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TC Council Packet 02-11-2003STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD FEBRUARY 11, 2003, AT 2:15 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 2:00 PM 2:45 PM 1) Council Committee Updates a. Economic Development b. Community Development 2:45 PM - 3:15 PM 2) Recreation Department Report (Meryl Jacobs) 3:15 PM - 3:45 PM 3) Vision, Mission & Values Discussion 4) Non Profit Funding Requests 3:45 PM - 4:00 PM Vail Valley Foundation (Kurt Krieg) 4:00 PM - 4:15 PM Vail Valley Chamber & Tourism Bureau (Steve Pope) 4:15 PM - 4:30 PM Bravo! Vail Valley Music Festival (Jeanne Reid) 4:30 PM 4:45 PM Colorado West Recovery Center (Diane Schlough) 4:45 PM - 5:00 PM Vail International Hockey (Louise Funk) 5:00 PM - 5:25 PM 5) Staff Updates a. Buck Creek Drainage (Norm Wood) b. EagleBend Water Issue (John Dunn) c. Magnesium Chloride Discussion (Bob Reed) d. Community Picnic (Jacquie Halbumt) Council Questions Consent Agenda Questions AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO "?c BY: I 4KY att McKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 7, 2003: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY Avon Council Meeting.2.11.03 Memo To: Thru: From: Date: Honorable Mayor and Town Council Larry Brooks, Town Manager Meryl Jacobs, Director of Recre W?'Z February 6, 2003 Re: Rate Structure for Avon, Silverthorne & Breckenridge Recreation Centers Summary: Attached are the various rate structures for Avon, Silverthorne and Breckenridge Recreation facilities. Staff believes it will be helpful for council to have this information in advance of our presentation on the February 11 tt, RESIDENT JAY 0 N CO L O A A Da RECREATION CENTER 325 BENCHMARK ROAD, AVON CO PHONE: 748.4060 FAX: 949.0160 PASSES NON-RESIDENT 73a ily Monthly ; Six Yearly PASS RATES Daily Monthly Six ; Yearly Month Month ; $10.00 $42 ! $209 $375 Adult (Ages 18-59) _ $10.00 $59 $296 $529 9 0 $7 22 i $99 . _ 28? $ outh (Ages 3-17) $7.00 ti$31 $141 $252 8 .00 2 9 9 S enior (Ages 60 + M 8 00 $40 $197 $352 FN/A _- ?. $77 I. - -$382 i $688 _. ...... .._.. _Family._ L._ N!A_.. i $1,09 ?. $539 $972 PUNCHCARDS 5 - Punch 10 - Punch 25 Punch Avon Resident ? L Non-Resident.. ?$29 . .$40 ?- $46 ?- ..$64 _ $96 $136 Corporate Avon Resident ? 28 ___$ .... _. _ 44 ,____._._ _ _$92 FCo`rporate Non-Resident ... 39 $ --- $131__. Membership and daily fees include use of the Recreation Center and Aerobics. Childcare and fee-based Programs are additional. Towel Rental: $2.00 Photo ID Replacement: $1.00 DEFINITIONS: Fee schedule is subject to change at any time. * Family: A married couple or individual with dependent children under the age of 18 living in the household. **Avon Resident: A person living or owning real property within the corporate boundary of the Town of Avon. To receive the resident rate, person must show proof of a physical address in the Town of Avon at the time of purchase and for renewals in the form of: (1) Voter registration card (2) Lease (3) Driver's License (4) Real property tax receipt. *Avon PO Boxes are not considered proof of residency. * CHILDCARE: RATES: 5.00 per hour per child $2.50 per half hour per child $35.00 for 10 hour punch card ($3.50 HOURS MORNING EVENING MONDAY 9:00 A.M 1:00 P.M. 4 OOP.M 7:00 P.M. TUESDAY 9:00 A.M. - 1:00 P.M. 4.6OP.M. -7:00 P.M. WEDNESDAY 9:00 A.M 1:00 P.M. ( 4 OOP.M. -7:00 P.M. THURSDAY _ _ 9:00 A.M. - 1:00 P.M. CLOSED FR IDA Y 9:00 A.M. - 1:00 P.M. CLOSED SATURDAY 9:00 A.M. - 12:30 P.M. .,_.__ _. _.... CLOSED ;SUNDAY CLOSED CLOSED Childcare accepts children age 6 mos. to 8 yrs. Parent/Guardian must remain in the building. GENERAL BUILDING INFORMATION: The Avon Recreation Center is approximately 40,000 square feet. The Aquatics Area is approximately 15,000 square feet and includes a 25 yard lap pool, a diving pool with a 2/3 meter board, a leisure pool with fountains, sprays, bubblers, a kid's slide, and a 140 foot long water slide which empties into a splash down area and is surrounded by a jet-propelled lazy river. Also included is a co-ed steam room, sauna, and 16-person Jacuzzi. The lap pool is heated to an average of 81 degrees, the leisure pools average 90 degrees and the Jacuzzi averages 104 degrees. All pools use chlorine and LIV disinfections. The Jacuzzi uses hydrogen peroxide and LIV disinfect ion. The water slide and features are turned on at 11 am and off at 9 pm. Lifeguards are on duty during all pool hours. Fitness programs and other classes are offered in our spacious aerobics studio with a cushioned hardwood floor and state-of-the-art sound system. The fitness conditioning area has CYBEX Selectorized Strength Training Stations, dumbbell weights up to 100 lbs., a smith machine, a weight assisted chin/dip machine, high/low - cable cross machine, abdominal/ back benches, and a host of cardio equipment listed as follows: 7 Star Trac treadmills, 8 Stepper's, 4 recumbent bikes, 7 upright bikes, 2 Concept II rowers, 1 XL 100 Cross-trainer and two elliptical walkers. There is also Cardio Theater (bring your own headphones or purchase for $5) with 8 TV's, 2 FM stations, a cassette and CD player available for your workout pleasure. RECREATION CENTER GUIDELINES: • Passes are non-refundable and non-transferable. • Pass holders are entitled to unlimited use of all general admission facilities. • Passes may be revoked or suspended if a violation of any Recreation Center Policy is determined. • Smoking and tobacco of any kind, alcoholic beverages, and chewing gum are not permitted within the Recreation Center. Food and • drink are permitted only in designated areas. • Childcare is provided for paying facility visitors only. Parents must remain on premise. • Children 8 and under must be accompanied by a paving Guest who is 13 years or older. This Quest must actively supervise the child and may be required to wear appropriate swim attire. • A non-swimming parent/guardian who wishes to accompany their child who is 9 or over, will not be charged admission to enter into the aquatics area. • Children 6 years and older must use the family change room or appropriate locker room. • The fitness area is available to anyone 15 years of age and older. Those 15-17 years of age must complete a weight room/equipment orientation with a weight room attendant. • Infants and toddlers must wear diapers with rubber pants, or a swim diaper in the pool facility. • Bicycles, skateboards, or in-line skates are not permitted inside Recreation Center. • Fliers and posters shall be displayed in designated areas only. Pets are not allowed within the Recreation Center with the exception of seeing-eye dogs. Absolutely no refunds will be -granted after the second activity period. A Processing Fee will be deducted from all refunds. Refunds may be obtained by submitting your registration receipt to the Recreation Department Refund checks will be mailed to you within 21 days. Fourth of July CLOSED Christmas Eve 6:00 A.M. - 3:00 P.M. Thanksgiving Day r--- - CLOSED New Years Eve 6:00 A.M. - 3:00 P.M. Christmas Eve CLOSED New Years Day iLL12 NOON - 9 P M The Recreation Center will also be closed in the spring and fall for cleaning and repairs, call 748-4060 for dates. REGULAR HOURS Monda thru Friday 6:00 a.m until 9:00 P.M. Saturday and Sunday until 9:00 p.m. POOL FEATURES OPEN AT 11:00 A.M. DAILY 207 A9FF,ES` Children r & Under) - T=REE Children -11 .(4 ) $5 Youth (1'2 . 17) - $6.50` Adults 08 & older) - $8.50 Silverrhorne Seniors .(70, & Older) - FREE„ Daily fees Indu6-_ drop-in chases fadfty uses :. ME341BERSHIP FW ; ONE-MONTH' FAMILY PASS. AARENTS 6''EpENDENTS 23 YEARS ?i Y00,6,;A -' . N_Qa:jKeAde/ 14mmit till Childt/lbuth----'_ $47.50 $25 $19:5(1. Adult $61 $4350 $32.50 Family $94.50 $92 $70.50':. Senior (60+) $35 $26 SMMONTH FAMILY PASS: PARENTS/DEPENDrWs 23 YEAR5 6c YOUNGER) . Child/Youth $159 $125 $92 Adult' $333 $216.50 $162 Family $484.50 $449 $341 Senior (60+) $177.50 $131 ANNUAL FAMILY PASS: PARENTS/DEPENDENTS 23 YEARS & YOUNGER Id/Youth $220.50 $216.50 $167.50 Ilt $376 $344 $270.50 lily $748 $711 $557 for (60+) $290 S222 THRF>` MONTH BUDDY PASS (2 People); MLSf BUY TOGEEHEP,, M f f IN WOE TOQM, BE N SAME A6E GPUJP . 'ouch $232 $100 $70 $315-50 $210 $140 (60+) $169 $'120 SIX-MONTH BUDDY PASS (2 People) MU5T BUY T015-nHER, U W IN SAME TMN. HE IN SaMi AGk C,t?lJUP' Child/Youth $285 $200 $130 AduAt $608 $400 $271 . Seniflr (60+) $325 $230'• SIL.VERTHORNE 15-VISIT PUNCH PASS.. Child $52 $45 $.40. Youth $67 $57 $52 Adult $102 $90 $85" SUMMIT 15-1lISIT PUNCH PASS SILVERTHORNE RkKKFNR.IEXH Child- $55 ;' S`out $70 Adult $105 i lOURS OF OPERATION POOLS CLOSE NIGHTLY AT8:30PM':' ........................................ Marrday-Friday Christmas Day: ' 6:OOam-9:OOpm Pool: 6-00am-8:30pm Saturday 7.00am-9: 00pm Pool: 9:00am-8:30pnt da $.40am-9:00pm ;',, .[?ool: 9:OOarn-8:3Opm' ?D?USTIa!? ?iOURS Christmas' Eve, 6:00am-6,.00pm-. New Year's Eve' 6:00ant-6:00pf T...:'. New Year's. Day:' Easter. Sunday--:.. 10.00 6 Qtlp 4M Miscellaneous Fees: Racquetball: $2/person/hour plus daily admission Racquetball Punch Pass: 15-Play - $22 Wallyball: $6/court/hour plus daily fee Long Term Lockers: $9/month; $45/6-month; $80/year Showers: $4/person Towel Rental: $1.25 Are You a Permanent Resident? If you show onPg Following _v Alid ID's you will receive $1 off the daily admission rate. 1. Colorado Drivers License w/Summit County physical address 2. Summit County School District 1D 3. State issued ID w/Summit County physical address Are you Purchasing or Renewing your pass? In order to receive residency discounts, you must provide 1 of the following: 1. Colorado Drivers License w/Summit County physical address 2. Colorado ID card w/Summit County physical address 3. Utility bill with Summit County physical address 4. Lease with Summit County physical address 5. Deed to home in Summit County 6. Summit County Property Tax receipt Residents of Wildernest, Ptarmigan, South Forty, Hamilton Creek, Ruby Ranch, and other un-incorporated areas of Silverthorne will receive `SUMMIT- rates. ... TKE SIC1lERTHORNE RECREATION CENTER VILL CLOSE THE AQUATICS AREA FOR ANNUAL MAINTENANCE & "DOGGY DAY" MAY 4 MAY 17, 2003 Dec-18-2002 01:55pm From-TOWN OF BRECKENRIDGE RECREATION CENTER 9704538890 T-788 P.002/002 F-363 Poiec,?,.inrj Fees and PAcies . .';(970)?453?1734. Daily Admission Adult (18-59) $10.00 Youth (13-17) 6-00 Child (3-12) 5.00 Senior (60+) 6.00 Last Hr (9- t Opm) 5.00 Towel Rental 1.00 25 Punch Individual Pass; esident Worker Base Adult $108.00 $115.00 $122.(: Youth 66.00 70-00 74.1 Child 50.00 53.00 56.1 Senior 66,00 70.00 74.1,. Expires I year from date of purchase. One Month J, ;iss esident Worker Base Adult $38.00 $42.50 '47.00 Couple 68.00 76.00 84.00 Youth 23-00 25.50 28.00 Dependent 8.00 8.00 8.00 Senior 23.00 25.50 28.00 Family 83.00 91.00 99.00 Tri Winter Rec Pass Visit Elie Ice Rink, Nordic and Recreation Center three times each. tour-pack $95 Single $40 Expires one week from purchase. Four-pick expire simultaneously. Available 11/15/02-3/15/03. Summit 15 Punch Pass Adult $95 Youth $68 Child $51 For Summit County Residents: the only pass valid at both the Silverthorne and Breckenridge Recreation Centers. Expires l year from date of purchase. Six Month Pass Resident Worker Base S190.00 $212,00 $234.00 341.00 381.00 421.00 116.00 128.50 141.00 38.00 38,00 38.00 116.00 128.50 141.00 416.00 456.00 496.00 RESIDENCY QUALIFICATIONS Dozen Days Pass 12 nduh or 24 Child Sharable Membership $75 Expires 6 months from elate of purchase. Available 11/1/02-3/15/03 Add-ons Nordic: $15/season (w/6mo.or yearly roc center pass) Tennis: $30/month(in/outside use) Towel: $12/month (One per visit) Must run concurrently with monthly pass type. One Year Pass Resident Worker Base $342.00 $382-00 $423-00 612.00 684.00 756.00 207.00 229.50 252.00 68.00 68.00 68.00 207.00 229.50 252.00 747,00 820,00 893.00 RESIDENT any person living! in or owning residential property within the corporate boundary of Breckenridge. Proof of resider: ;/ is required in the written form of a property tax receipt, property decd, lease, driver's license, utility t., i I1 with pass purchaser's name and physical address printed on it or affidavit. WORKER any person who v w rks for a business with a current Breckenridge Occupational Licensing Tax (BOLT) license. Proof of woA.,,;r status is required in the form of pay stub or business card with Breckenridge business name and address printed on it or a letter from employer on company letterhead. BASE any person that does n':1 i qualify for resident or worker status. Explanation of Passes All passes are not sharable and non-rcfm lablc, except the dozen days, which is sharable, but not refundable. Daily General Admission includes use t';.,ll recreation center facilities except tennis courts, climbing wall, fee-based classes, wid services. Couplu is two Iegnlly married adults, h;unily is two legally married persons and up to two dependent children. Dependent is any person 18 years or y, Unger and who qualifies as a dependent pursuant to ILLS. Dependent passes can only,be purchased when an adult, senior or family pass is also pl.l chased and must run concurrently with this pass. What pass should you buy,' First, decide how many times ym will visit the facility. If you come in twice a week or more, ,qtr: best value will be a yearly, six-month or monthly pass. If you come in twice a month over the, , m.Irsc of a year, your best value is the 25-punch card, If you andlor your group use the facilil :a, times over the course of six months the dozen days sharable pass is your best value. Monday-Friday Saturday November 28 Daily Hours Holiday Hours day December 24 Gam- J Opm November 28 lam- I ?Ipln Sam;( ()pm December 25 8 am-4prn Gam-6pm Closed December 31 6am-8pm January I 10am-6pm Memo To: Honorable Mayor and Town Council From: Patty McKenny, Town Clerk Date: February 6, 2003 Re: "Working Draft" Attachment regarding Vision & Mission Summary: Attached is a revised copy of the "working draft" submitted by Councilor Wolfe that addresses the development of the vision & mission statements to be discussed at the next work session. WORKING DRAFT Avon Vision Development Project: What is a Vision Statement And Why Would It Be Useful? A vision statement encompasses the identity, goals, values and reason for bring of an entity ...in this case the Town of Avon. It serves as a "gold standard" against which we will test out thoughts and actions. The Vision may be short or long with the first sentences capturing the essence of the Vision with sequent statements detailing what is meant. The process of developing a vision is a big part of its benefit because the process requires that we identify all of the parameters our dimensions about which we have options and need to take a position on. Corporations frequently use vision statements to get all stakeholders on to the same track. Steps of the Process: An iterative process roughly following this sequence: 1. Appoint an Ad Hoc Committee to develop proposed vision statement 2. Public forums held to explain process, the vision statement and rationale for each element; solicit public ideas and reactions; make any needed improvements and revisions. 