on any matter on
which he or she has a conflict of interest. The member who has the conflict of interest shall
refrain from attempting to influence the other members of the Council who are or will be
voting on the matter. The member excused from voting because of a conflict of interest shall
leave the meeting during the deliberations and the vote on the matter.
A member of the Council shall not use his or her official position to secure a special privilege,
exemption or service for himself or herself or for others, nor shall any member of the
Council seek or grant any special consideration, treatment or advantage to or for any citizen
beyond that which is generally available to every other citizen. This provision shall not be
interpreted to prohibit or hinder a member from presenting citizen concerns to the Council
or to City Staff and requesting a response to the citizen concern.
A member of the Council who, in the course of his or her private business, desires to enter
into a contract with the City, or who has such a contract at the time he or she takes office,
shall disclose such contract to the other members of the Council. The member shall not vote
on any contract in which he or she has a financial interest and shall not attempt to influence
the other members of the Council or the City Staff in the process of awarding the contract.
A member of the Council shall not take any special advantage of services or opportunities
for personal gain, by virtue of his or her public office, that are not available to the public
in general. Members shall refrain from accepting any benefit or promises of future benefits
which compromises their independence of judgment or action or gives the appearance of
such compromise.
A member of the Council shall not use public resources not available to the public in
general, such as City Staff time, equipment, supplies or facilities, for private gain or
personal purposes, except for privileges generally available or granted to employees of the
City.
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Employment. It is in the interest of the City of Fort Morgan to hire the most qualified
people to work at the City. Due to the potential conflict of interest that exists when a
Council member applies for an open position with the City, any councilmember that
intends to apply for an open position must resign his/her council seat at the next regular
meeting after an application is submitted. If an employee is elected to City Council, they
must resign their position with the City at the first regular meeting after they take office.
Rule 5 Roles and Responsibilities of the Mayor, Mayor Pro Tem, and all of the
Members of the Council
The Mayor of the City of Fort Morgan is:
Elected at large and shall reside in the City (Article II, Charter of the City of
Fort Morgan (2019));
A member of the Council and is required to vote on every motion, resolution
and ordinance that comes before the Council (Article III, Sec. 4, Charter of the
City of Fort Morgan (2019));
Required to sign all ordinances and resolutions within three days after their final
passage (Article III, Sec. 5, Charter of the City of Fort Morgan (2019));
Required, when present, to preside at all meetings of the Council (Article IV,
Sec. 1, Charter of the City of Fort Morgan (2019));
Recognized as the head of the City Government for all ceremonial and dignitary
purposes, by the courts for serving civil process, and by the state and federal
governments for purposes of military law. (Article IV, Sec 2(a), Charter of the
City of Fort Morgan (2019));
Empowered to administer oaths (Article IV, Sec. 2(c), Charter of the City of
Fort Morgan (2019));
Required to sign all warrants, contracts, bonds or other instruments requiring
the signature of the Mayor (Article IV, Sec. 2(b), Charter of the City of Fort
Morgan (2019));
Charged with such powers and as responsibilities as may be provided by
ordinance (Article IV, Sec. 2(e), Charter of the City of Fort Morgan (2019));
Authorized to make appointments to various boards and commissions, subject
to confirmation by the Council;
Empowered to call a Special Meeting of the Council (Sec. 2-14(b)(2), Fort
Morgan Municipal Code (2019));
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The designated representative of the Council to speak and correspond with
others on behalf of the Council concerning the official City position in matters
that have been considered by the Council;
Authorized to sign documents on behalf of the City;
Authorized to act as liaison between the Council and Council appointees.
The person who leads the Council in its governance of the City.
The Mayor Pro Tem of the City of Fort Morgan is:
A member of the Council elected at the first regular meeting after the
Organizational Meeting and thereafter when a vacancy in the office shall occur
(Article III, Sec. 2, Charter of the City of Fort Morgan (2019));
Empowered to act as Mayor and to exercise all the powers and responsibilities
of the Mayor during the absence of, or the inability of the Mayor to act (Article
IV, Sec. 3, Charter of the City of Fort Morgan (2019));
Authorized to chair Council meetings at the request of the Mayor.
All members of the Council have:
The right and the duty to vote on every motion, resolution or ordinance that
comes before the Council (Article III, Sec. 4, Charter of the City of Fort
Morgan (2019));
Equal powers in acting as a member of the Council and all should be treated
with equal respect;
The obligation to prepare in advance and be familiar with issues on the Agenda
in order to participate in any meeting of the Council;
The obligation to stay focused and to act efficiently during public meetings by
honoring the efforts by the Mayor to focus discussion on current Agenda items;
To make sure that informational materials provided to one member will be
provided to all members of the Council so that all have equal access to the same
informational materials;
The obligation to make no promises or commitments on behalf of the Council
or the City, either overtly or implicitly;
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Before sending correspondence, the obligation to check with the Mayor to
determine if an official City response has already been sent or is being prepared;
Unless directed to do so by the Council or unless compelled to do so by
operation of law, an obligation not to knowingly disclose information which he
or she knows or reasonably should know is confidential information, regardless
of the source of the information;
An obligation not to knowingly use or disclose any confidential information
gained in the course of or by reason of his or her official position and which has
not been made public in order to advance his or her financial interests or to
further the financial interests of any family member or any other purpose;
The obligation to serve as a model of leadership and civility to the community;
The obligation to inspire public confidence in Fort Morgan government by
demonstrating honesty and integrity in every action and statement.
Rule 6 Attendance
Charter Authority: The council “may compel the attendance of members.” (Article III,
Sec. 1, Charter of the City of Fort Morgan, (2019)).
Governance of the City requires that all of the elected or appointed members of the Council
attend all Regular Meetings of the Council in order to fulfill each member’s obligation to
the citizens of the City to fully participate in the process of government. The Council must
have a quorum to do business. Each member of the Council has an obligation to his or her
fellow members to be informed and attend the Regular Meetings of the Council. As a
courtesy and when time permits, a member shall notify the Mayor or the City Clerk that he
or she will not be able to attend a Meeting. The Council may determine whether an absence
is excused or unexcused based upon the information provided by the Mayor or City Clerk.
Unless otherwise determined by a vote of the Council, each absence shall be noted as
“excused” by the Clerk in the Minutes. Any member of the Council shall have the right at
the meeting at which the absence occurs to move for a determination that the absence is
“unexcused.” If such a motion is seconded, a roll call vote shall be taken and if a majority
votes in favor of the motion, the absence shall be noted by the Clerk as “unexcused” in
the Minutes. Repeated failures to attend Regular Meetings of the Council may be cause for
the Council to declare a vacancy in the office of the absent member.
Should the attendance of any member of the Council become an issue, the Council shall
first review the member’s history of attendance since becoming a member of the Council
based upon the records of the City Clerk. The Council may consider issues related to the
member’s physical or mental health, if appropriate. If a member of the Council is found to
have violated the provisions of this Rule because of the number of excused or unexcused
absences, or both, the Council may declare the member’s position vacant by resolution and
the affirmative vote of at least four (4) of the remaining members of the Council. If a
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vacancy is so declared, the Council shall appoint an eligible person to fill such vacancy in
accordance with the provisions of Sec. 3, Article II of the Charter.
Rule 7 Compliance and Enforcement
The Council may sanction any member whose conduct does not comply with these Rules
of Procedure. Sanctions may include a reprimand or a formal resolution of censure, which
shall identify the improper conduct and express Council’s disapproval of said conduct.
Declaration of a vacancy may result from a violation of Rule 6, Attendance.
If a violation of these Rules of Procedure is alleged to have occurred it shall be reported
to the Mayor, or to the Mayor Pro Tem if the member alleged to be in violation is the Mayor.
If deemed necessary by the Mayor, or the Mayor Pro Tem, he or she may request an outside
agency or special counsel to investigate the allegation(s), who shall report his or her
findings and make a recommendation to Council concerning the alleged violation. The
member shall have the opportunity to respond to the allegation during a public meeting or
in writing to other members of the Council. Thereafter, if there is a reasonable basis to
believe a violation has occurred, the matter may be placed on the Agenda for discussion at
a Regular Meeting.
At the Regular Meeting, the Council shall review the investigative report and the findings
of the investigator concerning the alleged violations(s). The member shall have the
opportunity to rebut the allegation(s) through his or her own statement, the testimony of
other witnesses or by the presentation of documentary evidence. The member may be
represented by legal counsel of his or her choice and at his or her own expense. Upon motion
made, seconded and passed by a majority vote of the other members of the Council, a
member may be sanctioned as herein provided. If the motion fails or a motion is passed
stating that there has been no violation of these Rules of Procedure, then the member shall
be deemed not to have been in violation of these Rules, and any attorney’s fees paid by the
member shall be reimbursed by the City.
A violation of these Rules of Procedure shall not be considered a basis for challenging the
validity of a Council decision or determination.
The City Clerk shall provide a copy of these Rules of Procedure to any person who may
request a petition of nomination for a position on the Council.
Rule 8 Amendments
These Rules of Procedure may be amended or new rules adopted by Resolution passed by
a majority vote of all members of the Council.
Rule 9 Effective Date and Term
These Rules of Procedure are hereby declared to be effective as of date of adoption, and
shall be in effect until such time as the Rules are rescinded, amended or new rules are
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adopted. Any rescission or amendment shall not change any of the requirements of the
Charter or Municipal Code, or State or Federal law.
Rule 10 Budget Process.
Council shall meet annually to adopt the budget of estimated amounts required to pay the
expenses of the City. (Article VI, Sec. 9, Charter of the City of Fort Morgan, (2019)). In
order to establish appropriate oversight of the expenditures of the public’s money each
member’s involvement in the process is important and essential. The proposed budget
process shall be determined by the City Manager, and he shall present a unitary budget to
the Council.
10a. Budget Calendar.
The City Manager shall present a budget calendar for Council’s consideration no later
than the first regular meeting in March. Council shall consider the proposed calendar,
and if it is acceptable action may be taken to adopt the calendar at that same meeting.
The calendar that is adopted by Council shall comply with all deadlines set in the
Charter and by the Council. The calendar shall also include proposed meeting dates for
budget presentations and deadlines for requesting additional information regarding the
budget.
10b. Budget Presentations.
The City Council shall determine what parts of the budget require clarification and
additional justification. If any part of the budget needs clarification, or if the Council
needs additional information, it shall direct the City Manager to prepare that
information for the entire Council. The deadlines for providing the information shall
be set by Council.
10c. Schedule of Fees.
City Council shall consider a proposed schedule of fees for all general fund services
that charge fees at the same time as the budget. This Schedule of Fees shall be submitted
to City Council at a time determined by the Manager in the Budget Calendar. Council,
at its discretion may request a written report from the City Manager on how the Fees
will impact the budget of the various departments.
Rule 11 Council’s Use of Technology
Councilmembers have been provided various technological tools by the City for the purpose
of increasing efficiency and communication. All Councilmembers should be aware of the
implications of the Colorado Open Records Act and Open Meetings Act, and should not
use technology in a way that would allow or propagate communication that should be held
in public and should not contain communication that is offensive, derogatory,
unprofessional, or violative of these rules or other laws. Councilmembers’ email and tablets
Rules of Procedure for the City Council
of the City of Fort Morgan, Colorado
Page 13
may be open to public inspection under the Colorado Open Records Act, to the extent
information on such devices concerns public business.
11a. Tablets Generally.
Tablets are property of the City. Councilmembers shall report any damage to tablets to
the I.T. Department as soon as possible so that an insurance claim or repairs can be
made. Councilmembers shall, as directed, return tablets to the I.T. Department for
service and/or repair as soon as possible. Should continual damage occur, the
responsible Councilmember shall be responsible for reimbursing City costs to repair.
At the end of a Councilmember’s term, the retirement of the technology, or upon
leaving office, Councilmembers have the option to purchase the tablet at the fair market
value of the product at that time.
11b. Use of Tablets.
Tablets are designated for official City business and should not be regularly used for
personal business. Councilmembers should also refrain from sending instant messages,
texting or sending emails during a Council meeting.
11c. Email.
All Councilmembers will be assigned a City of Fort Morgan email address and should
use this address for official City business and communications only. Councilmembers
should be careful not to implicate the Colorado Open Meetings law by sending or
“replying all” to multiple members of Council.
11d. Social Media
• Councilmembers must not reveal any confidential or privileged information about the
City, its constituents, its employees, or its contractors.
• Councilmembers should be honest and accurate when posting information or news,
and should quickly correct any mistakes, misstatements and/or factual errors in content
upon discovery. Councilmembers should not post or share information known to be
false, or a statement in general circulation without confirmation or certainty as to the
facts.
