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TC Council Packet 11-25-2003
STATE 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 NOVEMBER 25, 2003, AT 2:30 PM TO BE HELD AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 2:30 PM - 3:30 PM 1) Council Committee Updates - Council members are assigned to several committees and update their progress. Shaping the Future - Values & Recommendations for the Eagle Valley (Councilor Wolfe & Councilor Sipes) Water Update (Councilor D. Buckley) Ex Parte Communication (Councilor P. Buckley) Update on Gondola Plan (Mayor Reynolds) 3:30 PM - 4:15 PM 2) Town of Avon Investment Program (Scott Wright) Staff will explain how the Town manages its financial reserves in accordance with State Statutes, Town Charter and its Investment Policy 4:15 PM - 5:20 PM 3) Staff Updates - a. Nottingham Ranch Road Acceptance & Maintenance (Norm Wood) - Update on the road that has not been conveyed to the Town from Traer Creek due to unresolved construction traffic damage b. Financial Matters Report (Scott Wright) - Staff will review revised financial reports. These reports are produced in an effort to review revenues periodically in comparison to the annual budget. c. Proposal to republish the Avon Municipal Code Book (Patty McKenny) - Staff will present a proposal to republish the Avon Municipal Code Book in a more efficient & current format d. Lot 61, Block 2, Benchmark at Beaver Creek, 0075 Benchmark Road, PUD Development Agreement (Norm Wood) - Applicant has requested time-share rights & considerations e. The Village (at Avon) Subdivision Improvement Agreement Public Improvements (Norm Wood) - Staff will present the Public Improvement updates on streets, roads, utilities, grading & landscaping completions f. Swift Gulch Road Extension (Norm Wood) - Staff will present the proposed road design & configuration Consent Agenda Questions AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO BY: Patty McKenny, Town Clerk Estimated times are shown for informational purposes only, subject to change without notice. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON NOVEMBER 21, 2003: ? Avon Municipal Building, Main Lobby ? Avon Recreation Center, Main Lobby ? Alpine Bank, Main Lobby ? City Market, Main Lobby Town Clerk\CouncilWgendas\2003Wvon Council Meeting.03.11.25 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA NOVEMBER 25 2003 - 5:30 PM MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO 1. Call to Order / Roll Call 2. Citizen Input 3. Ordinances 4. Resolutions The Town revises its current year budget, adopts next years budget, and levies property taxes by resolution pursuant to the Town Charter. a. Resolution No. 03-46, Series of 2003, A Resolution to Amend the 2003 Town of Avon Budget (Scott Wright) b. Resolution No. 03-47, Series of 2003, A Resolution to Amend the 2003 Town of Avon Capital Projects Fund Budget (Scott Wright) c. Resolution No. 03-48, Series of 2003, A Resolution to Adopt the 2004 Town of Avon Budget (Scott Wright) d. Resolution No. 03-49, Series of 2003, A Resolution to Accept the Proposed Town of Avon Long Range Capital Program and Simultaneously Adopt the Year 2004 Capital Projects Fund Budget (Scott Wright) e. Resolution No. 03-50, Series of 2003, A Resolution Levying General Property Taxes for the Year 2003, to Help Defray the Costs of Government for the Town of Avon, Colorado, for the 2004 Budget Year (Scott Wright) f. Resolution No. 03-51, Series of 2003, A Resolution Levying General Property Taxes for the Year 2003, to Help Defray the Costs of Government for the Avon Metropolitan District, Avon, Colorado, for the 2004 Budget Year (Scott Wright) 5. New Business 6. Other Business 7. Unfinished Business a. Tract J Bridge, Benchmark at Beaver Creek, Between US Hwy 6 & Sunridge Condominiums (John Dunn) - Set Hearing for Assessment Owner: Grand Eagle Investment Corporation 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Consent Agenda a. Approval of the November 11, 2003 Regular Council Meeting Minutes b. Audit Engagement Letter with Clifton Gunderson (Scott Wright) - the Town engages a firm of Certified Public Accountants to perform an annual audit of its financial statements. c. Service Agreement between Town of Avon & Beaver Creek Metropolitan District (Jacquie Halburnt) - Agreement is for vehicle maintenance and parking at Avon's Swift Gulch facility. d. Service Agreement between Town of Avon & Smith Creek Metropolitan District (Jacquie Halburnt) Agreement is for vehicle maintenance and parking at Avon's Swift Gulch facility. Town Clerk\Counci1Wgendas\2003\Avon Council Meeting.03.11.25 11. Consent Agenda - continued e. Resolution No. 03-52, Series of 2003, A Resolution Approving The Condominium Map, Mountain Vista Commercial Condominium, A Resubdivision Of Lot 4, 'Mountain Vista Resort Subdivision, Town Of Avon, Eagle County, Colorado, 0140 West Beaver Creek Blvd. (Norm Wood) - Approves commercial condominium map for recently constructed building located on the Mall between the Sheraton & the Seasons Building to allow possible sale of individual commercial units. 12. - Adjournment Town Clerk\CounciMgendas\2003Wvon Council Meeting.03.11.25 Memo To: Honorable Mayor and Town Council From: Patty McKenny, Town Clerk Date: November 18, 2003 Re: Information from the Shaping the Future Participants -Values & Recommendations for the Eagle Valley Summary: Ron & Brian asked me to include the attached information & email in your Council packet. The information will be discussed during Council Committee updates. Page 1 of 1 Patty McKenny From: Ron Wolfe email Sent: Tuesday, November 18, 2003 12:33 PM To: Buz Reynolds; Larry Brooks; Patty McKenny; Mac McDevitt email Cc: Brian Sipes Remote email Subject: Request for Agenda Item Brian and I jointly request an item for the next Council Agenda... commendation of the output of the Shaping the Future of the Eagle Valley Course #2 to P&Z as input considerations for the Comprehensive Plan Update. SFEV2 followed the initial SFEV course, this time as a non-credit CMC offering, and was attended by individuals with private, elected and appointed positions in the County. Three subsections, economic, environmental and social, were offered with attendees participating in one of these tracks as well as joint general sessions. The output document, attached file, brings together the collective thinking of all groups. It is not a document that was unanimously accepted in every detail but it is the consensus of the group and reflects the preponderance of thinking. The participants are forwarding it to Eagle County as input to the master Plan update in progress; note that it covers many county-wide issues. Brian and I suggest that the values, thoughts and comments in the document are very applicable to the Town of Avon and should be considered in out update to the Comp. Plan and that such consideration will help to integrate our town into the larger community of the valley. We request that the document be distributed in the next Council packet and that in "Committee Updates" we have a few minutes to discuss it and ask the Council to direct that Community Development and P&Z consider and evaluate, against citizen's thinking, the contents. Ron 11/18/2003 v Shaping the Future Values and Recommendations for the Eagle Valley Shaping the Future Advanced Session Introduction to Shaping the Future Advanced Session Shaping the Future of the Eagle Valley is an advanced seminar course focused on pursuing social, economic and environmental sustainability in Eagle County. The participants of the course are concerned citizens who are involved in various sectors of the community. The broad range of backgrounds and experience represented in the course included; citizen activists, business leaders, non-profit directors, planners, developers and elected officials. The course was designed under the premise that the environment, community and economy of Eagle County do not operate independently but are inextricably linked to one another. Shaping the Future participants have sought to understand these systems as they function in the Eagle Valley. Recognizing the dynamic nature of these interests, the group worked in Environmental, Economic and Social Track Groups as well as in Full Group Sessions. The course consisted of over 20 hours of group and track sessions over a nine week period. The Shaping the Future course utilized information from expert panelists, field trips, pertinent documents and data to better understand the issues affecting Eagle County and the tensions that commonly exist between them. We assert that balancing the economic, social and environmental interests of Eagle County offers the best chance of maintaining quality of life, economic prosperity, ecological health and a vibrant community. Introduction to this document This document reports the input and findings of the Shaping the Future of the Eagle Valley advanced session. It is composed of discussion content, interviews, and written statements from Shaping the Future participants and reflects the general sentiment of the group. Our goal was to create a document that would provide valuable input to the Eagle County Master Plan update and could help guide future planning and projects in Eagle County. The document provides an organized account of our dialogue, process and findings. Additionally, it focused our efforts on the difficult exercise of seeking viable solutions rather than just identifying problems. The document contains three sections; I. Community Values, II. Recommendations, III. Challenges and Opportunities. The value statements in the first section provide a framework for the more specific recommendations in section II. More simply, the values provide a guide post for where we would like to be and the recommendations tell us how to get there. Section III identifies additional opportunities and challenges that we addressed throughout the sessions. The Scope of this document Within the document we refer to Eagle County as a land area, not a government entity. This reference includes all of the communities within that area including towns that are not within the jurisdiction of the Eagle County Master Plan. We refer to the Eagle Valley as the area and communities running from Vail and Red Cliff to Dotsero in relative proximity to the I-70 corridor. Relevance to the Eagle County Master Plan How we plan the physical layout, or land use, of Eagle County has everything to do with the character and viability of our community. For this reason we have paid special attention to the planning process. A primary goal of the course and this document is to provide valuable input to the revision of the Eagle County Master Plan. 1. Community Values A clear vision of where a community is going and an understanding of where it has come from help shape and define its character as it changes over time. The following Community Values lay the foundation of a vision for Eagle County. At a basic level these values and the ensuing recommendations represent a plan of action for achieving the goals of this vision. Going forward, be believe Eagle County must: Manage growth and understand its ultimate impacts. Make Sustainability a unifying vision that balances Environmental, Economic, and Social interests of Eagle County. Ensure that quality social services and a diversity of housing types are accessible to all parts of the community. Protect the Natural Environment. Strengthen community by fostering civic involvement and participation from all parts of the community. Increase collaboration and creative partnerships between government, agencies, organizations and the public to achieve goals and solve complex problems. Create a vital and diverse economic base that functions congruently with the social and environmental characteristics of the valley. 2 4 II. Recommendations The following recommendations are grouped according to the values above into: Growth and Development, Social Services and Housing, Sustainability, Protecting the Natural Environment, Civic Participation, Partnership and Collaboration, Economic Development. Growth and Development We need to understand the different components of development; expansion versus improvement. We want development that improves our communities, but we need to consider if we want more expansion. Growth has played an enormous role in shaping Eagle County, particularly between 1990 and 2000 when our 90% growth rate was the tenth highest in the nation. Growth may increase efficiency, productivity and abundance, but it also produces negative impacts that detract from quality of life and the vitality of the community and environment. Understanding the effects of growth and development on the economy, community and environment is essential to determining the best ways to mitigate their impacts. Eagle County must work diligently to manage growth and its impacts, and promote quality development that is in accord with the natural and man- made features of the Eagle Valley. In addressing growth we must: "Recognize that there are limits to the ultimate amount and form of growth which can occur in Eagle County. " (1996 ECMP, Policy 1, sec C) 1.1. In keeping with this policy, Eagle County needs to develop ways of assessing a sustainable Carrying Capacity (see section III) for Eagle County. 1.2. Strengthen and implement Action 9, Policy 1, of Section C in the 1996 ECMP. 2. Educate leadership and the public regarding growth and options for reducing its impacts. 2.1. Trends and indicators are currently available and should be augmented by other Quality of Life indicators. 2.2. Create a more open dialogue about potential options and solutions to growth and development. 3. Empower community development professionals. Provide them with the necessary and support tools for analysis. 3.1. Empower the community by providing non-teclmical explanation of projects and plans. 3.2. Elected officials should follow the recommendations and policy of their staff and the community. 4. Improve incentives encouraging mixed use, cluster and infill development. Gj 4. 1. Advance existing policies encouraging cluster development in the 1996 ECMP 4.1.1. See [Action 1, Policy 6, Section C], [A: 6, P: 5, Sec: C], [A:1, P:3, Sec:B], and [A:3, P:3, Sec: B] all of which encourage cluster development and should be reflected in the ECLUR's. 4.2. This action will protect valuable open-space, maintain buffers between communities, and create a sense of place in community centers. Determine whether certain developments should be subject to social and environmental impact fees. 5.1. Impact fees can be based on proportionality, where the size and scope of the development is considered or nexus, which considers overall impact of the development. 6. Freeze up-zoning in Eagle County. 6.1. Current zoning would still permit a population increase of 44,000 to 90,000 under this measure. 6.2. Exemptions for affordable housing in cluster style development. 6.3. The measure would allow zoning rights to be traded. 6.4. The county must understand the carrying capacity of its social, economic and environmental infrastructure and the long term impacts of current growth before it can support more up-zoning. 7. Create a Comprehensive Eagle Valley Community Plan. 8. Manage not only the quantity, but also the quality of growth in Eagle County. 9. Abate noise and light pollution associated with growth. 10. Encourage inclusive rather than exclusive types of development. 10.3. Inclusive development is more conducive to open space common areas, and public transportation. 10.2. Exclusive development can reduce community interaction, stress social infrastructure and restrict access to public lands. 10.5. Discourage all development that contributes to wildlife fragmentation, habitat loss and sprawl. Affordable Housing and Social Services Housing: While it is not the obligation of the public or the government to provide housing for everyone who would like to live here, it is important that we provide the opportunity -not guarantee- for the work force to become vested members of the community by living within it. There are significant social and economic costs for a community that is unable to house its workforce. Locally we have a need for housing at both the lower and middle income levels. The county and towns should partner with 4 developers and the community to determine the right mix of regulation and incentive needed to increase lower and middle income housing stock throughout the valley. To improve the housing needs of the community we should: 1. Provide a diversity of housing throughout Eagle County. Housing should be located in communities where jobs are so that people can live close to where they work. 2. Build affordable and low income housing with attention to the quality and character of the neighborhood. Provide a "mixed bag" of tools, incentives and programs as alternative solutions to the housing problem. These would give developers and the community more options and flexibility and could include: 3.1. Incentive programs for developers and businesses to provide housing 3.2. A voucher system for qualified citizens. 