TC Council Packet 04-13-2004STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, WILL BE HELD APRIL 13, 2004, AT 3:00 PM AT THE AVON
MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
3:00 PM - 3:30 PM 1) Executive Session - (Conferring with Town Attorney) - The topic
meets the requirements of C.R.S. 24-6-402-4 (e) - Conferences with an
attorney for the local public body for the purposes of determining positions
relative to matters that may be subject to negotiations; developing strategy
for negotiations; and instructing negotiators. Topics of discussion include
Village at Avon and recent Court litigation over Lot 61.
3:30 PM - 4:30 PM 2) Council Committee Updates - Council members are assigned to several
committees and update their progress.
Water Update - Councilor D. Buckley
Intergovernmental Agreement/1-70 Corridor - Mayor Reynolds &
Councilor Sipes
Non Profit Requests - Mayor Pro Tern McDevitt
Eagle County Interface - Mayor Pro Tern McDevitt
4:30 PM - 5:00 PM 3) Transit Survey - (Bob Reed) The Transit Department will present an
operations report, the results of the skier shuttle passenger survey
recently completed, and report the survey perception about the new
Beaver Creek Quad Lift to be installed next year at the Tarnes.
5:00 PM - 5:30 PM 4) Staff Updates
a. Recreation Update, i.e. July 4th Sponsorship status, summer
programs, film proposal (Meryl Jacobs & Fraidy Aber) - Staff will
provide updates on these items.
b. Water Rights Analysis Update (Norm Wood) - An update on the
summary of information drafted related to the town's water rights,
water consumption and corresponding development.
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
APRIL 9, 2004:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Avon Council Meeting. 04.04.13
Message
Patty McKenny
From: John Dunn email
Sent: Thursday, April 08, 2004 4:54 PM
To: Patty McKenny
Cc: Larry Brooks; Ruth Borne; Norman Wood
Subject: For forwarding to council
Council,
Page 1 of 1
Following a hearing which lasted nearly five hours today, Judge Moorhead denied the Avon Town Center
Homeowners' motion for a preliminary injunction.
By way of explanation and background, before a court can grant a preliminary injunction, certain findings must be
made. They are 1) there is a reasonable probability of success on the merits, 2) plaintiffs would otherwise suffer
irreparable harm, 3) there is no adequate remedy at law 4) the public interest favors the granting of an injunction
and 5) balancing of the equities favors entry of an injunction. Judge Moorhead found against Avon Center on all
points.
He first stated that he could not find that plaintiffs have a probability of success on the merits. As you know, Avon
Center argued that the Town did not require a full subMittal under the Town's PUD ordinance. Moorhead
reasoned, however, that what is important is what is considered by the Council and not what is submitted with the
application.
He next ruled that Avon Center would not experience irreparable harm. Avon Center had argued that, under the
Town Center Implementation Plan, they had an expectancy of a view corridor over Lot 61. Moorhead held,
however, that there is no protected interest in a view.
He next ruled that Avon Center has an adequate remedy by participating in further hearings on design review
before the Planning and Zoning Commission. He stated that any deficiencies could be cured-al that time.
He next ruled that the public interest is best served by completion of the approval process.
Finally, he ruled that the balancing of equities did not favor issuance of an injunction.
I have asked for an executive session at your meeting next week. At that time I will answer any questions and let
you know my thoughts on where this litigation is going from hear.
This report can be part of the public record at next week's meeting.
John
4/8/2004
Town of Avon
Me
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From Scott Wright, Finance Director
Date: April 7, 2004
Re: Sales Tax Worksheet
Summary:
Since Wal-mart vacated their site in July, 2003, Traer Creek, as part of the Annexation and
Development Agreement, has been back-filling the lost sales tax revenues from that site. In
order to have a consistent statistical comparison of sales tax collections subsequent to the
vacating of the site, this back-fill revenue, referred to as the good-faith estimate in the
Agreement, has been included in the sales tax worksheet.
The monthly amount received for the good-faith estimate from August-December, 2003, was
the same because it was unknown as to when and how much the sales tax revenues would be
from Gart Sports, Pier 1, and Office Depot. However, it had been discussed and agreed to
between Town staff and Traer Creek that prior to the February good-faith estimate being paid
we would review the estimate and revise it according to information we had at that time. The
amount was revised and was significantly decreased due to the sales tax actually received for
the month of December, as well as projected to be received for January-July.
Because the amount received from Traer Creek for the good-faith estimate in January, 2004
was significantly different that the amount received for February, the Town Manager has
requested that I revise the sales tax worksheet to reflect an average amount for the good faith
estimate to be received from February-July.
I will be happy to discuss the calculation of the good-faith estimate and the sales tax
worksheet in more detail during staff updates on Tuesday.
Town Manager Comments:
Attachments:
A - Sales Tax Worksheet - Actual vs. Budget
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Office of the Town Manager
To: Honorable Mayor and Town Council
From: Larry Brooks, Town Manager
Date: April 7, 2004
Regarding: 1-70 Central Mountain Corridor Coalition
Attached you will find an intergovernmental agreement to establish a coalition. The goal of
the grass roots effort is to develop a united and broad based voice of concern for the lack of
adequate funding for the Interstate 70 corridor in central Colorado. This effort has been
initiated by those among us who are becoming increasingly concerned about this issue, and
the consequences to our regional and state economy if it does not receive the priority-base
attention it must have.
Recent history in the state has seen multi jurisdictional efforts to address the future of the I-
70 corridor fail. Those have included CARTS and CIFGA coalitions, who have since
dissolved. A number of our neighbors along the corridor, including Summit County,
Breckenridge, Silverthorne, Dillon, Clear Creek County and Eagle County to name only a
few governmental entities that I can remember; have already signed the agreement. It is my
recommendation that the council take a similar action. We understand that some districts
and private entities may also be interested.
I would also suggest that if you approve this agreement, that you appoint an elected official
to represent the Town's position. This is also a group in which I should be involved as a
regular attendee or as an alternate.
Memo
To: Honorable Mayor, and Town Council
From: Bob Reed, Director of Public Works and Transit
Thru: Larry Brooks, Town Manager
Date: 4/6/2004
Re: Transit surveys
Summary:
Attached you will find two surveys and summaries of each. The first is a survey of skier shuttle
passengers only. It is more specific to how riders feel about the proposed changes in Beaver Creek
and the new Tames lift. The second is more of an operational survey with questions specific to quality
of service and what our riders would like to see in the future. The goal in each survey was to reach a
sampling of visitors/guests, seasonal and year round residents.