• Unless the Councilmember has been designated to serve as a spokesperson, a
Councilmember should never represent themselves as a spokesperson for the City
Council, a board or committee, the City Administration, or any City department.
• Councilmembers are expressly prohibited from using social media to engage in any
activity or conduct that violates federal, state, or local law. Councilmembers are
prohibited from deleting posts and related comments from third parties regarding any
City-related matters that are posted on any social media account maintained by the
Councilmember incident to his or her official position.
• Councilmembers are strongly encouraged to consider the potential impact of social
media statements prior to posting. The City strives to be professional in its operations
Rules of Procedure for the City Council
of the City of Fort Morgan, Colorado
Page 14
and processes.
II.RULES CONCERNING COUNCIL AND STAFF INTERACTION
Governance of a City relies on the cooperative efforts of elected officials, who set policy,
and City staff, who implement and administer the Council’s policies. Therefore, every effort
should be made to be cooperative and show mutual respect for the contributions made by
each individual for the good of the community.
(a) Treat all staff as professionals. Clear, honest communication that respects the
abilities, experience, and dignity of each individual is expected. As with Council
colleagues, practice civility and decorum in all interactions with City staff.
(b) Channel communications through the appropriate senior City staff. Questions
and requests for information should be directed only to the City Manager, City
Attorney, Municipal Judge, Chief of Police, Fire Chief or their designees. When in
doubt about what staff contact is appropriate, Councilmembers should ask the City
Manager or the affected appointed official for direction.
(c) Council requests for information from or research by staff. In order to assure
proper coordination of requests and an efficient allocation of City resources,
requests for information or research by City staff shall be categorized and handled
as follows:
(1) Routine requests for action or information, made directly to the City
Manager. For routine requests for action (i.e., reports of property nuisance
or safety concerns), Councilmembers should contact the City Manager’s
Office, with information about the request; the City Manager will determine
what follow-up is appropriate. This type of request can be forwarded to the
City Manager at any time without waiting for a formal referral at a Council
meeting.
(2) Significant requests requiring Council consensus.
(i) Requests for information or reports that may take more than one
hour to fulfill. Such requests should be presented as a formal request
at a Council meeting. The request shall be considered by the Council
as a whole, which shall decide whether the request is something that
merits an investment of staff time.
(ii) Policy or program modifications. Requests to research and analyze
the viability of new or modified legislation, policies, or
programming should be presented as a formal request at a Council
meeting and considered by the Council as a whole, which shall
Rules of Procedure for the City Council
of the City of Fort Morgan, Colorado
Page 15
decide whether the request is something that merits an investment
of staff time.
(d) Refrain from soliciting political support from staff. Refrain from soliciting any
type of political support (financial contributions, display of posters or lawn signs,
name on support list, etc.) from city staff at work. Staff certainly may, as any other
citizen, support political candidates away from the workplace. The City will
distribute campaign literature to City employees at work if it arrived by mail and
includes the employee’s department/division in the mailing address. The City as an
employer, however, prefers that personal mail for employees, including campaign
material, be sent to their home address.
(e) Do not get involved in administrative functions. Avoid any staff interactions that
may be construed as trying to shape staff recommendations.
(f) Do not attend meetings of staff unless authorized by the City Manager or the
Police Chief. Even if the Councilmember does not say anything, the
Councilmember’s presence may imply support, show partiality, intimidate staff, or
hamper staff’s ability to do its job objectively. For this reason, Councilmembers
shall contact the City Manager or the Police Chief in advance of a meeting that they
would like to attend, and receive authorization to do so.
(g) All Councilmembers should have the same information to make decisions.
Council may expect that staff will make every attempt to provide each member of
Council with the same information (i.e., requests made of staff for information will
be distributed to all; correspondence to one Councilmember will be distributed to
all).
(h) Whistleblower. In the event a Councilmember is approached by an employee with
concerns that there is an illegal activity, including the alleged violation of City
policy 1, the member shall direct that complaint to the Mayor. The Mayor will
provide the information to the appropriate appointed official for investigation. If
the complaint is made against an appointed official, then the Mayor shall determine
what action should be taken. Where the Mayor desires legal advice he or she should
use the City Attorney, or if the complaint is against the City Attorney, then he or
she has the authority to obtain outside legal counsel to assist with investigation and
advice.
(i) Members of the Council shall not attempt to individually direct the City Manager,
the Chief of Police, the Municipal Judge or the City Staff on employment matters,
awarding of contracts, selection of consultants, processing of development
applications, or the granting of City licenses or permits.
1 Violations of the personnel policy shall be enforced by the City Manager, or City Attorney.
Rules of Procedure for the City Council
of the City of Fort Morgan, Colorado
Page 16
III.RULES CONCERNING COUNCIL CONDUCT WITH BOARDS AND
COMMISSIONS
The City Council has established several Boards and Commissions as a means of gathering
more community input. People who serve on Boards and Commissions become more
involved in government and serve as advisers to the City Council. They are a valuable
resource to the City’s leadership and should be treated with appreciation and respect.
(a) Maintain an active liaison relationship. Appointed Council liaisons are
encouraged to attend all regularly scheduled meetings of their assigned Board or
Commission.
(b) Attending board meetings, generally. Councilmembers may certainly attend any
board or commission meeting, which are open to any member of the public.
Remember, however, that a Councilmember’s presence can affect the conduct of
the meeting and limit the board’s role and function.
1.Any comments made at a meeting of a board for which the Councilmember
is not an appointed liaison should be identified as the Councilmember’s
personal views or opinions and not the official position of the Council.
2.Since the attendance of three or more Councilmembers, or Board members,
constitutes a legal meeting, timely public notification must be prepared and
posted for all Board and Commission meetings.
(c) Limit contact with Board and Commission members to questions of
clarification. It is inappropriate for a Councilmember to contact a Board or
Commission member to lobby on behalf of an individual, business, or developer,
or to advocate a particular policy perspective. To clarify a position taken by a board,
Councilmembers should contact staff.
(d) Boards are advisory to the Council as a whole. The Council as a whole, and not
individually, appoints individuals to serve on boards and any removal of a board
member is also Council’s responsibility as a group. Appointments should be based
solely on established diversity goals and membership parameters. An appointment
should not be used as a political “reward.”
(e) Be respectful of diverse opinions. A primary role of the City’s boards is to
represent many points of view in the community and to provide Council with advice
based on a full spectrum of concerns and perspectives. Councilmembers must be
fair and respectful of all persons serving on boards.
(f) Keep political support away from public forums. Board members may offer
political support to a Councilmember but only in a forum outside the official duties
of the board. Conversely, Councilmembers may support board members who are
Rules of Procedure for the City Council
of the City of Fort Morgan, Colorado
Page 17
running for elected office but should refrain from doing so in the course of
performing official duties, or in any manner using public monies to do so.
(g) Concerns about an individual Board or Commission member should be
pursued with tact. Inappropriate behavior by a board member should be brought
to the attention of the Mayor by the Council representative or any member on that
board or commission. The Mayor shall contact the chairman of the board and they
shall determine what action should be taken to address the behavior. If the behavior
continues, the Chairman shall forward the matter to Council to consider whether
the member should be removed from the Board, pursuant to “h.” below.
(h) Procedure for appointing and removing members of Boards and
Commissions. Unless otherwise specified in state statutes all persons selected to
serve on a City Board and/or Commission shall be appointed as follows:
(1) The City Clerk shall cause notice of vacancy to be published to the public,
after he/she is notified of a vacancy by the director appointed to oversee the
Board or Commission. Notice and publication requesting applicants shall
be given by any means determined appropriate by the City Clerk. However,
publication must run at a minimum of two weeks.
(2) After the deadline to submit applications has passed, the Clerk shall forward
any applications to the Councilmember appointed to sit on the Board or
Commission. The Councilmember shall then review the applications with
the board or commission and make recommendations to City Council
through the City Clerk.
(3) The City Clerk shall then schedule consideration of the recommended
appointment for a regular council meeting for approval by the full Council.
Certified By:
City Clerk
Page 1 of 3
TO: Mayor Phillips, Town Council, and Town Manager Eric Heil
FROM: Town Attorney’s Office – Nina Williams and Betsy Stewart
RE: Potential Ordinance re: Removal of Council Members
DATE: May 14, 2024
SUMMARY: This memo and draft proposed Ordinance regarding Removal of Council Members will be
preliminary discussed at the May 28, 2024 Work Session regarding Rules of Procedure and Group
Expectations. Both were previously prepared by former Town Attorney Paul Wisor and edited by our office.
BACKGROUND: The removal of elected officials is a common concept in municipal government throughout
the country. Colorado law provides for the removal of elected officials and certain officers serving statutory
towns and cities. In the case of a statutory town, Trustees can remove for any reason or no reason following
a hearing. In statutory cities, any member of the city council may be expelled or removed from office, for
“good cause shown.”
EXISTING TOWN PROVISIONS: Avon’s Home Rule Charter and Municipal Code reference removal from
office for Council members, however, the process for removal has not been adopted by Council. Removal,
or “disqualification,” of Council members is addressed in the following Charter and Code sections:
•Charter Section 4.7 – Vacancies. This section establishes that a vacancy of a Council member
position occurs by resignation, recall, removal from office, incapacitation, death, failure of Town
residency, or conviction of felony. However, the Charter does not address how a Council member
is removed from office. [emphasis added]
•Municipal Code Chapter 2.30 – Code of Ethics. If a Council member is convicted in a criminal
action for violation of the Ethics Code they forfeit their position. However, Chapter 2.30 does not set
forth how the forfeiture process works, particularly if a Council member refuses to relinquish their
seat.
•Municipal Code Chapter 2.32 – Residency. If Council determines that one of its members has lost
their Avon residency, that member is disqualified from continuing to serve as a Council member.
However, Chapter 2.32 does not set forth how disqualification results in a removal from office.
•Municipal Code Chapter 2.34 – Related Employment. In 2015, Town Council adopted a Code
provision establishing that a Town Council member is disqualified if they have an employment
relationship with another Council member. Chapter 2.34 sets forth an evidentiary process that is
required before a disqualified member can be removed by motion of the Council.
GROUND FOR REMOVAL: In addition to the reasons contained in the Charter and the Code, many
municipalities establish other reasons for which a council member may be removed:
•Any reason or no reason;
•Good cause;
•Just cause;
•Physical disability;
•Mental disability;
•Corruption;
•Extortion;
•Incompetence;
•Malfeasance;
•Misfeasance;
EXHIBIT E1
Page 2 of 3
•Violation of the Code of Ethics;
•Unethical behavior;
•Disclosure of confidential information;
•Crimes of moral turpitude;
•Absence from Council meetings
ABSENCES: Removal for repeated absence is a common concept in many municipal codes and is discussed
in the Staff report containing this memo for the May 28, 2024 Work Session. However, the standards vary
greatly as municipalities have different approaches to the number of unexcused absences and the timeframe
in which such absences must occur before removal is required. Some examples include:
•50% of meetings in one year;
•40% of meetings in four months;
•Four meetings in three months;
•30% of meetings in four months;
•Three consecutive meetings;
•50% of meetings in six months.
As shown above, there is no hard and fast rule as to the appropriate standard.
PROCEDURE FOR REMOVAL: While a handful of municipalities refer removal of Council members to the
judiciary, most municipal codes require Council to provide a written statement outlining the ground(s) for
removal to the Council member to be removed. The Council member is then entitled to a hearing conducted
by fellow Council members. After this hearing, which is usually couched in terms of a quasi-judicial hearing,
the Council members not effected vote on the removal. The threshold for removal varies from a majority, to
2/3rds, 3/4ths or a unanimous vote of those eligible to vote.
PROPOSED ORDINANCE: The attached draft Ordinance establishes a removal process for a wide range
of actions that may give rise to removal proceedings and incorporates concepts already found in the Charter
and Code and concepts found in other municipal codes.
The draft Ordinance establishes that a Council member may be removed for the following reasons:
•Unexcused absences from fifty percent (50%) or more of Town Council meetings or work sessions
held within any period of four (4) consecutive months;
•Willful or habitual neglect or refusal to perform the duties of his or her office
•A conviction of a crime of moral turpitude.
•Forfeiture of or disqualification from office pursuant to Chapter 2.30, 2.32, or 2.34, discussed above.
It should be noted the second item, “willful or habitual neglect or refusal to perform the duties of his or her
office” is open to interpretation. Council should consider whether it wants flexibility to address instances that
are not foreseeable at this time.
This draft Ordinance ties the definition “crime of moral turpitude” to statutory provisions within the Colorado
criminal code that address crimes such as (1) any assault, menacing, or unlawful sexual behavior; (2) any
arson, theft, trespass, or criminal mischief; (3) wrongs to children, harboring a minor or domestic violence;
and (4) prostitution, indecent exposure, and criminal invasion of privacy.