3. Committee drafts the various stages of the development of the Vision Statement and gets preliminary public input and prepares reviews for Council 4. Review and input by Council; revised draft prepared 5. Council review of final proposal and decision to adopt or not It is key that the Council bee kept in the loop continuously to help guide the evolution of the project. Process Details Many corporate quests for a vision statement are very long, painful, frustrating and unsuccessful. Input from a wide range of stakeholders is needed but can be overdone. Vision is set by the leaders of the Town ...both elected and those that shape the Town by virtue of public involvement or business activities. If the vision is correct, we should get good understanding and buy-in by the public. (a) Committee: Proposed membership is Jacquie, Larry, Ruth, Norm, Chris Evans, Brian Sipes, Ron Wolfe (I volunteer to facilitate and coach this project) plus a few community/business leaders. Ideally I'd like to have people who ran for Council participate with one of them being Chair of the group (b) Process: There will be many iterations of this concept throughout the project and the various presentations and reviews. The process would be.... 1. Develop a list of dimensions or parameters that can define the Town. Examples: What kind of town are we? ...modern, urban, rural, quaint, industrial, etc. What do we focus on? ...outdoor recreation, commerce, etc. What do we value? ...citizen participation, environment, open space, individual autonomy, etc. What architectural style do we emphasize? ...varied and practical, quaint European, techie, etc. What do we deliver as our bottom line? ...we provide the larger community with ..... 2. Committee establishes a rationale for each parameter, decides which should be included in the Vision Statement and which should not. Reasoning for inclusions and exclusions are documented. 3. Parameters to be included in the Vision Statement are next explored individually and possible positions for each are developed and evaluated. A decision is made on the position to adopt and the Vision Statement is put together for the next steps. 4. All presentations and reviews follow pretty much the same approach. First the reasons for developing a Vision Statement have to be explained and the value of this project made clear. The process is explained and the alternatives considered and positions adopted are presented and substantiated. reactions and ideas are captured, commented on and later considered for inclusion. Public forums should be used and we can consider a process using our web site as well 5. Council adopts an acceptable final Vision Example Here is a simplified example of what the process could yield ... --What kind of a town are we? "Avon is a modern mountain town..." --What do we focus on? "Avon is a modern mountain town emphasizing (focused on, built on, etc.) winter and summer outdoor recreation and sports. --What do we provide? "Avon is a modern mountain town emphasizing winter and summer outdoor recreation and sports. People come here to visit and to live because of these recreational opportunities, the natural beautv of our area and the quality of life possible in Avon. We offer a wide range of quest accommodations, housing, seasonal and career employment opportunities, recreational activities, shopping and entertainment. Our architecture is varied, practical and efficient for its intended purpose." --What do we value? "Avon is a modern mountain town emphasizing winter and summer outdoor recreation and sports. People come here to visit and to live because of these recreational opportunities, the natural beauty of our area and the quality of life possible in Avon. We offer a wide range of guest accommodations, housing, seasonal and career employment opportunities, recreational activities, shopping and entertainment. Our architecture is varied, practical and efficient for its intended purpose. We seek out input from residents and business regarding the management and evolution of our town. We value our western heritage and work to preserve it. Avon is a responsible steward of our environment. Open space is also of great value to Avon and we set aside parcels as part of every annexation and development." --What is our bottom-line? "Avon is a modern mountain town emphasizing winter and summer outdoor recreation and sports. People come here to visit and to live because of these recreational opportunities, the natural beauty of our area and the quality of life possible in Avon. We offer a wide range of guest accommodations, housing, seasonal and career employment opportunities, recreational activities, shopping and entertainment. Our architecture is varied, practical and efficient for its intended purpose. We seek out input from residents and business regarding the management and evolution of our town. We value our western heritage and work to preserve it. Avon is a responsible steward of our environment. Open space is also of great value to Avon and we set aside parcels as part of every annexation and development. Thus, Avon is the premier mountain town for men and women to visit, live, work, shop and play in." Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager ! 7 From: Norman Wood, Town Engineer Date: February 6, 2003 Re: Buck Creek Drainage Improvements Project (I-70 to Eagle River) Estimated Project Costs -Project Budget Summary: The current approved 5-Year Capital Improvements Fund Budget includes $75,000 in 2002 and $794,000 in 2003, or $869,000 for this project. Based upon the attached current preliminary cost estimate submitted by Inter-Mountain Engineering, the total estimated project cost is summarized as follows: Construction $1,057,408 Engineering (Design) $ 118,500 Easement (Surveys) $ 16,500 Easement (Appraisals) $ 12,500 Easement (Acquisition) $ 45,000 Legal $ 15,000 Permits & Fees $ 12,500 Contract Administration $ 10,000 Testing Services $ 5,000 Contingencies @ 20 % $ 258,482 Total Estimated Project Cost $1 ,550,890 The original project budget was based upon a conceptual design and cost estimates developed in 2000. Final design details include modifications to the original concept design such as the installation of dual 64"x43" arch pipes across Nottingham Park to accommodate future implementation of the Town Center Plan and curb, gutter, sidewalk and median installation have been added on West Beaver Boulevard to coordinate and address street configuration issues with the proposed storm water improvements. Also, the original concept design did not anticipate the requirement for easements outside the existing easements and Town owned property. I:\Engineering\CIP\stormwater-Buck Creek`3.0 Design\3.4 Documentation`3.4.2 Cost Estimates\Cost Est Memo-I.Doc We do not recommend a budget amendment at this time, but do recommend that a budget amendment be considered after construction bids are received. It should be possible to develop a relatively precise budget with a significantly lower percentage allowed for contingencies at that time. This project is funded by the transfer of funds from the Water Fund to the Capital Improvement Fund and consequently the anticipated additional costs do not affect either the General Fund or the Capital Improvement Fund. If final costs should coincide with this projected cost estimate the projected 2003 Water Fund Balance would be reduced from $1,621,174 to $ 939,284. We recommend proceeding with interim project steps such as easement appraisals and acquisition, permitting and construction bidding with final project and budget decisions following receipt of construction bids. A proposal from Valuation Consultants, Inc. for appraisal services is included under the Consent Agenda. Town Manager Comments: 0 Page 2 PRELIM INARYCONSTRUCTION COST ESTIMATE BUCK CREEK DRAINAGE IMPROVEMENTS QUANTITY UNIT UNIT TOTAL PRICE COST 1.0 GENERAL 1.1 Mobilization 1 L.S. $100,000.00 $100,000.00 1.2 Survey / Staking 1 L.S. $50,000.00 $50,000.00 1.3 Orange Safety Fence 3875 L.F. $2.50 $9,687.50 1.4 Split rail fence 50 L.F. $50.00 $2,500.00 1.5 Union Pacific Railroad Company Costs: a. Flagmen per 8 hours in 8 hr increments only 5 EACH $500.00 $2,500.00 b. $6,000,000 Aggregate RR protective insurance 1 L. S. $5,000.00 $5,000.00 c. $2,000,000 per Accident insurance 1 L.S. $2,500.00 $2,500.00 1.6 Clean 84" CMP 1 L.S. $1,800.00 $1,800.00 2.0 DEWATERING 2.1 Use existing diversion structure near SE corner of 21 Days $480.00 $10,080.00 lot 41 to divert flows from channel adjacent to lot 46. Pump nuisance flows upstream as necessary 2.2 Install temporary coffer dam northeast of culverts 21 Days $1,200.00 $25,200.00 below West Beaver Creek Blvd. Lay pipe and pump 15 cfs (2-yr event) - 40 cfs (10-yr event) to existing storm sewer (approx. 400 I.f. away) 2.3 Install temporary coffer dam between wingwalls 21 Days $1,200.00 $25,200.00 S of 1-70. Lay pipe and pump 15 to 40 cfs to 48" culverts below West Beaver Creek Blvd. (approx 400 I.f. away) 2.4 Removal of temporary cofferdams, pumps and pipe 2 L.S. $1,300.00 $2,600.00 3.0 DEMOLITION 3.1 Demolition and disposal of existing diversion 1 L.S. $1,500.00 $1,500.00 structure near SE corner of lot 41 3.2 Remove existing 24" pipe and fittings and 30" pipe 1 L.S. $600.00 $600.00 from diversion structure to behing new wall. Plug and abandon existing 30" pipe 3.3 Remove existing 6" storm sewer near Comfort Inn 42 L. F. $12.00 $504.00 and outlet through new wall 3.4 Remove and replace existing wire or chain link 90 L. F. $40.00 $3,600.00 3.5 Remove and reconstruct existing wood fence 42 L. F. $60.00 $2,520.00 3.6 Remove and replace existing split rail fence 75 L. F. $40.00 $3,000.00 3.7 Sawcut existing asphalt 750 L. F.. $2.50 $1,875.00 3.8 Remove and dispose of exisiting asphalt 198 S.Y. $4.50 $891.00 3.9 Sawcut, remove & dispose of existing curb, 40 L. F. $7.20 $288.00 gutter and sidewalk 3.10 Remove existing rip-rap north of fire station 162 S.Y. $7.50 $1,215.00 3.11 Remove and replace type 3 guard rail either side of 165 L. F. $40.00 $6,600.00 West Beaver Creek Blvd. 3.12 Remove and re-place existing boulders 16 EACH $250.00 $4,000.00 3.13 Remove existing rock wall 2 L.S. $750.00 $1,500.00 3.14 Remove existing trees 34 EACH $1,000.00 $34,000.00 3.15 Cut and remove existing 64"x43" CMP Arch 4 L. F. $25.00 $100.00 3.16 Cut and remove existing 18" CMP, plug remaining 12 L. F. $35.00 $420.00 Preliminary Construction Cost Estimate 1/17/03 3.17 Remove existing 24" CMP diversion to lake 3.18 Cut and remove existing 66"x51" CMP Arch 3.19 Cut and Remove existing 48" CMP 4.0 EARTHWORK, WALLS & EROSION CONTROL 4.1 Pothole to locate existing utilities 4.2 Wetland soil stripping, stockpiling and re-placing 4.3 Topsoil stripping, stockpiling and re-placing 4.4 Unclassified Excavation 4.5 In-Place Embankment 4.6 Export and dispose of excess material (off site in location determined by contractor) 4.6 Site Grading 4.7 Concrete Retaining Wall 4.8 Boulder Retaining Walls (4' max) 4.9 Boulder Inlet and Outlet Headwalls (height > 4') 4.10 Rip-Rap 4.11 Geotextile fabric under rip-rap 4.12 Straw bale inlet and channel protection 4.13 Permanent erosion control fabric 4.14 Re-vegetation of disturbed areas (seed, mulch, fertilizer and water) 5.0 LANDSCAPING 5.1 Sod (in Park) w/ soil prep & irrigation 5.2 Repair disturbed landscaped areas 5.3 Transplant existing trees and shrubs 5.4 Deciduous Shrubs 5 Gal. 5.5 Evergreen Shrubs 5 Gal. 5.6 Colorado Spruce, 12 ht. 5.7 Cottonwood 5.8 Aspen, 3" - Cal 5.9 New landscape boulders 6.0 DRAINAGE 6.1 48" CMP 6.2 48" FES 6.3 48" Safety End Treatment 6.4 48"x.75" Permalok pipe (Bored under RR tracks) 6.5 64"x43" CMP Arch 6.6 54" CM P 6.7 36.25"x22.5" RCP Arch 6.8 66"x51" Safety End Treatment 6.9 Manholes (90" dia) a. 8' deep b. 14' deep c. 17' deep 6.10 Diversion structure 6.11 Concrete head and wingwall 7.0 ROADWAYS 7.1 Subgrade Preparation 7.2 Class 6 Aggregate Base 7.3 Hot Bituminous Pavement Class SX 50 11 8 17 310 1235 1270 61 1209 52000 65 944 76 240 360 25 2150 39000 L. F. L. F. L. F. EACH C.Y. C.Y. C.Y. C.Y. C.Y. S.F. C.Y. L. F. L. F. C.Y. S.Y. EACH S.Y. S.F. 10000 12500 20 20 10 30 10 40 5 S.F. S.F. EACH EACH EACH EACH EACH EACH EACH $10.00 $25.00 $25.00 $150.00 $3.50 $2.00 $6.50 $12.50 $16.50 $0.25 $320.00 $55.00 $100.00 $40.00 $2.50 $250.00 $6.50 $0.25 $2.00 $2.50 $750.00 $25.00 $30.00 $850.00 $250.00 $300.00 $350.00 $500.00 $275.00 $200.00 $2,550.00 $1,085.00 $2,470.00 $8,255.00 $762.50 $19,948.50 $13,000.00 $20,800.00 $51.892.50 ?)i ,tbuu.uu $9,600.00 $900.00 $6,250.00 $13,975.00 $9,750.00 $20,000.00 $31,250.00 $15,000.00 $500.00 $300.00 $25,500.00 $2,500.00 $12,000.00 $1,750.00 372 L. F. $90.00 $33,480.00 2 EACH $1,500.00 $3,000.00 8 EACH $3,000.00 $24,000.00 150 L. F. $700.00 $105,000.00 255 L. F. $125.00 $31,875.00 634 L. F. $110.00 $69,740.00 40 L. F.. $75.00 $3,000.00 4 EACH $5,000.00 $20,000.00 2 EACH 2 EACH 2 EACH 50 C.Y. 25 C.Y. $6,000.00 $12,000.00 $10,000.00 $20,000.00 $15,000.00 $30,000.00 $450.00 $22,500.00 $320.00 $8,000.00 4250 292 125 S.F. $0.50 TONS $22.00 TONS $50.00 $2,125.00 $6,424.00 $6,250.00 Preliminary Construction Cost Estimate 1/17/03 7.4 Replace standard concrete curb & gutter 30 L. F. $20.00 $600.00 7.5 Replace sidewalk 180 S.F. $5.50 $990.00 7.6 Double sidewalk chase 7 L. F. $120.00 $780.00 7.7 New guardrail and end sections 330 L. F. $35.00 $11,550.00 7.8 Spill curb in median 300 L. F. $20.00 $6,000.00 7.9 Patterned concrete/pavers in median 400 S.F. $14.00 $5,600.00 7.10 Striping in parking lot between muni.bldg and fire sta. 1 L. S. $1,200.00 $1,200.00 7.11 Traffic Control 1 L. S. $20,000.00 $20,000.00 8.0 UTILITIES 8.1 Relocation of Existing Utilities 1 L.S. $35,000.00 $35,000.00 SUBTOTAL $1,057,408.00 2 0% CONTINGENCY $211,481.60 TOTAL $1,268,889.60 Preliminary Construction Cost Estimate 1/17/03 Town of Avon, Colorado Financial Support, Donations and Contributions Non-Profit Organization Funding used for: 2002 Actual 2003 Request 2003 Budget 2111103 Request Vail Valley Foundation 2002 Birds of Prey 35,000 10,000 10,000 - requested $7,000 in-kind services (buses) 2003 American Ski Classic 30,000 25,000 - 25,000 2003 Vail International Dance Festival - 7,500 - 7,500 2003 Launch into Literacy-Avon Elementary school - 7,500 - 7,500 Due to cancellation of 2001 Birds of Prey event, Town (17,500) - - - of Avon was credited $17,500 in 2002. Total Contribution 47,500 50,000 10,000 40,000 Vilar Center for the Arts 02-03 Vilar Center for the Arts - 18,500 - 18,500 request made by VVF as 03 Beaver Creek Theater Festival - 7,500 - 7,500 managing entity Total Contribution - 26,000 - 26,000 Vail Valley Chamber & Key goals for 2003 include: improving the economic 25,000 40,000 - 25,000 Tourism Bureau opportunity for member businesses, increasing the number of visitors to the area, and reducing the cost of doing business in the community. Total Contribution 25,000 40,000 - 25,000 Bravo! 2003 Town of Avon Summer Library Program 50,000 25,000 - 25,000 Vail Valley Music Festival Six Concert Chamber Music Series, Vilar Center - 25,000 - 25,000 Artist support for the New York Philharmonic - 30,000 - 30,000 Residency in the Valley Total Contribution 50,000 80,000 80,000 Colorado West Regional 2003 Financial Funding support for the detoxification - - - 8,405 Mental Health, Inc. program, Colorado West Recovery Center. Funding is based on formula which uses population figures from census report. Total Contribution - - - 8,405 Vail International Hockey Funding for Vail International Hockey Team to travel to - - Russia for 17 days in December 2003 Different sponsorship levels presented Total Contribution - - - - PROGRAMS FUNDED IN 2003 Eagle River Youth Coalition A contribution of $3 per youth in Avon. The organization - 4,000 4,000 na supports the youth serving organizations in Eagle County. Total Contribution - 4,000 4,000 Eagle County Down Payment Program was created to provide down payment assistance 10,000 25,000 10,000 na Assistance to low and moderate income families Total Contribution 10,000 25,000 10,000 (Account # 114 64902) TOTAL CONTRIBUTIONS 2329500 225,000 24,000 179,405 2/6/2003 Non Profit Requests Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Bob Reed, Director of Public Works Xl?