TC Packet 07-12-2016 TOWN OF AVON MEETINGS FOR TUESDAY, JULY 12, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
1
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE __)
REGULAR MEETING BEGINS AT 5:05 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. WORK SESSION
4.1. REVIEW AND DIRECTION REGARDING THE ROUNDABOUT #4 PLANNING AND ZONING RECOMMENDATION FOR
THE DESIGN AND 2017 CONSTRUCTION SCHEDULE (PLANNING DIRECTOR MATT PIELSTICKER)
5. ACTION ITEMS
5.1. PUBLIC HEARING SOUND PERMIT APPLICATION FOR XTERRA MOUNTAIN CHAMPIONS
(DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY)
5.2. PUBLIC HEARING SOUND PERMIT APPLICATION FOR BEC TRI SPRINT TRIATHLON
(DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY)
5.3. PUBLIC HEARING SOUND PERMIT APPLICATION FOR POP UP STRINGS & ART ON THE MAIN STREET MALL
(DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY)
5.4. PUBLIC HEARING MOTION TO CONTINUE SECOND READING ORDINANCE 16-13, APPROVING REZONING
PORTIONS OF LOTS 1, 2A, 2B, 2C, 3 AND 5, MOUNTAIN VISTA RESORT SUBDIVISION, FROM PUD TO TOWN
CENTER ZONE DISTRICT TO JULY 26, 2016 (PLANNING DIRECTOR MATT PIELSTICKER)
5.5. MINUTES FROM JUNE 28, 2016 MEETING (TOWN CLERK DEBBIE HOPPE)
6. WORK SESSION
6.1. UPDATE ON AVON POLICE STATION PROJECT AT BUCK CREEK, INCLUDING 1) FINALIZATION OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE EAGLE RIVER FIRE PROTECTION DISTRICT; 2) GUARANTEED
MAXIMUM PRICE AND VALUE ENGINEERING, 3) BOND FINANCING AND DEBT ISSUANCE, AND 4)
CONSTRUCTION SCHEDULE
(ASSISTANT TOWN MANAGER SCOTT WRIGHT, ENGINEER JUSTIN HILDRETH AND ATTORNEY ERIC HEIL)
6.2 REVIEW OF THE SIMPLIFIED RULES OF ORDER FOR AVON TOWN COUNCIL MEETINGS, AND REQUEST TO AMEND TO
INCLUDE ELECTRONIC COMMUNICATION RESTRICTIONS DURING MEETINGS AND AN ENDING TIME OF 10:00 PM
(TOWN ATTORNEY ERIC HEIL)
6.3 DISCUSSION OF A TOWN COUNCIL INFORMATION BOOTH AT AVON SPECIAL EVENTS
(MAYOR JENNIE FANCHER)
7. WRITTEN REPORTS
8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
TOWN OF AVON MEETINGS FOR TUESDAY, JULY 12, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
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9. MAYOR & COUNCIL COMMENTS
10. TOWN MANAGER UPDATE
11. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) RELATED TO
SUCH REAL PROPERTY DISCUSSION 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)
12. ADJOURNMENT
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JULY 12, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
_________________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 3
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: EAGLE VALLEY HUMANE SOCIETY
EVENT NAME: DANCING IN THE PARK
EVENT DATE: AUGUST 8, 2016
EVENT TIME: 4:00 P.M. UNTIL 8:30 P.M.
LOCATION: NOTTINGHAM LAKE
EVENT MANAGER: CHAR GONSENICA
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
4.2. APPLICANT NAME: BRIGHT FUTURE FOUNDATION
EVENT NAME: OUTLAWS & LEGENDS MUSIC FESTIVAL
EVENT DATES: JULY 29, 2016; 1:00 P.M. UNTIL 11:30 P.M.
JULY 30, 2016; 11:00 A.M. UNTIL 11:30 P.M.
LOCATION: NOTTINGHAM PARK
EVENT MANAGER: CASEY ANGEL
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
5. MINUTES FROM JUNE 28, 2016
6. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 28, 2016
AVON TOWN HALL, ONE LAKE STREET
LA 6-28-2016 Minutes Page 1
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members
present were Jake Wolf, Buz Reynolds, Megan Burch, Scott Prince and Sarah Smith Hymes. Matt
Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil,
Recreation Director John Curutchet, Planning Director Matt Pielsticker, Executive Assistant to the Town
Manager Preston Neill and Town Clerk Debbie Hoppe.
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. RENEWAL OF LIQUOR LICENSES
4.1. Applicant: Y&Z, Inc. d/b/a Nozawa Sushi & Kitchen
Location: 240 Chapel Place
Type: Hotel & Restaurant
Manager: Jennifer Brosch
Vice Chairman Wolf moved to approve the renewal application for Y&Z, Inc. d/b/a Nozawa Sushi &
Kitchen; Board member Reynolds seconded the motion and it passed unanimously by those present.
Board member Gennett was absent.
5. PUBLIC HEARING SPECIAL EVENTS PERMIT
5.1. Applicant Name: Vail Valley Charitable Fund, Inc.
Event Name: Lakeside Sunday’s
Event Dates: July 17, 2016, August 14, 2016 & September 11, 2016
Event Time: 4:00 p.m. until 7:00 p.m.
Location: Nottingham Park Pavilion
Event Manager: Lauren Emenaker
The application was presented with no concerns. Chairman Fancher opened the public hearing and no
comments were made. Board member Reynolds moved to approve the Special Event Permit for the
Lakeside Sunday’s event; Vice Chairman Wolf seconded the motion and it passes unanimously by those
present. Board member Gennett was absent.
5.2. Applicant Name: Eagle Valley Humane Society
Event Name: Pop-up Strings
Event Dates: July 8, 15 & 22, 2016
Event Time: 5:00 p.m. until 8:00 p.m.
Location: Main Street Mall, Lettuce Shed Lane (Venue A) / Possibility Plaza (Venue B)
Event Manager: Char Gonsenica
Permit Type: Malt, Vinous & Spirituous Liquor
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 28, 2016
AVON TOWN HALL, ONE LAKE STREET
LA 6-28-2016 Minutes Page 2
The application was presented with no concerns. Chairman Fancher opened the public hearing and no
comments were made. Board member Smith Hymes moved to approve the Special Event Permit for the
Pop–Up Strings event; Vice Chairman Wolf seconded the motion and it passes unanimously by those
present. Board member Gennett was absent.
6. MINUTES FROM JUNE 14, 2016
Board member Smith Hymes moved to approve the Minutes from June 14, 2016; Vice Chairman Wolf
seconded the motion and it passed unanimously by those present. Board member Reynolds and
Board member Prince abstained from vote. Board member Gennett was absent.
7. ADJOURNMENT
There being no further business to come before the Board, the meeting adjourned at 5:07 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 ______________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director Meeting Date: July 12, 2016 Meeting
Agenda Topic: Roundabout #4 Design Element
ACTION BEFORE COUNCIL
Work Session and direction on Roundabout #4 Design Element.
BACKGROUND
The decision to create a distinct art feature in Roundabout #4 was part of a larger master plan for the
development of Possibility Plaza and the Main Street Mall, which included the relocation of the
dominant bronze from Roundabout #4 in order to bring an identifiable wayfinding monument to
identify entry to the Plaza and Mall. The 2014 plan called for Roundabout #4 to be differentiated
from the other bronze roundabout statues in order for the “center of town” to be easily identified
by a unique and interesting art piece. The relocation of the ‘Possibility’ was completed, and
construction of a 2015 World Alpine Ski Championship (WASC) piece was constructed in the interim.
TIMELINE
2013
o Main Street Pedestrian Mall Design Process
o New Roundabout Design Element was Studied by Zehren & Associates
2014
o Main Street Mall Construction in Summer
o Council Approves $75K in Fall for 2015 WASC Wood Feature
o Planning and Zoning Commission approves 2015 WASC gateway Wood feature with banners;
moving ‘Possibility’ Bronze to Possibility Plaza; and Lasso moves to center of Roundabout
within WASC Wood Feature. PZC conditionally approved the current installation until June,
2016.
2015
o RFP Issued for Artists to Design Permanent Structure
o Ad-Hoc Committee formed with staff, Artists, Council Members and Planning Commissioners,
to review the RFP submittals. Committee chooses four (4) finalists; a $2,500 stipend for
each selected artist was awarded to complete final proposals for consideration by Council.
o July - Staff consults with John Kelly, EPS-Doublet, and manufacturer of 2015 WASC Wood
Feature. Mr. Kelly engineered as a permanent installation and can be expected to last 10 – 15
years with no upkeep. The timbers can be stained over time to maintain a fresher look.
Work Session | Roundabout #4 Design Element 1
o September 8th– Four (4) artists presented to Council: Floyd Elzinga (c/o Art Advisory
Services), Frank Swanson, Christopher Weed, and Joshua Wiener. Council directs staff to
solicit PZC for review and a recommendation.
o September 29th – Artists presented concepts to the PZC. PZC unanimously approved a
motion to recommend that the Avon Town Council employ artist Christopher Weed for final
design work.
FINANCIAL IMPLICATIONS
The 2016 adopted budget allocates $15,000 for final design of the Roundabout #4 art element. The
Town Council’s adopted Five-year Capital Improvements Plan includes funding of $230,000 for 2017
construction and installation.
OPTIONS:
1) Solicit public input from July 15 – August 9, through a press release and exhibition of the
existing element and the four (4) artists’ submittals and then take action.
2) Select artist, as recommended by the PZC, and authorize Town Manager to enter into a
contract to produce construction documents based on submitted art work.
3) Select artist, and authorize the Town Manger to enter into a contract to produce
construction documents based on alternative art piece(s).
4) Re-advertise for new designs; establish budget
5) Delay project.