Page 3 of 3
Finally, the draft Ordinance establishes that the removal process may only take place after a majority vote of
Council. After a majority vote of Council, written charges are provided to the Council member subject to
removal. A hearing will be held at which the Council member will be entitled to legal counsel and a special
counsel will be appointed to conduct the hearing and present evidence. A vote of 2/3rd of Council in
attendance at the hearing to remove is required to remove a Council member. The Council member who is
the subject of potential removal is not permitted to vote.
FINANCIAL CONSIDERATIONS: This draft Ordinance should not create any immediate financial obligation
to the Town. However, conducting a removal hearing may result in increased legal costs.
POLICY OPTIONS: Council may consider the following options in adopting procedures for Council removal:
•The number of absences that create grounds for removal
•Whether a Council member who is removed shall be precluded from serving on Council ever again
(or until the next term, or for a defined period of years?)
Thank you,
_______________________
Nina P. Williams
Town Attorney
_______________________
Betsy L. Stewart
Assistant Town Attorney
ATTACHMENT E2: Draft Ordinance re Removal
Ord 24-XX - Enactment of Chapter 2.05 – Removal of Council Members [DRAFT]
ORDINANCE NO. 24-__
ENACTING CHAPTER 2.05 OF THE AVON MUNICIPAL CODE REGARDING
REMOVAL OF COUNCIL MEMBERS
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, C.R.S. §31-4-307 establishes that officers of a statutory town may be removed by a
majority vote of all members of the Board of Trustees for any reason after a written charge has been
filed with the Board of Trustees and an opportunity to be heard has been provided to the officer to
be removed; and
WHEREAS, certain provisions of the Town’s Home Rule Charter (the “Charter”) or the Town’s
Municipal Code (the “Code”) indicate that a Council member may be disqualified from office, but
not all such provisions clearly articulate the process by which such Council members may removed
from office; and
WHEREAS, the neither the Charter nor the Code address the removal of Council members; and
WHEREAS, pursuant to Section 4.9 of the Charter, members of Council are entrusted with the
responsibility to carry out all the governing functions of the Town on behalf of the Avon community;
and
WHEREAS, Town Council members should be held to certain standards while holding office,
including consistent attendance of meetings, abstaining from committing crimes of moral turpitude,
and performance of the duties assigned to Town Council members; 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.
EXHIBIT E2
Ord 24-XX - Enactment of Chapter 2.05 – Removal of Council Members [DRAFT]
Section 2. Addition of Chapter 2.05 to Title 2 of the Avon Municipal Code. Chapter 2.05,
“Removal of Council Members” is added to Title 2, “Administration and Personnel,” of the Avon
Municipal Code to read as set forth in Exhibit A: Addition of Chapter 2.05 to Title 2 of the Avon
Municipal Code, attached hereto.
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. 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 7. 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.
Ord 24-XX - Enactment of Chapter 2.05 – Removal of Council Members [DRAFT]
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on [Month] [Date], 2024 and setting such public hearing
for [Month] [Date], 2024 at the Council Chambers of the Avon Municipal Building, located at
One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on [Month]
[Date], 2024.
BY: ATTEST:
____________________________ ___________________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
Ord 24-XX - Enactment of Chapter 2.05 – Removal of Council Members [DRAFT]
EXHIBIT A
ADDITION OF CHAPTER 2.05 TO TITLE 2 OF THE AVON MUNICIPAL CODE
CHAPTER 2.05 - REMOVAL OF COUNCIL MEMBERS
Section 2.05.010 Definitions.
Section 2.05.020 Cause for Removal.
Section 2.05.030 Procedures.
Section 2.05.040 Removal.
Section 2.05.050 Vacancy.
2.05.010 Definitions.
(a) “Conviction” shall mean:
(1) A guilty verdict;
(2) A plea of guilty accepted by the court or the entry of a guilty plea;
(3) A plea of nolo contendere (no contest) accepted by the court; or
(4) The imposition of a deferred sentence accepted by the court.
(b) “Crimes of moral turpitude” include the following felony, misdemeanors or municipal
offenses:
(1) Any of the offenses against the person set forth in 18-3-101, et. seq. C.R.S.;
(2) Any of the offenses against property set forth in 18-4-101, et. seq. C.R.S.
(3) Any of the offenses involving fraud set forth in 18-5-101, et. seq. C.R.S.;
(4) Any of the offenses involving the family relations set forth in 18-6-401, et. seq. C.R.S.;
(5) Any of the offenses constituting wrongs to at-risk adults set forth in 18-6.5-101, et. seq.
C.R.S.;
(6) Any of the offenses relating to morals set forth in 18-7-101, et. seq. C.R.S.; or
(7) Any conspiracy, solicitation, or criminal attempt to commit any of the above offenses, or
participation as an accessory to any of the above offenses.
2.05.20 Cause for removal.
(a) The following enumerated matters shall be the reasons for removal of a Council member from
the Council:
(1) Unexcused absences from fifty percent (50%) or more of Council meetings or work
sessions held within any period of four (4) consecutive months;
(2) Willful or habitual neglect or refusal to perform the duties of his or her office;
(3) A conviction of a crime of moral turpitude; or
(4) Forfeiture of, or disqualification from, office pursuant to Chapters 2.30, 2.32, or 2.34.
Ord 24-XX - Enactment of Chapter 2.05 – Removal of Council Members [DRAFT]
2.05.30 Procedure.
(a) A charge for removal shall be brought against a Council member by at least four Council
members;
(b) The charged Council member shall be provided written notice of the charge(s) and the date,
time, and place of the hearing on said charge(s), with at least ten (10) days prior notice of the
hearing, which shall be publicly held before Council;
(c) Council shall appoint special counsel to conduct the hearing and present evidence on its behalf;
(d) The hearing shall be conducted in a quasi-judicial forum. The allegations shall be presented
on behalf of the Town of Avon by and through special counsel selected by the Town of Avon
through its Town Council; and
(e) At the hearing, which shall be open to the public, the parties shall have the right to:
(1) Present testimony;
(2) Produce evidence;
(3) Cross-examine witnesses; and
(4) Be represented by legal counsel.
2.05.040 Removal.
(a) Council shall have the power to remove its members from office for cause upon a vote of
not less than five (5) members of Council.
(b) A Council member who is the subject of the removal charge(s) shall not vote on the question
of removal.
(c) A Council member who is not removed by Council after conducting a hearing shall not be
subject to removal in a future hearing based on identical charges arising out of the same
incident that forms the basis of the charge from which they were not removed.
(d) An individual removed from their seat on Council shall be precluded from serving on
Council in the future.
2.05.050 Vacancy.
(a) A vacancy created on Council due to removal of a Council member shall be filled as
provided by Town Charter.
(b) A Council member may not be removed a second time for the same offense.
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager
RE: Res 24-16 Supporting DOLA Grant
DATE: May 24, 2024
SUMMARY: Resolution 24-16 Supporting a Grant Application to the Department of Local Affairs is presented to
Council. This grant application seeks funds to support a focused effort to explore a potential regional housing
authority and develop consensus where possible. This planning project could be considered a Phase 2 follow-up to
the pending Eagle County Housing Action Plan. The grant application is to the Local Planning Capacity Program
under the Proposition 123 Program. The Town of Avon, Eagle County, Vail and other communities have all signed
up for the Proposition 123 state funding for local workforce housing. This Local Planning Capacity Program is
intended to support local capacity for workforce housing programs.
BUDGET: The grant application is for $200,000. Eagle County has agreed to split the 20% local match so Eagle
County and Town of Avon would each contribute $20,000 for a total project budget of $240,000. This project is
anticipated to really begin in either late 2024 or early 2025. The Town of Avon’s matching funds can be appropriated
from the Community Housing Fund.
PARTNERS: Eagle County and the six municipalities in the Eagle River Valley have been contacted and asked to
support this grant application. At the time of writing this report Eagle County, Minturn and Red Cliff have all provided
letters of support. The other communities may not be able to provide a letter of support by the June 3rd grant
application deadline due to their internal policies on approving such letters.
PROJECT TASKS: The primary purpose of the project is to bring in a 3rd party community facilitator that can attend
and support multiple meetings with each of the towns, the county, the numerous metropolitan districts and other
stakeholders. The identified tasks include compiling information on existing housing authorities in Eagle County and
information on activities, budget and funding sources for other housing authorities, analyze and develop models for
potential new dedicated revenue sources, conduct stakeholder outreach, develop models of a potential regional
housing authority regard to budget, staffing and identified activities, and conduct voter polling on potential revenue
ballot questions.
RECOMMENDATION: I recommend approving Resolution 24-16 in order to provide state resources to continue our
regional housing discussions and specifically to facilitate the discussion of a regional housing authority. This Phase 2
grant would be ready to start promptly after the completion of the Regional Housing Needs Assessment. There is
funding right now that available and the Town of Avon, Eagle County and others have already made the pledge to
develop 9% more workforce housing over the next three years, so there is value to moving forward with the current
momentum.
OPTION: An option is to wait until the Regional Housing Needs Assessment is completed and then consider next
steps. The timing of grant cycles, grant application review, state contracting, and conducting a request for proposal
process is approximately 6 months.
PROPOSED MOTION: “I move to approve Resolution number 24-16 Supporting a Grant Application to the
Department of Local Affairs”
Thank you, Eric
ATTACHMENT A: Resolution 24-16
Res 24-16 Supporting a Grant Application to Department of Local Affairs
May 24, 2024
Page 1 of 1
RESOLUTION 24-16
SUPPORTING A GRANT APPLICATION TO
DEPARTMENT OF LOCAL AFFAIRS
WHEREAS, the Town of Avon is a home rule municipal corporation located in the County of
Eagle and the State of Colorado;
WHEREAS, the Town of Avon’s number one priority is the provision of affordable and
workforce housing, and the Town of Avon has committed to increasing affordable housing under
the State of Colorado’s Proposition 123 Program, and is therefore an eligible applicant for the
Local Planning Capacity Program; and
WHEREAS, the Town of Avon has submitted a Grant Application for the Eagle County
Regional Housing Authority Planning Project requesting a total award of $200,000 with a local
match of $20,000 from the Town of Avon and $20,000 from Eagle County which is intended to
support regional planning efforts to increase the capacity to develop workforce housing in the
Eagle River Valley.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON THAT the Avon Town Council supports the grant application for the Eagle County
Regional Authority Planning Project; authorizes the expenditure of funds necessary to meet the
terms and obligations of the grant award with Department of Local Affairs; and, authorizes the
Town Manager to sign and execute a grant agreement with the Department of Local Affairs.
ADOPTED May 28, 2024 by the AVON TOWN COUNCIL
By: Attest:___________________________
Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT A: Resolution 24-16
970-748-4118 gpadilla@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Gary Padilla, Operations Manager
RE: Wildland Fire Mitigation IGA
DATE: May 20, 2024
SUMMARY: The 2024 Wildland Fire Mitigation IGA is presented for Council consideration. The Town of
Avon has partnered with Eagle River Fire Protection District to conduct wildland fire mitigation for the
Wildridge, Wildwood and Mountain Star neighborhood for several years. Eagle River Fire Protection
District is able to leverage the Town’s contribution to secure additional grant funding and thereby
accomplish even more wildfire mitigation than the Town of Avon’s contribution would support.
The Mayor is asked to sign the attached Intergovernmental Agreement (IGA) between the Town of Avon
and Eagle River Fire Protection District for providing Wildland Fire Mitigation. The IGA will provide $80,000
in funding for wildland fire mitigation, which is the same contribution as in 2023.
BACKGROUND: The Town of Avon and Eagle River Fire Protection District worked collectively to design
and implement fuel breaks for our Wildridge Residents to reduce the risk of catastrophic wildfires. In
collaboration with ERFPD, the following fire mitigation efforts have been implemented:
• 2019
o 12 acres of fuel breaks were placed on Longsun Lane, O’neal Spur, Fox Lane and Beaver
Creek Point.
• 2020
o 36 large piles of debris from 2019 were burnt.