-- Date: February 5, 2003 Re: Anti-Icing and De-Icing Chemicals Summary: Attached you will find a report from CIRSA regarding the effects of anti-icing and de-icing chemicals currently being used around the State. It touches on the pros and cons of Magnesium Chloride as well as many of the alternatives. Discussion: This report reinforces our decision for the last 10 to 12 years regarding the use of Calcium Magnesium Acetate. We have tried many of these products in this report and will continue to do so in the future. Town Manager Comments: I:\Enb neeiing\Fonns\Council Memo Template.Doc Anti-Icing and De-Icing Chemicals and Their Effects Much concern has been expressed regarding magnesium chloride, road salt and sand and its effects upon vegetation, aquatic life, corrosion of metal, and health concerns. Several anti-icing technologies have been developed recently to provide alternatives to magnesium chloride. Most of these address the concerns of toxicity to vegetation and human exposure, and the lessening of corrosion. Some of these alternative technologies are presented, yet the emphasis of this document is the environmental effects of magnesium chloride use. The following is a discussion of the concerns presented above. Damage to Vegetation: The Colorado Department of Transportation (CDOT) will be conducting a study that is estimated to take two years to complete on damage to vegetation allegedly from the use of magnesium chloride. This study will commence in the fall of 2002. The properties of magnesium chloride (viscosity and hydrophilic) limit the amount of runoff from the roadway. When a significant precipitation event occurs, some of the magnesium chloride is carried off of the roadway. The dilution figures that CDOT uses are based upon a twenty-two inch snowstorm per application. However, most snowstorms are not this extensive. If a snowstorm of this magnitude does not occur, the magnesium chloride solution, (typically 28-32% magnesium chloride) will not be diluted significantly and the spray from truck and vehicle tires will coat nearby vegetation and trees. It is thought that this coating of magnesium chloride on vegetation interrupts photosynthesis and causes trees and grasses to turn brown. This browning of vegetation is evidenced within fifteen to 20 feet of the roadway where magnesium chloride is used. The CDOT study on vegetative damage, likely to be completed in 2004, will be more conclusive on this hypothesis. It is unknown how extensive the damage has been to vegetation over the many years of sand and salt use. The sand buildup around tree roots is thought to impact the ability of the plant to receive water and nutrients. Environment Canada released the results of a five year study on the toxicity of road salts to vegetation. They concluded that road salts including sodium chloride, calcium chloride, magnesium chloride and ferrocyanide salts are indeed toxic to the environment. Environment Canada estimated that 5 million tons or road salts are used in Canada each year. Their estimate of vegetative damage from this use involves vegetation within fifty feet of the roadway where road salts are used. Aquatic Life - Effects: The CDOT study on the effects of magnesium chloride relies heavily upon dilution. It is estimated that typical dilution off of the roadway is 1 part of magnesium chloride per 500 parts water. The studies of aquatic toxicity are based on this dilution factor and the prescribed methods of application. If magnesium chloride is applied at a greater rate than prescribed, it is unknown what effects would be experienced by aquatic life. Controlled toxicology experiments were conducted with boreal toads, juvenile rainbow trout and selenastrum (an algae) to determine at what concentrations certain health effects, including death were noted. Upon analysis of magnesium chloride runoff, greater than expected concentrations of lead, zinc, cadmium and phosphorus were noted. These chemicals exceeded the desired dilution threshold of 1:500. Toxicity tests: Boreal Toad tadpoles showed no mortality over 96 hour intervals at magnesium chloride concentrations of 0.1%. This concentration is reported to be the expected median concentration of magnesium chloride runoff as it exits the roadway. At a concentration of 0.32%, 50 percent of the boreal tadpoles died within 96 hours. This is referred to as the LD50 (Lethal Dose of 50%) for magnesium chloride for Boreal Toad tadpoles. Juvenile Rainbow Trout showed no mortality at 96 hour concentrations at 0.5%. The estimated LD50 for rainbow trout minnows was 1.4% magnesium chloride. The growth of Selenastrum algae was suppressed at magnesium chloride concentrations of 0.1%. Other physiological stress occurred at concentrations of approximately 1%. Studies were performed for the increase of magnesium and chloride in waters from deicer application. Magnesium levels increase about 3 times above background at six field sites, yet they are within the natural range of magnesium in Colorado waters. Chloride background concentrations are typically between 0 - 2 milligrams per liter (mg/L). The use of magnesium chloride and road salt increased the concentrations in streams to 50 - 100 mg/L. This is thought to be well below concentrations that are potentially harmful to the most sensitive forms of aquatic life. Concentrations of more toxic metals such as cadmium, copper and zinc were virtually undetectable with the exception of streams receiving historical mine drainage. Biotoxicity tests show that the most sensitive organisms show observable effects at magnesium chloride concentration at or above 0.1 %. It is estimated, based upon dilution, that magnesium chloride concentrations average about 0.2% when leaving the roadway. It is also estimated by CDOT that concentrations about 20 yards from the roadway reach about 0.1% magnesium chloride. It should be noted that streams may be within 20 yards of a roadway and storm drains at the roadside may empty directly into streams. The contribution of storm drain discharge was not considered in the CDOT study on the effects of magnesium chloride to aquatic life. A study of chloride levels from deicer application was conducted in Peshatin Creek, located on the eastern slope of the Cascade Mountains in Washington. A product called CMAK, calcium magnesium acetate, was mixed with road salt and sand on State Route 97 adjacent to Peshatin Creek. There was no negative impact to invertebrates at four locations along the Creek. The study found that the use of CMAK in association with sand and road salt is an effective strategy that protects the environment and provides after winter time travel. However, the use of sand can load the stream excessively in lower flow sections of the stream, causing streambed sediment problems. It was thought that sand application should be limited to a traction material with a lower specific gravity in low flow sections of the stream. CNL4,K is a product that has been used effectively in Aspen and Snowmass Village. Aspen has had a concern about magnesium chloride use since its storm sewers empty into the Roaring Fork River... This is one of the arguments Aspen has used to ban magnesium chloride use. Corrosion of Metal: There is much concern about the corrosiveness of magnesium chloride upon metals, especially in the trucking and transit industries. The residual magnesium chloride plays havoc with electronics and causes lugs to seize up on wheels. The CDOT specifies that magnesium chloride formulas be less than 70 % as corrosive as sodium chloride to mild steel. A study performed by Dr. Yunping Xi of the University of Colorado utilized four metal alloys subjected to two test methods for corrosiveness. The Society for Automotive Engineers (SAE) J2334 and the American Society for Testing of Materials B 117 were the two test methods selected comparing magnesium chloride with sodium chloride. In the SAE test method, magnesium chloride was found to be much more corrosive to all the metal alloys than sodium chloride. This was due to six of every 24 hours during an 80 day period where the humidity was at 100 % with a temperature above 100 degrees Fahrenheit. Since magnesium chloride is hydrophilic and viscous, it remains on the metal in humid conditions. Sodium chloride is not viscous and does not remain in contact with the metal. The ASTM B 117 application involved a spray corrosion test for 800 hours. This application indicated that sodium chloride was far more corrosive than magnesium chloride. The Colorado Department of Transportation entered a second phase of the study utilizing a testing method from NACE; National Association of Corrosion Engineers. The NACE test, performed over 72 hours indicated that sodium chloride was more corrosive than magnesium chloride. This was also confirmed over a 128 day test by NACE methods. Even though sodium chloride is more corrosive than magnesium chloride, the chemical properties of magnesium chloride make it more damaging. This is due to the viscosity or "stickiness" of magnesium chloride. Once it is applied, it generally stays on the metal unless washed off. Sodium chloride, with its low viscosity, either drains off or precipitates. Sodium chloride does not "reactivate" after precipitation into crystals. Magnesium chloride reactivates every time it is exposed to moisture due it being hydrophilic. So, each time the humidity rises, such as during the evening hours, it reactivates and has a corrosive effect. This is why it is critical to thoroughly wash vulnerable metals and electrical systems after a coating of magnesium chloride. It also does a wonderful job sticking to windshields, making it difficult to see. Due to the highly corrosive nature of magnesium chloride, CDOT is examining changes in the application procedure. This would involve timing the anti-icing closer to the start of the storm to prevent a snow and ice bond with the roadway and to more thoroughly dilute the magnesium chloride so not as much residual remains on vehicles. CDOT is also looking at reductions in deicing to reduce residue on roadway after the storm. As far as anti-icing before a storm event, more is not better in the application of magnesium chloride. The American Trucking Association and DOT performed a study of the corrosive effects of magnesium chloride with corrosion inhibitors added, yet the study was not published. Initial findings suggested that magnesium chloride with the corrosion inhibitors was even more corrosive than the pure magnesium chloride. The mechanism for this increased corrosiveness is not known. Public Health - Effects: There is generally much less concern about the public health exposure to magnesium chloride then the concerns mentioned above. An argument could be made regarding the number of lives saved on the highways due to anti-icing and deicing technologies. Some truckers feel that magnesium chloride creates black ice, given the sheen on the highway after it is applied. This sheen is due to the reactivation of the magnesium chloride when humidity levels rise in the evening hours. The sheen is not black ice. The environmental concern, when expressed is commonly due to potential airborne exposure to heavy metals. Magnesium chloride used in Colorado is typically mined from the Great Salt Lake or the Bonneville Salt Flats. Since it is a mined product, its chemistry varies with the source. The Colorado Department of Transportation has current specifications for heavy metals in the magnesium chloride solution. These specifications are attached. This list of chemicals includes toxins to the central nervous system, reproductive toxins, carcinogens, lung toxins, and radioactive elements. CDOT argues that these metals are well below a level of concern to either human health or the health of aquatic organisms. However, misapplication of magnesium chloride, the constituents in a particular shipment of the chemical, and the proximity and duration of exposure to metals within the product could pose a health concern. The Colorado Department of Public Health and Environment conducted a study of airborne metals in association with magnesium chloride and sand/salt application. Five samples were taken in each of the following cities and towns: Denver, Aspen and Pagosa Springs. From the very limited sampling in January, February and March of 2000, findings suggested that heavy metal concentrations exceeded what is permitted for prevention of cancer. A cancer "risk" is assumed when exposure to a known carcinogen is at or above a concentration posing a greater than 1 in 1 million increased cancer risk. Such concentrations were found during the sampling in the three municipalities. During the study, there was no analysis of the factors contributing to metal exposures. The metals could have originated from vehicles, from splashing of magnesium chloride, or lofting of dried magnesium or sodium chloride residuals. The CDPHE study did not suggest the need for more thorough follow-up sampling to characterize the exposures. Some of the results that were found to exceed the 1 in 1 million increased cancer risks were collected on samples taken on rooftops three stories above the street. It is unknown what the airborne exposure would be about five feet above the street where people would be walking. Largely due to the unknown public health exposure risks, Aspen decided to ban the use of magnesium chloride. Magnesium chloride is also used for dust suppression on dirt roads. No sample data exists related to exposure to heavy metals from application on dirt roads or the grading of such roads. It may be a good strategy to use anti-icing and de-icing materials with lower metal toxicities in area with much pedestrian traffic. Magnesium chloride could then be used in more rural settings without foot traffic. In the defense of magnesium chloride, its use in urban settings has significantly reduced particulate in the air during the winter months. The extensive use of sand and salt was a major contributor to the brown cloud. The City of Denver utilizes magnesium chloride in approximately a five mile radius of downtown. Formerly to magnesium chloride use, tires would grind and loft sand and gravel which would remain airborne for days. The State Department of Public Health performs sampling for particulate matter that is under 10 microns in diameter (PM10). Recently Denver has been dropped from the list as a polluted city. This could be from a combination of mild winters, magnesium chloride use rather than sand, and its vehicle emissions program. Prior to the extensive use of magnesium chloride, even smaller municipalities would occasionally exceed the PM10 standard with the use of sand and scoria (volcanic rock). Those prone to respiratory disorders such as asthma can be significantly affected by inhaling fine particulates. The use of sand and scoria also involves extensive cleanup be streetsweepers, loaders and dump trucks. The material is lofted again and again by streetsweepers and if not cleaned periodically, creates a loss of traction hazard, especially at intersections. Sand and scoria accumulation is significant along mountain roadsides, affecting vegetation. The use of magnesium chloride and other deicing technologies has lessened the time needed for plowing and cleanup as well. Summary The pros and cons of using magnesium chloride are still being debated. CIRSA will be keeping current on the various studies conducted on magnesium chloride and its effects. We will be reporting on any new developments as they arise. CDOT's Current Specifications for Trace Metals in Magnesium Chloride Shipments 1. Total Phosphorus 25,000 mg/L 2. Cyanide 0.125 mg/L 3. Arsenic 5.000 mg/L 4. 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O 2 O y 2 j > O q 0 N Cq1 ° A ° p a o > N '1r 'P b0 0 0 a•4) 0 q .d p 3 ° o °? a o o > y yy .? .p p " a° a 3 ti o o ca N '0 w w b y ` o p, q . , ° o w a pp ,she ° K ° O. Oq a? ?4 ) ti q o N " 0 - ?L u o w U a> a ? i a ., ? a. v a z ti o ,n 4 ,? ? a. v a A? a v a s t .a o ?. d d ? d w U ae 0 U . ? j¢ Z 0 U o ? Q . O q; U s V U z > s U w M •V A 6) '?r-1 '? W w J y N N N Q y O a?