ATTACHMENTS
Exhibit A: Floyd Elzinga
Exhibit B: Frank Swanson
Exhibit C: Christopher Weed
Exhibit D: Joshua Wiener
For Complete Artist Proposals, Please view the September 8, 2016 Council Packet online
at: http://www.avon.org/ArchiveCenter/ViewFile/Item/1961
Work Session | Roundabout #4 Design Element 2
Exhibit A – Floyd Elzinga
Work Session | Roundabout #4 Design Element 3
Exhibit A –Floyd Elzinga
Work Session | Roundabout #4 Design Element 4
Exhibit B – Frank Swanson
Work Session | Roundabout #4 Design Element 5
Exhibit B – Frank Swanson
Work Session | Roundabout #4 Design Element 6
Exhibit C – Christopher Weed
Work Session | Roundabout #4 Design Element 7
Exhibit D – Joshua Wiener
Work Session | Roundabout #4 Design Element 8
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Meeting Date: July 12, 2016
Agenda Topic: PUBLIC HEARING SOUND PERMIT APPLICATION FOR XTERRA TRIATHLON
ACTION BEFORE COUNCIL
The Town Council is asked to consider approving an Amplified Sound Permit on July 12, 2016, as requested by
Team Unlimited, LLC for the XTERRA Triathlon Event.
PROPOSED MOTION
I move to approve (or approve with conditions or deny) the Amplified Sound Permit for XTERRA Triathlon on
Saturday, July 16, 2016.
OVERVIEW
A Public Hearing is required on Outdoor Use of Amplified Sound for events that will be using amplified sound
systems before 9:00 a.m. or after 8:00 p.m. in Harry A. Nottingham Park (Avon Municipal Code Chapter
5.24.020). The start time of the XTERRA Triathlon Event will be 6:30 a.m. and end time is 10:30 a.m.
A PUBLIC NOTICE was published in the Vail Daily on July 6, 2016 announcing the Public Hearing on July 12,
2016. The applicant has submitted the $25 processing fee for the amplified sound permit and has been invited
to attend the meeting.
BACKGROUND
Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit.
The Council, in making its decision to issue the Amplified Sound Permit, may consider the following:
1.1. Comments by the public.
1.2. Necessity of the permit for the cultural, historical or social benefit of the community.
1.3. Proximity of the proposed location to residential neighborhoods.
1.4. Proposed direction of sound projection.
1.5. Screening of sound from neighboring properties.
1.6. Compatibility with other uses and activities in the vicinity.
The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse
effects upon the community or surrounding neighborhood.
ATTACHMENTS
Application for Outdoor Use of Amplified Sound Equipment
Diagram of Event in Nottingham Park showing Amplified Sound Projections
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Meeting Date: July 12, 2016
Agenda Topic: PUBLIC HEARING SOUND PERMIT APPLICATION FOR BECTRI SPRINT TRIATHLON
ACTION BEFORE COUNCIL
The Town Council is asked to consider approving an Amplified Sound Permit on July 12, 2016, as requested by
Vail Valley Charitable Fund for the BecTri Sprint Triathlon Event.
PROPOSED MOTION
I move to approve (or approve with conditions or deny) the Amplified Sound Permit for BecTri Sprint
Triathlon on Saturday, August 6, 2016.
OVERVIEW
A Public Hearing is required on Outdoor Use of Amplified Sound for events that will be using amplified sound
systems before 9:00 a.m. or after 8:00 p.m. in Harry A. Nottingham Park (Avon Municipal Code Chapter
5.24.020). The start time of the BecTri Sprint Triathlon Event will be 7:00 a.m. and end time is 11:30 a.m.
A PUBLIC NOTICE was published in the Vail Daily on July 6, 2016 announcing the Public Hearing on July 12,
2016. The applicant has submitted the $25 processing fee for the amplified sound permit and has been invited
to attend the meeting.
BACKGROUND
Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit.
The Council, in making its decision to issue the Amplified Sound Permit, may consider the following:
1.1. Comments by the public.
1.2. Necessity of the permit for the cultural, historical or social benefit of the community.
1.3. Proximity of the proposed location to residential neighborhoods.
1.4. Proposed direction of sound projection.
1.5. Screening of sound from neighboring properties.
1.6. Compatibility with other uses and activities in the vicinity.
The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse
effects upon the community or surrounding neighborhood.
ATTACHMENTS
Application for Outdoor Use of Amplified Sound Equipment & Diagram of Event in Nottingham Park
showing Amplified Sound Projections
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Meeting Date: July 12, 2016
Agenda Topic: PUBLIC HEARING SOUND PERMIT APPLICATION FOR POP- UP STRINGS EVENT ON THE MAIN STREET MALL
ACTION BEFORE COUNCIL
The Town Council is asked to consider approving an Amplified Sound Permit on July 12, 2016, as requested by
the Town of Avon for the Pop-Up Strings Event.
PROPOSED MOTION
I move to approve (or approve with conditions or deny) the Amplified Sound Permit for Pop-Up Strings on
Friday, July 15 and 22, 2016.
OVERVIEW
A Public Hearing is required on Outdoor Use of Amplified Sound for events that will be using acoustic or
amplified sound systems before 8:00 a.m. or after 10:00 p.m. in the Main Street Mall (Avon Municipal Code
Chapter 5.24.020). The start time of the Pop-Up Strings will be 6:00 p.m. and end time is 7:30 p.m.
A PUBLIC NOTICE was published, as required in Avon Municipal Code, for the Public Hearing on Wednesday,
July 6, 2016. Town staff has completed outreach, beyond that required by Avon Municipal Code, to
properties adjacent to the Main Street Mall with notice of tonight’s Public Hearing.
BACKGROUND
Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit.
The Council, in making its decision to issue the Amplified Sound Permit, may consider the following:
1.1. Comments by the public.
1.2. Necessity of the permit for the cultural, historical or social benefit of the community.
1.3. Proximity of the proposed location to residential neighborhoods.
1.4. Proposed direction of sound projection.
1.5. Screening of sound from neighboring properties.
1.6. Compatibility with other uses and activities in the vicinity.
The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse
effects upon the community or surrounding neighborhood.
ATTACHMENTS
Application for Outdoor Use of Amplified Sound Equipment
Diagram of Event in Main Street Mall showing location of sound projections
Pop Up Strings Premises Map / Sound
July 15 and 22, 2016
“Venue A” Lettuce Shed Lane
“Venue B” Possibility Plaza
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, Planning Director
Meeting Date: July 12, 2016
Agenda Topic: Public Hearing and Motion to Continue Second Reading of Ordinance No. 2016-13
Approving Rezoning Lots 1, 2A, 2B, 2C, 3, and 5, Mountain Vista Resort Subdivision,
From PUD to Town Center District
I respectfully ask that the Public Hearing and Second Reading of Ordinance No. 2016-13 – Approving
Rezoning Lots 1, 2A, 2B, 2C, 3, and 5, Mountain Vista Resort Subdivision, From PUD to Town Center
District, be continued to the July 26, 2016 meeting. The applicant and Staff continue to work on an
amended Development Agreement for consideration during second reading. Thank you.
PROPOSED MOTION
I move to continue the Public Hearing and Second Reading of Ordinance No. 2016-13 – Approving
Rezoning Lots 1, 2A, 2B, 2C, 3, and 5, Mountain Vista Resort Subdivision, From PUD to Town Center
District, to the July 26, 2016 meeting.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JUNE 28, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 06-28-2016 Minutes Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher 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, Megan Burch, Buz Reynolds and Jake Wolf. Matt
Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning
Director Matt Pielsticker, Recreation Director John Curutchet, Human Resources Director Lance
Richards, Assistant Town Manager Scott Wright, Executive Assistant to the Town Manager Preston Neill,
and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Mayor Fancher asked to add an agenda item regarding a recommendation from the Trails Plan Update
Steering Committee for the completion of a wildlife study. Mayor Fancher also asked for a discussion to
set dates for Council and members of the public to do a site tour of the proposed trails. These items
were added as 5.4 and 5.5.
5.4 – Direction was provided to staff to contact Colorado Parks & Wildlife (CPW) and ask them to
complete an assessment of wildlife. Staff was asked to send out as a referral prior to Planning & Zoning
Commission action on the wildlife study.
5.5 – Direction was provided to staff to set up at least 2 to 4 site tours of the proposed trails.
3. PUBLIC COMMENT
Nathaniel Davis, Anna Boyd and Louis Demato commented.
Matt Gennett arrived at 5:15 p.m.
4. PRESENTATION
START TIME: 00:07:05
Louis Demato commented.
4.1. UNITED STATES FOREST SERVICE PRESENTATION (AARON MAYVILLE, ACTING DISTRICT RANGER)
5. ACTION ITEMS
START TIME: 00:41:07
5.1. PUBLIC HEARING SOUND PERMIT APPLICATION FOR POP UP STRINGS & ART ON THE MAIN STREET MALL JULY
8, 2016 (DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY)
Mayor Fancher opened the Public Hearing and no comments were made. Mayor Pro Tem Wolf
moved to approve the Amplified Sound Permit for Pop-Up Strings on Friday, July 8, 2016; Councilor
Smith Hymes seconded the motion and it passed unanimously by those present.
5.2. REVIEW AND ACTION ON MR. PAUL EGAN’S APPEAL OF THE DENIAL OF A REAL ESTATE TRANSFER TAX REFUND
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Councilor Prince moved to approve Mr. Egan’s appeal for the refund of real estate transfer tax, with
the stipulation that Mr. Egan must provide the closing statement to confirm he did pay a transfer tax,
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JUNE 28, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 06-28-2016 Minutes Page 2
ensure the correct amount is refunded, and confirm his unit does have the LMI deed restriction.
Councilor Prince also added a stipulation that the seller of the property must be refunded of any real
estate transfer tax amount paid; Mayor Pro Tem Wolf seconded the motion and it passed on a 6 to 1
vote. Councilor Gennett voted no.