• 2022
o Fuel breaks were placed in Buck Creek, June Creek drainage and Beaver Creek Point
o The Town of Avon paid $40,000 and the ERFPD paid $12,500 using Eagle Valley Wildland
funds, in addition, Town of Avon contributed an additional $20,000 which paid for staff time
in Wildridge, and operational costs accrued to burn piles.
o For these efforts ERFPD successfully gained approval from the National Fire Protection
Association for Wildridge to become a FireWise Community
• 2023
Funding
o The Town of Avon contributed $80,000 to the Wildland Fire Program
o Wildland Fire program received a grant for $243,500 from the Colorado State Forest
Service. The grant monies have been utilized to cover the following hill side areas:
Cordillera Valley Club to Mountain Star on the North side of I-70
o Other contributions were made by Berry Creek Metro, Eagle County, and federal partners
in the total amount of $100,750.
o The work completed was focused on protecting the Metcalf evacuation route.
o A vegetation study on the West Avon Preserve was funded by ERFPD and EVW to better
understand the Mountain Penstemon and the treatment effects which cost $6000.
o The Town of Avon contributed $80,000 for mitigation efforts, this contribution will also
assist in getting funding from the United States Forest Service (USFS).
From 2019 to 2023, the Operations team has picked up approximately 270 yards of branches and tree
stumps from residents of Wildridge and Wildwood. The Town of Avon will work closely with ERFPD with the
monthly chipping operations to help promote and create awareness from a general marketing perspective
and a sustainability standpoint.
`
Page 2 of 2
PROPOSED MOTION: “I move to approve the Intergovernmental Agreement between Eagle River
Fire Protection District and Town of Avon”
Thank you, Gary
ATTACHMENT A: Intergovernmental Agreement
Intergovernmental Agreement Between
Eagle River Fire Protection District and Town of Avon
THIS AGREEMENT is made and entered into on May 28, 2024, by and between the Eagle River Fire
Protection District (“Fire District”) and the Town of Avon (“Avon”) (collectively, the “Parties”).
Agreement
Avon will provide $80,000.00 (the “Avon Contribution”) to Eagle River Fire Protection District to support
wildland fire mitigation in 2024, as described herein, within and in the areas immediately surrounding
Avon’s boundaries (the “Avon Area”).
Eagle River Fire Protection District, by and through Eagle Valley Wildland 1 shall use the Avon Contribution
only for the direct costs to support wildfire mitigation efforts in the Avon Area, including salary costs for
Eagle Valley Wildland staff. Eagle Valley Wildland will take on all contractual needs, management, and
oversight of the projects performed in the Avon Area during the 2024 calendar year.
Eagle Valley Wildland will coordinate with Avon on all project locations, timing, and scope. Eagle Valley
Wildland will identify a designated staff contact and provide such information to Avon no later than May
30, 2024.
On a yearly basis, and at Avon’s town council meeting, Eagle Valley Wildland will provide Avon with
financial reports and a financial report summary together with a description of the expenditures and uses
to-date of the Avon Contribution and including a description and ongoing and completed projects.
Avon will pay the Avon Contribution to Eagle River Fire Protection District on or before June 1, 2024.
Eagle River Fire Protection, the fiscal agent for the Eagle Valley Wildland program, will handle all the
invoice needs for the ongoing and completed projects. Eagle River Fire Protection District will deliver the
Avon Contribution (or any portion thereof) to Eagle Valley Wildland for expenditure as described herein.
If, as of December 31, 2024, any portion of the Avon Contribution has not been expended, the balance
shall be returned to Avon will a final accounting therefore no later than January 31, 2025.
The parties do not intend hereby to create a multiple-fiscal year direct or indirect debt or other financial
obligation whatsoever. The performance of those obligations of Avon and the Fire District hereunder
requiring budgeting and appropriation of funds are subject to annual budgeting and appropriations.
Nothing in this Agreement or in any actions taken by the Parties pursuant to this Agreement shall be
deemed a waiver of either party’s sovereign immunity under the Colorado Governmental Immunity Act,
Sections 24-10-101, et seq., C.R.S., as amended from time to time. The Parties enter into this Agreement
as separate, independent governmental entities and shall maintain such status throughout the term of this
Agreement.
1 Eagle Valley Wildland is a combined effort for wildland support and mitigation between Eagle
County, Gypsum Fire Protection District, Greater Eagle Fire Protection District, & Eagle River
Fire Protection District.
ATTACHMENT A: ERFPD IGA Wildland Mitigation
This Agreement is intended to benefit only the parties hereto, and no other person or entity is intended by
the parties to be a third-party beneficiary of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year
first written above.
Eagle River Fire Protection District The Town of Avon
By: General Manager & Fire Chief By: Mayor
Printed Name: Karl Bauer Printed Name: Amy Phillips
Signature: Signature:
Title: General Manager & Fire Chief Title: Mayor
Date: Date:
ATTACHMENT A: ERFPD IGA Wildland Mitigation
Appendix A- Maps
Yellow areas are proposed 2024 treatment areas. Contract estimates are $169,750
Green areas are completed
ATTACHMENT A: ERFPD IGA Wildland Mitigation
ATTACHMENT A: ERFPD IGA Wildland Mitigation
AVON REGULAR MEETING MINUTES
TUESDAY MAY 14, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually, using
Zoom.us. Mayor Amy Phillips called the May 14, 2024, Liquor Authority meeting to order at 5:00
p.m. and the Council regular meeting to order at 5:27 p.m. A roll call was taken, and Councilors
present were Rich Carroll, Lindsay Hardy, Mayor Pro Tem Tamra Underwood, and Mayor
Phillips. Councilors Chico Thuon, RJ Andrade, and Ruth Stanley were absent. Also present in
person were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Ms. Erica
Romberg in representation of Town Attorney Nina P. Williams, Chief Administrative Officer
Ineke de Jong, Avon Police Chief Greg Daly, CASE Manager Danita Dempsey, Community
Development Director Matt Pielsticker, Public Works Director Eva Wilson, and Deputy Town
Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:27:35
Mayor Phillips initiated the meeting with the Agenda approval process. She added item 5.0 to
show the 2024 State of the Town video. Mayor Pro Tem Underwood asked to not consider item
5.6 Ordinance 24-09 as a Public Hearing on First Reading since it was labeled as such on the
Council memo but not on the Agenda.
Councilor Thuon joined the meeting in person at 5:29 p.m.
Councilor Hardy made a motion to approve the Agenda as amended. Mayor Pro Tem
Underwood seconded the motion. It was approved unanimously with a 5-0 vote.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:29:32
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none
were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:29:45
Mayor Phillips explained that public comment can be made by participating in the meeting in
person, via zoom’s video/audio, via telephone, or via email. She then clarified that the public
comment section is intended for items not listed in the Agenda, and participation by members
of the public is limited to 3 minutes. She asked if there was any public comment from those
present in the room or virtually.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 14, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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Keith Klesner, Eagle Resident, introduced himself and said he is running for re-election for Holy
Cross Energy Board. He briefly talked about the progress they have made in the last 3 years
since he has been on the Board. He reminded everyone to vote and asked for another vote to
be re-elected for one more term. He mentioned the ballots will be arriving any day now and
the Online voting is already open. He closed his comment by thanking Council for Avon’s
collaboration and he announced that the annual meeting will take place at 4 Eagle Ranch on
June 6th. To RSVP, please visit HolyCross.com.
Sarah Smith Hymes, Avon Resident, encouraged everyone to vote at the Holy Cross Energy
Board Election in June. She provided an update on the Eagle County Commissioner race, two
Democratic candidates have made it to the June primary ballot. She explained ballots will be
mailed on June 3, according to their affiliated/unaffiliated party, and asked to please vote.
Lastly, she mentioned she visited the waste hauler recycling plant in Denver and expressed
recycling is definitely not a scam. She said that there are end-markets for the products that are
recycled, and the hauler has made a profit on recycled materials 59 out of 60 months in the last
5 years.
5. BUSINESS ITEMS
5.0. ADDED ITEM: 2024 STATE OF THE TOWN VIDEO
Video Start Time: 00:36:51
Marketing and Communications Manager Liz Wood presented the 2024 State of the Town
video. She expressed this year the format is different from other years, as it includes not
only the accomplishments of the prior year but also some of the priorities that Council has
set for Staff in the following year. She mentioned this video available at the Avon.org
website's homepage and it will be also played on High Five Access Media. Council thanked
Liz Wood for the great video.
5.1. PRESENTATION: SALUTE TO THE USA AWARDED BEST PUBLIC EVENT, FAIR OR FESTIVAL OF 2023 (TOWN
MANAGER ERIC HEIL)
Video Start Time: 00:43:00
Town Manager Eric Heil introduced a presentation on the Town’s signature event Salute
to the USA, which has been awarded the ICON Award for Best Public Event, Fair or Festival
of 2023. Stephen Ridgway with Kaleidoscope Productions, Culture, Arts & Special Events
Manager Danita Dempsey, and Special Events Coordinator Chelsea Van Winkle were
present. Councilor Carroll, per Councilor Stanley’s request, asked for a standing ovation
for Danita Dempsey and her Special Events team, and volunteers for all their time and
great efforts every year. Danita Dempsey thanked other Departments for their
cooperation and Council for the directions given to make this event successful. Council
took a photo with the team.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 14, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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Town Manager Eric Heil then presented Danita Dempsey with the Vail Valley Partnership
‘s LEAD Eagle Certification. He said the LEAD Eagle Certification (Leadership Education and
Development) is awarded to individuals in Eagle County who show a commitment to their
leadership journey by completing the four courses (56 hours of training) on the LEAD Eagle
Pathway, and Danita Dempsey is the first person to graduate and receive this certification
in Eagle County.
5.2. FIRE MITIGATION & FIRE EVACUATION DRILL UPDATES, TOWN OF AVON WILDLAND FIRE PREPAREDNESS
MONTH PROCLAMATION AND EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS JOINT RESOLUTION
PROCLAIMING MAY 2024 AS WILDFIRE PREPAREDNESS MONTH (CHIEF OF POLICE GREG DALY AND FIRE
CHIEF KARL BAUER)
Video Start Time: 00:51:17
Police Chief Greg Daly introduced the annual evacuation exercise, which will take place on
May 24th and is in collaboration with various governmental entities, including Eagle County
Government, Eagle River Fire Protection District, Eagle County Wildfire Collaborative, and
Eagle Valley Wildland. Deputy Chief Coby Cosper then took Council through a presentation
on the evacuation drill exercise details and answered Council question.
Councilor Thuon asked if there is a phone number people can call to ask for evacuation
updates when they are not present. DC Cosper informed there is an evacuation shelter and
an evacuation center to provide/document information, plus the regular informative
resources such as EC Alerts and social media. Councilor Carroll read a comment from
Councilor Stanley, expressing that she likes the ReachWell App.
Division Fire Chief Hugh Fairfield-Smith gave a recap on the 2023 funds and contributions
and talked about the initiatives that the Eagle River Fire Protection District has for 2024,
including a Chipping Program that facilitates free curbside pickup of tree branches.
Mayor Phillips mentioned there are two Proclamations included in the packet, one for the
Town of Avon and another one for Eagle County. Mayor Pro Tem Underwood moved to
support both Proclamations, declaring May 2024 as Wildfire Preparedness Month.
Councilor Hardy seconded the motion. It was approved unanimously with a 5-0 vote.
5.3. WORK SESSION: PRIMARY RESIDENCE REAL ESTATE TRANSFER TAX (RETT) EXEMPTION REVIEW (FINANCE
MANAGER JOEL MCCRACKEN AND FINANCIAL ANALYST CHASE SIMMONS)
Video Start Time: 01:16:46
Financial Analyst Chase Simmons delivered his presentation on Primary Residence RETT
Exemptions. Council discussed different issues, including percentages and analysis.
Councilor Carroll expressed the numbers seem low and asked to have a consistent
methodology on how these exemptions are determined.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 14, 2024
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He suggested revisiting these exemptions at least every two years and supported bringing
back an ordinance for Council consideration. Councilor Thuon supported the increase.
Mayor Pro Tem Underwood also agreed with the numbers. She asked to move forward
with these numbers and requested to the Town Attorney to present a review/update every
even year as part of the Finance Department’s goals. Councilor Hardy and Mayor Phillips
showed support as well.
Mayor Phillips asked to move forward and start tracking records for this and for the
Community Housing, to better understand how the amount of taxes waved is being
collected in comparison to how the overall transfer taxes are increasing.
As this was a work session, no action was taken by Council other than giving staff feedback
and direction, as requested.
5.4. WORK SESSION: COMPREHENSIVE COMMUNITY HOUSING UPDATE (TOWN MANAGER ERIC HEIL AND
HOUSING PLANNER PATTI LIERMANN)
Video Start Time: 01:35:19
Housing Planner Patti Liermann presented the different community housing programs and
the steps for community housing development and pilot partnership programs with the
County.
All Councilors present expressed support to proceed with approximately $12,000-$15,000
of design work for Avondale Apartments in order to submit an application for design
review to the Village Design Review Board.