+ b C.7 cd d d.a JS U M ti . UZd O U ad ° U Va d U nd h a Table 12. Health Effects of Selected Deicers 1. Common name Mammalian Toxicity Potential Minor Potential Serious Carcinogen Health Effects Health Effects Chloride Deicers Magnesium LD50 (acute oral) 8100 Skin, eye, respiratory, No No Chloride mg/kg. GI tract irritation Sodium Chloride LD50 (oral-rats) 3750 Skin, eye, respiratory, Hypertension No mg/kj; subchronic (oral- GI tract irritation rats 2690 mg/kg/day.' Calcium Chloride LD50(skin) >5000 ppm; Skin, eye, respiratory, No No LD50 (oral-rats) 4000 GI tract irritation mg/kg2 Acetate Deicers CMA LD50 >5000 mg/kg Eye, skin, respiratory No No (skin-rabbit)4; LC50 (4-hr and GI tract irritation inhalation-rats) >4.6 mg/t5; LD50-5000 mg/kg (oral-rats).2 CMAK LD50 >5000 mg/kg Eye, skin, GI tract No No (expect ed) irritation NAAC LD50 (oral rat) 3530 Eye, skin, respiratory No No mg/kg5; LD50 (SCU- and GI tract irritation mouse) 8000 mg/kg5; LD50 (IV-mouse 335 mg/kg 5 Potassium LD50 >5000 mg/kg Eye, skin, respiratory No No Acetate (rabbits); acute oral-rats and GI tract irritation 3250 mg/kg.2 Sand NA Eye, respiratory tract Silicosis Yes irritation Corrosion Inhibitors Caliber NA No No No Ice Ban NA No No No Triethanol-amine LD50 (oral-rat) 8000 Skin, eye, digestive tract No No mg/kg; skin rabbit 560 irritation mg/kg (24hr); Eye rabbit 5.62 mg/kg. Shield LS NA No No No ' - Based in information in MSDS and other sources 2 - From Cheng and Guthrie (1998) 3 - From Chang et al (1994) 4 - From McFarland and O'Reilly (1992) 5 - From Cryotech Product Information Sheets 6 - From Paradigm Chemicals LLC (Envirotech) NA = Data not available; > = Greater than; < = Less than. Note: Higher LD50 means lower toxic effects. 64 U N ? o o ` ° 00 V V V ° o . 1 1 z z z 0 v s e z ? s ° e z z o v v 0 O u o C 0 ? 0 -r 0 0 0 0 0 0 0 0 v 0 v 0 v 0 v 0 v z 0 v 0 v 0 v 0 v ¢ z ?¢ j z" c c o cd rn O O M ? 4-1 C --? N h O •-+ O .r Q ?I1 O , O V O V V V V V V V V ?-. .fl M o C vi O O vn P N p N M N ¢ ¢ N N V V Q V c V c C. c Q z z Q Q d ? Q Q C) Q O ?. O "'. 00 A ? N `? C ?? O r. C -r G ¢ In C ¢ N U O V V r C O V v V V z V z O 8 8 M 0 0 ,Ly V O M .-. Vl ? ? Vl O V'1 O Vl O ?(l O V1 _ O O V O / v V V V V O O E ? r. p b O Q Q ° N O ^p N N V N V ° O V O v v V V ,4 V V z V O O rl ..? O p V N O C N V O C 'i N . ¢ ¢ O O O V - N V o U+ ' 5 W L. d r 0 O o ?f1 O V V .-. V N O V ?y V N 0 v N 0 V N 0 V p V ?n O V kc) O O o vi y o L. 71 0 ? N r 'O En O y O v. J o O kri 3 V U o g b d A Y 8 c V O y N o O Q ? 0 8 U ce Piz y 4) O ¢ jz> q 'y. A :r U B ? B. U ° ?., ? V J? o o w u v? . . • U a~i U b N 'b a i [ (7 O N ?/ . i ? yy •F+ N cli U Ir L CIS A w ? U ? ? N? U ° U Z O y v U Z V) ch a , a v? a ? h. v A b d d v C d v C Cr h U 0. W P. 0 qo Co w b Y N ? N aU+ ? A cd 3 0 .? Jo a4? o Y Q Y Q y Q? p •> N 0 W A .° b i A, 'b or •3 U cd .... H Y w° U U 00 N ? U O ? b Y 0 y?U .d U N 3 v cd O '?+ y C', T u 2 " w o U ? 3 r. .q U U . .'. 0 o Y?'y N N 3 0 O O Q ° N y .b w° d 0 ti h CIS N O t.' O U a td" .b 0 O y N U W 0 0 b b U v ?G N aU+ 0 z b U U Y b O z H z N z z cc Table 15. Effects of Metals on Human Healthl. Metal Target Organs Carcinogen EPA Limit in OSHA Exposure Drinking Limit (8-hr day/40- Water ( m) hr week) Arsenic Lung, skin, liver, Yes (lung, 0.05 0.010 mg/m kidneys, lymphatic lymphatic system cancer) Barium Liver, kidneys, No 2.0 0.5 mg/m heart, spleen, stomach Cadmium Kidneys, lungs, Yes (lung, 0.005 0.200 mg/ prostate, blood prostate) Copper Eyes, kidneys, liver, No. 1.3 0.1 mg/ respiratory system; increased risk with Wilson's disease. Chromium Eyes, skin, No - 1 mg/ (metal) respiratory system Chromium Kidneys, liver Yes 0.1 0.52mg/m VI Cyanide Brain, heart, blood, No 0.2 5 mg/ thyroid Lead Eyes, GI tract, CNS, Insufficient 0.015 0.0015 mg/m kidneys, blood, evidence for averaged over 3 mo gums. humans (EPA) Mercury Eyes, skin, nervous Possible 0.002 0.05 mg/m (metallic s stem, kidneys. carcinogen mercury v2?or) Selenium Spleen, eyes, skin, Selenium sulfide 0.05 0.2 mg/rd respiratory system, is possible liver, kidneys, blood. carcinogen Zinc Eyes, skin, No 5 1 mg/m (zinc respiratory system. chloride ' - ATSDR "Toxicological Fact Sheets ('1'ox a'AQs'M); MUSH Pocket Guide to Uftemical Hazards (1994). 2 - OSHA = Occupational Safety and Health Administration The Colorado Department of Public Health and Environment (CDPHE 2000) recently conducted a quantitative risk assessment using standard EPA methodology (EPA 1989) to determine the potential health risks from air exposure to the heavy metals found in the deicers. Although the deicing chemicals become airborne through the movement of vehicles on the roads, the levels of metals in the air had not previously been studied. Estimates of exposure were based on data obtained from air monitoring filters placed on building roofs at various locations in Aspen, Denver, and Pagosa Springs. When the risk assessment assumed that human exposure was 24 69 3 T U w o t ° ? g ? oo ? v b -- y o00 o ag ? a? . a° a„? ° o ob °° U r bA ^ g b ee Pa $ o U H e ao C o °? 3 0 a 3 b Rd 49 b a Ny ?^' O P ?' •? Sb v 7'?? fed A c' ?? b R 4 . c 0 rA gal O u y? o .6 >, }4 p I'D o ou °° ^' o a .1 to •id .? p C o N . U. ?, u ?pxa v 3 o ? U 3 > .j m o of O. a y O 3 ~ O p O cV 'g ed C y . A fL 4. q 0. ''4 G to '? c?V y C M y ? ?a U? < a }? ? ' ? 40,E ti ? W + q O t 3 O cbd q .... > ?. N y a > p O ? y., _ 4 27 3 U t3?. ab? ? N N y N Xi ? •v h ''.' . . !L q ? ? ? h ° L+ ? Cd u ? 4+ •? ? y q ? ! w ? ? C V ? N ? ? v, O a? b. a i a ? ~ ? N i ? c; d d ° oo eo ° v a 44 .Yi v u ° a a td o 'C? Ir U CV ^ o a y c o w o VJ ° oo 3 q, V•'•? o ie 'C c d o o a w ia. m '? °a a ' ° `?" n d m w a> . s4 r p . N 3 v v? m is i? ?•r G ?+ /-. ' a . . 0 ^ ? O OD 3 C N q " ° • ?yp .? i7 El a ? ? 914 x 2 , 2 w a c ? m M , C7 q ? o c j U° c's `t"71 a 6 8 C> Ca".7 O_ C co ° 00 0 c4^ to S b V .t ° d v ;p °v /-? N an v J U' v to ?v?vi ° o v i U N O b Y? UVJ N ?O F. tti ?~ ?U N N N C y ?„ ? O ?.no v ?--1 ? 3 ?U v? F c N \ `.V1? iw b 0 ? it b 0 7 v . ccd U U rA O O U U U O 7 C N o C N o ? q bo q u N by •... O G) O O q o ? .a ° a 3? A H ?00 g ?q 5 IV u v ?x 3a 3a 0 an .at aa"a? N ?I /? V] CIO ? + F. rn ! y bl ed A rA h A y bl 4.0 b cl a c? A C1 N 00 ..+ w a? h vi y H 8 42V 0 d 0 3 coq ?qq d `? a n rn ?' ?n t? a? 0 U q D O "s o e G y w w N G p " Vl H O V O O ky o n v v,? eCdv?wO°s+ S ' ? U ,? C U ? i UF N O O U + y C . ? y y v yyy H pC ? O p O A a ?d v? o c a " u 44 a? o o ,? '? ? U U p y p .a O o ? ? o ? N aoi ' ? ? > o y 0 ° o ? ?C N U H y eFd C . O co ? v ° C 43 3'? o d m O ?i ~ ti w O 0 b' co U b 'U o o 0 ~ v Z 42 m k E ? , 0 R. O q y ?o 1 . 3. 4 . 2 ? a ? a i a R , _ P , 0 0 N °? C 0 a ? 2 ? 0 GG n °v 04) .~p1 opo b v° °v qtr. fb ? ? ? ? p b N O b y ? o U N p n-? ? b O ? O o? _ ? b? ti O p M U ? CD }" it wV. ?'' ti A~ , 4. 2 N '? -cn „r d A CV cd w N O N ;a lu y A ODD oA 3Uv, w cd U wU? to U ?? co R yU C ? bD C ? p O G ti y O N .a ¢ U ¢ A w ° ? E~ 4w y O p V O U U? lu a?a wx r?:; ?c° a? d! a?i C o vn o DO r 00 DO rn h b as G? A 'C7 y to «i 'C C? b C? V ..r Q 'LS O V H A b a? h a? A b b O 0 N r; .Q H 0 C eo II H 0 d U A N O Q 3 a 0 U 0 U O Table 21. Eutectic Temneratures of Selecteri Doicerc_ Deicer Concentration Eutectic Reference Temperature (°F) CaliberTM M1000 27% magnesium chloride -85 Product Specification Sheet CMA® (anhydrous) 32.6% calcium magnesium -18 K. Johnson, Cryotech, acetate personal communication CMA259 (25% aqueous 1001/o calcium magnesium +1 K. Johnson, Cryotech, solution) acetate personal communication CMAKTM (50:50 blend of 100% CMAK -25 K. Johnson, Cryotech, CMA25 and CF7) personal communication FreezGard-Zero® with 22% magnesium chloride -27 Envirotech Product Shield LSO Information Sheet Ice Ban M50TM 30% magnesium chloride + Ice -78 M. Duran, Envirotech, Ban (ratio 1:1) personal communication Ice Slicer® 92-98% sodium chloride -6 G. Liest, Envirotech, pers. communication Ice-StopTMCI 21.6% magnesium chloride -28 Product Specification Sheet Liquidow* Armor* 30% calcium chloride -59 Product Information Sheet NAACO (anhydrous) 27% sodium acetate -7 K. Johnson, Cryotech pers. communication Potassium Acetate 100% potassium acetate -76 K. Johnson, Cryotech, (CF76) (50% aqueous personal communication solution) Sodium Chloride 23% sodium chloride -6 Dow Chemical Product Information Doctunent' - "U W LdlCllucal -Umpany - lvlanual 01 vooa rracuce ror snow ana Ice Uontrol with Dow Calcium Chloride Products (no date). 8.3.2. Effective Temperature Another term that is used to describe the efficiency of a deicer at melting snow and ice is its effective temperature. The effective temperature is an empirical value that attempts to describe the lowest temperature for practical use, considering ice melting, an& icing ability, type of precipitation and application rates (K. Johnson, Cryotech, personal communication). The effective temperatures of selected deicers are provided in Table 22. Chang et al (1994) compared the effectiveness of calcium chloride to sodium diloride. The authors reported that calcium chloride worked more than twice as fast as sodium chloride in melting ice, and was more effective in ice penetration tests than sodium chloride. Cheng and Guthrie (1998) reported that calcium chloride tends to adhere to road surfaces better, dissolve more rapidly, and melt ice at lower ambient temperatures. 85 Table 22. Effective Temperatures of Selected Deicers. Chemical Brand Name Effective Reference Temperature (°F) 30% Magnesium Chloride CaliberTM M1000 -100F G. Leist, Envirotech, pers. + 10% carbohydrates Communication 30% Magnesium Chloride FreezGard® with +50F G. Leist, Envirotech, pers. Shield LS Communication Magnesium Chloride Ice Sto TMCI +5° F Product Specification Sheet Sodium Chloride Ice Slicer® 0 to +5°F Product Specification Sheet Sodium Chloride Rock Salt +15°F Chang et al 1994 Calcium Chloride Liquidow* Armor* -250F Dow Chemical Product Information Document' Calcium Magnesium CMA® +20°F K. Johnson, Cryotech, pers. Acetate communication CMA25 CMA250 +20°F K Johnson, Cryotech, pers. communication CMA + Potassium CMAKTM 0°F K Johnson, Cryotech, pers. Acetate communication Potassium Acetate CF70 -15°F K Johnson, Cryotech, pers. communication Sodium Acetate NAAC® +5°F K. Johnson, Cryotech, pers. cominmlicaui011 1 - flow unemlcal Uompany manual of Hood Yractlce Tor Snow and Ice control with Dow Calcium Chloride Products (no date). NA - Not available The deicer CMA was also evaluated by Chang et al (1994). They reported that CMA did not produce any significant melt volumes at temperatures below 15°F and had poor ice penetration. In order to obtain dry pavement conditions, approximately 2.6 times as much CMA was required as sodium chloride (Chang et al 1994). According to K. Johnson (Cryotech, personal communication), acetate deicers interfere with the ability of snow particles to stick together or to the pavement surface, making mechanical removal easier. The effectiveness of Ice Ban was compared to that of magnesium chloride deicers. Ice Ban was reported to melt snow and ice faster and at lower temperatures than magnesium chloride solutions. It also provided a more consistent, longer lasting residual effect (i.e., ability to reactivate between storms) than magnesium chloride (HITEC/CERF 1999). 86 Table 23. Range of Costs of Selected Deicers and Sand'. Chemical Deicer Name Costs Calcium Chloride + Corrosion Inhibitor (liquid) Liquidow* Armor* $0.50/gal = $91/ton Magnesium Chloride + Caliber (liquid) Calibefm M1000 $0.55/ga1= $100/ton Magnesium Chloride + Corrosion Inhibitor (liquid) Ice-StopTMCI $0.25/gal = $46/ton) Magnesium Choride + Corrosion Inhibitor (liquid) Freezgarcl-Zero® w/ Shield LSO $0.34/gal = $62/ton Magnesium Chloride + Ice Ban (liquid) Ice Ban M50TM $0.78/ga1= $142/ton Road Salt (solid) Sodium Chloride $30/ton Sodium Chloride (solid) Ice Slicer® $58/ton Calcium Magnesium Acetate (solid) CMA® $1000/ton CMA + Potassium Acetate (liquid) CMAKTM $1000/ton Sodium Acetate (solid) NAAC® $1000/ton Potassium Acetate (liquid) CF70 $3.30/gal = $601/ton Silicon dioxide, etc. Sand $6-16/ton - rersonai communication from CaOT maintenance supervisors, manufacturers, and distributors. The use of deicers for snow and ice control also have social and economic costs associated with them. The costs associated with using chloride-based deicers include damage to utilities, corrosion of vehicles and highway bridges, damage to vegetation and water supplies, and the cost of deicer purchase and application. Other potential costs include increased salinity of rivers from use of chloride-based deicers, effects on aquatic life, corrosion, potential increased incidence of 88 b 0 H 4.r O e? A 0 b ed i.. U Cis y U 47 O O b ed i-i O O V "Cy rA IW) CC tm b b Gl V] cl N y U AA 4T N H cyd T (D 3 0 00 U 0 U ?+ b T nw yo bUy9 1 . u 06 ?. U o cd d b IN •Q' it C .,7 y X 'p a ?dy A r. O? ? U U U U ^ V t? 00 o ) b 'r' i-i V) -tv CUd 0 G U - R Q.4 YaC U u N Ir. b (CON " T p b N w g . O C U' p y .••? " , a .? y ' 0 cn ?.+ b ? ' U q p b g T o 0 " o p U O a n N v ? 0 b Z. CO. y aw c ! O cd U . N?+ F? T O T O 'd co N b 0 0?± -a y N U U y U U . N y eV U a. 0 0 •U ?q a 7 V f ' F .. . G Oq N b0 O 'q ., pq id N w b v ? + ,O -? . P ? 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N -401 ?' u • ^?f U U ?3 ? ? o p" --t ti ? o u K api ? o . p x ? a?i ?_ o a ra PW " 010 's C G vi o q > G O a ?u C, b O ?" q O ? aU+ ?tl, b o O tE N F w y0 a ? ? _ '1 H E O O "S ?_ ' x UL o b a > za i. $ N > 0.2 ?. o ? c m F by ° v a 4"' te ' N O d U ob by U b 'F +' a . . • .. z U a H ti o c 2 0 O y S O H O Ly w " ed q •F >"c-) 4) x «O. h o b U5 « .-. G U U ..r H N ?p•!a?G•± U ? N ? N G ? 00 U A h? 1-1 ?/] . F .1 (1. ?.r.? . > lO p^ b m ?T ca .? > O U 0 O 'C o?do u M? ?•??? o•? s? ° ?3 ??o°'o ??a° vh U H q ?' b o cn a u: ° U? > d v om y u h 0 •? 4. ' t C .' ' a1 ?. L "? G ? C Fi G. O y N d U O O ENE .?'' I'' U r O c? , ?+' ij' F ri • 0 Y U •" y .b?, pUp ?+ q ?5,, y 40 F a° o t .? T=om ° G •k o ni o U ti t a 9 El h v o y v o a ° U > A s wy m vi O •40..+ cr c o 0 o o A4 94 T p ri ° w ? V9 o u U~ F a . o v ? h o °'o °a ° to U> A d (?"il rn L U y y ti q cd >' U ?' O F 'C7 , ?" r7 bA C v O cC .?., N U a> G cC +-' ?? F , p O > ?0, ? bD O ? G `k• y U •q v a co d A u ? 3 7 ? = q H y ws ?o ? H? Table 25. CDOT Maintenance Costs and Other Information Related to Snow and Ice Controls. Data FY1995 FY1998 FY1999 FY2000 MPA Totals $26,200,000 $29,400,000 $25,100,000 $27,500,000 Increase in Cost Over FY 95 - 12.0% -4.3% 5.0% Increase in Cost Over Previous Year - -9.2% -14.5% 9.7% Snow Plow/Sanding/Deicing Total COFRS3 Loaded Costs $22,500,000 $26,200,000 $22,700,000 $24,100,000 No. Miles Plowed 5,800,000 5,900,000 4,700,000 4,400,000 Labor Days 49,600 51,000 42,100 40,700 MMS Costs/ low mi. $3.86 $4.48 $4.81 $5.48 Sand/Salt Used tons 452,500 537,000 395,000 366,800 Liquid Deicer Used (al) 715,500 4,900,000 3,700,000 6,000,000 - r_ rout (Luul). maintenance snow & ice uosts, Jtarr Brancnes update. Fresentation to the Transportation Commission. 2 - MPA = Maintenance Program Area 3 - COFRS = Colorado Financial Reporting System 4 - MMS = Maintenance Management System cancer from the presence of metals from deicers in the air (L. Cassin, Aspen Environmental Health Department). In 1991 the U.S. Congressional Office of Technology Assessment reported that 23% of the 575,000 bridges in the United States were deficient because of deteriorated structural components. D'Itri (1992) reported that it would cost more than $67 billion to repair or replace the deficient bridges in the federal highway system alone. The social and economic costs of the acetate-based deicers include potential oxygen depletion in the aquatic environment resulting in potential reduction in fishing opportunities due to the decreased number of fish in lakes or streams affected by eutrophication. The acetate deicers are also substantially more expensive than the chloride-based deicers, which has prevented some cities and towns from using them. Since the acetate deicers have only been used in the last several years, there may be other potential costs that are, as yet, unknown. When sand is used, equipment and labor for sand removal must be considered (McCrum 1992). The air quality and water quality impacts of sand use also result in substantial social and economic costs. 91 s y c y d ? o w E p O Ly °0 7y ? o Ci7 r ? ? `° b C1 F?, (7 at. O O p p tr 0 y w a- 0 '0 w 0 .7. P? O `G 1 1.5 A rf to M K •o' w ?w cRL ?. and m O `? 