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TC Council Packet 01-14-2014 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 14, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET Final Avon Meeting Agenda 14 01 14 Page 1 PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM TODD GOULDING COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER, ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS. GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC. PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS. AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY. THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH. ______________________________________________________________________________________________________________ AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 PM (SEE SEPARATE AGENDA PAGE 4) REGULAR MEETING BEGINS AT 5:15 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. ACTION ITEMS 4.1. Approval of Agreement for Legal Services Special Water Counsel Jay Montgomery (Town Attorney Eric Heil) 4.2. PUBLIC HEARING on First Reading of Ordinance 14-01, Series of 2014, An Ordinance Amending Section 7.24.040, Table of Allowed Uses and Table 7.24-1, Allowed Uses, Avon Development Code to List Medical and Dental Offices and Clinics as a Special Review Use in the Public Facilities Zone District (Planning Manager Matt Pielsticker) 4.3. First Reading of Ordinance No. 14-02, Series of 2014, An Ordinance Amending Chapter 2.32 of the Avon Municipal Code Regarding Residency of Council Members (Town Attorney Eric Heil) 4.4. Resolution No. 14-01, Series of 2014, Resolution Approving the Locations for Posting Notices of Public Meetings (Assistant Town Manager/Town Clerk Patty McKenny) 4.5. Council Appointments to Boards, Committees and Commissions (Assistant Town Manager/Town Clerk Patty McKenny) 4.6. Minutes from December 10, 2013 Meeting (Town Clerk Patty McKenny) 5. WORK SESSION 5.1. Village at Avon Update (Town Attorney Eric Heil) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 14, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET Final Avon Meeting Agenda 14 01 14 Page 2 5.2. 2014 Council Regular Meeting Schedule 5.2.1. Retreat Date and Potential Agenda Items 5.2.2. Dates to meet with PZC and Eagle County Commissioners 5.3. Council Meeting Rules & Procedures (Town Attorney Eric Heil) 5.4. Council and Management Authority for Contracts, Expenditures, Leases and Licenses (Town Attorney Eric Heil) 5.5. Review and Discussion of Staff Special Topic Presentations (Town Manager Virginia Egger) 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1. EGE Air Alliance Update (Mayor Rich Carroll) 7. COUNCIL COMMENTS 8. MAYOR REPORT AND FUTURE AGENDA ITEMS 9. STAFF UPDATES – R EPORTS ONLY 9.1. Police Department Disposition on Forfeited Properties for 2013 (Police Chief Bob Ticer) 9.2. Town Code Requirement for Gift Reporting and Disclosure Report (Assistant Town Manager Patty McKenny) 9.3. Update on US Highway 6 Shoulder Widening (Town Engineer Justin Hildreth) 10. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) 10.1. Meet Pursuant to Colorado Revised Statute §24-6-402(4) (f) for the Purpose of Discussing Personnel Matters related to the annual performance review of the Town Municipal Judge 10.2. Meet Pursuant to Colorado Revised Statute §24-6-402(4) (f) for the Purpose of Discussing Personnel Matters related to the annual performance review of the Town Manager 11. Action on Amendment to Town Manager Employment Agreement (Town Manager Virginia Egger) 12. ADJOURNMENT FUTURE AGENDA ITEMS: January 28th: Work Session: Nottingham Park Stage Review, VVMBA Trail Building, and Village at Avon Update TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 14, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET Final Avon Meeting Agenda 14 01 14 Page 3 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. Applicant Name: The Realm of Caring, Inc. Event Name: WinterWonderGrass Music and Brew Festival (2nd annual) Event Address: Harry A. Nottingham Park, One Lake Street Event Manager: Scott Stoughton Event Dates / Times: February 21, 2014 2:45 pm until 10 pm February 22, 2014, 2:45 pm until 10 pm February 23, 2014 2:45 pm until 9 pm 5. MINUTES FROM DECEMBER 10, 2013 6. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 14, 2014 AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 PM AVON TOWN HALL, ONE LAKE STREET Final Avon Meeting Agenda 14 01 14 Page 4 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING COMMISSIONERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF STAFF EXECUTIVE DIRECTOR / SECRETARY: VIRGINIA EGGER ATTORNEY: ERIC HEIL TREASURER: SCOTT WRIGHT AUTHORITY CLERK: PATTY MCKENNY ALL URBAN RENEWAL MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. CONSENT AGENDA 4.1. Minutes from November 26, 2013 (Authority Clerk Patty McKenny) 4.2. Resolution No. 14-01, Series of 2014, Resolution to Designate a Public Place within the Boundaries of the Authority where Notices of Meetings of the Authority’s Board of Commissioners shall be Posted (Authority Clerk Patty McKenny) 5. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013 AVON TOWN HALL, ONE LAKE STREET ALB 13.12.10 Minutes Page 1 1. CALL TO ORDER AND ROLL CALL Acting Chairman Goulding called the meeting to order at 5:10 PM. A roll call was taken and Board members present were Chris Evans, Jennie Fancher, Buz Reynolds and Jake Wolf. Rich Carroll and Dave Dantas were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny, Police Chief Bob Ticer, as well as other staff members and the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT There were no comments at this time. 4. RENEWAL OF LIQUOR LICENSES 4.1. Applicant Name: 7-Eleven Store 34209 Address: 008 Nottingham Manager: Maria Portareseu Type of License: 3.2% Beer Off Premise License The application was presented for renewal and a motion was made by Board member Wolf to approve the 3.2% Beer Off Premise License for 7-Eleven, Inc. d/b/a 7-Eleven Store 34209; Board member Evans seconded the motion and it passed unanimously by those members present (Carroll & Dantas absent). 4.2. Applicant Name: Columbine Bakery Inc d/b/a Columbine Bakery Address: 51 Beaver Creek Place Manager: Daniel Niederhauser Type of License: Hotel and Restaurant Liquor License The application was presented for renewal and a motion was made by Board member Wolf to approve the Hotel and Restaurant Liquor License for Columbine Bakery Inc d/b/a Columbine Bakery; Board member Reynolds seconded the motion and it passed unanimously by those present (Carroll & Dantas absent). 5. SHOW CAUSE HEARING ON LIQUOR LICENSE V IOLATION 5.1. Avon Police Report No. 2013-000758 Applicant Name: Y&Z, Inc. d/b/a Nozawa Sushi & Kitchen Address: 101 Fawcett Road Manager: Jennifer Brosch; Owner: Yong Hu Yuan Type of License: Hotel & Restaurant Liquor License Proposed Action: Resolution No. 13-02, Series of 2013, Resolution making the Determination that Y&ZM Inc. d/b/a Nozawa Sushi & Kitchen has violated a law, rule or regulation with respect to the operation of its licensed premises; and ordering a warning, suspension or payment in lieu of suspension per the Stipulated Findings of Fact, Conclusions and Sanctions Order (Eric Heil, Town Attorney) The Town Attorney Eric Heil noted a summary of the violation and explained the authority’s role in the show cause hearing. He reviewed the details of trhe stipulation that was reviewed by Police Chief and agreed upon by the Mr Yuan owner of Nozawa. Jennifer Brosch, manager, took responsibilitie for the violation and TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013 AVON TOWN HALL, ONE LAKE STREET ALB 13.12.10 Minutes Page 2 spoke about the restaurant’s “zero tolerance policy” at the restaurant and noted that they are a family oriented business, not a bar business. Board member evans moved to approve Resolution No. 13-02, Series of 2013, Resolution making the Determination that Y&ZM Inc. d/b/a Nozawa Sushi & Kitchen has violated a law, rule or regulation with respect to the operation of its licensed premises; and ordering a warning, suspension or payment in lieu of suspension per the Stipulated Findings of Fact, Conclusions and Sanctions Order. Board member Fancher seconded the motion and it passed unanimously by those present (Carroll & Dantas absent). 6. MINUTES FROM NOVEMBER 26, 2013 Board member Reynolds moved to approve the minutes; Board member Evans seconded the motion and it passed unanimously by those present (Carroll & Dantas absent). There being no further business to come before the Board, the meeting adjourned at 5:15 PM. RESPECTFULLY SUBMITTED: ____________________________________ Patty McKenny, Secretary APPROVED: Rich Carroll ______________________________________ Dave Dantas ______________________________________ Chris Evans ______________________________________ Jennie Fancher ______________________________________ Todd Goulding ______________________________________ Albert “Buz” Reynolds ______________________________________ Jake Wolf ______________________________________ TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR NOVEMBER 26, 2013 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL Chairman Carroll called the meeting to order at 5:15 PM. A roll call was taken and Authority members present were Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Dave Dantas was absent. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Authority Clerk Patty McKenny, Treasurer Scott Wright, as well as members of the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT There were no public comments made at this time. 4. PUBLIC HEARING ON BUDGET RESOLUTIONS 4.1. Resolution No. 13-04, Series of 2013, Resolution Amending 2013 URA Budget (Treasurer Scott Wright) 4.2. Resolution No. 13-05, Series of 2013, Resolution Summarizing Expenditures and Revenues and Adopting a Budget for the Avon Urban Renewal Authority for the Calendar Year Beginning on the First Day of January 2014 and Ending on the Last Day of December 2014 (Treasurer Scott Wright) Scottt Wright, Treasurer, reviewed the memo that outlined the changes to the budgets that were a result of the refinancing of the Vectra Bank loan with some of the revisions made outline below: 2013: 1) Addition of $280,000 to debt service principal, 2) Decrease debt issuance costs by $13,715. 2014: 1) Added $25,000 to debt service principal, 2) Reduced debt service interest by $23,893, 3) Reduced transfers out by $50,000. It was note that the changes resulted in a final Avon URA surplus of $558,307 in 2013, and a deficit of ($729,021) in 2014. Chairman Carroll opened the public hearing for Resolution No. 13-05, no comments were made, the hearing was closed. Authority member Goulding moved to approve Resolution No. 13-04, Series of 2013, Resolution Amending 2013 URA Budget; Authority member Fancher seconded the motion and it passed unanimously by those present (Dantas absent). Chairman Carroll opened the public hearing for Resolution No. 13-05, no comments were made, the hearing was closed. Authority member Goulding moved to approve Resolution No. 13-05, Series of 2013, Resolution Summarizing Expenditures and Revenues and Adopting a Budget for the Avon Urban Renewal Authority for the Calendar Year Beginning on the First Day of January 2014 and Ending on the Last Day of December 2014; Authority member Evans seconded the motion and it passed unanimously by those present (Dantas absent). 5. Consent Calendar 5.1. Minutes from November 12, 2013 Meeting (Authority Clerk Patty McKenny) Authority member Wolf moved to approve the minutes from November 12, 2013; Authority member Fancher seconded the motion and it passed unanimously by those present (Dantas absent). TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR NOVEMBER 26, 2013 AVON TOWN HALL, ONE LAKE STREET There being no further business to come before the Authority, the meeting adjourned at 5:25 PM. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Authority Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ AVON URBAN RENEWAL AUTHORITY RESOLUTION NO. 14-01 SERIES OF 2014 A RESOLUTION TO DESIGNATE A PUBLIC PLACE WITHIN THE BOUNDARIES OF THE AUTHORITY WHERE NOTICES OF MEETINGS OF THE AUTHORITY’S BOARD OF COMMISSIONERS SHALL BE POSTED WHEREAS, the Avon Urban Renewal Authority (the “Authority”) is a duly organized body corporate and politic under and by virtue of the laws of the State of Colorado including the Urban Renewal Law, constituting Part 1 of Article 25 of Title 31, Colorado Revised Statutes (“C.R.S.”); and WHEREAS, the Board of Commissioners of the Authority (the “Board”) is required by Section 24-6-402(2)(c), C.R.S., to designate the public place or places for posting notice of its meetings annually at the Board’s first regular meeting of each calendar year; and WHEREAS, the meeting of the Board on the date hereof represents the first regular meeting of the Board for calendar year 2014. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Notice of meetings of the Board required pursuant to Section 24-6-401, et seq., C.R.S. shall be posted within the boundaries of the Authority at least 24 hours prior to each meeting at the following locations: Avon Town Hall, One Lake Street Avon Recreation Center, 90 Lake Street Avon Public Library, 200 Benchmark Road ADOPTED this 14th day of January 2014. AVON URBAN RENEWAL AUTHORITY (SEAL) Rich Carroll, Chairman ATTEST: Virginia Egger, Secretary CERTIFIED BY: Patty McKenny, Authority Clerk Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric Heil, Town Attorney RE: Revised Agreement for Legal Services with Moses Wittemyer DATE: January 9, 2014 Summary: Attached is a letter of engagement from Moses Wittemyer for water rights legal services. This letter is in response to the announcement last fall that Patria DeChristopher was leaving the firm. The letter of engagement states a revised agreement for legal services whereby Jay Montgomery would continue as the primary attorney assisting the Town with matters related to amendments to the Upper Eagle River Water Authority Master Service Agreement and related to the Village (at Avon) settlement. Representation on any other water rights legal matters which arise would be determined on a case by case basis in consultation with the Town of Avon. Please review the last paragraph on Page 2 to review the substance of the scope of legal representation. Virginia and I both believe this is a practical and appropriate arrangement that most efficiently meets the legal water rights of the Town of Avon for 2014. The Avon Town Council may on its own motion or upon request of the Town Attorney employ special counsel pursuant to Section 10.1 of Avon’s Charter. Proposed Motion: “I move to approve the Revised Agreement for Legal Services, Town of Avon, with Moses, Wittemyer, Harrison and Woodruff, P.C., dated January 9, 2014.” Attachments: Attachment A: Revised Agreement for Legal Services and2014 Hourly Rates for Moses Wittemyer Thanks, Eric M EMORANDUM & PLANNING, LLC MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. LAW OFFICES 1002 WALNUT STREET, SUITE 300 RAPHAEL J. MOSES TIMOTHY J. BEATON BOULDER, COLORADO 80302 (1913-2011) RICHARD J. MEHREN CHARLES N. WOODRUFF CAROLYN R. STEFFL TELEPHONE: (303) 443-8782 (1941-1996) _______ FAX: (303) 443-8796 INTERNET: www.mwhw.com COUNSEL ANNE D. BENSARD JOHN WITTEMYER JENNIFER M. DILALLA ADDRESS CORRESPONDENCE TO: DAVID L. HARRISON ALISON D. GORSEVSKI P. O. BOX 1440 JAMES R. MONTGOMERY BOULDER, COLORADO 80306-1440 00069581-5 January 9, 2014 BY EMAIL Town of Avon c/o Virginia Egger, Town Manager P. O. Box 975 Avon, CO 81620 Re: Revised Agreement for Legal Services, Town of Avon Dear Virginia: The purpose of this letter is to outline the terms on which the Town of Avon agrees to continue retention of the Moses, Wittemyer, Harrison and Woodruff, P.C. law firm to provide water-related legal services and the terms on which the firm agrees to provide those services. The scope of the engagement is to provide legal services on an as-needed basis as water counsel to the Town. We understand that the work would involve assisting you as Town Manager and advising you and the Town Council on transactional matters that are water-related, such as dealings with the Upper Eagle Regional Water Authority and other members of the Authority, contracts and negotiations with developers, acquisition of water rights, and related matters. Specifically, we understand that this work will include negotiations with the Upper Eagle Regional Water Authority regarding the Town’s service agreement. In addition, we would represent the Town as needed in Water Court cases. We understand that the work will not likely involve substantial Water Court activity because the primary Water Court work associated with the Town’s water rights is carried out by the Upper Eagle Regional Water Authority. As discussed in our previous engagement letter dated September 19, 2013, we are not aware of any direct conflicts and have made you and the Town aware of work that we have done for other clients that could be considered by the Town to present the potential of a conflict. Our firm represented Union Oil Company of California (Unocal) for many years in connection with its oil shale properties and water rights in Parachute Creek, the Roaring Fork River and the Colorado River near Parachute, Colorado. Unocal has since sold all of its water rights and properties and we continue to do some water rights work for its successor Encana Oil & Gas (USA) Inc. (Encana). Unocal was a party to some cases in the Eagle River basin years ago, but Encana is not active in that area. Our firm continues to advise Encana with respect to very large Water Court applications that might affect Encana’s water rights in the Colorado River basin, but we would not expect that to present a conflict of interest with the scope of work outlined herein. ATTACHMENT A: Revised Agreement for Legal Services and 2014 hourly rates MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Town of Avon January 9, 2014 Page 2 00069581-5 We have provided a courtesy notice to Encana of our past representation of the Town and have been informed that Encana does not perceive any potential conflict in that relationship. One of the firm’s partners, Tim Beaton, once represented the Upper Eagle Regional Water Authority in connection with a dispute with the Town of Avon. At the time he was a partner with the firm of Collins & Cockrel and assisted Jim Collins on an issue concerning the breadth of the Upper Eagle Regional Water Authority’s formation documents as they related to the Town of Avon. Tim has no recollection of the details of that work and left all of the files related to that work with the Collins & Cockrel firm when he re-joined Moses Wittemyer. Again, we do not perceive that prior work to present a conflict but, in the interest of full disclosure, wanted you and the Town to be aware of it. Sometimes conflicts arise that were not foreseen when we undertook the new representation. In that event, our firm’s policy is to cease representing the newer client and to continue representing the older client to the extent that ethical considerations permit us to do so. Sometimes, based on ethical considerations, it may be necessary for our firm to cease representing both the newer and the older client in a particular matter if a conflict of interest arises. As we have discussed with Town Attorney Eric Heil, Jay Montgomery, who is of- counsel to the firm and previously represented the Town, will be primarily responsible for matters involving changes to, or re-negotiation of, the various agreements with the Upper Eagle Authority and matters related to the Traer Creek settlement, such as the water rights for Nottingham Reservoir which we discussed with Eric by phone recently. The responsible attorney for the Town’s other water matters including, but not limited to, review of water court filings, if any, and assisting the Town with other water rights and use matters will be reviewed and determined in consultation with the Town on a case-by-case basis. If, after consultation, with you and/or the Town Attorney, we determine that all or part of a particular matter will be most efficiently handled by Jay, his time will be billed to the Town at his current hourly billing rate. Jay will be available at least through December 31, 2014 to assist with the Town’s water matters. Where appropriate and after consultation with Town and Town’s consent, we will delegate work to associate attorneys, paralegals and law clerks in order to keep the costs as low as reasonably possible. Time spent by others at the firm on the Town’s water matter will be billed only to the extent their work on the matter is in addition to, and not duplicative of, any work performed by Jay. Please be advised that the Town will be required to file an application to continue or to make absolute all or part of the Town’s previously decreed recreational in- channel diversion water right. That application must be filed with the water court on or before the end of June, 2014 or the water right will be cancelled by the court. ATTACHMENT A: Revised Agreement for Legal Services and 2014 hourly rates MOSES,WITTEMYER,HARRISON AND WOODRUFF,P.C. Town of Avon January 9,2014 Page 3 Our hourly rates are listed on the fee schedule attached.We typically review and adjust the hourly billing rates on an annual basis,and we will advise the Town in writing of any changes in our billing rates before undertaking any work at rates different from those described herein.Our monthly bills will indicate the hourly charges by attorney or other staff member,as well as any additional fees or out-of-pocket expenses incurred in connection with your legal services.Mileage is presently billed at 56.5^per mile,photocopies are billed at 10^per page and faxes are billed at 25^per page.Payment is due within 30 days and it is our firm's policy to charge interest at a rate of 1%per month on any principal balance that is not paid within 30 days. We will use our best efforts in representing the Town in connection with its water matters,but make no promises or guarantees regarding the outcome of the subject matter for which we are retained.Our comments regarding the probable outcome of any matter are mere expressions of opinion.We also cannot guarantee that any case or controversy involving court action or administrative proceedings will be resolved within a specific time frame because the time table for resolving such matters by a court or agency is often beyond our control.The Town,in turn,agrees to provide us on a timely basis with all data,documents or other information in its possession relating to the matters within the scope of our representation so that we can be fully-informed.The Town has the right to terminate the engagement of our firm at any time.We reserve the right to do the same within ethical constraints and so long as we give the Town adequate notice of such termination. If the policies,terms and conditions of this proposal for legal services are acceptable,please sign and return a copy of this letter to me,while retaining a copy for the Town's records.We look forward to the continued opportunity to work with you and the Town Council.If you have any questions or need additional information,please call. Sincerely yours, MOSES,WITTEMYER,HARRISON AND WOODRUFF,P.C. Richard J.Mehren James R.Montgomery ATTACHMENT A: Revised Agreement for Legal Services and 2014 hourly rates MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Town of Avon January 9, 2014 Page 4 00069581-5 The foregoing is accepted as the terms of engagement of Moses, Wittemyer, Harrison and Woodruff, P.C. to represent the Town of Avon regarding the specific matters described herein. Dated: ________________________________ TOWN OF AVON By: Mayor Rich Carroll PMD:cn Enclosures ATTACHMENT A: Revised Agreement for Legal Services and 2014 hourly rates MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. LAW OFFICES 1002 WALNUT STREET, SUITE 300 RAPHAEL J. MOSES TIMOTHY J. BEATON BOULDER, COLORADO 80302 (1913-2011) RICHARD J. MEHREN CHARLES N. WOODRUFF CAROLYN R. STEFFL TELEPHONE: (303) 443-8782 (1941-1996) _______ FAX: (303) 443-8796 INTERNET: www.mwhw.com COUNSEL ANNE D. BENSARD JOHN WITTEMYER JENNIFER M. DILALLA ADDRESS CORRESPONDENCE TO: DAVID L. HARRISON ALISON D. GORSEVSKI P. O. BOX 1440 JAMES R. MONTGOMERY BOULDER, COLORADO 80306-1440 00058374-3 This is to advise that effective January 1, 2014 our hourly rates for professional services rendered will be as follows: David L. Harrison $275.00 per hour James R. Montgomery $270.00 per hour Timothy J. Beaton $260.00 per hour Richard J. Mehren $235.00 per hour Carolyn R. Steffl $210.00 per hour Jennifer M. DiLalla $195.00 per hour Alison D. Gorsevski $165.00 per hour Anne D. Bensard $165.00 per hour Paralegal $ 90.00 per hour Senior Law Clerks $ 85.00 per hour Interest at the rate of 1.0% per month accrues on amounts not paid within 30 days of billing. The firm reserves the right to charge on other than an hourly rate basis, or to charge a fee in addition to hourly rates, for work involving special risks, effort or time constraints including, without limitation, opinions relating to title, bonds and similar matters. ATTACHMENT A: Revised Agreement for Legal Services and 2014 hourly rates Ordinance 14‐01 – Medical/Dental Offices in the PF Zone District Page | 1             TOWN COUNCIL REPORT  To:   Mayor and Town Council  From:    Matt Pielsticker, AICP, Planning Manager  Date:    January 8, 2014  Agenda Topic:  Ordinance 14‐01, Approving an Amendment to Table 7.24‐1, Allowed Uses, Avon  Municipal Code, to list Medical Clinics and Offices as a Special Review Use   Introduction  This report summarizes an application (Attachment A) to amend the Avon Municipal Code (“AMC”)  for the purpose of listing “medical and dental clinics and offices” as a Special Review Use (“SRU”) in  the Public Facilities (“PF”) zone district.  All code text amendments require a public hearing with the  Planning and Zoning Commission (“PZC”), and subsequent hearings with the Town Council.    Process  §7.16.040(a), Code Text Amendment Review Procedures.  The processing of all code text amendments  follow the procedures set forth in §7.16.020, General Procedures and Requirements.  The PZC reviewed  the application at their December 17, 2013 meeting.  After conducting a public hearing, PZC approved  Resolution 13‐07 (Attachment B), recommending approval of the amendment.  The Council may  approve amendments by Ordinance after considering public input in another Public Hearing.    Summary  The Applicant, Jill Kovacevich of Doctors Plus, Inc., submitted this application to open the opportunity  to apply and expand the scope of a currently operating School Based Health Center (“SBHC”) in the  Avon Elementary School.   Since March 2013, Doctors Plus has been operating a SBHC center in the  Avon Elementary School.  The clinic can be best characterized as a comprehensive  “school health”  program, and targets students who may be in need of a higher level of care due to their health issues  that often serve as barriers to education.  Since the use is currently limited to students in the school it  was determined to be a “school centered” use and accessory to the primary use on the property.      When Staff met with the Applicant last year to discuss the use and the site, it was agreed that if the  program were to expand to serve not only students but also their adult family members, relatives, or  the general public for that matter, the zoning would need to be re‐evaluated and amended.      