Councilor Thuon, Councilor Hardy, and Councilor Carroll supported preparing a draft
Request for Proposal for Council review of the Slopeside property. Mayor Pro Tem
Underwood did not support, and she explained she would like to have an RFP for the
Wildwood Anex and the East Avon Preserve as she thinks these should be actively pursued.
Mayor Phillips was in favor of moving forward, with a strong emphasis on partnerships.
She then supported having an RFP for Wildwood too. Town Manager Eric Heil said he does
not foresee East Avon Preserve moving forward in the next several years because it
requires construction of a water storage tank.
All Councilors present expressed full support for the two pilot partnership programs with
Eagle County Housing & Development Authority to increase the Good Deeds buy-down
program and to extend Mi Casa Avon to Eagle-Vail. Councilor Carroll asked how often the
$850,000 maximum purchase price is updated.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 14, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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Patti Liermann said that it is the deed restriction cap, and if at some point the county
changes that, then the program would be readapted. Meghan Scallen, with the Eagle
County Housing & Development Authority, was present in person, and said there is a good
possibility to raise that amount, probably in the $1,200,000 break to keep up with the
housing market trends. Mayor Phillips closed this section saying Mi Casa Avon at Eagle-Vail
would be a better descriptor.
As this was a work session, no action was taken by Council other than giving staff feedback
and direction, as requested.
5.5. RESOLUTION 24-10: ADOPTING TOWN OF AVON EMPLOYEE HOUSING PLAN SUPPLEMENT (TOWN MANAGER
ERIC HEIL AND HOUSING PLANNER PATTI LIERMANN)
Video Start Time: 02:29:00
Housing Planner Patti Liermann presented the Town of Avon Employee Housing Plan,
including a summary of needs, goals, and strategies for ownership opportunities for Town
of Avon employees in 5-20 years. Town Manager Eric Heil mentioned it would be a fair
selection process, with a minimum of 1 year of full-time employment at Town of Avon for
eligibility and resale to Town employees via seniority ranking for full time employees.
Mayor Pro Tem Underwood pointed to add the word “Municipal” throughout.
Mayor Phillips called for public comments in person or virtually and no public comments
were made.
After deliberations, Mayor Pro Tem Underwood made a motion to approve Resolution 24-
10 Adopting the Town of Avon Employee Housing Plan and direct staff to implement the
Municipal Employee Homeownership Opportunity Program (EHOP) as presented.
Councilor Hardy seconded the motion. It was approved unanimously with a 5-0 vote.
5.6. FIRST READING ORDINANCE 24-09: REZ24001; REZONING OF THE EAST AVON PRESERVE TO COMMUNITY
HOUSING (PLANNING MANAGER JENA SKINNER)
Video Start Time: 02:53:14
Planning Manager Jena Skinner explained this public notice was published twice as a public
hearing and labeled in the Council memo as such, but not on the agenda. There were
several questions from Council, which staff responded. Mayor Pro Tem Underwood said
because this is a very important piece of land and asset to build community housing, the
Town needs to move forward expeditiously and be actively working on developing this lot.
She mentioned she does not want to open a public hearing at this moment and requested
to do a field trip. She asked to invite the Engineering Department of Water and Sanitation
to talk about the water service.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 14, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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Staff will schedule a 4:00 p.m. site visit for one of the next council meetings and re-
schedule the public hearing for first reading.
5.7. WORK SESSION: CAPITAL IMPROVEMENT PLAN PROGRAM UPDATES ON DESIGN & CONSTRUCTION (PUBLIC
WORKS DIRECTOR EVA WILSON)
Video Start Time: 03:21:07
Public Works Director Eva Wilson took Council through the CIP update presentation and
answered Council questions. She briefly talked about some of the facilities, parks, streets
and parking, drainage, and utilities projects. She mentioned there are currently 78
projects, and 9 of them are funded with grants.
Councilor Thuon asked to please check to the South of the 3000 block on Wildridge Road,
as he has noticed the ditch has eroded.
As this was a work session, no action was taken by Council other than giving staff feedback
and direction, as requested.
6. CONSENT AGENDA
6.1. APPROVAL OF THE APRIL 23, 2024, REGULAR COUNCIL MEETING MINUTES (TOWN CLERK MIGUEL JAUREGUI
CASANUEVA)
Video Start Time: 03:59:00
Councilor Thuon moved to approve the Consent Agenda. Councilor Hardy seconded
the motion. They were approved with a 4-0 vote, with Mayor Pro Tem Underwood
abstaining from voting based on her absence at that Council Meeting.
7. WRITTEN REPORTS
7.1. April 22nd Planning and Zoning Commission Abstract (Planner II Max Morgan)
7.2. Upper Eagle Regional Water Authority April 4, 2024 Meeting Summary (Mayor Pro Tem
Tamra Underwood)
7.3. Food Truck Permit Update (Special Events Coordinator Chelsea Van Winkle)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:59:41
Mayor Phillips reported that the Eagle Valley Transit Authority free transit starts this
coming Sunday the 19th, and some of the board members will ride the bus around noon in
costumes to go have lunch in Vail at La Cantina; she invited everyone to join.
Councilor Thuon requested to say a silent prayer for the young community member we
lost in recent weeks, Jackson Davis from Gypsum and for John Dinmore, whose Memorial
AVON REGULAR MEETING MINUTES
TUESDAY MAY 14, 2024
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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was celebrated last Sunday.
Mayor Pro Tem Underwood reminded Council there is a special meeting for the Town
Manager evaluation next Tuesday May 21st.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the
regular meeting. The time was 09:02 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended
to be comprehensive or to include each statement, person speaking or to portray with
complete accuracy. The most accurate records of the meeting are the audio of the meeting,
which is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
________________________________
Brenda Torres, Deputy Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
Tamra Underwood
Ruth Stanley
Lindsay Hardy
RJ Andrade
Rich Carroll
Chico Thuon
_______________________________________________________________________________
AVON PLANNING & ZONING COMMISSION
MEETING ABSTRACT
MONDAY, MAY 13, 2024
100 MIKAELA WAY – AVON COUNCIL CHAMBERS
1.CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
MEETING COMMENCED AT 5:30PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS KEVIN HYATT, BILL
GLANER, OLIVIA COOK AND NEW COMMISSIONERS NICOLE MURAD AND BRIAN SIPES WERE PRESENT. ALSO
PRESENT WERE TOWN MANAGER ERIC HEIL, COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP,
PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, AND DEVELOPMENT COORDINATOR, EMILY
BLOCK.
PROPERTY AND BUSINESS OWNERS, MARISA AND MERRILL LAHMAN REPRESENTING WALKIN’ THE DOG WERE
PRESENT AS APPLICANTS FOR SRU24001. PROFESSIONAL ARCHITECT BOBBY LADD, AND DEVELOPER SEAN
REYNOLDS WERE PRESENT AS APPLICANTS FOR PUD24002, MJR24003, AEC24002, PUD24001, MJR24002, &
AEC24001.
COMMISSIONERS BRAD CHRISTIANSON AND ANTHONY SEKINGER WERE NOT IN ATTENDANCE. KEVIN HYATT SERVED
AS PZC CHAIRPERSON, IN COMMISSIONER SEKINGER’S ABSENCE.
2.SWEARING IN OF NEW COMMISSION MEMBERS
ACTION: NEW COMMISSIONERS NICOLE MURAD AND BRIAN SIPES WERE SWORN IN BY DEPUTY TOWN CLERK
BRENDA TORRES.
3.APPROVAL OF AGENDA
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE AGENDA . COMMISSIONER SIPES
SECONDED THE MOTION , AND THE MOTION PASSED UNANIMOUSLY , 5-0.
4.DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
COMMISSIONER SIPES SHARED THAT HE RECEIVED AN EMAIL ON MAY 6, 2024 CONCERNING THE DEVELOPMENT
APPLICATIONS FOR 2332 FOX LANE FROM AN AVON RESIDENT. IN A REPLY EMAIL TO THE RESIDENT SHARED WITH
COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, COMMISSIONER SIPES EXPRESSED THAT HE IS
“NOT AT LIBERTY TO DISCUSS ACTIVE APPLICATIONS”, WHICH WAS CONFIRMED BY THE DIRECTOR TO BE THE
APPROPRIATE RESPONSE. THE PZC COMMISSIONERS MADE NO FURTHER COMMENT ON THIS DISCLOSURE.
5.PUBLIC HEARINGS
5.1. SRU24001 WALKIN’ THE DOG BUSINESS OPERATION – MAX MORGAN, PLANNER II
_______________________________________________________________________________
PUBLIC COMMENT:
1. THE TOWN RECEIVED PUBLIC COMMENT VIA EMAIL FROM PAUL JARDIS, PRESIDENT OF THE METCALF
COMMERCIAL PARK OWNERS ASSOCIATION EXECUTIVE BOARD, ON APRIL 18, 2024 IN ANTICIPATION OF THE
ORIGINALLY SCHEDULED APRIL 22, 2024 PUBLIC HEARING FOR SRU24001, WHICH WAS CONTINUED TO MAY
13, 2024 IN ORDER FOR THE APPLICATION TO BE PROPERLY NOTICED. IN THE EMAIL, PAUL JARDIS REQUESTED
THAT THE PUBLIC HEARING BE “DELAYED”, OR IF NOT DELAY, DENIED. THIS EMAIL FROM PAUL JARDIS WAS
INCLUDED IN THE PZC PACKET AS PART OF THE SRU24001 APPLICATION.
PAUL JARDIS SENT A SECOND EMAIL ON MAY 13, 2024 AS THE PRESIDENT OF THE METCALF COMMERCIAL
PARK OWNERS ASSOCIATION EXECUTIVE BOARD, “RESPECTFULLY REQUESTING THAT THIS REQUEST FOR AN
EXPANDED SPECIAL REVIEW USE PERMIT BE DENIED.” THIS EMAIL WAS RECEIVED IN TIME TO BE INCLUDED
WITH THE PZC PACKET PUBLISHED ON MAY 10, 2024 HOWEVER, STAFF DISTRIBUTED A PRINTED VERSION OF
THE EMAIL TO PZC COMMISSIONERS, AND MADE THE SAME PRINTED COPY AVAILABLE TO THOSE IN
ATTENDANCE OF THE PUBLIC HEARING ON MAY 13, 2024.
2. THE TOWN RECEIVED AN EMAIL FROM SEAN REYNOLDS (5032 WILDRIDGE RD E #A) EXPRESSING SUPPORT
FOR APPROVAL OF SRU24001 ON APRIL 19, 2024.
3. DURING THE PUBLIC HEARING, WILL CUMMINGS (EAGLE-VAIL) SPOKE IN FAVOR OF THE APPLICATION,
RECOMMENDING APPROVAL FOR SRU24001
4. DURING THE PUBLIC HEARING, ANNE “ANNIE” DEWATERS (2421 SADDLE RIDGE LOOP A) SPOKE IN FAVOR OF
THE APPLICATION, RECOMMENDING APPROVAL FOR SRU24001
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE SRU24001 WITH THE RECOMMENDED
CONDITIONS FROM STAFF , INCLUDING ONE REVISION TO RECOMMENDED CONDITION #1, TO REPLACE THE
WORD “MAY” FOR “SHALL”.
THE UPDATED CONDITION READS “THE PERMIT IS VALID FOR TWENTY -FOUR (24) MONTHS; AT LEAST THIRTY
(30) DAYS PRIOR TO THE EXPIRATION , THE HOLDER OF THE SPECIAL REVIEW USE APPROVAL SHALL APPLY
FOR A REVIEW HEARING BEF O RE THE PZC.”
COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED 4-1. COMMISSIONER SIPES
REPRESENTED THE DISSENTING VOTE .
5.2. PUD24001 / MJR24002 / AEC24001 NEW RESIDENCE 4644 NORTH POINT – MAX MORGAN, PLANNER II
STAFF INTRODUCED THE APPLICATION, AND THE APPLICANT GAVE A PRESENTATION AND ANSWERED QUESTIONS
FROM THE PZC AS WELL AS THE PUBLIC.
PUBLIC COMMENT:
1. DURING THE PUBLIC HEARING, CHAD HOLLEMAN (2365 FOX LANE) ASKED A QUESTION CONCERNING
POTENTIAL, ADDITIONAL DEVELOPMENT ON THE SITE.
2. ROBERT PFAFF (2345 FOX LANE B) ADDRESSED THE COMMISSION AND STAFF TO INDICATE OPPOSITION TO THE
PROPOSED DEVELOPMENT.
_______________________________________________________________________________
COMMISSIONER SIPES CLARIFIED THAT THIS WAS THE PUBLIC’S OPPORTUNITY TO PRESENT QUESTIONS TO
STAFF CONCERNING THE APPLICATION FOR THE PROPOSED PROJECT AT 4644 NORTH POINT, BUT THE
COMMENTS ARE NOTED.