7G' N QG ' + p ?y R r" ooZ o v' D ° O o 'f°+ ? ? coo • ?• p: G1 ?. ti K C n _ l O f) w v F ° ° m w w° ?• ti t O C1 n 5 y ?' W ?. O. O ? °• . 0' n W ?. .' nom. OR 0 ? . ? . C6 R ° Va+ G... fD d (IQ !F. o o .?'? o ran A ° On z ? A .Oq Q. ??,•. O. ? "?• N Q y ?. d K Q•„ °i Q• ??a a y ? f<C w ? . ?^ C? w v n tT, E '? ? q Oi dQ ? ? n 6' 'V <c O N !y ?• W ?. ? yyQ. 0• P1 L7. it ? Q w w Q O n O e•+ O b CL b c? O b A efl O C fD d fb. A A "Y y H A O r. p 7Q b r?•. O• g C A> M lD ry? V b x l , y l 0.41 0 b Memo To: Lang Brooks, Town Manager From: Jacquie Halbumt, Director o uman Resources and Public Info Date: February 5, 2003 Re: Annual Council BBQ For 5 years running, the Council has hosted an annual free BBQ for the residents of Avon. The idea behind it was for Council to stay involved in the community by having an opportunity to visit with our friends and neighbors and give them an opportunity to talk to Council members on an informal basis. Question #1- Is the Council satisfied with the BBQ and wish to continue as-is? This year is special, as it marks Avon's 25"' year of incorporation on August 8. Stacy and I met with Meryl and Julie in Recreation to discuss some ideas for this year's activities. Question #2 - Should we incorporate the 25" Anniversary celebration into the BBQ? Some ideas include: 1. Hold the free BBQ on Friday, August 8. Incorporate additional activities to commemorate the anniversary such as, games, historical view of Avon through pictures in the cabin, hand out commemorative coins, and have 25 cakes with different historical events. The event would take place from 11:30 a.m. -1:30 p.m. 2. Change the date to Saturday, August 9. Have a catered BBQ and people pay a small fee to eat. Hold a fun run around the park along with games, pictures, coins and cakes. This scenario would be a longer day and would require a budget amendment. 3. Hold the BBQ and the anniversary celebration as separate events, which would require a budget amendment. We are looking for direction as to whether we should keep the BBQ status quo with a few extra events to commemorate our 25' anniversary. Or, if Council would like us make more of a production out of the event. TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING AGENDA FEBRUARY 11, 2003 - 5:30 PM 1. Call to Order/ Roll Call 2. Citizen Input 3. Ordinances Public Hearing - Second Reading a. Ordinance No. 03-03, Series of 2003, An Ordinance repealing and reenacting Section 12.04.110, repealing Section 12.04.130, repealing Section 12.04.220 and repealing and reenacting Section 12.04.280 of Title 12 of the Avon Municipal Code (Streets, Sidewalks and Public Places) (Norm Wood) First Reading a. Ordinance No. 03-04, Series of 2003, An Ordinance Authorizing Execution of a Certain Governmental Lease-Purchase Master Agreement. (Scott Wright) 4. Resolutions a. Resolution No. 03-09, Series of 2003, A Resolution Approving the Second Amended Condominium Map of Avon Commercial Center, Level 2, A Resubdivision of Units 224 and 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado. (Norm Wood) b. Resolution No. 03-10, Series Of 2003, A Resolution Declaring The Lower Buck Creek Drainage Improvements To Be In Pursuance Of A Public Purpose, And Authorizing All Steps Necessary And Proper For Acquisition Of All Interests, Rights Of Way, And/Or Easements Needed To Construct Such Improvements. (Norm Wood) 5. New Business 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Consent Agenda a. Approval of the January 28, 2003 Regular Council Meeting Minutes b. American Crown Circus, Inc. Agreement (Meryl Jacobs) c. Valuation Consultants Appraisal Service Proposal, Buck Creek Drainage (Norm Wood) 12. Adjournment Avon Council Meeting.2.11.03 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer t Anne Martens, Assistant Town Engineer Date: February 1, 2003 Re: Ordinance No. 03-03 (Public Ways Review Fees) - Second Reading Public Hearing Summary: Attached Ordinance No. 03-03, Series of 2003, repeals and reenacts Section 12.04.110, repeals Section 12.04.130, repeals Section 12.04.220 and repeals and reenacts Section 12.04.280 of the Avon Municipal Code. This action includes revising the Public Ways Permit Review and Inspection Fee Schedule to more accurately reflect the actual costs associated with the review and inspection of the various type permits. This action also includes revising the acceptable security and duration of surety to be submitted to the Town to guarantee faithful performance of the work permitted. The Public Ways permit review costs have been estimated in accordance with the attached Personnel Hourly Rate Calculations and Proposed Public Ways Review Fees. The Personnel Hourly Rate Calculations are the same as presented with the Subdivision Review Fees. The attached Proposed Public Ways Review Fee calculations include a comparison with our current fees as well as Eagle County, Town of Vail and Town of Gypsum Public Ways review fees. We also compared projected revenues with the proposed fee schedule and the current fee schedule. Total review fees collected in 2001 would have increased from $2210 to $4450 and in 2002 would have increased from $3188 to $5695 with the proposed fee schedule per attached Right-of Way Permit Fee Comparison. This increase is in-line with projected revenues in the 2003 Budget that anticipated a revised fee schedule being adopted. The permits issued in 2002 included several large permits that required multiple inspections. The revisions to Section 12.04.110 allows for the town to collect on the extra inspections when necessary. The current Public Ways Review and Inspection Fee Schedule was adopted nearly twenty years ago and we recommend approval of Ordinance No. 03-03, Series of 2003, An Ordinance Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130, Repealing Section CADocuments and Settings\nwood\Local Settings\Temporary Intemet Files\OLK2\0rd 03-03 Memo2.doc 12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12 of the Avon Municipal Code to establish Permit Review and Inspection Fees that more accurately reflect the actual cost of the Right-of-Way review process along with revisions to the required Security type and duration acceptable to ensure compliance. Previous Council Action: Ordinance No. 03-03, Series of 2003 was approved on First Reading at the January 28, 2003 council meeting. Financial Implications: Proposed Public Ways Review and Inspection Fee Schedule will increase revenues to more closely match Public Ways review and inspection expenses. Public Ways Review and Inspection Fees were increased approximately $3,150 in the 2003 Budget in anticipation that a revised fee schedule would be adopted. Recommendation: Approve Ordinance No. 03-03, Series of 2003, An Ordinance Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130, Repealing Section 12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12 of the Avon Municipal Code (Streets, Sidewalks, and Public Places). Proposed Motion: I move to approve Ordinance No. 03-03, Series of 2003, An Ordinance Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130, Repealing Section 12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12 of the Avon Municipal Code (Streets, Sidewalks, and Public Places) on Second Reading. Town Manager Comments: 6- Memo* Ta Honorable Mayor and Town Council Three Larry Brooks, Town Manager Fnorm Scott Wright, Finance Director Date. February 6, 2003 Rae Ordinance 03-04, Governmental Lease-Purchase Master Agreement Summary: This ordinance adopts a Lease-Purchase Master Agreement with Wells Fargo Brokerage ServioK LLC, for the purchase of equipment previously appropriated within the 2003 budget; for the reftwx* p of previously lease-purchased equipment; and to transfer certain lease-purchase obligations to the Eagle River Fire Protection District (ERFPD.. • Previous Council ActiorC Council has previously approved similar Lease-Purchase Master Agreements in 1998, 1999, and 2000. Two of the supplements to the 2003 Agreement are for the refinancing of remaining amounts due under the 1998 and 1999 Agreements. Discussioet Supplement 0900-005. This supplement refinances over the remaining term of 8 quarterly payments the obligations outstanding on 5 pieces of equipment that were lease-purchased in 1998. The refinancing lowers the interest rate from 5284° to 2.95% for a total savings of $3,042.24. Supplement 0900-006 This supplement refinances over the remaining term of 3 annual pats to obligations outstanding on 3 vehicles that were lease-purchased in 1999 and 2000. The refmandrp lowers the interest rates from 625% for 2000 and 4.95% for 1999 to 2.95% for a total savings of $4,69210. Supplement 0900-007. This supplement is for the purchase of 3 pieces of equipment (street sweeper, snow plow, and bobcat) previously approved In the 2003 budget. These 3 pieces are necessary for street and road maintenance at the Village of Avon, and approximately 22.69% of the annual, debt service payment will be reimbursed by the Village. Page 1 TOWN OF AVON, COLORADO ORDINANCE NO. 03-04 SERIES OF 2003 AN ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN GOVERNMENTAL LEASE-PURCHASE MASTER AGREEMENT. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. The Governmental Lease-Purchase Agreement between the Town of Avon and Wells Fargo Brokerage Services, LLC, together with Supplements #0900- 005, 0900-006, and 0900-007, copies of which are attached hereto and incorporated herein, and the terms of the Agreement and the Supplements and Exhibits, are hereby approved. Section 2. The Mayor and the Town Clerk are authorized and directed to take all action and to execute the Agreement and all necessary documents related to the Agreement and each Supplement. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the I Ph day of February, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council the 25 h day of February, 2003, at 5:30 p.m. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Mayor ATTEST: K,A% OF 69 E A To Cle A4? Lon INTRODUCED, APPROVED, PASSED ON SECOND READING AND ORDERED POSTED THE 28TH DAY OF FEBRUARY. Mayor ATTEST: Town Clerk Approved as to form: Town Attorney STATE OF COLORADO ) COUNTY OF EAGLE) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 28TH DAY OF FEBRUARY 2003, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING ORDINANCES: Ordinance No. 03-04, Series of 2003, An Ordinance Authorizing Execution of a Certain Governmental Lease-Purchase Master Agreement A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado TOWN OF AVON, COLORADO BY: P->AC_I Patty McKen Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 15, 2003 AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY ., . GOVERNMENTAL LEASE - PURCHASE MASTER AGREEMENT Name and Address of Lessee Lessor: Town otAvoti Wells Fargo Brokerage Services, ILC. 400 Benchmark Road Public Finance Department Avon, Colorado 8162 1740 Broadway, MAC 01300-011 Denver, Colorado 80274 1. LEASE. Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to. lease from Lessor, the personal properW desmW is a Supplement or Supplements to this Master Lease from time to time signed by Lessor and Lessee upon the terms and conditions tier ': . forth in the related Supplement (such Property together with all replacements, repairs and additions incorporated there3a at affiiraed thereto being referred to herein as."EgWpment" )- The lease of the items described in a particular Supplement sban be considered a separate lease pursuant to the terms of the Master Lease and the Supplement the same as N a single lease agreement containing such terms bad been executed covering such items.. The execution by Lessee of each Supplement shall evidenc¢ a determination by tiro Lessee that the Equipment covered thereby is essential to its proper, efficient and economic operation and desires to enter into that .Supplement for the acquisition of that Equipment under the terms hereof; that the Equipment is necessary for the =Uccd functions of Lessee, and that Lessor is neither the manufachmer nor a dealer or merchant of said Equipment; but provide the funding far and on behalf oTLfor the acquisition of said Equipment under the terms bereaf at the specLassen I DELIVERY AMID ACCEPTANCE. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessee a Delivery and Acceptance CaMsate (herein so called) in the form to be provided by Lesaoe. 3. TERM. The term of this Lease with respect to each item of Equipment shall begin on the date it is accepted by Lessee and sbae eontinue'from the rent commencement date shown in the related Supplement unless earlier terminated as provided herd. The neat commencement date is the Acceptance Date as recorded on the Acceptance QertificsOL 4. RENT. Lessee Shan pay as basic rent for the full term of this Lease the amount shown in the related Supplement U. Total Rat. and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit "A" attached to the rclmd • . . Supplement sets forth the interest component of each rent payment during the team. The Total Rent shall be payable in instaUmeals each in the. amount of the basic rental payment set forth in the related Supplement- pho any applicable sales and use tax thereon. Lessee shall pay rent in installments as shown in the Related SupplemcnL Except as specifcany provided in Sec doa S herecC the rental payments will be absolute *and unconditional in an events and will not be subject to any sd-4 defer count r dais ere recoupmeat for any reason whatsxM: Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and purr fbnds from wbich the rent payments may be made. The chief exavtive officer of the unit- shall request the required appropriation from the Vvera ft board and exhaust an available administrative reviews and appeals in the event such portion of the buds is not appOveL S.-NON-APPROPRIATION OF FUNDS. MI essee periodically requests from its legislative body at funding au&a* limit to be paid to Lessor under this Lease and, notwithstanding the malting in good faith of such request in accosdanw with appteprj? Akocedures and with the exercise of reasonable care and diligence, such legislative body or funding authority does not approve funds be paid to Lessor for the Equipment, Lessee may, upon prior written notice to Lessor effective 60 days after the giving of such notice or upon the exhaustion of the funding authorized for the then current appropri ation period, whichever `is later, return the Equipment to Lessor at Lessee's expense and thereupon be released of its obligation to make all rental payments to Lessor due thereafter, provided (i) the Equipment is returned to Lessor freight prepaid and insured to any location in the continental United States designated by Lessor in the same condition as when first delivered to Lessee, reasonable wear and tear resulting solely from authorized use thereof excepted, (ii) the foregoing notice states the failure of the legislative body or funding authority to appropriate the necessary funds as reason for cancellation, and (iii) the notice is accompanied by payment of all amounts then due to Lessor under this Lease. In the event Lessee returns the Equipment pursuant to the terms of this Section S, Lessor shall retain all sums paid hereunder by Lessee, including any security deposit paid hereunder. To the extent permitted by law, if the provisions of this Section S are utilized by Lessee, Lessee agrees not to purchase, lease or rent equipment performing functions similar to those performed through the use of the Equipment, or to obtain from any source the services or information which the Equipment was to perform of provide, for the balance of the appropriation period following Lessee's exercise of its termination right hereunder.. This Section S will not be construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment or to allocate funds directly or indirectly to perform essentially the same application for which the equipment is intended. 