Discussion:
In meetings with Beaver Creek we have heard discussions regarding changes in routes and the people
they feel are affected by those changes. Specifically, we are being told at this point that we will no
longer be taking passengers to Upper Village Plaza as part of our skier shuttle. Instead, we will be
dropping skier shuttle passengers off at the new Tames lift on Prater Ln. As you are aware, there is no
beginner terrain at that point, nor is there any access to Ski School. Beaver Creek officials felt that the
people that stayed in Avon and rode this shuttle were not attending ski school and would not be
affected by this change. We found that 21% of those surveyed were indeed attending ski school and
another 10% were beginner skiers and would not be able to utilize the Tames lift anyway. Upper Village
Plaza was the preferred destination by 79% of the people surveyed.
Financial Implications:
At this point, staff feels there would not be much difference in cost compared to the service we are
currently providing. We would still be running the same number of hours, and moving the same number
of people around (or more).
Recommendations:
Staff has no recommendations at this time and asks Council for guidance on this matter.
Town Manager Comments:
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1
Table of Contents
I. Introduction
Purpose
Research Objectives
Methodology
II. Summary
III. Detailed Findings
Passenger Type
Bus Trip Purpose
Ski School Usage
Boarding Destination
Beaver Creek Proposed Quad Lift
Passenger Comments and Suggestions
2
I. Introduction
Purpose
This on board passenger survey research was conducted to
help Avon Transit better understand the Skier Shuttle
customer and to investigate perceived impacts of the
proposed Beaver Creek Quad Lift.
Research Objectives
The specific objectives of this research were to :
? Explore the type of passenger using the Skier
Shuttle including; area living/staying and length
of time residing/ visiting in the area.
? Bus trip purpose at time of the survey
? Boarding destination
? Explore impact of Beaver Creek Quad Lift on
service:
• Ski school accessibility
• Direct bus service to Beaver Creek Village
vs. bus transferring
• Paying for bus service
Methodology
Questionnaires were administered to riders on the Avon Skier
Shuttle. Surveyors began the first session on Friday, February
6th and completed their inquires on Sunday, February gth
Surveyors began the second session on Friday, March 12th and
completed their inquires on Sunday, March 14th. The goal of
the survey was to reach a sampling of visitors/ guests, seasonal
and year round residents.
3
The following information shows routes utilized for the survey:
Bus # Route Time Departure Location
830 A-400 05:00 a.m. - 07:30 a.m. Avon Center
A-410 07:30 a.m. -11:15 a.m. Christie Lodge
P-411 01:45 p.m. - 06:30 p.m. Christie Lodge
849 A-401 07:15 a.m. -12:00 p.m. Christie Lodge
RA-402 11:30 a.m. - 03:30 p.m. Christie Lodge
RP403 03:00 p.m. - 06:30 p.m. Christie Lodge
907 A-405 07:30 a. m. -10:15 a. m. Christie Lodge
RA-406 09:45 a.m. - 02:15 p.m. Christie Lodge
RP-407 01:45 p.m. - 06:30 p.m. Christie Lodge
This chart reflects total Skier Shuttle route service and was utilized both for the
Friday, February 6, 2004 through Sunday February 8, 2004 questionnaires and the
Friday March 12, 2004 through Sunday March 15, 2004 questionnaires.
II. Summary
This report presents the findings of questionnaires conducted with 573 Avon Skier
Shuttle passengers during Feb/March 2004.
Passenger Type
? Three quarters of total Skier Shuttle passengers surveyed
were Visitors/Guests (76%). Seasonal resident respondents
were 12% with year round residents representing 12% of survey
respondents.
? Of visitors/guests surveyed, 61% were planning on staying one
week. 5% were staying two weeks. 34% chose other on the
questionnaire, representing those staying less than a week
along with day skiers.
? 37 % of the visitor/guests riding the skier shuttle were first
time visitors to Avon. While 27% had been coming here for 1-3
years. Those expressing that they had been coming to Avon
for 5-10 years and longer totaled 35%. A full 62% of all skier
shuttle passengers were repeat guests.
0
? For seasonal and year round residents 65% of those surveyed
were residing in Avon. 1% were residents of Beaver Creek and
1% were from Edwards. 'Other" constituted 29% of seasonal
and year round residents.
Bus Trip Purpose
? Since this survey was conducted on a skier shuttle, 79% of all
respondents were using this service to go skiing or boarding.
9% were going to or from work. 8% were using the skier
shuttle service for shopping purposes. 4% of respondents
listed "other" as their trip purpose which included those going
snowshoeing, paragliding and to the medical center.
Ski School Usage
? Of the 79% of respondents who were going skiing or boarding,
91% were either at the Intermediate (53%) or advanced (38%)
level. 9% listed themselves at the beginner skier/boarder
level.
? Those accessing ski school totaled 21 % of surveyed
passengers. A full 79% surveyed were not going to ski school.
Boarding Destination
? The lodges in Avon were boarding destinations for 71 % of
survey respondents; with The Comfort Inn at 15%, Sheraton
Mtn. Vista (10%), Christie Lodge (34%) and Beaver Creek
West Condos (12%).
? 13% of Skier Shuttle riders boarded at the Avon Center.
Chapel Square (3%), Eagle bend and Avon Crossing/Canyon
Run each at 1 %, and "other" at 11 % made up the remaining
boarding destinations.
Beaver Creek Proposed Quad Lift
? 72% of respondents care about the drop off location to access
the ski mountain.
6
? Beaver Creek Village was the preferred drop off location of
79% of survey respondents. 21% would prefer the new Tarnes
Quad Lift as a skier drop off location.
? 70% did not wish to change buses at the new Tarnes Quad Lift
to reach Beaver Creek Village. 30% expressed a willingness to
change buses to reach Beaver Creek Village.
? 80% did not wish to pay for bus service to Beaver Creek
Village. 20% would pay for this service.
? 90% did not wish to pay for bus service to the new Tarnes
Quad Lift, while 10% said they would pay for this service.
? Given the choice of paying for direct service to Beaver Creek
Village, 31% would rather pay while 69% said they would
transfer rather than pay. This indicates a higher resistance
to fares than to transfers.
? 69% of passengers surveyed would be willing to transfer to a
different bus at the new Tarnes Quad Lift for free service to
Beaver Creek Village.
tP
Detailed Findings
This report compiles and details survey findings conducted in February and
March 2004.