3. MARY ISOM (2421 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
4. COLIN MEIRING (4660 NORTH POINT A) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
ACTION: COMMISSIONER SIPES MADE A MOTION TO CONTINUE THE APPLICATION FOR PUD24002 TO THE JUNE
10, 2024 PZC MEETING IN ORDER FOR STAFF TO SEEK COUNSEL RELATED TO POTENTIAL DISTURBANCE IN THE
NON-DEVELOPABLE AREA ON THE LOT. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION PASSED
UNANIMOUSLY, 5-0. THIS ACTION EFFECTIVELY TABLED THE PUBLIC HEARING RELATED TO MJR24002 AND
AEC24001.
5.3. PUD24002 / MJR24003 / AEC24002 NEW RESIDENCE 2332 FOX LANE– MAX MORGAN, PLANNER II
STAFF INTRODUCED THE APPLICATION, AND THE APPLICANT GAVE A PRESENTATION AND ANSWERED QUESTIONS
FROM THE PZC AS WELL AS THE PUBLIC.
PUBLIC COMMENT:
1. ROBIN USATCH (2345 FOX LANE A) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
2. JODY ETTERS (2413 SADDLE RIDGE LOOP A) PRESENTED A HAND-OUT TO THE PZC, STAFF AND MEMBERS OF
THE PUBLIC, AND ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED DEVELOPMENT
APPLICATIONS.
3. PEPPER ETTERS (2413 SADDLE RIDGE LOOP A), ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE
PROPOSED DEVELOPMENT APPLICATIONS.
4. DANIELA DEMEILLAC (2395 SADDLE RIDGE LOOP) ADDRESSED THE PZC TO COMMENT ON DEVELOPMENT IN
WILDRIDGE AND THE PZC.
5. MATT GARNSEY (2101 OLD TRAIL ROAD C) ADDRESSED THE PZC TO EXPRESS SUPPORT TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
6. MIKE CHADWELL (2413 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE
PROPOSED DEVELOPMENT APPLICATIONS.
7. ANN MARIE CHADWELL (2413 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO
THE PROPOSED DEVELOPMENT APPLICATIONS.
8. BOB ISOM (2421 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
9. JULIE OZOG (2323 FOX LANE) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE PROPOSED
DEVELOPMENT APPLICATIONS.
_______________________________________________________________________________
10. ANNE “ANNIE” DEWATERS (2421 SADDLE RIDGE LOOP A) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO
THE PROPOSED DEVELOPMENT APPLICATIONS.
11. ANN MARIE CHADWELL REAPPROACHED THE PODIUM AND ADDRESSED THE PZC TO RE-AFFIRM OPPOSITION
TO THE PROPOSED DEVELOPMENT APPLICATIONS..”
12. MARY ISOM (2421 SADDLE RIDGE LOOP B) ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE
PROPOSED DEVELOPMENT APPLICATIONS..
13. PEPPER ETTERS (2413 SADDLE RIDGE LOOP A) RE-ADDRESSED THE PZC TO EXPRESS OPPOSITION TO THE
PROPOSED DEVELOPMENT APPLICATIONS.
TOWN MANAGER ERIC HEIL REMINDED STAFF, THE COMMISSION AND THE MEETING ATTENDEES THAT THEY SHOULD
BE LIMITED TO THREE MINUTES OF PUBLIC COMMENTS, AND ASKED IF THERE WERE ANY NEW PUBLIC COMMENTS.
NO NEW PUBLIC COMMENTS WERE PRESENTED. COMMISSIONERS SHARED COMMENTS ON THE APPLICATION.
ACTION 1: COMMISSIONER GLANER MADE A MOTION TO RECOMMEND APPROVAL OF APPLICATION PUD24002 AS
PRESENTED IN THE STAFF REPORT, INCLUDING CONDITIONS RECOMMENDED BY STAFF. COMMISSIONER SIPES
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0.
ACTION 2: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE APPLICATION FOR AEC24001 AS PRESENTED
IN THE STAFF REPORT, WITH NO CONDITIONS. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION
PASSED UNANIMOUSLY, 5-0.
ACTION 3: COMMISSIONER SIPES MADE A MOTION TO TABLE APPLICATION MJR24003 “TO HAVE THE APPLICANT
REVISIT THE OVERALL SITE DISTURBANCE IN RESPECT TO SETBACK-TO-SETBACK DISTURBANCE ON THE UPHILL
PORTION OF THE LOT, AND LOOKING AT THE MASSING THAT IS RESULTING.” COMMISSIONER MURAD SECONDED
THE MOTION. THE MOTION PASSED 4-1, WITH COMMISSIONER GLANER REPRESENTING THE DISSENTING VOTE.
5. CONSENT AGENDA
5.1. APRIL 22, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES
5.2. RECORD OF DECISION – TMP24003 DIVAS TRAILERS CONSTRUCTION STAGING – MAX MORGAN,
PLANNER II
5.3. RECORD OF DECISION – MNR23003 / AEC24003 EAGLE RIVER WATER & SANITATION DISTRICT
FENCE IN WILDRIDGE – MAX MORGAN, PLANNER II
5.4. RECORD OF DECISION – REZ24001 EAST AVON REZONING – JENA SKINNER, AICP, PLANNING
MANAGER
ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER COOK
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY.
6. FUTURE MEETINGS
6.1. MAY 27, 2024 – NO MEETING – MEMORIAL DAY
6.2. JUNE 10, 2024 (MONDAY – WITH PZC TRAINING)
7. STAFF UPDATES
_______________________________________________________________________________
7.1. JUNE 10 JOINT DDA | PZC MEETING – SUB AREA PLANS
7.2. EVSE COHORT
8. ADJOURN
ACTION: COMMISSIONER HYATT ADJOURNED THE MEETING AT 8:28PM.
THESE MEETING NOTES 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S
OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.
RESPECTFULLY,
MAX MORGAN
ATTACHMENTS:
ATTACHMENT A: ETTERS HANDOUT RELATED TO PUD24002 / MJR24003
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
Attachment A - Etters Handout for PUD24002
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant
RE: Financial Report – April & March 2024 data
DATE: May 10th, 2024
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for March 2024 and the recreation fees and real estate transfer tax revenues for April
2024.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of
this report in respect to each individual section for March revenues in 2024 and April 2024. Tax revenues
are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are
based on a 3-year average of actual revenues.
REVENUE ANALYSIS:
Sales Tax: Revenues – March 2024: March sales tax revenues totaled $1,715,792. This is an increase of
$100,071 or 6.19% compared to March 2023 sales tax revenue of $1,615,720.
MARCH 2023 v MARCH 2024 SALES TAX COMPARISON BY INDUSTRY
March 2023 March 2024 Increase/Decrease
Home/Garden $102,015.31 $98,293.91 ($3,721.22)
Grocery/Specialty/Health $237,966.81 $244,359.44 $6,392.63
Sporting Goods Retail/Rental $177,245.32 $197,592.78 $20,347.46
Miscellaneous Retail $70,726.25 $75,645.53 $4,919.28
Accommodations $339,938.40 $363,047.89 $23,109.49
Restaurants/Bars $247,204.72 $222,115.92 ($25,088.80)
Other $33,415.34 $48,037.26 $14,621.92
Service Related $71,245.15 $102,304.64 $31,059.49
Liquor Stores $20,760.79 $18,557.04 ($2,203.75)
E-Commerce Retail $71,804.03 $104,219.68 $32,415.65
Manufacturing/Wholesale $54,525.12 $103,023.48 $48,498.36
Construction Related Services $148,799.64 $103,762.06 ($45,037.58)
Digital Media Suppliers/Sellers $21,376.77 $18,756.10 ($2,620.67)
Commercial/Industrial Equipment $18,697.42 $16,077.03 ($2,620.39)
Special Events $0.00 $0.00 $0.00
TOTAL $1,615,720.89 $1,715,792.76 $100,071.87
Page 2 of 11
Sales Tax: February 2024 Budget v Actual Collections: March 2024 sales tax revenues totaled
$1,715,792. This is an increase of $48,349 over the March 2024 estimates of $1,667,443. This is 2.90%
above the adopted 2024 budget (based on a 3-year average).
MARCH 2024 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2024 Budget 2024 Actual Dollar Variance Percentage Variance
March $1,667,443.41 $1,715,792.76 $100,071.87 6.19%
872,489.74 1,295,893.82 1,550,583.98 1,615,720.89 $1,715,792.76
48.53%
19.65%4.20%
6.19%
$300,000
$500,000
$700,000
$900,000
$1,100,000
$1,300,000
$1,500,000
$1,700,000
$1,900,000
$2,100,000
2020 2021 2022 2023 2024
2020-2024 March Sales Tax Revenue Trend
Page 3 of 11
Accommodation Tax: Revenues – March 2024: Accommodation tax revenues totaled $358,870 for the
month of March. This is an increase of $6,329.52 or 1.80% compared to March 2023 accommodation tax
revenues, which totaled $352,541. Accommodation tax collections by industry type for March 2024
compared to March 2023 reported an increase for Hotels and Timeshares.
MARCH 2023 v MARCH 2024 ACCOMMODATION TAX COMPARISON BY INDUSTRY
March 2023 March 2024 Increase/(Decrease)
Timeshares $53,795.92 $58,351.91 $4,555.99
Hotels $124,039.90 $160,807.21 $36,767.31
Vacation Rentals $174,705.39 $139,711.61 ($34,993.78)
TOTAL $352,541.21 $358,870.73 $6,329.52
March 2024 Budget v Actual Collections: March 2024 accommodation tax revenues totaled $358,870.
This is a decrease of $27,265 over the March 2024 estimates of $386,135. This is 7.06% below the
adopted 2024 budget (based on a 3-year average).
MARCH 2024 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2024 Budget 2024 Actual Dollar Variance Percentage Variance
March $386,135.85 $358,870.73 ($27,265.12) (7.06%)
128,039 313,888 393,864 352,541 358,871
145.15%
25.48%
-10.49%
1.80%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2020 2021 2022 2023 2024
2020-2024 March Accommodation Tax Revenue
Trend
Page 4 of 11
Short Term Rental Tax for CH: Revenues – March 2024: STR Tax for Community Housing totaled
$163,344 for the month of March. This is an increase of $3,234 or 2.02% compared to March 2023. The
Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential.
MARCH 2023 v MARCH 2024 STR TAX FOR CH COMPARISON BY INDUSTRY
March 2023 March 2024 Increase/(Decrease)
Timeshares $26,897.97 $29,175.98 $2,277.99
Hotels $48,949.34 $68,010.17 $19,060.17
Vacation Rentals $84,262.83 $66,158.56 ($18,104.27)
TOTAL $160,110.14 $163,344.69 $3,234.55
Tobacco & Cigarette Tax: Revenues – February 2024: Tobacco tax revenues totaled $30,046 and
cigarette tax revenues totaled $19,401 for March 2024. Compared to March 2023 revenues, this is a
decrease of $2,662 for tobacco tax revenues, which totaled $32,708 and a decrease of $198 for cigarette
tax revenues, which totaled $19,599.
12,797 28,754 30,238 32,709 30,046
124.70%5.16%
8.17%
-8.14%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2020 2021 2022 2023 2024
2020-2024 March Tobacco Tax Revenue Trend
Page 5 of 11
March 2024 Adopted Budget v Actual Collections: March 2024 tobacco and cigarette tax revenues
totaled $30,046 and $19,401, respectively. This is a decrease of $2,170, over the March 2024 budget for
tobacco tax, which is $32,217 and a decrease of $827 over the March 2024 budget for cigarette tax
estimates, which is $20,228 which is based on a 3-year average.
MARCH 2024 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2024 Budget 2024 Actual Dollar Variance Percentage
Variance
Tobacco $32,217.16 $30,046.37 ($2,170.79) (6.74%)
Cigarettes $20,228.75 $19,401.00 ($827.75) (4.09%)
Total ($2,998.54)
16,659 21,774 21,517 19,599 19,401
30.70%
-1.18%
-8.91%-1.01%
-
5,000
10,000
15,000
20,000
25,000
2020 2021 2022 2023 2024
2020-2024 March Cigarette Excise Tax Revenue
Trend
Page 6 of 11
Real Estate Transfer Tax: Revenues – April 2024: April 2024 real estate transfer tax totaled $714,231.
Compared to April 2023, which totaled $433,787, this is an increase of $280,443. This is an increase of
$129,955 over the April 2024 budget which was based on a 3-year average. The favorable real estate
transfer tax was primarily due to sales from the Frontgate project.