3.3. Reinstating the Eagle County Housing Trust. 3.4. Increased collaboration between the county, municipalities and stakeholders. 4. Partner local government entities, organizations and stakeholders to determine solutions to health and child care needs. Social Services: As a community we should strive to meet the basic needs of the public. In the context of land use planning, our physical layout directly influences the functioning of our community. This applies to common areas such as parks, open space and commercial centers which create opportunities for social interaction, as well as the facilities and services that maintain the health and well being of the community. We are fortunate to have good public amenities for enjoyment of culture, recreation and the arts. We should ensure that we are also providing for the more basic needs of the community. Health Care, Child Care and Elderly Care have been identified as areas that need specific attention in Eagle County. Currently, we are growing beyond our capabilities to care for the community in these areas. To address this situation we should: 1. Provide the public and elected officials with more specific information regarding the unmet needs of the community. 1.1. We need a clearer understanding of the costs and impacts associated with not meeting these demands, particularly in relation to health and child care. 2. Develop a clearer understanding of the impacts of growth on our social service infrastructure. 3. Increase collaboration between developers, government and organizations to encourage the inclusion of needed facilities into future development projects. 4. Provide additional support to the Eagle County Health and Social Services Department, and non-profit organizations such as Habitat for Humanity. Sustainability Sustainability meets the needs of the present generation without compromising the ability of future generations to meet their own needs. It is a balance of our natural, economic and social systems that allows for the long term health of each. To this end: ? Resources should not be used faster than they are recharged or replenished by the environment. Resource consumption and development is limited by the carrying capacity (defined in section III) of the Valley. ? Resources should be used with the greatest practical efficiency, and renewable resources should be utilized whenever possible. ? There should be no accumulation of persistent wastes that do not biodegrade. ? Our economy is a subsystem of the environment and depends upon it for its own prosperity. In our valley, the environment is our economy; the two are inseparable. To achieve a more sustainable community we must: 1. Adopt updated energy and building codes to advance energy efficiency and renewable power generation in new developments and public buildings. 2. Become a leader in sustainability by enlisting local government, business and the public in its vision. 2.1. This can further define our sense of place and foster civic pride. 3. Create incentive and fee programs to promote energy efficiency and green building. 3.1. Reward those who lead the way in creating a more sustainable community. 3.2. Impose a fee system on those using a disproportionate share of resources. 3.2.1 Houses or developments that reached a certain size criteria would need to meet resource standards using green building and design practices or could pay an in-lieu-of fee to opt out of compliance. 4. Support alternative modes of transportation including: rail transit, bus, bicycle, pedestrian, van and car pools, and car sharing programs. 4.1. Actions 2 and 3 of Guiding Policy 6 in the 1996 ECMP encourage use of clean burning fuels in public transit and county vehicles and need to be pursued. 5. Aggressively reduce and divert waste and materials from the Eagle County landfill through the following actions: 5.1. Initiate (where not available) and promote curbside residential recycling. 5.2. Promote multiplex residential and commercial recycling through incentives. 6 S 5.3. Implement a centralized composting system and promote "green waste" diversion through incentives to businesses and residences. 5.4. Implement a used building material exchange. 5.5. Develop paper and cardboard (the largest component of the landfill profile) recycling incentives. 5.6. Implement variable rate or "pay-as-you-throw" haul rates for residences and businesses that create incentive for conservation, reuse, and recycling. Protecting the Natural Environment One of Eagle County's greatest assets is the beauty of our natural environment. It provides a place to recreate, is the base of our economic engine, and for many people it is the reason why they chose to live here. Respect and appreciation of the environment should direct our actions, decision making and future development. Beyond its aesthetic and recreational value, the environment provides invaluable resources and ecosystem services that allow us to live here. Environmental protection deserves the utmost attention in decisions and policy making and should provide a foundation for the future vision of our community. Water: Protection of surface and ground water is vital. The value of the Eagle and Colorado River Watersheds is immeasurable. Much work has been and continues to be done to protect and enhance water resources in Eagle County. However, the rapid rate of growth adds increasing pressure to this fragile resource, to ensure that the health and vitality of our water we must: 1. Follow the policy and goals of the Eagle River Watershed Plan. 2. Develop a better understanding of the economic value of the Eagle and Colorado Rivers. 2.1. The Frying Pan economic study provides an excellent example of this exercise. 3. Support the work of the Eagle River Watershed Council. 2.1. Incorporate the findings of the Eagle River Inventory and assessment into future policy and use decisions. 2.2. Provide support and partnership on projects that improve habitat and water and improve recreational opportunities. 4. Keep our water in-basin and protect/enhance in-stream flows. 3.1. Storage projects in Eagle County should only be developed to meet our own needs and must provide a direct benefit to the community and environment. 3.2. Diversions from the Eagle River require augmentation. 3.3. Develop a better understanding of future water needs. 3.4. Assess current ground water recharge to better manage groundwater resources. 7 I 5. Prohibit development that will negatively impact riparian and flood plain habitat. 6. Reduce non-point source pollution by implementing: 6.1. A storm-water management plan. 6.2. Stricter standards and enforcement of construction site runoff. 7. Support environmentally sensitive enhancement of recreational opportunities. 6.1. Habitat enhancement projects, whitewater parks, and maintaining established put-in and take-out sites are examples of projects that benefit the river, economy and community if done correctly. 8. Increase biological monitoring within the Eagle River Watershed. 8.1. Eagle County should work more closely with agencies and organizations that are directly involved in this process. Open Space: Protecting the remaining open space in Eagle County for its environmental, recreational, and cultural value is among our greatest concerns. To this end we need to: 1. Create and support the Open Space Advisory Committee to appropriate County open space funds. 2. Develop an open space over lay map to better understand existing opportunities for the protection of available open space. 3. Support the efforts of the Eagle Valley Land Trust. 4. Implement and strengthen existing policy designed to protect open space in Eagle County. 6. Prohibit further ridge-line and steep-slope development to protect natural views, reduce slope erosion, and protect slope stability. 7. Reconsider current policy that considers golf courses as open space, wildlife corridors, or wildlife habitat. Wildlife: Eagle County is home to an amazing array of living organisms. All are an important part of our ecological systems. Beyond the inherent value of wildlife, many species also play an integral role in our economy. Understanding and the value of wildlife, from an ecological and an economic standpoint allows us to see why we must make every effort to protect our wildlife. Loss of habitat is the greatest threat to wildlife in Eagle County. In order to protect the wildlife we have we need to: 1. Develop and share economic assessments of environmental and wildlife resources. 1. 1. This includes nature tours, hiking, biking, hunting, fishing and other industries that depend on the enjoyment of nature. 3. Restrict development in critical wildlife habitat areas. 4. Identify, and preserve wildlife migration corridors in Eagle County. Improve and create wildlife crossing points along busy roads and highways. 4.1. Create additional crossing points along I-70, Hwy's 6 and 131 to improve driver safety and reduce wildlife mortality. 4.2. A study of wildlife under/over-passes on the Trans-Canada Highway showed a 900% reduction in mortality rates. Community Participation and Involvement Eagle County should strive to be a community that promotes social cohesion and participation by encouraging the interaction and involvement of our people. A strong civic life increases our capacity to work, plan and interact in ways that make the community stronger and more efficient. Public involvement improves the efficiency and function of government. Our economic success hinges on our civic capacity as well. Our ability to meet future challenges and maintain quality of life depends on a vital and engaged community. We must ensure that our social system is one that fosters this type of participation, involvement and interaction. To accomplish this we must: Increase civic participation and involvement to promote a stronger community and sense of place. 2. Recognize the importance of collaboration. 2.1. Collaboration among leaders of all community sectors and the public ensures better more informed perspectives and solutions and broad support for resulting actions. 2.2. We should seek avenues for actively increasing collaboration between all sectors of the community. 3. Create policy that helps to build community not fragment it. 4. Improve and streamline communication between governing bodies and the community, to ensure that people can be involved in things of interest to them in a timely and organized manner. Economic Development Economic Development is a vital aspect of any community. The economic climate of Eagle County has long been based primarily in tourism and development, but that climate is changing. For some time communities within Eagle County have been working to 9 diversify the economy and to reduce the seasonality of our economy. As a community we need to be proactive in the development of our economy as it will certainly grow as we do and without direction it may look quite different than we expect. Shaping our economy must occur in step with shaping our community as the one will most definitely shape the other. To develop our economy in a manner that fits our community we must: Fit our economy to the natural and man-made characteristics of the valley and be of a scale and scope of that best fits our environmental and social values. 1.1. Recreation should continue to be a centerpiece of the economy. 1.1.1. Improve cooperation among government and the private sector to promote the recreation industry. 1.1.2. Support events and programs that improve our reputation as a recreation destination. 1.1.3. Ensure that commercial / retail development occurs in the most economically viable locations to fit the scale and character of those areas. 2. Focus Economic Development towards attracting the right kind of business and jobs; those offering higher wages to permanent residents, not more minimum wage service sector jobs. 3. Promote primary job creation as a means of stabilizing the permanent community. 3.1. Promote entrepreneurship and incubation of jobs and businesses within Eagle County. Steamboat Springs has a good model for this program. 4. Ensure retention of high quality jobs that raise per capita income. 5. Incorporate quality commercial development to broaden sales tax base. 6. Promote Economic Development in H.E.R.F.T. industries: Health, Education, Recreation, Finance, and Technology. 7. Create a healthy, positive business environment which puts mechanisms and attitudes in place to encourage and welcome businesses consistent with community values. 7.1. Prepare and distribute profile data on regular basis. 7.2. Transferable development rights. 7.3. Create entrepreneurial support (enterprise zones). 7.4. Ensure that efficient, consistent and understandable application and review processes and procedures are in place at governmental agencies. 8. Develop an inventory of commercial/retail/recreation assets. 9. Advance identification and analysis of redevelopment opportunities. 10. Plan housing developments so that people can live close to where they work. 10 12 11. Advance the use of Inter-Governmental Agreements (IGA's) towards consolidating economic development and overall services. 4.1. Economically we are more effective and efficient if we think and act collectively. 12. Integrate Economic Development into the concept of community sustainability. 12.1. The environment is "an envelope containing, provisioning, and sustaining the economy." 12.2. The work force and social systems which support it and define our community interactions are also fundamental to the functioning of the economy. 12.3 To this end, pedestrian scale, mixed use developments and developments that allow people to live close to where they work should be encouraged and supported. 12.4 Encourage green building and design in the private sector and in future economic development proposals. 13. Develop a clearer economic vision. 13.1. To create straightforward communication between the community and potential incoming businesses and to better understand how they would fit into our community. 14. Understand the impacts of different types of growth and development on the local economy. 14.1. An economic model that incorporates the Multiplier Effect of different types of growth should be created and utilized. 15. Impose limits to up-zoning. Partnerships and Consolidation Eagle County's communities have come into closer contact and greater levels of interaction. People often live and work on opposite ends of the Valley and are part of the community of more than one town. We need to recognize and address this changing dynamic to take advantage of new opportunities and reduce potential negative effects. The Shaping the Future group sees growing opportunity for partnerships and consolidation between institutions, governments, organizations and communities. We should celebrate the distinctiveness of the communities in the Valley while recognizing that our greatest strength lies in working together as a One Valley Community. To advance this notion we need to: Work together to consolidate appropriate services throughout the Valley. 2. Advance the use of Intergovernmental Agreements to increase efficiency, solve common problems, and achieve shared goals. Advance the notion of a united Eagle Valley community depending not only on the success the individual communities, but the Valley Community as a whole. 