Passenger Information
Type of Passenger
Respondents %
Visitor/Guest 411 76%
Seasonal Residents 62 12%
Year Round Residents 64 12%
Base: Total Respondents 573
Length of Stay
Respondents %
One Week 251 61%
Two Weeks 20 5%
Other 140 34%
Base: Total Respondents 411
Length of Time Coming to Avon/Beaver Creek Area
Respondents %
First Time 154 37%
1-3 Years 111 27%
5-10 Years 88 21%
Longer 58 14%
Base: Total Respondents 411
I
Location of Residence for Seasonal and Year Round Residents
Respondents %
Avon 81 65%
Beaver Creek 4 1 %
Vail 0 0%
Edwards 5 1 %
Other 36 29%
Base: Total Respondents 126
Bus Trip Purpose
Purpose of This Bus Trip
Respondents %
To / From Work 47 9%
To / From Shopping 46 8%
To / From Skiing/Snow Boarding 439 79%
Other 23 4%
Base: Total Respondents 555
Ski School Accessibility
Passengers Going to Ski School
Respondents %
Yes 103 21%
No 395 79%
Base: Total Respondents 498
Ability Level of Skiers/Snow Boarders
Respondents %
Beginner 1 46 9%
Intermediate II 269 53%
Advanced III 197 38%
Base: Total Respondents 512
Boarding Destination
Passenger Location Upon Boarding
Respondents %
Comfort Inn 80 15%
Sheraton Mtn. Vista 55 10%
Christie Lodge 181 34%
Beaver Creek West Condos 64 12%
Avon Center 70 13%
Chapel Square 21 3%
Rivers Edge 0 0%
Eaglebend 3 1 %
Avon Crossing/Canyon Run 3 1%
The Aspens 1 0%
Other 59 11%
Base: Total Respondents 537
Beaver Creek Proposed Quad Lift
Passenger Preference for Drop Off Location to Access Ski Mountain
Respondents %
Yes 379 72%
No 147 28%
Base: Total Respondents 526
Passenger Drop Off Location Preference
Respondents %
Tames Quad Lift 103 21%
Beaver Creek Village 393 79%
Base: Total Respondents 496
Passenger Willingness to Change Buses to Reach Beaver Creek Village
Respondents %
Yes 155 30%
No 370 70%
Base: Total Respondents 525
Passenger Willingness to Pay for Bus Service to Beaver Creek Village
Respondents %
Yes 106 20%
No 418 80%
Base: Total Respondents 524
Passenger Willingness to Pay for Bus Service to the Tarnes Quad Lift
Respondents %
Yes 52 10%
No 456 90%
Base: Total Respondents 508
Passenger Preference
Respondents %
Pay for Direct Bus Service to
Beaver Creek Village 146 31%
Transfer Buses at the Tarnes
Quad Lift for Free Bus Service
To Beaver Creek Village 325 69%
Base: Total Respondents 471
?D
Passenger Written Comments and Suggestions
Each survey participant was given an opportunity to write comments or offer suggestions.
Passenger Comments and Suggestions
• Fee is ok as long as it is not more than $1.00
• We carry backpacks to ski school lockers
• Leave as is *(25 )
• Great people-good service-don't mess it up!
• If using service to BC Village for work-should not have to pay for direct service if
have an employee pass.
• Great service, thanks!
• Have rental car
• Prefer to avoid high parking fees
• Have rental car
• Nominal fee only
• Gondola from Avon Center
• Don't spend $$ on lift, rather clean air bus
• Want proposed total lift
• Great service-would pay for it
• Lift to Bachelor Gulch is idiots idea
• Include fee in ECO monthly pass
• Efficient bus service
• Leave as is, but willing to pay
• Prefer free bus service from Avon
• Visitors can pay, but have direct service to BC with passes for employees who
work in Beaver Creek
• This is only free package in valley, don't ruin it
• One shouldn't have to pay one's employer to ride a bus to work
• Need buffalo ridge access
• Like the free shuttle detachable gondola needed not "pulse"
• Free buses are key
• Need quieter non-polluting buses and friendly drivers
• Bus drivers are great
• 1 bought a unit @ the seasons because of this bus to BC. Don't stop it!
• If have to pay people will ski in other cities
• Bus to Vail from Avon should be free!
• Have small kids and transfer is difficult
• Neither, I don't want to pay at all
• Wait until a full season of visitors can reply after 04-05 make decision
• People like myself staying in BC Village use bus to come to Avon
• Neither to question #14. Will go to Vail
• Avon surely doesn't want to be the only ski town in NA to charge to go to the
slopes.
• You will screw this up royally if you drop us off at Tames. Don't do it. I spend
bud $$ here every year. I will spend it somewhere else if you do.
• Free rides are extremely helpful, convenient & bring spirit of Beaver Creek
comfort & hospitality.
• Free is good and an important reason we come to this location
• Paying would work if I could put it on my pass resort charge
• 1 would not come to Avon/BC to ski if you make changes to this bus service
• We will go to Vail if you charge for buses
• Haven't used the service before, but it is nice
0 Leave as is
AVON
<' U L C' k 4) C.
1. Are you in the area as a ?
2004 SKIER SHUTTLE SURVEY
Visitor/Guest ( ) Seasonal Resident () Year Round Resident ( )
2. As a Visitor/Guest, how long will your stay be?
1 week ( ) 2 weeks ( ) Other ( )
3. As Visitor/Guest, how long have you been coming to the Avon/Beaver Creek area?
First Time O 1-3 vears O 5-10 vears O Lonqer ( )
4. If you are a seasonal or year round resident, where are you living?
Avon ( ) Beaver Creek ( ) Vail ( ) Edwards O Other ( )
5. What is the purpose of this bus trip?
O To / from work O To / from shoppinq O Skiinq/Boarding O Other
6. If skiing/boarding, are you or anyone in your party going to ski school?
O Yes O No
7. What level of skier are you?
( ) Beginner I ( ) Intermediate II ( ) Advanced III
8. Where did you board the bus?
() Comfort Inn ( ) Avon Center () Avon Crossing/Canyon Run
() Sheraton Mtn. Vista ( ) Chapel Square () The Aspens
() Christie Lodge ( ) River Edge () Other
() BC West Condos ( ) Eaglebend
Beaver Creek is proposing a new quad lift to Bachelor Gulch that will board at the Tarnes Employee
housing site on Prater Road in Beaver Creek (Please see map on reverse side). This location would
be the new skier drop off. Only those who choose to transfer to another bus would be dropped off in
Beaver Creek Village, which is now the current skier drop-off location.
9. Do you care where you are dropped off to access the ski mountain?
( ) Yes ( ) No
10. Would you prefer The new Tarnes Quad Lift or Beaver Creek Village?
( ) Tarnes Quad Lift ( ) BC Villaqe
11. Are you willing to change buses at the Tarnes Quad Lift to reach Beaver Creek Village?
()Yes ()No
12. Are you willing to pay for bus service to BC Village? O Yes O No
13. Are you willing to pay for bus service to the Tarnes? ( ) Yes ( ) No
14. Given a choice, would you rather:
O Pay for direct bus service to BC Village?