Councilor Smith Hymes moved to direct staff to clean up the municipal code pertaining to the real
estate transfer tax; Councilor Gennett seconded the motion and it passed unanimously by those
present.
5.3. PUBLIC HEARING AND MOTION ON RESOLUTION 16-16, APPROVING THE MEZA PUD AMENDMENT FOR LOT
110, BLOCK 1, WILDRIDGE SUBDIVISION - CONTINUED FROM THE JUNE 14, 2016 COUNCIL MEETING (PLANNING
DIRECTOR MATT PIELSTICKER)
Dominic Murillo presented the Meza PUD.
Mayor Fancher opened the Public Hearing and no comments were made. Mayor Pro Tem Wolf
moved to approve Resolution 16-16, A Resolution approving File #PUD16003, an Application for a
Minor PUD Amendment to the Meza PUD; Councilor Prince seconded the motion and it passed
unanimously by those present. Councilor Reynolds abstained from the vote.
6. WORK SESSION
START TIME: 02:22:08
6.1. REVIEW AND DIRECTION REGARDING PROPOSED LAND SWAP/ACCESS EASEMENT FOR THE DEVELOPMENT OF
LOT 39 AND TRACT O, BLOCK 4, WILDRIDGE SUBDIVISION (TOWN ATTORNEY ERIC HEIL)
Councilor Reynolds recused himself due to a conflict.
6.2. REVIEW AND DIRECTION REGARDING XCEL/PUBLIC SERVICE COMPANY GAS LINE CHARGES IN WILDRIDGE
(TOWN ATTORNEY ERIC HEIL)
Councilor Reynolds returned to the meeting.
7. ACTION ITEMS
START TIME: 02:47:15
7.1. RESOLUTION 16-19 ADOPTING THE TOWN OF AVON 2017-18 STRATEGIC PLAN
(TOWN MANAGER VIRGINIA EGGER)
Michael Cacioppo commented.
Councilor Gennett moved to approve Resolution 16-19 Adopting the Town of Avon 2017-18 Strategic
Plan as modified; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those
present.
8. CONSENT AGENDA
START TIME: 04:11:20
8.1. BUTLER SNOW ENGAGEMENT LETTER (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
8.2. MINUTES FROM JUNE 14, 2016 MEETING (TOWN CLERK DEBBIE HOPPE)
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JUNE 28, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 06-28-2016 Minutes Page 3
8.3.MINUTES FROM JUNE 14, 2016 RETREAT (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
Councilor Burch moved to approve the consent agenda items; Councilor Gennett seconded the
motion and it passed unanimously by those present.
9. WRITTEN REPORTS
9.1. MONTHLY FINANCIAL REPORT (BUDGET ANALYST KELLY HUITT)
9.2. GIFT REPORTING – 2016 REDS, WHITES & BREWS FESTIVAL, COVERROCK FESTIVAL & BEAVER CREEK RODEO
SERIES VIP TICKETS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
START TIME 04:11:57
10.1. ECO TRAILS & TRANSIT (MAYOR PRO TEM JAKE WOLF)
10.2. UERWA (COUNCILOR SARAH SMITH HYMES)
10.3. EAGLE COUNTY CLIMATE ACTION TASK FORCE (COUNCILOR SARAH SMITH HYMES)
11. MAYOR & COUNCIL COMMENTS
12. EXECUTIVE SESSION: PURSUANT TO COLORADO REVISED STATUE 24-6-402(4)(F) FOR THE PURPOSE OF
DISCUSSING PERSONNEL MATTERS
Mayor Fancher moved to meet in Executive Session for the purpose of Discussing Personnel Matters.
The time was 9:45 p.m.
Executive session began at 9:51 p.m.
Executive session ended at 10:42 p.m. Council reconvened into regular session at 10:42 p.m.
Mayor Fancher moved to approve the Town Manager’s evaluation process as presented with the
addition of any information regarding a salary change request is received with the packet materials on
the Friday prior to the meeting. The time for the evaluation will be set prior to the start of the regular
meeting. The list of community members being surveyed is to be reviewed by all of Council, not just
Town Manager and Mayor. Councilor Burch seconded the motion and it was passed unanimously by
those present.
13. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 10:44 p.m.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, JUNE 28, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 06-28-2016 Minutes Page 4
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: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 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: Revisions to IGA for Joint Public Safety Facility
DATE: June 9, 2016
Summary: Council adopted Ordinance No. 16-10 Authorizing the Acquisition of a Real Property
Interest in Lot 1B, Buck Creek Subdivision, Town of Avon on June 14, 2016. Ordinance No. 16-10
authorized the Town Manager to negotiate, amend and finalize the terms of the IGA subject to review and
approval by the Town Attorney. Since approving the form of the IGA on June 14, 2016, the Fire District and
the Town’s bond counsel have provided a number of comments and suggested revisions.
A comparison of the July 8, 2016 version compared to the form of the IGA approved on June 14, 2016
is provided for your information. No Council action is requested; however, Council members are welcome
to ask questions or express concerns. The July 8, 2016 version of the IGA has not been executed, but is
expected to represent a final form of the document that is acceptable to the Fire District and bond counsel.
Revisions Include the Following:
The definition of “Change Order” and “Work” was added for cross-reference and consistency with the AIA
construction document.
8.d. Acknowledgement of a Lump Sum Contract is included because that approach is currently under
discussion with the Fire District and Construction Manager. A Lump Sum Contract would not change the
Town’s commitment to a maximum price for the project.
13.b. Facilities Management Plan – this section was simplified to reflect the principles for cost allocation but
not attempt to describe details of various utilities which are not known or finalized at this time.
18. The Fire District requested a separate section for Default, Right to Cure which grants each party the
Right to Cure a default in financing payments by the other party and to then assume the security interest (in
the Town’s case, the remainder of the lease term).
Thank you, Eric
ATTACHMENTS: Joint Public Safety Facility IGA REDLINE
M EMORANDUM & PLANNING, LLC
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INTERGOVERNMENTAL AGREEMENT
CONCERNING THE OWNERSHIP, CONSTRUCTION, OPERATION AND
MAINTENANCE OF THE JOINT FIRE-POLICE STATION FACILITY
BETWEEN THE TOWN OF AVON AND
THE EAGLE RIVER FIRE PROTECTION DISTRICT
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered
into on July _______, 2016, (“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 is under contract to acquirehas acquired Lot 1B, Buck Creek PUD,
as described and defined in the Plat recorded December 30, 2009, Reception No. 200927819,
County of Eagle, State of Colorado (“Lot 1B”) with the intent to design, finance and construct a
joint regional fire station and Town of Avon police station on Lot 1B (“Joint Public Safety
Facility”); and,
WHEREAS, the Parties entered into an INTERGOVERNMENTAL AGREEMENT FOR A
JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE
EAGLE RIVER FIRE PROTECTION DISTRICT, dated April 28, 2015; which was amended by
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, dated June 9, 2015; and amended by SECOND
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE
STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE
PROTECTION DISTRICT, dated January 11, 2016; and amended by the THIRD
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE
STATION FACILITY BETWEEN THE TOWN OF AVON AND EAGLE RIVER FIRE
PROTECTION DISTICT, dated January 26, 2016; and amended by the FOURTH
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE
STATION FACILITY BETWEEN THE TOWN OF AVON AND EAGLE RIVER FIRE
PROTECTION DISTRICT, dated February 2, 2016 (collectively referred to as the “2015 IGA”);
and,
WHEREAS, in accordance with the terms of the 2015 IGA, the Parties each referred a ballot
measure concerning construction financing to their respective electorates for consideration on
May 3, 2016 and the respective voters for each Party approved the referred ballot measures; and,
WHEREAS, the Parties desire to proceed with constuctionconstruction of a Joint Public Safety
Facility and thereby desire to replace and supercedesupersede the 2015 IGA with this new
Agreement to address various matters, including but not limited to conveyance of an undivided
interest in Lot 1B to the Town of Avon, closing on construction financing, orderly and efficient
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cooperation of a Construction Manager contract and Architectural Services contract, use and
occupancy, operation and maintancemaintenance, and such other matters concerning each
Party’s rights and obligations in the Joint Public Safety Facility; and,
WHEREAS, the Parties acknowledge that each Party must close on its respective bond
financing as a condition of proceeding with construction of the Joint Public Safety Facility and
that the closing of each Party’s bond financing will necessarily require satisfaction of many pre-
requisitiesrequisites, which the Parties desire to identify in this Agreement in order to promote
the timely and orderly coordination of each Party’s efforts to facilitate closing of the bond
financing and commencement of construction; 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:
Part 1 – Construction of Joint Public Safety Facility
1. Recitals Incorporated. The Parties agree that the recitals stated above are hereby
incorporated into the terms of this Agreement.
2. Definitions.
a. Architect shall mean Davis Partnership Architects, P.C.
b. Change Order shall mean “Change Order” as defined in the agreement for architectural
services with Davis Partnership Architects, P.C. (AIA Document B101-2007, dated May
18, 2015) and the agreement for construction manager services (AIA Document A133-
2009, dated _________).
b.c. Common Elements shall mean any property which is part of the Property and not
included in Unit A or Unit B. Avon and Fire District shall each have non-exclusive
access and right to use and enjoy the the Common Elements as defined in this
Agreement.
c.d. Construction Contracts means all contracts entered into by Avon and the Fire
District related to the design and construction of the Joint Public Safety Facility,
including but not limited to, the agreement for architeturalarchitectural services with
Davis Partnership Architects, P.C. (AIA Document B101-2007, dated May 18, 2015) and
the agreement for construction manager services (AIA Document A133-2009, dated
_________) (“Construction Contracts”).
d.e. Construction Manager shall mean Evans Chaffee Construction Group.
