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TC Council Packet 06-09-2015 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 9, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:10 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS MAYOR JENNIE FANCHER MAYOR PRO TEM JAKE WOLF COUNCILORS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2) REGULAR MEETING BEGINS AT 5:10 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT –COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. ACTION ITEMS 4.1. ACTION ON MEMORANDUM OF AGREEMENT REGARDING COST SHARING FOR PROGRAMMING, DESIGN AND PRE- CONSTRUCTION MANAGEMENT OF A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT (TOWN ATTORNEY ERIC HEIL) 4.2. ACTION ON AN AGREEMENT TO RETAIN DAVIS PARTNERSHIP GROUP FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR A JOINT POLICE AND FIRE PUBLIC SAFETY BUILDING (TOWN ATTORNEY ERIC HEIL) 4.3. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 15-07, AMENDING CHAPTER 5.24, SECTION 9.12.080 AND CHAPTER 9.40 OF THE AVON MUNICIPAL CODE AND REPEALING RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN PROPERTY AND PROHIBITING SMOKING IN PARKS, OPEN SPACE AND THE MAIN STREET MALL (TOWN ATTORNEY ERIC HEIL) 4.4. MINUTES FROM MAY 26, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) 5. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 5.1. UERWA UPDATE (COUNCILOR SARAH SMITH-HYMES) 5.2. EAGLE COUNTY CLIMATE CHANGE PRESENTATION (COUNCILOR SARAH SMITH-HYMES) 6. MAYOR & COUNCIL COMMENTS 7. WRITTEN REPORTS 8. EXECUTIVE SESSION (THIS SESSION IS NOT OPEN TO THE PUBLIC) 8.1. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6- 402(2)(B) AND FOR DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24-6-402(2)(F) CONCERNING THE TOWN MANAGER INQUIRY 9. ADJOURNMENT _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 1 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 9, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:10 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: BRAVO! VAIL EVENT NAME: BRAVO! VAIL SOIREE EVENT DATE: JULY 27, 2015; 11:00 AM UNTIL 11:00 PM LOCATION: 108 PRIMROSE EVENT MANAGER: DARCY GILES PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: YERF, LLC D/B/A TICINO ITALIAN RESTAURANT LOCATION: 100 W. BEAVER CREEK BLVD. #127 TYPE: HOTEL & RESTAURANT MANAGER: CHARLES FREY 6. MINUTES FROM MAY 26, 2015 7. ADJOURNMENT _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 2 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MAY 26, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL Chairman Fancher called the meeting to order at 5:04 p.m. A roll call was taken and Board members present were Jake Wolf, Megan Burch, Matt Gennett, Scott Prince, Buz Reynolds and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Executive Assistant Preston Neill and Town Clerk Debbie Hoppe, as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. Applicant Name: Eagle Valley Humane Society Event Name: Salute to U.S.A. Event Date: July 3, 2015; 4:00 pm until 10:30 pm Location: Nottingham Lake Event Manager: Char Gonsenica Permit Type: Malt, Vinous & Spirituous Liquor The application was presented by Char Gonsenica. Board member Gennett moved to approve the Eagle Valley Humane Society Special Event Permit; Board member Reynolds seconded the motion and it passed unanimously with those present. 4.2. Applicant Name: Walking Mountains Science Center Event Name: Taste of Nature Gala Event Date: July 7, 2015 Location: Walking Mountains Science center Event Manager: Gina Garrett Permit Type: Malt, Vinous & Spirituous Liquor The application was presented by Gina Garrett. Board member Reynolds moved to approve the Walking Mountains Science Center Special Event Permit; Board member Smith Hymes seconded the motion and it passed unanimously with those present. 4.3. Applicant Name: Team Evergreen Bicycling Club Event Name: Triple Bypass Bicycle Ride Event Date: July 11, 2015 Location: Nottingham Lake Park – Upper Soccer Field Event Manager: Jennifer Anderson Permit Type: Malt, Vinous & Spirituous Liquor The application was presented by Jennifer Anderson. Board member Gennett moved to approve the Team Evergreen Bicycling Club Special Event Permit; Board member Prince seconded the motion and it passed unanimously with those present. LA 05-26-2015 Minutes Page 1 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MAY 26, 2015 AVON TOWN HALL, ONE LAKE STREET 5. RENEWAL OF LIQUOR LICENSES 5.1. Applicant: TCF 1, LLC d/b/a Castle Peak Grill Location: 0101 Fawcett Road #100 Type: Hotel & Restaurant Manager: Dan Leary Vice Chairman Wolf moved to approve the Hotel & Restaurant License for TCF 1, LLC d/b/a Castle Peak Grill; Board member Gennett seconded the motion and it passes unanimously by those present. 6. MINUTES FROM MAY 12, 2015 Board member Reynolds moved to approve the Minutes from May 12, 2015; Board member Gennett seconded the motion and it passed unanimously with those present. 7. Adjournment There being no further business to come before the Board, the meeting adjourned at 5:12 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ______________________________________ Jake Wolf ______________________________________ Matt Gennett ______________________________________ Megan Burch ______________________________________ Albert “Buz” Reynolds ______________________________________ Scott Prince ______________________________________ Sarah Smith Hymes ______________________________________ LA 05-26-2015 Minutes Page 2   Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Memorandum of Agreement for Cost Sharing for Pre-Construction Design of the Joint Public Safety Facility DATE: June 4, 2015 SUMMARY: Presented for Council consideration is a Memorandum of Agreement and for Cost Sharing (“MOA”) related to the Joint Fire-Policy Public Safety Facility. Associated with this MOA is the accompanying memorandum requesting approval of a Notice of Award for Davis Partnership Architects to provide architectural services and discussing specific costs for Architectural Services. The MOA and the Agreement for Architect Services are coordinated such that the proportionate share of the costs for the Town of Avon and Eagle River Fire Protection District (“ERFPD”) are identified and so that Avon and ERFPD may each terminate the Agreement for Architect Services after the Phase 1 – Concept and Programming services are completed and there is a more informed understanding of the Joint Safety Facility design and expected costs. BACKGROUND: The Town of Avon and ERFPD entered into an Intergovernmental Agreement on April 28, 2015 which set forth the intent and terms of the parties to jointly pursue the design, financing and construction of a Joint Fire-Policy Safety Facility on Lot 1B, Buck Creek PUD. The ERFPD is scheduled to sell Lot 1A, Buck Creek PUD and purchase the adjacent Lot 1B, Buck Creek PUD on Monday, June 8, 2015. The Avon and ERFPD working group (as defined in the IGA) has already solicited proposals from Architectural firms for design services, interviewed 4 architectural firms, and selected Davis Partnership Architects. As a joint governmental project, Avon and ERFPD must define an equitable sharing of costs related to design and other pre-construction costs while allowing for adjustment and flexibility because the final designs are likely to differ from the initial concepts and expectations. Therefore, a Memorandum of Agreement has been prepared to define proportionate cost sharing. MEMORANDUM OF AGREEMENT: The Memorandum of Agreement Regarding Cost Sharing (“MOA”) defines the sharing of costs between the Town of Avon and Eagle River Fire Protection District. Exhibit A-1: Apportioned Cost lists the various parts of a potential design to support an initial percentage cost share of 33% by the Town of Avon and 67% by the ERFPD. Exhibit B outlines apportioned costs for the Phase 1 – Concept and Programming portion of the Architect Services. The MOA acknowledges that the percentage cost share may adjust as the actual size of the Fire Station and Police Station is better known. Any adjustment to the percentage cost is only applied to costs incurred after adoption of the percentage adjustment. The MOA also allows for additional amendments to the schedule in the IGA as the project moves forward with approval by the respective representatives for Avon (Justin Hildreth, Town Engineer) and ERFPD (Todd Goulding, ERFPD Owner’s Representative). Pursuant to the Avon Home Rule Charter, approval of this MOA requires the concurring vote of 4 Council members. PROPOSED MOTION: “I move to approve the MEMORANDUM OF AGREEMENT REGARDING COST SHARING FOR PROGRAMMING, DESIGN AND PRE-CONSTRUCTION MANAGEMENT OF A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT Thank you, Eric ATTACHMENTS: Memorandum of Agreement with Exhibits A and B. Updated IGA, Exhibit A: Design Process M EMORANDUM & PLANNING, LLC ERFPD-Avon MOA re: Apportioned Costs FINAL – June 9, 2015 Page 1 of 6 MEMORANDUM OF AGREEMENT REGARDING COST SHARING FOR PROGRAMMING, DESIGN AND PRE-CONSTRUCTION MANAGEMENT OF A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT THIS MEMORANDUM OF AGREEMENT (“Agreement”) is made and entered into on June 9, 2015, (“Effective Date”) by the Town of Avon, a home rule municipal corporation of the State of Colorado (“Avon”) and the Eagle River Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado organized under Title 32 of the Colorado Revised Statutes (“Fire District”) (collectively, the “Parties,” and each individually a “Party”). RECITALS WHEREAS, the Fire District and Avon desire to design and construct a regional fire station and police station facility on Lot 1B, Buck Creek PUD, Avon, Colorado (“Joint Public Safety Facility”), the Parties have executed a contract with Davis Partnership Architects to conduct programming, design and construction administration for the Joint Public Safety Facility, and the Parties intend to enter into a contract with a general contractor; and, WHEREAS, Avon and the Fire District desire to set forth the terms and conditions for Avon and ERFPD concerning the apportionment of costs, revision of the apportionment of costs and the responsiblity for payment related to