() Transfer to a different bus at the Tarnes for free service to BC Village?
Comments
\v
2004
ON BOARD TRANSPORTATION SURVEY
General Passenger Survey for Avon Transit
Table of Contents
1. Introduction
Purpose
Research Objectives
Methodology
II. Summary
III. Detailed Findings
Passenger Profile
Bus Trip Purpose
Boarding / Departure Destination
Transportation Options and Awareness
Quality of Service
Passenger Comments and Suggestions
I. Introduction
Purpose
This general on board passenger survey research was
conducted to help Avon Transit better understand their
passengers and to investigate the quality of service provided
by The Town of Avon's bus system.
Research Objectives
The specific objectives of this research were to :
? Explore Ridership Profile
? Explore Frequency and Trip Purpose
? Explore Transportation System Options and
Awareness
? Current Quality of Service Levels
Methodology
Questionnaires were administered to riders on the Hurd Lane
Shuttle and Town Shuttle. Surveyors began the first session
on Friday, March 19th and completed their inquires on Sunday,
March 21St. Small samplings were conducted throughout the
following week during peak times for locals. The goal of the
survey was to reach a sampling of visitors/ guests, seasonal
and year round residents.
V
The following information shows routes utilized for the survey:
Route# Time Departure Location
A-440 06:45 a.m. -11:45 a.m. Avon Center
RA-421 11:00 a.m. - 03:45 a.m. Christie Lodge
RP-421 03:15 p.m. - 07:15 p.m. Christie Lodge
A-440 06:45 a.m. -11:45 a.m. Christie Lodge
RA-441 11:30 a. m. - 04:30 p.m. Christie Lodge
RP-442 03:30 p.m. - 07:15 p.m. Christie Lodge
RP-450 06:30 a.m. -11:30 a.m. Christie Lodge
This chart contains both Hurd Lane and Town Shuttle route service. Questionnaires
were distributed to passengers on these routes for all survey sessions.
II. Summary
This report presents the findings of questionnaires conducted with 131 passengers
during March 2004. This survey was conducted in both English and Spanish.
Passenger Profile
? Year round residents made up 49% of all passengers surveyed.
Seasonal residents were at 38% and visitors at 13%.
? Of the year round residents 92% resided in Avon with 1%
residing in Edwards. 7% expressed residing elsewhere with
either Eagle-Vail or Minturn written in as their place of
residence. 44% of year round and seasonal residents have
been living in the area for 2-5 years. 35% less than one year,
9% at 5-10 years and 12% longer than ten years.
? For visitors, 65% were staying in Avon. 12% were staying in
Beaver Creek and 23% were staying in Edwards. 29% of these
visitors were staying one week with 24% staying two weeks
and the majority 47% specified "other". First time visitors to
Avon totaled 53% of those surveyed. 35% had been coming
here 1-3 years and 12% have been repeat visitors for longer
than 10 years.
G
Bus Trip Frequency and Purpose
? Commuting to work was the leading reason for trip purpose,
59% of all respondents were using this service to get to/from
work. 12% were using the bus for shopping purposes. 11%
were using the Town of Avon Shuttles for personal business
and 9% to/from school.
? Town of Avon bus riders used the system on average in any
given week more than ten times (29%) with 20% expressing use
of five times a week.
Boarding / Departure Destination
? The Aspens Mobile Home Park was a key boarding area (42%)
followed by Westgate (11%) and the Avon Center (10%).
? City Market was the destination of 38% of respondents. The
Avon Center represented the destination of 28% of those
surveyed on Town of Avon buses with 41% of total respondents
transferring to a different bus to reach their final departure
destination.
Transportation Options and Awareness
? A full 57% of survey respondents did not have access to a
vehicle for personal use. 33% had access to a vehicle for
personal use sometimes. Most respondents would walk (66%)
if the bus system did not operate.
? A slim margin marked the difference between passengers
aware of who operates the free bus system (52%) with
passengers who were not aware (48%).
? When asked about paying for service to the Village of Avon
Wal-Mart and Home Depot stores, more passengers surveyed
would not pay for this service (62%) than would pay (38%).
C\,
Quality of Service Levels
? The ratings on selected system attributes were high. The
ratings reflect a high rate of passenger satisfaction with the
bus system.
? Reliability of bus service, frequency of bus service and the
safety of bus drivers ranked highest with 82% of respondents
giving these areas an excellent or very good rating.
e-
III. Detailed Findings
This report compiles and details survey findings conducted in March 2004.
Passenger Profile
Type of Passenger
Respondents %
Visitor/Guest 17 13%
Seasonal Residents 50 38%
Year Round Residents 64 49%
Base: Total Respondents 131
Avon
Beaver Creek
Edwards
Base: Total Respondents
One Week
Two Weeks
Other
Base: Total Respondents
Location of Visitor Stay
Respondents %
11 65%
2 12%
4 23%
17
Visitor Length of Stay
Respondents %
5 29%
4 24%
8 47%
17
Visitor Length of Time Coming to Avon/Beaver Creek Area
Respondents %
First Time 9 53%
1-3 Years 6 35%
5-10 Years 0 0%
Longer 2 12%
Base: Total Respondents 17
Location of Residence for Seasonal and Year Round Residents
Respondents %
Avon 104 92%
Beaver Creek 0 0%
Vail 0 0%
Edwards 2 1 %
Other 8 7%
Base: Total Respondents 114
Length of time Seasonal and Year Round Residents have been living here
Respondents %
Less than 1 year 40 35%
2-5 years 50 44%
5-10 years 10 9%
Longer 14 12%
Base: Total Respondents 114
Bus Trip Purpose
Purpose of This Bus Trip
Respondents %
To / From Work 77 59%
To / From Shopping 16 12%
Medical Appointment 2 1 %
School/College 12 9%
To/From Recreation 6 5%
Personal Business (bank, post office, etc.) 14 11%
Skiing/Ski School 4 3%
Base: Total Respondents 131
r'
Boarding / Departure Destination
Passenger Location Upon Boarding the Bus
Respondents %
Aspens Mobile Home Prk. 59 42%
Avon Center 14 10%
City Market 24 17%
River Edge 6 4%
Christie Lodge 4 3%
Comfort Inn 2 2%
Avon Recreation Ctr. 2 2%
Westgate 16 11%
Beaver Creek Elk Lot 0
Eaglebend 6 4%
Avon Crossing/Canyon Run 6 4%
Sheraton Mtn. Vista 2 1 %
Base: Total Respondents 141
Aspens Mobile Home Prk.