11 5. Develop, publicize and regularly update indicators of our success in reaching economic, social and environmental goals in the community. III. Challenges and Opportunities In the following section we offer additional insight to some of the main themes that came out in discussion throughout the course. In some cases these present challenges that need further consideration and work, in others they present opportunities for the community that should be pursued., In general there is a little bit of both, challenge and opportunity, in each of the following theme areas. Quality and Conscientious Development Green Building and Design "We shape our buildings; thereafter, they shape us. Winston Churchill There is widespread perception in the development industry that it is difficult to make money if a project is going to concern itself with environmental and social issues. Many developers fear that integrating these concerns into the quality of the development will delay project schedules and raise costs. The reality is that well executed green development projects can perform well financially and contribute to the well being of the community where they are built. We believe that the communities of Eagle County should not only promote but demand the highest standard of quality from developers who wish to build here. This includes creating resource-efficient, pedestrian-friendly projects that promote connectivity and interaction within the community and are well blended with the existing man made and natural environment. Raising our standard in development and design of our community structures will create a better, more sustainable Eagle County. Community Participation in the Planning Process The training and experience that planning professionals bring to the planning process is invaluable. However, they should not be expected to foresee and understand every variable that may affect a project's outcome. While the general public may lack an understanding of the principles and processes of planning, they can bring valuable experience and perspectives to the process. In the long run, an informed public, guided by the experience of professionals, is likely to produce projects that are more creative and locally appropriate than those in which the public is not involved the planning process. A project that includes the public early in the planning and development process is also less likely to lead to costly disputes and opposition later on. This can lead to faster and more 12 \VA efficient project implementation, a better relationship between the community and the developer, faster completion of the project and a better product in the end. Involving the public in the planning and development process is the duty of the local government, the developer and the public. Clearer communication between the public, local government and the developer is critical to this process. Community Divisions Divisions exist in many areas and at many levels within our community. It is natural for people to feel more comfortable in like minded groups, and in general these tend to be of similar economic and social backgrounds, but extensive divisions within the community can have many negative effects. In the long term these divisions can lead to increased crime rates, deterioration of community trust, disputes over planning and allocation of resources, reduction of civic capacity to deal with problems and threats, and a deterioration of the general "feel" of the community. We should value the diversity within our community and recognize the important roles that we all play within our social system. Creating places for interaction among all parts of the community is one way to combat these divisions. Places to recreate such as parks and open-space, cultural functions and programs that are available to all parts of the community, open markets, pedestrian friendly development and mixed use development are all modes of creating an interactive and diverse community structure. Allowing this interaction creates social cohesion that is vital to creating and maintaining Social Capital. Social Capital Promoting the development of Social Capital received considerable attention from the group and was the focus of the Social Track. Social Capital is a broad concept, but at its most basic level it is like any type of capital; good investment creates returns allowing for further investment. We invest in parks, recreation, open space, schools, and places where people can meet and feel safe, where bonds can be made and basic needs are met. The return is a strong and interactive social system that can get things done and contribute to the economy and maintenance of the community. Building this sense of community tends to create a sense of responsibility and stewardship that can increase volunteerism, and community pride. In the end these types of communities develop a high standard of education, culture, and trust. Social Capital consists of a web of relational norms of behavior and reciprocity that connects individuals. This concept encompasses: 1. The institutions and organizations that people use to regulate their relationships; 2. The norms or covenants that are the essence of these institutions and organizations; 3. The capacity to re-shape these covenants in response to changing needs and circumstances. 13 \1) 4. A strong civic life produces social cohesion, which in turn produces the capacity to make public plans and carry them out. 5. The capacity for public action evolves into connections and institutions through which economic activity can be more easily carried out. 6. The economic success of communities hinges on civic capability. Sustainability and Carrying Capacity Then I say the earth belongs to each... generation during its course, fully and in its own right. The second generation receives it clear of the debts and encumbrances, the third of the second, and so on. For if the first could charge it with a debt, then the earth would belong to the dead and not to the living generation. Then, no generation can contract debts greater than may be paid during the course of it's own existence. Thomas Jefferson Sept. 6, 1789 These concepts are increasingly important to dialogue regarding long range planning but what do they really mean? Both terms are usually considered only within an environmental context, but they apply to social and economic systems as well. Sustainability and Carrying Capacity refer to resource limitations across space and time. Sustainability is a balance which allows environmental health, economic prosperity and social equity to be achieved indefinitely or across generations. It is a concept that concerns itself with limitations to these systems over time. Carrying Capacity is a reference to the limitations of a given physical area. The two are closely related as our ability to be sustainable over time is dependent on our physical limitations. If the earth were infinitely large and had infinite resources we should easily sustain ourselves forever. Both concepts were discussed regularly throughout the course with sustainability being the ultimate goal of balancing the economic, environmental and social interests of Eagle County. Determining the Carrying Capacity of the Eagle County was considered a key component of future planning and management as well, but it is not clear how it should be determined. The carrying capacity of a given area can be increased technologically by extending the capacity of our resources -an example would be a dam for water storage-, but such alterations can have impacts that reduce quality of life in the long run. In our dialogue we agreed on the following definition of carrying capacity. Carrying capacity refers to the number of individuals who can be supported in a given area within resource limits, and without degrading the natural, social and economic environment for present and future generations. The key is to understand what limiting factors could be used to understand the carrying capacity of Eagle County. Physical space, water, and even quality of life are all limiting factors to the ultimate amount of growth that can be sustained in Eagle County. The 14 ?V community should begin to consider these constraints as we work to resolve the impacts of growth in Eagle County. Policy Implementation Our success as a community depends on maintaining good communication and trust between all sectors of the community. The public, if it is to be involved, must know that it will be heard and taken seriously in matters pertaining to the community. Surveys and public input sessions have helped to provide some insight into what our community values. In creating and implementing policy it is of utmost importance that our elected officials reflect those values as well as the values that are written into policy documents such as the Eagle County Master Plan. Furthermore elected officials should be counted on to listen to the recommendations of staff and special commissions or advisory boards. The integrity of this system is vital to keeping a level of trust between the public and elected officials. Community Vision Eagle County must have a vision for the future. It is said that a Sailor without direction will find no wind that can carry him there. Creating a community vision that sets forth goals and helps to define a sense of place will protect the quality of life in Eagle County and direct it towards becoming an even better place to live. This document represents the vision of the Shaping the Future of the Eagle Valley course for Eagle County. Participants Clark Anderson • Ian Anderson • Patsy Betchelder • Kimberly Blackford • Dick Bourett • Aaron Burgamy • Bill Carlson • Charlyn Canada • Luke Cartin • Don Cohen • Peggy Curry • Suzie Davis • Richard DeClark • Doris Dewton • Tom Edwards • Jane Hart • Tom Healy • Pat Hammon • Scot Hunn • Burt Levin • Kristin Lester • Steve Lindstrom • Lyn Morgan • Ken Marchetti • Mike McClinton • George Mossman • Arn Menconi • Anne Menconi • Sybil Navas • Chuck Ogilby • Meredith Ogilby • Adam Palmer • Evelyn Pinney • Susan Pollack • Peter Runyon • Brian Sipes • Matt Scherr • Linn Schorr • Bonnie Vogt • Bob Warner • Ron Wolfe 15 Guest Speakers Richard Lamm • Rebecca Leonard • Kathleen Forinash Wendy Haskins • Cindy Cohagen Tom Clark • Julie Bender Patty Snidow • Catherine Alter • Arlene Quenon Steve Thompson • Buie Seawell • Kevin Dieghan Thanks to: Colorado Mountain College, Berry Creek Middle School, Cascade Hotel, Town of Gypsum, Town of Vail, Eagle County Planning Department, Snow Board Outreach Society, Eagle Valley Alliance for Sutainability 16 Memo Zb: Honorable Mayor and Town Council IU-tt: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: November 20, 2003 Re: Investment Program Summary: On Tuesday, staff and representatives from MBIA Municipal Investors Service Corporation will review with Council the Town's investment program, current portfolio, and investment policy. We will have several handouts at that time including some suggested changes to the Town's investment policy. Town Manager Comments: Page 1 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer %?Zl/ Date: November 19, 2003 Re: Nottingham Ranch Road - Acceptance and Maintenance Requested Asphalt Overlay of Construction Damaged Roadway Summary: We received the attached letter from Darlene Sisneros, McGeady Sisneros, P.C., regarding pavement repairs and maintenance cost responsibilities for Nottingham Ranch Road. This is the road that extends easterly from Post Boulevard by the Church of Jesus Christ Latter Day Saints and to the Presbyterian Church. We have prepared a Confidential draft response to this letter for your consideration. If council concurs with this response we will forward to the appropriate individuals and entities. If you wish to discuss the response in any detail, you may or may not wish to do so in executive session. Recommendation: Confirm concurrence with Draft Response or provide direction for modifications. Town Mana er Comments: IAEngineeiingWvon Village\1.0 GencluM.I Gen Con-\Nottingham Ranch Road - Memo l.Doc McGEADY SISNEROS, P. G. ATTORNEYS AT LAW 1675 BROADWAY, SUITE 2100 DENVER, COLORADO 80202 TELEPHONE: (303) 592-4380 TELECOPIER: (303) 592-4385 MARYANN M. McG EADY SPECIAL COUNSEL DARLENE SISNEROS MARY JO DOUGHERTY KENNETH M. KOPROWICZ JACOUELINE C. MURPHY MEGAN BECHER VALERIE D. BROMLEY November 14, 2003 Norm Wood, P.E. Town Engineer Town of Avon 400 Benchmark Rd. Avon, CO 81620 Re: Nottingham Ranch Road Dear Norm: This letter is being sent on behalf of the Traer Creek Metropolitan District (the "District") to address concerns of the Town of Avon ("Town") regarding Nottingham Ranch Road ("NRR"). It is our understanding that the Town believes that the District's construction traffic caused damage to a section of NRR which is identified on Exhibit A, attached hereto ("Applicable Section") and that due to this damage the Town is having to spend extra maintenance dollars to maintain the Applicable Section ("Extra Maintenance"). The Town has requested that the District be responsible for reimbursing the Town for the Extra Maintenance and has indicated that it plans to include the Extra Maintenance costs in the Municipal Services Invoice for 2003 and 2004 and thereafter until such time as the District repairs the damaged section. Based upon a review of the Annexation Agreement for McGrady Acres, the District has determined that there is no obligation for the District to pay for the Extra Maintenance. The District is, however, willing to agree as follows: (1) to handle maintenance, snow removal, etc for the Applicable Section, until such time as the roadway improvements are conveyed to the Town; (2) to undertake the asphalt leveling and overlaying of the existing asphalt pavement on Applicable Section with two (2) inches of asphalt before December 1, 2010. This commitment is subject to annual budget and appropriation. The timing will be determined by the District in its sole and absolute discretion. (3) to coordinate with the Town to accomplish an administrative replat to designate NRR as a separate tract; and W:\C1ients\435\Con-esp\1tr Norm Wood re NRR.wpd Norm Wood, P.E. November 14, 2003 Page 2 (4) once the overlay has been completed, to convey the NRR tract to the Town. The District will not pay any Extra Maintenance costs and such Extra Maintenance costs should not be included on any Municipal Services Invoices. The District will be happy to evidence its commitment in a Letter Agreement. We would appreciate your response to this correspondence. DS/kc c: Board of Directors Deborah D. McCoy Jason Carroll Munsey Ayers W:\C1ients\435\Corresp\1tr Norm Wood re NRR.wpd Very truly yours, EXHIBIT A G? / Qo • fi?",?yfr, r rlf??'lffflf/• '', • • ?Q J• f f o +r_ tu o -r a, N 7 a A z D Zo 'd 6t7 :IT 2002 ?J A01,1 f f f y? I r r r r J fr r / f ? I i a fi !0 ,J.m ?H r ?M l w r ! a19 I I r r f I f r /fJf 1 f f r I r ti l t? j! w ?w 1 a ?m 1 00688vzoZ6:YPd 0?? ?aa.?0 ?ap.?l FINANCIAL MATTERS November 25, 2003 1. YTD Building Revenue Report Actual vs Budget 2. Detail-Real Estate Transfer Taxes 3. Accomodations Tax Worksheet Actual vs Budget 4. Sales Tax Worksheet Actual vs Budget Ll to M dw OD to M Ln m Ln Ln C]p vu'70[- Ln HM O, ?o l0 El 041 10'T 1-4 N LO [- rn H u) LO r- NN CO OO NO 61 Ol H H H r-I r-I rl W U` W unNMO 0610 r1 61 61 NH mo r- -1 O Ln N CD a P? w < Lo MO MNUn?,o - az 10zT ?0kD r-m -irn ?D 110 HQ', a MM(M H Oun(")r- M M < > O N N 10 00 6l[- Ln O O < p? Cl) I N N N I I N N co O W LO N M 0 O -I O r-I H ,H N El r- -1 1- <D r- O O LO H r1 Q C 11c 1 CO [? 0 10 10 l0 - 10 61[- M M CD d' M CO O w N CO Ln I'D V N co O 0 H 5 N Z Or-i MN OICD NN M OD O W W CD -IHN W OMN d, 'T N < > H -1 N M cr cr <r W W Ln ? a 0 N C V 0 0 0 0 0 0 0 0 O O W O O O O 0 0 0 0 O O Q pa - O? C H O 004 H N w W N W U Ln W c ? El - a ? O o W N W N z cz Ln O = Cn CD CD (3) 61 0000 61 rn Cn El 61 O I- l0 O 0 Ln Ln .--I .-I < 'J a . . H r1 H 10 N Ln t` t` M M W < O W r- -1 Ol O El (N W Ln Ln al a) Ln In M N z P i .-i r-I N N 3W O? El z W C W 12? 41 t~ O U El 0000 0000 0 0 U W 0 0 0 0 0 0 0 0 O O rd U . Q M -,v M r-I Ln (D Ln O .-1 ri ?I ?D N LO H O N O N Ln LO LO ZD) Oa H Ln N OI 10061 Ln IV H61HH H C C l0 N CO .-i M .