6. REPRESENTATIONS AND wARRANTTES of LESSEE. Lessee represents and warrants and, so long as this Lease is in effect or any part of Lessee's obligations to Lessor remain unfulfilled, shall continue to warrant at all times, that (a) Lessee is a State, a Territory or a possession of the United States, the District of Columbia, or a political subdivision of any of the foregoing within the meaning of Section 103(a) of the Internal Revenue Code of. 1986, as amended, and Treasury Regulations and Rulings related thereto. If Lessee is incorporated, it is duly organized and existing under the Constitution and laws of its jurisdiction of incorporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect. (b) Lessee has been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of its jWverning body (which resolution, if requested by Lessor, is attached hereto) to execute and deliver this Lease and each Supplement and to carry out its obligations hereunder. (c) All requirements have been met, and procedures have occurred in order to insure the enforceability of this Lease, and Lessee has complied with such public bidding requirements, if any, as may be applicable to the transactions contemplated by this Lease. (d) The Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity other than Lessee. (e) Lessee has funds available to pay rent until the end of its current appropriation period, and it will request funds to make payments in each appropriation period, from now until the end of the term of this I case. (f) This Lease constitutes a valid, legal and binding obligation of Lessee enforceable against Lessee in accordance with the respective terms hereof (g) This Lease is not an arbitrage bond for purposes of Section 148 of the Internal Revenue Code of 1986, as amended, and Lessor and its assigns are entitled to treat the interest portion of the payments to be made hereunder as exempt from federal income taxes under Section 103 (a) of the Internal Revenue Code of 1986; as amended. (h) Lessee shall maintain records relating to the Lessor and its assigns sufficient to comply with the registration requirements of Section 149(a) of the Internal Revenue Code of 1986, as amended. (i) Lessee does not reasonably anticipate that it will issue tax exempt obligations (not including "private activity bonds" as ned in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of $10 million daring 96 calendar year in which this Lease term commences, and this Lease is designated as a qualified tax exempt obligation for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986 relating to deductibility of interest by financial institutions. 2 (j) This Lease is not and shall not become a "private activity bond" within the meaning of Section 141. of the Internal Revenue Code of 1986, as amended. (k) Lessee shall comply with all provisions of the Internal Revenue Code of 1986 which are necessary to preserve the tax exempt status of the interest component of the payments made and to be made under this Lease, including, without limitation, the investment and rebate provisions of Section 148, the prohibition against. federal guaranties under Section 149 (b) and the information reporting requirements of Section 149 (e). 7. WARRANTIES. Lessee agrees that it has selected each item of Equipment based upon its own judgment and disclaims any . reliance upon any statements or representations made by Lessor. LESSOR MAKES NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESSED OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUEgriAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. Lessee agrees to make mental and other payments required hereunder without regard to the condition of the Equipment and to look only to persons other than Lessoe such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason be defective. So long as no Event of Default has occurred and is continuing, Lessor agrees, to the extent they are assignable, to assign to Lessee, without any rereoonnrtse to Lessor, any warranty received by Lessor. 8. T ME. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in the Lessee; provided, however, that (i) upon the occurrence of an Event of Default, as that term is defined in Section 20 hereof, or (ii) in the event that the purchase option, if any, has not beep exercised prior to the expiration date thereof, title will immediately vest in Lessor or its assignee. For as long as title to the Equipment vests in Lessee ,Les= at its expense shall protect and defend the title and keep it free of all claims and liens other than the rights of Lessee hereunder and claims and liens created by or arising through Lessor. The Equipment shall remain personal property regardless of its attachment to realty, and Lessee agrees to take such action at its expense as may be necessary to prevent any third party from acquiring any interest in the Equipment as a result of its attachment to realty. 9. SECURITY AGREEMENT; FURTHER ASSURANCES. To secure the performance of all Lessee's obligations hereunder, Less hereby grants to Lessor a security interest constituting a first lien on the Equipment and on all additions, attachments, rereplacements and modifications thereto or therefor, including all after-acquired Equipment of Lessee, and on any proceeds therefrom Lessee agrees to execute or deliver such additional documents, including, without limitation, financing statements, opinions of counsel, notices and similar instruments, in form satisfactory to Lessor,.which Lessor deems necessary or appropriate to establish and.maintain its security interest in the Equipment or for the confirmation or perfection of this Lease and Lessor's rights hereunder. Lessor is hereby authorized to file financing statements signed only by Lessor in accordance with the Uniform Commercial Code or signed by Lessor as Lessee's attorney in fact. 10. LAWS AND TAXES. Lessee shall comply with all laws and regulations relating to the Equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all license and registration fees now or hereafter imposed by any governmental body or agency upon the Equipment or its use or the rentals hereunder excluding, however, any taxes on or measured . by Lessor's net income. Upon request by Lessor, Lessee shall prepare and file all tax returns relating to taxes for which Lessee is responsible hereunder which Lessee is permitted to file under the laws of the applicable taxing jurisdiction. 11. INDEMNITY. Lessee hereby indemnifies and agrees to save Lessor harmless from any and all liability and expense arising out of the ordering, ownership, use, condition or operation of each item of Equipment during the term of this Lease, including liability for death or injury to persons, damage to property, strict liability under the laws or judicial decisions of any state or the United States, and legal expenses in defending any claim brought to enforce any such liability or expense, but excluding any liability for which Lessee is not responsible under Section 10. 12. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not sell, assign, sublet, pledge, or otherwise encumber oe permit a lien arising through Lessee to exist on or against any interest in this Lease or the Equipment or remove the Equipment ft+om its location referred to above. Lessor may assign its interest in this Lease and sell or grant a security interest in all or any part of the equipment without Lessee's consent Lessee agrees not to assert against any assignee of Lessor any claim or defense Lessee may have against Lessor. 13. INSPECTION. Lessor may inspect the Equipment at any time and from time to time during regular business horns. • 3 REPAIRS. Lessee will use the Equipment with due care and for the purpose for which it is intended. Lessee will maintain the quipment in good repair, condition and working order and will furnish all parts and services required therefore, all at its ow m All such parts when furnished shall immediately become the property of Lessor and part of the Equipment for all purposes hout 15. LOSS OR DAMAGE. In the event any item of Equipment shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason, or in the event of condemnation or seizure of any item of Equipment, Lessee shall promptly pay Lessor (a) the amount of all rent and other amounts payable by Lessee hereunder with respect to such item due but unpaid at the date of such payment plus (b) the amount stated in the Supplement or an exhibit thereto as the Termination Balanoe included in Exhibit "A", plus (c) an amount equal to the applicable final purchase option price set forth in the Supplement or any exhibit thereto. Upon payment of such amount to Lessor, such item shall become the property of Lessee, Lessor will transfer to Lessee, without recourse or warranty, all of Lessors right, title and interest therein, the rent with respect to such item shall terminate, and the basic rental payments on the remaining items shall be reduced accordingly Lessee shall pay any sales and use taxes due on such transfer. Any insurance or condemnation proceeds received shall be credited to Lessee's obligation under this paragraph and Lessee shall be entitled to any surplus. 16. INSURANCE. Lessee shall obtain and maintain on or with respect to the Equipment at its own expense (a) liability insurano against liability for bodily injury and property damage with a minimum limit of $500,000 combined single limit and (b) physical damage insurance insuring against loss or damage to the Equipment in an amount not less than the full replacement value of the Equipment or the amount stated in the Supplement or an exhibit thereto as the Termination Balance. Lessee shall furnish Lessor with certificate of insurance evidencing the issuance of. a policy or policies to Lessee in at least the minimum amounts required herein, naming Lessor as an additional insured thereunder for the liability coverage and as loss payee for the property damage coverage. Each such policy shall be in such form and with such insurers as may be satisfactory to Lessor, and shall contain a clause requiring the insurer to give to Lessor at least 10 days prior written notice of any alteration in the terms of such policy or the cancellation thereof; and a clause specifying that no action or misrepresentation by Lessee shall invalidate such policy. Lessor shall be under no duty to ascertain the existence of or to examine any such policy or to advise Lessee in the event any such policy shall not mply with the requirement thereof In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a tatter or certificate to such effect. 17. RETURN OF THE EQUIPMENT. Upon the expiration or earlier termination of this Lease, unless all payments are made as descnbed in the Supplement, the Lessee will immediately deliver the Equipment to Lessor in the same condition as when delivered to Lessee, ordinary wear and tear excepted, at such location within the continental United States as Lessor shall designate. Lessee shall pay all transportation and other expenses relating to such delivery. 18. ADDITIONAL ACTION. Lessee will promptly execute and deliver to Lessor such further documents and take such further action as Lessor may request in order to more effectively carry out the intent and purpose of this Lease, including the execution and delivery of appropriate financing statements to fully protect Lessors interest hereunder in accordance with the Uniform Commercial Cock or other applicable law. Lessee will furnish, from time to tune. on request, a copy of Lessee's latest annual balance sheet and income statement. 19. LATE CHARGES. If any installment of basic rent is not paid when due or within 5 days thereafter, Lessor may impose a late charge of up to 5% of the amount of the installment but in any event not more than permitted by applicable law. Payments thereafter received shall be applied first to delinquent installments and then to current installmeott. 20. DEFAULT. Each of the following events shall constitute an "Event of Default" hereunder. (a) Lessee shall fail to pay when due any installment on basic rent; (b) Lessee shall fail to observe or perform any other agreement to be observed or performed by Lessee hereunder and the continuance thereof for 10 calendar days following written notice thereof by Lessor to Lessee; (c) any warranty, representation or statement made or furnished to Lessor by or on behalf of Lessee proves to have been false or misleading in any material respect; or (d) Lessee shall voluntarily file, or have filed against it involuntarily, a petition for liquidation, reorganization, . . adjustment of debt, or similar relief under the federal or state Bankruptcy Code or any other present or firtur+e federal or state. bankruptcy or insolvency law, or a trustee, receiver, or liquidator shall be appointed of it or all of a substantial part of its assets. ?L REMEDIES. Lessor and Lessee agree that Lessors damages suffered by reason of an Event of Default are uncertain and not capable of exact measurement at the time this Lease is executed because the value of the Equipment at the expiration of this Lease is uncertain, and therefore they agree that for purposes of this Section 21 "Lessors Loss" as of any date shall be the sum of the 4 following: (1) the amount of all rent and other amounts payable by Lessee hereunder due but unpaid as of such date, plus (2) the amount stated in the Supplement or an exhibit thereto as the Termination Balance, plus (3) an amount equal to the applicably purchase price set forth in the Supplement. Upon the occurrence of an Event of Default and at any time thereafter, Lessor may exercise any one or more of the remedies listed below as Lessor in its sole discretion may lawfully elect; provided, however, that upon the occurrence of an Event of Default specified in Section 20 (d), an amount equal to Lessor's Loss as of the date of such occurrence shall automatically be and become immediately due and payable without notice or demand of any kind. A Lessor may, by written notice to Lessee, terminate this Lease and declare an amount equal to Lessor's Loss as of the date of such . notice to be immediately due and payable, and the same shall thereupon be and become immediately due and payable without further. notice or demand, and all rights of Lessee to use the Equipment shall terminate but Lessee shall be and remain liable as provided in this Section 21. Lessee shall at its expense promptly deliver. the Equipment to Lessor at a location or locations within the continental United States designated by Lessor. Lessor may also enter upon the premises where the Equipment is located and. take immediate possession of and remove the same with or without instituting legal proceedings. B. Lessor may proceed by appropriate court action to. enforce performance by Lessee of the applicable covenants of this Lease or to. recover, for breach of this Lease, Lessor's Loss as of the date Lessor's Loss is declared due and payable hereunder; provided, however, that upon recovery of Lessor's Loss from Lessee in any such action without having to repossess and dispose of the Equipment, Lessor shall transfer the Equipment to Lessee at its then location upon payment of any additional amount. due under clause (C, D, E) below. C. In the event Lessor repossesses the Equipment, Lessor shall either retain the Equipment in full satisfaction of Lessee's obligation hereunder or sell or lease each item of Equipment in such a manner and upon such terms as Lessor may in its sole discretion determine. The proceeds of such sale or lease shall be applied to reimburse Lessor for Lessor's Loss and any additional amount due under clause (D, E) below. Lessee shall be entitled to any surplus and Lessee shall remain liable for any deficiency. For purposes of this subparagraph, the proceeds of any lease of all or any part of the Equipment by Lessor shall be the amount reasonably assigned Lessor as the cost of such Equipment in determining the rent under such Lease. D. Lessor may recover interest on the unpaid balance of Lessor's Loss from date it becomes payable until fully paid at a rate of 8% Per annum. E. Lessor may exercise any other right or remedy available to it by law or by agreement, and may in any event recover legal fees and other expenses incurred by reason of an Event of Default or to the exercise of any remedy hereunder, including expenses of repossession, repair, storage, transportation, and disposition of the Equipment. No remedy given in this section is intended to be exclusive, and each shall be cumulative but only to the extentnecessary.to permit Lessor to recover amounts for which Lessee is liable hereunder. No express or implied waiver by Lessor of any Event of Default shall constitute a waiver of any other Event of Default. 