Avon Center
City Market
River Edge
Christie Lodge
Comfort Inn
Avon Recreation Ctr.
Westgate
Beaver Creek Elk Lot
Eaglebend
Avon Crossing/Canyon Run
Sheraton Mtn. Vista
Base: Total Respondents
Passenger Departure Destination
Respondents %
14 10%
38 28%
52 38%
2 2%
0 0%
4 3%
4 3%
4 3%
6 4%
4 3%
0 0%
8 6%
136
Transfer Passengers
Respondents %
Yes 46 41%
No 66 59%
Base: Total Respondents 112
h-
Transportation Options and Awareness
Number of Times Passengers Use the Bus System Weekly
Respondents %
One 0 0%
Two 2 2%
Three 12 10%
Four 10 8%
Five 24 20%
Six 8 6%
Seven 10 8%
Eight 12 10%
Nine 0 0%
Ten 8 7%
More than Ten 36 29%
Base: Total Respondents 122
Passenger Access to a Vehicle for Personal Use
Respondents %
Yes 12 10%
No 70 57%
Sometimes 40 33%
Base: Total Respondents 122
If Bus Service did not Exist, How would your make
this trip
Respondents %
Personal Vehicle 15 13%
Taxi 8 7%
Hitch Hike 10 8%
Would not make the trip 2 1 %
Walk 80 66%
Other 6 5%
Base: Total Respondents 121
Knowledge of Who Operates this Free Bus Service
Respondents %
Yes 62 52%
No 58 48%
Base: Total Respondents 120
X
Passenger willingness to pay for service to
Wal-Mart/Home Depot
Respondents %
Yes 46 38%
No 74 62%
Base: Total Respondents 120
Quality of Service Levels
Excellent
Very Good
Good
Fair
Poor
Base: Total Respondents
Excellent
Very Good
Good
Fair
Poor
Base: Total Respondents
Excellent
Very Good
Good
Fair
Poor
Base: Total Respondents
Reliability of Bus Service
Respondents
66
32
20
2
0
55%
27%
17%
120
Frequency of Bus Service
Respondents
40
60
22
0
0
120
Safety of Bus Drivers
Respondents
56
42
22
0
0
33%
49%
18%
47%
35%
18%
122
Excellent
Very Good
Good
Fair
Poor
Base: Total Respondents
Excellent
Very Good
Good
Fair
Poor
Base: Total Respondents
Excellent
Very Good
Good
Fair
Poor
Base: Total Respondents
Excellent
Very Good
Good
Fair
Poor
Base: Total Respondents
Excellent
Very Good
Good
Fair
Poor
Base: Total Respondents
Number of Bus Stops
Respondents
36
48
28
5
0
31%
41%
24%
4%
118
Courtesy/Knowledge of Bus Drivers
Respondents
42
46
28
2
0
36%
39%
25%
118
Quality of Bus Stops
Respondents
32
58
22
8
0
120
Clarity of Bus Schedules
Respondents
48
48
24
27%
48%
19%
6%
40%
40%
20%
120
Awareness of Bus Service
Respondents
42
48
20
4
0
37%
42%
18%
3%
114
4-
Passenger Demographics
Age
Respondents %
Under 18 6 5%
18-24 50 40%
25-35 38 31%
35-44 14 11%
45-54 12 10%
55-64 4 3%
65+
Occupation
Respondents %
Sales 10 8%
Manager/Professional 6 5%
Homemaker 4 3%
Food Service 32 26%
Construction/Laborer 28 23%
Technician/Administrative 2 1 %
Student 14 11%
Hospitality 10 8%
Service 12 10%
Retired 6 5%
Base: Total Respondents 124
V
Avon/Beaver Creek Transit
Winter 2004 On Board Survey
Sample Questions:
1. Are you in the area as a:
Visitor/tourist { ) Seasonal resident { } Year round Resident { }
2. If you are a visitor/tourist, where are you staying?
Avon { } Beaver Creek { } Vail { } Edwards { } Eagle-Vail { } Other { }
3. If you are a seasonal or year round resident, where are you living?
Avon { } Beaver Creek { } Edwards { } Eagle-Vail { } Other { }
4. If your are a visitor/tourist, how long will your stay be?
1 week { } 2 weeks { } Other { }
5. How long have you been coming to the Avon/Beaver Creek area?
First Time { ) 1-3 years {} 4-6 years { } Longer o
}
6. If you are a resident, how long have you lived here?
Leas than 1 year { } 2-5 years { } 5-10 years { } Longer { }
7. What is the purpose of this trip?
{ } To / from work { } To / from recreation () Other
{ } To / from shopping { } To / from school/college
{ } Medical Appt. { } Personal business (bank, post office, etc.)
{ } School / College O Skiing / Ski School
8. Where did you board the bus?
{ } Aspens Mobile Home Park { } Christie Lodge { } Beaver Creek Reception Ctr.
{ } Avon Center { } Comfort Inn { } Eaglebend
{ } City Market { } Avon Recreation Ctr. { } Avon Crossing/Canyon Run
{ } River Edge { } Westgate { } Sheraton Mtn. Vista
9. Where will you get off the bus?
{ } Aspens Mobile Home Park { } Christie Lodge { } Beaver Creek Reception Ctr.
{ } Avon Center { } Comfort Inn { } Eaglebend
{ } City Market { } Avon Recreation Ctr. { } Avon Crossing/Canyon Run
{ } River Edge { } Westgate { } Sheraton Mtn. Vista
10. Will you be transferring to a different bus to reach your destination?
{) Yes, transferring where
() No, final destination -
11. Resident - How often do you ride the bus in an average week?
Visitor - How often will you use the bus system during your stay?