contracts for architectural, pre-construction management and other services related to design and pre-construction management of the Joint Public Safety Facility; and, WHEREAS, the Parties acknowledge and the agree that the initial apportionment of costs may be adjusted when appropriate depending upon changes to the character, size and scale of the Joint Public Safety Facility and each Party’s respective portion of the Joint Public Safety Facility; and, WHEREAS, the Parties have entered into an Intergovernmental Agreement for a Joint Fire- Police Station Facility Between the Town of Avon and the Eagle River Fire Protection District (“IGA”), dated April 28, 2015, and desire to amend and supplement the terms of the IGA by and through the adoption of this Agreement; and, WHEREAS, this Agreement is authorized pursuant to §29-1-201 and §30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. NOW THEREFORE, in consideration of the covenants and mutual agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereto agree as follows: 1. Effective Date. This Agreement shall commence on the Effective Date. ATTACHMENT A: MEMORANDUM OF AGREEMENT ERFPD-Avon MOA re: Apportioned Costs FINAL – June 9, 2015 Page 2 of 6 2. Apportionment of Costs. The apportionment of costs for all architectural services, pre- construction management services, and other related pre-construction services which arise from contracts entered into by both Avon and the Fire District (“Pre-Construction Contracts”) are based on Exhibit A-1: Apportioned Cost (“Apportioned Cost”) which shall be in accordance with Exhibit B with respect to various identified portions of the project until adjusted pursuant to the terms of this Agreement: 3. Adjustment to Apportionment of Costs. The Parties agree that the Apportioned Cost shall be adjusted when the actual designs for the Joint Public Saftey Facility indicate a different square footage and different ratio of shared space, police department and fire department space. Such adjustment shall be applied to work performed from the date of adoption of a replacement Exhibit A-(x): Apporportioned Cost, unless another method of allocation is mutually determined appropriate. The updated replacement Exhibit A-(x): Apportioned Cost shall automatically replace and supercede any previously adopted Exhibit A-(x): Apportioned Cost and shall automatically become a part of this Agreement. Any updated replacement Exhibit A-(x): Apportioned Cost shall be number sequentially to denote the most updated version (e.g. A-1, A- 2). The Parties agree to work cooperatively in good faith to consider the equitable allocation of cost to each Party for any change in the design, which may be based on square footage as depicted in Exhibit A-1: Apportioned Cost or may be based on another method or formula as mutually determined appropriate to achieve the purpose of this Agreement. The Parties agree that any additional cost resulting from a change order or amendment to any Pre-Construction Contracts which is requested by, and which primarily concerns, one Party shall be paid for by such Party and shall not change or affect the Apportioned Cost for the remainder of the Pre- Construction Contracts unless the Parties mutually agree that another method or formula is appropriate. 4. Payment Responsibility. All Pre-Construction Contracts to which this Agreement is applicable shall state that Avon and the Fire District are each responsible and liable for payment and costs under such constracts only to the extent of each Party’s respective Apportioned Cost and that the Parties are not jointly and severally liable for the entire cost of Pre-Construction Costs. 5. Term. This Agreement shall expire upon final and full payment of each Party’s respective Apportioned Cost. 6. Amendment to IGA. In accordance with Paragraph 14 of the IGA, the Parties hereby amend the IGA by the adoption of this Agreement. In the event of any conflict between the langauge in this Agreement and the IGA, the language in the IGA shall control. Furthermore, the Parties agree that any revision or update to Exhibit A: Design & Construction Manager Process of the IGA shall be deemed to be an approved amendment to the IGA upon approval by each Party’s designated representative. 7. No Third Party Beneficiaries. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Fire District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the Town, the Fire District, or any other entity not a party hereto. ATTACHMENT A: MEMORANDUM OF AGREEMENT ERFPD-Avon MOA re: Apportioned Costs FINAL – June 9, 2015 Page 3 of 6 8. Severability. If any portion of this Intergovernmental Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 9. Amendments. This Agreement may be amended from time to time by a written agreement duly authorized and executed by all the Parties to this Agreement. 10. Survival of Terms. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 11. Assignment. The Parties agree that neither Party hereto can assign this Agreement, or any right or obligation contained herein, to another party without the express written consent of the other Party and any attempt to do so shall be void and ineffective. 12. Complete Agreement. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. 13. Governing Law, Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any District Court action shall be in Eagle County, Colorado. 14. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, or sent via electronic transmission provided that such transmission is acknowledged by the receiving Party, addressed to the Parties as follows: TO ERFPD: The Eagle River Fire Protection District 351 Benchmark Road Post Office Box 7980 Avon, CO 81620 Attn: Karl Bauer E-Mail: with copy to: James P. Collins Collins, Cockrel & Cole ATTACHMENT A: MEMORANDUM OF AGREEMENT ERFPD-Avon MOA re: Apportioned Costs FINAL – June 9, 2015 Page 4 of 6 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 E-Mail: jcollins@cccfirm.com TO AVON: Town of Avon One Lake Street Post Office Box 975 Avon, CO 81620 Attn: Virginia Egger, Town Manager E-Mail: vegger@avon.org with copy to: Eric J. Heil, Avon Town Attorney One Lake Street Post Office Box 975 Avon, CO 81620 E-Mail: eric@heillaw.com [EXECUTION PAGE FOLLOWS] ATTACHMENT A: MEMORANDUM OF AGREEMENT ERFPD-Avon MOA re: Apportioned Costs FINAL – June 9, 2015 Page 5 of 6 EXECUTED as of the date first written above. TOWN OF AVON, COLORADO BY: ATTEST: _____________________________________ ______________________________ Jenny Fancher, Mayor Debbie Hoppe: Town Clerk APPROVED AS TO FORM: ____________________________________ Eric J. Heil, Esq., Avon Town Attorney ATTACHMENT A: MEMORANDUM OF AGREEMENT ERFPD-Avon MOA re: Apportioned Costs FINAL – June 9, 2015 Page 6 of 6 EXECUTED as of the date first written above. EAGLE RIVER FIRE PROTECTION DISTRICT BY: ATTEST: ____________________________________ _____________________________ Jennifer Cartmell Hays, Chairperson Clark Shivley, Secretary APPROVED AS TO FORM: ____________________________________ James P. Collins, Esq. ATTACHMENT A: MEMORANDUM OF AGREEMENT Avon Public Safety Building DRAFT PROGRAM Proportional Share Percentages Page 1 of 2 Room Name Notes NSF #Total Basement Armory Room 200 1 200 Storage/Equipment Storage Room 400 1 400 Holding Cell 100 3 300 Sally Port 600 1 600 (24x24) Booking/Fibngerprinting/Intoxiyzer 200 1 200 Mechanical / Boiler 200 1 200 Shared Electrical 150 1 150 Shared Elevator 100 1 100 Shared Elevator Machine Room 120 1 120 Stair 250 1 250 Shared ERFD Storage 3,500 1 3,500 Fire Suppression, Tech. Rescue, Hazarfdous Materials, Wildfire and Deployments, Respiratory Protection, EMS/Exposure Control, Fire Investigation, Community Safety Outreach, Record Retention and Administration. Subtotal (x1.15)6,923 Ground Floor Front Office 200 1 200 Workstation 50 2 100 Workstation for (2) with fingerprinting area Records Room 300 1 300 Locker Room 400 2 800 Evidence Room 110 2 220 Interview Room 100 3 300 Audio video capacity Public Restroom 150 2 300 Shared Lobby 300 1 300 Shared Elevator 100 1 100 Shared Stair 250 2 500 Shared Tower and Bay Storage 1,850 1 1,850 Aparatus Bay 6,400 Ladder Truck is 50'+ (16' hight doors) Includes BC Buggie, Rescue Engine, Tower, Type 3 Engine Subtotal (x1.15)11,658 Second Floor Sleeping Rooms 200 10 2,000 Storage Room 200 2 400 Restroom 200 2 400 Day Room 500 1 500 Dining 300 1 300 Walk in Refrigerator 150 1 150 Pantry 150 1 150 Kitchen 300 1 300 Lobby 300 1 300 Shared Elevator 100 1 100 Shared Stair 250 2 500 Shared Subtotal (x1.20)6,120 Third Floor Police Ready Room 300 1 300 Patrol Report Wrriting Room 1,400 1 1,400 (14) cubicles @ 100 sf/cube Sergeant Offices 120 3 360 Detective Offices 100 2 200 Chief Offices 140 1 140 Deputy Offices/Conferenc 140 1 140 Conference Table Conference Room 200 1 200 Training Squad Room 1,000 1 1,000 Shared Training Room storage 200 1 200 Recreation / Fitness Workout Area 800 1 800 Shared Fitness storage 200 1 200 DEPARTMENT PROGRAM Proposed Policeand Fire Station Combined Exhibit A: Cost Apportionment Avon Public Safety Building DRAFT PROGRAM Proportional Share Percentages Page 2 of 2 Room Name Notes NSF #Total DEPARTMENT PROGRAM Proposed Policeand Fire Station CombinedStair 250 2 500 Shared Elevator 100 1 100 Shared library Woork Stations 150 1 150 Storage 200 1 200 Cleaning and office Supplies Lt Engine Office 120 1 120 Battalion Conf Room 100 1 100 Ladder Rescue office 120 1 120 Battalion Chief Office 140 1 140 Battalion Chief Quarters 240 1 240 w/ Murphy bed and bathroom Training Chief Office 240 1 240 w/ Murphy bed and bathroom Training Division Offices 120 2 240 Crew Work Station Room 500 1 500 4 to 6 work stations in one room Subtotal (x1.20)9,108 Grand Total 33,809 Total Shared 5,720 (Split Equally) Total Police Department 6,360 (In Blue Above) Total Fire Department 18,000 (In Red Above) Total without Circulation 30,080 Circulation 3,729 (Split Equally) Grand Total 33,809 Avon Police Proportioned SF 32.79%11,085 ERFD Proportioned SF 67.21%22,725 Exhibit A: Cost Apportionment Av o n F D N o t e s Co n c e p t / S D 47 , 1 1 5 . 0 0 $       15 , 4 4 9 . 0 1 $                                 31 , 6 6 5 . 9 9 $     Sp l i t  ba s e d  on  sf  to  da t e  (1 / 3  vs  2/ 3 ) DD 62 , 8 2 0 . 