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e.f. Construction Manager Contract shall mean the AIA Document A133-2009, AIA
Document A201-2007, including any documents referenced therein, and any addendum,
Change Orders or amendments to such documents.
f.g. Coordinated Unit Maintenance shall mean those elements of the individual Units which
should be repaired simultaneously, including but not limited to the exterior walls of the
Facility Structure.
g.h. Effective Date shall mean the date stated in the first paragraph of this Agreement.
h.i. Facility Structure shall mean the Joint Public Safety Facility building occupying Lot 1B,
but not including driveways, drive aprons, parking areas, retaining walls, landscape and
other portions of the Lot 1B outside of the footprint of the building as construction, as is
specifically decribeddescribed in Exhibit XXC: Joint Public Safety Facility Plat
attached to and made a part of this Agreement.
i.j. Lot 1B shall mean Lot 1B, Buck Creek Subdivision, Avon, Colorado as described in the
subdivision plat recorded by reception number __________ and including the area of the
Reconveyance Parcel as defined herein.
j.k. Lot 1B Closing shall mean the date that the Fire District conveys an undivided interest in
Lot 1B to the Town of Avon.
k.l. Property shall mean Lot 1B, Buck Creek Subdivision, Filing No. 2, Avon, Colorado,
dated ___________ and recorded in the Eagle County Clerk and Recorder’s Office,
Reception No. _____________._____________, with a physical address of 60 Buck
Creek Road, Avon, CO 81620.
l.m. Reconveyance Parcel shall mean the portion of Lot 1A, Buck Creek Subdivision,
Filing No. 1, Avon, Colorado, in the amount of 4,479.00 square feet, more or less, as
described in the Memorandum of Agreement, Lot 1A, Buck Creek Subdivision, Filing
No. 1, dated June 8, 2015, and recorded in the Eagle County Clerk and Recorder’s Office,
Reception No. 201510241 (“June 8, 2015 MOA”).
m.n. Unit shall meansmean the physical portion or individual air space of the Facility
Structure and Property designated for separate and exclusive use by a Party, the
boundaries of which are defined in Exhibit XXC: Joint Public Safety Facility Plat.
o. Work shall mean “Work” as defined in the agreement for architectural services with
Davis Partnership Architects, P.C. (AIA Document B101-2007, dated May 18, 2015) and
the agreement for construction manager services (AIA Document A133-2009, dated
_________), as may be amended from time to time.
3. Amendment and Replacement of Prior IGAs. The 2015 IGA, as defined in the
Recitals, is hereby amended and replaced in its entirety by this Agreement.
4. Conveyance of Real Property Interest.
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a. Terms and Pre-Conditions. Fire District and Avon acknowledge that an undivided in
interest in Lot 1B must be conveyed to Avon as a pre-requisite to Avon closing on
bondits Certificate of Participation financing.
b. Inclusion of Reconveyance Parcel. Lot 1B shall include the Reconveyance Parcel. Fire
District agrees to diligently pursue conveyance of the Reconveyance Parcel prior to Lot
1B Closing in accordance with the terms of the June 8, 2015 MOA.
c. Subdivision Replat. The Parties acknowledge that a subdivision replat shall be required
to reflect the conveyance of the Reconveyance Parcel from Lot 1A, Buck Creek
Subdivision, Filing No. 1, to Lot 1B. Fire District agrees to commission Gore Range
Surveying LLC, or other surveyor, to prepare a replat of Lots 1A and 1B to reflect the
conveyance of the Reconveyance Parcel to Lot 1B and agrees to provide an updated title
insurance commitment. The Town agrees to prepare other subdivision application
information and promptly review the subdivision application. Town agrees that it will
not charge the Fire District or Avon MOB LLC (the owner of Lot 1A, Buck Creek
Subdivision, Filing No. 1) application fees or costs for the subdivision replat application.
Town anticipates that the subdivision application will be subject to administrative review
and approval.
d. Special Warranty Deed. The Fire District agrees to convey an undivided interest in Lot
1B to the Town of Avon in materially the same form as the special warranty attached
hereto as Exhibit XXA: Form of Special Warranty Deed, such that the Eagle River
Fire Protection District and the Town of Avon shall own the Property as a Tenancy in
Common with the Eagle River Fire Protection District owning a 55% undivided interest
and the Town of Avon owning a 45% undivided interest in the Property, subject to the
rights, obligations and terms of this Agreement, for such consideration and with such
credits as is defined in the 2015 IGA.
e. Extinguishment of Promissory Note. Simultaneously with the conveyance of the
undivided interest in Lot 1B to the Town of Avon, Avon agrees that the Annual
Appropriation Note, dated June 8, 2015, shall be satisfied in full and shall be released and
terminated by Avon and the original of such Annual Appropriation Note shall be returned
to the Fire District. Avon agrees to pay the balance of the amount payable to the Fire
District for Avon’s share of the costs of Lot 1B which is now fixed at Eight Hundred
Fifty Two Thousand Forty Two and 23/100 Dollars ($852,042.33) after application of the
remaining balance of the Annual Appropriate Note to such fixed amount.
5. Construction Financing. Avon and Fire District each represent to the other that each
Party is using best efforts to proceed to closing on each Party’s respective bond financing
financings on or prior toabout July 28, 2016, in order to enable construction to commence on
August 1, 2016, or as soon thereafter as practicable. In the event financing for a party is not
available by August 1, 2016, such party shall notify the other party and such party may make
arrangements for payments to avoid or reduce delay in the commencement of the construction.
6. Sales Tax on Construction Materials. Avon agrees that construction materials
purchased, delivered and used on buildings owned by local, state and federal governmental
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entities are exemptionexempt from the Town’s sales tax, and therefore agrees that no Town sales
tax shall be imposed on construction materials used for the Fire District portion of the
construction, Common Elements or Facility Structure.
7. Waiver of Water Tap and Building Permit Fees. As summarized in Exhibit XXB,
Avon agrees to waive building permit planning review fees in an amount not to exceed $93,209
and the Fire District agrees to waive fire sprinkler fees, fire alarm fees and fire impact fees in an
amount not to exceed $13,604.40 related to the construction of the Facility Structure and
Common Elements on the Property.
8. Construction.
a. Cooperation. Each Party agrees to cooperate in good faith and coordinate with the other
Party to perform in a timely manner as the Owner in the Construction Contracts, and
further agrees to promptly notify the other Party of any circumstance or situation which
may delay or affect the ability of such Party to perform in a timely manner as the Owner.
b. Apportionment of Costs. The apportionment of costs for construction of the Joint
Public Safety Facility, including but not limited to architectural services, pre-construction
management services, and the Construction Manager Contract and other related pre-
construction services which arise from contracts entered into by both Avon and the Fire
District, and the apportionment of construction costs, including but not limited to the
agreement for architectural services withwhich are based on Exhibit XXB: 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, as may be amended from time to time.
c. Payment ResponsiblityResponsibility. All 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 constractsConstruction Contracts only to the extent of each
Party’s respective Apportioned Cost, or other apportionment as may be mutually agreed,
and that the Parties are not jointly and severally liable for the entire cost of Construction
Contracts.
d. Guaranteed Maximum Price. or Lump Sum Payment. The Parties agree to review a
Guaranteed Maximum Price proposal from the Construction Manager in accordance with
§2.2 of A133 Agreement with the Construction Manager. Provided that the Apportioned
Cost of the Guaranteed Maximum Price does not exceed the amount of funds each Party
has appropriated, each Party agrees that acceptance of the Guaranteed Maximum Price
proposal shall not be unreasonably withheld. The Parties may also agree to a Lump Sum
Contract with the Construction Manager.
e. Payments. The Parties each agree to receive, process and make payment in accordance
with the terms of the Construction Contracts, provided that each Party’s payment shall be
in the amount of the Apportioned Cost. The Parties agree that the Construction Manager
Contract shall require the Construction Manager’s pay applications to include a cover
sheet with a cost allocation of the portion of Work completed for each Party’s portion of
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the Joint Public Safety Facility. In the event either Party disputes a pay application or
requests additional information or testing, such Party shall promptly notify the other
Party.
f. Change Orders. The Parties agree that the Construction Manager Contract shall require
the Construction Manager to provide a cost allocation to each Party for every Change
Order and that every Change Order will require the signature of the Construction
Manager, the Architect, Town of Avon and Eagle River Fire Protection District. The
Party not requesting a Change Order may object to a Change Order requested by the
other Party if (1) such Change Order increases cost of construction or projected operation
and maintenance costs for the non-requesting Party or if, (2) the Change Order would
result in delay of the completion of construction, or (3) the Changer Order would
adversely affect the programming for the non-requesting Party; otherwise, each Party’s
approval and signature of Changes Orders shall not be unreasonably withheld or delayed.
g. Adjustment to Apportionment of Costs. The Parties agree that the Apportioned Cost
shall be adjusted when the actual designs for the Joint Public SafteySafety 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 AB-(x): ApporportionedApportioned Cost,
unless another method of allocation is mutually determined appropriate. The updated
replacement Exhibit AB-(x): Apportioned Cost shall automatically replace and
supercedesupersede any previously adopted Exhibit AB-(x): Apportioned Cost and shall
automatically become a part of this Agreement. Any updated replacement Exhibit AB-
(x): Apportioned Cost shall be numbernumbered sequentially to denote the most updated
version (e.g. AB-1, AB-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 AB-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 orderChange Order or amendment to any 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 Construction
Contracts unless the Parties mutually agree that another method or formula is appropriate.
h. Final Payment. Each Party shall follow and complete all applicable requirements,
including publication of Notice of Final Payment, before making final payment to the
Construction Manager for its portion of the cost of the Joint Public Safety Facility.
9. Warranties. The Parties agree to share information, promptly review and coordinate a
demand to correct any Work pursuant to warranty provisions in the Construction Contracts.