The PF zone district permits Medical Center/Hospitals as a use‐by‐right, but does not allow Urgent Care  facilities or Medical and dental clinics and offices (see Table 7.24‐1, AMC on following page).  The  Application would add an “S” to the yellow highlighted area, thereby allowing the ability to apply for a  SRU permit for a Medical or Dental clinic in the PF zone district:     Ordinance 14‐01 – Medical/Dental Offices in the PF Zone District Page | 2       Planning Analysis  While it is known that the processing of this Application will likely result in a subsequent SRU  application for the expansion at the Avon Elementary School, this code text amendment would apply  to all PF zoned properties.  As such, consideration should be given to this potential use in all areas of  the PF district.   For reference, below is an excerpt from the Town of Avon Zoning Map which indicates  all PF zoned properties in PINK:        According to the Avon Municipal Code, the PF zone district is “intended to provide sites for public uses  such as community centers, police and fire stations and governmental facilities.”  Table 7.24‐1, Allowed  Uses, AMC, lists all permitted and special review uses for each zone district in Town.  The following lists  summarize all of the permitted and SRU listed uses for the PF zone district:    Permitted Uses in PF District:  Art galleries, Museums, Community Centers, Library, Government  services, office and facilities, Post Office Branches, College or Universities, Schools K‐12 (public and  private), Vocational technical and trade schools, Bus Terminals, Rail Terminals, Commercial parking  facilities (surface and structure), Medical Center/Hospital, Drop‐off Recycling Facilities.    Ordinance 14‐01 – Medical/Dental Offices in the PF Zone District Page | 3   SRUs in PF District:  Preschools, In‐Home Childcare, Small Wind Energy systems, Wireless  Communication Towers and Antenna, Mining.     In the Avon Comprehensive Plan, the majority of the areas zoned PF are located within District 5:  Nottingham Park District, and District 26: Swift Gulch District.  The Nottingham Park District speaks  heavily to the area’s prominence as the cultural, civic, and recreational hub of the Town.  The Swift  Gulch District is recognized as a highly visible area where special attention should be given to help  blend buildings and facilities into the surrounding environment.    School Based Health Centers clearly provide a valuable benefit to students.  By expanding  opportunities for primary care to the general public, the compatibility and external impacts of the use  would need to be reviewed carefully.  In this instance things such as access to the office would need to  be controlled, parking, and signage come to mind.  However, those details would all be wrapped into a  SRU permit application.      By keeping the SRU process in tact to review the compatibility of a Medical Clinic in the PF zone  district, Staff is comfortable recommending approval.  If the Council approves this code text  amendment, it should be noted that this code change in no way prejudges any future applications to  expand the SBHC in Avon Elementary.  The use would need to be evaluated in detail by PZC based on  the SRU criteria separately and this would not be a guaranteed approval in the future; it would only  afford the opportunity to apply for expansion.         Review Criteria  §7.16.040(c), Code Text Amendment Review Criteria.  Council shall use the following review criteria as  the basis for recommendations on applications to amend the text of the Avon Municipal Code:  (1) The text amendment promotes the health, safety, and general welfare of the Avon  Community;  (2) The text amendment promotes or implements the goals and policies of the Avon  Comprehensive Plan;  (3) The text amendment promotes or implements the purposes stated in the Development  Code; or  (4) The text amendment is necessary or desirable to respond to changed conditions, new  planning concepts, or other social or economic conditions.      Response:  The Application is thorough and certainly makes a clear case for the necessity to offer  expanded health care options to “respond to changed conditions and other social conditions”  (§7.16.040(c)4), AMC.  PZC found that the proposed code amendment promotes the health, safety,  and general welfare of the community by promoting opportunities for healthcare integration into  existing facilities.        Staff Recommendation   Staff is recommending approval of Ordinance 14‐01 (Attachment C) on first reading, thereby setting a  public hearing date for second reading and final approval on January 28, 2014.    Attachments  A: Application Materials  B: PZC Resolution 13‐07   C: Draft Ordinance 14‐01   1 DOCTORS PLUS, INC PO Box 2819 Avon, CO 81620 970-949-5434 970-949-0376 FAX November 26, 2013 Town of Avon Community Development Department PO Box 975 Avon, CO 81620 Attn: Jared Barnes and Matt Pielsticker RE: Eagle County Schools – School Based Health Center (ECS-SBHC) Doctors Plus Kids Care Clinic at Avon Elementary Dear Jared, Enclosed please find our Application for Code Text Amendment (CTA) from Doctors Plus, Inc (DOC+) for the purpose of amending the current Town of Avon Development Code to allow for location of a “medical and dental clinics and offices” in a Public Facility zone district, subject to Special Review Use. Specifically, Doctors Plus seeks to expand the Eagle County Schools – School Based Health Center (ECS SBHC) at Avon Elementary from a school centered service for students only to a “medical/dental clinics and offices” serving all children, adults and families of the Avon and ECS communities. This expanded use, however, is not currently permitted within a Public Facility zone district under Table 7.24-1 of the Town of Avon Development Code. Documents Enclosed: 1) Land Development Application- Applicant Doctors Plus; 2) Authorized Representative Form- Designating Doctors Plus; 3) Disclosure of Property Ownership from Eagle County School District (ECSD); 4) Agreement to Pay- from Doctors Plus as responsible for payment; 5) Certificate of Occupancy, Building Permit and Floor Plan for existing Doctors Plus clinic at Avon Elementary School serving only Eagle County Schools (ECS) students ages 3-18. Code Text Amendment (CTA) Narrative 1. Applicant: Doctors Plus, Inc. Jill E. Kovacevich, Executive Director, PO Box 2819, Avon, CO 81620, 970-343-0881, mtndoc@vail.net 2. Project Description: The intent of this proposal is to amend the Town of Avon Development Code to allow the location of “medical and dental clinics and offices” within a Public Facility zone district subject to Special Review Use. Attachment A 2 Potentially allowing this CTA, would permit medical providers (Doctors Plus and ECS SBHC) the opportunity to apply for Special Review Use to allow health care service provision in a Public Facility (Avon Elementary). As an allowed “medical and dental clinics and offices” use located in a Public Facility zone district, the Doctors Plus Kids Care Clinic (ECS SBHC) could then expand its current permitted use from a “school centered service for ECS students only” to a “general public use” allowing service utilization by the general public including non ECS students, children, adults and families of the Avon and ECS communities. 3. Present Zoning: The ECS SBHC operated as the Doctors Plus Kids Care Clinic is currently located in Avon Elementary as a permitted “school centered service” use in an Educational Facility within a Public Facility zone district. 4. Background and History: Doctors Plus together with the Eagle County School District operate a School Based Health Center (ECS SBHC) at Avon Elementary providing primary comprehensive health care including physical, oral and behavioral-mental health services to ECS students. SBHCs in Colorado are funded primarily by government and foundation health care grants from funders including The Colorado Health Foundation, Caring for Colorado Foundation, Colorado Rural Health Center and most recently the Colorado Department of Public Health and Environment. Additional, funding for the ECS SBHC is provided by in-kind contribution from the Eagle County School District (ECSD) and medical sponsor, Doctors Plus, from patient fees as earned income and individual donors. In December 2012, ECS SBHC was awarded state funding and became a Colorado Department of Health and Environment (CDPHE) SBHC with additional funding and quality improvement support beginning January 2013 through 2016. The ECS SBHC serves a significant community need in providing access to affordable healthcare to keep children healthy and in school. In addition, there is significant need to serve the families of ECS students including their siblings and children as well as provide an affordable care choice to the employees of ECS and our community patient population. In 2009 and 2010 planning surveys showed over 2300 children in the eastern Eagle County Schools needing increased access to affordable primary care including physical, oral and behavioral health care. Facility patient and location expansion are planned for 2014 to expand services to western ECS schools and include children ages 0-3, non ECS students ages 3-18, adults, family, community members and ECSD employees. Attachment A 3 Colorado has 54 school based health centers located throughout the State of Colorado in both urban and rural communities. These SBHCs are co-located in public schools and most are not regulated by local zoning authorities. Many deliver comprehensive health care to the general public. In February 2013, prior to opening its doors, the ECS SBHC and Town of Avon Development Department determined the ECS SBHC at Avon Elementary would provide “school centered services to ECS students only” as a permitted use within a Public Facility. Further, that ECS SBHC would address potential zoning issues in the future, if it wanted to expand services to the general public. Expanded services to non ECS students is essential to support student families, ECSD employees and provide an additional affordable health care choice in our community. The lack of affordable access to care in Eagle County is directly related to 1) the shortage of healthcare providers delivering affordable care and 2) the lack of cost-effective delivery facilities committed to providing quality affordable care to all patients. Eagle County studies show a need for an increase in affordable primary care providers by more than 8 (FTE) to deliver affordable care and meet the needs of the medically underserved. In addition, the underserved patient population in Eagle County is expected to rise by over 3,000 patients under the Affordable Care Act. Further, even as the Affordable Care Act through Colorado’s Health Exchange offers “affordable insurance”, Eagle County residents will pay 15% higher premiums than elsewhere and many will have deductibles in excess of $3500.00 and will remain “underinsured”. Recently, Eagle Care, the indigent care clinic operated by Vail Valley Medical Center was granted funding and certification as a Federally Qualified Health Center (FQHC) under Mountain Family to open in Edwards early 2014. The FQHC patient base however, is limited to 80% indigent patients at 150% FPL (federal poverty level) or lower. There remains a considerable patient population above 150% FPL without access to primary care they can afford. Families who live in Eagle County face considerable challenges accessing affordable health care. In 2008 Eagle County data demonstrated that residents do not have adequate access to health or preventive services. This “picture of healthcare” in Eagle County has not changed. Economic downturns since 2007 have shrunk the construction industry leaving many households with only one income. Despite the reduction in construction industry incomes, during this same period, the self sufficiency level (amount of income needed for minimal needs) in Eagle County has risen to $62,297.00 annual income or 3.5 times the federal poverty level (FPL). Doctors Plus seeks to expand the ECS-SBHC at Avon Elementary from a school centered service for students only to a “medical and dental clinics and offices” serving all children, adults and families of the Avon and ECS community. ECS SBHC requests the Town of Avon approval for this service expansion as a two part process: 1) to request a Code Text Amendment allowing the location of “medical or dental clinics or offices” within a Public Facility Attachment A 4 zone district subject to Special Review Use and 2) obtain Special Review Use to allow the “medical and dental clinics and offices” of ECS SBHC as a special use in Avon Elementary with service provision for the general public. 