22. NOTICES. Any written notice hereunder to Lessee shall he deemed to have been given when delivered personally or deposited in the United States mails, postage prepaid, addressed to Lessee at its address set forth above or at such other address as may be last known to Lessor. 23. NET LEASE AND UNCONDITIONAL OBLIGATION. This Lease is a completely net lease and Lessee's obligation to pay the rent and amounts payable by Lessee under Sections 15 and 21 is unconditional and not subject to any abatement, reduction, setoff of defense of any kind except as expressly provided herein. 24.. pREPAYMENT. This lease and any related Supplement may be prepaid in whole, but not in part, and on a regular payment date with forty-five (45) days written notice to Lessor, upon payment of the amount set forth as Termination Value on the. Exhibit A attached to said Supplen>eat. 25. NON-CANCELLABLE LEASE. This Lease cannot be canceled or terminated except as expressly provided herein. • 5 . k . MISCELLANEOUS. OFSCELLANEOUS. INDENv Any OU provision Lessees obligations under Sections 10 and 11 shall survive termination of this Lease. 27 of this Lease which is unenforceable in any jurisdiction shall, as to jurisdiction, be . ineffective to the extent of such uncnforceability without invalidating the remaining provisions of this lease, and any such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction. This Lease. shall, in all respects be governed by, and construed in accordance with, the substantive laws of the state in which the Lessee is located. Dated: March 28, 2003 Lessee: Town of Avon, Colorado By: Its: Lessor: Wells Fargo Brokerage Services, LLC By: Its: Investment Banker r 6 Wells Fargo Brokerage Services, LLC SUPPLEMENT TO MASTER LEASE Public Finance Division 1740 Broadway, MAC C7300-011 Denver, CO 80274 Name and address of Lessee: Town of Avon 400 Benchmark Road Avon, Colorado 81620 Supplement # 0900-005 This is. a Supplement to the Governmental Lease-Purchase Master Agreement dated March 28, 2003 between Lessor and Lessee (the "Master Lease") and Supplement dated March 28, 2003. Upon the execution and delivery by Lessor and Lessee of this Supplement, Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the Property described below upon the terms and conditions of this Supplement and the Master Lease. PROPERTY DESCRIPTION Quantity Serial Number 1 1HTSCAAN7XH654234 1999 International Lift Truck 1 1HTSDADR4XH637743 1999 Plow Truck 1 1GNDT13WXWK224749 1998 Chevrolet Blazer 1 1GBBK33FIWFO62189 1998 Chevrolet Crew Cab 1 15GCB2012W1088928 1999 illig Transit Bus Location of Property if different from Lessee's address SCHEDU LE OF RENT PAYMENTS Basic Rental Number Of Advance Payments Payments Payments Rent commencement date: March 28, 2003 $27,748.97 8 -0- Term in months from rent commencement Interest Rate First Payment Final Purchase Due Option Price 22 months 2.95% Aril 30, 2003 $1.00 Rental payment period (check one) ® Quarterly JRN CE AMOUNT: $215,820.15 AL RENT: $221,991.76 Additional Provisions: LESSOR:Wells Fargo Brokerage Services, LLC By Its Investment Banker Date March 28, 2003 Town of Avon, Colorado • March 28.2003 . LESSEE: By Its Date Issuer Town of Avon Equipment Refinance 001. nded $215,820.15 umber of Payments 8 Payments Per Year 4 Interest Rate 2.950%. Commencement 3/28/2003 Closing Date 3/28/2003 Average Life 97 years Exhibit A Pmt Total Payment Due Interest. Payment Due Principal Payment Due After Payment Principal Balance After Payment Termination Value Payment Due Date Annual Interest Amounts $0.00 $215,820.15 Mar 28, 2003 $0.00 1 $27,74897 $56593 $27,183.04 $188,637.11 $190,698.59 Apr 30, 2003 $0.00 2 $27,74897 $1,391.20 $26,357.77 $162,27934 $163,831.60 Ju130, 2003 $0.00 3 $27,74897 $1,196.81 $26,552.16 $135,727.18 $136,84035 Oct 30, 2003 $3,15394 4 $27,74897 $1,00099 $26,74798 $108,979.19 $109,724.27 Jan 30, 2004 $0.00 5 $27,74897 $803.72 $26,945.25 $82,03395 $82,482.77 Apr 30, 2004 $0.00 6 $27,74897 $605.00 $27,14397 $54,88998 $55,115.28 Ju130, 2004 $0.00 7 $27,74897 $404.81 $27,344.16 $27,545.82 $27,621.22 Oct 30, 2004 $2,814.52 8 $27,748.97 $203.15 $27,545.82 $0.00 $1.00 Jan 30; 2005 $203.15 FINAL PURCHASE OPTION PRICE: $1.00 Its: Dated as of: r. Wells Fargo Brokerage Services N Wells Fargo Brokerage Services, LLC SUPPLEMENT TO MASTER LEASE Public Finance Division 1740 Broadway, MAC C7360-011 Denver, CO 80274 Name and address of Lessee; Supplement # 0900-006 Town of Avon 400 Benchmark Road Avon, Colorado 81620 This is a Supplement to the Governmental Lease-Purchase Master Agreement dated March 28, 2003 between Lessor and Lessee (the "Master Lease") and Supplement dated March 28, 2003. Upon the execution and delivery by Lessor and Lessee of.this Supplement, Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the Property described below upon the terms and conditions of this Supplement and the Master Lease. PROPERTY DESCRIPTION Quantity Serial Number 1 1GDJK34J4YF485248 2000 GMC Truck 1 1GTHK33J8YF491557 2000 GMC Truck 1 1FDEX40S7XHB57010 1999 Metro Trans Bus Location of Property (if different from Lessee's address SCHEDU LE OF RENT PAYMENTS Basic Rental Number Of Advance Payments Payments Payments Rent commencement date: March 28, 2003 2 @ $28,897.34 & 1 @ 3 -0- $12,452.20 Term in months from rent commencement Interest Rate First Payment Final Purchase Due Option Price 26 months 2.95% May 15, 2003 $1.00 Rental payment period (check one) . rFOTAL RENT: Additional Provisions: • LESSOR:Wells Fargo Brokerage Services, LLC LESSEE: Town of Avon, Colorado By By its Investment Banker Its Date March 28.2003 Date March 28. 2003 • AMOUNT: Refisanee • Town of Avon E=hi Costs Funded Payment Rate $68,451.80 2.950% 3 Payments 1 per year 2.950% Rate Level Payment $12,452.20 Fetr=.181912 Average Life .89 years 10.7 month Commencement: Mar 28, 2003 Closing Fed Closing Date: Mar 28,20t:; $0.00 Total Payment Interest Principal After Payment. Principal After Payment Termination Payment Doe Pmt Doe Payment Due Payment Due Balance Value Date $0.00 $0.00 $68051.80 Mar 28, 2003 1 $28,897.34 $263.63 $28,633.71 539,818.09 $40,350.70 May 15, 2003 2 $28,897.34 $1,174.63 $27,722.71 $12,095.39 $12,220.02 May 15, 2004 3 $12,452.20 $356.81 $12,095.39 $0.00 $1.00 May 15 2005 • 0 FINAL PURCHASE OPTION PRICE:1 $1.00 Dr. Its; Dated as of Wells Fargo Brokerage Services, LLC SUPPLEMENT TO MASTER LEASE Public Finance Division 1740 Broadway, MAC 07300-011 • Denver, CO 80274 Name and address of Lessee:. Supplement # 0900-007 Town of Avon 400 Benchmark Road Avon, Colorado 81620 This is a Supplement to the Governmental Lease-Purchase Master Agreement dated March 28, 2003 between Lessor and Lessee (the "Master Lease") and Supplement dated March 28, 2003. Upon the execution and delivery by Lessor and Lessee of this Supplement, Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the Property described below upon the terms and conditions of this Supplement and the Master Lease. PROPERTY DESCRIPTION n„ant;ty Serial Number 1 Street Sweeper 1 Snow Plow 1 Bob Cat Location of Property (if different from Lessee's address SCHEDULE OF RENT PAYMLN-1J Basic Rental Number Of Advance Payments Payments Payments Rent commencement date: March 28, 2003 $56,794.15 7 -0- Term in months from rent commencement Interest Rate First Payment Final Purchase Due Option Price 84 months 4.15% arch 28, 2004. $1.00 Rental payment period (check one) ® Annual FINANCE AMOUNT: $339,000.00 AL RENT: Additional Provisions: LESSOR:Wells Fargo Brokerage Services, LLC LESSEE: Town of Avon, Colorado By its investment Banker By Its Date, March 28 2003 Date March 28 2003 • • • Roa4Equ1 EInwix A pmeng Costs Funded Payment Rate _.,.... - 7 Payments - -- Level Payment Average Life $339,000.00 4.150% 1 per year $56,794.15 4.16 years 4.150% Rate Fetr-.167534 50.0 months Commencement: Mar 28, 2003 Closing Fees Closing Date: Mar 28 2003 $0.00 t P Af Total Payment Interest Principal After Payment Principal aymen ter Terminatiaa Payment Due . Date Pmt Due Payment Due Payment Due Balance Value $0.00 $0.00 $339,000.00 Mar 28, 2003 1 $56,794.15 514,068.50 $42,725.65 $296,274.35 5301,639.10 Mar 28, 2004 Z $56,794.15 512,295.39 544,498.77 5251,775.58 $255,703.95 Mar 28, 2005 3 794.15 556 $10,448.69 $46,345.47 $205,430.12 $208,115.14 Mar 28, 2006 4 , $56,794.15 58,525.35 $48,268.80 $157,161.31 5158,813.14 Mar 28, 2007 5 $56,794.15 $6,522.19 $50,271.96 $106,889.36 $107,736.26 Mar 28, 2008 6 $56,794.15 $4,435.91 $52,358.24 554,531.11 $54,820.61 Mar 28, 2009 7 $56,794.15 $2,263.04 $54 31.11 . $0.00 S1.00 Mar 28 2010 C..U"M%Avoa New Money 7 yr.=b 1/31/200310:50 AM Pam Lang • Wells Fargo Brokerage SerAm Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Anne Martens, Assistant Town Engineer Date: February 5, 2003 Re: Resolution No. 03 - 09, Second Amended Condominium Map of Avon Commercial Center, Level 2, A Resubdivision of Units 224 and 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado (0030 West Beaver Creek Blvd.) Summary: Avon Commercial Center, Ltd., owner's of Avon Commercial Center, Level 2, Units 224 and 230, Avon Center at Beaver Creek, have submitted an Amended Condominium Map to Resubdivide Avon Commercial Center, Level 2, Units 224 and 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado. This is a Resubdivision of two existing condominium units. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 03 - 09, Series of 2003, A Resolution Approving the Second Amended Condominium Map of Avon Commercial Center, Level 2, A Resubdivision of Units 224 and 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: CADocuments and Settings\nwood\Local SettingsUemporary Internet Files\O LK2\LABAC@ BC2ndAmend224230. doc TOWN OF AVON RESOLUTION NO. 03 - 09 Series of 2003 A RESOLUTION APPROVING THE SECOND AMENDED CONDOMINIUM MAP OF AVON COMMERICAL CENTER, LEVEL 2, A RESUBDIVISION OF UNITS 224 AND 230, AVON CENTER AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Avon Commercial Center, Ltd., has submitted an Amended Condominium Map of the Avon Commercial Center, Level 2, for a Resubdivision of Units 224 and 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado; and WHEREAS, the Amended Condominium Map has been reviewed by the Town Staff, and WHEREAS, the Amended Condominium Map was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Condominium Map. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Second Amended Condominium Map of Avon Commercial Center, Level 2, A Resubdivision of Units 224 and 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF 52003. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk C:\Documents and Settings\nwood\Local SettingsUemporary Internet Files\OLK2\LAB AC@B C2ndAmend224230Res 03 09. doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager LI/ From: Norm Wood, Town Engineer?x/ I/ ' Anne Martens, Assistant Town Engineer Date: January 30, 2003 Re: Resolution No. 03-10, Series of 2003 Lower Buck Creek Drainage Improvements - Authorization to Acquire Rights-of-Way to Construct Improvements Summary: We are in the process of acquiring the rights-of-way and easements required for construction of the Lower Buck Creek Drainage Improvements. It is possible that the initiation of eminent domain proceedings may be required in the acquisition process for some of these properties. Oftentimes the initiation of this process is necessary to obtain possession of the property for construction, even though the actual acquisition of the property is completed through the negotiation process. Approval of Resolution No. 03-10 is recommended as one of the first steps necessary to begin the rights-of-way and easement acquisition process. Recommendations: Approve Resolution No. 03-10, Series of 2003, A Resolution Declaring the Lower Buck Creek Drainage Improvements to be in Pursuance of a Public Purpose, and Authorizing all Steps Necessary and Proper for Acquisition of all Interests, Rights-of-Way, and/or Easements Needed to Construct Such Improvements. Town Manager Comments: C:\Docwnents And Settings\Nwood\Local Settings\Temporaryy Internet Fi1es\0LK2\Res 03-10 Memo I.Doc RESOLUTION NO. 03-10 SERIES OF 2003 A RESOLUTION DECLARING THE LOWER BUCK CREEK DRAINAGE IMPROVEMENTS TO BE IN PURSUANCE OF A PUBLIC PURPOSE, AND AUTHORIZING ALL STEPS NECESSARY AND PROPER FOR ACQUISITION OF ALL INTERESTS, RIGHTS OF WAY, AND/OR EASEMENTS NEEDED TO CONSTRUCT SUCH IMPROVEMENTS WHEREAS, the Town Council has previously directed, authorized, and budgeted for construction of the Lower Buck Creek Drainage Improvements, and WHEREAS, said improvements will be made in pursuance of the public interest in health, safety, and welfare, and WHEREAS, the construction of said improvements may require the Town of Avon to obtain, through negotiation or exercise of the power of eminent domain, certain interests, rights of way, and/or easements. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town of Avon Council hereby declares the Lower Buck Creek Drainage Improvements to be in pursuance of the public interest and for a public purpose. Section 2. The Town of Avon staff is authorized to engage the services of an appraiser and a title company, and to take all other actions necessary and proper for acquisition of all interests, rights of way, and/or easements needed to perform such improvements, including, but not limited to, acquisition by negotiation or the power of eminent domain. ADOPTED this day of )2003. TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk C:\Documents and Settings\nwood\Local Settings\Temporary Internet Files\OLK2\Resolution 03-10.doc MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL . HELD JANUARY 28, 2003 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Transit Director Harry Taylor, Community Development Director Ruth Borne and Planner Tambi Katieb, as well as members of the press and public. Citizen Input Mayor Buz Reynolds presented 2002 4th quarter bonus awards to Joye Gelo (Finance), Bert Jaramillo, Officer Mike Lundblade, (both from Police), Ron Moreno (Recreation), and Brian Houlihan (Community Development) and thanked them for their extra efforts on behalf of the Town of Avon. Ordinances Public Hearinq - Second Reading Community Development Director Ruth Borne presented Ordinance No. 03-01 on second reading. She noted that the applicant, IDG3 LLC, submitted a PUD amendment for the purpose of extending the expiration deadline for one year. In July, Council granted a 6-month extension (Ordinance 02-17) of the Lot 61 PUD to allow the applicant to explore the opportunities related to the Town Center Plan without lapsing the currently approved PUD. That expiration date is February 3, 2003. She explained that in 1998 the original PUD was approved and in 2001 the Town Center Plan was approved. In the interest of continuing cooperation between the Town and the applicant, P&Z Commission recommended approval of the extension for one-year in Resolution 02-01. Staff has met with the applicant several times to discuss the relationship of Lot 61 PUD to the Town Center Plan and remains concerned that the Lot 61 site-specific development plan does not comply with the terms and conditions of the Town Center Plan. Specifically, the necessary road alignments, setbacks, access, and site constraints contradict the