9.10. Termination of Tenancy and Vacation of the WildrigeWildridge Station. Avon may
terminate the District’s tenancy of the Wildridge Fire Station 90 days after the earlier to occur of
Avon issuing a Temporary Certificate of Occupancy or issuing a Final Certificate of Occupancy
to the District for the Regional Avon Fire Station. The Parties agree that this Second
AmendmentAgreement and the issuance of Temporary Certificate of Occupancy or Final
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Certificate shall serve as all required legal notice. The District agrees to remove all personal
property from the premises not owned by the Avon and to clean the premises to commercial
reasonable standards prior to vacating the premises.
10.11. Termination of Lease and Vacation of the Avon Fire Station. Avon may terminate its
existing lease with the District for the Avon Fire Station District 90 days after the earlier to occur
of Avon issuing a Temporary Certificate of Occupancy or issuing a Final Certificate of
Occupancy to the District for the Regional Avon Fire Station. The Parties agree that this Second
AmendmentAgreement and the issuance of Temporary Certificate of Occupancy or Final
Certificate shall serve as all required notice under the applicable lease. The District agrees to
remove all personal property from the premises not owned by the Avon and to clean the premises
to commercial reasonable standards prior to vacating the premises.
Part 2 – Use and Occupancy of Joint Public Safety Facility
11.12. Use and Occupancy of Units.
a. Unit Description. The Facility Structure is divided in to Unit A, Unit B, and Common
Elements, as described in Exhibit XXC: Joint Public Safety Facility Plat. The Parties
agree that upon completion of construction a revised Joint Public Safety Facility Plat
shall be prepared, executed and recorded in the Eagle County Clerk and Recorder’s
Office.
b. Use and Occupancy of Units. The Fire District (including its lessees, assigns and
tenants) shall have the exclusive use and enjoyment of Unit A and Avon (including its
lessees, assigns and tenants) shall have the exclusive use and enjoyment of Unit B,
subject to the terms of the Agreement. Each Party’s rights include the right to access the
Unit, the right to use, access and enjoy the Common Elements, subject to the terms of this
Agreement. The use of each Unit shall be incompliance with the Public Facility zone
district regulations of the Town of Avon and other applicable local, state and federal
regulations.
c. Partition of Units. No Party may partition, subdivide or in any manner divide a Unit
into two or more units without the approval of the other Party, which may be granted or
withheld in such Party’s sole discretion, and which shall be subject to approval by the
Town of Avon in accordance with the Town’s development, land use, building and other
applicable regulations.
d. Lease or Sublet. Each Party shall have the right to lease or sublet all or any portion of
the Party’s assigned Unit provided that the use of such Unit is (1) in compliance with the
terms of this Agreement, (2) in compliance with applicable local, state and federal
regulations, and (3) is incompliance with the terms of any financing that creates an
encumbrance on the Unit. Each Party shall remain responsible for any loss, damage or
destruction which occurs during any such lease or sublet period as if such Party were
occupying the assigned Unit. Nothing herein shall limit the ability of such Party from
asserting claims against such tenants or other third parties who may be responsible to the
Party leasing or subletting an assigned Unit. Notwithstanding the foregoing, no Party
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may lease or sublet any portion of its assigned Unit to an entity that is not a local
government without receiving an opinion of bond or special counsel to the effect that
such lease or sublease will not affect the tax-exempt status of any financing currently
outstanding relating to the Joint Public Safety Facility.
d.
12.13. Operation and Maintenance.
a. No Impairment of Structural Soundness. Neither Party shall perform or permit any act
or work that would impair the structural soundness or integrity of the Facility Structure or
impair an easement, utility or Common Element.
b. Facility Management Plan. The Parties agree to prepare a Facility Management Plan
prior to the issuance of a Temporary Certificate of Occupancy, which Facility
Management Plan will address the operation, maintenance, repair and replacement of the
Common Elements and Coordinated Unit Maintenance. The Parties agree to meet on an
annual basis to review and update the Facility Management Plan. The Facility
Management Plan may address any aspect of the operation, maintenance, repair and
replacement of the Common Elements and Coordinated Unit Maintenance and may
include agreements to establish funds for operation and maintenance and capital reserve
funds for replacement, and the payment of invoices based on the Apportioned Costs. The
Facility Management Plan shall include the following elements:
b.i. Maintenance and Repair of Unit. Each Party agrees to maintain and repair its Unit
as may be reasonably necessary to prevent damage to the other Unit.
c.ii. Payment. Each Party shall agree to make payment within thirty (30) days of receipt
of an invoice for an operation, maintenance, repair or replacement expense that is
divided between the Parties per the Apportioned Cost, unless the Parties
mutallymutually agree to a shorterdifferent timeframe as may be required for certain
work or servicesin the Facilities Management Plan.
d.iii. General Maintenance, Repair and Replacement. For any Common Elements the
Parties agree that all improvements shall be maintained, promptly repaired, and
replaced when deteriorated beyond repair. The Parties shall consult and mutually
agree on the timing, scope and budgeting of maintenance, repairs and replacement.
The Parties agree to coordinate contracts for services as may be efficient and cost
effective, including but not limited to: janitorial services, trash/recycling, and elevator
maintenance and inspections. The Parties agree that damage or breakage which
negatively impacts the use of a Unit or has the potential to result in additional damage
to a Unit if not corrected shall be repaired or addressed as soon as practical.
e. Utilities.Facility The Facilities Management Plan. The Parties agree to meet on an
annual basis to review the operation, maintenance, repair and replacement shall address
all utility services for the Property, including defining portions of the service lines which
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may be Common Elements and Coordinated Unit Maintenance and agree to develop a
Facility Management Plan. The Facility Management Plan may address any aspect of the
operation, maintenance, repair and replacement of the Common Elements and
Coordinated Unit Maintenance and, the use of metered service, the Party or Parties that
may include agreements to establish funds for operation and maintenance and capital
reserve fundshold the utility service in its name, the methodology for replacement.
f. apportioning utility charges, fees and costs, and such other matters that are appropriate.
UtilitiesUtilities.
i. Water. Water service for the Property shall be in the name of ____________. The
Parties shall include, but not be jointly responsible for the repair and maintenance of
thelimited to: water line from the point of connection with the water main to the point
of the water meters and such cost shall be allocated between the Parties per the
Apportioned Cost. The outdoor landscaping shall utilize the Avon water meter.
Outdoor landscaping water use shall be determined by subtracting the average water
use during billing cycles without any outdoor irrigation use from the billing cycles
with outdoor irrigation water use. The Parties shall be responsible for payment of
outdoor irrigation water use per the Apportioned Costs. Each Party shall be
responsible for its own water indoor water billing.
ii. Sewer. Sewer service for the Property shall be in the name of _______________.
The Parties shall be jointly responsible for the repair and maintenance of the, sewer
line from the point of designated in the Joint Public Facilities Plat to the sewer main
and such costs shall be allocated between the Parties per the Apportioned Cost. Each
Party shall be responsible for its share of sewer billing based on its share of indoor
water use.
iii. Gas. Gas service for the Property shall be in the name of ____________________.
The Parties shall be jointly responsible for the repair and maintenance of the, natural
gas line from the point of connection with the gas main to the point of the gas meters
with such cost to be allocated between the Parties per the Apportioned Cost. Each
Party shall be responsible for its own metered gas billing.
iv. Electric. Electric service for each Unit shall be in the name of the owner of the Unit.
The Parties shall be jointly responsible for the repair and maintenance of the, electric
line from the point of connection with the, electric transmission line to the point of
the electric meters with such cost to be allocated between the Parties per the
Apportioned Cost. Each Party shall be responsible for its own metered electric
billing.
v. Telephone. Each Party shall be responsible for its own, telephone service.
vi.iv. Trash. Each Party shall be responsible for its own trash service, and internet.
g.c. Insurance. Each Party agreesThe Parties agree to carry building insurance coverage for
the Unit it ownsJoint Public Safety Facility through either CIRSA or VFIS or other
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District insurer, whichever coverage is most comprehensive and reasonable in cost, in an
amount that is not less than the full insurable replacement cost of the insured property
less applicable deductibles at the time the insurance is purchased and at each renewal.
________________Such coverage shall maintaininclude property insurance on the
Common Elements in an amount that is not less than the full insurable replacement cost
of the Common Elements less applicable deductibles at the time the insurance is
purchased and at each renewal. _________________ shall maintain, including general
liability insurance on the Common Elements in the amount of at least $1,000,000 per
occurrence and $1,000,000 aggregate. If this coverage is provided through CIRSA, the
Fire District shall be named as an Additional Insured; if the coverage is provided through
VFIS or other District insurer, Avon shall be named as an Additional Insured. The cost
of buildingall of the aforementioned insurance and general liability insurance for the
Common Elementscoverage shall be divided between the Parties based upon the
Apportioned Cost. Additionally, if any portion of the property is encumbered by a lease
purchase financing, any insurance with respect to property encumbered by such lease
purchase financing shall name the trustee or similar party as an Additional Insured if so
required by the lease purchase financing.
13.14. Additions, Expansions and Remodels.
a. Additions and Expansions. Any proposed addition or expansion by a Party shall be
subject to review and approval of the other Party within thirty (30) days of receipt of a
complete set of plans unless the reviewing Party requests a reasonable amount of
additional time for review, which approval shall not be unreasonably withheld.
b. Remodels. Each Party shall have the right to redecorate, remodel or reconstruct the
interior of such Party’s assigned Unit, provided that no reconstruction, redecoration or
remodeling shall be made without prior written consent of the other Party if it would
affect structural members, Common Elements, or the exterior appearance of the Facility
Structure. Each Party is responsible for securing all required governmental plan and
permit approvals.
c. Lease Financings. Any additions, expansions or remodels to any portion of the property
which is encumbered by a lease purchase financing shall become part of the leased
property as such term is defined in any lease documents if so provided in the lease
documents.