5. Response to Mandatory Criteria in Section 7.16.040 (c): (1) The CTA promotes the health, safety, and general welfare of the Avon Community: The proposed CTA to allow medical and dental clinics and offices in a Public Facility zone district will support co-location of health services thereby leveraging public assets for the benefit of improved community healthcare access. As our national and local healthcare and economic crisis continues to be felt in our communities, there is a growing need for affordable health care access and affordable care choices. Particularly important is affordable access to physical, oral and behavioral health for all patients, insured, uninsured and underinsured, of all income levels. Additional “medical and dental clinics and offices” located within our town and neighborhoods where needed most, meet this need especially when co-located in a facility where costs can be reduced and leveraged among collaborative partners and services provided in close proximity (walking distance) to those who need it most Further, once amended any proposed use would be subject to Special Review Use process. Thus, the ECS SBHC would then need to establish that its desired use to deliver affordable care access to Avon Elementary students, surrounding neighborhoods, our ECS community and our entire patient population in and around the Town of Avon, is in fact, in the best interests of the health, safety and welfare of the Town of Avon. (2) The CTA promotes or implements the goals and policies of the Avon Comprehensive Plan: The CTA promotes or implements the goals of the Avon Comprehensive Plan as providing for potential Neighborhood Commercial uses that support surrounding residential neighborhoods. Additionally, by making the proposed amended use subject to Special Review Use additional compliance can be required to assure fulfillment of the Town of Avon’s Goals and Policies cited as follows:  Encourage sustainable commercial development that enhances Avon’s overall economic health, contributes to the community’s image and character, and provides residents and visitors with increased choices and services;  Encourage neighborhood retail and service activities in locations that are convenient to residential neighborhoods;  Ensure cost effective provision and development of public facilities and Services;  Coordinate with quasi jurisdictional agencies regarding service expansions and other development that could affect the achievement of the district; (3) The CTA promotes or implements the goals and policies as stated in the Development Code: The intent and purpose of the Town of Avon Development Code is to promote and achieve the following (noted with Applicant’s response): Attachment A 5 (a) Divide the Town into zones etc: Not Applicable; (b) Implement the goals and policies of the Avon Comprehensive Plan: See above response to #2; (c) Comply with state and federal regulations: The proposed CTA is not detrimental, not in conflict with, nor creates an unmitigated impact to this goal or purpose;` (d) Avoid undue traffic congestion and degradation of the level of service provided by etc: The proposed CTA is not detrimental, not in conflict with, nor creates an unmitigated impact to this goal or purpose; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population: The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose. Further, any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the CTA can be addressed in the Special Review Use process. (f) Provide a planned and orderly use of the land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage quality of life etc: The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose and helps support increased access to healthcare for improved health and quality of life within our community; (g) Prevent the inefficient use of land etc: The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose and helps support use of facilities which maximizes efficiency, optimizes costs, promotes sufficient, economical and high-quality provision of all public services including medical facilities; (h) Minimize the risk of damage etc: The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose; (i) Achieve or exceed federal clean air standards: The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose; (j) Sustain water sources by maintaining etc: The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose; (k) Maintain the natural beauty of the Eagle River Valley etc: The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose; Attachment A 6 (l) Promote the architectural design which is compatible etc. The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose; (m) Achieve innovation and advancement etc: The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose and helps support efficient use of resources; (n) Achieve a diverse range of attainable housing etc The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose; (o) Promote quality real estate investments etc: The proposed CTA is not detrimental, not in conflict with nor creates an unmitigated impact to this goal or purpose; (p) Promote the health safety and welfare of the Avon Community. The proposed CTA supports this goal or purpose and promotes/provides increased opportunities for healthcare integration into existing Public Facilities. This integration supports economic efficiencies in leveraging assets across community partners. An example is the co-location of a physical therapy provider in the Avon Recreation Center. While that use may be an “accessory” to the purpose of the recreational use and not in need of a Code Text Amendment, the co-location itself is evidence of how a health care provider or service may be compatible with a use within a Public Facility. Further, by approving the Code Text Amendment to allow “medical and dental clinics and offices” co-located in a Public Facility subject to Special Review Use, each request for co-location would be reviewed for purpose of specific determination of its benefit to the health, safety and welfare of the community. and; (4) The CTA is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions: This CTA is consistent with the TOA Comprehensive Plan (TOA-CP) by providing to the community additional services that meet the needs and interests of those who live and work in Avon. Additionally, potential healthcare related service provision is expanded to serve our community. By expanding the opportunities for location of health care services in the TOA, additional strength is added to the TOA economy, diversity in populations we serve and connectedness to the cultural needs of our community. Further, this CTA fosters cooperative partnerships with organizations throughout the valley, namely potential public-private collaboration. Summary and Anticipated Future Special Review Use Approval of this CTA would allow the co-location of a “medical clinic” providing physical, oral and mental health services such as the ECS SBHC within a Public Facility like Avon Elementary School to serve the general public. We do anticipate upon Special Attachment A 7 Review Use of the facility, addressing issues of facility hours, parking and security and any other needs to mitigate impacts. Thank you for your consideration of this request. Please feel free to contact me if you need any additional information or have any questions. We look forward to working with the Town of Avon on this project. Very truly yours, Jill E. Kovacevich, JD, FAAMA (electronically signed) Executive Director Doctors Plus, Inc mtndoc@vail.net 970-343-0881 Attachment A A t t a c h m e n t B Page 1 of 4 Ord No. 14-01 Amending Table 7.24-1, Allowed Uses, Avon Development Code TOWN OF AVON, COLORADO ORDINANCE 14-01 SERIES of 2014 AN ORDINANCE AMENDING SECTION 7.24.040, TABLE OF ALLOWED USES, AND TABLE 7.24-1, ALLOWED USES, AVON DEVELOPMENT CODE TO LIST MEDICAL AND DENTAL OFFICES AND CLINICS AS A SPECIAL REVIEW USE IN THE PUBLIC FACILITIES ZONE DISTRICT RECITALS WHEREAS, the Town of Avon (“Town”) adopted Ordinance No. 10-14 adopting the Avon Development Code (“ADC”); WHEREAS, the Town adopted the ADC and find that the text can be amended periodically to address changed conditions; WHEREAS, Jill Kovacevich, representing the Eagle County School District, owner of real property in the Town of Avon, submitted a code text amendment (“Application”) on December 3, 2013, pursuant to their powers granted by §7.16.040(a), Review Procedures, Avon Municipal Code (“AMC”); WHEREAS, The Application would amend Section 7.24.040, Table of allowed uses, and Table 7.24-1, Allowed Uses, by adding Medical and Dental Office and Clinics as eligible for Special Review Use permits in the Public Facility (PF) Zone District; WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on December 17, 2013, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to recommend approval of the application and adopted PZC Resolution 13-07, recommending approval to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on January 14, 2014, and January 28, 2014 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment and found the Application in compliance with the review criteria; Attachment C DR A F T Page 2 of 4 Ord No. 14-01 Amending Table 7.24-1, Allowed Uses, Avon Development Code WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 7.24.040, Table of allowed uses and Table 7.24-1, Table of allowed uses. Section 7.24.040, Table of allowed uses, and Table 7.24-1, Table of allowed uses, of the ADC is amended as follows: Section 3. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Attachment C DR A F T Page 3 of 4 Ord No. 14-01 Amending Table 7.24-1, Allowed Uses, Avon Development Code Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall, Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon Municipal Code. Section 8. Final Action. Approval and final adoption of this Ordinance on second reading constitutes the Town’s final action for the purposes of any appeal, legal challenge or referendum seeking reconsideration of the decision of the Town Council with respect to this Ordinance and matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code and in accordance with Chapters VI and VII of the Avon Home Rule Charter. [EXECUTION PAGE FOLLOWS] Attachment C DR A F T Page 4 of 4 Ord No. 14-01 Amending Table 7.24-1, Allowed Uses, Avon Development Code INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on January 14, 2014 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on January 28, 2014, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. ____________________________ Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 28th day of January, 2014. ____________________________ Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: __________________________ Patty McKenny, Town Clerk Attachment C DR A F T Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 14-02 Amending Council Residency Determination DATE: January 8, 2014 Summary: Ordinance No. 14-02 Amending Chapter 2.32 of the Avon Municipal Code Regarding Residency of Council Members is presented to the Town Council for first reading. Ord. 14-02 amends the criteria for relevant evidence for Council consideration when determining whether a Council member meets the residency requirements. These amendments are presented pursuant to Council’s discussion and direction at its December 10, 2013 regular meeting. Chapter 2.32 was originally adopted by the Avon Town Council in 1992. The existing language in Chapter 2.32 is included as Attachment B for convenience. Amendments: The proposed amendments would clarification the relevant evidence for consideration by separating evidence relevant to determine whether residency currently exists from evidence relevant to determine with a Council member who has lost residency has an intent to re-establish residency within six (6) months. The specific amendments are discussed as follows: Criteria which have been eliminated from the determine of whether residency currently exists includes: • mailing address (because some Avon residences prefer to use a P.O. Box outside of Avon, Co); • business interests in Avon (because this is unrelated to residency); • employment in Town (because this is unrelated to residency); • income sources (because this is unrelated to residency); • age (because this is unrelated to residency other than the minimum 18 years old age qualification for a Council member); • marital status (because this is unrelated to residency); and • residence of spouse, children or parents (because this is related to residency of a Council member). The criteria concerning ownership or leasehold interest has been combined because an important element of residency is the legal right to use a residence; however, it is not relevant whether someone owns or leases a residence. A new section 2.32.095 has been added to set forth the relevant evidence for intent to re-establish a home or place of abode within the Town as a separate criteria list. Requested Action: Consideration of the proposed amendments to the relevant evidence related to determining residency and direction on any additional changes. Proposed Motion: “I move to approve Ordinance No. 14-02, Series 2014, An Ordinance Amending Chapter 2.32 of the Avon Municipal Code Regarding Residency of Council Members.” Attachments: Attachment A: Ord. 14-02 Attachment B: Existing Chapter 2.32 Thank you, Eric M EMORANDUM & PLANNING, LLC Ord 14-02 Amending Ch. 2.32 January 2, 2014 DRAFT Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE NO. 14-02 SERIES OF 2014 AN ORDINANCE AMENDING CHAPTER 2.32 OF THE AVON MUNICIPAL CODE REGARDING RESIDENCY OF COUNCIL MEMBERS WHEREAS, the Town finds that the review criteria for determination of Council member residency and qualification for serving as a Council member should be updated and should be clarified; and WHEREAS, the Avon Home Rule Charter, Section 4.6(c) states, “The Town Council shall be the judge of election and qualification of its own members.”; and WHEREAS, it is the Town Council finds that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by updating and clarifying the review criteria for Council member residency; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Section 2.32.090. Section 2.32.090 Relevant evidence. of the Avon Municipal Code is repealed in its entirety and reenacted to read as follows: 2.32.090 Relevant evidence. The Council may consider any relevant evidence to determining primary residency and loss of home or place of abode: (a) Ownership or leasehold interest of a residence within Town; (b) Location of another residence not in Town and owned or leased by the affected Council member and used by such Council member for residential purposes; (c) Voter registration address; ATTACHMENT A: ORD 14-02 Ord 14-02 Amending Ch. 2.32 January 2, 2014 DRAFT Page 2 of 4 (d) Driver’s license registration address; (e) Address on Federal and State tax returns; and, (f) Participation of the affected member in the meetings and affairs of the Council and Town. Section 3. Enactment of Avon Municipal Code Section 2.32.095. Section 2.32.095 Relevant evidence to intent to return. of the Avon Municipal Code is hereby enacted to read as follows: 2.32.095 Relevant evidence of intent to return. In the event a Council member loses his or her home or place of abode within the Town, Council may consider any relevant evidence to determine the affected Council member’s intent to re-establish primary residency in the Town, including but not limited to: (a) Expressed intent of the affected member to re-establish a home or place of abode in Avon within six (6) months after losing residency; however, a lthough this expressed intent shall be very important in making the determination of continued residency, it shall not be the sole criteria; (b) Activities of the affected member in re-establishing a home or place of abode within Town; (c) Location of current habitation of the affected member; (d) Length of time the affected member has resided at the out-of-Town habitation; and, (e) Any change of address to the affected member’s voter registration, driver’s license, or Federal or State tax returns. Section 4. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. ATTACHMENT A: ORD 14-02 Ord 14-02 Amending Ch. 2.32 January 2, 2014 DRAFT Page 3 of 4 Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [Execution Page Follows] ATTACHMENT A: ORD 14-02 Ord 14-02 Amending Ch. 2.32 January 2, 2014 DRAFT Page 4 of 4 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 28, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on January 14, 2014. ____________________________ Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Patty McKenny, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on January 28, 2014. ____________________________ Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: __________________________ Patty McKenny, Town Clerk ATTACHMENT A: ORD 14-02 2-13 CHAPTER 2.32 Determining Residency Qualifications of Council Members 2.32.010 Definitions. For purposes of this Chapter the following definitions shall apply: Home or place of abode. A home or place of abode shall mean a physical location in the Town where a person can carry on usual residential activities. This shall include the ownership of a residential accommodation or a lease of such an accommodation on a month-to-month or longer term. However, with the exception of short-term rentals of thirty (30) days or less, if the affected person does not have a present right to possession of the premises, then such location shall not be considered to be a home or place of abode. Residency. The residence of a person is the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his or her habitation is fixed and to which a person, whenever he or she is absent, has the present intention of returning after a departure or absence therefrom. A person shall not be considered to have lost his or her residence if he or she leaves his or her home in the Town to go out of Town merely for temporary purposes with an ATTACHMENT B: AMC CHAPTER 2.32 2-14 intention of returning. If the person moves out of Town with the intention of making it his or her permanent residence, he or she shall be considered to have lost his or her residence in the Town. Residency within the Town shall be satisfied by ownership or leasehold interest of real property and contemporaneous use of the same as the affected member's primary home or place of abode. (Ord. 92-1 §1(part)) 2.32.020 Loss of home or place of abode. Unless a Council Member states that he or she has no intent to return to a home or place of abode in Avon, when a Council Member loses his or her home or place of abode within the Town, as defined herein, upon the expiration of thirty (30) days after the loss of such home or place of abode in the Town, such Council Member shall be considered disqualified as a Council Member for failure to maintain residency in the Town. However, the Town Council may continue such Council Member's residency qualification and membership on the Council if the Council determines, prior to the expiration of such thirty-day period, that the affected Council Member intends to regain a home or place of abode within the Town prior to the next general municipal election or within one (1) year of such determination, whichever first occurs. (Ord. 98-5 §1; Ord. 92-1 §1(part)) 2.32.050 Lack of intent to return. If the affected member, at the time that the person is no longer residing within the Town, has no intent to return, in the foreseeable future, to an abode within the Town, then, as of such date, the affected member is no longer a resident of the Town and no longer qualified to sit as a Council Member. (Ord. 92-1 §1(part)) 2.32.060 Request for hearing. Any Council Member may request of the Council that it consider the residency qualifications of one (1) of its own members, including the qualification of the requesting member. If the Council determines that a legitimate issue exists as to the residency of one (1) of its members, it shall set a public hearing on the issue with at least five (5) days' advance notice to the member (herein referred to as "affected member") whose residency qualifications are to be considered. (Ord. 92-1 §1(part)) 2.32.070 Presentation of evidence. At the public hearing the affected member, if present, shall remove herself or himself from the council seat and may present such evidence and testimony as he or she desires and as requested by members of the Council on the issue of residency. The affected member shall not be required to be present at the hearing. All such testimony, when given in person, shall be given under oath. The Council may consider letters, petitions and other evidence that it believes are relevant. The Council may terminate the presentation of evidence and bring the hearing to a conclusion at any time and at its own discretion. (Ord. 92-1 §1(part)) 2.32.080 Decision of the Council. Within thirty (30) days after the conclusion of the hearing, the Council shall render its decision. However, no delay in making such decision shall extend the thirty-day period of qualification as provided in Section 2.32.020 above. The decision shall not require any finding of fact, but findings of fact may be included if the Council so desires. The decision shall be a determination of the residency of the affected member as of the date of the hearing. (Ord. 92-1 §1(part)) ATTACHMENT B: AMC CHAPTER 2.32 2-15 2.32.090 Relevant evidence. The Council may consider any relevant evidence on residency of the affected member, including but not limited to the following: (1) Expressed intent of the affected member to return to a home or place of abode in Avon within six (6) months after losing same. Although this expressed intent shall be very important in making the determination of continued residency, it shall not be the sole criteria; (2) Activities of the affected member in acquiring a home or place of abode in Avon; (3) Location of current habitation of the affected member; (4) Length of time the affected member has resided at the out-of-Town habitation; (5) Ownership (including type, length of time and whether residential) of real and personal property within the Town; (6) Mailing address; (7) Business interests in the Town including involvement of the affected member in the business; (8) Employment in the Town; (9) Income sources; (10) Age; (11) Marital status; (12) Residence of spouse, children or parents; (13) Leaseholds interests both within Town and at current out-of-Town habitation; (14) Voter registration; (15) Motor vehicle and driver's license registration; (16) Participation of the affected member in the meetings and affairs of the Council and Town. (Ord. 92-1 §1(part)) 2.32.100 Current Council Members. With regard to the residency qualifications of all Council Members sitting on the Council on the effective date of the ordinance codified in this Chapter, all time periods set forth in this Chapter shall commence as of the effective date of the ordinance codified in this Chapter. (Ord. 92-1 §1(part)) ATTACHMENT B: AMC CHAPTER 2.32 TOWN COUNCIL REPORT To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: January 9, 2014 Agenda Topic: Resolution No. 14-01 Approving the Locations for Posting the Notices of Public Meetings C.R.S. Section 24-6-402(2)(c) requires that the municipality’s posting places must be designated at the first regular meeting of the calendar year as part of Colorado’s “Open Meetings Law”. Resolution No. 14-01 is presented to satisfy this requirement in that it identifies three public locations used for posting notices of Avon’s public meetings. Last year there was discussion to possibly use a location in West Avon and there was consideration given to using Avon Elementary School. The principal Ms. Thuon was supportive of letting the Town use the front entryway for such posting purposes. This location could be considered again this year. There were also some discussions about providing the agenda in Spanish if this location were to be used. There have not been any estimated costs made in regard to translating the agenda into Spanish. Staff Recommendation Staff recommends approving the resolution. Recommended Motion “I move to approve Resolution No. 14-01 Approving the Locations for Posting the Notices of Public Meetings.” TOWN OF AVON, COLORADO RESOLUTION NO. 14-01 SERIES OF 2014 RESOLUTION APPROVING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS Whereas, Local Public Bodies, including the Avon Town Council, are required by Subsection 24-6-402 (2)(c) C.R.S., to designate annually at the Town Council’s first regular meeting of each calendar year, the place at which notice will be posted at least 24 hours prior to each meeting. NOW, THEREFORE BE IT RESOLVED BY THE AVON TOWN COUNCIL AS FOLLOWS: Notice of meetings of the Town Council required pursuant to Section 24-6-401, et seq., C.R.S. shall be posted within the boundaries of the Town at least 24 hours prior to each meeting at the following locations: Avon Town Hall, One Lake Street Avon Recreation Center, 90 Lake Street, Avon Public Library, 200 Benchmark Road ADOPTED THIS 14TH DAY OF JANUARY 2014. TOWN COUNCIL TOWN OF AVON, COLORADO _________________________ Rich Carroll, Mayor Attest: ___________________________________ Patty McKenny, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Patty McKenny, Assistant Town Manager Date: January 7, 2014 Agenda Topic: Council Committee Appointments for 2014 Summary: Please find attached a copy of the 2013 committee appointments made last January to assist with the discussion for 2014 appointments. Some discussion points might address the following:  Are there any new committees to include on the list?  Are all the committees relevant to the Town’s Strategic Plan and Town business?  Should “staff” serve as the representative on any of the committees?  Should the appointments be made on a two-year cycle that matches the election cycle with a review only during the odd numbered year? Once the final appointments are decided upon, a motion would be made to confirm the listing of name/s serving on each committee. Some appointments such as the UERWA and ECO Board appointments are followed up with written confirmation of those persons serving on their boards. The committee updates will then be placed on the agenda on a regular basis. Recommended Motion: The motion would include approval of the 2014 committee appointments as assigned. Attachments  Copy of 2013 Committee Appointments DRAFT WORKING DOCUMENT FOR Town of Avon 2014 Committee Appointments 1/9/2014 Page 1 Rep Type AGENCY DESCRIPTION COUNCIL & STAFF ASSIGNMENTS MEETING FREQUENCY & DATES Schedule Council Meeting Update REPRESENTATION TYPES "IGC&A"Intergovernmental Committees & Authorities "IHTC"In-House Town Committees/ SubCommittees "LIAISON"Liaisons "IGC&A"ECO Transit Board (Eagle County Regional Transportation Authority) Contact Name: Kelly Collier, Director serves as town's representative on Eagle County's Transit & Trails Advisory Board official appointment Councilor Buz Reynolds Councilor Jake Wolf, Alternate (Staff designee Jane Burden) January 15 April 23 July 16 October 15 2nd meeting of the following month "IGC&A"Upper Eagle Regional Water Authority serves as town's representative on the six member authority board responsible for region's public water systems this is an official appointment Mayor Pro Tem Todd Goulding Town Manager Meets on 4th Thursday of each Month 1st meeting monthly "IGC&A"Public Access TV: Channel 5 serves as town's representative on the Board of the nonprofit organization that manages non commercial public, educational and governmental programming Councilor Jake Wolf (staff designee Recreation Director) 4th Wed. every other month: January 22 March 26 May 28 July 23, Sept 24 Nov 26 1st meeting of the month "IGC&A"Housing Boards (EBAHC & BRAHC) Contact Names: Gerry Flynn, Pricilla Coffin 926-8686 serves as representative on the Eaglebend Affordable Housing Board & the Kayak Crossing Affordable Housing Board Town Manager (or staff designee) Jan 22, Mar 26, May 21, Jun 25, July 30, Aug 27, Sept 24, Nov 5 March "IGC&A" VVP: 1. EGE Air Alliance serves as representative to discuss regional airport topics of concern Mayor Rich Carroll (or staff designee Finance Director) Monthly on the first Monday of the month 1st meeting of the month "IGC&A" VVP: 2. Economic Development Leadership Council (formerly Eagle County Economic Council) serves under the umbrella of the Vail Valley Partnership Contact Names: Chris Romer serve as representative on the advisory board to the VVP governming board; assists with regional & local collaboration, research, and follow through on ecnomic development initiatives Mayor Pro Tem Todd Goulding Councilor Chris Evans Town Manager Monthly on the first Monday of the month 1st meeting of the month INTERGOVERNMENTAL COMMITTEES & AUTHORITIES DRAFT WORKING