APRIL 2024 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2024 Budget 2024 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $584,275.43 $714,231.31 $129,955.88 22.24%
$140,135 $477,177 $378,321 $433,787 $714,231
240.51%
-20.72%
14.66%
64.65%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
2020 2021 2022 2023 2024
Real Estate Transfer Tax April Revenue Trends
Page 7 of 11
Recreation Center Fees: Revenues – April 2024 Admissions & Program Fees: Recreation admission
revenues for April 2024 totaled $71,177 is a decrease of $10,172 compared to April 2023 which totaled
$81,349. This is $6,740 above the adopted 2024 budget estimates of $64,436. Recreation program fee
revenues for April 2024 totaled $24,726. This is a decrease of $1,213 compared to 2023, which totaled
$25,940 This is $5,384 above the adopted 2024 budget estimates, which is $19,342 which is calculated
based on a 3-year average.
$2,153 $3,646 $26,280 $25,940 $24,727
69.38%
620.74%
-1.29%-4.68%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
2020 2021 2022 2023 2024
Recreation Program Fees April Revenue Trends
1,437 34,168 66,815 81,349 71,177
2278.26%
95.55%
21.75%
-12.50%
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
2020 2021 2022 2023 2024
Recreation Admissions April Revenue Trends
Page 8 of 11
Tax Revenue Comparison – 2023 v 2024: Accommodations Tax and STR Tax for CH are reporting a
decrease for 2024 compared to 2023 along with Tobacco Tax and Rec Program fees. Below is a table
which reflects the dollar change and percentage variance.
Adopted Budget 2023 v Actual 2024: Accommodations Tax and STR for CH reflect an unfavorable
variance over the 2024 budget. Total revenue for the YTD is reflecting a positive variance to the 2024
budget. Below is a table which reflects the dollar change and percentage variance.
2023 v 2024 YTD Revenue Comparison
2023 2024 Dollar Variance Percentage
Variance
Sales Tax $4,186,241.54 $4,208,364.44 $22,122.90 0.53%
Acc. Tax $1,088,791.84 $960,108.25 ($128,683.59) (11.82%)
STR Tax for CH $497,913.20 $444,352.04 ($53,561.16) (10.76%)
Tobacco Tax $95,460.55 $95,065.35 ($395.20) (0.41%)
Cigarette Tax $58,036.50 $58,296.00 $259.50 0.45%
Rec Admissions $393,722.01 $415,789.50 $22,067.49 5.60%
Rec Program Fees $140,910.48 $139,834.84 ($1,075.64) (0.76%)
TOTAL $6,461,076.12 $6,321,810.42 ($139,265.70) (2.16%)
2024 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $4,204,179.65 $4,208,364.44 $4,184.79 0.10%
Acc. Tax $1,010,443.41 $960,108.25 ($50,335.16) (4.98%)
STR Tax for CH $487,380.88 $444,352.04 ($43,028.84) (8.83%)
Tobacco Tax $94,685.14 $95,065.35 $380.21 0.40%
Cigarette Tax $57,177.77 $58,296.00 $1,118.23 1.96%
Rec Admissions $295,945.65 $415,789.50 $119,843.85 40.50%
Rec Program Fees $104,410.55 $139,834.84 $35,424.29 33.93%
TOTAL $6,254,223.05 $6,321,810.42 $67,587.37 1.07%
Page 9 of 11
Real Estate Transfer Tax: Revenues YTD
2024 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2024 Budget 2024 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $2,159,535.68 $3,254,069.02 $1,094,533.34 50.68%
2023 Actual 2024 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $1,341,958.82 $3,254,069.02 $1,912,110.20 142.49%
New and Renewed Business and STR Licenses – 2023 v 2024: The total number of 2024 business
licenses issued through April was 250. This was down 31 licenses or 11.0% from March 2023. The total
number of STR licenses issued through March was 80. Compared to March 2023 the STR licenses were
down 24 licenses or 23.1%.
2024 v 2023 – Business and STR Licenses
Period 1/1 – 4/30 2024 2023 License
Variance
Percentage
Variance
Business License - Vendor 242 267 (25) (9.4%)
Business License – Fixed Location 64 66 (2) (3.0%)
Business License – Home Occupation 17 17 0 0.0%
Business License – Special Event 2 2 0 0.0%
TOTAL BUSINESS LICENSES 325 352 (27) (7.7%)
STR License 83 104 (21) (20.2%)
Page 10 of 11
-
50.00
100.00
150.00
200.00
250.00
300.00
Business License - Vendor Business License - Fixed
Location
Business License - Home
Occupation
Business License - Special
Event
Business Licenses Issued 1/1 -4/30
2022 2023 2024
0
20
40
60
80
100
120
STR License
STR Licenses Issued 1/1 -4/30
2022 2023 2024
Page 11 of 11
EXPENDITURES: APRIL 2024
General Fund YTD Actuals v 2024 Budget: General Fund expenditures through April 2024 total
$6,632,636 which is 25.2% of the total adopted budget. These expenditures include all wages, health
benefits, events, computer services, operating cost, legal services, and utilities.
Mobility Fund YTD Actuals v 2024 Budget: Mobility Fund expenditures through April 2024 total $852,383
which is 23.68% of the total adopted budget. These expenditures include the cost for wages, health
benefits, consulting services, utilities, and bike share program.
Fleet Maintenance YTD Actuals v 2024 Budget: Fleet Maintenance expenditures through April 2024 total
$409,422 which is 18.78% of the total adopted budget. These expenditures include wages, health benefit,
fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Capital Projects Fund YTD Actuals v 2024 Budget: The Capital Improvement expenditures through April
2024 total $556,377 which is 4.69% of the total adopted budget. These expenditures were made up of
primarily West BC Blvd. street improvements project.
Thank you,
Dean
970.748.4072 cvanwinkle@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Chelsea Van Winkle, Special Events Coordinator and Michael
Pasquarella, Special Events Coordinator
RE: Avon Elementary School Mural Project Update
DATE: May 21, 2024
SUMMARY: This report outlines the approach and process for the Avon Elementary School Mural Project
and the status of the project. This report is for informational purposes only and no action is required by
Council.
BACKGROUND: The Town of Avon, Colorado, requested proposals from multiple mural artists or artist
teams to create an original mural or murals for the east facing exterior Stucco wall(s) of the Avon
Elementary School located on W. Beaver Creek Blvd. The approach was to solicit a Call for
Artists/Request for Proposal (RFP) - ATTACHMENT A providing guardrails for the artists around Project
Intent, Design & Theme.
On April 15, 2024, the RFP was issued through CAFÉ, a web-based platform reaching tens of thousands of
artists. CAFÉ housed and catalogued the artist applications/submission, media inventory, Jury Panel score
card and review comments, as well as artist communication. This resulted in thirty (30) highly qualified
muralist submissions. We had eleven (11) submissions from out of state which were disqualified, and
nineteen (19) submissions from some of the most recognized muralists in the State of Colorado to be
reviewed by the Jury Panel.
Jury Panel - A list of twelve (12) finely curated volunteers and staff served as the Jury Panel, two of which
represented the Avon Elementary School and two of which have a diverse background and/or higher
education in the fine art world.
a. Patti Dixon – Local Vail Valley Artist
b. Soodi Kick – Vail Valley Art Guild and Local Avon Artist
c. Carrie Mae Wack – Avon Library Branch Manager
d. Dana Harrison – Avon Elementary School Principal
e. Mike Salomone – Avon Elementary School Art Teacher
f. Michael Labagh – Recreation Director
g. Justin Chesney – CASE Committee, Avon resident
h. Kerri Thelen – CASE Committee, Avon resident
i. Ruth Stanley – CASE Committee and Avon Town Council, Avon resident
j. Danita Dempsey – CASE Manager
k. Chelsea Van Winkle – Special Events Coordinator
l. Michael Pasquarella – Special Events Coordinator
The Jury Panel had two successful Jury meetings on May 13th and May 20th narrowing the applicant pool
from nineteen (19) to four (4). The first round of individual jurying (review and scoring) resulted in the
advancement of eleven (11) applicants to the second round of jurying. Two applicants withdrew prior to the
next round due to scheduling conflicts and other art projects resulting in nine (9) applicants moving to the
second round. Prior to the second round, the Administrator, Danita Dempsey, then emailed the applicants
to ask for changes to their initial concepts based on feedback given by the jury. The second round of
individual jurying (review and scoring) resulted in the advancement of four (4) applicants to the third round
Page 2 of 2
taking place on May 28th. On May 28th, the jury will choose the final two (2) applicants. Then, the Jury will
come together for a call on June 4th to decide on who will be awarded the project.
FINANCIAL CONSIDERATIONS: The 2024 Approved Budget includes $23,000 for the Avon Elementary
School Mural Project. The project is currently on budget.
Thank you, Chelsea and Mike
ATTACHMENT A: Avon Elementary School Mural Project RFP
Call For Artist / Request for Proposal
Avon Elementary School Mural Project
Page 1 of 4
CALL FOR MURAL ARTISTS / REQUEST FOR PROPOSAL
TOWN OF AVON - AVON ELEMENTARY SCHOOL MURAL PROJECT for 2024
The Town of Avon, Colorado, (“Town”) requests proposals from multiple mural artists or artist teams to
create an original mural or murals for the east facing exterior Stucco wall(s) of the Avon Elementary School
located on W. Beaver Creek Blvd. This is a project of the Avon Town Council and Cultural, Arts & Special
Events (“CASE”) Committee.
Overview: The Avon Elementary School Mural Project (“School Mural”) will help to establish a creative
identity and spirit for the west end of Harry A. Nottingham Park; the crowned jewel of the Town. The
community minded Mural will become a significant landmark visually connecting the treasured Avon
Elementary School, numerous sport courts and the western gateway to Nottingham Park which inspires
community, conversation, and connection.
The enhancement of public places by integrating the creative work of artists improves the pedestrian
experience and promotes vibrancy, creativity, and livelihood in the community. The presence of and access to
public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper
interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a
community, and points to its aspirations for the future.
Project Intent: To create a significant landmark, visually connecting Avon Elementary School, sport courts
and western gateway to Nottingham Park which inspires community, conversation, connection; and further
identifies Avon as an art community. The selected artist is responsible for working with Town representatives
on all aspects to include multiple iterations of design.
Design & Theme: The CASE Committee is seeking a design that will delight people with a unique and
cheerful character representative of education, discovery, learning environments, and/or mountain lifestyle.
The theme could speak to the future of the creative influences of our Latino cultural landscape (traditions,
food, languages, dance, and colors); the beauty of the area’s natural resources (Eagle River, native wildlife
and/or plant/floral life); the learning opportunities in our natural ecosystems and/or built environments
(Walking Mountains Science Center, Avon Library, Avon Elementary School, Eagle River and Climate Action
Initiatives); our cultural legacy (bronze sculpture collection, rotating art program, historical markers or Salute
to the USA signature event), historical preservation (Metcalf Cabin, Nottingham Ranch, Lettuce Sheds, and
water wheel). The design should not be landscape of mountain scenery nor demonstratively urban.
Project Budget: Selected artist shall be paid up to a Twelve Thousand Dollars ($12,000.00) stipend. The
project budget is all-inclusive and must include all design fees, commercial liability insurance, all costs, and
materials for installation, including transportation, lodging and meals.
The Town will clean and prime the site prior to installation. The Town shall provide a boom lift and/or scissor
lift for no more than 15 consecutive days. Any additional days required by artist must be communicated in the
artist proposal submission.
ATTACHMENT A
Call For Artist / Request for Proposal
Avon Elementary School Mural Project
Page 2 of 4
Site Description: East facing exterior Stucco wall(s) of the Avon Elementary School located on W. Beaver
Creek Blvd. The site is high visibility (general park and sport court users, pedestrians, cyclists, surrounding
homes) and has unique characteristics. Directly adjacent to the wall is a playground and athletic field and
directly to the south are newly refurbished pickleball and basketball courts.
The playground will be in use intermittently throughout the project by kids’ summer camp programs. The
Town will provide and install barricade fencing to separate the artists’ work area from the rest of the
playground. However, the schedule for artist work may need to be coordinated to accommodate these
activities. The wall(s) have several Stucco Control & Expansion Joints that were installed to reduce the risk
of cracking and damage to the wall. These joints are less than ½ inch in depth and should be con sidered into
the artist proposed design, but not filled in with caulk, grout, or silicone. Additionally, the wall has 20 windows
of equal size, that are arranged in 5 separate clusters with 4 windows per cluster. Each window is 20” x 20” or
2.78 ft² See Attachment A.
• Approx. Wall Portion A Measurements: 31' 4” Tall x 83’ Wide | Sq. Footage = 2,600.67 ft²
• Approx. Wall Portion B Measurements: 15' Tall x 20’ Wide | Sq. Footage = 300 ft²
• Approximate Total Combined Sq. Ft. = 2,900.67 ft²
Eligibility:
1. The Request for Proposals is open to all artists and artist teams residing and working in Colorado.
2. All applicants must be 18 years of age or older and have all necessary documentation and permits to
work in the United States at the time of submittal.
3. Applicants must be able to complete work before July 30, 2024.
4. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation
involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes.
Criteria for Art:
1. Quality – The consideration of highest priority is the inherent artistic excellence of the mural(s)
artwork as well as representing a diverse range of appeal within the community.
2. Timelessness – Mural(s) will be viewed as a long-term acquisition that should have aesthetic
relevance to the community in future years and reflect enduring artistic quality.
3. Site Compatibility & Appropriateness – Mural(s) must be appropriate in scale, material form and
content for both the immediate and general, social, and physical environment in which the Mural(s)
will be placed.
4. Elements of Design – The consideration that the Mural(s) will serve to establish a significant focal
point, define spaces, inspire community, conversation, and connections, establish creative identity,
and create a gateway, among other things.
5. Permanence & Safety – Consideration will be given to permanence, protection against vandalism,
weathering and excessive maintenance and repair costs.
Artist Criteria:
1. Cooperation – Ability of the Mural artist(s) to work closely and cooperatively with the Eagle County
Call For Artist / Request for Proposal
Avon Elementary School Mural Project
Page 3 of 4
School District, CASE Committee, and Town staff.
2. Expertise - Demonstrates knowledge and experience of public mural art.
3. Presentation – Ability of the Mural artist(s) to clearly describe concepts verbally and through quality
written materials.
4. Technical Feasibility - Ability of the Mural artist(s) to carry out the concepts described in the
proposed Mural(s).
5. Timelines - Ability of the Mural artist(s) to deliver the mural art according to the agreed schedule.
6. Aesthetic Standard - CASE shall have the right to withhold recommending acceptance to Town
Council of a Mural(s) until it clearly meets standards of artistic achievement agreed upon by most of
the CASE members and Eagle County School District representatives.
Application & Process: The Town uses the web-based service, Callforentry.orgTM, also known as CaFETM,
to manage artist applications and selection processes for the Avon Elementary School Mural Project.
Application link can be found here.
Application shall include:
1. Artist and/or Artist Team Contact: Upload complete and accurate contact information.
2. Proposal:
a. Include 1 to 5 images of your proposed Mural(s) design (sketches, digital design, mock-up).
b. Project statement describing your approach and intention for the Mural (s).
3. References & Past Work: Three (3) relevant mural project references to include the following for
each project:
a. Main contact.
b. Scope and description of project.
c. Project budget.
d. Project timeline.
e. Project location.
f. Minimum of three (3) digital images and maximum of eight (8) digital images.
4. All selected artists must execute a copy of the Independent Contractor Agreement (“ICA”) – See
Attachment B.
Anticipated Timeline:
• Artist Call for entry: April 15, 2024.
• Deadline for entry: May 6, 2024.
• Proposed selection notification: May 31, 2024.
• Installation of work: June 17 through July 30, 2024.
• Completion of work: July 30, 2024.
The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals.
Call For Artist / Request for Proposal
Avon Elementary School Mural Project
Page 4 of 4
The Town has no obligation to select or use the services of any consultant submitting a Request for
Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or
projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at
ddempsey@avon.org, (970) 748-4065 OR Mike Pasquarella at mpasquarella@avon.org, (970) 748-4037.
Avon Elementary School Mural | Site Description
April 16, 2024
Avon Elementary School Mural Project
Attachment A: Site Description
April 16, 2024
Danita Dempsey | Cultural, Arts & Special
Events Manager
CAvon Elementary School Mural | Site Description
April 16, 2024
Wall Portion A – 31’ 4” Tall x 83’
Wide. View from the Southwest
corner of the playground
Wall Portion A viewed
from the Western side of
the playground
Wall Portion B – 15’ Tall x 20’
Wide. View from the Northeast
corner of the playground
B
A
A
A
Wall Portion measurements are approximate
CAvon Elementary School Mural | Site Description
April 16, 2024
Wall Portion A – View from the back of the
playground.
Wall Portions A and B – View from the back of
the playground.
A A
B
CAvon Elementary School Mural | Site Description
April 16, 2024
Wall Portions A and B viewed from
the Eastern end of Avon
Elementary School property
A A
B
Approx. Wall Portion A
Measurements: 31’ 4” Tall x 83’ Wide
Sq. Footage = 2,600.67 ft²
Approx. Wall Portion B
Measurements: 15’ Tall x 20’ Wide
Sq. Footage = 300 ft²
Approximate Total Combined Sq. Ft.
= 2,900.67 ft²
CAvon Elementary School Mural | Site Description
April 16, 2024
View of 3 of 5 window clusters.
Middle cluster is offset above the
othersView of window cluster
Both of these photos also show the Stucco Expansion & Control Joints that are dispersed throughout the wall
Expansion & Control Joints
Each window is 20” x 20”
CAvon Elementary School Mural | Site Description
April 16, 2024
CASE COMMITTEE MEETING MINUTES
THURSDAY, APRIL 18TH, 2024
IN PERSON AT AVON TOWN HALL
CASE COMMITTEE MEETING MINUTES, 18 APRIL 2024 PAGE 1 | 3
1. ROLL CALL
Present: Committee Chair Justin Chesney, Committee Member Danielle McNair, Pedro Campos, Kerri Thelen,
Thomas Walsh, and Calyn Rieger (virtual) and Town Council Member Ruth Stanley
Staff: Culture, Arts & Special Events Manager Danita Dempsey, Special Events Coordinator Chelsea Van Winkle,
Special Events Coordinator Mike Pasquarella
Absent: Committee Member Lisa Mattis and Town Council Member Lindsay Hardy
The meeting was called to order at 12:31 p.m.
Committee Member Calyn Rieger joined the meeting virtually at 12:45 p.m.
2. PUBLIC COMMENT
No public comments were made.
3. MINUTES
Committee Member Pedro Campos motioned to approve the minutes from March 21, 2024. Committee Chair Justin
Chesney seconded the motion and it passed unanimously.
4. STAFF UPDATE
CASE Manager Dempsey gave an update about the Avon Pavilion Sign, 2024 Budget Amendments, winter events and the
Special Events Calendar which are included in the committee packet (available at Avon.org).
CASE Manager Dempsey stated that Council selected a name and design for the pavilion sign at the April 9 th Avon Town
Council meeting. The name will be Avon Pavilion and the design concept is in the committee packet (available at Avon.org).
CASE Manager Dempsey reviewed the 2024 budget amendments which were small adjustments. She explained there were
small savings from Fireworks in Avon that have been reallocated to other projects. In addition, the Town of Avon is providing
Pride in the Park banners at Roundabout #4.
Fireworks in Avon
CASE Manager Dempsey then gave an update on budgetary spending event over event including the cost of Fireworks in
Avon. CASE Manager Dempsey and Special Events Coordinator Van Winkle reviewed the post event debrief.
The Committee commented/inquired:
A. Are the fireworks themselves the largest expense?
B. Can we identify the highest priority updates or things to work on for this event in the future?
C. The drum line was a huge hit!
CASE Manager Dempsey responded that the fireworks are indeed the largest expense for this event.
Special Events Coordinator Van Winkle noted that regarding the highest priority updates or things to work on for this event
that restrooms need to be increased, that the sound from the stage needs to be enhanced, and that the cookies and firepit
rentals added a lot to the guest experience.
CASE COMMITTEE MEETING MINUTES
THURSDAY, APRIL 18TH, 2024
IN PERSON AT AVON TOWN HALL
CASE COMMITTEE MEETING MINUTES, 18 APRIL 2024 PAGE 2 | 3
CASE Manager Dempsey mentioned that after reviewing the budget we may make changes to this event next year,
potentially to include an ice sculpture promenade on the Main St. Mall, and that we were able to capture some great drone
footage that will aid us in both marketing and planning in the future.
Egg Hunt
Special Events Coordinator Van Winkle gave an update on Egg Hunt and mentioned that it was a great event enjoyed by
many local families. The event moved locations to Lake Street due to weather once again this year.
The Committee commented/inquired:
A. How was the success of limiting the number of eggs to each child?
B. About how many kids did we see at the event this year?
C. What are some of the challenges of this event?
Special Events Coordinator Van Winkle responded by saying that it is a difficult situation to manage and that kids aged 3
and under typically get the most eggs because they are accompanied by their parents.
Special Events Coordinator Van Winkle noted that while it is difficult to estimate the total number of kids at the event, we put
out 12,000 eggs throughout the day. All the “eggshells” were recycled and were given to Project Funway for use in their
event.
Special Events Coordinator Van Winkle mentioned that this event being placed on Lake Street due to weather takes away a
great deal of public parking. Special Events Coordinator Van Winkle continued that next year this will likely not be an issue
as Easter falls on the weekend of April 20, and will occur after ski season has ended unlike this year.
Special Event Calendar
CASE Manager Dempsey mentioned that there are no major changes to the Special Event Calendar. She explained that
given our budding partnership with the Vail Valley Art Guild (VVAG), we have begun to track their events as part of our
calendar. CASE Manager Dempsey noted that the VVAG will hold their grand opening of their new space here in Avon on
June 13th.
The Committee commented/inquired:
A. What is the Air Force Academy Band event?
B. What about Colorado Disc Dogs?
C. Are we receiving more private rentals requests?
D. Has the VVAG completed their construction of the new space? Is there anything we can do to help with that?
CASE Manager Dempsey gave a brief synopsis of both the Air Force Academy Band event and Colorado Disc Dogs.
Special Events Coordinator Van Winkle noted that we are still receiving private rental requests, but do not have a ton of
available dates left to book. Special Events Coordinator Van Winkle mentioned that we see the bulk of private event rental
requests happen in the start of the new year.
CASE Manager Dempsey responded by saying that she had heard of the troubles the VVAG was experiencing in their
construction, but that the VVAG had not yet expressed the need to change their grand opening event date.
CASE COMMITTEE MEETING MINUTES
THURSDAY, APRIL 18TH, 2024
IN PERSON AT AVON TOWN HALL
CASE COMMITTEE MEETING MINUTES, 18 APRIL 2024 PAGE 3 | 3
Request for Proposals & Artist Call Out
CASE Manager Dempsey presented the information of the RFP’s including the Painted Benches Project RFP, the Avon
Elementary School Mural Project RFP, and the 2025 AvonLIVE! Talent Acquisition and Stage Production RFPs presented in
the committee packet (available at Avon.org). CASE Manager Dempsey announced the release of the Painted Benches
Project RFP and noted that we have already received three applicants. CASE Manager Dempsey stated that the Avon
Elementary School Mural Project RFP was released earlier that week, that its process was vetted by the Avon Recreation
Center Muralist, and that we have received one application, but it would need to be denied due to the applicant being from
out of state. CASE Manager Dempsey then went into detail about the 2025 AvonLIVE! Talent Acquisition and Stage
Production RFPs which were split into two because not all stage production companies also book the talent/bands.
The Committee commented/inquired:
A. Did any of the previous artists who applied for the Rec Center mural express interest in applying for this mural?
B. Are the painted benches that are already painted being painted over?
CASE Manager Dempsey responded by saying that the artists who applied for the Rec Center mural would be sent the RFP
and be encouraged to apply.
Special Events Coordinator Pasquarella mentioned that the benches that were previously painted are a part of this project,
that they would be refurbished by artists that initially worked on them, and that the RFP was specifically for four (4)
unpainted benches that would be added to the larger collection.
CASE Committee Upcoming Travel
CASE Manager Dempsey presented the two upcoming travel opportunities Grand Lake Creative District and Colorado
Creative Industries Summit. She noted that the staff and CASE Committee are booked to Grand Lake on April 30 th, 2024.
CASE Manager Dempsey mentioned that all committee members should have received an email communication from
Colorado Creative Industries to download their conference application and to look at the sessions that would be provided. In
addition to the scheduled travel opportunities there is potential upcoming community visits with the Town of Ridgway, Buena
Vista this summer and Durango in 2025.
The Committee commented/inquired:
A. We should visit Ridgway and Telluride on the same day.
CASE Manager Dempsey responded by saying while that would be an ideal scenario for the committee, we have not heard
back from Telluride about a potential community visit.
5. ADJOURNMENT
The meeting was adjourned at 1:19 p.m.
Respectfully submitted by:
Mike Pasquarella
Specials Events Coordinator