14.15. Mechanics Liens. Subsequent to completion of the Facility Structure, no labor
performed or materials furnished and incorporated into a Unit with the consent or request of the
Unit owner shall be the basis for filing of a lien aginastagainst the other Unit or the Common
Elements, except as to the undivided interest of the Unit for which such labor or materials shall
have been furnished.
15.16. Encumbrances. Each Party shall have the right to subject the respective Party’s Unit
interest to encumbrances as may be reasonably required to use such Unit as a security interest for
lease purchase financing, including but not limited to certificate of participation financing,
subject to the following limitation and terms:
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a. The Party seeking to subject its Unit to an encumbrance for financing purposes shall
provide written notice to the other Party at least forty-five (45) days in advance of the
closing on the financing.
b. The Party seeking financing shall provide copies of all financing documents to the other
Party upon receipt of written request. Such copies shall be provided with a reasonable
time for review, which shall not be less than five (5) business days.
c. The terms of financing shall incorporate and be subject to the Right of First Refusal set
forth in Section 1117 below.
d. Sections (a) and (b) above shall not apply to the lease purchase financing entered into by
Avon in order to provide funds to finance the initial acquisition and construction of the
Joint Public Safety Facility.
16.17. Sale or Disposition – Right of First Refusal. Each Party shall have a Right of First
Refusal (“ROFR”) on the sale or dispotiondisposition of the other Party’s undivided property
interest. The transferring Party (“Transferring Party”) shall not transfer, assign, gift, sell,
encumber or otherwise dispose (collectively “Transfer”) its undivided interest in the Property
unless the Transferring Party complies in all respects with the provisions of this Section 11 and
its sub-sections.
a. Notice of a Bona Fide Offer. In the event that the Transferring Party desires to Transfer
its undivided interest, or any portion thereof, in the Property to any third party (the
“(“Intended Transferee”), then the Transferring Party shall give to the other Party (“
Non-Transferring Party”) the first right to acquire such property interest on essentially
the same written terms as agreed by such Intended Transferee. The Transferring Party
shall first provide a written notice to the Non-Transferring Party of its intent to transfer
its undivided interest in the Property, and shall include the written agreement between the
Transferring Party and the Intended Transferee that includes all details of the proposed
transfer, including description of property to be transferred, amount of consideration and
any terms for payment, form of deed, title exceptions, closing date, and any
contingencies.
b. Acceptance of ROFR. The Non-Transferring Party may elect to exercise the ROFR by
tendering written notice on or before the ninetieth (90th) day after the date of receipt of
the written notice and a complete written agreement defining terms for the transfer of a
property interest. For the purpose of calculating the timeliness of Non-Transferring
Party’s written notice to elect to exercise the ROFR, if the last day for such notice is on a
Saturday, Sunday or legal holiday, then the last day for Non-Transferring Party to
provide notice shall be the next business day.
c. Transfer Terms. For the purposes of this section 1117, the term “Transfer Terms” shall
mean: (i) in the case of sale, the price at which and the terms on which the Transferring
Party desires to sell its interest in the Property to the Intended Transferee (provided
however, if such terms and conditions include non-price terms not acceptable to the Non-
Transferring Party, the Non-Transferring Party may elect to pay cash equivalents in case
ERFPD-Avon IGA Ownership & Operation
June 9July 8, 2016
Page 12 of 18
at the closing); and (ii) in the case of any Transfer other than a sale, a price equal to the
fair market value of the interest in the Property, or portion thereof, to be transferred, as
determined by a real estate appraiser selected by mutual agreement of the Parties. If the
Parties are not able to mutually select an appraiser, then the Parties shall each select one
appraiser and the selected appraisers shall select a third appraiser who shall determine the
fair market value of the interest in the Property, or portion thereof, to be transferred.
d. Closing. Notwithstanding the schedule stated in any written agreement executed by the
Transferring Party to transfer such Party’s interest, or any portion thereof, in the Property
to an Intended Transferee, the Non-Transferring Party shall have the right to close on the
transfer of the Property, or portion thereof, on a date not sooner than one hundred and
eighty (180) days after the date of providing written notice of election to exercise the
ROFR. For the purpose of calculating the last date for closing hereunder, if the 180th day
is on a Saturday, Sunday or legal holiday, then the last day for the Non-Transferring
Party to close shall be the next business day.
e. Disclosure of ROFR. Each Party agrees to disclose this ROFR and reference this
Agreement and specifically the ROFR set forth in this section 11Section 17 in any
agreement to transfer its undivided interest in the Property, or any portion thereof.
f. Lease Purchase or Certificate of Participation Financings. In the event that any portion
of the Joint Public Safety Facility is encumbered by a lease purchase financing or
certificate of participation financing, the lease or financing documents shall provide that
the Non-Transferring Party is entitled to the ROFR. This section shall apply only in the
event that no event of default or event of non-appropriation (as such terms may be
defined in a lease purchase financing or certificate of participation financing) shall have
occurred or be continuing. If such event of non-appropriation or event of default has
occurred, Section 18 below shall apply.
g. Tax Exempt Status of Financings. Notwithstanding the above, no sale or disposition of
either Party’s interest in the Joint Public Safety Facility shall occur if such transfer
would, in the opinion of bond or special counsel, affect the tax-exempt status of any
financing currently outstanding relating to the Joint Public Safety Facility.
18. Default, Right to Cure. In the event either Party should default by failing to budget and
appropriate the funds necessary to make all payments due under any form of certificates of
participation or lease purchase financing, the non-defaulting Party is hereby granted the right to
cure any such default by payment or payments to the Lessee or the Trustee during the remaining
term of the certificates of participation. In the event the non-defaulting Party pays the remaining
obligation in full, the non-defaulting Party shall receive the property interest used for security
which may be fee title or the remaining term of lease hold interest in the Joint Public Safety
Facility under the terms of the certificates of participation or lease purchase financing from the
record owner of such interest, either Avon, the Fire District or a Trustee for any certificates of
participation or lease purchase financing. The property interest received by the non-defaulting
Party or any successor, assignee or lessee of the non-defaulting Party shall be subject to the
terms and provisions of this Agreement and any amendments thereto approved by the Parties, as
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Page 13 of 18
well as the terms and provisions of any Facilities Management Plan then in effect. This Right to
Cure shall be separate and distinct from any ROFR set forth in Section 17.
e.
17.19. Default, Remedies.
a. Default. A “breach” or “default” shall be defined as a failure to timely fulfill or perform
a material obligation of this Agreement.
b. Notice of Default. In the event of a default by a Party, the non-defaulting Party shall
deliver written notice to the defaulting Party of such default, at the address specified for
notices, and the defaulting Party shall have thirty (30) days from and after receipt of such
notice to cure such default. If such default is not of a type which can be cured within
such 30-day period and the defaulting Party gives written notice to the non-defaulting
Party within such 30-day period that it is actively and diligently pursuing such cure, the
defaulting Party shall have a reasonable period of time (not to exceed an additional one
hundred fifty (150) additional days) given the nature of the default following the end of
such 30-day period to cure such default, provided that such defaulting Party is at all times
within such additional time period actively and diligently pursuing such cure.
c. Remedies. In the event the default is not cured, the non-defaulting Party shall have the
right to enforce the defaulting Partys’Party’s obligations by an action for any equitable
remedy and/or action to recover damages. Each remedy is cumulative and in addition to
every other remedy provided for in this Agreement, or otherwise existing in law, inequity
or by statute. Any remedy available under this Agreement shall be subject to the
provisions of any lease purchase financing agreements or certificate of participation
agreements which may be outstanding related to the Joint Public Safety Facility.
Part 3 – General Terms
18.20. Miscellaneous.
a. Term. This Agreement shall continue in perpetuity until amended or terminated by
mutual written agreement of the Parties.
b. Tax Exempt Status of Financings: The Parties agree that neither Party shall take any
action, or omit to take any action, that would affect the tax status of its respective
financings which were utilized to finance the Joint Public Safety Facility project.
c. Nonappropriation of any Lease. Nothing herein shall create any obligation of either
Party to renew any lease beyond its then current fiscal year as provide in any financing
documents relating to such lease financing.
d. Runs with the Land. This Agreement shall be recorded in the Clerk and Recorder’s
Office for Eagle County, Colorado. The provisions of this Agreement shall constitute
ERFPD-Avon IGA Ownership & Operation
June 9July 8, 2016
Page 14 of 18
covenants and servitudes that touch, attach to and run with the land comprising the
Property and, the burdens and benefits of this Agreement shall bind and inure to the
benefit of all estates and interest in the Property and all successors in interest to the
Parties.
b.e.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.
c.f. 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.
d.g. Amendments. This Agreement may be amended from time to time by a written
agreement duly authorized and executed by both Parties to this Agreement; provided,
however, that any amendment hereto shall not, in the opinion of bond or special counsel,
affect the tax-exempt status of any obligation utilized by either Party to finance or re-
finance the Joint Public Safety Facility.
e.h.Survival of Terms. The Parties understand and agree that all terms and conditions of the
Agreement that require continued performance, compliance, or effectaffect 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.
f.i. 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, with the
exception that this sub-section shall not restrict a Party’s ability to encumber that Party’s
Unit and pledge the Unit for security in accordance with Section 1516. Encumbrances.
g.j. 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.
h.k. 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.