DOCUMENT FOR Town of Avon 2014 Committee Appointments 1/9/2014 Page 2 Rep Type AGENCY DESCRIPTION COUNCIL & STAFF ASSIGNMENTS MEETING FREQUENCY & DATES Schedule Council Meeting Update "IGC&A"Eagle County Home Buyer Assistance Committee ("HBAC") Tori Franks: Eagle County (328-8775) Eagle County Housing & Development Department tfranks@valleyhomestore.org Committee advises on the Eagle County Loan Fund - Avon has contributed to this fund; committee has not recently met due to low activity Councilor Dave Dantas Annually TBD "IHTC"Community Development Subcommittee serves on town's internal committee in order to review related topics some of which include the following: status of mall improvements Dave Dantas, Chris Evans, Councilors Chris Green, PZC Chairman Community Dev Director Town Manager TBD "IHTC"Legal Subcommittee serves on town's internal committee in order to review legal aspects of topics Councilor Chris Evans Councilor Buz Reynolds Town Attorney Town Manager TBD "IHTC"Transit SubCommittee serves on town's internal committee in order to review related transit topics some of which may involve interaction with ECO & Beaver Creek Resort Company Councilor Buz Reynolds Councilor Jake Wolf Town Manager Transit Supervisor (or staff designee) TBD "IHTC"Economic Development SubCommittee Review economic development program Mayor Pro Tem Todd Goulding Councilor Chris Evans Town Manager TBD LIAISONS "LIAISON"Governments & Multi-Jurisdictional Organizations: Colorado Association of Ski Towns Colorado Municipal League Policy Board serves on various boards or participates in these groups as town's representatives Mayor, Mayor Pro Tem Town Manager Various Times As Needed IN-HOUSE TOWN COMMITTEES OR SUBCOMMITTEES DRAFT WORKING DOCUMENT FOR Town of Avon 2014 Committee Appointments 1/9/2014 Page 3 Rep Type AGENCY DESCRIPTION COUNCIL & STAFF ASSIGNMENTS MEETING FREQUENCY & DATES Schedule Council Meeting Update "LIAISON"Eagle County Mayor/Manager's Meetings Contact Name: serves as representatives to the County's quarterly meetings that host regional mayors and managersto discuss topics of regional concern Mayor and Manager TBD 9 am - 11 am @ County Bldg 1st Meeting in February "LIAISON"Eagle County Regional Collaboration Contact Name: Rachel Oys, Asst. County Manager serves as representatives for Eagle County's colloboration group that was created from Mayor's Manager's Meetings Mayor Rich Carroll Town Manager TBD March Meeting "LIAISON"Traer Creek Metro District & Traer Creek LLC Contact Names: McGeady Sisnersos Law Firm Special District, Lisa Jacoby 303-987-0835 serves as liasons to meet with group respresenting The Village (at Avon) property Councilor Jennie Fancher Councilor Dave Dantas Town Manager Meetings on 3rd Wednesday of each month 2nd meeting of the month "LIAISON"Transportation Related Groups: SEE BELOW:these are various state and regional meetings with discussions about transportation planning by groups made up of state, county, and municipal officials(and often times related staff members Mayor, Mayor Pro Tem Town Manager "LIAISON" 1. I-70 Coalition reprsentatives from towns & counties along the I-70 corridor trying to address the concern of I-70 congestion Town Manager TBD 2nd meeting of the month "LIAISON" 2. Intermountain Regional Transportation Planning Group representatives from towns & counties that monitors transit and funding Town Manager (or staff designee Jane Burden) TBD TBD "LIAISON" 3. Advance Guideway Systems Planning Group representatives from Eagle County region to discuss transit along corrider from Denver to Eagle Airport Town Manager (or staff designee Jane Burden) TBD TBD "LIAISON"ECO Trails Oversees a multi-use trail system through the Eagle River Valley; a partnership includes county government and the town of Gypsum, Eagle, Avon, Vail, Red Cliff, and Minturn; Eagle County Commissioners, Eagle County Regional Transportation Authority Board and the Eagle Valley Trails Committee provides oversight of the trails activities ECO Board: Buz Reynolds, Jake Wolf ECO Trails Committee: Staff participate ; may have an appointment available early 2014 TBD DRAFT WORKING DOCUMENT FOR Town of Avon 2014 Committee Appointments 1/9/2014 Page 4 Rep Type AGENCY DESCRIPTION COUNCIL & STAFF ASSIGNMENTS MEETING FREQUENCY & DATES Schedule Council Meeting Update "LIAISON"Eagle County School District Contact Names: Jeanne McQueeney, President Dr. Jason Glass, Superintendent Avon Elementary Principal serves as town liaison for ECSD on joint matters of concer; outreach efforts to ECSD Board & community schools Councilor Chris Evans Councilor Jake Wolf School Board meets 2nd & 4th Wednesdays TBD "LIAISON"Eagle River Water & Sanitation District Contact Name: Linn Brooks, Director, 476-7480 Diane Johnson, 477-5457 serves as town liaison for ERWSD on joint matters of concern Mayor Rich Carroll Mayor Pro Tem Todd Goulding As Needed NA "LIAISON"Beaver Creek Resort Committee (Bus, Marketing & Liaison) Contact Name: Tim Baker 845-5971 serve as town liaison to BCRC on joint matters of concern Councilor Buz Reynolds Councilor Jennie Fancher Town Manager TBD TBD "LIAISON"Avon Business Association Contact Name: Roger Benedict 949-5390 Councilor Jennie Fancher Town Manager (or staff designee) Various times NA "LIAISON"Vail Valley Foundation Contact Name: Ceil Folz 777-2015 Particpation in various special events as sponsored by the VVF Councilor Jennie Fancher Town Manager NA NA "LIAISON" VVF: 1. 2015 FIS Alpine World Ski Championships Committees Participating Staff include Police Chief Ticer, Transit Supervisor Jane Burden TBD TBD "LIAISON" VVF: 2. 2015 Environmental Quality Committee Mayor Rich Carroll TBD TBD "LIAISON"Vail Valley Partnership Contact Name: Chris Romer 477-4016 Provides services and programs to the business region Councilor Jennie Fancher NA "LIAISON"VVP: Vail Valley Sports and Events Coalition Regional committee which meets to discuss avenues to bring events to the Valley Councilor Jake Wolf (or staff designee Recreation Director and/or Special Events Supervisor) TBD "LIAISON"Vail Valley Mountain Bike Association Mayor Rich Carroll Town Manager (or staff designee) TBD 1/22/13 TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.12.10 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Pro Tem Goulding called the meeting to order at 5:15 PM. A roll call was taken and Council members present were Dave Dantas (arrived at 5:35 pm), Chris Evans, Jennie Fancher, Buz Reynolds and Jake Wolf. Mayor Carroll was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager/Town Clerk Patty McKenny, Senior Planner Matt Pielsticker, Planner II Jared Barnes, as well as members from the public. 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. ACTION ITEMS 4.1. PUBLIC HEARING and Action on Amplified Sound Permit with a Request by WinterWonderGrass to extend the Hours of Amplified Sound in Nottingham Park February 21, 22, 23, 2014, for the Music Festival - Event Producer Scott Stoughton (Special Events Supervisor Danita Dempsey) Both Danita Dempsey, Special Events Supervisor, and Scott Stouhgton, Event Producer presented information about the February music and brews festival slated for February. Mayor Pro Tem Goulding opened the public hearing, no comments were made, the hearing was closed. Councilor Evans moved to approve the amplified sound permit application for WinterWonderGrass; Councilor Wolf seconded the motion and it passed unanimously by those present (Mayor Carroll and Councilor Dantas absent). Councilor Dave Dantas arrived at 5:25 pm. 4.2. Resolution No. 13-38, Series of 2013, Resolution Endorsing the West Slope Principles and Adopting the Eagle River Basin Principles for the Colorado Water Plan – Communication and Public Affairs Manager Diane Johnson (Mayor Pro Tem Todd Goulding) The Resolution was presented and commented on by both Town Engineer Justin Hildreth and ERWSD Communications & Public Affairs Manager Diane Johnson. It was noted that The Colorado Water Conservation Board has commenced work on drafting the Colorado Water Plan as stipulated by executive order from Governor Hickenlooper). The Plan will address the gap in water supply and water demand because Colorado’s population is expected to double by 2050. The draft Colorado Water Plan is to be completed by December 10, 2014, and the final document is to be completed by December 10, 2015. Councilor Wolf moved to approve Resolution No. 13-38, Series of 2013, Resolution Endorsing the West Slope Principles and Adopting the Eagle River Basin Principles for the Colorado Water Plan. Councilor Reynolds seconded the motion and it passed unanimously by those present (Mayor Carroll absent). 4.3. Resolution No. 13-39, Series of 2013, Resolution Committing an Additional $150,000 from the Town of Avon Affordable Housing Fund Balance, Subject to Annual Appropriation, to Augustana Care, a nonprofit 501(c)(3), for the Castle Peak Senior Care Community (Town Manager Virginia Egger) It was noted that Resolution 13-39 was prepared at Council’s direction to provide a funding commitment of $150,000 to Augustana Care, a nonprofit 501(c) (3), from the Affordable Housing Fund Balance, in support of the construction of the Castle Peak Senior Care Community. The Resolution states this $150,000 funding commitment and allows the Council in a future budget amendment or subsequent budget year(s) to provide the monies as a lump sum payment or in partial amounts. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.12.10 Minutes Page 2 Community members who spoke to encourage the Town Council to support the request included the following:  Eagle County commissioner Jill Ryan  Director of Development for Colorado for Augustana Care Lisa Pease  Jack Gardner & Greer Gardner, Avon residents Councilor Evans moved to approve Resolution No. 13-39, Series of 2013, Resolution Committing an Additional $150,000 from the Town of Avon Affordable Housing Fund Balance, Subject to Annual Appropriation, to Augustana Care, a nonprofit 501(c)(3), for the Castle Peak Senior Care Community. Councilor Reynolds seconded the motion Councilor. After some discussion about making multi year commitments and in an effort to fully support the request in 2014 so the project could move forward, Councilor Evans moved amend the motion to strike the second half of the sentence of #2, so as to remove “or in partial amounts in a subsequent budget year or years”. Councilor Reynolds seconded the motion. The motion and its amendment passed unanimously by those members present with a roll call vote (Mayor Carroll absent). 4.4. Resolution No. 13-40, Series of 2013, Resolution Accepting Four Parcels of Real Property from Tanavon Coporation and S&G Partnership (Senior Planner Matt Pielsticker) It was noted that Tanavon Corporation and S&G Partnership (Oscar Tang) recently offered to donate four undeveloped parcels in the Town of Avon to the Town for open space purposes. The parcels are described as follows and depicted in Exhibit A: 1. Lot 39, Block 1, Benchmark at Beaver Creek Subdivision – 2.81 acres 2. Tract A, Block 1, Benchmark at Beaver Creek Subdivision – 102.23 acres 3. Tract W, Block 1, Benchmark at Beaver Creek Subdivision – 6.12 acres 4. Tract K, Block 3, Benchmark at Beaver Creek Subdivision – 3.58 acres Tracts A, W, and Lot 39 are generally located along Metcalf Road between the West Avon Preserve and Mountain Star Open Space parcels. Tract W is near the West Beaver Creek Boulevard Bridge over the Eagle River, and the parcel is bisected by the river. Councilor Dantas moved to approve Resolution No. 13-40, Series of 2013, Resolution Accepting Four Parcels of Real Property from Tanavon Coporation and S&G Partnership. Councilor Evans seconded the motion and it passed unanimously by those members present with a roll call vote (Mayor Carroll absent). The Town Council expressed appreciation and gratitude to Eric Peterson representing the Tanavon Corporation and S&G Partnership for the donation of these parcels. Mayor Carroll arrived at this time. 4.5. PUBLIC HEARING on Second Reading of Ordinance 13-14, Series 2013, Ordinance Amending Titles 7, 8, and 15 of the Avon Municipal Code, including Definitions, Historic Preservation, Development Review Procedures, Mailed Notices, Appeals, Flood Damage Prevention, Wood Fireplaces, and Wildlife Enclosures (Senior Planner Matt Pielsticker) There was a review of the revisions made from the first reading as follows: 1) modifications to fireplace regulations allowing New Technology devices (EPA certified wood burning fireplaces) throughout Town, 2) did not include PZC language of permitting non-EPA certified wood fireplaces in elevations above 7,820, 3) removed requirement for an additional fee for a New Technology device, 4) allowed for use of pellet stoves throughout town. Additionally there were some additional modifications made to TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.12.10 Minutes Page 3 the Development Review Procedure Table, the Historic Preservation regulations, the Neighborhood Commercial zone district and the Light Industrial and Commercial Zone District. Mayor Pro Tem Goulding opened the hearing, no comments were heard, the hearing was closed. Councilor Evans moved to approve Ordinance 13-14, Series 2013, Ordinance Amending Titles 7, 8, and 15 of the Avon Municipal Code, including Definitions, Historic Preservation, Development Review Procedures, Mailed Notices, Appeals, Flood Damage Prevention, Wood Fireplaces, and Wildlife Enclosures on second reading. Councilor Fancher seconded the motion and it passed unanimously. INTRODUCTION OF EAGLE COUNTY SCHOOL SUPERINTENDENT DR. JASON GLASS Dr. Jason Glass introduced himself at this time with quick mention of his appreciation to them for service as elected officials and a plug on the School District’s new vision and direction in his report of “unparalleled altitude”. 