1 2 3 4 5 6 7 8 9 10 More than 10 times (circle answer)
12. Do you have access to a vehicle for your personal use?
{ } Yes, always { } No { } Sometimes
13. If this service did not operate, how would you make this trip?
{ } Personal Vehicle { } Taxi { } Hitch hike { } Would not make trip { } Other { } Walk
14. Do you know who operates this free bus service? () Yes () No
15. Would you be willing to pay for shuttle service to and from Walmart/Home Depot? () Yes () No
16. Please rate the quality of service:
Excellent Very Good Good Fair Poor
17. Reliability of Bus Service { } { } { } { } { }
18. Frequency of Bus Service { } { } { } { } { }
19. Safety of Bus Drivers { } { } { } { } { }
20. Number of Bus Stops { } { } { } { } { }
21. Courtesy/Knowledge of Bus Drivers { } { } { } { } { }
22. Quality of Bus Stops { } { } { } { } { }
23. Clarity of Bus Schedules (} { } { } { } { }
24. Awareness of Bus Service { } { } (} { } { }
25. What is your age?
( } Under 18 { } 18-24 (} 25-35 (} 35-44 { } 45-54 { } 55-64 ()+65
26. What is your occupation?
{ } Sales (} Construction/Laborer { } Student
(} Managerial/professional { } Technical/Administrative { } Service/Sales
{ } Homemaker { } Unemployed/Retired
{ } Food Service { } Hospitality
Additional Comments
Memo
To: Honorable Mayor & Town Council
Thru: Larry Brooks, Town Manager
From: Meryl Jacobs, Fraidy Aber C t'" G
Date: April 7, 2004
Re: Salute sponsorship update
Summer programs & events
Avon Lakeside Cinema proposal
Summary: Staff is gearing up for a busy summer season and will be present at the
town council work session on April 13th to discuss the topics listed above. Suggestions
and questions will be welcomed.
Town Manager Comments:
SALUTE SPONSORS TO DATE:
Following is a list of sponsors to date. There are still of number of business that we are
waiting to hear a final answer from - although they are definitely committed at some
level.
Stars: (10,000)
Beaver Creek Resorts
Stripes: (6,000)
Western Enterprise
Traer Creek
Home Depot
Eagle County
Coors Light (3,000 plus in kind)
Sparklers: (1,000)
Beaver Liquors
Avon Business Association
Slipher, Smith and Frampton
Alpine Bank
First Bank (2,000)
Stan Bernstein
Christie Lodge (500 plus rooms)
Total Committed to Date:
$43,500
OPEN:
Walmart (min 1,000)
City Market (min 1,000)
Beaver Creek West
Gart Sports
Pier One
Office Depot
Chevrolet
And more...
2004 CALENDAR OF AVON'S SPECIAL EVENTS
May 29
OPENING DAY NOTTINGHAM LOG CABIN
Avon will welcome in summer on this holiday weekend with the opening of the Log Cabin.
Paddles, row boats, bike, and scooter and fishing rod rentals, will be available throughout the
season.
June 5
NOTTINGHAM LAKE FISHING DERBY: Children under 15 are invited to get out and enjoy free
fishing during the first day of National Fishing and Boating Week by entering in the annual
Fishing derby at Nottingham Lake. The Town of Avon, Holy Cross and Eagle Ranger Districts,
and the Colorado division of Wildlife sponsors the event. A limited supply of fishing poles will
be available and prizes will be awarded for various categories!
June 14
SOMETHING FUN SUMMER DAY CAMO OPENING DAY.
This year's camp, open to 5 - 12 year olds, will run 5 days a week from 7:30 - 5:15. The camp
will be moving from Avon Elementary to the Log Cabin and Rec Center as its home base.
Activities will include swimming, paddle boating, tennis, group sports and more. Various field
trips will be scheduled weekly throughout the summer. Registration for Avon residents opens
April 26 and open registration is May 3.
June 25 - 29
VAIL LACROSSE TOURNEMENT is one of the most prestigious annual Club Lacrosse
Tournaments in the world. Teams converge from all over the country to compete in 10
divisions, starting from under 13 all the way to elite. A number of the games are played in
Avon's in Nottingham Park from June 25-29; the tournament runs through July 4. Details are
on vwvw.vaillacrosse.com.
June 28
THE GREAT RACE
The Great Race is the oldest Vintage Car Road Race in the Country. All participating vehicles
must be at least 45 years old. This year's race begins in Jacksonville, Florida and in two weeks
travels through 40 cities all the way to Monterrey, California. The Racers will be stopping in
Avon on Monday June 28m for a Pit Stop and Gas Stop. Visitors can see the cars, speak with
the drivers and welcome them to Avon. www.greatrace.com
July 3
SALUTE TO THE USA: Over 10,000 shells explode in the sky above Avon during COLORADO
ROCKIES's LARGEST display that is choreographed to a musical score simulcast on 97.7 the
Zepher. But that's not all. The Concert and children activities begin at 5:00, and vendors serve
out food and drink. This year's headliner is zydeco superstar C.J. Chenier and the Red hot
Louisiana Band. The grand finale fireworks display kicks-off at 9:45 over Nottingham Lake.
July 10
TRIPLE BYPASS BICYCLE TOUR: The T.B.B.T tour is a 120 miles ride with over 10,000 feet of
elevation gain. And yet, over 3,000 riders dare it every year. It starts in Evergreen and climbs
over Squaw Pass, Loveland Pass and over Vail Pass to the finish line in Avon at Nottingham
Park. For more information log on to www.teameverareen org.
July 16-18
THUNDERBIRD ARTS FESTIVAL: This juried arts festival exhibits in outdoor settings throughout
Arizona, Colorado and California. The show features paintings in all mediums, batiks, mixed
media, clay, copper and stone sculptures, etched and stained glass, pottery & more. This year
this event is moving to Nottingham Park and will feature wine tasting and food.
June 1 1
91 1 TRAINING CAMP FOR KIDS This free one-day event will introduce youth ages 9-1 1 to the
Emergency Medical Service agencies in Eagle County. Activities will include an introduction to
water safety and rescue, swimming/lifesaving techniques, CPR and first aid, traffic and fire
safety and a self-defense/personal protection class. Sign Up at Avon Rec Center.
July 23, 30 & August 6, 13, 20, 27
AVON'S LAKESIDE CINEMA - proposed dates
Gather friends and family and stretch out on Nottingham Field and for Avon's New Lakeside
Cinema - and outdoor film series on Summer Friday nights. Each week a large screen will be
erected and classics and favorite films will be shown at dark. Vendors will have concessions.
July 29th
AMERICAN CROWN CIRCUS This Circus is family entertainment at its best. America's newest
and most beautiful circus is a family acrobatics circus. You will get to see acrobats, jugglers,
aerialists, balancers and clowns. There will be two shows (6:00 pm and 8:00 pm) at
Nottingham Park. There are no exotic animals in the performance and the MCs are bilingual.
July 31
ANGELS IN ACTION
(Date may change) This race is to benefit Crissa Lea Swimford Memorail Scholarship Fund.
The 5K race is a timed event as well as a fun run/walk. The route starts in at the Log Cabin and
continues down the bike path and returning to the finish line in Nottingham Park.