--I Ln 10 M N H lfl lfl ',? H r-I N M v? d+ N S-1 'LS 1~ O Cn r1 I W w II 1 W I cn U) Cn El El W w 44 1 co Cn HH HwU El El ? cn>wH i~ 1 HH(Z fx W W > M tT ?Pi :EW W Wl:4Sr: CD S4 w x Pi W W Cr4 W w O a WW zH U) H (14 aara xO> H Q H < z u H w a Ea ? w a F!r zzH x ,'H O r) ° a w z o U H O m w 0 U) M a I w Z El H?vz <mC()0 w H I Da W w F4 'J W 12i a W p:4 z I M W XU 04 M C]F r? a c? w a U w O p I z a MH W W O H H O El C7 rz -- z E? H z OD U I 0 HMa'a -IN M a a a NO W Ll O 000F? 000< < K, ?U a z U NN N H N NN P E, El HU W D U N N NO Tv' 3,O O O < CO r < Ln LO LO H Ln Ln LO H H E? Town of Avon Real Estate Transfer Tax Calendar Year 2003 Purchaser Name Property Amount Received September Balance Forward $ 1,551,045.38 Title Comp Rockies Refund (139.90) Lawrence, Lynn Christie Lodge Timeshare 100.00 Holiday Christie Lodge Timeshare 44.00 Holiday Christie Lodge Timeshare 20.00 Title Comp Rockies Christie Lodge Timeshare 160.00 Title Comp Rockies Christie Lodge Timeshare 70.00 Timeshare Transfer Christie Lodge Timeshare 2.00 Timeshare Transfer Christie Lodge Timeshare 2.00 Timeshare Transfer Falcon Point #109 week #36 10.20 Timeshare Transfer Falcon Point 2.00 Title Comp Rockies Falcon Pointe #109 week #46 40.00 Title Comp Rockies Falcon Pointe #305 20.00 Huppert, Scott & Kellie Falcon Point #407 2.00 Title Comp Rockies Lakeside Terrace #0802913 1,074.50 Title Comp Rockies Lakeside Terrace Timeshare 489.80 Title Comp Rockies Lakeside Terrace Timeshare 829.70 Title Comp Rockies Mtn. Vista #03-38 36,152.04 Title Comp Rockies Mtn. Vista #03-40 7,587.80 Title Comp Rockies Mtn. Vista #03-39 5,958.20 Title Comp Rockies Mtn. Vista II #09 34,029.50 Title Comp Rockies Mtn. Vista II #10 15,324.62 Marshall, Joseph & Karyn, Lacey Beaver Bench Condo B-22 480.00 Siegener, Bernard Beaver Bench Condo A-5 470.00 Redden, John, Janet & Brent Benchmark @ BC A-3 1,062.56 McGlinn, Edmund Barrancas-1 A-2 3,798.00 Daly, Kevin Barrancas-1 B-4 678.00 Mckinnerney, Stephanie Barrancas-1 B-5 850.00 Glick, Janseely & James Barrancas-1 B-6 4,198.00 Hildreth, Justin & Alexander, Troy Barrancas-1 C-7 598.00 Roberts, Christy Barrancas-1 C-8 798.00 Robinson, Kimberley Barrancas-1 C-9 798.00 Salter, Chad C. Barrancas-1 D-10 734.75 Fischer, Wendy & Mallas James Barrancas-1 D-11 838.00 Hood, Thomas & Yarne Cabal Barrancas-1 D-12 798.00 Fahrney, Travis & Sara Barrancas-1 E-13 598.00 Manzanares, Kelley & Damon Barrancas-1 E-14 398.00 Hayes, Bryce Barrancas-1 E-15 798.00 Groblebe, Victoria Katherine Barrancas-1 F-16 850.00 Carpenter, Michael A. Barrancas-1 F-17 498.00 DeCrausaz, Debra Barrancas-1 F-18 1,294.00 Page 1 Town of Avon Real Estate Transfer Tax Calendar Year 2003 Purchaser Name Rewold, Michele & Mitchell Thrasher, John Keith Helt, Robert & Hall Sandra Sheehan, William Lines, Jason Meehan, James & Sarah Doyle, Christorpher McMillan, Michael & Jane Wellmuth, Ann M. Handron, Dorothea & Clement Fleischer, Sharon Hopper, Richard Jr Walter, Dorothy Kuk, Peter 908 Chiming Bells, LLC Fancher, Edward & Jennie Vail Tenure, LLC Dreisbach, Susan L. 5061 E. Wildridge Trust Mitchell, William & Patricia Purdy, Robert & Karen Trust Property Amount Received Saddleridge @ Avon #3 5,520.00 Ballas West #F 550.00 Alpenflora Condo #8 2,100.00 Avon Crossing 111 #3307 1,300.00 Avon Crossing 111 #4205 1,260.00 Avon Crossing #3211 4,300.00 Avon Lake Villas Condo R-1 1,300.00 Chapel Sq Bld B #BR-313 4,780.00 Lodge @ Brookside #305 5,400.00 Seasons @ Avon #223 3,780.00 Seasons @ Avon #321 3,850.00 Seasons @ Avon #205 744.74 Canyon Run G102 8,600.00 2929 June Crk Trail #B 4,600.00 Lot 79, Mtn Star 74,000.00 Lot 18, Eaglebend 12,940.00 Westgate #111 100.00 Lot 38W, Blk 3 Wildridge 13,200.00 Lot 75 B, Blk 4 Wildridge 10,160.00 Lot 22 B, Blk 3 Wildridge 10,570.00 Lot 6, Blk 4 Wildridge 5,000.00 Total October Revenue Total YTD Revenue Total 2003 YTD Budget 296,370.51 1,847,415.89 2,100,000.00 Variance to Budget +/- $ (252,584.11) Page 2 N O N C O m O U N v E O O o ? U (6 O c O U Cl) O O O () N O H } O M m 7 O W m LLJ =a cn Y O a? Z ?: NO O X (/, Q N a ~ LL. 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LO 0 M r- m M t` C m O N (O N (O M M m C N (O M m ti m O N O w m u O W O (O N (f) O (O N C m 0 (D m " M N N Q (D N (D (D O h C V co 't r r N r r c 63 r"t "t M M V M M (D N C N N M m m 0 (D M r t? N O t? m (O (O N m (O (O N (O M C LO (D M (n (D O V P- (D C M rO m r M N N N M a0 U m N r J LO N O N r CV 0 0 CO V' tO r r N N r r 0 FR e N (O ((') O N M O O W ti M M O m N 613 O O O O O LO m N 691 V r O r N 64 W M co (D N 64 N N N :li "It Cl) N c? O m N FR r t? (O M ti N «3 D O O i L 7 .fl i - T T O O N m Q t > U 0 a) U- Q ?) Q U) 0 Z r-) a w •? W z c yy 1% i Q Q 04. O 0) z a O W Cl) J . a? Cl)w Q o M CO 0 0 0 0 0 0 0 0 O N M N LO M C M (D O O CD C) C) O O L 0 00 N r- N N N 0 0 0 m 0 r O O O U F- 0 0 LO r O LO N m N r• N <t M LO r (D "t - LO "t 0 . (D L( O CD LO N M 0 0 r- N co r CO O LO M M O M ? O M N LO N C') N -It (Al 0 ? 0 p N N l r m C ( 0 L ( D IP 0 LO m (fl N * m m M r- O Cl) O N (D N m 00 (p (D CO r N M r- LO m 0 CD Cl) m (3) (0 co N 't ' d M N C) M M M H m m ?t CO C:) U') r- M O N V N 0 0 0 r` M LO LO M (D r LO M M 2 O h r- m O O O LO LO N r- (D CD co N co LO N CO r- N N O m N ll*? (C (C m I 0 O Lr) V M 00 rr CO CO N LO 00 ,t O m 00 co r- 00 <} 00 r- N O O O CO N CO C) N N M Co co Cl) Cl) M M O 00 N r- m r ? N M r- M (D M OR 't Cfl M r M M LO O W LO O M CO r- cr M r- N N (D r m m 00 N r- 00 V LO 00 LO 00 r N r- 'ct O M (C O Ollz? r- O 00 O r C7 N m m LO O LO 00 m O O N 00 m LO m ;; M N h N V V' N N M M m Cl) M M (D (9 CD O O r N M m u LO M r- r (D O (D O m LO C r r m LO I- N_ V C0 LL N M d' O M (mD W O N (D M (C O r O O N d' LO co M m Nt V' M M Cl) a ER W m It M (D m N O O m a M LO m V M O Lf') LO m O m Lf m r m co r- o (D C) r c? m LO 00 ;) CO r- v o m r- r O r= N O O r CA rn r- r r O m r- r- r, CO co L1') O LO O m r O LO m LO Cl) 00 m O r` N N C N M M ? M N M M M M (S (D O M (D m N (D N C m m M LO LO -It M N LO C M N M m O L(') LO ? M V M c D) CrM m M V ti c 3i 'Ili LO M a m r- V N LO LO LO M "t LO O c m M m r- O CD m m (O m m N (L co M V M N M M M M N M u H} O (D N O M M (D M M C O LO r: m 0 r` m _ M LO C N r r` m N m O co LO M r N r m m r- M tb r O M r- r Op _ O tO O LO O O C ? m m O O m ti O M M U') LO C r r- (D r V M r- (D M O M u M M 'ct M N M M M m m M u 64 0 r LO N CO It N N T yg m N r- LO LO N co M Ef3 O O N Y N N LO V N tO m O co co CD 69 co r O m co V' m LC) r co r: LO co M 4 613 N r` m co N LO V 69 CD m co co -li 61) N L 7 Q N (u 0 i - N -?i LL Q '? Q co 0 Z r) Memo To: Mayor & Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny, Town Clerk Date: November 19, 2003 Re: Proposal to Republish Avon Municipal Code Summary: In light of the current physical condition of Avon's Municipal Code Book, I've compiled some information about republishing the Code Book. The Town Council is therefore asked to consider a proposal from Colorado Code Publishing Company that outlines this republication service. Background: The current Avon Municipal Code Book is in its original format of courier font with print on one side per page with approximately 600 pages bound in the green binder. It has gotten to the point where it is awkward to add any supplements to the book due to its size. When supplements are returned, sometimes the font is different and pages are not fully utilized; generally, taking on a very sloppy appearance. The Town has used Book Publishing Company as its vendor over the years, a Seattle based company. LexisNexis acquired Book Publishing in 2001, an international company that provides legal, corporate, government & academic information to the related markets. Since I have been with the Town, have found it difficult sometimes to deal with such a large company in obtaining supplements on a timely basis and in just having one person to deal with when questions arise. I therefore decided to contact a local Colorado vendor, Colorado Code Publishing Company, whom I have successfully dealt with in the past, to obtain information on their services. Attached is some information on their Code Publishing Services & list of clients. I decided to further explore with the vendor the option of republishing Avon's Code Book. Discussion: A further look at what the Town would receive if Colorado Code were to assist in the republication is as follows: ? Review of the contents for consistency, any errors, omissions or inconsistencies will be noted & corrected. ? Convert Code to a two-column format, reducing the current size of the book. ? Headings at top of each page, indicating title names & a section number on each page. ? Complete table of contents for each title will be prepared and amended as necessary. ? An index will be prepared with contents reviewed for accuracy and ease of use. The ordinance disposition table will be updated & a table of up-to-date pages will be created. ? Future supplementation will be provided, as set forth in the publishing agreement. ? Provide for 40 new codebooks, in new embossed binders and with divider tabs. ? Capability to host Code on the internet on Colorado Code's website - this warrants additional costs & services outlined in the publishing agreement & would be a budgeted item from Town Clerk's budget. I presented some of this information to John Dunn & staff and it was decided to present this information to you. I will provide a sample of what the Code Book will look like at the work session. One of the more beneficial upgrades to the book would be the index. The complete publishing agreement is attached as well. Financial Implications: The cost for republishing services is $4,800. While Avon is certainly evaluating closely all expenditures, this proposal comes to you at this time since a first of the year implementation schedule would work well. Town Manager Comments: J Attachments: ? Colorado Code Publish Company - Intro, Services, Clients ? Publishing Agreement for Municipal Code Republication INTRODUCTION Colorado Code Publishing Company is a Colorado company organized for the purpose of publishing municipal codes for Colorado cities and towns. The principals of the company have many years of direct experience in the preparation and publication of municipal ordinances for Colorado cities and towns. The codification services offered by Colorado Code Publishing Company are responsive to the needs of all cities and towns. Regardless of the size of the municipality, the publishing of a municipal code is an activity requiring the care and thoughtfulness which are demonstrated in our work. Our company, our personnel and our work are all in Colorado, and we are proud of our service offered. Please consider Colorado Code Publishing Company for your municipal publications. CODE PUBLISHING SERVICES Codification Codification is the organizing and publishing of legislative ordinances of general and lasting application into a system of chapters and articles with similar topics and subjects grouped together in logical sequence. Codification includes the publication of a master Table of Contents, chapter Tables of Contents, Code Comparison Table, Disposition of Ordinances Table, Table of Up-to-Date Pages and Index. Recodification Recodification is similar to codification of an original code, except that an existing code is used for the base material rather than original ordinances. A recodification is published in the same manner as a codification and includes the reorganization of the work, new tables, index and additional legislative material if needed or desired. Republication Republication is the publishing of an existing code into the same style and organizational system as it exists. The contents may be checked and verified against original ordinances, sections are properly titled, the tables are completed and the index is reconstructed. The complete work is printed and published in a full-page two-column formaf. Reformatting Reformatting is the publishing of an existing code, including tables and index, into a new style, format and organization. The contents remain essentially the same but are organized into fifteen to twenty major chapters with accurate titles for all sections, revised tables and index. Supplementation When a municipality has passed sufficient ordinances to require a supplement to the code, we examine the code and revising ordinances and prepare supplements to the existing code in the same format and style as presently used. This service is provided as often as requested - every month, annually or any other period specified. Internet Service Colorado Code Publishing offers Internet service for any municipal code and will host the municipal code on its Internet site. The code will be converted to a pdf file with a full-page single-column layout and flowing text. A link to Adobe Reader is available for downloading prior to opening a code online. - 5 - Word searches are accomplished in two stages. Initially, at the table of contents page, a search engine is utilized to search the entire code for words and phrases. This search will identify matches within the various chapters of the code. Then the identified chapter may be searched. Once a chapter is opened with Adobe Reader, the search feature (binocular icon) will assist in finding the word in the chapter. The table of contents for each chapter is also available. The charges for this service are broken into various parts. To prepare the code initially for conversion and setup on the Internet, the charge is based on the size of the code. Thereafter, there is a setup fee for each page with supplementation changes. Once the code is on line, a monthly fee is charged and billed quarterly, for maintenance, storage and hosting of the code on the Internet. Each municipality will be able to establish a link to the site for Internet access to the code from the municipality's website. Specialized Municipal Publishing A city or town often publishes ordinances, rules, regulations or other directives for general dissemination or distribution. We are familiar with the language, terminology and organizational contents of municipal publications. We will publish your building code, development code, land use code or other municipal publications in the same concise and accurate manner as is available for the publication of any municipal code. PC-Based Publishing All code data is maintained, stored and managed in a computer. Upon request, your revised code on a 3'/z" floppy disk or CD-ROM is available to your city or town for your reference. Codes published by Colorado Code Publishing Company are offered in electronic media, either MSWord or other popular word processing software. After each update, the floppy disk is mailed to the city or town at a nominal cost, for use by the subscribing city or town as desired. Specialized Service Formatting Options. We can customize a format for your needs. You may desire a single-column large print format, in the style of a book. Or you may choose a two-column style, with either single-sided or duplexed pages. Generally, the two-column, duplex format is used to reduce the size of the code book, but a smaller city or town may prefer the single- sided format to give substance to the finished book. Loose-Leaf Binders to Fit Code. Colorado Code Publishing has binders available which will match your needs. We recommend a three-post custom binder with a vinyl simulated leather outer cover, with your municipality's name printed on the spine and front cover. The thickness of the binder will be closely matched to the number of pages contained in your code. -6- Reprints of Selected Code Sections. If you desire reprints of any sections or chapters from your code, we will organize and title them appropriately, provide a separate table of contents and index if desired, and bind the finished product in a cover or binder of your choice. Distribution Services. Completed supplements will be mailed to the municipal clerk and, if desired, directly to subscribers for an additional charge, such charge depending upon the frequency and bulk of mailings. Reasonable Rates. Our standard service includes organizing, formatting and editing of text, construction of table of contents, ordinance tables and index and compilation of legislative history. The finished code books will be delivered complete with embossed binders and tabs. Costs of publication vary, depending upon the degree of your involvement in the process. For instance, if your current organization and format are sufficient for your needs, our editing time is reduced. Or, if your code requires major revisions of content or organization, the cost will be adjusted accordingly. Because of the number of options available, it is difficult to estimate an amount for any particular publication. Once we receive further direction from you and have the opportunity to examine your code book and the number of ordinances involved, we would be able to provide an accurate estimate of the amount it would take to complete this project. 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All Rights Reserved. Site design by: Jolene Fox Last updated: 11-2-2003 http://www.colocode.com/clients.html 11/19/2003 PUBLISHING AGREEMENT FOR MUNICIPAL CODE REPUBLICATION THIS AGREEMENT is made and entered into this day of , 2003, by and between COLORADO CODE PUBLISHING COMPANY, a Colorado corporation, hereinafter referred to as the "Publisher," and the TOWN OF AVON, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town." (a) Republication. The Publisher agrees to undertake on behalf of the Town the republishing services which are described below, at the price established herein: (1) The Publisher shall convert the existing Charter, Municipal Code and general legislative ordinances into a published municipal code (the "Code") and computer-based word processing system, which will be frilly accessible in Microsoft Word software. (2) The Code will be reviewed for consistency and minor grammatical corrections. No substantial changes shall be made to the content of the Code. A list of the proposed corrections, additions and deletions will be compiled by the Publisher for review by the Town. (3) Ordinances adopted for supplementation into the Code will be incorporated into the Code at the time of republication. No charge shall be made for the first 25 code pages affected by the adopted ordinances. (Tables of contents, reference tables and index pages will be excluded from the counted "free" pages but will be included in the republication at no additional cost.) Additional supplemented pages after the first 25 pages shall be charged at the rate established in Paragraph (e)(5) below. (4) The Code will be printed in a modern two-column format, containing the original tables, graphs and charts. In addition, the completed Code will contain a Table of Contents for each title and a complete Index for the Code. Divider tabs for each title shall be provided. The Code will be assembled in a royal blue two-inch swing-hinge binder with divider tabs, acetate first sheet and last sheet protector, with the Town's name embossed in gold letters on the binder. The hardware and binder are unique and offer the most suitable application for municipal code work, providing easy access to the code contents without the damage to contents often associated with ring or post binders. (5) If adoption of the republished Code is deemed necessary by the Town Attorney, the Publisher shall prepare an ordinance which adopts the Code by reference, repealing any ordinances inconsistent therewith as well as providing for such other ordinances or amendments which are necessary for adoption and in conjunction with the final publication of the Code as desired by the Town. (6) All corrections, additions or any other matters which are suggested for inclusion in the Code, together with the final Code, shall be submitted to the Town Attorney for review. Any review of the work by the Town Attorney shall not relieve the Publisher of its obligations under this Agreement. (7) Upon completion of the Code in its final form, the Publisher shall prepare and deliver 40 complete sets of the Code. Each book shall be inserted into an embossed binder with divider tabs, as described above. It is estimated that the final Code will consist of 450 pages, including the tables of contents and index. (b) Cost of Republication. (1) The total cost for the project described in Section (a) above is $4,800.00. One- third ('/3) of the payment shall be invoiced upon execution of this Agreement, one-third ('/3) upon the delivery of the draft of the Code, and the balance upon completion of the contract and delivery of the final Code. Additional sets of the code book will be furnished at a price of $45.00 each when delivered with the code books described above. (2) The cost of the updated code in electronic format, for each occasion when such service is requested, is $25.00 for a floppy disk and $70.00 for a CD. Additional copies of the Code on floppy disk or CD are available at a reduced rate. There is no cost for the first floppy disk or CD upon completion of the republication as described in Section (a) above. (c) Timetable. The procedure and timetable for completion of the work are as follows: (1) After the contract is awarded, the Publisher will enter the existing code and ordinances into a computer-based word processing system for organizing and indexing. A draft will be printed and delivered to the Town within 3 months from receipt of the work, for the Town to review. (2) Within 2 months after editing by the Town and return of the work to the Publisher, additions and corrections will then be made, and the code will be printed, assembled, placed in binders and delivered to the Town. (3) It is anticipated that the total time for the Publisher's preparation of the final work will not exceed 5 months. (d) Reduced Versions. The Publisher offers specialty versions of the completed code, printed on 5.5" x 8.5" paper, in three-ring binders accessible for supplementation. For example, a "police" version of the Code will normally consist of the chapters containing nuisances, animals, traffic and offenses, together with a complete index. Additional information may also be included in this version, at the discretion of the Town. The cost is $16.00 per book, including a binder. (e) Supplementation Services. The Publisher agrees to maintain the Municipal Code by the publication of looseleaf supplements as follows: (1) Publishing service. The Publisher agrees to provide a code supplementation service which provides amendments to the existing municipal code. Such amendments shall include revisions to the Code since the date of the last supplementation, including changes in text, tables of contents, index and legislative history. Page formats will match the Code style. (2) Editorial analysis. The Publisher will analyze the changes that are included in the adopted ordinances to determine their effect on the existing Code. All affected pages, -2- including tables of contents and index pages, will be replaced as part of the supplement. The ordinance disposition table and table of up-to-date pages will be updated with each supplementation. (3) Schedule for publication. The Publisher agrees that, upon receipt of the ordinances from the Town, it will undertake and complete the work of supplementation within 30 days thereafter and mail the completed work to the Town. (4) User assistance. Each supplement will contain an information sheet to assist the individual user in posting the supplement. Instructions will be provided for removal of deleted pages and insertion of new pages. (5) Cost of services. The cost for each supplemented page is $21.00 per set for each page. A page is considered to be the area on 1 side of a sheet of paper. The number of sets of each page will correspond with the number of codes provided to the Town under Section (a) above. (For instance, when a page is supplemented, the Town shall receive 40 sets of that page for a total cost of $21.00.) (6) Mailing. Upon completion of the work, the Publisher will mail the completed supplements to the Town for distribution. (f) Internet Code Service. The Publisher agrees to provide Internet service for the Municipal Code as described below, at the price established herein: (1) Conversion. The Publisher shall convert the Municipal Code to a pdf format at the initial cost of $.75 per page when accomplished with the republication process described in Section (a) above. (2) Monthly maintenance. The Publisher shall host the Municipal Code as last supplemented at its Website at a monthly cost of approximately $33.00, payable in quarterly installments of approximately $99.00. The actual monthly cost is dependent upon the number of pages contained in the Code book and will be determined after republication of the Code. (3) Supplementation update. The Publisher shall update the Municipal Code on the web site in pdf format after supplements are made to the Code, at the rate of $1.00 per supplemented page. (4) Payment. The Publisher shall invoice the Town for the services performed for initial Internet conversion and supplementation, and in advance for the quarterly Internet maintenance. Within 30 days of receipt of the invoice, the Town shall pay the amount owing to the Publisher. (5) Internet timetable. Conversion of the Code will be accomplished within 30 days after adoption of the final Code, and online updates will be accomplished within 15 days of completion of the supplementation. (g) Payment for Services. Upon completion of any of the work described herein, the Publisher will invoice the Town for the work performed. Costs of shipping and handling shall -3- be paid by the Town. The Town will promptly pay the amount due on the invoice within 30 days after receipt of the Publisher's invoice. (h) Term of Agreement. The term of this Agreement shall be in effect for a period of 1 year and shall be automatically renewed thereafter for succeeding one-year terms until 5 years hereafter unless sooner terminated. The Town may terminate the Agreement upon 30 days' written notice. The Publisher may terminate the Agreement after 1 year upon 30 days' written notice. The parties may at any time modify the terms of this Agreement in writing. COLORADO CODE PUBLISHING COMPANY By John H. Huisjen, President ATTEST: Sherry A. McWethy, Secretary (SEAL) TOWN OF AVON, COLORADO By Mayor ATTEST: Town Clerk (SEAL) APPROVED AS TO FORM: Town Attorney -4- Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer. / Date: November 19, 2003 Re: Lot 61, Block 2, Benchmark at Beaver Creek (0075 Benchmark Road) PUD Development Agreement - Requested Time-Share Rights & Considerations Summary: We have been meeting with the Developer/Property Owner on a regular basis to discuss various property rights and considerations being requested in conjunction with a potential PUD Amendment. The Developer has agreed to share the cost of the financial analysis required to evaluate their requests and they have provided basic information to Stan Bernstein to begin the analysis. They have indicated they will be requesting time-share as an allowed use, general office on first level commercial and also potential rebates to a Metropolitan District for parking costs. We do not have the analysis at this time, but anticipate having some preliminary information to discuss at the council work session on November 25, 2003. Recommendation: Provide feedback regarding requested uses and considerations. Town Manager Comments: L\Engineeiing\Development Review\Benchmark At BC\Lot 61 Block 2\Concessions-Council Memo.Doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: November 19, 2003 Re: The Village (at Avon) Subdivision Improvements Agreement - Public Improvements (Streets, Roads, Utilities, Grading and Landscaping) Completion Update Summary: We have been meeting with developers of both The Village (at Avon) Filing 1 (Wal-Mart / Home Depot Area) and The Village (at Avon) Filing 2 (Buffalo Ridge Area) to verify completion of construction of public improvements as stipulated in the corresponding Subdivision Improvement Agreements. The basic improvements have been completed to the extent that minimum access and services are available in the development areas. There are a number of outstanding issues regarding satisfactory completion of the required improvements in both Filings. We do not anticipate that these will be completed and verified for acceptance from now through the winter months. Several of the outstanding items such as asphalt repair cannot be satisfactorily corrected under typical winter weather conditions and the satisfactory completion of other items cannot be verified under typical winter conditions. We will continue to evaluate documentation related to the construction and anticipate that the projects may be satisfactorily completed and ready for closeout early next summer. Town Manager Comments: 1AEngineeiing\Avon Village\1.0 Geneiul\l.1 Gen Con-\Council Update Memo.Doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: November 19, 2003 Re: Swift Gulch Road Extension - Proposed Road Design and Configuration Summary: We have met with Dave Kautz regarding the proposed design of the Swift Gulch Road extension from Buffalo Ridge to Post Boulevard. The conceptual layout presented in this meeting basically followed the alignment and configuration submitted with PLTD Amendment /Sketch Plan Application which was recently denied. We did suggest some revisions to the design including eliminating the left turn lanes and increasing the radius of the curve near the westerly side of the park site. We have a follow-up meeting scheduled with Dave but do not have any updated information related to the proposed design at this time. We anticipate having additional information regarding proposed schedules and details to review with council at the work session on November 25, 2003. Town Manager Comments: C\Engineedng\Avon Village\1.0 GeneiakSwift Gulch Road\Council Update Memo.Doc TOWN OF AVON REGULAR COUNCIL MEETING AGENDA NOVEMBER 25,2003 - 5:30 PM MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO 1. Call to Order/ Roll Call 2. Citizen Input 3. Ordinances 4. Resolutions The Town revises its current year budget, adopts next years budget, and levies property taxes by resolution pursuant to the Town Charter. a. Resolution No. 03-46, Series of 2003, A Resolution to Amend the 2003 Town of Avon Budget (Scott Wright) b. Resolution No. 03-47, Series of 2003, A Resolution to Amend the 2003 Town of Avon Capital Projects Fund Budget (Scott Wright) c. Resolution No. 03-48, Series of 2003, A Resolution to Adopt the 2004 Town of Avon Budget (Scott Wright) d. Resolution No. 03-49, Series of 2003, A Resolution to Accept the Proposed Town of Avon Long Range Capital Program and Simultaneously Adopt the Year 2004 Capital Projects Fund Budget (Scott Wright) e. Resolution No. 03-50, Series of 2003, A Resolution Levying General Property Taxes for the Year 2003, to Help Defray the Costs of Government for the Town of Avon, Colorado, for the 2004 Budget Year (Scott Wright) f. Resolution No. 03-51, Series of 2003, A Resolution Levying General Property Taxes for the Year 2003, to Help Defray the Costs of Government for the Avon Metropolitan District, Avon, Colorado, for the 2004 Budget Year (Scott Wright) 5. New Business 6. Other Business 7. Unfinished Business a. Tract J Bridge, Benchmark at Beaver Creek (Between US Hwy 6 & Sunridge Condominiums) - Set Hearing for Assessment (John Dunn) Owner: Grand Eagle Investment Corporation 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Consent Agenda a. Approval of the November 11, 2003 Regular Council Meeting Minutes b. Audit Engagement Letter with Clifton Gunderson (Scott Wright) c. Service Agreement between Town of Avon & Beaver Creek Metropolitan District - agreement is for vehicle maintenance and parking at Avon's Swift Gulch facility. d. Service Agreement between Town of Avon & Smith Creek metropolitan District - agreement is for vehicle maintenance and parking at Avon's Swift Gulch facility. Town Clerk\Council\Agendas\2003\Avon Council Meeting.03.11.25 11. Consent Agenda - continued e. Sewer Easement for Eagle River & Sanitation District located on Tract G - (Ruth Borne) - easement for sewer service located on Tract G for the benefit of Eagle River Water & Sanitation District. f. Resolution No. 03-52, Series of 2003, A Resolution Approving The Condominium Map, Mountain Vista Commercial Condominium, A Resubdivision Of Lot 4, Mountain Vista Resort Subdivision, Town Of Avon, Eagle County, Colorado. - Approves commercial condominium map for recently constructed building located on the Mall between the Sheraton & the Seasons Building to allow possible sale of individual commercial units. 12. Adjournment Town Clerk\Council\Agendas\2003\Avon Council Meeting. 03.11.25 Memo To: Honorable Mayor and Town Council Thm: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: November 18, 2003 Re: Adoption of 2004 Budget Summary' The final revised budget for 2003 and the final proposed 2004 budget are hereby submitted for adoption by the Avon Town Council. There have been no changes since the public hearing. In addition, 2 resolutions levying property taxes for general operating, debt service and the Avon Metropolitan District are also hereby submitted for adoption. The property tax mill rates are proposed as follows: o General operating purposes - 8.956 mills; o Debt service - 5.140 mills; o Avon Metro District - 3.607 mills. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Attachments: A- Resolution 03-46 B - Resolution 03-48 C - Resolution 03-50 D - Resolution 03-51 Page 1 RESOLUTION NO. 03-46 SERIES OF 2003 A RESOLUTION TO AMEND THE 2003 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2003 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2003, AND ENDING ON THE LAST DAY OF DECEMBER, 2003. WHEREAS, the Town Council of the Town of Avon has adopted the 2003 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2003; and WHEREAS, the Town Council finds it necessary to amend the 2003 budget to more accurately reflect the revenues and expenditures for 2003; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are as follows for 2003: Original or Current Previously Proposed Amended Amended 2003 2003 Budget Budget General Fund Beginning Fund Balance $ 3,484,848 $ 3,484,848 Revenues and Other Sources 10,001,310 9,898,153 Expenditures and Other Uses 9,835,847 10,009,661 Ending Fund Balance 3,650,311 3,373.340 1 Mall Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Wildridge Special Improvement District Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Original or Previously Amended 2003 Budget $ 39,765 90,676 82,077 $ 48,364 Original or Previously Amended 2003 Budget $ 1,965,547 509,200 1,267,822 1,206,925 Original or Previously Amended 2003 Budget $ 5,288 1,243,822 1,243, 822 $ 5,288 Original or Previously Amended 2003 Budget $ 13,478 55,071 56,623 S 11.926 Current Proposed Amended 2003 Budget $ 57,532 76,667 82,077 52.122 Current Proposed Amended 2003 Budget $ 1,965,547 861,000 1,405,152 1,421.395 Current Proposed Amended 2003 Budget $ 5,288 1,243,822 1,238,822 $ 10,288 Current Proposed Amended 2003 Budget $ 15,980 56,221 56,555 $ 15.646 2 AMD Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Finance Authority Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Sherwood Meadows Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Original or Previously Amended 2003 Buffet $ 28,830 488,722 488,722 $ 28,830 Original or Previously Amended 2003 Budget $ 784,668 757,958 757,958 S 784,668 Original or Previously Amended 2003 Budget 1,960,517 1,960,027 490 Original or Previously Amended 2003 Budget $ 1,331 263,476 260,520 $ 4,287 Current Proposed Amended 2003 Budget $ 29,835 488,722 486,722 $ 31,835 Current Proposed Amended 2003 Budget $ 783,640 761,358 761,358 $ 783.640 Current Proposed Amended 2003 Budget $ (47,598) 1,932,664 1,883,068 $ 1.998 Current Proposed Amended 2003 Budget $ 29,160 242,485 266,159 $ 5,486 3 Original or Previously Amended 2003 Budget Fleet Maintenance Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 64,996 1,539,816 1,538,393 $ 66,419 Original or Previously Amended 2003 t Budge $ 805,414 373,768 69,295 $ 1,109,887 Current Proposed Amended 2003 Budget $ 64,996 1,512,576 1,511,848 S 65.724 Current Proposed Amended 2003 Budget $ 836,377 373,768 69,295 $ 1.140.850 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 25th day of November, 2003. ATTEST: Patty McKenny Town Clerk TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor 4 RESOLUTION NO. 03-48 SERIES OF 2003 A RESOLUTION TO ADOPT THE 2004 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a proposed budget to said governing body on October 7, 2003, for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 11, 2003, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for each fund are as follows for 2004: 2004 Proposed Budget General Fund Beginning Fund Balance $ 3,373,340 Revenues and Other Sources 9,545,610 Expenditures and Other Uses 9,576,290 Ending Fund Balance 3,342.660 2004 Proposed Budget Mall Maintenance Fund Beginning Fund Balance $ 52,122 Revenues and Other Sources 77,024 Expenditures and Other Uses 84,290 Ending Fund Balance $ 44,856 2004 Proposed Budget Water Fund Begimling Fund Balance $ 1,421,395 Revenues and Other Sources 232,200 Expenditures and Other Uses 149,413 Ending Fund Balance $ 1,504,182 2004 Proposed Budget Debt Service Fund Beginning Fund Balance $ 10,288 Revenues and Other Sources 1,224,113 Expenditures and Other Uses 1,223,048 Ending Fund Balance $ 11,353 2004 Proposed Budget Wildridge Special Assessment Fund Beginning Fund Balance $ 15,646 Revenues and Other Sources 47,292 Expenditures and Other Uses 62,140 Ending Fund Balance $ 798 2 2004 Proposed Budge Avon Metropolitan District Fund Beginning Fund Balance $ 31,835 Revenues and Other Sources 487,843 Expenditures and Other Uses 487,695 Ending Fund Balance S 31.983 2004 Proposed Budget Finance Authority Fund Beginning Fund Balance $ 783,640 Revenues and Other Sources 756,186 Expenditures and Other Uses 756,186 Ending Fund Balance $ 783,640 2004 Proposed Buffet Transit Enterprise Fund Beginning Fund Balance $ 1,998 Revenues and Other Sources 1,714,216 Expenditures and Other Uses 1,710,160 Ending Fund Balance $ 6,054 2004 Proposed Buffet Sherwood Meadows Enterprise Fund Beginning Fund Balance $ 5,486 Revenues and Other Sources 273,864 Expenditures and Other Uses 272,675 Ending Fund Balance $ 6,675 3 2004 Proposed Budget Fleet Maintenance Internal Service Fund Beginning Fund Balance $ 65,724 Revenues and Other Sources 1,545,629 Expenditures and Other Uses 1,542,324 Ending Fund Balance $ 69,029 2004 Proposed Budget Equip. Replacement Internal Service Fund Beginning Fund Balance $ 1,140,850 Revenues and Other Sources 396,441 Expenditures and Other Uses 177,914 Ending Fund Balance $ 1,359,377 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 25h day of November, 2003. TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny Town Clerk 4 RESOLUTION NO. 03-50 SERIES OF 2003 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2003, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF AVON, COLORADO, FOR THE 2004 BUDGET YEAR WHEREAS, the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law on November 25, 2003; and WHEREAS, the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $1,309,558; and WHEREAS, the amount of money to balance the budget for bonds and interest is $743,993; and WHEREAS, the 2003 valuation for assessment for the Town of Avon, as certified by the County Assessor is $146,221,260. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Avon during the 2004 budget year there is levied a tax of 8.956 mills upon each dollar of the total valuation for assessment of all taxable property within the Town of Avon for the year 2003. Section 2. That for the purpose of meeting all bonds and interest of the Town of Avon during the 2004 budget year there is levied a tax of 5.140 mills upon each dollar of the total valuation for assessment of all taxable property within the Town of Avon for the year 2003. Section 3. That the Mayor is hereby authorized and directed to immediately certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. ADOPTED this 25th day of November, 2003. TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny Town Clerk RESOLUTION NO. 03-51 SERIES OF 2003 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2003, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE AVON METROPOLITAN DISTRICT, AVON, COLORADO, FOR THE 2004 BUDGET YEAR WHEREAS, an Agreement for Dissolution of the Avon Metropolitan District was executed and a petition filed by the District with the District Court of Eagle County and the District was effectively dissolved on May 31, 1998; and WHEREAS, pursuant to the Agreement, the District shall continue in existence as a political subdivision of the State for the sole purpose of securing payment in full of the principal and interest of existing indebtedness; and WHEREAS, pursuant to the Agreement, the Town Council was appointed as the District Board of Directors and shall set mill levies as necessary in order to pay in full the costs of annual payments on the outstanding indebtedness; and WHEREAS, the Town Council of the Town of Avon has adopted the annual budget of the Town of Avon including the Avon Metropolitan District Debt Service Fund in accordance with the Local Government Budget Law on November 25, 2003; and WHEREAS, the amount of money to balance the Avon Metropolitan District Fund budget for bonds and interest is $487,843; and WHEREAS, the 2003 valuation for assessment for the Avon Metropolitan District as certified by the County Assessor is $136,605,490. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That for the purpose of meeting all bonds and interest of the Town of Avon during the 2004 budget year there is levied a tax of 3.607 mills upon each dollar of the total valuation for assessment of all taxable property within the Avon Metropolitan District for the year 2003. Section 2. That the Mayor is hereby authorized and directed to immediately certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Avon Metropolitan District as hereinabove determined and set. ADOPTED this 25th day of November, 2003. TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny Town Clerk Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: November 18, 2003 Re: Capital Project Fund Budget Revisions and Adoptions and Acceptance of Long-range Capital Program Summary The final revised Capital Projects Fund budget for 2003 and the final proposed Capital Projects Fund 2004 budget are hereby submitted for adoption by the Avon Town Council. In addition to the adoption of the above budgets, also submitted for acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5-year plan). Recommendation: Staff recommends that Council adopt the revised 2003 and proposed 2004 budgets as presented, and accept the long-range capital program as submitted. Town Manager Comments: Attachr _0s1'_ ? A - Resolution 03-47 B - Resolution 03-49 C - Long-range Capital Program (5-year plan) Page 1 RESOLUTION NO. 03-47 SERIES OF 2003 A RESOLUTION TO AMEND THE 2003 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2003 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2003, AND ENDING ON THE LAST DAY OF DECEMBER, 2002. WHEREAS, the Town Council of the Town of Avon has adopted the 2003 Capital Projects Fund budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2003; and WHEREAS, the Town Council finds it necessary to amend the 2003 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2003; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is revised as follows for 2003: Original or Current Previously Proposed Amended Amended 2003 2003 Budget Budget Capital Projects Fund Beginning Fund Balance $ 2,489,887 $ 2,489,887 Revenues and Other Sources 2,501,149 3,651,917 Expenditures and Other Uses 1,974,212 2,544,049 Ending Fund Balance 3,016,824 3,597,755 1 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved, amended, and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 25'I' day of November, 2003. TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny Town Clerk 2 RESOLUTION NO. 03-49 SERIES OF 2003 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2004 CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has also appointed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 11, 2003, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2004: 2004 Proposed Buffet Capital Projects Fund Beginning Fund Balance $ 3,597,755 Revenues and Other Sources 2,452,788 Expenditures and Other Uses 3,163,292 Ending Fund Balance 2,887,251 Section 3. That the budget, as submitted, and hereinabove summarized, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 25Ih day of November, 2003. TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny Town Clerk 2 CD p .. ... p p 0 0 0 0 0 0 0 0 O C 0 C C C a O O N O) O O O T ? rl" V ? CD a) N m T N M M 64 HT Co C) 0 0 CD O C) CD CD 00 O O O O 00 C) It CD 0) N LO O O O LO LO C) O N N C l! d} ER O 0) i . . i i . i p p p i O O) O W O O O N W C h C C C I? r O O O N O N O V N N L C LO C N - N N a a U E? 691 N O _ O m ' O O C) 0) 0 0) Q 00 0 (D O LO O N 0) I-- r- V O O M N O (D M O N C f? r- N N Cl) (f3 V3 O (D O O ' 0 0 ' O O O O ' L Cp O (D O O O O O O O O O O O O O Z C M C C LC) C O C C C cc O oc a to O co C. 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CL 3 A N m fl U O. 7 ` 0 C (Oj U F ? ° ° . 0 0 -0 E ca n o o E 3 3 " a ( a a =wwwzcncn G) 0 E •° v w w co 0° a C) m co m Q > -- °: > o E c - oU o co E s_ p U 0 m ?j m >> m U a U m [i N O N O M U a? m Cl- c O U) 1C) MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: TRACT J BRIDGE DEMOLITION DATE: NOVEMBER 20, 2003 It is requested that, at your meeting on December 9, a public hearing be conducted on the report of the Director of Public Works (under whose authority the work was done pursuant to the Uniform Code for the Abatement of Dangerous Buildings) on demolition of the Tract J bridge. Notice of the hearing, a copy of which is attached, will be published, mailed to the owner and posted on the premises. As you can see from the notice, protest or objections may be filed. Ordinarily those protests or objections would go to the cost of the work. Any opportunity to protest of object to the demolition is now past, and the demolition will have been completed by the time of the hearing. At the same time, you will be presented with a resolution assessing the cost against the property. That assessment will be certified to the county treasurer for collection as part of the 2004 taxes. If the assessment is not paid at that time, a tax sale certificate will be issued, and three years thereafter the Town will be entitled to apply for a treasurer's deed. The action requested of the council is a motion that "hearing be held on December 9, 2003, on the report of the Director of Public Works and any protests or objections thereto in comiection with demolition of the Tract J bridge." JWD:ipse JA NOTICE OF HEARING TO: Grand Eagle Investment Corp. 1453 Birch Street Denver CO 80202 RE: Tract J, Benchmark at Beaver Creek, Town of A, Eagle County, Colorado NOTICE IS HEREBY GIVEN that, at 5:30 P.M. on December 9, 2003, at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado, 81620, a hearing will be held by the Town Council on the report of the Director of Public Works and any protests or objections thereto in connection with demolition of the structure on the above-described real property. The Town Council will hear and pass upon the Director's report, together with any objections or protests which may be filed at any time prior to the time set for the hearing. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Copies of the report of the Director are available for inspection in the office of the Town Clerk at the above address. DATED the 25th day of November, 2003 TOWN CLERK TOWN OF AVON /S/ Patty McKenny MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 11, 2003 A regular meeting of the Town of Avon, Colorado was held at 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 and Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe present. Mayor Pro Tern Mac McDevitt was absent. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Finance Director Scott Wright, Police Chief Jeff Layman, Community Development Director Ruth Borne, as well as members of the press and public. Citizen Input Public Hearing on 2004 Town of Avon Budget & Capital Protect Budget Finance Director Scott Wright noted that public hearings are required on the 2004 proposed budget for both the operating budget and the capital projects fund budget prior to final adoption (which is scheduled for November 25th). Mayor Reynolds opened the public hearing, no comments were made and the hearing was closed. Councilor Wolfe noted that the 2004 budget was the topic of a retreat held in early October and a great deal of time has been spent on its development. Staff was commended on a job well done with the 2004 proposed budget. Other Janine Glennon, owner of Vista Restaurant & resident of Avon, addressed the Council on two topics, 1) signage & 2) her concern about the proposed bar on Metcalf Road. On behalf of the Avon Business Association's behalf, she wanted to recommend that any signage be sure to move the visitors around the round-about to the east Avon businesses. Staff was directed to address their concerns & provide feedback as soon as possible. Councilor Sipes noted that a study should be conducted to determine the long-term appropriate signage for the Town. Jon Buchli, resident of Avon, addressed the Council with regard to request from some dog owners to create a "dog-park" where no leashes are required. He presented a map to that shows the proposed area, noted that most of the homeowners in the area are supportive of the idea, and suggested that those people using it would monitor it. Council expressed some concern about the park being so close to the proposed area and that there is not a fence that closes in the area. He was directed to move his proposal through the appropriate channels of Community Development and definitely obtain written support for the surrounding property owners. Resolutions Town Engineer Norm Wood presented Resolution No. 03-45, Series of 2003 - Resolution Repealing Resolution No. 91-18, Series of 1991, and Ending the Incentive Program for the Conversion of Solid Fuel Burning Devices to Certified Solid Fuel Devices, Gas Log Fireplaces and Gas Appliances in the Town of Avon, Eagle County, Colorado. He noted that the resolution was prepared in response to the capital improvements program prioritization process and corresponding removal of funding for the incentive program. Councilor D. Buckley moved to approve Resolution No. 03-45. Councilor Brown seconded the motion and it passed by those members present (McDevitt absent). New Business Community Development Ruth Borne presented an appeal of Planning & Zoning Commission denial of Special Review Use Application for the proposed Fiasco Restaurant/Tavern, located at 411 Metcalf Road, by Applicant/Owner: David Svabik. She noted that a site tour had been conducted earlier that day during the work session with all council members, applicant and staff present. She presented the history on the application, noting that the application has been submitted and denied three times by Planning & Zoning Commission. Their concerns included traffic impacts, driveway access, and compatibility with the Comprehensive Plan to name a few. She pointed out that various letters in support and opposition were included in the packet. Tom Boni, Terrell Kngiht and the applicant, David Svabik, addressed the Council with regards to the specifics of the proposal. It was pointed out that the neighborhood of the immediate area was very supportive of the proposal and that some retail in that area already exists & this proposal might compliment that use. Mayor Reynolds opened the public hearing, noted a number of letters that had been received that afternoon regarding public comments on the proposal. He then allowed for comments from the public as follows: Jamie Lucas, Mindy Feldham, Jim Lawrence, and Liz Matthews in support of the project & Jane Leavitt opposing the project. The hearing was closed at this time. Council submitted their comments and a summary is as follows: ? Supported the applicant' s character and his ability to own & manage a restaurant; just didn't support the location for the proposed restaurant ? No public transportation to the establishment ? Concern about access to the location, i.e. difficult driveway & Metcalf Road not able to support such a use ? Impacts of traffic with the opening of such an establishment ? It was noted that Council's role is to determine if the P&Z Commission did their job based on the findings to the decision & no new evidence was presented Councilor D. Buckley moved to uphold the Planning & Zoning Commission of denial of the Special Review Use for the applicant David Svabik and his proposed restaurant/bar Fiasco. Councilor Wolfe seconded the motion and it passed by those members present (McDevitt absent). A few closing comments were made by Terrell Knight, thanking the Council and staff for consideration of the proposal. Community Development Director Ruth Borne presented a request from the owner/applicant, Steven Grow, requesting a permanent easement from the Town on Tract B in order to accommodate the construction of a carwash located at 710 Nottingham Road. She noted that the proposed easement is a permanent structural encroachment on Town property, although not visible after construction is completed. The easement will accommodate the soil nailing that is essential to build the structural load-bearing walls on the northernmost part of the project - a necessary part of the building itself. John Perkins, architect on the project, addressed the Council with regard to the need to make the request. It was noted that permanent easements were not usually granted, but with some further thought and discussion, staff recommended approval. After some concerns were expressed by a number of Council members, Councilor Sipes moved to deny the carwash easement request by Steven Grow. Councilor D. Buckley seconded the motion and it passed with a four to one vote (D. Buckley, Sipes, P. Buckley, Wolfe - aye; Brown - nay). Because Councilor Wolfe is a veteran, Mayor Reynolds asked him to read the Veteran's Day Proclamation. Regular Council Meeting Page 2 of 3 November 11, 2003 Consent Agenda Mayor Reynolds asked for a motion. Councilor Brown moved to approve the consent agenda. Councilor Sipes seconded the motion and it passed unanimously by those members present (McDevitt absent). a. Approval of the October 28, 2003 Regular Council Meeting Minutes b. 2003 Street Repair and Improvements - Change Order #1 Release of Easement on Mountain Vista Resort Subdivision, 180 W. Beaver Creek Blvd. (Ruth Borne) - There being no further business to come before the Council, the meeting adjourned at 7:30 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 November 11, 2003 Page 3 of 3 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director ?er--- Date: November 20, 2003 Re: Auditors' Engagement Letter Summary: Attached is an engagement letter from Clifton Gunderson LLP for the audit of the Town's 2003 financial statements. An engagement letter is a requirement of generally accepted auditing standards for an independent auditor. Discussion: The engagement letter sets out the scope and timing of the audit services, indicates that the audit will be performed in accordance with generally accepted auditing standards, identifies the normal responsibilities of the auditor and of Town management, and sets out the standard fees for the engagement. Financial Implications: The not-to-exceed audit fee of $25,800 for the 2003 audit is within $800 of the Town's budget for auditing services. The difference can be made up from within other line items of the Finance Department budget. Audit fees have been adjusted for the implementation of GASB 34, as well as the new auditing standard that addresses fraud and the additional auditing work associated with it. In addition, the Town may be required to have a Single Audit performed depending upon the level of federal grants the Town receives. Town Manager Comments: Attachments: Engagement Letter from Clifton Gunderson LLP, Certified Public Accountants Page 1 F CULfto r son LLP Certified Public Accountants & Consultants November 20, 2003 Avon Town Council Members Town of Avon Attn: Scott Wright, Finance Director P.O. Box 975 Avon, Colorado 81620 Dear Council Members: We are pleased to serve you as your independent accountants. The purpose of this letter is to confirm the terms of our agreement. This letter also clarifies the nature and extent of the auditing and accounting services to be provided. Our services will include' Auditing services. We will audit the financial statements of the governmental activities, business-type activities, major funds and remaining fund information which together comprise the basic financial statements of the Town of Avon as of and for the ended December 31, 2003. Our audit will be performed in accordance with auditing standards generally accepted in the United States of America. The audit will include tests of your accounting records and other procedures we consider necessary to enable us to express our opinion on these financial statements. Accounting services. We also will provide you with the following nonaudit services: • Proposing adjusting journal entries We are not responsible for the preparation of any report to any governmental agency, or any other form, return, or report, or for providing advice not specifically recited in this letter. Our fee does not include any time for consultation with your personnel or third parties regarding the implementation training and assistance for GASB Statement 34, or regarding the Colorado constitutional amendment known as TABOR. Charges for such additional services will be billed separately at standard rates. The nature and extent of such services are the subject of a separate agreement. International Town Council Members Town of Avon November 20, 2003 Page 2 This letter constitutes the entire agreement regarding services to be provided to you and supersedes all prior agreements, understandings, negotiations, and discussions between us, whether oral or written. This agreement may be supplemented by other written agreements. The purpose and objective of our audit is to lead to the expression of an unqualified opinion with respect to the financial statements. You understand that circumstances may exist or may arise that would preclude submitting such an opinion. We will inform you if we discover circumstances that will have an effect on our opinion on the financial statements. If our opinion on the financial statements will be other than unqualified, the reasons will be fully disclosed. If, for any reason, we are unable to complete the audit or are unable to form an opinion, we may decline to issue a report and terminate our engagement. Our audit is designed to provide reasonable, but not absolute, assurance of detecting misstatements, whether caused by error or fraud, that, in our judgment, could have a material effect on the financial statements as a whole. It is not designed to detect error or fraud that is immaterial to the financial statements. Our audit will be based upon tests and samples, since detailed auditing of all transactions is not practicable. The concept of selective testing of data is generally accepted as a valid and sufficient basis for an auditor to express an opinion on financial statements. Selective testing involves judgment both as to the number of transactions we examine and the areas to be tested. Because we will not perform a detailed examination of all transactions, there is an inherent risk that we will not detect material errors, fraud, or other illegal acts, if they exist. There is also an inherent risk that violations of compliance requirements and other responsibilities imposed by state and federal statutes and regulations or assumed by contracts, if they exist, will not be detected. Management is responsible for establishing and maintaining a sound system of internal control and for identifying and ensuring that the entity complies with the laws and regulations applicable to its activities. Management is also responsible for: designing and implementing programs and controls to prevent and detect fraud; informing us about all known or suspected fraud affecting the entity involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements; and informing us of their knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, regulators, or others. While an audit includes obtaining an understanding of internal control sufficient to plan the audit and to determine the nature, timing, and extent of audit procedures to be performed, it is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform you of any reportable conditions that come to our attention. Town Council Members Town of Avon November 20, 2003 Page 3 Our relationship with you is limited to that described in this letter. As such, you understand and agree that we are acting solely as independent accountants. We are not acting in any way as a fiduciary or assuming any fiduciary responsibilities for you. 1 Your personnel will provide us with the necessary detailed trial balances and supporting schedules, a list of which will be provided. We expect that your office personnel will help us by locating and submitting to us invoices, vouchers, canceled checks and other documents and records that we request. Whenever possible, we will use your personnel to help in this work and so reduce costs. We wish to emphasize that management has the responsibility for the proper recording of transactions, for the safeguarding of assets, for compliance with all applicable laws and regulations and for the substantial accuracy of the financial statements. Management is responsible for adjusting the financial statements to correct material misstatements' and for affirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the opinion units in the financial statements. Management's responsibility includes establishing and maintaining internal control over financial reporting and retaining, supervising and training qualified personnel in areas affecting financial matters. Management is also responsible for making all financial records and related information available to us. Although our firm may prepare or help in preparing your financial statements, the statements are the representations of management. As part of this responsibility, you agree to provide us, before the delivery date of the financial statements, with written confirmation of the representations made to us by you and your staff during the course of our engagement. The working papers for our engagement are the sole and exclusive property of Clifton Gunderson LLP and constitute confidential and proprietary information. We do not provide access to our workpapers to you or anyone else in the normal course of business. Should we be order by a valid subpoena or other appropriate court order to provide access to or copies of our workpapers you agree to reimburse us for the time and out-of-pocket expense necessary to comply with such order. We will only provide limited access to certain workpapers when requested by appropriate governmental agencies (such as the GAO or other federal agencies) for their regulatory oversight purposes. Access to the requested workpapers will be provided to such governmental agencies under the supervision of Clifton Gunderson LLP personnel and at a location designated by our firm. Town Council Members Town of Avon November 20, 2003 Page 4 We must approve the masters or printer's proofs of the financial statements we have audited before they are reproduced or published for distribution if our firm's name is to be connected with the statements or report in any way. With regard to electronic filings, such as in connection with the SEC Electronic Data Gathering Analysis and Retrieval (EDGAR) system or the World Wide Web area of the Internet, you understand that electronic sites are a means of distributing information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If we are asked to provide a letter of consent to the inclusion of our report on the financial statements in another document (for example, in connection with a bond offering), the procedures we perform in connection with issuing the consent will be considered an engagement separate and distinct from our audit engagement, for which we will bill you separately. I The charges for our work are to be based upon the time involved, degree of responsibility assumed and skills required, plus direct expenses. Bills for services are due when submitted. Interim bills may be submitted at periodic dates to cover charges and expenses incurred. If a bill for services is not paid when due, we reserve the right to cease work and withdraw from the engagement. In the event that any collection action is required to collect unpaid balances due us, reasonable attorney fees and expenses shall be recoverable. It is hereby agreed that our fee will not exceed $25,800. Included in this amount is $3,300, which is the fee estimated to perform audit procedures required under Statement on Auditing Standards No. 99 Consideration of Fraud in a Financial Statement Audit. It is our understanding that your accounting records will be substantially completed through December 31, 2003. We do not anticipate that we will encounter any substantial amount of accounting work to be completed or adjusted by us, or any defalcation or other significant problem or contingency. We will, of course, advise you before undertaking any work that would require an increase in the fee arrangement. In the event that we are required to perform a Single Audit, the fee for this additional work will be based on our standard hourly rates and should range between $2,000 and $3,200. We will do our uppermost to provide quality service to you. We do not anticipate any difficulties in meeting the expectations recited in this letter. However, in the unlikely event that there are any disagreements regarding our services, any claims against Clifton Gunderson LLP as a result of this engagement must be brought within one year from the date our report is delivered or our work is completed. Town Council Members Town of Avon November 20, 2003 Page 5 For your reference, our December 19, 2001 peer review report accompanies this letter. If the above terms are in accordance with your understanding and acceptable to you, please sign, date, and return the duplicate copy of this letter to us. We very inuch appreciate the opportunity to serve you and will be pleased to discuss any questions you may have. Very truly yours, The services described in the foregoing letter are in accordance with our requirements and we understand the terms and conditions recited above. By Title Date F Cn %GUu derson LLP Certified Public Accountants & Consultants November 19, 2003 Avon Town Council Members Town of Avon Attn: Scott Wright, Finance Director P.O. Box 975 Avon, Colorado 81620 RE: Communication regarding the new fraud auditing standard Dear Council Members: The American Institute of Certified Public Accountant's Auditing Standards Board has issued Statement on Auditing Standards (SAS) 99, Consideration of Fraud in a Financial Statement Audit. It is currently effective and we will be applying the provisions of SAS 99 in your organization's next annual audit. SAS 99 is a far-reaching and comprehensive standard that requires us to perform certain procedures aimed specifically at detecting material misstatements caused by fraud. The purpose of this letter is to help you understand the new fraud auditing standard and how it will impact your organization and our audit of your financial statements. Why SAS 99 Was Issued Although it may appear to be a reaction to recent highly-publicized accounting scandals, SAS 99 was actually the culmination of years of research and efforts to improve the likelihood that auditors will detect material misstatements due to fraud. Those efforts were spearheaded by interested organizations both within and outside the accounting profession. Auditors have always had certain responsibilities for detecting material misstatement caused by fraud, and SAS 99 does not change that basic responsibility. However, SAS 99 imposes some specific requirements and provides additional guidance to improve auditors' ability to identify and respond to risks of material misstatements in the financial statements caused by fraud. International Page 2 Town Council Members Town of Avon November 19, 2003 How Audits Will Change Audits will change in several important ways. • Identifying Areas Where the Risk of Material Fraud Exists Auditors will spend more time and effort in the planning stage of the audit identifying areas where the potential for material fraud exists. After identifying those areas, auditors will design and perform auditing procedures to focus on the risk of material fraud in those areas. Emphasis on Internal Controls Because an organization's internal controls are designed to preven? or detect financial statement errors from occurring, including errors cause by fraud, auditors are likely to spend more time gaining an understanding of internal control in more detail than in the past, especially in areas where the potential for material fraud is higher. Inquiries of Management and Others Another change requires auditors to go outside of the accounting and finance areas to inquire about employees' knowledge of fraud, the risks for fraud to occur, programs and controls in place to mitigate fraud risks, and whether and how management communicates its views on business practices and ethical behavior to its employees. • Professional Skepticism Auditors will also increase their level of "professional skepticism" when performing audit tests. For example, when we receive a response to an inquiry, we may corroborate that information by looking at supporting documentation or by verifying the information with another employee. • In-depth Procedures in Certain Areas Auditors will perform more in-depth procedures in areas where studies have shown financial statement fraud is most likely to occur, including journal entries and other adjustments; revenue recognition; and accounting estimates. In order to perform these new procedures, we will be spending more time to perform the audit. In the attached engagement letter, we have noted the fact that our fees will be increasing because of this new standard. Page 3 Town Council Members Town of Avon November 19, 2003 What Entities Should Do Financial statement fraud can have serious negative effects on an entity's reputation and it's ability to achieve strategic goals, so increased efforts to prevent and deter fraud are in your best interests. It is also much less costly and time-consuming to prevent and deter fraud from occurring than it is to detect and investigate fraud that has already occurred. Here are three key fraud prevention and deterrence areas to focus on: Creating an Ethical Culture To promote an ethical culture, management sets the proper "tone at the top" through actions that demonstrate an honest and ethical value system. Management should also consider communicating the organization's ethical values and behavioral standards through a written code of conduct that emphasizes the importance of integrity and ethical behavior. • Antifraud Controls Identify and assess the fraud risks that exist in your organization. To design and implement effective fraud-related programs, you must first identify your organization's key fraud risks. Develop an Effective Oversight Process Oversight involves developing an appropriate monitoring process. The first line of oversight is management overseeing the activities of employees, including supervisory activities and performing comparisons and reconciliations. Other levels of oversight for some organizations include activities of an audit committee and an internal audit function. We would be pleased to discuss with you further how the new focus on fraud will affect your organization's audit, and how you can improve your organization's ability to prevent, deter, and detect fraud. Very truly yours, ALA Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jacquie Halbumt `- Date: November 20, 2003 G Serv71ce A-reeinents wi'rl? Beaver Crc-& Srtai`,1_1 Ci-eel, c Metropolitan Districts Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third parry revenue to help reduce the subsidy of our operation. It has been an ongoing discussion with the representatives of Beaver Creek and Smith Creek Metropolitan Districts about the possibility of maintaining their vehicles and we were finally able to reach terms agreeable to everyone. Discussion: Attached are two one-year service agreements between the Town and Beaver Creek Metropolitan District and the Town and Smith Creek Metropolitan District for vehicle maintenance and parking at our Swift Gulch facility. The agreement contains our standard price of $80/hour for routine and preventive maintenance as well as repair and replacement. It also contains our standard price of $100 per month per paved parking space. We are currently working on proposed agreements for a long-term relationship with both Beaver Creek Metro and Smith Creek Metro. Financial Implications: Avon's Finance Director, Scott Wright, calculated the following based upon an estimated 1,600 labor hours for both entities the estimated revenues and expenditures are as follows: Revenues $213,725 Parts (63,776) Labor @ $50/hr 80 000) Net Profit $ 69,949 These amounts are based on overall percentages from actual maintenance performed through October, 2004 on town departments and third parties. We will refine the numbers and bring you a budget amendment at a later date. Recommendation: Staff recommends approval of the one-year service agreements with Beaver Creek and Smith Creek Metropolitan Districts. Town Manager Comments: 0 Page 2 SERVICE AGREEMENT This agreement is made and entered into this day of , 2003 by and between Beaver Creek Metropolitan District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of BCMD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the BCMD vehicles and equipment. Service will be performed on approximately 33 vehicles and equipment, although the number of vehicles and equipment serviced may be increased or decreased in BCMD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by BCMD ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless BCMD has approved of such charges. Services may be commenced with verbal approval by BCMD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. BCMD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be completed within 24 hours of any vehicle being brought to Contractor's facility. Compensation: In consideration of Contractor's services during the term of this Agreement, BCMD will pay Contractor the shop rate of $80.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10`h of each month for services performed the previous month. Payment shall be remitted within twenty (20) days of receipt of invoice. Contractor's Fueling Facilities may be used by BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten cents per gallon. Contractor's Vehicle Wash facility May be used by BCMD. The cost per wash will be $9.00 for small vehicles, $15 for medium vehicle, and $35 for large vehicles. The contractor shall supply 10 parking spaces at a cost of $100 per month per space. Office Space and Utilities: It is anticipated that BCMD will place a small trailer at the Swift Gulch site to be used as office space. The trailer must not occupy a paved space or rental rates will be applicable. All costs for utilities and meters associated with the trailer must be incurred by BCMD. Final location of the trailer must be approved by contractor. Placement and removal of the trailer will be the entire responsibility of BCMD. Terms and Termination: This Agreement will be effective as of November 25, 2003 and will terminate on November 31, 2004 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by BCMD to its employees. Contractor shall provide BCMD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 7. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 8. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of BCMD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 9. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 10. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 11. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 12. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2003. Beaver Creek Metropolitan District By: EXECUTED this day of , 2003. TOWN OF AVON By: EXHIBIT A "A" PM 3,000 miles or $80.00 hr. Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $80.00 hr. Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 25, 2003. SERVICE AGREEMENT This agreement is made and entered into this day of , 2003 by and between Smith Creek Metropolitan District whose address is P.O. Box 600, Edwards Colorado, 81632 (hereafter know as "SCMD") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of SCMD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the SCMD vehicles and equipment. Service will be performed on approximately 9 vehicles and equipment, although the number of vehicles and equipment serviced may be increased or decreased in SCMD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by SCMD ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless SCMD has approved of such charges. Services may be commenced with verbal approval by SCMD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. SCMD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be completed within 24 hours of any vehicle being brought to Contractor's facility. Compensation: In consideration of Contractor's services during the term of this Agreement, SCMD will pay Contractor the shop rate of $80.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10`h of each month for services performed the previous month. Payment shall be remitted within twenty (20) days of receipt of invoice. Contractor's Fueling Facilities may be used by SCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten cents per gallon. Contractor's Vehicle Wash facility May be used by SCMD. The cost per wash will be $9.00 for small vehicles, $15 for medium vehicle, and $35 for large vehicles. The contractor shall supply 10 parking spaces at a cost of $100 per month per space. Office Space and Utilities: It is anticipated that SCMD will place a small trailer at the Swift Gulch site to be used as office space. The trailer must not occupy a paved space or rental rates will be applicable. All costs for utilities and meters associated with the trailer must be incurred by SCMD. Final location of the trailer must be approved by contractor. Placement and removal of the trailer will be the entire responsibility of SCMD. Terms and Termination: This Agreement will be effective as of November 25, 2003 and will terminate on November 31, 2004 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by SCMD to its employees. Contractor shall provide SCMD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 7. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 8. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third parry without the expressed written consent of SCMD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 9. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 10. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 11. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 12. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2003. Smith Creek Metropolitan District By: EXECUTED this day of , 2003. TOWN OF AVON By: EXHIBIT A "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection 3,000 miles or 250 hours every 12months $80.00 hr. Plus parts & sublet $80.00 hr. Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of November 25, 2003. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Ruth Borne, Community Development Date: November 20, 2003 Re: Sewer for Eagle River & Sanitation District located on Tract G Summary: Eagle River & Sanitation District is seeking an easement for the sewer located on a portion of Tract G, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. The requested easement is located adjacent to the westerly property line of the new office b uilding I ocated o n M ountain V ista Resort Subdivision. The easement will be used to accommodate the sewer service. T his e asement h as b een requested because t he I ocation i s o n Town owned Tract G rather than in a dedicated public street right-of-way. Recommendations: Approval of this sewer easement is recommended. Town Manager Comments: FACouncil\MEMOS\2003\Sewer Esmnt Meml.Doc I SEWER EASEMENT FOR TRACT G THIS EASEMENT is made this day of , 2003, by and between TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO (hereinafter refereed to as "Grantor"), its successors and assigns, and EAGLE RIVER WATER & SANITATION DISTRICT, a quasi-municipal corporation of the State of Colorado within the County of Eagle (hereinafter referred to as the "District"). WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the District to Grantor, the receipt of which is hereby acknowledged, Grantor does hereby grant, convey and transfer unto District, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer lines and all underground and surface appurtenances related thereto such as valve boxes, meter vaults and manholes (hereinafter "sewer lines"), together with any and all sewer lines situate therein, all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle, State of Colorado, to wit: See EXHIBIT A attached hereto and incorporated herein by reference. Grantor warrants that Grantor has the lawful right to grant and convey such easement, rights-of-way, and sewer lines. Following the completion of the purpose of any entry by District upon such easement for any of the aforesaid objects, District shall restore the premises to substantially the same condition existing condition existing at the time of the entry thereon, including shrubs, plants, sidewalks, driveways or parking areas, or improvements thereon located or damaged thereby. All provisions of the Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. GRANTOR: TOWN OF AVON By:_ Title: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this 2003, by of Town of Avon. My commission expires: (SEAL) Notary Public ACCEPTED by the Eagle River Water and Sanitation District this 2003, by as EAGLE RIVER SANITATION & WATER DISTRICT By:_ Title: STATE OF COLORADO COUNTY OF EAGLE ) ss. The foregoing Easement was subscribed and sworn to before me this 2003, by of Eagle River Sanitation & Water District. My commission expires: (SEAL) day of as Notary Public day of as day of 2 EXHIBIT A SEWER EASEMENT TRACT G, TOWN OF AVON, COLORADO TRACT G (TOWN OF AVON) - 3K. 302, PG. 324 N 87°29'48"E 15.00' 15' SEWER EASEMENT N 02°30'12"W 105.32' S 87'29'48"W 15.00' 1 INCH = 50 FT NOTICE: According to Colorado law you MUST commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of certification shown hereon. TIE: N 02°30'12"W 35.81' MARCIN ENGINEERING LLC P.O. Box 1062 AVON, CO 81620 (970) 748-0274 (970) 748-9021 FAX P.O. Box 5018 EAGLE, CO 81631 (970) 328-1900 (970) 328-1901 FAX Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Anne Martens, Assistant Town Engineer Date: November 20, 2003 Re: Resolution No. 03 - 52, Approving the Condominium Map, Mountain Vista Commercial Condominium, A Resubdivision of Lot 4, Mountain Vista Resorts Subdivision, Town of Avon, Eagle County, Colorado (0140 West Beaver Creek Blvd) Summary: Points of Colorado, Inc., a Colorado corporation, owner of Lot 4, Mountain Vista Resort Subdivision, has submitted a condominium plat to resubdivide Lot 4. This is a Subdivision of a lot under development, creating three condominium units and associated common elements. Any subdivision with four lots or less can be reviewed as a minor subdivision and does not require a public hearing or a preliminary plat. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 03 - 52, Series of 2003, A Resolution Approving the Condominium Map, Mountain Vista Commercial, A Resubdivision of Lot 4, Mountain Vista Resort Subdivision, 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 Settings\Temporary Internet Fi1es\OLK2\L4MVRS.doc TOWN OF AVON RESOLUTION NO. 03 -52 Series of 2003 A RESOLUTION APPROVING THE CONDOMINIUM MAP, MOUNTAIN VISTA COMMERCIAL CONDOMINIUM, A RESUBDIVISION OF LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Points of Colorado, Inc., a Colorado corporation has submitted a Condominium Map for Lot 4, Mountain Vista Resorts Subdivision, Town of Avon, Eagle County, Colorado; and WHEREAS, the Condominium Map has been reviewed by the Town Staff; and WHEREAS, the 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 Condominium Map, Mountain Vista Commercial Condominium, A Resubdivision of Lot 4, Mountain Vista Resort Subdivision, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: 1. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2003. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk L\Town Clerk\Council\Resolutions\2003\Resolution No. 03-52 L4MVRS.doc