4.6. Action on Intergovernmental Agreement with Eagle County for Geographic Information Services (GIS) (Senior Planner Matt Pielsticker) Councilor Evans moved to approve Intergovernmental Agreement with Eagle County for Geographic Information Services (GIS) with a term through December 2014 and Town Manager approval through 2015. Councilor Dantas seconded the motion and it passed unanimously. 4.7. Action on PowerPlan Corporation Software License Agreement (Finance Director Scott Wright) A brief review of the implementing the software was made providing details about its comprehensive solutions for budgeting, forecasting, long range planning, in-depth analysis and reporting functions. Mayor Pro Tem Goulding moved to approve the PowerPlan Corporation Software License Agreement; Councilor Fancher seconded the motion and it passed unanimously. 4.8. Resolution No. 13-36, Series of 2013, Resolution Levying General Property Taxes for the Year 2013, to help defray the costs of Government for the Town of Avon, Colorado, for the 2014 Budget Year (Budget Analyst Kelly Huitt) Mayor Pro Tem Goulding moved to approve Resolution No. 13-36, Series of 2013, Resolution Levying General Property Taxes for the Year 2013, to help defray the costs of Government for the Town of Avon, Colorado, for the 2014 Budget Year. Councilor Reynolds seconded the motion and it passed unanimously. 4.9. Resolution No. 13-37, Series of 2013, Resolution Levying General Property Taxes for the Year 2013, to help defray the costs of Government for the Town of Avon General Improvement District No. 1, Avon, Colorado for the 2014 Budget Year (Budget Analyst Kelly Huitt) Mayor Pro Tem Goulding moved to approve Resolution No. 13-37, Series of 2013, Resolution Levying General Property Taxes for the Year 2013, to help defray the costs of Government for the Town of Avon General Improvement District No. 1, Avon, Colorado for the 2014 Budget Year. Councilor Reynolds seconded the motion and it passed unanimously. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.12.10 Minutes Page 4 4.10. Minutes from November 26, 2013 Meeting (Town Clerk Patty McKenny) It was noted that the agenda identified December 10 minutes and it should have included the November 26 minutes. Mayor Pro Tem Goulding moved to approve the minutes from November 26, 2013; Councilor Evans seconded the motion and it passed unanimously. 5. WORK SESSION 5.1. Presentation by Vail Valley Mountain Bike Association on Trail Development and IMBA Ride Center Proposal (Jaime Malin, VVMBA) There were several members of the Association led by Jaime Malin to provide for an overview of the work on trails. Some items discussed included funding, action plans, coordination with town staff. plan of action, continued work on the West Avon Preserve parcel as they continue to look to developing mountain bike trails in A von and support getting Avon designated as an International Mountain Bike Assn’s Ride Center. Mayor Carroll thanked the group for all their efforts and noted the town’s continued support of their efforts. 5.2. Discussion of Review Process for the Town of Avon Residency Code and Ethics Code (Town Attorney Eric Heil) There was a review of the memo that addressed both the residency & the code of ethics topics highlighting the state statutes that addresses the topics as compared to the town’s code language. There was discussion that resulted in helping to identify the appropriate criteria with which to determine residency, as well as discussion about what to do when a member has lost residency within the town. There were comments about what criteria to keep on the list (ownership & leasehold interest in your residence) as well as some identification of what to remove from the list (business interest in Avon, employment, age, marital status). Suggested code changes would be draft by Town Attorney for an ordinance to be considered at January 2014 meeting. 5.3. Review of Options for Nottingham Park Stage Design (Town Engineer Justin Hildreth) A review of the stage options were reviewed per the council memo. It was noted that the first time it was reviewed and presented to Council was September, 2009. The memo included sketches for the park as well as stages which were constructed at other venues. The Town had documents prepared at 90% completed in August, 2010. The estimated cost was just under $600,000 and placed a 25’x35’ foot performance stage juxtaposed to the northeast wing of the existing Town Hall. Also included in the packet for consideration was a simpler and more likely interim bandstand/stage design that has been provided to Avon from Mr. Buddy Simms with the permission of Mr. Tab Bonidy, with a project cost of $153,000. The last option included photos from the Telluride Park Stage and the Minturn stage. The Telluride stage was constructed in in the early 1990’s and cost $75,000. Changes were made to the roof to improve sound quality over the next year. For the Minturn stage, no cost or use information was collected. It was noted that funding is available from Community Enhancement Funds ($330,000 - $533,000) and/or from Fund Balances in the General and Capital Funds which could cover the full cost of $600,000+. There are two key questions in regards to the stage development decision: 1) the location of a structure; and 2) the predominant uses, both of which have been studied by the Town (Location as 1) Near the Pumphouse, or 2) Northeast Wing at Town Hall and Uses as outlined in the memo). There was some Council discussion with a request to review the topic again in January 2014. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.12.10 Minutes Page 5 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1. UERWA Meeting Update (Town Engineer Justin Hildreth on behalf of Mayor Pro Tem Goulding) The update included comments about 1) rate increase estimates 2) future efforts to amend the water authority agreement to address what happens if a member entity leaves, 3) water storage efforts. 6.2. Eagle River Fire Protection District Task Force Meeting Update (Councilor Fancher, Councilor Reynolds) A meeting update was presented that addressed such topics as 1) sharing facilities, 2) the need to provide for more land and wildfire protection in Wildridge, 3) the need for staffing the station, and 4) storage of the ladder truck; more to come on their collaboration. 7. COUNCIL COMMENTS Councilor Wolf thanked the Vail Valley Foundation for a great Birds of Prey Ski Racing event, Channel 5 for their work at the town, Avon Elementary School Principal Melissa Ruanwold Thuan for her time at the school, and to town employee Jane Burden for her work in the Transit departments. 8. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) 8.1. Meet Pursuant to Colorado Revised Statute §24-6-402(4) (f) for the purpose of discussing personnel matters related to the annual performance review of the Town Manager 9. Action on Amendment to Town Manager Employment Agreement (Town Manager Virginia Egger) Items 8 and 9 were not considered at this time, but postponed to the next meeting. There being no further business to come before the Council, the regular meeting adjourned at 9 pm. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Village (at Avon) Settlement Update DATE: January 9, 2014 SUMMARY: This memorandum provides an update on the Village (at Avon) Settlement. Traer Creek adopted amendments to the Village (at Avon) Declarations last October and imposed the .75% Add-On Retail Sales Fee for transactions in the Village (at Avon) as of November 1, 2013. This week the Town received the first deposit of the Add-On Retail Sales Fee for November’s collections in the amount of $50,116.50. Traer Creek and the Upper Eagle River Water Authority have been working to finalize outstanding issues in the Water Storage Tank Agreement. At this time, the parties appear to be working towards a late March, 2014 bond closing to finalize the settlement. The next Telephone Status Conference with the Court is set for January 14, 2014 at 1:00 p.m. Judge Moorhead has resigned and the case has been assigned to the Judge Frederick W. Gannett. REQUESTED ACTION: None at this time. Thank you, Eric M EMORANDUM & PLANNING, LLC TOWN COUNCIL REPORT To: Mayor and Town Council From: Patty McKenny, Assistant Town Manager Date: January 6, 2014 Agenda Topic: Regular Meeting Schedule In an effort to set the 2014 Town Council meeting schedule, please find proposed regular meeting dates below that reflect the second and fourth Tuesdays of each month. The Town Council meeting schedule considerations included the bulleted items with suggested changes to the meetings dates as follows:  Two meeting dates could be cancelled due to conflicts with holidays and Avon events, July 8 (due to July 4th holiday and Salute to USA town event that all staff will be working, and December 23 due to the Christmas Holiday)  There are 4 months in 2014 that include five Tuesdays which means an extra week before the next meeting occurs; these months include April, July, September and December.  A review of the Eagle County School District’s school calendar and both winter & spring school breaks fall during 3rd week of February (17th through 21st) and April (14th through 18th), no suggestions were made to cancel any regular meeting dates.  Suggested dates have been provided for a 1) council retreat, 2) annual meeting with Commissioners, and 3) two meetings with Planning & Zoning Commission. The Town Council Retreat Agenda from last August has also been included as Attachment A to use in setting the agenda for a 2014 retreat. The Council may consider changing the meeting dates further after discussion next Tuesday. Once the schedule has been confirmed, the dates will be posted to the town’s website and three posting locations. 2014 Town Council Meeting Dates (the 2nd & 4th Tuesday) unless otherwise noted January 14, 2014 July 8, 2014 July includes 5 Tuesdays No meeting this date due to July 4th Holiday January 28, 2014 Possible Retreat Date July 22, 2014 February 11, 2014 Possible Retreat Date August 12, 2014 February 25, 2014 August 26, 2014 March 11, 2014 September 9, 2014 Sept includes 5 Tuesdays March 25, 2014 Tentative Meeting Date with Eagle County Commissioners September 23, 2014 April 8, 2014 April includes 5 Tuesdays October 14, 2014 April 22, 2014 October 28, 2014 May 13, 2014 November 11, 2014 May 27, 2014 Memorial Holiday Monday May 26 November 25, 2014 Swear In New Council Members June 10, 2014 Meet with Planning & Zoning Commission December 9, 2014 Dec includes 5 Tuesdays June 24, 2014 December 23, 2014 No meeting in observance of holidays TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 13, 2013 RETREAT BEGINS AT 9:00 AM – WALKING MOUNTAINS SCIENCE CENTER – LOWER LEVEL REGULAR MEETING BEGINS AT 5 PM AVON TOWN HALL, ONE LAKE STREET 2. Town Council Retreat Agenda 13 08 13 Page 1 PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM TODD GOULDING COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER, ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS. GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC. PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS. AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY. THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH. ______________________________________________________________________________________________________________ 9:00 A.M. TOWN COUNCIL RETREAT (MODERATOR: GREG MORRISON, THE MORRISON GROUP) 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. Six Month Review 3.1 Assessment and Critique of the Past Six Months – Accomplishments, Concerns, Relationships, Meeting Format 3.2 Length of Agendas 3.3 One Meeting/Two Meetings per Month 3.4 Verify Roles and Responsibilities: Council, Mayor, Mayor Pro-tem, Town Manager 3.5 Role and responsibility of subcommittees 3.6 Communication - Council to Council, Council to Manager, Council to Staff, Manager to Council, Staff to Council, Council to PZC 4. Avon in a Leadership Role 5. Review and Update of the 2013-14 Strategic Plan 6. 2014 Budget: Schedule and Approval Process 7. Avon Businesses – Council Calls to Thank Each Business 8. EXECUTIVE SESSION for Discussion of a Personnel Matter under C.R.S. §24-6-402(2) (F) Concerning Town Manager Performance Review. 2:00 P.M. ADJOURN (OR EARLIER) Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric Heil, Town Attorney RE: Avon Council meeting rules and procedures DATE: January 9, 2014 Summary: Section 5.1 of the Avon Charter states, “The Council shall determine the rules of procedure governing meetings.” To the best of my knowledge, Council has never adopted any rules for procedure for meetings. Reference has often been made to Robert’s Rules of Order; however, Robert’s Rules of Order has never been adopted by the Town. Robert’s Rules of Order are very extensive and suitable for national parliaments. Many municipalities adopt abbreviated Rules of Order (i.e. Bob’s Rules of Order). The Colorado Municipal League encourages the adoption of abbreviated Rules of Order. The presentation of draft Simplified Rules of Order has been a goal for several years but has been a low priority compared to other matters. The attached Draft Simplified Rules of Order was prepared last year. Many of the elements in this draft have been incorporated into Meeting Procedures adopted by the Avon Planning Commission last year. This Draft was prepared after reviewing sample meeting rules for other communities in Colorado and samples of simplified meeting rules and procedures from other states. Please note that many other abbreviated meeting rules and procedures are 10 to 30 pages long, so an effort was made to “extra simplify” these rules to the very basics. The attached Draft Simplified Rules of Order attempts to accomplish the following goals: • Provide a concise Rules of Order document, so that it is easy to understand and use by Council members and easy to understand by the general public. • Serve as an educational document on Council meeting procedures, particularly for new Council members. • Set forth basic standards of meeting conduct becoming of a public official. • Set forth basic rules for motions. • Set forth rules for Motions to Reconsider which addresses a vague and subtle area of local government law concerning the procedures and authority to reconsider and potentially change a Council vote on a matter. • Establish official meeting procedures for Avon without creating inappropriately formalistic procedures or interfering with the open and informal practice of Avon Town Council meetings. Please note that this draft requires only a majority vote on a Motion to “Call the Question” or end a debate whereas many Rules of Order require a super majority 2/3rds vote of the quorum present. The 28 day limit on a Motion to Reconsider is proposed for the purpose of finality and to coincide with the limitations to file a Rule 106 action on a Council decision. Requested Action: Council input and direction on meeting rules and procedures and the attached draft Simplified Rules of Order. Council should adopt any meeting rules and procedures by resolution for documentation purposes. Thanks, Eric ATTACHMENT: Attachment A: Draft Simplified Rules of Order M EMORANDUM & PLANNING, LLC DRAFT  SIMPLIFIED  RULES  OF  ORDER   Page  1  of  4     Avon Town Council Simplified Rules of Order Adopted ________________ These Simplified Rules of Order establish rules and procedures for Avon Town Council meetings. The intent is to set for 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 Town Clerk shall prepare meeting agendas based on direction from the Town Council and from the Town Manager with consultation from the Mayor. 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. ATTACHMENT A: Draft Simplified Rules of Order DRAFT  SIMPLIFIED  RULES  OF  ORDER   Page  2  of  4     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 be voted upon promptly or, if no action motion is pending, the Mayor shall proceed to the next agenda item. ATTACHMENT A: Draft Simplified Rules of Order DRAFT  SIMPLIFIED  RULES  OF  ORDER   Page  3  of  4     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 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 ATTACHMENT A: Draft Simplified Rules of Order DRAFT  SIMPLIFIED  RULES  OF  ORDER   Page  4  of  4     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. ATTACHMENT A: Draft Simplified Rules of Order Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Council and Management Authority for Contracts, Expenditures, Leases and Licenses DATE: January 8, 2014 Summary: This memorandum discusses delegation of authority to Management for executing contracts, expenditures, leases and licenses. The purpose of this memorandum is in part to review existing contract authority and the scope of agreements which the Town enters and to solicit Council direction, input and/or confirmation on policies and practices related to authority to execute contracts, leases, licenses and other agreement documents on behalf of the Town. General Authority: The Avon Charter, Sections 4.9, Colorado Revised Statutes, Title 31 Article 15, and other statutes sets forth authority for the Council to enter into contracts, approve expenditures, and execute leases, easements and license agreements. The Town Manager’s powers and duties are set forth in Avon Charter Section 8.3. The enumerated powers in Section 8.3 do not expressly include the authority to enter into contracts or sign other documents on behalf of the Town, but do include a the general authority of Council to prescribe duties, “. . . the Town Manager shall have the power and duty and be required to: (l) perform such other duties as may be . . . required of him or her by Council . . .” In the past, nearly all contracts and other agreement documents were referred to Council for approval. This requirement is not efficient for the volume of business which Avon conducts. Typically, the governing body in very small municipalities approve nearly all contracts and other agreement documents whereas in larger municipalities the Town Manager and town staff has a designated level of defined authority to enter into agreements on behalf of the Town. Over the last few years we have developed form documents with Council for Professional Service Agreements, Revocable License Agreements for the use of Town right-of- ways, and lease forms for the Avon Recreation Center. Other documents which have been used recently include festival agreements, temporary license agreements for the use of Town parking areas, and deposit agreements for financial security related to public improvements. With regard to agreements that involve expenditures and procurements, Town Council adopted Resolution 11-08 Authorizing the Town Manager to adopt a Procurement Policy in 2011 in response to federal requirements related to the Transit Facility grant funding. (See the attached March 15, 2011 memorandum for background). The 2011 Procurement Policy grants broad authority to the Town Manager to execute contracts, which is stated as follows: The Town Manager has the authority to sign contracts up to and including $100,000 and any contract identified in an approved budget. All procurements that are not presented in the annual budget to the Town Council during the initial budget can be presented throughout the year as either a budget amendment or separately, if necessary. Section 3-701 of the Town’s Procurement Policies authorizes the Town Attorney to promulgate policies concerning contract clauses. The specific contract clause topic areas in Section 3-701 are addressed in M EMORANDUM & PLANNING, LLC Avon Town Council Delegation of Contract Authority January 8, 2014 Page 2 of 3 the Town’s form Professional Services Agreement as well as in the form of public works construction contract that we have used in the past. Additional safeguards for administrative contracts can include: 1. Limiting contractual expenditures to amounts appropriated in budgets. 2. Requiring any contract longer than 1 year to be subject to annual budget and appropriation. 3. Including a provision to allow the Town to terminate without cause (often, we include the right of the Town to cancel a contract with 30 days notice; however, depending upon the nature of the agreement, some contracts are drafted to allow the Town to cancel immediately and other contracts include 60 or 90 days prior notice to terminate without cause). 4. Including a clause that limits the Town’s monetary liability to the contract amount and expressly disallows claims of consequential, indirect or punitive damages. 5. Including a clause that states that Town does not waive any sovereign immunity defense. 6. Including other municipal specific provisions that address affirmative action, employment with illegal aliens, and ownership of documents. As a general legal guideline, contracts which are acceptable for administrative execution include (1) contracts for amounts under $100,000, (2) which reflect expenditures contemplated in the adopted budget, (3) do not create multi-year fiscal obligations, and (4) do not have any significant potential to create liabilities for the Town in excess of the contract amount. Such guidelines can also include intergovernmental agreements that are for annual terms. Contracts to Provide Services: Council in the past has approved the form of a vehicle maintenance service agreement which has then been used for the numerous third parties that use the Town’s facilities for vehicle maintenance. Agreements to provide services do not fall under the Procurement Code policies. Revocable License Agreements: The Town often uses a Revocable License Agreement to allow the use of, or encroachment upon, a Town right-of-way with terms that allow the Town to revoke the license at any time and which require the Licensee to provide insurance and agree to bear the costs of removal of such improvements (examples include the Northside Cafe parking lot encroachment, a connection pedestrian path from Lakeside into Nottingham Park, and the recent landscaping/retaining wall improvement on Hurd Lane by Hoffman Properties). The Town has established a form Revocable License Agreement that we have used over the last several years. The form Revocable License Agreement generally protects the Town. As a general guideline, I would suggest that encroachments which do not adversely affect existing pedestrian and recreation routes, do not include encroachments into vehicle right-of-ways, and do not restrict the Town’s ability to revoke the license to a period greater than one year are acceptable for administrative approval. This approach can also be used for temporary license agreement use of Town parking areas. Leases: Generally, Town Council approval is required to lease Town facilities or portions of Town buildings. The Town has entered into leases with private entities to use portions of the Avon Recreation Center. Several years ago the Town Council approved a lease agreement form which could be used for additional lease agreements at the Avon Recreation Center without further Council approval. Council consideration is requested on whether general leasing authority may be delegated for lease terms not to Avon Town Council Delegation of Contract Authority January 8, 2014 Page 3 of 3 exceed 1 or 2 years provided that Council is first notified by Town staff of intent to lease a Town facility or portion thereof. Requested Action: Council consideration and direction is requested for guidance on the delegation of contracting authority to the Town Manager and Avon Town Staff under supervision of the Town Manager. Administrative authority to approve contracts and other agreement documents administratively improves the efficiency and minimizes delay in conducting Town business; however, such delegation of authority diminishes Town Council oversight and has the potential to create liabilities for the Town without direct Council action. Thank you, Eric ATTACHMENTS: March 15, 2011 memorandum regarding Resolution 11-08 Authorizing the Town Manager to Adopt a Procurement Policy. ATTACHMENT A: March 15, 2011 Memorandum ATTACHMENT A: March 15, 2011 Memorandum TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll & Avon Town Council From: Virginia Egger, Town Manager Date: January 7, 2014 Agenda Topic: Staff Special Topic Presentations Councilor Todd Goulding has recommended, as time allows on Council agendas, that staff provide presentations on some aspect of their work to better inform the Council on Town programs or services and to have an opportunity to interface with staff outside of regular business of Town Council meeting actions. We would like to begin the presentation program the first meeting in February and thought at Tuesday’s meeting, we could get feedback from Council on the initial subject recommendations as listed below. We welcome other topics or other ideas, which each of you would find informative, in these presentations. I look forward to the discussion. STAFF PRESENTATION TOPICS Laserfiche – Going Electronic The filing and finding of Town documents and direct public access. Street and Path Pavement Assessment Quantifying street and path condition and improvement programming for a 20-year life cycle Budget Management Software Demonstration of the reporting and analytical capacity of new finance software. MUNIRevs Online Sales Tax Filing and Tourism Tracker Demonstration of the new online sales tax filing and economic data gathering system. Police Officer Daily Route Patrol Deciding which streets to drive and the use of performance metrics to determine the effectiveness of patrol duties. Managing the Queue The art of vehicle and equipment repair when all vehicles are needed now: From fire trucks to buses to snowplows. Wellness Program Review of components that makeup the Town’s program to get “healthy & fit” TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Justin Hildreth, Town Engineer Date: January 8, 2014 Agenda Topic: Update on US Highway 6 Shoulder Widening as part of 2014 CDOT Asphalt Overlay On April 23, 2013, Town Council approved a $50,000 contribution to widen the shoulders along US Highway 6 to 4-feet in conjunction with the planned asphalt overlay of the highway in 2014. The contribution is a partnership with other local governmental entities including Eagle County and Edwards Community Authority. The extent of the asphalt overlay and shoulder widening is from Avon Road to Squaw Creek Road in Edwards. The project is on schedule to be completed in 2014 and during the design process it became apparent that there are three sections where the geographic terrain make it cost prohibitive (in excess of $500,000 for each segment) to widen the shoulders to 4-feet. The three sections where it is cost- prohibitive to widen the shoulders are: 1. Prater Road to the Riverside Apartment Complex: For approximately 600-LF of roadway the existing shoulders are 1-2' wide, and will be increased 2.5' on the south side of the road, and not widened on the north side. 2. Arrowgrass Road Intersection: For approximately 900-LF of roadway the existing shoulders are 0-1' wide, and will be increased to 2.5' wide with the proposed improvements. 3. South Shoulder Lake Creek Intersection: For approximately 400-LF of roadway the existing shoulders are around 0.5-1' wide, and will be increased to 3' with the proposed improvements. Staff Recommendation Staff does not recommend increasing the contribution in order to widen US Highway 6 in these locations because it is cost-prohibitive. If there is a reduction in the required contribution because of the decrease in shoulder widening, it will be reduced proportionally amongst the contributing government entities.