Town Center Plan. Because of these concerns with the site-specific development plan, staff recommended only a 6-month extension to the Commission. Councilor P. Buckley noted that he did not think there was a need for this legislation. The public hearing was opened and no comments were made, so the hearing was closed. Councilor D. Buckley moved to approve on second reading Ordinance No. 03-01, Series of 2003, An Ordinance approving an Amendment of the Lot 61, Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. Councilor Brown seconded the motion and the ordinance passed unanimously. Town Engineer Norm Wood presented Ordinance No. 03-02 for second reading, an ordinance revising the current subdivision review fees. He noted that the ordinance revises the subdivision review fee schedule to more accurately reflect the actual costs associated with the review of the various type subdivisions. The costs have been estimated in accordance with the personnel hourly rate calculations and proposed subdivision review fees. The public hearing was opened, no comments were made and the hearing was closed. Councilor Brown moved to approve Ordinance No. 03-02, Series of 2003, an Ordinance Repealing and Reenacting Section 16.12.040 of Title 16 of the Avon Municipal Code (Subdivision Review Fees). Councilor Sipes seconded the motion and it passed unanimously. First Reading Town Engineer Norm Wood presented Ordinance No. 03-03 on first reading explaining that the action includes revising the public ways permit review and inspection fee schedule to more accurately reflect the actual costs associated with the review and inspection of various types of permits. This action also revises the acceptable security and duration of surety to be submitted to the Town to guarantee faithful performance of the work permitted. Councilor McDevitt moved to approve Ordinance No. 03-03, Series of 2003, An Ordinance repealing and reenacting Section 12.04.110, repealing Section 12.04.130, repealing Section 12.04.220 and repealing and reenacting Section 12.04.280 of Title 12 of the Avon Municipal Code (Streets, Sidewalks and Public Places). Councilor Brown seconded the motion and it passed with a unanimous vote. Resolutions Town Engineer Norm Wood presented Resolution No. 03-08, increasing the plant investment fee charged to new customers by Upper Eagle Regional Water Authority. Councilor P. Buckley indicated that he did not fully understand the proposal. Mike Cacioppo, publisher of Speakout, asked them to explain why the increase will exceed the Denver/Boulder Consumer Price Index. Becky Bultemeier, Finance manager for the Authority was present and explained that the Authority had completed a very comprehensive study of the cost to provide facilities for new customers and the PIF charge appropriate to fund such costs. The purpose of the study was to recommend restructuring the PIF so that the funding for growth would be more fairly allocated to the proper customers. She provided some historical information on the fee structure, noting that the majority of the growth related to debt service is being funded by existing customers through service fees. She proceed to explain that the inequity is projected to become worse in the future if PIF rates are not adjusted, therefore the Authority has decided to unanimously support adopting a new PIF structure hopefully effective April 1, 2003. Because there is an increase greater than the Denver/Boulder Consumer Price Index, the Master Service Contract (dated January 1998) requires each member of the Authority approve the change. Discussion ensued about the research conducted that helped the Authority arrive at their proposed rate structure change. Becky indicated that the Authority has enacted a service fee rate increase for all existing customers of 2% effective January 2003, with increases 2% each year into the future. If the proposed PIF fee is not approved, additional increases in service fees will be made. Both Councilor Sipes and Councilor Wolfe expressed their concern for the Authority's decision to use square footage as a basis for the plant investment fee and believe that it should be driven by peak or average demand. Councilor McDevitt moved to approved Resolution No. 03-08, Series of 2003, A Resolution approving an increase, exceeding the Denver/Boulder Consumer Price Index, for Plant Investment Fees charged to new customers by the Upper Eagle Regional Water Authority in conformance with the amended and restated Master Service Contract regarding water service in the Town of Avon, Eagle County, Colorado. Councilor D. Buckley seconded the motion and it passed with a majority vote (P. Buckley - nay). Regular Council Meeting Page 2 of 3 January 28, 2003 New Business The Council discussed the expense reimbursement agreement listed on the Consent Agenda. The formal request comes from The Kroger Company (owners of City Market) for assistance in issuing tax-exempt debt in order to refund previously issues tax-exempt debt for the purpose Councilor McDevitt believes that Kroger Company disregards Avon's comments on their general business practices by replacing their store brand with national brands. The Town has also requested that Kroger pay sales tax on a monthly basis and they have not complied or responded to that request. He would like to decline their request at this time. Councilor Brown requested that dialogue be opened with Kroger Company. Councilor D. Buckley commented that if the company would not comply with Avon's request, that the Town should approve their request and save the money. Staff would try to contact the appropriate people to come to the table. Councilor Brown moved to table the action on this item. The motion was seconded and passed unanimously. Mayors Report The Council directed the Town Manager to contact the County Commissioners regarding the use of magnesium chloride on the roads they are maintaining. The would like the Commissioners to limit the use of this substance on the roads as well as notify the State of Colorado about limiting their use of this substance on their roads. Councilor P. Buckley commented on the fact that there was plenty of statistics stating that the substance is not harmful, but others did not agree with that. Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley moved to approve the consent agenda below. Councilor Brown seconded the motion and it passed unanimously. a. Approval of the January 14, 2003 Regular Council Meeting Minutes b. Pledge Agreement to Fund Summer 2003 Air Service Assistance Program There being no further business to come before the Council, the meeting adjourned at 6 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Michael Brown Debbie Buckley Peter Buckley Mac McDevitt Buz Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 3 of 3 January 28, 2003 Avon Recreation Department Memo January 23, 2003 To: From: RE: Meryl Jacobs .;? Julie Kessenich American Crown Circus Inc Summary. Attached please find the agreement between American Crown Circus, Inc and the Town of Avon for the Circus on July 31, 2003. Recommendation I recommend that Council approve and sign the attached agreement for the American Crown Circus performance. This family acrobatics circus is America's newest and most beautiful circus. This event brings a new venue for our Special Events schedule. The Town of Avon will be receiving a portion of the revenue of ticket sales. C A Town of Avon 9 P.O. Box 975 * Avon, CO 81620 • 970-748-4032 AMERICAN CROWN CIRCUS, INC. Home Office 4088 Pleasant Rd. Las Vegas, NV. 89108 This Agreement is entered this January 22, 2003 by and between AMERICAN CROWN CIRCUS, INC. (CIRCUS) and P __(SPONSOR). City: State:_CO• Show Date: 7._ Time(s):,_ _6,;.00&_ 8:00 PM THE_CMCUS AC RM 1. To provide two complete .l hr. & 112 Circus performance, including all performers and physical equipment_ 2. To provide full insurance coverage and hold SPONSOR harn1less for all accidental bodily injury or damage to property resulting from CIRCUS A. CTIVITI,ES ONLY and to provide SPONSOR with certificate of insurance in at least the amount of $1, 000, 000 liability coverage showing SPONSOR as additional insured. 3..To clean and place trash in containers,from CIRCUS AM jollowingperformance. 4. To provide SPONSOR with promotional material, manuals to assist with the event and Advance Tickets when requested THE SPONSORL, RF.ES 1. To provide without cost to CIRCUS ,suitable showgrounds (150' x 150 ), level and cleared, with an entrance for vehicles, a drinking water source (hose hook-up) and as visible and close to town as possible. (City Parks, School .Fields, Fairgrounds, Mall & Grocery Parking Lots Ileavy Foot and Auto Traf x Location.) 2. To provide suitable trash containers and to arrange for removcrl of the containers following the CIRCUS 3.To provide all permit,, and licenses as may be required by local government agencies 4. To provide two ticket-takers for each show to meet & greet the audience. 5. Not to Sponsor another Circus, Carnival or similar event 35 days prior to the circus event SPONSOR agrees to make final settlement with C.TRCUS in CASH on all advance sales at 12:00 am on the CIRCUS DAY and at CIRCUS TICKET OFFICE. All unsold tickets shall be returned at that time. All divisions of monies are computed after sales tax has been deducted from gross amount collected if any. IIMMA A T NOMICE.- NO ADVANCE SALE TICKETS ARE TO BE SOLD OR GIVEN AWAY ON CIRCUS :DAY. THE CIRCUS HAS EXCLUSIVE RIGHTS TO OPERATE CONCESSIONS ON SHOW DAY AND SHALL RETAIN ALL PROCEEDS FROM CONCESSION SALES. (Concession: Popcorn, Cotton Candy, Cokes, Sno-Cones, Nachos, Hot Dogs & Peanuts.) TzcAet Cos t-Advance Sale Sponsor to &eceive FREE Child (12 and under) FREE Child tickets will be distributed throughout community, $8.00 Adult (13 and up) Ticke Cost- jv of Show $ 5.00 Child (12 and under) $ 9.00 Adult (13 and up) FOR CIRCUS 9- (avio FOR SPONSOR PRINT NAME & ADDRESS TITLE. DATE (PHYSICAL ADDRESS ONLY) TELEPHONE: W: H: ALTERNATE CONTACT: PHONE: This Agreement is void ifnot signed and returned within M days of offer. This Agreement shall not be canceled without written consent of berth parties. This Agreement is govern under Nevada Laws. 20% of Sales 15% of Sales (Free with coupons & must be accompanied by a paying adult.) 15% of Sales TITLE-V- P__ MJ ENT DATE_-Oj122/03 Julie Kessenich From: John Dunn Uwd c@dunncausey.com] Sent: Wednesday, January 22, 2003 3:32 PM To: Julie Kessenich Subject: RE: American Crown Circus Hi Julie, After the first paragraph 2, suggest we add a sentence, "And to provide Sponsor with certificate of insurance in at least the amount of $1,000,000 liability coverage showing Sponsor as additional insured." John -----Original Message From: Julie Kessenich rmailto:JKessenich(&avon.orcll Sent: Wednesday, January 22, 2003 12:02 PM To: John Dunn Subject: American Crown Circus Hello John, I am going to fax you over a contract that American Crown Circus provided us for their event July 31, 2003. We will not be doing any advance selling of tickets. The American Crown Circus will provider the-workers to sell tickets on the day of the circus. They will also be paying sales tax to the Town of Avon on all taxable items purchased. We will provide two volunteers to take tickets at the event. Can you please review the contract and let me know if you have any comments or concerns? Thank you so much! Kessenich Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood Town Engineer Anne Martens, Assistant Town Engineer Date: February 5, 2003 Re: Buck Creek Drainage Improvements Project (I-70 to Eagle River) Appraisal Services Proposal - Valuation Consultants, Inc. Summary: The attached Proposal for Appraisal Services for the Buck Creek Storm Drainage Improvements Project (I-70 to Eagle River) has been submitted by Valuation Consultants, Inc. The proposed cost of these services is not to exceed $12,500 without written approval and includes appraisals for six properties for permanent and temporary easements required for construction of the Buck Creek Drainage Improvements Proj ect. Approval of the Valuation Consultants, Inc. Proposal for Appraisal Services with an estimated cost not to exceed $12,500 without written approval for the Buck Creek Storm Drainage Improvements Project (I-70 to Eagle River) is recommended. Recommendations: Approve the Valuation Consultants, Inc. proposal for Appraisal Services with an estimated cost not to exceed $12,500 without prior written approval, for six separate parcels as required for construction of the Buck Creek Storm Drainage Improvements Project. Town Manager Comments: ;?5 I:\Engineering\CIP\Stormwater-Buck Creek\2.0 Contract Services\2.7 Appraisal\2.7.3 Service ContractNemo Prpsl Aprvl.Doc VALUATION CONSULTANTS, INC. Real Estate Appraisers - C'ommultxnls 48 East Beaver Crock Boulevard, Suite 206 P.O. Rox 361 Avon, Color?ido 81620 (970) 949-4898 I':ix (970) 949-5376 F'ebruar 4, 2003 Anne Martens Town ol'Avon Box 5370 Avon. CO 81112(1 by Cax: 748-1958 l2C:: Appraisals of.- -Proposed Drainage & grading easements, both permanent caul temporary, to be acquired from: 1. Lot 34 - The Creenhrier property 2. Lot 73/74 - The Comfort Inn Property 3. Lot 40 - corner of W. Heavev Ci-tek Blvd & Benchmark Road 4. Lot 41 - Beaver Creek West / Aeon Lake Villas 5. Lot 46 - Laikeside Terrace 6. Two tracts to ;ether known as the "Confluence" parcel Dear Anne. Pcr our cculversations. please let this truer serve as my proposal regarding the appraisal oCthe above-rot renced proposed easements. It is my understanding that the appraisabs will he prepared lilr use by the Town toward decisions and /ear negotiallons regarding at cuiSitioll of tilt, easenwllis all question. i will submit my opinions and conclusions {o you in the (itrm Iii cornpletc summary appraisal reports wllich will he prepared utilizing aacccpted appruisal techniques and utctltudoluay, in con6ormance with the Standards and Code of Proles ional E=thics of the Apprakatl institute and the requirements ofthe Uniform Standards olTrol'essional Appraisal Practice; My lec lilt preparing and submiltino illy conclusions to you ill,ttnltllaty it11111ats will be: $200 per hotir. not to cxeecd $12,500. It is my undersuindim? that you are in noed ohthese vuluatiom: as soOrl US possible: 1 will make every reasonable cllort to have them (iir you no latter than Fi•id.ly, l ebruaaly 2011' Any type e1l'addilional consultation. deposition. testimony. or other court-related lime required in this matter. il`uny. -,vill Ue billQd ;.cparaate1v at the rato kW$200 per hour plux actual expen es, if attiv. Feb 04 03 12:05P VALUATION CONSULTANTS,INC 970 949-5376 P.3 i I'lease acknowledge that the repoil will be completed in accordatice with the Itlllowting: The appraisal assignment will not be based upon a requested miifimini valuation or specific valuation. Neither employment nor compensation are contingent upon the reporting of a pre-determined value, a direction of the value that favors the cause of the client, the amount of the value estimate, the f attainment ofa stipulated result., or the occurrence of a iub equent event. II'this proposal meets with your approval. please provide an authorized iigrlature and reLum a col%y t)1' ihis letter which will serve as our authorization to proceed. As you knONV. I will need a copy ofthe project plaits & specifications. and will need le)al descriptions depicting the rrspectiv%? permanent and temporary proposed takin-s. including squalti fo>otages ofcaell. As a norrllul Course oChusin??;;;; We will he contacting the property ovvners in order to 1. lot them know we have been en-a-ed to value the affected property and 2. to receive arty input regarding the cascmcnt & propcrty that thc.y may care to relate. " i I look (iirw;nd to working with yc)u. Ple;ztic ldcl lice to contact my ollice with ally questions You r1111V have. i VerVUIV y()Urs. VAXI )N ONSULTANTS, INC. .l/lad Ox, SRA Certified General Appraiser CGOI31 3752 accepted by: ?ltrtu: