The URL can be used to link to this page

TC Council Packet 01-13-2015 MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, &LIBRARY. Page 1 REGULAR MEETING BEGINS AT 6:00 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – GENERAL COMMENTS ARE WELCOME 4. CONSENT AGENDA 4.1. RESOLUTION NO. 15-02, SERIES OF 2015, A RESOLUTION APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT AND TRENCH, CONDUIT, AND VAULT AGREEMENT AT MAIN STREET MALL, TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION (TOWN ENGINEER JUSTIN HILDRETH) 4.2. RESOLUTION NO. 15-05 RESOLUTION DESIGNATING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 4.3. MOTION TO AUTHORIZE THE MAYOR TO EXECUTE THE SHERWOOD MEADOWS UNIT 1-A LEASE AGREEMENT (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 4.4. MOTION TO APPROVE AUDITOR ENGAGEMENT LETTER (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 4.5. MINUTES FROM DECEMBER 09, 2014 MEETING (TOWN CLERK DEBBIE HOPPE) 5. ACTION ITEMS 5.1. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 14-20, SERIES OF 2014, AN ORDINANCE AMENDING TITLE 1 OF THE AVON MUNICIPAL CODE TO DESIGNATE THE MANNER AND MEDIUM OF POSTING AND PUBLISHING ORDINANCES (TOWN ATTORNEY ERIC HEIL) 6. WORK SESSION 6.1. REVIEW AND POLICY DIRECTION FOR AMENDING THE AVON MUNICIPAL CODE CHAPTERS 1.04 DEFINITIONS; 3.12 REAL ESTATE TRANSFER TAX, 5.04 BUSINESS LICENSES, AND 5.16 PEDDLERS, INCLUDING SHORT TERM RENTERS, VENDORS AND SOLICITORS (TOWN ATTORNEY ERIC HEIL/ EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEIL) 7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 7.1. EAGLE COUNTY TRAILS GROUP (COUNCILOR SCOTT PRINCE) 7.2. UERWA MEETING UPDATE (COUNCILOR SARA SMITH HYMES) 8. MAYOR & COUNCIL COMMENTS 9. EXECUTIVE SESSION TO DISCUSS THE PURCHASE, ACQUISITION, LEASE, TRANSFER, AND/OR SALE OF REAL PROPERTY INTEREST UNDER C.R.S. §24-6-402(2)(A) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE RELATED TO SUCH REAL PROPERTY INTEREST UNDER C.R.S. §24-6-402(2)(B) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 13, 2015 LIQUOR LICENSE AUTHORITY MEETING BEGINS AT 5:30 PM - URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:45 PM REGULAR MEETING BEGINS AT 6:00 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS MAYOR JENNIE FANCHER MAYOR PRO TEM JAKE WOLF COUNCILORS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES OFFICIAL TOWN OF AVON COUNCIL PHOTOS 5:00 P.M. – COUNCIL CHAMBERS MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, &LIBRARY. Page 2 10. ADJOURNMENT 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT - GENERAL COMMENTS ARE WELCOME 4. ELECTION OF AVON LIQUOR AUTHORITY CHAIRPERSON AND VICE CHAIRPERSON 5. PUBLIC HEARING SPECIAL EVENT PERMIT 5.1. Applicant Name: Walking Mountains Science Center Event Name: 2015 Alpine World Ski Championships – Après Avon Series Event Dates: February 3rd t0 February 14, 2015; 2:00 p.m. until 6:00 p.m. Location: Avon Pedestrian Mall Event Manager: Michael Welle 6. PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LICENSE 6.1. Applicant Name: PHO 20, LLC d/b/a PHO 20 Location: 47 E. Beaver Creek Blvd Unit C13-C14 Type: Hotel and Restaurant License Owner Chompunut Chanmanee and Cong Hoang Action: Resolution No. 15-01, Series of 2015 7. RENEWAL OF LIQUOR LICENSES 7.1. Applicant: Columbine Bakery, Inc. d/b/a Columbine Bakery Location: 51 Beaver Creek Place Type: Hotel and Restaurant Manager: Daniel Niederhauser 7.2. Applicant: 7-Eleven, Inc. d/b/a 7-Eleven Store 34209 Location: 008 Nottingham Road Type: 3.2% Beer Off Premises Manager: Maria Portarescu 7.3. Applicant: Miller’s Bottle Shop, LLC d/b/a Joe’s Liquors Location: 1060 W. Beaver Creek Blvd. Type: Liquor Store Manager: Scott Seit 7.4. Applicant: HCCL, LLC d/b/a Boxcar Location: 182 Avon Road, Suite 208 Type: Hotel and Restaurant Manager: Cara Loff 8. APPROVAL OF MINUTES FROM NOVEMBER 18, 2014 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 13, 2015 LIQUOR LICENSE AUTHORITY MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, &LIBRARY. Page 3 9. ADJOURNMENT 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT - GENERAL COMMENTS ARE WELCOME 4. CONSENT AGENDA 4.1. RESOLUTION NO. 15-01 DESIGNATING LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS 4.2. APPROVAL OF MINUTES FROM NOVEMBER 18, 2014 5. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 13, 2015 URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:45 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES PAGE 1 OF 1 TOWN COUNCIL REPORT To: Honorable Jennie Fancher and Avon Town Council From: Debbie Hoppe, Town Clerk Date: January 13, 2015 Agenda Topic: Election of Avon Liquor Authority Chairperson and Vice-Chairperson The Avon Home Rule Charter sets forth the election and duties of the Chairperson and Vice- Chairperson as follows: Section 5.08.030 Local Licensing Authority – Membership – Organization – Compensation (a) Until such time as the Town Council may determine otherwise by ordinance, the membership of the Local Liquor Licensing Authority shall be composed of each and every member of the Town Council. (b) At the next meeting of the Local Liquor Licensing Authority following the final passage of the ordinance codified in this Chapter a chairperson and vice-chairperson shall be elected by those members present at that time from among the entire membership of the authority. The chairperson shall preside at meetings, rule on questions pertaining to procedure and admissibility of evidence and perform such other duties as may be necessary. The vice-chairperson shall assume the duties of the chairperson when the chairperson is absent or incapacitated. A quorum shall consist of four (4) members, and a decision of a majority of the members present at any meeting shall control. The chairperson or acting chairperson shall have full voting rights the same as any other member. (c) Members of the Local Liquor Licensing Authority shall be compensated in the sum of twenty- five dollars ($25.00) for each meeting attended; except that no member shall receive more than fifty dollars ($50.00) in compensation for his or her services rendered during any one (1) month. (Ord. 79- 22 §2 (B, C, G)) It is recommended the Mayor entertain nominations, by motion and vote, for the Vice-Chairperson position, followed by the Council membership interviewing the nominee(s). A vote would follow with a paper ballot being completed by the Mayor and Councilors. The Town Clerk would record the results by reading out each ballot and name of Councilor submitting the vote. Election is by a simple majority. REPORT FOR AVON LIQUOR LICENSING AUTHORITY To: Avon Liquor Licensing Authority From: Debbie Hoppe, Town Clerk Date: January 13, 2015 Agenda topic: SPECIAL EVENTS PERMIT APPLICATION – PUBLIC HEARING The Town Council serving as the Local Liquor Licensing Authority will consider a Special Events Permit Application for the upcoming 2015 Alpine World Ski Championships –Après Avon Series Event. A public hearing is required before final action is taken. Applicant Name: Walking Mountains Science Center Event Name: 2015 Alpine World Ski Championships – Après Avon Series Event Dates: February 3rd to February 14, 2015; 2:00 p.m. until 6:00 p.m. Location: Avon Pedestrian Mall Event Manager: Michael Welle The applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. Walking Mountains Science Center is applying for malt, vinous, spirituous liquor and fermented malt beverage (3.2% Beer) permit to serve/sell beverages at Avon Pedestrian Mall for the February 3rd to February 14th “2015 Alpine World Ski Championships – Après Avon Series Event”. The premise has been posted with notice of the public hearing for this application. The event manager will be present to answer questions about the application. There are local liquor licensing fees associated with the special event permit; the applicant has submitted the appropriate state & local fees. Special Events permits are issued by the Liquor Enforcement Division and the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Because of their temporary nature, needs and desires (reasonable requirements of the neighborhood) are not considered by the licensing authorities as a condition of issuance. Applications are made directly with the local licensing authority having jurisdictions over the place of the event. Article 48 of Title 12 regulates the issuance of special events permits. Note that these permits may only be issued for prescribed hours during the day and for not more than 15 days in any one calendar year. SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS: The applicants for the special events permit have submitted the following materials:  Application for a Special Events Permits (State form DR 8439)  Alcohol Management Plan  Diagram where liquor will be served  Certificate of Good Standing  Proof of Insurance  Police Report on Background Checks 4. ALB Memo Renewal 1-13-2015.docx REPORT TO AVON LIQUOR LICENSING AUTHORITY To: Avon Liquor Licensing Authority From: Debbie Hoppe, Town Clerk Date: January 13, 2015 Agenda topic: Renewal - Liquor Licensing Application The Town Council serving as the Avon Liquor Licensing Authority will consider the following Liquor License Applications for renewal at its Board meeting next week: RENEWAL OF LIQUOR LICENSE Applicant: Columbine Bakery, Inc. d/b/a Columbine Bakery Location: 51 Beaver Creek Place Type: Hotel and Restaurant Manager: Daniel Niederhauser Applicant: 7-Eleven, Inc. d/b/a 7-Eleven Store 34209 Location: 008 Nottingham Road Type: 3.2% Beer Off Premises Manager: Maria Portarescu Applicant: Miller’s Bottle Shop, LLC d/b/a Joe’s Liquors Location: 1060 W. Beaver Creek Blvd. Type: Liquor Store Manager: Scott Seitz Applicant: HCCL, LLC d/b/a Boxcar Location: 182 Avon Road, Suite 208 Type: Hotel and Restaurant Manager: Cara Loff Colorado Liquor Code, 12-47-302, provides for guidelines related to liquor licensing renewals; applications for the renewal of an existing license shall be made to the local licensing authority. The Town Clerk, Town Attorney, and Police Department have reviewed the application submitted and referenced above and the materials are in order. The Police Report results show the following information: Columbine Bakery, Inc. d/b/a Columbine Bakery: There have been no concerns or violations during the past year. 7-Eleven, Inc. d/b/a 7-Eleven Store 34209: There have been no concerns or violations during the past year. Miller’s Bottle Shop, LLC d/b/a Joe’s Liquors There have been no concerns or violations during the past year. 4. ALB Memo Renewal 1-13-2015.docx HCCL, LLC d/b/a Boxcar There have been no concerns or violations during the past year. The owners/managers have been invited to attend the Liquor Board meeting. During the liquor license renewal process, the Liquor Authority has broad discretion to consider any character issues related to the licensee holder at renewal in the same manner as granting a license. If there have been various types of behavior, such as failure to pay taxes and fraud, the courts have held these behaviors as a valid reason to find the applicant does not possess character. The Colorado Liquor Code §12-47-302 sets forth the local authority’s ability to hold a hearing on the application for renewal. It is also noted that a “yes or no action” only is required on renewals; there are no conditions that can be mandated in this process. Attachments:  State of Colorado Renewal Application Form  Avon Police Department Summary Reports TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, NOVEMBER 18, 2014 AVON TOWN HALL, ONE LAKE STREET 5. FINAL - ALB 11-18-2014 Minutes.docx Page 1 1. CALL TO ORDER AND ROLL CALL Mayor Carroll called the meeting to order at 5:02 p.m. A roll call was taken and Board members present were Dave Dantas, Chris Evans, Jennie Fancher, Matt Gennett, Buz Reynolds and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Director of Economic Initiatives Susan Fairweather, Planning Manager Matt Pielsticker, Executive Assistant Preston Neill and Town Clerk Debbie Hoppe as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT 4. MINUTES FROM NOVEMBER 11, 2014 Board member Evans moved to approve the Minutes from November 11, 2014; Vice Chairman Fancher seconded the motion and it passed unanimously with those present. 5. Adjournment There being no further business to come before the Board, the meeting adjourned at 5:05 pm. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ______________________________________ Jake Wolf ______________________________________ Matt Gennett ______________________________________ Megan Burch ______________________________________ Albert “Buz” Reynolds ______________________________________ Scott Prince ______________________________________ Sarah Smith Hymes ______________________________________ AVON URBAN RENEWAL AUTHORITY REPORT To: Honorable Chairperson Mayor Jennie Fancher and Avon URA Commissioners From: Scott Wright, Treasurer Date: January 7, 2015 Agenda Topic: Resolution No. 15-01 Deginating Locations for Posting the Notices of Public Meetings C.R.S. Section 24-6-402(2)(c) requires that the Authority’s posting places must be designated at the first regular meeting of the calendar year as part of Colorado’s “Open Meetings Law”. Resolution No. 15-01 is presented to satisfy this requirement whereby it identifies three public locations used for posting notices of the Avon Urban Renewal Authority’s public meetings in addition to the Town of Avon’s website. Staff Recommendation Staff recommends approving the resolution. Recommended Motion “Move to approve Resolution No. 15-01 Designating Locations for Posting the Notices of Public Meetings.” Exhibits and Attachments: Exhibit A – Resolution No. 15-01 AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 15-01 SERIES OF 2015 A RESOLUTION TO DESIGNATE A PUBLIC PLACE WITHIN THE BOUNDARIES OF THE AUTHORITY WHERE NOTICES OF MEETINGS OF THE AUTHORITY’S BOARD OF COMMISSIONERS SHALL BE POSTED WHEREAS, the Avon Urban Renewal Authority (the “Authority”) is a duly organized body corporate and politic under and by virtue of the laws of the State of Colorado including the Urban Renewal Law, constituting Part 1 of Article 25 of Title 31, Colorado Revised Statutes (“C.R.S.”); and WHEREAS, the Board of Commissioners of the Authority (the “Board”) is required by Section 24-6-402(2)(c), C.R.S., to designate the public place or places for posting notice of its meetings annually at the Board’s first regular meeting of each calendar year; and WHEREAS, the meeting of the Board on the date hereof represents the first regular meeting of the Board for calendar year 2015. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Notice of meetings of the Board required pursuant to Section 24-6-401, et seq., C.R.S. shall be posted within the boundaries of the Authority at least 24 hours prior to each meeting at the following locations: Avon Town Hall, One Lake Street Avon Recreation Center, 90 Lake Street Avon Public Library, 200 Benchmark Road Town of Avon Website @ www.avon.org ADOPTED this 13th day of January 2015. AVON URBAN RENEWAL AUTHORITY (SEAL) Jennie Fancher, Chairman ATTEST: Virginia Egger, Secretary CERTIFIED BY: Debbie, Hoppe, Authority Clerk EXHIBIT A TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR NOVEMBER 18, 2014 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL Chairman Carroll called the meeting to order at 5:12 PM. A roll call was taken and Authority members present were Jake Wolf, Buz Reynolds, Matt Gennett, Jennie Fancher, Chris Evans, and Dave Dantas. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Authority Clerk Debbie Hoppe, Treasurer Scott Wright and Assistant to Town Manager Preston Neill, as well as members of the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT There were no public comments made at this time. 4. APPROVAL OF MINUTES FROM NOVEMBER 11, 2014 MINUTES FROM NOVEMBER 11, 2014 URA MEETING (AUTHORITY CLERK DEBBIE HOPPE) Vice Chairman Jennie Fancher moved to approve the Minutes from November 11, 2014; Board member Wolf seconded the motion and it passed unanimously by those present. 5. ADJOURNMENT There being no further business to come before the Authority, the meeting adjourned at 5:15 PM. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Authority Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: January 6, 2015 Agenda Topic: Resolution No. 15-2, Approving Holy Cross Energy Underground Right-of-Way Easement Agreement and Trench, Conduit, and Vault Agreement on Tract G, Benchmark at Beaver Creek Subdivision, Avon, Colorado Summary: Resolution No. 15-2 (Exhibit A) presents an Underground Right-Of-Way Easement Agreement and a Trench, Conduit, and Vault Agreement between the Town of Avon and Holy Cross Energy for the Main Street Mall Project. Electrical power upgrades for special events at Possibilty Plaza required that additional primary electrical conductor and a new 3 Phase transformer be installed. The underground right-of-way easement agreement, attached as Exhibit B, and the trench, conduit, and vault agreement, attached as Exhibit C, are required to facilitate installation of facilities to provide electric power to meet the Town’s needs in this area. Discussion: The attached Agreements allow Holy Cross Energy the right of access to property to construct, repair, operate, and maintain underground and aboveground electric facilities. The Agreements also specify clearance requirements adjacent to aboveground electric facilities and any improvements including landscaping. Construction has been completed and the electrical system is operational. Holy Cross Energy provided the conduit, conductor, transformer, and labor to install at no charge to the Town. The Town Attorney has reviewed and approved the Agreements. Staff Recommendation Staff recommends Council approve Resolution No. 15-2, Holy Cross Energy Underground Right-of-Way Easement Agreement and Trench, Conduit, and Vault Agreement on Tract G, Benchmark at Beaver Creek Subdivision, Avon, Colorado Attachments: Exhibit A – Resolution No. 15-2 Exhibit B – Holy Cross Energy Underground Right-of –Way Easement Agreement Exhibit C – Holy Cross Energy Trench, Conduit, and Vault Agreement TOWN OF AVON RESOLUTION NO. 15-2 Series of 2015 A RESOLUTION APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT AGREEMENT AND TRENCH, CONDUIT, AND VAULT AGREEMENT AT MAIN STREET MALL, TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION, AVON, COLORADO WHEREAS, the Town of Avon (the “Town”) sought a cost estimate from Holy Cross Energy regarding the provision of underground and aboveground facilities for upgraded electric service to facilitate special events at Possibilities Plaza, and WHEREAS, Holy Cross Energy indicated that equipment, materials, and labor for the installation of the underground and aboveground facilities would be provided at no cost to the Town; and WHEREAS, facilities must be installed on Town owned land located on Tract G, Benchmark at Beaver Creek Subdivision, Avon, Colorado which requires the granting of an underground right- of-way easement agreement and trench, conduit, and vault agreement to Holy Cross Energy. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON THAT: The Town Council of the Town of Avon hereby approves the Underground Right-of-Way Easement Agreement and Trench, Conduit, and Vault Agreement on Tract G, Benchmark at Beaver Creek Subdivision, Avon, Colorado and authorizes the Mayor to sign the agreement granting an easement to Holy Cross Energy, attached hereto as Exhibit B, and the Trench, Conduit, and Vault Agreement, attached hereto as Exhibit C. ACCEPTED, APPROVED AND ADOPTED January 13th, 2015. AVON TOWN COUNCIL By:_________________________________ Jennie Fancher, Mayor By:________________________________ Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: January 7, 2015 Agenda Topic: Resolution No. 15-05 Designating Locations for Posting Notices of Public Meetings C.R.S. Section 24-6-402(2)(c) requires that a municipality’s posting places must be designated at the first regular meeting of the calendar year as part of Colorado’s “Open Meetings Law”. Resolution No. 15-05 is presented to satisfy this requirement whereby it identifies three public locations used for posting notices of Avon’s public meetings in addition to the Town’s website. Staff Recommendation Staff recommends approving the resolution. Recommended Motion “Move to approve Resolution No. 15-05 Designating Locations for Posting Notices of Public Meetings.” Exhibits and Attachments: Exhibit A – Resolution No. 15-05 TOWN OF AVON, COLORADO RESOLUTION NO. 15-05 SERIES OF 2015 RESOLUTION DESIGNATING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS Whereas, Local Public Bodies, including the Avon Town Council, are required by Subsection 24-6-402 (2)(c) C.R.S., to designate annually at the Town Council’s first regular meeting of each calendar year, the place at which notice will be posted at least 24 hours prior to each meeting. NOW, THEREFORE BE IT RESOLVED BY THE AVON TOWN COUNCIL AS FOLLOWS: Notice of meetings of the Town Council required pursuant to Section 24-6-401, et seq., C.R.S. shall be posted within the boundaries of the Town at least 24 hours prior to each meeting at the following locations: Avon Town Hall, One Lake Street Avon Recreation Center, 90 Lake Street, Avon Public Library, 200 Benchmark Road Town of Avon website @ www.avon.org ADOPTED THIS 13TH DAY OF JANUARY 2015. TOWN COUNCIL TOWN OF AVON, COLORADO _________________________ Jennie Fancher, Mayor Attest: ___________________________________ Debbie Hoppe, Town Clerk EXHIBIT A TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: January 7, 2015 Agenda Topic: Sherwood Meadows Unit 1-A Lease Agreement Background As you may know, the Town owns a 3 bedroom condominium unit at the Sherwood Meadows condominium complex located at 371 Nottingham Road. The unit was originally acquired in a purchase of eleven units in 1998 to serve as affordable rental units for transit bus drivers. Subsequently, in 2004 ten of the eleven units were sold. The Town retained Unit 1-A and it was subseqnetly used by the previous Town Manager until early 2012. In the fall of 2012, Acting Town Manager Patty McKenny provided Town Council with an analysis of the potential options of utilizing the unit, including its potential sale, and a range of comparable rental rates of similar aged and sized units. The average at that time was $1,800 / mo. Town Council, after a brief discussion, directed staff to move forward to leasing the unit, gving first priority to Town employees, and authorizing the Mayor to execute the lease. The unit was ultimately leased by Danita Chirichillo at a rate of $1,763,50 plus utilities and has been occupied by Danita since since January 1, 2013. Staff Recommendation Staff recommends the Town Council authorize staff to renew the Sherwood Meadows Unit 1-A lease agreement with Danita Chirichillo for an additional two-year term beginning January 1, 2015 and ending December 31, 2017 at a monthly rate of $1,763.50 with no other changes to the terms of the lease, and authorize the Mayor to execute such lease. Recommended Motion Move to renew the Sherwood Meadows Unit 1-A lease agreement with Danita Chirichillo and authorize the Mayor to execute said lease. Exhibits and Attachments: Exhibit A – Sherwood Meadows Unit 1-A Lease Agreement Sherwood Meadows Unit 1-A Lease Agreement THIS LEASE AGREEMENT ("Lease") made and entered into on January 1, 2015, by and between the Town of Avon, a Colorado home rule municipal corporation, ("Landlord") and Danita Chirichillo, ("Tenant"). WITNESSETH: 1. PREMISES. In consideration for payment of the Rent and the performance of the promises by Tenant set forth below, the Landlord leases to Tenant the following described residence, with all the appurtenances: a residence at Sherwood Meadows Unit 1-A, 371 Nottingham Road, Avon, Colorado ("Premises"). 2. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto, for a term of two (2) years ("Term"), such Term beginning at noon on January 1, 2015, and ending at noon on December 31, 2016. Tenant may terminate this Lease by providing at least forty-five (45) days prior written notice to Town. 3. RENT. The total annual rent for the term hereof is the sum of TWENTY THOUSAND ONE HUNDRED AND SIXTY TWO DOLLARS ($21,162.00) payable in equal installments of ONE THOUSAND SEVEN HUNDRED AND SIXTY-THREE DOLLARS AND FIFTY CENTS ($1,763.50) on the first day of each month of the Term. All such payments shall be made to Landlord at the following address: Town of Avon, P.O. Box 975, One Lake Street, Avon Colorado 81620. 4. DAMAGE DEPOSIT. No damage deposit is required. 5. USE OF PREMISES. The Premises shall be used and occupied by Tenant for use by Tenant and any number of persons related to Tenant by blood, marriage, adoption, guardianship or other duly authorized custodial relationship. Tenant shall not allow additional persons to use or occupy the Premises without first obtaining Landlord's written consent to such use, provided that this paragraph shall not restrict the customary and accessory use of Premises by guests of the Tenant. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. 6. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that the Premises is at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. 7. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Lease, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub- EXHIBIT A letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Lease. 8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Lease. 9. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease Term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the leasehold possession of the Premises on that date in accordance with the terms of this Lease and pay the rent herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Lease and all rights hereunder shall terminate. 10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 11. UTILITIES. Tenant is responsible for arranging for and paying for all utility services required on Premises. Tenant will contact any and all utility providers to arrange for transfer service to Tenant's name within one (1) week of the commencement of the Lease Term. Landlord shall pay the homeowners association dues. 12. MAINTENANCE AND REPAIR; RULES. Landlord will, at its sole expense, maintain and repair the Premises and appurtenances in good and sanitary condition during the Term of this Lease and any renewal thereof. This paragraph shall not apply to damage or excessive wear and tear which is caused by negligent acts of Tenant. The Tenant shall contact the Town of Avon Finance and Administration Department with any notices, concerns or requests related to the Landlord's obligations under this paragraph. 13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Lease shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged EXHIBIT A portion or terminating this Lease. In the event that Landlord exercises its right to repair such whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Lease continue according to its terms. 14. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the Term of this Lease and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon and for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord shall provide at least twenty-four (24) hours prior notice to Tenant before entering the Premises for the purpose of inspecting the Premises unless emergency circumstances require immediate inspection, in which case Landlord shall exercise best efforts to notify Tenant prior to such emergency inspection. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this Lease or to any restrictions, rules or regulations affecting the Premises. 15. SUBORDINATION OF LEASE. This Lease and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 16. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Lease, a new tenancy from month-to- month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at ONE THOUSAND SEVEN HUNDRED AND SIXTY-THREE DOLLARS AND FIFTY CENTS ($1,763.50) per month and except that such tenancy shall be terminable upon fifteen (15) days written notice served by either party. 17. SURRENDER OF PREMISES. Upon the expiration of the Term hereof, Tenant shall surrender the Premises in as good a state and condition as it was at the commencement of this Lease, except reasonable wear and damages by the elements to the Premises. 18. PETS. Tenant shall be entitled to keep domestic pets on the Premises. 19. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the Term hereof. EXHIBIT A 20. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 21. DEFAULT. If Tenant fails to comply with any of the material provisions of this Lease, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, then Landlord may terminate this Lease no sooner than seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, then Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable; may exercise any and all rights and remedies available to Landlord at law or in equity; may immediately terminate this Lease, provided that all terms concerning amounts due to Landlord and Landlord's rights to recover such amounts and costs of collection shall survive such termination; and, may seek to relet the Premises to a new tenant provided that Tenant's rent payment obligations to Landlord may be reduced if the Premises is relet in the same manner as described in Paragraph 23. ABANDONMENT below. 22. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made on the 5th day of the month when due (in the case of holdover), Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of TWENTY-FIVE DOLLARS ($25.00). 23. ABANDONMENT. If at any time during the Term of this Lease Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired Term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired Term, if this Lease had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 24. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including reasonable attorneys' fees. EXHIBIT A 25. RECORDING OF LEASE. Tenant shall not record this Lease on the Public Records of any public office. In the event that Tenant shall record this Lease, this Lease shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 26. GOVERNING LAW. This Lease shall be governed, construed and interpreted by, through and under the Laws of the State of Colorado. 27. SEVERABILITY. If any provision of this Lease or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Lease nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 28. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 30. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 31. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Lease shall affect Tenant's duties and liabilities hereunder. 32. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Lease shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 33. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord: Town of Avon P.O. Box 975 One Lake Street Avon, CO 81620 If to Tenant: Danita Chirichillo 371 Nottingham Road, Unit 1-A Avon, CO 81620 EXHIBIT A Landlord and Tenant shall each have the right from time to time to change the notice address under this paragraph by providing written notice of such change to the other party. 34. EMPLOYMENT BY TOWN. Tenant must remain in good standing for performance with the Town pursuant to the Town's human resources policies. If the Tenant, for any reason, is no longer employed by Landlord then this Lease will terminate in sixty (60) days of non- employment by Tenant with Town and Tenant shall vacate the Premises within sixty (60) days. Town may deduct amounts due to the Town under this Lease from Tenant's payroll payments from Town upon resignation, discontinuance or termination Tenant's employment with Town if Tenant is in default of this Lease. 35. DEDUCTION FROM PAYROLL. Town may deduct from Town's payroll payments to Tenant the following items: (1) costs for repair of any damage to the Premises caused by Tenant or Tenant's invitees; (2) late payments along with penalties and interest which are more than sixty (60) days in arrears; and, (3) any and all costs incurred by Town related to collection and enforcement of Lease upon default by Tenant. LEASE READ, UNDERSTOOD, AGREED AND EXECUTED: TOWN OF AVON as LANDLORD: By: __________________________Date:_________ Jennie Fancher, Mayor Attest: __________________________Date:___________ Debbie Hoppe, Town Clerk TENANT By: __________________________Date:__________ Danita Chirichillo EXHIBIT A TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: January 7, 2015 Agenda Topic: 2014 Audit Engagement Letter An engagement letter with McMahan and Associates for the 2014 calendar year audit is included in the Town’s consent agenda. The engagement letter is in the standard form recommended by the AICPA for local government engagements. The 2014 audit will be billed to the Town based on actual hours spent at standard rates with an estimated fee of $26,392. This is a reduction in cost from the previous year’s fee of $26,392 due to last year’s requirement of having a Single Audit performed which is not required this year. Staff Recommendation Staff recommends approval of the 2014 Audit Engagement Letter with McMahan and Associates by Council motion. Recommended Motion Move to approve the 2014 Audit Engagement Letter with McMahan and Associates, LLC. Exhibits and Attachments: A – 2014 Audit Engagement Letter TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY DECEMBER 9, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 12-9-2014 Minutes.doc Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:07 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Buz Reynolds and Megan Burch. Matt Gennett was absent. Also present were Town Manager Virginia Egger, Assistant Town Manager Scott Wright, Town Attorney Eric Heil, Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Mayor Fancher asked that Item 4.4 Council Action on Case No. 14CW3022 - Nottingham Reservoir Water Court Filing be moved to executive session. Council agreed to the change. 3. PUBLIC COMMENT 4. ACTION ITEMS 4.1. RESOLUTION NO. 14-32, SERIES OF 2014, RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2014, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE T OWN OF AVON, COLORADO, FOR THE 2015 BUDGET YEAR (BUDGET ANALYST KELLY HUITT) Councilor Burch moved to approve Resolution No. 14-32, Series of 2014, Resolution Levying General Property Taxes for the Year 2014, to help defray the costs of Government for the Town of Avon, Colorado, for the 2015 Budget Year; Councilor Wolf seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.2 RESOLUTION NO. 14-33, SERIES OF 2014, RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2014, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1, AVON, COLORADO FOR THE 2015 BUDGET YEAR (BUDGET ANALYST KELLY H UITT) Councilor Burch moved to approve Resolution No. 14-33, Series of 2014, Resolution Levying General Property Taxes for the Year 2014, to help defray the costs of Government for the Town of Avon General Improvement District No. 1, Avon, Colorado for the 2015 Budget Year; Councilor Reynolds seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.3. FIRST READING OF ORDINANCE NO. 14-20 DESIGNATING THE MANNER AND MEDIUM OF POSTING AND PUBLISHING ORDINANCES IN ACCORDANCE WITH SECTION 6.7 OF THE AVON HOME RULE CHARTER (TOWN ATTORNEY ERIC HEIL) Councilor Wolf moved to approve ORDINANCE NO. 14-20 Designating the Manner and Medium of Posting and Publishing Ordinances in Accordance with Section 6.7 of the Avon Home Rule Charter; Councilor Reynolds seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.4. COUNCIL ACTION ON CASE NO. 14CW3022 - NOTTINGHAM RESERVOIR WATER COURT FILING (TOWN ATTORNEY ERIC HEIL) 4.5. APPOINTMENT OF MUNICIPAL JUDGE (TOWN CLERK DEBBIE HOPPE) TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY DECEMBER 9, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 12-9-2014 Minutes.doc Page 2 Councilor Reynolds moved to approve Resolution 14-36 changing the now, therefore be it resolved for a period of 6 years until 2020; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. Mayor Pro Tem Wolf recused himself. 4.6. APPROVAL OF 2015 REGULAR MEETING SCHEDULE (TOWN MANAGER VIRGINIA EGGER) Councilor Prince moved to approve the 2015 Regular Meeting Schedule; C ouncilor Reynolds seconded the motion and it passed unanimously by those present. Councilor Gennett was absent 4.7. APPOINTMENT TO BOARDS, COMMITTEES AND C OMMISSIONS (TOWN MANAGER VIRGINIA EGGER) Mayor Fancher moved to elect Councilor Smith Hymes as the primary representative for the Upper Eagle Regional Water Authority and Todd Goulding to remain the alternate; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. Council unanimously appointed Mayor Pro Tem Wolf as the primary representative for the Eagle County Regional Transportation Authority & Eagle County Regional Trails (ECO). Town Manager Virginia Egger will be the alternate. Council unanimously appointed Councilor Burch as the primary representative for the Eaglebend, Kayak Crossing & Buffalo Ridge Housing Corporations. Town Manager Virginia Egger will be the alternate. Council unanimously appointed Mayor Pro Tem Wolf to remain as the primary representative for Public Access TV Channel 5. Council unanimously appointed Councilor Gennett as the primary representative for the Colorado Municipal League Policy Committee. Mayor Pro Tem Wolf will be the alternate. Council unanimously appointed Mayor Fancher as the primary representative for the Colorado Association of Ski Towns. Councilor Smith Hymes and Town Manager Virginia Egger will be the alternates. Council unanimously appointed Councilor Smith Hymes as the primary representative for the I-70 Coalition. Council unanimously appointed Town Manager Virginia Egger as the primary representative for the EGE Air Alliance. Council unanimously appointed Mayor Fancher as the primary representative for the VVP Economic Development Leadership Council. Councilor Prince will be the alternate. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY DECEMBER 9, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 12-9-2014 Minutes.doc Page 3 Council unanimously appointed Councilor Prince as the primary representative for the Vail Valley Mountain Bike Association. Councilor Gennett is the alternate. Beaver Creek Resort Committee has been eliminated from the list. Council did not formally appoint a representative for the Traer Creek Metro District & Traer Creek LLC. Council unanimously appointed Councilor Prince as the primary representative for the Eagle County Home Buyer Assistance Committee. 4.8. RESOLUTION NO. 14-37, SERIES OF 2014, RESOLUTION DELEGATING AUTHORITY TO THE APPOINT ELECTION JUDGES TO THE AVON TOWN CLERK FOR THE JANUARY 20, 2015, SPECIAL ELECTION (TOWN CLERK DEBBIE HOPPE) Councilor Smith Hymes moved to approve Resolution No. 14-37, Series of 2014, Resolution Delegating Authority to the appoint election judges to the Avon Town Clerk for the January 20, 2015, Special Election; Councilor Wolf seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 4.9. MINUTES FROM NOVEMBER 18 , 2014 MEETING (TOWN CLERK DEBBIE HOPPE) Mayor Pro Tem Wolf moved to approve the Minutes from November 18, 2014; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 5. WORK SESSION 5.1. REVIEW OF AND DIRECTION ON THE 2014-16 E CONOMIC DEVELOPMENT P ROGRAM (DIRECTOR OF ECONOMIC DEVELOPMENT INITIATIVES SUSAN FAIRWEATHER) Michael Caccioppo and Robert Mach commented. 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1. PAVILION UPDATE (MAYOR P RO TEM WOLF) 6.2. APRÈS AVON UPDATE (MAYOR PRO TEM WOLF) 7. MAYOR AND COUNCIL COMMENTS 8. WRITTEN REPORTS 8.1. NOVEMBER 2014 FINANCIAL REPORT 8.2. TOWN COUNCIL AND TOWN MANAGER REPORTING OF GIFTS RECEIVED OVER $50.00 IN VALUE 9. EXECUTIVE SESSION - EXECUTIVE SESSION TO DISCUSS THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST UNDER C.R.S. §24-6-402(2)(A); FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6 -402(2)(B); AND, FOR THE PURPOSE OF TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY DECEMBER 9, 2014 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 12-9-2014 Minutes.doc Page 4 DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) Mayor Pro Tem Wolf moved to meet in Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice on Case No. 14 CW 3022 (Nottingham Reservoir Water Court Filing) under C.R.S. §24-6-402(2)(b). Executive Session to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. §24-6 -402(2)(a); for a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S. §24-6-402(2)(b); and, for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. §24-6-402(2)(e). Councilor Reynolds seconded the motion and it passed unanimously. The time was 7:57 pm. Executive Session ended at 9:25 p.m. and Council reconvened into Regular Session. Council reconvened into regular session at 9:26 p.m. 10. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:40 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ord. No. 14-20 Designating the Manner and Medium of Publishing and Posting Ordinances DATE: January 7, 2015 Summary: Ordinance No. 14-20 is presented to Council for second and final reading. Council approved first reading on December 9, 2014. A public hearing is required for second and final reading. Ordinance No. 14-20 would codify the Town’s long time practice of posting notice of ordinance adoption by title only. The Avon Home Rule Charter Section 6.7 states that Ordinances shall be published or posted in the manner and medium prescribed by Council. Although the Town’s standard ordinance form includes provisions that prescribe the manner and medium of publishing and posting ordinances, Town’s bond counsel recently requested the Town to publish its bond authorization ordinances in full in the newspaper of general circulation. This ordinance is administrative house keeping to clarify and codify the Town’s past practices of posting and publishing ordinances by title only. Ord. No. 14-20 would require posting a notice of adoption on first reading of an ordinance by title only at the Avon Town Hall, Avon Recreation Center and Avon Library and would require posting and publishing notice of adoption on second and final reading. In addition to the minimal legal posting and publishing requirements set forth by this ordinance, notice is also given generally in the posting and publication of Town Council’s meeting agendas. Proposed Motion: “I move to approve second and final reading of Ordinance No. 14-20 AN ORDINANCE AMENDING TITLE 1 TO DESIGNATE THE MANNER AND MEDIUM OF PUBLISHING AND POSTING ORDINANCES” Thank you, Eric Attachment: Ordinance No. 14-20 M EMORANDUM & PLANNING, LLC Page 1 of 3 Ord No. 14-20 Amending Title 1 AMC Publishing and Posting Ordinances TOWN OF AVON, COLORADO ORDINANCE 14-20 SERIES of 2014 AN ORDINANCE AMENDING TITLE 1 OF THE AVON MUNICIPAL CODE TO DESIGNATE THE MANNER AND MEDIUM OF PUBLISHING AND POSTING ORDINANCES WHEREAS, the Avon Home Rule Charter states, “Section 6.7 Publication of Ordinances. Ordinances shall be published or posted in the manner and medium prescribed by Council by ordinance.”; and, WHEREAS, the Town Council desires to adopt an ordinance to designate the manner and medium of publishing and posting ordinances and codify such designation in the Avon Municipal Code; and, WHEREAS, the Town Council of the Town of Avon finds that designation of the manner and medium of publishing and posting ordinances shall promote the efficiency of Town administration and will thereby promote the health safety and welfare of the Avon community; and, WHEREAS, the Town Council of the Town of Avon conducted a public hearing for second and final reading on January 13, 2014 in accordance with Section 6.5 of the Avon Home Rule Charter; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and 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, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Title 1 General Provisions. Title 1, is amended by adding a new Chapter 1.16 Publishing and Posting Ordinances which shall read as follows: CHAPTER 1.16 Publishing and Posting Ordinances Page 2 of 3 Ord No. 14-20 Amending Title 1 AMC Publishing and Posting Ordinances 1.16.010 Publishing and Posting Requirements. All ordinances shall be published and posted in the manner and medium as set forth herein. (a) Prior to First Reading. Notice of consideration of an ordinance is not required to be published or posted prior to first reading. (b) After First Reading. Upon adoption of an ordinance on first reading notice shall be given by posting a notice that the ordinance was adopted on first reading at the Avon Town Hall, Avon Recreation Center and Avon Library, and such notice shall state the title only of the ordinance, any penalty provisions, the time, date and place of a public hearing for second reading, and shall state that the full text of the ordinance is available for inspection at the Avon Town Hall during normal business hours and on the Town of Avon’s official website. Publication of the notice in a newspaper of general circulation in the Town of Avon of adoption of an ordinance on first reading is not required. (c) After Second and Final Reading. Upon adoption of an ordinance on second and final reading notice shall be given by posting a notice at the Avon Town Hall, Avon Recreation Center and Avon Library and publishing a notice in a newspaper of general circulation in the Town of Avon, and such notice state the title only of the ordinance, any penalty provisions and shall state that the full text of the ordinance is available for inspection at the Avon Town Hall during normal business hours and on the Town of Avon’s official website. Section 3. Correction of Errors. 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 topographical 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 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Page 3 of 3 Ord No. 14-20 Amending Title 1 AMC Publishing and Posting Ordinances Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall, Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on December 9, 2014 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on January 13, 2015, at 5:30 P.M., or as soon thereafter as possible, in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. ____________________________ Jennie Fancher, Mayor Notice of adoption of first reading posted at least six days prior to final action by the Town Council. ATTEST: ____________________________ Debbie Hoppe, Town Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on January 13, 2015. ____________________________ Jennie Fancher, Mayor Notice of adoption on second and final reading posted and published. ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric Heil, Town Attorney PAGE 1 OF 5 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Eric Heil, Town Attorney Preston Neill, Executive Assistant to the Town Manager Virginia C. Egger, Town Manager Date: January 13, 2015 Agenda Topic: Review and Policy Direction for Amending the Avon Municipal Code Chapters 1.04 Definitions, 3.12 Real Estate Transfer Tax, 5.04 Business Licenses, and 5.16 Peddlers, including Short Term Renters, Vendors and Solicitors SUMMARY: This memorandum describes potential amendments to the Avon Municipal Code concerning Real Estate Transfer Tax exemption applications, Business Licenses, and potential regulations for mobile vendor carts. The description of potential amendments proposed by Town staff, and specific policy issues, for which Council direction is sought, are detailed below. Based on direction from the Town Council Work Session, Town staff will prepare first reading of an ordinance to amend the Avon Municipal Code for the January 27, 2015, Avon Town Council regular meeting. PROPOSED AMENDMENTS TO CHAPTER 3.12 REAL ESTATE TRANSFER TAX: Policy Issue: The current RETT regulations allow an exemption for the first $160,000 on acquisition of a primary residence, thus allow $3,200 in RETT relief. This exemption is for the purpose of facilitating housing for primary residences. Due to TABOR (Taxpayer Bill of Rights in the Colorado Constitution), the Town cannot enact any new real estate transfer tax or expand the existing real estate transfer tax, even with voter approval. Any exemption or reduction of the RETT tax cannot be undone under the current constitutional language. The Town may amend the RETT regulations with regard to administration and clarification for interpretation provided that such amendment does not constitute a tax policy change that increases taxes. Due to questions that have arisen over the last couple years, specific amendments are proposed by Town staff to the Avon Municipal Code (AMC): AMC 3.12.020 – add a definition of Primary Residence which incorporates elements from the State election code for establishing primary residence (i.e. voter registration in Avon, address on Colorado Driver’s license, etc.); clarify requirement to occupy and use the home as a primary residence within 30 days of transfer; and, allow the Town Manager to extend the deadline to occupy a home for an additional 90 days. AMC 3.12.060(16) – clarification that this section provides an exemption for the first $160,000 for acquisition of a primary residence that applies to subsequent acquisitions of a primary residence after claiming an exemption for the first acquisition of a primary residence under AMC 3.12.060(15). The reference to the applicable eligibility criteria in the existing language is awkward. AMC 3.12.070(a) – clarify that applications for exemption for low and moderate income housing projects must be submitted prior to the transfer of property. PAGE 2 OF 5 AMC 3.12.140 – improve language regarding refunds of tax paid in error, clarify that failure to file a timely RETT exemption application does not constitute error, and delete section which states failure of Town Manager to approve refund application within 10 days results in an automatic approval. PROPOSED AMENDMENTS TO 5.04 BUSINESS REGISTRATION AND 5.16 PEDDLER AND SOLICITOR: The primary purpose of proposed amendments to Chapters 5.04 and 5.16 is to shift the administration of business licenses from the Town Clerk to the Finance Department. Also, Town staff is proposing consolidating the Peddler and Solicitor regulations with Business License regulations. Specific changes proposed by Town staff include adding a specific section to require every property owner providing a short term rental to obtain a business license prior to advertising the short term rental, and designate as a violation advertising short term rentals without a business license. PROPOSED AMENDMENT TO ALLOW MOBILE VENDOR CARTS: Background The adopted 2015-16 Strategic Plan, Economic Development includes an action item to develop: “Town legislation to allow vendors on the Pedestrian Mall; with preference for local businesses.” The strategy is intended to bring activity to the recently completed Main Street Mall and allow expanded small business opportunity. The purpose of Tuesday’s Work Session is for Council to determine if vendors should be allowed on public and/or private property within the Town’s core, and, if so, to provide policy direction for appropriate processes and regulations. To meet this objective, staff has researched the vending ordinances of several mountain communities, including Aspen, Breckenridge, Dillon, Frisco, Ketchum, ID and Telluride, to identify whether these municipalities allow vending carts on public and/or private property. Additionally, the research identified code provisions which regulate vendors. In researching vending, staff recommends that only mobile vending (in essence smaller sized, wheeled carts) be considered at this time. We found that municipalities also are regulating other vending types, including food trucks and permanently-fixed vendor carts, but feel beginning with mobile vendor carts will allow Avon some time to assess the market interest and management of this new business permitting. We have included, therefore, only information on mobile vendor carts. If Council wishes to consider other types of vending at this time, that work can be completed. The following schedule details the process for permitting mobile vender carts, if summer vending is desired. Staff acknowledges the importance of a good public outreach program in this process. January 13th Policy Direction on Development of a Vending Ordinance January 27th First Reading of the Ordinance February 24th Public Hearing Second Reading of the Ordinance March 15th Solicitation of Applications April 15th Application Deadline May 15th Selection and Licensing of Vendor Carts June 15th Vending Commences PAGE 3 OF 5 General Summary of Municipal Vending Ordinances City of Aspen, Colorado: Municipal Code: Section 15.04.350 Vending on public parks and right-of-way is prohibited. The City of Aspen only allows vendors for special events and famers’ markets. Town of Breckenridge, Colorado: Municipal Code: Section 9-1-19-49A Vending on public property and rights-of-way is not allowed. Large and small vendor carts are permitted only in those land use districts where commercial uses are an allowed or recommended land use. Vending is allowed on private property. Town of Dillon, Colorado: Municipal Code: N/A There are no sections in Dillon’s municipal code that address vending. Vending is prohibited in all facets, unless a special event or farmers’ market. Town of Frisco, Colorado: Municipal Code: Zoning Section 180.27 Outdoor commercial establishments are allowed on public property and rights-of-way. City of Ketchum, Idaho: Municipal Code: Chapter 5.16 Vending on public property and rights-of-way is prohibited. Vending is allowed on private property. Town of Telluride, Colorado: Municipal Code: Section 6-4-10 Vending is allowed on public property, rights-of-way and private property. Substantive Regulatory Provisions Several substantive regulatory codes were analyzed in each of the vending ordinances received and have provided valuable information on which to build Avon’s rules. The following list identifies the regulatory provisions for which staff seeks Council direction. Selection/Approval Process The majority of the vending ordinances that were researched addressed a selection and approval process, including a complete set of review criteria for a vendor permit or license. For example, the Town of Telluride requires an application, complete with a drawing of the proposed display apparatus and proposed signage. The completed application is reviewed and approved or denied administratively. The following factors are considered in the review process, which are also common in other communities researched: • Diversity of offered food, goods, wares, merchandise or services • The number of years the applicant has lawfully vended on public property in the Town • Appearance, quality, safety and attractiveness of the display apparatus • Compliance report review • Years that applications are submitted but not granted The application of the criteria can be done with a point system or more subjectively. Town staff recommends review criteria as outlined above, with administrative review and approval or denial PAGE 4 OF 5 action. Staff also recommends a regulatory code be included regarding the revocation of a vending license/permit. Most importantly, staff recommends an initial period be allowed for Town of Avon existing brick-and- mortar businesses to have the first right of application and vendor license approval. After this period, if available locations remain, the vending permit application process can be opened up to other interested parties. This tiered approach will allow existing businesses that have already invested in the Avon community the first opportunity for a vendor license. Types of Vendors Mobile vendors in the researched municipalities allow a range of mobile cart products, including food, goods, wares, merchandise and services. Staff recommends the same types of vendor carts be allowed in the suggested locations within the Town except for “services”. License(s), Fees and Length of License The City of Ketchum offers three (3) different vendor licenses: • Annual vendor’s license ($750.00) - Valid for a period of one year from the date of issuance. • Summer seasonal vendor’s license ($500.00) – Valid for the consecutive six (6) month time period of May 1 to October 31. • Winter seasonal vendor’s license ($500.00) – Valid for the consecutive six (6) month time period of November 1 to April 30. To run a vendor cart in the Town of Telluride, a vendor permit is needed. The application fee is $10.00 and there are two (2) vendor permits to choose from: • Summer season ($500.00) – May 15 through October 14 • Winter season ($250.00) – October 15 through May 14 Staff recommends the implementation of seasonal vendor licenses with associated fees, as well as an application fee, in the ranges proposed above. Staff will, however, take the time to more fully estimate the cost of administration for the program to assist in setting the fees. Locations and Number of Mobile Vendor Carts The Town of Frisco’s vending ordinance states that the Town Council approves any and all locations for vendor carts within the right-of-way, while the Town of Telluride has established that sites for vendor carts are approved and assigned by a vending subcommittee. Regarding the number of vendors, the Town of Frisco mandates that there shall be no more than one mobile vendor per each Main Street block. In addition, Frisco’s ordinance states that the issuance of an Outdoor Commercial Establishment license shall be on a first come first serve basis. The City of Ketchum’s vending ordinance states that vending locations shall be determined by the administrator based upon the availability of space, the congestion which may result and other factors related to the public health, safety and welfare Staff recommends that the number of vendor carts be set by the Town Council, and the vendor cart locations also be established by Council, with the Town Manager having the ability to modify the location within a reasonable distance: • Exhibit A presents a map of suggested mobile vendor cart locations on the Main Street Mall. A total of five (5) carts are being recommended. PAGE 5 OF 5 • Exhibit B identifies which is a map of suggested vendor cart locations in the commercial core: one (1) near Avon Station on Benchmark Road and one (1) at Kayak Park along the riverfront – both are on Town property. Exhibit B also delineates commercial core areas where staff recommends the opportunity for private property owners to request vendor cart placement. The same regulatory criteria would apply, but no maximum number would be established. The HOA would also, if required, also have to provide approval. Mobile Vendor Cart General Design Standards Vendor regulations typically include design regulation for the vendor cart. The purpose is to set minimum standards so that vendor carts positively contribute to the public pedestrian space. The list below gives examples of some of the observed design standards: • A mobile vendor cart must be no larger than three (3) feet in width, five (5) feet in length and seven (7) feet in height, excluding umbrellas and other similar devices. • The cart would be limited to a maximum of ten (10) square feet of signage, including any banners, and such signage may not be affixed to any building. • Vendor carts shall be removed from public property at the end of each working day except in extraordinary circumstances and with prior written approval of the Town. • Dogs may not be hitched to the vendor cart. • The use of tents is prohibited. • The use of generators is prohibited Staff recommends general design standards should be adopted by Council and recommends that design review of specific applications is part of the administrative review process. The provisions above are recommended for incorporation. Regulations regarding Services Provided The majority of the vending ordinances that were researched mentioned disposing of trash and debris generated by the vendor cart on a regular basis. In particular, the Town of Telluride states that applicants must provide a written plan for disposal of trash generated by the business or pay, in advance, a Town trash fee of forty dollars ($40.00) per month for pick-up of trash from nearby public containers. Staff recommends the inclusion of a provision regarding area maintenance, emphasizing the importance and necessity of keeping the immediate area surrounding the permitted area and display apparatus in a neat, clean and hazard-free condition. Miscellaneous Any vendor cart license would also include minimum insurance requirements, indemnification of the Town, repair of damages to Town property, no waiver of governmental immunity and other standard legal terms contained in the Town’s form license agreement. Attached: Exhibit A – Vendor Cart Suggested Locations on Main Street Mall Exhibit B – Vendor Cart Suggested Locations in Commercial Core and Private Property