i.l. Indemnification. Avon, its officers and employees, shall not be deemed to assume any
liability for intentional or negligent acts, errors, or omissions of the Fire District or of any
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June 9July 8, 2016
Page 15 of 18
officer or employee thereof. Likewise, the Fire District, its officers and employees, shall
not be deemed to assume any liability for intentional or negligent acts, errors or
omissions of Avon or by any officer or employee thereof. Avon agrees to indemnify,
defend and hold harmless to the extent allowed by law, the Fire District, its respective
agents, officers, servants and employees of and from any and all loss, costs, damage,
injury, liability, claims, liens, demands, action and causes of action whatsoever, arising
out of or related to the Avon's intentional or negligent acts, errors or omissions or that of
its· agents, officers, servants, and employees, whether contractual or otherwise. Likewise,
the Fire District agrees to indemnify, defend and hold harmless to the extent allowed by
law, Avon, its respective agents, officers, servants and employees of and from any and all
loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action
whatsoever arising out of or related to the Fire District’s intentional or negligent acts,
errors or omissions or that of its agents, officers, servants and employees, whether
contractual or otherwise.
j.m. No Waiver of Governmental Immunity. Nothing in this Agreement shall be
construed to waive, limit, or otherwise modify any governmental immunity that may be
available by law to either Party, its officials, employees, contractors, or agents, or any
other person acting on behalf of a Party and, in particular, governmental immunity
afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24,
Article 10, Part 1 of the Colorado Revised Statutes.
k.n. 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: Fire District Chief
E-Mail: kbauer@eagleriverfire.org
E-Mail: kbauer@eagleriverfire.org
with copy to:
James P. Collins
Collins, Cockrel & Cole
390 Union Boulevard, Suite 400
Denver, CO 80228-1556
E-Mail: jcollins@cccfirm.com
ERFPD-Avon IGA Ownership & Operation
June 9July 8, 2016
Page 16 of 18
E-Mail: jcollins@cccfirm.com
TO AVON:
Town of Avon
One Lake Street
Post Office Box 975
Avon, CO 81620
Attn: Town Manager
E-Mail: vegger@avon.org
E-Mail: vegger@avon.org
with copy to:
Avon Town Attorney
One Lake Street
Post Office Box 975
Avon, CO 81620
E-Mail: eric@heillaw.comeric@heillaw.com
[EXECUTION PAGE FOLLOWS]
ERFPD-Avon IGA Ownership & Operation
June 9July 8, 2016
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EXECUTED as of the date first written above.
TOWN OF AVON, COLORADO
BY: ATTEST:
_____________________________________ ______________________________
JennyJennie Fancher, Mayor Debbie Hoppe: Town Clerk
APPROVED AS TO FORM:
____________________________________
Eric J. Heil, Esq., Avon Town Attorney
ERFPD-Avon IGA Ownership & Operation
June 9July 8, 2016
Page 18 of 18
EXECUTED as of the date first written above.
EAGLE RIVER FIRE PROTECTION DISTRICT
BY: ATTEST:
____________________________________ _____________________________
Clint Janssen, Chairperson John
Halloran, Secretary
APPROVED AS TO FORM:
____________________________________
James P. Collins, Esq.
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Police Station Budget
July 6, 2016
Project Budget $ 6,450,000
Construction - GMP $ 4,367,753
Low voltage/security/fiber $ 150,000
Design $ 441,000
Soft Costs $ 309,224
Owner’s Contingency $ 330,158 (7.5%)
Police Station
Does not include Geothermal, PV Solar, or the energy
off-set fee
Geothermal was cost-prohibitive.
Investigating Solar PV instead of paying the energy
off-set fee
Police Station Schedule
Official groundbreaking scheduled for July 29th at 10 am
Major work will commence around August 15th
Completion end of December 2017
Police move in immediately after January 2018
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 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: Review and Update of Council Meeting Rules
DATE: July 7, 2016
SUMMARY: I have received questions about legal considerations and appropriateness of text messages
or e-mails between Council members concerning Council business during a Council meeting. The Avon
Town Council Simplified Rules of Order, adopted January 28, 2014, does not address text messages or e-
mails during Council meetings. Text messages and e-mails do constitute electronic communication and
electronic documents and are therefore subject to disclosure under the Colorado Open Records Act.
If Council is interested in address electronic communication between Council members during Council
meetings then I recommend the addition of a new Standard of Conduct of Avon Town Meetings to read
as follows: I.D. “Members of the Avon Town Council shall not communicate between or amongst
themselves by text message, e-mails or other forms of electronic communication during a Council meeting.”
A google search of “text messages between Council members” will bring up numerous incidences
around the country where the media has obtained text messages and where the communication appears
completely inappropriate and contrary to spirit of sunshine laws to conduct public business in public,
including Seattle, WA; Jacksonville, FL; West Hollywood, CA; Champaign, IL; El Paso, TX; Madison, WI;
Peoria, AZ; Anaheim, CA; and many more. Many communities have debated whether smart phones
should even be permitted at Council meetings and several have formally banned them during meetings.
Council members are also reminded of two other important legal considerations related to text
messages and electronic communications. First, during quasi-judicial public hearings it is NOT appropriate
to receive text messages, e-mails or other electronic communications because that would constitute an
illegal ex parte contact. If such messages are received, then the Council member is required to disclose
the message at the public hearing. Second, Council members are encouraged and advised to NOT use
personal e-mail addresses for Town related business. Any use of personal e-mail addresses for Town
business then renders personal e-mail accounts open to review and inspection under open records
requests for public documents.
Finally, communications by the public via text, e-mail or other electronic means is generally permissible
and encouraged (with the exception of quasi-judicial ex-parte contact). Communications between an
individual Council member and a constituent may be confidential if the constituent believes or intends the
communication to be confidential; however, confidentiality is lost if the constituent sends the message to
more than one Council member.
RECOMMENDATION: Council should not send text messages or e-mails to other Council members during
Council meetings.
REQUESTED ACTION: Direction to revise the Avon Town Council Simplified Rules of Order to add a new
standard to restrict communication by text messages, e-mails or other forms of electronic communication
between Council members.
Thank you, Eric
Attachments: Avon Town Council Simplified Rules of Order
Article from West Hollywood
M EMORANDUM & PLANNING, LLC
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Avon Town Council
Simplified Rules of Order
These Simplified Rules of Order establish rules and procedures for Avon Town Council
meetings. The intent is to set forth simplified rules which are readily accessible and usable by
the Avon Town Council members and understandable by the general public. The provisions of
the Home Rule Charter, the Avon Municipal Code, or any ordinance adopted by the Avon Town
Council shall govern and apply in the event there is any conflict with these Simplified Rules of
Order. Unless otherwise indicated, any reference to “Mayor” shall also mean the “Mayor Pro-
Tem” or “Acting Mayor” in the absence of the Mayor, as set forth in the Avon Home Rule
Charter.
I. Standards of Conduct for Avon Town Meetings: The Avon Town Council finds that
the foundation of municipal democracy rests on open, respectful and informed discussion and
debate balanced with the necessary efficiency required to take action in the public interest.
Reasonable persons will often disagree on many public matters which arise before elected and
appointed officials. The process of discussion and debate is essential to the ability of elected and
appointed officials to render the best decisions possible for the Avon community. The following
standards of conduct are considered the minimum standards for elected and appointed officials.
A. Elected and appointed officials shall conduct themselves in a mature manner that is
becoming of public officials, shall respect one another and shall respect members of the
public.
B. Elected and appointed officials shall refrain from profanity, rude behavior or personal attacks
and shall promptly apologize to both the board and the recipient of any such behavior in the
event of a temporary lapse of appropriate behavior.
C. The Mayor shall be responsible for maintaining civility, decorum and order throughout the
meeting.
II. Mayor: Every meeting of the Avon Town Council shall be presided over by the Mayor.
If the Mayor is absent the Mayor Pro-Tem shall preside over the meeting. If the Mayor has a
conflict of interest on a matter then the Mayor Pro-Tem shall preside over the meeting for such
matter. If the Mayor and Mayor Pro-Tem are absent, or if they both have conflict of interest on
a matter, then a quorum of Council members shall appoint an Acting Mayor by motion who shall
then preside over the meeting or shall preside over such matter for which the Mayor and Mayor
Pro-Tem have conflict of interest. The Mayor shall strive to moderate Council meetings with
impartiality, shall strive to allow input from all other Council members on matters before
expressing his or her opinion, and shall refrain from making a motion or seconding a motion
until it is apparent that no other member of the Council will do so.
III. Agendas: The following rules and procedures shall apply to agendas:
A. The Mayor shall determine the agenda in consultation with the Town Manager. The Town
Council may direct items to be included on an agenda. Individual Council members may
contact the Mayor to request inclusion of a matter on an agenda. The Mayor shall consult
with the Town Manager and exercise discretion to determine if the matter should be
included on the agenda as a discussion item or an action item.
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B. After roll call, the Council shall approve the agenda by motion by a majority of the quorum
present with any additions or deletions Council deems appropriate.
C. The Council may take action by motion at any time during a meeting to schedule
discussion or action items on a future agenda which shall be scheduled by Town Staff.
D. Noticing for action items and public hearings shall be in accordance with applicable law.
IV. Motions: All official Town Council actions are initiated by motion. These following
rules and procedures apply to motions. There are two basic motions: action motions and
procedural motions. Only one action motion may be on the floor at a time. A procedural motion
may be proposed, discussed and acted upon when an action motion is on the floor or at any other
time.
A. Basic Motion: The basic motion to take action is stated as, “I move to . . . .” Every
motion requires a second. Once a motion is made no further discussion can continue until a
second is made to support the motion.
B. Discussion: All Council members have the right to discuss the motion on the floor.
Discussion cannot be concluded unless (1) all Council members present consent or (2) a
majority of Council members present approve a procedural motion to “Call the Question”
and end debate.
C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any
time prior to the vote on the motion and may interrupt a speaker to withdraw the motion
and consent of the Council member who seconded the motion is not required. The motion
is immediately withdrawn; however, the Mayor may then ask the Council member who
seconded the withdrawn motion and any other Council member if such Council member
wishes to make the motion.
D. Amendment to Motion: Any Council member may request an amendment to a pending
motion. The maker of the pending motion and Council member who seconded the motion
must consent to the proposed amendment. Any Council member may also propose a
substitute motion to a pending motion which also requires consent of the maker of the
pending motion and the Council member who seconded the pending motion.
E. Procedural Motion: A procedural motion may be made at any time and may impose or
modify any procedural rule provided that such procedure is not in conflict with the Avon
Home Rule Charter, any ordinance adopted by the Town, or any applicable state law.
Procedural motions require a majority vote of the quorum present.
F. Motion to Call the Question or End the Discussion: A motion to “call the question”
(also known as a motion to end the discussion) is a procedural motion to end debate and
discussion. A motion to call the question cannot be made until each Council member has
had at least one reasonable opportunity to ask questions and express his or her opinion on
the matter. Once a motion to call the question is made and seconded, it shall be the
Mayor’s discretion to allow any further discussion on such procedural motion for the
purpose of clarifying any technical, procedural or legal issue related to the procedural
motion. A motion to call the question requires a majority vote of the quorum present.
Once a motion to call the question is approved, the pending action motion on the floor must
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be voted upon promptly or, if no action motion is pending, the Mayor shall proceed to the
next agenda item.
G. Motion to Continue: A motion to continue an agenda item must include a specific future
Council meeting date, time and place for the continued matter to be considered again
without re-noticing a required public hearing.
H. Motion to Table: A motion to table places the agenda item on hold and does not require a
specific time for the return of the agenda item.
I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in
this Simplified Rule of Order. Such motion may be made and requires a supermajority
vote of a majority of the quorum present plus one for approval. A motion to suspend rules
may not supersede the procedural requirements of the Avon Home Rule Charter, any
ordinance adopted by the Town, or any applicable state law.
J. A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider a vote
on a matter. A Motion to Reconsider may only be made and considered if made and acted
upon less than twenty-eight (28) days after the date of the Council action to be reconsidered
and may be made only by a member of Council who voted in the majority on the motion
which is proposed for reconsideration.
V. Meeting Conduct
A. Point of Privilege: A Council member may interrupt the speaker to raise a matter related
to the comfort of the meeting, such as room temperature, distractions, or ability to hear
speaker.
B. Point of Order: A Council member may raise a Point of Order at any time that the Mayor
permits meeting conduct which does not follow these Simplified Rules of Order or
otherwise fails to maintain civility and decorum by the Council and the general public.
C. Appeal: A Council member may move to appeal the ruling of the Mayor on any
procedural matter or other decision related to the conduct of the meeting. If the motion is
seconded and, after debate, it such motion passes by a simple majority vote of the quorum
present, then the ruling or conduct of the Mayor shall be overruled and reversed.
D. Call for Orders of the Day: A Council member may call for Orders of the Day when such
Council member believes that Council discussion has strayed from the agenda. No second
or vote is required. If the Mayor does not return to the agenda, then such ruling may be
appealed.
E. Adjournment: The Mayor may announce the meeting adjourned when there are no further
items on the agenda which have not been addressed. The Council may adjourn a meeting
at any time by motion, second and approval by a majority of the quorum present.
VI. Public Comments: Council agendas shall include a general item labeled “Public
Comment” near the beginning of all Council meetings. Members of the public who wish to
provide comments to Council greater than three minutes are encouraged to schedule time in
advance on the agenda and to provide written comments and other appropriate materials to the
Council in advance of the Council meeting. The Mayor may permit public comments during any
agenda item provided that such invitation does not hinder the ability of Council to conduct
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official Town business in an efficient manner. For matters which may involve substantial public
comment by numerous members of the public, the Mayor or Council may propose limiting
public comment to no less than 3 minutes per individual, which limitation on public comment
must be approved by a majority of the quorum present.
VII. Public Hearing: The following general rules shall apply to the order and conduct of
public hearings. These rules may be modified or suspended by Motion to Suspend Rules.
A. The Mayor shall open the public hearing by announcing the topic of the agenda item. The
Mayor shall at all times during public hearings strive to maintain civility, decorum and
order.
B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain the
applicable procedures and laws, and provide any presentation by the Town.
C. The applicant, licensee or appellant shall have the opportunity to present information,
provide testimony, or respond to any comments or details in the Town’s presentation.
D. The Council shall have the opportunity to ask technical questions of the appropriate Town
staff, Town officials and the applicant, licensee or appellant but Council members shall not
express opinions on the matter prior to opening the public hearing for public comment.
E. The Mayor shall officially open the public hearing for public comment and shall allow for
members of the public to provide comment to the Council. The Council may approve a
time limitation not less than 3 minutes for individual public comment and may approve
sign-up sheets or other public comment procedures to promote order and efficiency by a
majority vote of the quorum present provided that individuals shall be permitted to yield
his or her public comment time to another speaker. After all public comments are received,
or if the Council determines that the volume of public comments requires additional time
and moves to continue the public hearing, the Mayor shall close the public comment
portion of the public hearing.
F. The Council may discuss the merits of the topic of the public hearing and take such action
as deemed appropriate after the public comment portion of the public hearing is concluded.
If the volume of public comments requires a continuation, if additional information is
required to consider the public hearing matter, or if the Council determines that additional
time is warranted to consider the matter of the public hearing, the Council may continue the
public hearing to a later date and may re-open the public comment portion of the public
hearing at any continued public hearing.
VIII. Executive Sessions: Council may convene into executive session at any time by the
affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory citation
and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS
§24-6-402(4). The Council is not permitted to take official, final action on any matter in
executive session.
WeHo City Council Members Still
Can Take Your Text Messages
Tue, May 17, 2016 By Staff 13 Comments
West Hollywood’s City Council members aren’t likely to turn off, tune out and power down at public
meetings anytime soon. The Council last night effectively rejected a proposal by Mayor Lauren Meister that
would have barred elected or appointed city officials from using cell phones or laptops or tablets while
conducting a public meeting.
As a compromise, the Council did ask the city attorney to come back with an ordinance that would bar use
of electronic communication devices during official public hearings.
“I brought this forward because i thought for our progressive city this is an item about transparency, this is
an item about due process,” Meister said. ” … When we hold public hearings the public has a right to have
our full attention.” Meister said she would exempt those who used electronic devices because of a
handicap or using a device to take notes.
One of the most vocal opponents of Meister’s measure was Councilmember John Duran, who was accused
at a March meeting by Councilmember John D’Amico of “trolling on Grindr for men.” Grindr is a mobile
phone app that gay men use mostly to find sexual partners. It is accessible only by cell phones or tablets.
Duran denied the allegation.
It was D’Amico’s accusation that apparently prompted Meister’s proposal. Residents also have expressed
concern that council members are looking at their cell phones while they are speaking to the council and
that council members might be getting instructions during debates on important issues from lobbyists and
people who have funded their election campaigns.
“I think that the item is too broad and either needs to be restricted or voted down,” Duran said. He said he
uses his cell phone during council meetings to look at email messages and past council agendas and take
notes. “I also occasionally use Wikipedia,” Duran said. Duran received a text message during last night’s
meeting about a search for three armed robbers in West Hollywood. He used his cell phone to send out a
message warning his contacts that Sheriff’s deputies were looking for the robbers and to warn them.
Councilmember John Heilman also opposed the proposal. “I do believe it is possible to pay attention even
while you are checking on your phone,” Heilman said. “I don’t think there’s any real need for it … I have sat
through lot of public meetings. Every council member — I have never seen one who wasn’t paying
attention.”
Councilmember Lindsey Horvath said she supported the intent of Meister’s proposal but wasn’t sure she
agreed with all of it. “From what I have heard, it’s not so much the use of the device but what it is we’re
doing with it,” she said.
Councilmember D’Amico supported Meister’s proposal, saying that getting off digital devices would “center”
council members in the room where they are meeting. “We wouldn’t be in other places on the internet. We
would just be here for the public in this room.”
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TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: July 12, 2016
Agenda Topic: Discussion of a Town Council’s Information Booth at Avon Special Events
SUMMARY:
Council recently asked that a Town Council information booth be provided at Town events. With this
direction, staff included in festival agreements a requirement that the producer provide booth space.
The purpose of the Town Council Information Booth is for Town Council to meet with interested persons,
answer questions and advocate for current and near future projects. Displays are developed to assist
the Council. Council members, who have managed the booth, have answered questions from
residents and visitors about Town services, programs or projects.
The purpose of this work session is for Council to reaffirm that it wishes to have a booth, and, if so, at
which events. Questions to consider include:
• Which event dates would Council like to schedule, including hours?
• What types of displays or literature should be made available at the booth?
Listed below are this year’s remaining events:
• Pop Up Strings – Main Street Mall – FREE
These are late afternoon 90-minute string quartet performances on the mall.
July 15 & 22
• Lakeside Sundays on the Event Terrace – FREE
These are late afternoon/early evening community gatherings with a DJ and cocktails at the Pavilion.
July 17, August 14 & September 11
• XTERRA Triathlon
July 16 | 7:00 am – Noon
• Colorado Disc Dogs Competition
July 16
• Outlaws & Legends Music Festival
July 29 & July 30 | 2:00 – 10:00 pm
• Dancing in the Park – Vail International Dance – FREE
August 4 | 5:30 – 8:00 pm
• BecTri Sprint Triathlon
August 6 | 8:00 am – Noon
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• Boulder Symphony – FREE
August 7 | 5:30 pm
• Avon LIVE! Concerts in the Park – FREE
5:00 – 9:00 pm
August 10 TBD
August 17 TodoMundo
August 24 The Samples & Big Sam’s Funky Nation
August 31 Shawn Colvin & Steve Earle
• Avon Bazaar – Pavilion & Park – FREE
August 13 | All day
• Round Up River Ranch/Campfire Games
August 27
• Skylight Creative Writing Retreat
September 2 – September 4 | 10:00 am – 8:30 pm
• Man of the Cliff
October 15 – October 16