0 0 $       CD 12 5 , 6 4 0 . 0 0 $   CA 78 , 5 2 5 . 0 0 $       RR M 32 , 8 0 0 . 0 0 $       32 , 8 0 0 . 0 0 $     Fi r e  De p t  sp e c i f i c  co n s u l t a n t  ‐   by  ER F P D MW L 19 , 2 6 5 . 0 0 $       19 , 2 6 5 . 0 0 $                                 Po l i c e  De p t  sp e c i f i c  co n s u l t a n t  ‐   by  TO A TO A  Ap p r o v a l s 28 , 0 0 0 . 0 0 $       La n d s c a p e 45 , 0 0 0 . 0 0 $       2, 5 0 0 . 0 0 $                                     2, 5 0 0 . 0 0 $           50 / 5 0  sp l i t Ci v i l 52 , 0 0 0 . 0 0 $       7, 5 0 0 . 0 0 $                                     7, 5 0 0 . 0 0 $           50 / 5 0  sp l i t Si t e  Ir r i g a t i o n 5, 0 0 0 . 0 0 $             St r u c t u r a l 79 , 9 3 5 . 0 0 $       Sp l i t  ba s e d  on  sf  to  da t e  (1 / 3  vs  2/ 3 ) ME P 97 , 0 0 0 . 0 0 $       Sp l i t  ba s e d  on  sf  to  da t e  (1 / 3  vs  2/ 3 ) In t e r i o r s 33 , 0 0 0 . 0 0 $       su b t o t a l 7 0 6 , 1 0 0 . 0 0 $   44 , 7 1 4 . 0 1 $                                 74 , 4 6 5 . 9 9 $     re i m b u r e a b l e s 11 , 0 0 0 . 0 0 $       4, 2 9 0 . 0 0 $                                     6, 7 1 0 . 0 0 $           sp l i t  ba s e d  on  th e  ab o v e  su b t o t a l Ph a s e  1  To t a l s 1 3 0 , 1 8 0 . 0 0 $   49 , 0 0 4 . 0 1 $                                 81 , 1 7 5 . 9 9 $     Av o n F D N o t e s Co n c e p t / S D 47 , 1 1 5 . 0 0 $       DD 62 , 8 2 0 . 0 0 $       20 , 5 9 8 . 6 8 $                                 42 , 2 2 1 . 3 2 $     Sp l i t  ba s e d  on  sf  to  da t e  (1 / 3  vs  2/ 3 ) CD 12 5 , 6 4 0 . 0 0 $   41 , 1 9 7 . 3 6 $                                 84 , 4 4 2 . 6 4 $     Sp l i t  ba s e d  on  sf  to  da t e  (1 / 3  vs  2/ 3 ) CA 78 , 5 2 5 . 0 0 $       39 , 2 6 2 . 5 0 $                                 39 , 2 6 2 . 5 0 $     Sp l i t  TB D ;  ma y  be  ba s e d  on  Su b m i t t a l s  Re q u i r e d RR M 32 , 8 0 0 . 0 0 $       MW L 19 , 2 6 5 . 0 0 $       TO A  Ap p r o v a l s 28 , 0 0 0 . 0 0 $       14 , 0 0 0 . 0 0 $                                 14 , 0 0 0 . 0 0 $     50 / 5 0  sp l i t La n d s c a p e 45 , 0 0 0 . 0 0 $       20 , 0 0 0 . 0 0 $                                 20 , 0 0 0 . 0 0 $     50 / 5 0  sp l i t Ci v i l 52 , 0 0 0 . 0 0 $       18 , 5 0 0 . 0 0 $                                 18 , 5 0 0 . 0 0 $     50 / 5 0  sp l i t Si t e  Ir r i g a t i o n 5, 0 0 0 . 0 0 $             2, 5 0 0 . 0 0 $                                     2, 5 0 0 . 0 0 $           50 / 5 0  sp l i t St r u c t u r a l 79 , 9 3 5 . 0 0 $       26 , 2 1 0 . 6 9 $                                 53 , 7 2 4 . 3 1 $     Sp l i t  ba s e d  on  sf  to  da t e  (1 / 3  vs  2/ 3 ) ME P 97 , 0 0 0 . 0 0 $       31 , 8 0 6 . 3 0 $                                 65 , 1 9 3 . 7 0 $     Sp l i t  ba s e d  on  sf  to  da t e  (1 / 3  vs  2/ 3 ) In t e r i o r s 33 , 0 0 0 . 0 0 $       16 , 5 0 0 . 0 0 $                                 16 , 5 0 0 . 0 0 $     50 / 5 0  sp l i t su b t o t a l 7 0 6 , 1 0 0 . 0 0 $   23 0 , 5 7 5 . 5 2 $                             35 6 , 3 4 4 . 4 8 $  re i m b u r e a b l e s 27 , 8 3 5 . 0 0 $       10 , 8 5 5 . 6 5 $                                 16 , 9 7 9 . 3 5 $     sp l i t  ba s e d  on  th e  ab o v e  su b t o t a l Ph a s e  2  To t a l s 6 1 4 , 7 5 5 . 0 0 $   24 1 , 4 3 1 . 1 7 $                           37 3 , 3 2 3 . 8 3 $  GR A N D  TO T A L S 7 4 4 , 9 3 5 . 0 0 $   29 0 , 4 3 5 . 1 8 $                           45 4 , 4 9 9 . 8 2 $  Ex h i b i t  B   Ph a s e  1  ‐   Co n c e p t  an d  Pr o g r a m m i n g Ph a s e  2  ‐   De s i g n  De v e l o p m e n t ,  CD  & CA UPDATED JUNE 2, 2015 EXHIBIT A: DESIGN & CONSTRUCTION MANAGER PROCESS WG: Working Group [Jennie Fancher, Buzz Reynolds, Clark Shively, Jennifer Cartmell-Hays, Virginia Egger, Chief Ticer, Justin Hildreth, Matt Pielsticker, Eric Heil, Chief Bauer, George Wilson, Todd Goulding, Jim Collins] BOD: Board of Directors of the Eagle River Fire Protection District ERFPD: Eagle River Fire Protection District ATC: Avon Town Council Avon: Town of Avon FD Rep: Goulding Development Advisors TASK DATE RESPONSIBLE PARTY Draft Architectural Services RFP 3/31 Avon Comments on Architectural Services RFP Due 4/2 WG Advertise and Distribute Architectural Services RFP 4/3 Avon Pre-Proposal Meeting and Site Tour 4/17 (9:00 a.m.) Avon & ERFPD Architectural Services Proposals Due 4/24 (5:00 p.m.) Avon Distribute copies of Architectural Services Proposals 4/25 (9:00 a.m.) Avon Select Architectural firms to interview and determine interview process and questions 4/28 (9:00 a.m.) WG Interview Architectural firm 5/1 (8:00 a.m.) WG Finalize Selection Recommendation for Architectural Firm & Negotiate Professional Services Agreement 5/12 WG Professional Service Agreement Architectural Services Approval 5/21 5/26 BOD ATC Closing on Lot 1B, Buck Creek PUD 6/8 ERFPD Draft Construction Manager at Risk RFP 6/1 – 6/15 Avon/FD Rep Design Kickoff meeting 6/11 & 6/12 WG (as needed) Comments on Construction Manager RFP 6/17 WG Advertise and Distribute Construction Manager RFP 6/18, 6/25 & 7/2 Avon/FD Rep Pre-Proposal Meeting and Site Tour 7/6 Avon/FD Rep Construction Manager Proposals Due 7/10 Avon/FD Rep Distribute copies of Construction Manager Proposals 7/10 Avon/FD Rep Select Construction Managers to interview and determine interview process and questions 7/13 WG Interview Construction Managers 7/17 WG GC Selection Recommendation 7/20 WG Finalize Selection Recommendation for Construction Manager & Contract 7/28 WG Construction Manager Contract Approval 7/28 BOD & ATC Construction Manager Begins 8/1 GC Architect to Provide 100% Programming/Concept/SD 9/1 WG GC Pricing for Programming/Concept/SD 9/15 GC Architect to Provide 90% Design Documents 11/15 WG GC Pricing DD Set Submitted 12/7 GC TENTATIVE – BOND ELECTION 5/5/2016 ATTACHMENT: IGA UPDATED DESIGN PROCESS AVON PUBLIC SAFETY FACILITY – WORKGROUP Town of Avon Jennie Fancher jfancher@avon.org Buzz Reynolds breynolds@avon.org Virginia Egger vegger@avon.org Bob Ticer rticer@avon.org Eric Heil ericheillaw@gmail.com Matt Pielsticker mpielsticker@avon.org Justin Hildreth jhildreth@avon.org Eagle River Fire Protection District Jennifer Cartmell Hays jbcartm@vail.net Clive Shively shivleyavon@aol.com Karl Bauer kbauer@eagleriverfire.org George Wilson gwilson@eagleriverfire.org Todd Goulding tgoulding@gda-co.com ATTACHMENT: IGA UPDATED DESIGN PROCESS   Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Award for Architectural Services DATE: June 4, 2015 SUMMARY: Presented for Council consideration is the proposal for Architectural Design Services from Davis Partnership Architects for the Joint Fire-Policy Safety Facility proposed on Lot 1B, Buck Creek subdivision. Staff is requesting approval for award of Architect Services to Davis Partnership Architects along with the ability to finalize the Agreement for Architect Services. This memo accompanies the related action item to approve the Memorandum of Agreement for Cost Sharing. BACKGROUND: The Town of Avon and ERFPD entered into an Intergovernmental Agreement on April 28, 2015 which set forth the intent and terms of the parties to jointly pursue the design, financing and construction of a Joint Fire-Policy Safety Facility on Lot 1B, Buck Creek PUD. The IGA included a schedule for the Design Process, which set forth actions to form a joint working group, solicit proposals for architectural and design services, interview architects, select a firm and negotiate an agreement. The Town of Avon and Eagle River Fire Protection District working group has accomplished these tasks, including interviewing four architect firms, including: • Short Eliot Hendrickson • Oz Architecture • Roth Sheppard Architects • Davis Partnership Architects All the firms offered impressive skills and experience. Davis Partnership Architects was selected as the preferred firm based its approach, experience, programming expertise for both fire and police, and familiarity with the property. TERMS OF ARCHITECT AGREEMENT: Avon and ERFPD are currently negotiating the terms to be included in the AIA B101 – 2007 Standard Form of Agreement between Owner and Architect (“Architect Agreement”). Attached is the Exhibit A: Project Scope of Work that would be included in the Architect Agreement. The ERFPD provided very good amendments to address local government contracts and authority. The Architect Agreement will include specific provisions to define that Avon and ERFPD are only liable for their respective cost share, to define the Phase 1 – Concept and Programming portion of the services with a Not to Exceed prices of $130,000, and to set forth the ability of either Avon or ERFPD to terminate the Architect Agreement after the Phase 1 – Concept and Programming portion of the work (i.e. when there is a more defined understanding of the design and projected cost of a Joint Safety Facility). Per the Memorandum of Agreement for Cost Share, Avon’s portion of the Phase 1 work is $49,004.01. The total cost of the Architect Basic Services is $744,935.50 based upon the project size of the Joint Safety Facility. Avon’s share would be determined in accordance with the Memorandum of Agreement. If the final design of the Joint Safety Facility is less than initially projected, the Architect’s fee would be adjusted for the services performed after th e Phase 1 – Concept and Programming work. PROPOSED MOTION: “I move to approve the award of design services for the Joint Safety Facility to Davis Partnership Architects and direct Town staff to finalize an Agreement for Architectural Services.” Thank you, Eric ATTACHMENTS: Exhibit A: Project Scope of Work M EMORANDUM & PLANNING, LLC Exhibit A Project Scope of Work (Public Safety Facility) The Davis Partnership Architects Team (Davis Team) will practice a highly collaborative process for program verification, planning and design aimed at maximizing input, ideas and consensus in the critical early planning stages of each project. This process will be especially useful as this project has complex program functions and multiple stakeholders and there is the need to promote a collective understanding and consensus regarding critical design decisions made during the early phase of the project. The Davis Team will be organized and have a detailed plan ready to begin immediately in order to meet the demands of the schedule. The Davis Team understands a Work Group comprised of Town of Avon and Eagle River Fire District representatives will oversee the Public Safety Facility (PSF Work Group). Below is the overview of the process the Davis Team will employ for the Public Safety Facility (PSF’s) project. Project Kick-Off & Work Plan Meeting: In order to allow people to collaborate, the PSF Work Group needs to understand how, when, and where the group will be asked to participate. The Davis Team’s first step will be to work with the PSF Work Group to create a “Work Plan” which outlines the program verification, planning and design process. Agenda items include: • Identify the project stakeholders, including PSF’s facilities staff, department heads, and other representatives you wish to be involved. Arrange for proper levels of inclusion of these stakeholders in the total effort. • Bring the entire team into sync with specific goals and important program objectives. • The meeting will cover project team introductions; roles of each member; preferred lines of communication; critical program goals; group and individual goals and objectives for the project; and project schedule refinement. Program Verification: The Davis Team recognizes that a lot of time and effort has already gone into setting this project into motion. The program police and fire representatives have developed to date will give the Davis Team a head start on understanding the project’s overall needs, but no doubt there will be adjustments based on updated information as well as input concerning specific portions of the program from members of the Davis Team having specialized expertise. The program will also need to be reviewed based on the proposed building site and an awareness of existing programs and activities that could produce synergies. For these reasons, the Davis Team will spend time with the PSF Work Group confirming the program information, compiling and synthesizing the new data into an updated facility program. This document will represent the Davis Team’s understanding of the project, and will also include: • A list of all spaces and their descriptions. • Key adjacencies and relationships between spaces. • Critical equipment and its impact upon the spaces. • An outline of all building systems requirements with performance criteria. • Preliminary “blocking and stacking” schemes, showing the basic locations of each department on each level of the building. • Clearly identify unresolved issues that are critical to success • At the completion of this phase, the PSF Work Group shall signoff on the Program Verification documents listed above. Exhibit A The above will be performed by Davis Partnership Architects, RRM Design Group and MWL. RRM Design Group (RRM) and McClaren Wilson and Lawrie, Inc (MWL) will attend a maximum of three planning trips and three conference calls with the PSF Work Group during the programing and design portion of the project. Beyond Program Planning As the project moves ahead into subsequent design and documentation phases, the Davis Team’s design and engineering team will schedule regular/weekly (as determined necessary) meetings to ensure PSF Work Group input is captured as the design progresses though ever-increasing detail. Davis Partnership has a track-record and reputation for impeccable project management. We consider communication, cost management and quality to be every bit as deserving of our most diligent efforts as the design of your facility. Our pledge to you is that you will always know what we are doing and what issues remain most pressing. We use the latest business technologies to aid in the communication of project information, yet recognize the value in direct telephone and face-to-face conversations. Design Workshop & Concept Review: The best way to gather information, solicit opinions, and move the entire team forward with consensus is to hold a series of workshops, which frequently include a broad range of stakeholders. The workshops are phased to allow a sequential process of information gathering, analysis, and synthesis, ultimately leading to development of conceptual design alternatives and a final schematic design. The advantage of the workshops is that they allow a tremendous amount of information to be gathered and decisions to be made in a short period of time, while including the input of a broad range of constituents. Moreover, this process is fun, and it generates widespread excitement and support for the project. The workshops are led by the design team; and, we propose to organize a set of these meetings for PSF’s Work Group, representative administration and other stakeholders as follows: • Workshop 1: Introductions, overview on process, program components and goals review • Workshop 2: Continued program component review and synthesis, preliminary blocking and stacking, early test fits, discussion of sustainability goals and objectives • Workshop 3: Review of final program, conceptual design/space plan alternatives • Workshop 4: Preliminary schematic design and space plans – Further studies and refinement, plus update on building exterior development, parking solutions, and sustainable design strategies • Workshop 5: Final schematic design presentation. These workshops would typically be held once every two to three weeks, depending upon the availability of participants; we believe this approach makes the most of the architectural design process. Public outreach meetings will coordinate on the same days as three of the workshops, if possible. These meetings are intended to engage the public on the need for the project and in the design process. Smaller Group Sessions As progress is made in each workshop, tasks will be identified that need to be taken on by smaller groups or different departments. Each of these smaller groups will normally include a member of the design team, who will be responsible for leading the meetings, documenting the results, and reporting back to the larger group. The small groups typically provide information that is synthesized and integrated by the larger group. An example would be small groups organized to provide detail into the office area, or a group concerned with the program for the shop areas, etc., each of which affects the overall program and design. Exhibit A Primary Tasks & Deliverables The following is an overview of the tasks and deliverables The Davis Team will provide at each phase of the project: Conceptual Design • Verify functional program requirements and develop a ‘final program’ • Develop a full and complete analysis of the project site • Develop a number of blocking and stacking options – with 3-D massing models - based on the two items above • Review sustainability and energy saving opportunities for each option • Develop early program space plan ‘test-fits’ for each of the favored blocking and stacking schemes • Confirm project budget alignment with an independent cost estimate (Provided by Owner) • Prepare Conceptual Design package for review and approval by the WG before moving into SD’s Schematic Design • Develop room by room floor plans • Produce three-dimensional views of building exterior and key interior spaces • Gather final detailed occupancy data from users • Identify building utility upgrades required by the approved plan • Establish key sustainability strategies and mechanical and electrical system approaches • Confirm project budget alignment with an independent cost estimate by others • Prepare and submit to regulatory authority required applications and submittals • Prepare Schematic Design package for review and approval by the WG before moving into DD’s • Assist in preparation of documents and the soliciting of Construction Manager Design Development • Develop detailed floor plans, ceiling plans, and finishes • Complete occupancy plans illustrating fixed equipment, movable equipment locations and supporting building service requirements • Develop final exterior building design and envelope • Develop finish schedule and outline specifications • Select equipment for mechanical and electrical systems • Review plans with local code officials • Verify construction cost, schedule and phasing with TOA Construction Manager • Prepare Design Development package for review and approval by the WG before moving into CD’s Exhibit A Construction documents and specifications • Prepare and complete coordinated construction documents • Complete specifications • Develop bidding documents • Prepare Building Permit Submittal package (and other ADJ’s requiring review). Construction Administration • Availability to the client and contractor   • Daily communication between contractor’s project manager   • Regular monthly site visits (coordinated with Pay Applications or as needed)   • Weekly OAC meetings (can be by conference call)   • Pay App and Change Order review and approvals   • Respond to all submittals and requests for information from Construction Manager   Exhibit A Note: These fees are cost not to exceed for the current project scope Additional Scope Definition • As noted in our proposal dated April 27, 2015, the above fees are inclusive of Architectural, Fire and Police Planning services, Landscape and Site design, Civil, Structural, Mechanical, Electrical, Plumbing as well as Interior design services. The above fee table is starting point for us to understand the magnitude of the potential fees but we understand the size and cost may vary from the amounts shown above. • The fees defined above are for a building estimated to be approximately $10.5 million, based upon a building size of 33,000 at a cost of $300/square foot with $570,000 for structured parking. We understand the total size of the facility has not been finalized and that building might not be Fee Work Sheet Construction Cost Estimate Total Sf Bldg.33,000 Cost/sf 300 Structured parking 570,000$ Total Construction Cost for Bldg. & Parking $10,470,000 Total Construction Cost for Fire Station 10,470,000$ Architectural Fee % of Construction Cost 3.00%314,100$ Concept and SD fee is 15% of Arch. Fee 15.00%47,115$ DD Fee is 18% of arch Fee 20.00%62,820$ CD Fee is 37% of Arch Fee 40.00%125,640$ CA Fee is 30% of Arch Fee 25.00%78,525$ RRM Design 32,800$ MWL Planning 19,265$ TOA Approvals Allowance 28,000$ Landscape / Site Design 45,000$ Civil 52,000$ Site Irrigation 5,000$ Structural 79,935$ MEP 97,000$ Interiors 33,000$ Traffic (NIC) AV/IT/Telecom/Security infrastructure (NIC) Cost Estimates are by Owner provided Construction Manager Consultant Fee Total 392,000$ Reimbursables @ 5.5% of Fees billed at Cost (Estimated) Total Fees 706,100.00 Total Reimbursable @ 5.5% of fees 38,835.50 Total Fee and Reimbursable Cost 744,935.50 % Fee 7.11% Exhibit A as large and construction cost could go up and it could go down. This is a cost not to exceed fee for all consultants noted in fee worksheet and will only be billed if the Davis Group engages a consultant group on the scope of work. Davis Team will re-bid these fees after programing if the building size is reduced by more than 7% or if we believe we can get a savings in fees with a more defined scope. The fees for programing and concept design are fixed fee numbers that will not be adjusted. The fees defined for civil and landscape will not be adjusted based on the size and cost of the building but the MEP and structural are expected to be reduced if their scope is reduced. • Davis Partnership Architects has retained MWL planning architects to assist with the planning of the police station program. We have included this fee and lowered the fee we had for RRM Design group. MWL will also identify the device type and location for security devices. These fees are defined by the equipment specified and therefore cannot be estimated/included at this time. The fees and cost for this scope will be carried in the cost of construction as a design build cost. • The PSF Work Group may elect to proceed with an alternate to include additional review and planning by MWL at the time of Construction Documents in the amount not to exceed $14,000. This fee is not included in the fee worksheet above but may be added by the PSF work group if the reduction in the size and scope of the building/ fees allow.   • The programming documents are going to be produced by Davis Partnership with the assistance of RRM Design Group and McClaren Wilson and Lawrie, Inc...   • The AV / IT and Telecommunications infrastructure is excluded from our scope of services. We believe these will be required but we typically see the owner securing these services separately and including these in their project scope. We can assist in soliciting these services/fees after we are at a 50% completion of the DD drawings. This is also true for data network hardware, telephone hardware, sound masking, and wireless access points or any low voltage communication systems used by the police and fire departments.   • Per the addendum the Davis Partnership Team understands the cost estimating will be performed by the construction manager.   • We are excluding LEED Certification and design but we are including good sustainable practices in our design.   • Per the addendum we are excluding any traffic engineering from our scope of services.   • The entire team anticipates multiple bid packages will not be required.   • Redesign after the start of Contract Documents is not in the base fees unless redesign is required to meet the established budget or are the results of errors and omissions..   • Computerized energy modeling is not included in the MEP scope.   • Commissioning is not included in the MEP scope.   • Offsite utility studies are not included in the MEP scope.   • The civil scope shall include all services required for bidding, permitting and construction of the project including a drainage analysis and report, a detailed grading, erosion control, storm water management plan and earthwork analysis plan. Civil will be designing drainage improvements, including storm sewers, inlets, manholes, sidewalks, concrete pans, and water quality structure sizing. Civil will also be preparing a utility plan and a site layout plan. Civil will also prepare perimeter drain drawings.   • The design scope and fees assume we will stay out of existing easements, including easements for water and sewer mains, irrigation ditches, dry utilities and floodplain boundaries.   • The civil scope does not include retaining wall design.   Exhibit A • As-built drawings are not included in our base fees for any of the engineers.   • Davis Partnership will adhere to the budget methodology and cost control program as outlined in pages 34 and 35 of the proposal.   • Billings and/or invoices for work performed by the Davis Partnership Group shall be made directly to the Town of Avon and to the Eagle River Fire Protection District, respectively. The billing shares shall be provided to Davis Partnership Group by the PSF Work Group via an approved Memorandum of Understanding between the Town of Avon and the Eagle River Fire Protection District.   • Upon complete payment for services rendered, the Work Product shall be deemed work made for hire and made in the course of services performed under this Agreement and will be the exclusive property or the PSF working group. The PSF Group will have unlimited right to make, have made, use, reconstruct, repair, modify, reproduce, publish, distribute and sell the Work Product in whole or in part or combine the Work Product with other matter, or not use the Work Product at all if sees fit. Any resuse of the Work Product produced under this agreement for any purpose not directly related to this Agreement will be at the sole risk to the Town.   Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Second and Final Reading of Ord. No. 15-07 – Amplified Sound Permits and Private Events DATE: June 3, 2015 SUMMARY: Town staff proposed revisions to the Avon Municipal Code (“AMC”) to update the Amplified Sound Permit regulations and to authorize private events with alcohol service at the Avon Performance Pavilion at a work session held on May 12, 2015. Town staff presented Ord. No. 15-07 to Council to implement the proposed revisions to sound permitting and use of alcohol on Town properties. Council considered Ord. No. 15-07 at its regular meeting on May 26, 2015 and took action to approve the ordinance as presented. Ordinance No. 15-07 is presented to Council for second and final reading. REVISIONS TO CHAPTER 5.24 – Amplified Sound Permits: Chapter 5.24 was originally adopted in 1988 by Ordinance No. 88-13. The administrative procedures were adopted by Resolution No. 88-20. Chapter 5.24 and Resolution No. 88-20 are attached to this memorandum for your reference. The revisions to Chapter 5.24 are primarily to consolidate and update the regulations and procedures and to improve the public notice posting and publishing requirements. There has been some confusion in the wording of Chapter 5.24 and the Administrative Procedures for Outdoor Use of Amplified Sound Equipment as adopted by Resolution No. 88-20. As written, Chapter 5.24 states that Town Council has to approve Amplified Sound permits for outdoor use of amplified that occurs outside of the defined hours in Nottingham Park and in commercial zone districts. Pursuant to the Administrative Procedures adopted by Resolution No. 88-20, all other outdoor use of amplified sound requires an administrative permit to be issued by the Town Clerk. For years, the Town has not completed the application form and granted administrative approval for outdoor use of amplified sound in Nottingham Park in accordance with the administrative procedures adopted by Resolution No. 88-20. Furthermore, the only “standards” for administrative permits to be issued by the Town Clerk are completion of an application page that included the name, location and hours of the outdoor amplified sound use. The proposed revisions consolidate the Amplified Sound Permit procedures into the Avon Municipal Code to facility administration, clarify the application procedures and submittal requirements, and adopt standards applicable for all Amplified Sound Permit applications. POLICY NOTES: There have been few, if any, applications for outdoor amplified sound in residential areas or in commercial years over the last several years with the exception of the restaurant at Traer Creek Plaza. One option for Council’s consideration is to abolish the requirement for an administrative Amplified Sound Permit in all areas of Town and only require Amplified Sound Permits for outdoor use of amplified sound that is outside the defined hours. Town staff presented potential regulation of the hours of outdoor acoustic music, especially on the Main Street Mall. However, Council recently enacted regulation of public artists, AMC Sec. 5.04.070 adopted by Ordinance No. 15-02. My recommendation is that the Public Artists regulations and general disturbing the peace regulations are sufficient for enforcement of any problems arising from outdoor acoustic music. M EMORANDUM & PLANNING, LLC Avon Town Council Ord No. 15-07 June 3, 2015 Page 2 of 3 Ord No. 15-07 June 3, 2015 Page 2 of 3 The substantive changes include the following: Exemptions from Permit Requirements: Emergency response, Salute to the USA and low wattage personal sound amplification devices are all identified as exempt from permit requirements. Town Manager to Administer: Per the work session presentation, administrative review of Amplified Sound Permit applications would be processed by the Town Manager rather than the Town Clerk. Nottingham Park (Including Avon Performing Pavilion): The proposed revisions would allow administrative approval of outdoor use of amplified sound in Nottingham Park until 10:00 p.m. on Thursdays, Fridays and Saturdays. AMC Sec. 5.24.020 currently requires Town Council to approve any outdoor use of amplified sound in Nottingham Park after 8:00 p.m. after conducting a public hearing. Non-Commercial Areas: AMC 5.24.030 establishes an absolute prohibition on outdoor amplified sound in any zone district not allowing commercial use before 9:00 a.m. and after 8:00 p.m. This is confusing because Town parks and public facilities are located in “zone districts not allowing commercial use”. The new regulations allow permits for outdoor use of amplified sound outside these hours subject to Town Council review after conducting a public hearing. Public Hearings: The minimum requirements for posting and publishing notice of public hearing is better defined and establishes the requirement for a minimum posting and publishing at least 6 days prior to the hearing. Town Property: Other than the designated hours for administrative approval in Nottingham Park and the Pavilion, outdoor amplified sound use on any other Town property, including Main Street Mall, will require Town Council review and approval after conducting a public hearing. Music or Human Voice: AMC 5.24.030(b) states, “It is unlawful for any person, whether or not a permit has been obtained, to amplify any sound other than music or the human voice or a combination thereof.” This provision is deleted because it conflicts with any sound effects that may be part of a music performance or other performance and conflicts with the outdoor use of amplified sound for outdoor movies. Fee: Resolution No. 88-20, Section B.2., states that the application fee shall be $25 plus publication costs. Proposed language for AMC 5.24.040(a) would authorize the Town Manager to include an application fee not to exceed $100. REVISIONS TO AMC SEC. 9.12.080: AMC Sec. 9.12.080 is revised to allow consumption of alcohol on public property and/or public right-of-ways if a “private event” permit is issued pursuant to 9.40.040 (see revisions to event permitting for parks and public property below). Town staff recommended revisions to the Avon Municipal Code to allow consumption of alcohol at the Avon Performance Pavilion when the Pavilion is rented for private events. I am proposing to broaden the authorization to include all public property and/or public right-of-ways so that if the Town desires in the future to permit private events elsewhere besides the Pavilion it may do so without the need to amend the Avon Municipal Code. There is no current intention or idea of permitting private events anywhere else other than the Pavilion; however, I am recommending that this flexibility be adopted when amending the Avon Municipal Code at this time so Avon Town Council Ord No. 15-07 June 3, 2015 Page 3 of 3 Ord No. 15-07 June 3, 2015 Page 3 of 3 that future revisions to the Avon Municipal Code are not required if (when) there are new ideas about permitting private events. Permitting private events on Town property will always remain a discretionary act of the Town and the proposed revisions to the Avon Municipal Code does not create any obligation of the Town to permit private events anywhere on Town property. REVISIONS TO AMC CHAPTER 9.40: Chapter 9.40 has been revised to define “private event” as an event held on Town owned property that is not open to the general public and then adopt minimum standards for private events, including standards for service of alcohol at private events. The standards incorporate the recommendations of Town staff presented at the work session. In addition, a prohibition on smoking in any Town Park and on the Main Street Mall is proposed. This recommendation comes from enforcement concerns about smoking at the West Avon Preserve. The national trend has been to expand smoking prohibitions to outdoor public areas. Currently, the Westin does not allow smoking anywhere on its grounds, including the public pedestrian plaza by the gondola. Enacting a smoking prohibition is most important for the open space areas due to wildfire risks. POLICY NOTE: Council consideration should be given to the extent of the proposed prohibition on outdoor smoking on public properties and Council could narrow the prohibition to open space areas. PROPOSED MOTION: “I move to approve Ordinance No. 15-07 on second and final reading, AN ORDINANCE AMENDING CHAPTER 5.24, SECTION 9.12.080, AND CHAPTER 9.40 OF THE AVON MUNCIPAL CODE AND REPEALING RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN PROPERTY AND PROHIBITING SMOKING IN PARKS, OPEN SPACE AND THE MAIN STREET MALL.” Thank you, Eric ATTACHMENTS: Attachment A: Ordinance No. 15-07 Attachment B: Chapter 5.24 Attachment C: Resolution No. 88-20 Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 FINAL – June 9, 2015 Page 1 of 9 TOWN OF AVON, COLORADO ORDINANCE NO. 15-07 SERIES OF 2015 AN ORDINANCE AMENDING CHAPTER 5.24, SECTION 9.12.080, AND CHAPTER 9.40 OF THE AVON MUNCIPAL CODE AND REPEALING RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN PROPERTY AND PROHIBITING SMOKING IN PARKS, OPEN SPACE AND THE MAIN STREET MALL WHEREAS, the Avon Town Council finds that amendments to Chapter 5.24, Section 9.12.080, and Chapter 9.40 will improve and clarify the administration of Amplified Sound Permits, procedures for approving private events on public property, and will enact appropriate restrictions on smoking in Town parks and open space and on the Main Street Mall; and, WHEREAS, the Avon Town Council has authority to adopt and amend regulations concerning amplified sound and use of Town property, parks and public right-of-ways based on its home rule authority and under general municipal statutory authority; and, WHEREAS, it is the Town Council finds that amendment to Chapter 5.24, Section 9.12.080, and Chapter 9.40 of the Avon Municipal Code will promote the health, safety and welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the proposed legislation and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendments to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repeal and Re-enactment of Avon Municipal Code Chapter 5.24. Avon Municipal Code Chapter 5.24 Amplified Sound Systems is hereby repealed in its entirety and re- enacted to read as follows: CHAPTER 5.24 AMPLIFIED SOUND SYSTEMS 5.24.010 Amplified Sound Permit required. ATTACHMENT A: ORD. NO. 15-07 Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 FINAL – June 9, 2015 Page 2 of 9 (a) These regulations concerning amplified sound systems are adopted to prevent noise nuisance in the Town of Avon while allowing for amplified sound for public and private events, establish minimum standards for the permitting of amplified sound, and adopt procedures for public notification and input for certain categories of amplified sound. These regulations shall be interpreted and applied so as not to infringe upon the reasonable constitutional right of free speech and right of assembly. (b) The following activities and uses of amplified sound shall not require an Amplified Sound Permit: (i) Amplified sound related to any governmental emergency building, vehicle or response activity; (ii) Use of amplified sound by an officer, employee or agent of any local, state or federal government; (iii) In Nottingham Park, including the Avon Performance Pavilion, for The Salute to the USA held on July 3 of each year; and, (iv) Small low wattage personal sound amplification devices that do not disturb others. (c) Unless expressly exempt as set forth in Sub-Section (b) above, an Amplified Sound Permit shall be required and shall be obtained prior to the use and operation of amplified sound outdoors in the Town of Avon, including use and operation of a loudspeaker or sound- amplifying equipment in a fixed or movable position or mounted upon any sound truck or other mobile vehicle or equipment. (d) It is unlawful for any person to use or operate amplified sound outdoors in the Town without an Amplified Sound Permit when an Amplified Sound Permit is required. 5.24.020 Administrative Approval. (a) The Town Manager may approve an Amplified Sound Permit for outdoor use of amplified sound use at following locations and times: (i) In Nottingham Park, including the Avon Performance Pavilion, on Sundays through Wednesday between the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through Saturday between the hours of 9:00 a.m. and 10:00 p.m. (ii) In any non-commercial zone (including any planned unit development area allowing non- commercial use, but not including Town properties, parks and the Main Street Mall) between the hours of 9:00 a.m. and 8:00 p.m. (iii) In any commercial zone (including any planned unit development area allowing commercial, but not including Town properties and the Main Street Mall between the hours of 8:00 a.m. and 10:00 p.m.). ATTACHMENT A: ORD. NO. 15-07 Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 FINAL – June 9, 2015 Page 3 of 9 (b) No public hearing shall be required prior to review and approval of an administrative approval of an Amplified Sound Permit. The Town Manager may elect to solicit public comments or may refer an Amplified Sound Permit application to the Avon Town Council to be considered after conducting a public hearing in accordance with Section 5.24.030 below. (c) Any outdoor use of amplified sound outside the hours and in the locations established in this Section shall require review and approval by the Avon Town Council. (d) An applicant for an Amplified Sound Permit can appeal the decision of the Town Manager to the Avon Town Council. An appeal must be submitted by an applicant in writing to the Town Clerk within fourteen (14) days the date of the decision by the Town Manager. The Town Council shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of the public hearing date, time and location shall be mailed to the appellant via first-class U.S. mail at least ten (10) days prior to the public hearing, unless the appellant agrees to a shorter time frame and a different notification method. The Town Council shall review an appealed Amplified Sound Permit application de novo. 5.24.030 Town Council Approval. (a) Any Amplified Sound Permit application that is not subject to administrative approval or that is referred by the Town Manager to the Town Council shall be subject to review and approval by the Town Council after conducting a public hearing. (b) A public hearing for an Amplified Sound Permit shall be posted and published at least six (6) days in advance of the public hearing on the Town’s website; in a newspaper of general circulation in Avon; at the Avon Town Hall, Avon Library and Avon Recreation Center; and, with regard to an Amplified Sound Permit on the Main Street Mall, posted at the proposed location of the amplified sound. 5.24.040 Amplified Sound Permit Applications. (a) An application for an Amplified Sound Permit shall be submitted to the Town Manager on forms established by the Town Manager, which shall include the minimum information set forth in this Section 5.24.040 and which shall include an application fee determined by the Town Manager not to exceed $100.00. (b) Name, physical address, mailing address and e-mail address, phone number. (c) Proposed location for the amplified sound event(s). (d) Proposed dates and times for the amplified sound event(s). (e) Map or diagram depicting the location of the sound amplifying equipment, proposed direction of sound projection, and potential sound projection distance. (f) Description of sound amplifying equipment. ATTACHMENT A: ORD. NO. 15-07 Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 FINAL – June 9, 2015 Page 4 of 9 (g) Description of any sound screening or other measures to mitigate the adverse impacts of amplified sound. (h) Description of event and purpose of sound amplification. (i) Amplified Sound Permit applications shall be submitted at least sixty (60) days prior to the proposed event(s) using outdoor amplified sound provided that the Town may waive or reduce this minimum application submittal deadline at the Town’s sole discretion. 5.24.050 Standards for Amplified Sound Permits. Amplified Sound Permit applications shall be evaluated according to the following review criteria: (a) Whether the proposed amplified sound, date, time, and associated event is compatible with other uses and activities in the vicinity. (b) Whether the potential adverse impacts of the sound and noise generated upon community and surrounding neighborhood are unreasonable or if the negative impacts exceed the potential benefits to the community of permitting the event. (c) The approving person or body may prescribe any conditions, limitations, requirements or mitigation deemed necessary to minimize the potential adverse impacts on the community and/or surrounding neighborhood; which include but are not limited to: limiting the time and/or duration of amplified sound, determining the direction of the amplified sound, and requiring sound screening. (d) Amplified Sound Permits may be granted for a specific event, which shall include designation of the date or dates of the event, or may be granted for re-occurring events provided that such approval shall not exceed a duration of one year. (e) Amplified Sound Permits shall be subject to suspension and revocation for any violation of the terms and conditions set forth in the Amplified Sound Permit. The Town Manager may summarily suspend an Amplified Sound Permit based upon a preponderance of evidence that the terms and conditions of the Amplified Sound Permit have been violated and shall refer the permit to the Town Council for a public hearing and consideration of revocation. The Town Manager may refer an Amplified Sound Permit to the Town Council to for a hearing and consideration revocation based upon probable cause that the terms and conditions of the Amplified Sound Permit have been violated. At least three (3) days written notice shall be provided to the Amplified Sound Permit holder prior to the hearing, which notice may be emailed to the email address provided in the permit application and which notice shall state the nature of the violation of the terms and conditions. 5.24.060 Penalty. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. ATTACHMENT A: ORD. NO. 15-07 Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 FINAL – June 9, 2015 Page 5 of 9 Section 3. Resolution 88-20 Repealed. Resolution 88-20 Adopting Administrative Procedures for Outdoor Use of Amplified Sound Equipment is hereby repealed in its entirety. Section 4. Amendment to Section 9.12.080. Section 9.12.080 of the Avon Municipal Code is hereby repealed in its entirety and re-enacted to read as follows: “9.12.080 - Drinking on public property and public right-of-ways without permit prohibited. (a) It is unlawful for any person to consume any malt, vinous or spirituous liquors or fermented malt beverages upon any street, alley, sidewalk, park, public property, public building or public parking lot in the Town or in any vehicle upon such places unless authorized in this Section 9.12.080. (b) It is unlawful for any person to possess or have in his or her possession or under his or her control in or upon any street, alley, sidewalk, park, public building or public parking lot in the Town, any malt, vinous or spirituous liquors or fermented malt beverages in any container of any kind or description which has been opened or which is not sealed or upon which the seal is broken, except in areas permitted pursuant to Sub-Section (c) of this Section. The word sealed means the regular seal applied by the United States Government over the cap of all malt, vinous or spirituous liquors or fermented malt beverages. It shall not be unlawful for any person to have in his or her possession or under his or her control one (1) opened container of vinous liquor removed from a licensed premises pursuant to Section 12-47-411(3.5), C.R.S. (c) Consumption and possession of malt, vinous or spirituous liquors or fermented malt beverages on public property and/or public right-of-ways is permitted under the following limited circumstances: (1) pursuant to the time, location and limitations of a special events permit that has been issued pursuant to Article 48, Title 12, C.R.S.; (2) pursuant to a private event permit when such person is a member or guest of a qualifying organization and which event meets the qualifications for exemption from special event permits pursuant to Section 12-48-108, C.R.S., except that the consumption of spirituous liquors shall not be permitted by any person at an event which meets the qualifications for exemption from special event permits pursuant to Section 12-48-108, C.R.S.; and, (3) pursuant to a private event permit that meets the minimum requirements of Section 9.40.040.” Section 5. Amendment to title of Chapter 9.40. The title of Chapter 9.40 is hereby amended to read as follows: “CHAPTER 9.40 – Public Property, Parks and Special Event Areas” Section 6. Amendment to Section 9.40.010 – Definitions. Avon Municipal Code Section 9.40.010 – Definition is hereby amended to add the following definition: “Private event means an event held on Town owned property, park or public right-of-way that is not open to the general public.” ATTACHMENT A: ORD. NO. 15-07 Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 FINAL – June 9, 2015 Page 6 of 9 Section 7. Amendment to Section 9.40.040. “9.40.040 Permit and license procedures and standards. (a) An application for any use and activity which requires a permit or license under this Chapter 9.40 must be submitted to the Town no later than sixty (60) days prior to the proposed use or activity to be considered for approval, provided that the Town may waive or reduce such requirement at the sole discretion of the Town. (b) Applications shall be on forms prescribed by the Town Manager and shall be reviewed and determined by the Town Manager. (c) A special event or private event permit may be issued by the Town Manager upon the determination that the proposed event: (1) does not unduly conflict with any previously scheduled use; (2) will not harm Town property; (3) will not create a clear and present danger to the public; (4) will not present a probable conflict with the reasonable enjoyment of park by the general public; (5) will not present a probable conflict with the use of Town owned property or public right-of-way; and (6) provides mitigation, conditions and/or limitations to minimize or prevent potential adverse impacts, as determined necessary and adequate by the Town. (d) Special event permits shall comply with the following minimum standards: (1) Special event permit holder shall provide general liability insurance naming the Town as additional insured and shall indemnify the Town in a form acceptable to the Town Attorney. (2) Special event permit holder shall abide by the terms and conditions of the special event permit and shall execute such other agreement or agreements deemed appropriate by the Town. (3) If alcohol is to be served at the special event, the special event permit holder shall comply with Section 5.08.170 and other applicable regulations of the Town and State of Colorado. (e) Private event permits shall comply the following minimum standards: (1) Private event permit holder shall provide general liability insurance naming the Town as additional insured and shall indemnify the Town in a form acceptable to the Town Attorney. (2) Private event permit holder shall execute a license agreement for use of the public property in a form acceptable to the Town Manager and Town Attorney. (3) If alcohol is to be served at the private event, the private event permit holder shall comply with the following additional standards: (i) the private event permit holder shall comply with all Colorado State Liquor laws. ATTACHMENT A: ORD. NO. 15-07 Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 FINAL – June 9, 2015 Page 7 of 9 (ii) Private event shall admit only invited guests. (iii) Alcohol must be purchased by permit holder and not a caterer or third party. (iv) Alcohol must be served by a TIPS trained person who is not a guest at the event. (v) Alcohol must be consumed at the private event area during the private event times. Consumption of alcohol is not permitted during set-up and break-down of the private event. (vi) Private event permit holder shall not permit guests to leave with open containers of alcohol. (vii) Private event permit holder must abide by an alcohol management plan submitted to and approved by the Town Manager.” Section 8. Amendment to Section 9.40.050 – Restrictions on uses and activities. Avon Municipal Code Section 9.40.050 is hereby amended to add a subsection (20) to read as follows: “(20) Smoking. Smoking is not permitted in any Town park (including open space areas) as defined in Section 9.40.010 or on the Main Street Mall except in a designated outdoor smoking area if such area is approved by the Town as part of a special event permit or private event permit.” Section 9. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 10. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 11. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. ATTACHMENT A: ORD. NO. 15-07 Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 FINAL – June 9, 2015 Page 8 of 9 Section 12. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 13. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 14. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] ATTACHMENT A: ORD. NO. 15-07 Ord. No. 15-07 Amending Chapters 5.24, 9.12.080 and 9.40 FINAL – June 9, 2015 Page 9 of 9 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on May 26, 2015 and setting such public hearing for June 12, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on June 12, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT A: ORD. NO. 15-07      Page  1   CHAPTER  5.24  -­‐  Amplified  Sound  Systems     5.24.010  -­‐  Permit  required.     (a) It is unlawful for any person other than an employee of any local or the state or federal government to install, use or operate outdoors, within the Town, a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck without a permit obtained pursuant to Subsection (b) of this Section. (b) Application for a permit shall be made to the Town Clerk on forms provided by him or her. Such application shall be acted upon by the Town Clerk in accordance with an administrative procedure which shall be approved by the Town Council by resolution. (Ord. 88-13 §1(part)) 5.24.020  -­‐  Special  permit  required—public  hearing.     (a) It is unlawful for any person other than an employee of any local or the state or federal government to install, use or operate outdoors in any zone district allowing commercial uses before 8:00 a.m. or after 10:00 p.m. or in Nottingham Park before 9:00 a.m. or after 8:00 p.m., a loudspeaker or sound- amplifying equipment in a fixed or movable position or mounted upon any sound truck without a permit obtained pursuant to Subsection (b) of this Section. (b) Application for a permit shall be made to the Town Clerk on forms provided by him or her. Such application shall be acted upon by the Town Council after public hearing in accordance with an administrative procedure which shall be approved by the Town Council by resolution. (Ord. 88-13 §1 (part)) 5.24.030  -­‐  Prohibited  acts.     (a) It is unlawful for any person other than an employee of any local or the state or federal government, whether or not a permit has been obtained, to install, use or operate outdoors, in any zone district not allowing commercial uses, before 9:00 a.m. or after 8:00 p.m. a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck. (b) It is unlawful for any person, whether or not a permit has been obtained, to amplify any sound other than music or the human voice or a combination thereof. (Ord. 88-13 §1 (part)) 5.24.040  -­‐  Penalty.     Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. (Ord. 07-03 §6) ATTACHMENT B: Chapter 5.24 of Avon Municipal Code ATTACHMENT C: RES. 88-20 ATTACHMENT C: RES. 88-20 ATTACHMENT C: RES. 88-20 ATTACHMENT C: RES. 88-20 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MAY 26, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:12 p.m. A roll call was taken and Council members present were Megan Burch, Buz Reynolds, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Director of Parks and Recreation John Curutchet, Assistant Town Manager Scott Wright, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe 2. APPROVAL OF AGENDA Mayor Pro Tem Wolf asked to add Item 6.3 ECO Transit and Trails update. Town Attorney Eric Heil requested adding the following executive session item: For a conference with the Town Attorney for the purpose of receiving legal advice regarding a Mountain Star water storage tank under C.R.S. §24-6-402(2)(b). Town Manager Virginia Egger asked to add Tiger Grant Support. Council agreed to the changes. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No comments were made. 4. ACTION ITEMS 4.1. PRESENTATION AND MOTION TO ACCEPT THE 2014 TOWN AUDIT (ASSISTANT TOWN MANAGER SCOTT WRIGHT, PAUL BACKES, MCMAHAN & ASSOC., CPAS) Councilor Reynolds moved to accept the 2014 Comprehensive Annual Financial Report; Councilor Burch seconded the motion and it passed unanimously by those present. 4.2. PRESENTATION OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING (CAFR) TO ASSISTANT TOWN MANAGER SCOTT WRIGHT AND FINANCE MANAGER VALERIE B ARRY ON BEHALF OF THE FINANCE DEPARTMENT (MAYOR JENNIE FANCHER) 4.3. PUBLIC HEARING SECOND R EADING OF O RDINANCE NO. 15-06, A REZONING OF LOT B, AVON CENTER SUBDIVISION, FROM PUD TO TOWN CENTER (TC) ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER) Mayor Fancher opened the Public Hearing, no comments were made. Councilor Burch moved to approve the Second Reading of Ordinance No. 15-06, A Rezoning of Lot B, Avon Center Subdivision, from PUD to Town Center (TC) Zone District; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. 4.4. REVIEW AND DIRECTION REGARDING A PROPOSAL BY THE SEASONS FOR REDEVELOPMENT AND CHANGES FROM COMMERCIAL USE TO ACCOMMODATIONS USE A BUTTING THE MAIN STREET MALL (PLANNING MANAGER MATT PIELSTICKER) FINAL - Avon Council Meeting 5-26-2015 Minutes Page 1 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MAY 26, 2015 AVON TOWN HALL, ONE LAKE STREET 4.5. ACTION ON NOTICE OF AWARD FOR THE 2015 RECREATION CENTER REMODEL PROJECT (TOWN ENGINEER JUSTIN HILDRETH) Councilor Reynolds moved to authorize issuance of Notice of Award for the 2015 Recreation Center Remodel Project Contract to the low bidder, Woodstone Homes, in the amount of $104,940. Councilor Smith Hymes seconded the motion and it passed unanimously by those present. 4.6. FIRST READING OF ORDINANCE NO. 15-07, AMENDING CHAPTER 5.24, SECTION 9.12.080 AND CHAPTER 9.40 OF THE AVON MUNICIPAL CODE AND REPEALING RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN PROPERTY AND PROHIBITING SMOKING IN PARKS, OPEN SPACE AND THE MAIN STREET MALL (TOWN ATTORNEY E RIC HEIL) Councilor Reynolds moved to approve the First Reading of Ordinance No. 15-07, Amending Chapter 5.24, Section 9.12.080 and Chapter 9.40 of the Avon Municipal Code and Repealing Resolution No. 88- 20 Concerning Amplified Sound Permits, Permitting of Private Events on Town Property and Prohibiting Smoking in Parks, Open Space and the Main Street Mall. Councilor Prince seconded the motion and it passed on a 6 to 1 vote. Mayor Pro Tem Wolf voted no. 4.7. ACTION ON APPROVAL OF DATES AND FUNDING FOR THE COMMUNITY MUSIC FESTIVAL SERIES, PRODUCER PEAK PERFORMANCES, TO BE HELD AT THE NOTTINGHAM PAVILION ON AUGUST 5, 12 AND 19 (MIKE O’BRIEN, PEAK PERFORMANCES AND FESTIVAL AND SPECIAL EVENTS DIRECTOR DANITA DEMPSEY) Mayor Pro Tem Wolf stepped down due to a conflict of interest. Councilor Burch moved to approve the dates of August 5, 12 and 19, 2015, for the Free Community Concert Series, and funding in the amount of $45,000 to Peak Performances, producer of the event. Funding is approved from the General Fund’s Special Events Assigned Fund Balance. [In addition, I move to approve $8,500 from the General Fund’s Contingency Fund for the performer Keb’ Mo’ on August 19th.] Councilor Reynolds seconded the motion and it passed unanimously by those present. Mayor Pro Tem recused himself. 4.8. PUBLIC HEARING RESOLUTION NO. 15-09, AMENDING THE 2015 GENERAL, WATER, DEBT SERVICE, FLEET MAINTENANCE AND TRANSIT FUND BUDGETS (BUDGET A NALYST KELLY HUITT) Mayor Pro Tem Wolf returned to the meeting. Mayor Fancher opened the Public Hearing, no comments were made. Councilor Reynolds moved to approve Resolution No. 15-09, Amending the 2015 General, Water, Debt Service, Fleet Maintenance and Transit Fund budgets and Resolution No. 15-10, Amending the 2015 Capital Projects Fund budget with the revisions discussed, resort app removed. Councilor Gennett seconded the motion and it passed unanimously by those present. 4.9. PUBLIC HEARING RESOLUTION NO. 15-10, AMENDING THE 2015 CAPITAL PROJECTS FUND BUDGET (BUDGET A NALYST KELLY HUITT) FINAL - Avon Council Meeting 5-26-2015 Minutes Page 2 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MAY 26, 2015 AVON TOWN HALL, ONE LAKE STREET 4.10. MINUTES FROM MAY 12, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) Councilor Gennett moved to approve the Minutes from May 12, 2015; Councilor Reynolds seconded the motion and it passed unanimously by those present. 5. STUDY SESSION 5.1. DISCUSSION REGARDING TOWN OF AVON POLICING PHILOSOPHY, INCLUDING BODY WORN CAMERAS, CORE PATROLLING, SEAT BELT INFRACTIONS, AND REVIEW OF 1ST QUARTERLY POLICE REPORT (POLICE CHIEF ROBERT TICER) 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1. COLORADO MUNICIPAL LEAGUE (CML) EAGLE 2015 SPRING OUTREACH MEETING (MAYOR PRO TEM WOLF) 6.2. UBER UPDATE (MAYOR PRO TEM WOLF) 7. MAYOR & COUNCIL COMMENTS 8. WRITTEN REPORTS 8.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 9. EXECUTIVE SESSION, IF NEEDED (THIS SESSION IS NOT OPEN TO THE PUBLIC) 9.1. FOR THE PURPOSE OF A CONFERENCE WITH THE TOWN ATTORNEY FOR RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) CONCERNING THE TOWN MANAGER INQUIRY. Mayor Fancher moved to meet in Executive Session For the purpose of a conference with the Town Attorney for receiving legal advice under C.R.S. §24-6-402(2)(b) concerning the Town Manager inquiry, And for a conference with the Town Attorney for the purpose of receiving legal advice regarding a Mountain Star water storage tank under C.R.S. §24-6-402(2)(b). Town Attorney Eric Heil asked that the Mountain Star water storage tank under C.R.S. §24-6-402(2)(b) be discussed first and that Town Manager Virginia Egger excuse herself during the Town Manager inquiry item. The time was 9:30 p.m. Council reconvened into regular session at 10:44 p.m. FINAL - Avon Council Meeting 5-26-2015 Minutes Page 3 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MAY 26, 2015 AVON TOWN HALL, ONE LAKE STREET 10. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 10:45 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ FINAL - Avon Council Meeting 5-26-2015 Minutes Page 4