August 13, 14, 15
AVON ANTIQUE SHOW
Three days of antiques in Nottingham Park,
August 29th
AVON HIGH COUNTRY TRIATHLON/DUATHLON Triathletes swim 800 yards in the Avon
Recreation Center pool followed by a challenging 14 mile vertical bike ride through Bachelor's
Gulch and a 5-mile run through Nottingham Park and along the bike path to Arrowhead and
back to the finish line in Nottingham Park. Race begins at 7:30 am. Registration opens April 15.
September 19 - 24
STEAMING TO STEMABOAT. This tour is open to production steam cars (models prior to 1930)
and 25 cars - with drivers from around the world are expected. The cars will start in the heart
of Colorado Country at the height of the fall color season. The tour begins and ends in Avon
and the tour will steam up to Steamboat Springs (85 miles) for three nights. A welcome event
is being planned for the first weekend.
October Z-4
VAIL VALLEY SOCCER INVITATIONAL TOURNAMENT Soccer fans come out and watch 80
Front Range and western slope youth soccer teams battle for the VVS Invitational cup.
Avon's Lakeside Cinema
WhatP
A new outdoor film series could come Nottingham Park this summer - Avon's Lakeside
Cinema. It would run for six weeks in the height of the summer from mid July to mid
August and will feature favorites and classics for all ages. Pre-film activities will include
local bands and other recreational activities including large yoga classes, sports
equipment demos and visiting performers. Vendors will sell food and drink and raffle
prizes will be awarded through the evening.
IPWhereV
Avon's Lakeside Cinema is named for the magical site where it will take place, the field
in Nottingham Park alongside the Lake. With awesome 360-degree views of the
surrounding mountain ranges, this spectacular site encompasses 45 acres, including a
full size soccer field, picnic areas, a children's playground, beach volleyball, and running
trails. Park amenities include hundreds of free parking spaces within close walking
distance, two restroom structures, electricity, lit night paths, paddle bots, bike, and
canoe rentals, and bike access to neighboring communities. The screen will sit on the
southern side of the field facing north. The sunset will be visible to the west each
evening.
VWh0V
Outdoor Cinemas are crowd pleasers all over the country. We are conservatively
estimating over 1,000 attendees per evening. Avon's lakeside cinema will attract locals
as well as weekenders and road trippers. Friends and families will come out and visit
vendors before the movie and then settle in for the evening's feature. The Outdoor
cinema is an activity for all ages - young and old, even including teens.
VIn 2004'W
We are receiving great support for our inaugural year. The Vail Daily has tentatively
committed extensive paper coverage and free advertising for the series. Local radios
have expressed willingness to work on marketing and advertising initiatives for the
series. The ABA is willing to coordinate local business and programs around the
evenings, including raffles each week and a large prize package at the final evening.
We have collectables and business ties that can be planned into the series as well.
V?- 0 N
;
LAKESIDE CINEMA BUDGET.
Item Specifications Cost Proposed Budget
Video Projection System (One Time Cost)
Screen 13'x 17' 4,289
Dvd player progressice scan player 170
Projector min. 500 lumens 6500
Speakers 800
Speaker Wire (4) 50 foot cables 160
Extension cords 100
Scaffolding (to affix screen) 2000
Tools 200
Subtotal 14,219
Promotion and Branding
Banners alongside screen 2000
Advertisement 1500
Graphic Design 500
Poster Printing 500
Subtotal 4000
Nightly Operational Costs
Movies (each film 150 - 400) 300
Misc. Supplies rope, bungee, tape 25
Staff Time 250
Subtotal (Nightly) 575
TOTAL
2004 6 shows 21,669
?005 6 shows 7.415
LAKESIDE CINEMA FUNDING:
Sponsors will be solicited for the series. In lieu of sufficient funding, we could charge viewers
$ I - which would help defray costs)
Level Amount
Action 10,000
Light 5,000
Camera 2,000
Supporting 1,000
Expected Commitment
hopeful
2 sponsors
3 sponsors
5 sponsors
TOTAL: 21,000
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: April 8, 2004
Re: Water Rights Analysis
Summary: Draft Memorandums from Leonard Rice Engineers, Inc., dated April 5
and April 8, 2004 are attached for your information. These Memorandums contain a summary
of information related to the Town's water rights, water consumption and corresponding
development. We are still working with Les Botham to clarify the presentation of the
information in the analysis and to identify related information that may help in understanding
our current and projected future position with respect to water rights and potential
development. Some of the issues we expect to clarify further prior to completion of the Final
Draft include:
1) Correlate LRE Analysis with UERWA Analysis
2) Identify and separate non-development related consumption from development related
consumption
3) Identify and reassign water consumption, on a pro-rata basis, for common facilities
such as the Water Treatment and Sewer Treatment Plants used by other water related
entities
4) Establish projected water rights requirements per unit of development to help evaluate
development proposals that exceed current approved density
5) Project maximum development that can be developed under the Town's existing
water rights
We anticipate meeting with the Upper Eagle Regional Water Authorities water engineer and
water attorney as quickly as a meeting can be arranged to try and resolve discrepancies that
may exist in the two analyses and to develop a method to address development proposals that
may exceed current projections. Our goal is to resolve these issues prior to finalization of the
report and possible modifications to the water rights lease agreement with the UERWA.
No action is requested at this time, but we would like to have any questions or comments
related to this issue. This will help in finalizing the report.
1 AEngineering\WaterAWater Rights\Report Memo.Doc
Town Manager Comments:
• Page 2
DRAFT MEMORANDUM
TO: Norm Wood
FROM: Leslie Botham and Mary Presecan
CC: Gary Greer
FILE: 269AMD
DATE: April 8, 2004
RE: Water Required for Development
COMPARISON WITH THE CONDITIONS IN THE LEASE
Per the current lease with UERWA (the Authority), the Town of Avon (Avon) is limited to the
following: "348.17 acre-feet of water leased to the Authority will serve no more than 3975 SFE."
As of the end of 2003, Avon's estimated SFE total was 3,102.4. This is 78.0% of the
3,975 limit imposed by the Authority in the current lease.
Leonard Rice Engineers, Inc. (LRE) computes Avon's augmenting requirement for
calendar year 2003 to have ranged between 227.8 to 256.7 acre feet. This is 65.4 to 73.7
percent of the 348.17 acre feet of fully consumable credits leased to the Authority. The
low estimate assumes that the volumes of water reported as diverted for the water
treatment plant (AWTP) and the wastewater treatment plant (UEVSD) represent the total
of all the water diverted at those facilities, and that Avon is responsible for a portion of
the total (1/6 for UEVSD and 1/10 for AWTP). The high value assumes that the total
reported is Avon's portion, and that the total diverted at each facility is much larger.
LRE estimates that 3,975 SFEs will only require 284.2 to 322.3 acre feet of credits.
Conversely, LRE estimates that 348.17 acre feet of credit will serve 4,369 to 5,119 SFEs.
COMPARISON OF LEASE, WILLIAMSEN, AND LRE ESTIMATES OF AUGMENTING
REQUIREMENT RATIOS
• The current lease establishes a ratio of augmenting requirement per SFE of 0.088 (348.17
/3,975).
• Williamsen, in the Helton and Williamsen report to the Authority dated 1/22/2002,
established a average-year ratio of 0.080 (336.3/4,228), and a high-year ratio of 0.086
(365.2/4,228). Both of these ratios are lower than the value in the current lease.
Williamsen may have made other computations, since the 1/22/2002 report.
• LRE computes a range for this ratio for calendar year 2003 from 0.077 to 0.086; see
description above for the low and high conditions. Both of these ratios are lower than the
current lease ratio.
• LRE projects that the ultimate development (4,641 SFEs) ratio will decline slightly, to a
range of from 0.069 to 0.079. While we expect that the per-SFE ratio will go down for
the future (because of the fixed accounts), the values may not be this low. This is
because the projected increase in irrigated area appears to be much larger than the
LEONARD RICE ENGINEERS, INC.
2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAX (303) 455-01 1 5
Draft Memorandum to Norm Wood
April 8, 2004
Page 2
projected increase in SFEs. See qualifying discussion below concerning the "current
approach."
• These four points of view (lease, Williamsen, and LRE) are shown graphically on the
chart below.
PROJECTED ULTIMATE AUGMENTING REQUIREMENT
Using the current approach, LRE projects that the ultimate augmenting demand will be from
321.5 to 365.9 acre feet. The current approach is based on:
• calendar year 2003 metered water demand (adjusted for the increasing SFEs) and
pumping from the lake;
• subtracting the fixed account (pumping from the lake, potable irrigation taps identified by
Norm Wood (medians, etc.);
• projecting the future demand for the "floating" accounts to 4,641 SFEs;
• Adding back in the fixed accounts; and
• Applying the monthly depletion factors.
We believe these results are somewhat low because projecting the future floating demand on the
basis of SFEs doesn't take into account the fact that the irrigated area associated with the floating
accounts is expected to grow at a larger rate than the SFEs. We think we should take more time
to study this further.
AMD.MTF.040704.doc
LEONARD RICE ENGINEERS. INC.
2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAX (303) 455-01 1 5
DRAFT MEMORANDUM
TO: Norm Wood
FROM: Leslie Botham and Mary Presecan
CC: Gary Greer
FILE: 269AMD05
DATE: April 5, 2004
RE: Future Water Use Analysis
On January 22, 2002, Helton & Williamsen, PC prepared an Analysis of Water Rights, Future
Water Use, and Related Water Right Issues for the Town of Avon. Upon review of that report the
Town of Avon (Avon) identified various issues requiring a more detailed look. Items requiring
additional analysis included the following:
1) What is an accurate estimate of ultimate projected growth and therefore estimated SFE's
for Avon?
2) How much area is currently irrigated within Avon? What is the estimate of future
irrigated area in Avon?
3) Does Avon have sufficient consumptive use credits to meet current and future needs?
4) With multiple years of data, does anything about Avon's augmentation plan need
rethinking?
Avon Existing and Estimated SFE's
Upper Eagle River Water Authority (UERWA) and Avon have different systems for measuring
development. UERWA utilizes a single family equivalent (SFE) unit of measurement for
residential and commercial development. Avon utilizes a system of domestic units (DU) to
measure residential and commercial development. Much work has been done and is currently
being done to reconcile the differences between SFE and DU. Avon believes it is important to
reconcile these differences because the DU unit of measurement is the unit of measurement used
in Avon's augmentation plan (84CW225) and in subsequent modifications to that plan. In
addition, Eagle River Water and Sanitation District (ERWSD), a division of UERWA, reports
water consumption on an SFE basis. For Avon to be able to use the water consumption
information for analysis purposes it is important to understand the SFE unit of measurement.
The task of reconciling differences between SFE and DU is an ongoing process in which Avon is
actively involved. This memo will not attempt to reconcile any of those differences. This memo
will however summarize where Avon currently is in the process. By looking at every water
account in the Town, Avon has determined the existing SFE count in Avon. Results of this work
and a comparison to ERWSD are presented in Table 1. Upon review of this information by
LRE, those accounts inside the Avon Metro area, not within the city boundary but supplied with
Avon water were included. The two accounts included in the existing SFE count included 5.2
SFE for McGrady Acres in Avon Metro not within Avon and 1.5 SF_E for Vail Associates Red
House. The existing SFE count for Avon as of December 31, 2003 is 3,102.4. The ERWSD
existing SFE count for the same accounts as of December 31, 2003 is 3,079.6.
LEONARD RICE ENGINEERS, INC.
2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAx (303) 455-01 1 5
Draft Memorandum to Norm Wood
April 5, 2004
Page 2
Table 1
Existin SFE's as of December 31, 2003 and Estimated Future SFE
Avon ERWSD
SFE's as of December 31, 2003 3,102.4 3,079.6
Future Estimated SFE 4 641
An analysis of future SFE count was performed by Avon based on current zoning patterns.
Based on current zoning, Avon projects their future SFE count will be 4,641. This estimate
includes the McGrady Acres and Vail Associates Red House developments previously discussed
and the 200 estimated SFE for Avon Station, as identified in the 1990 Avon augmentation plan.
In addition, it includes 5.8 SFE for the Avon Wastewater Treatment Plant (called UEVSD in the
Town of Avon Lot Development Summary). Based on Avon's current and future estimated
SFE's, Avon is projected to grow by 49.6% with respect to SFE.
Current and Future Irrigated Area
Avon has been in the process of determining current and estimating future irrigated area in the
town. LRE reviewed the work done by Avon and made the following additions for the purpose
of this analysis. For the Avon Station development, 1.8 acres of future irrigation was included
per the 1990 Augmentation Plan. Irrigated area was included for the McGrady Acres and Vail
Associates Red House developments previously discussed. For the purpose of this analysis, each
lot was assumed to have 0.3 acres irrigated area (the average irrigated area per lot for Avon is 0.3
acres per lot). The Vail Associates Red House is assumed developed as of the 1998 reference
date of the Avon analysis and of the 9 irrigable lots in McGrady acres, 3 are assumed developed.
Current and estimated future irrigation in Avon are summarized in Table 2.
Table 2
Current and Future Irrigated Area
Total Irrigated Area
Current Irrigated Area 79.9 acres
Current Potable Irrigation 54.7 acres
Current Non-Potable Irrigation 25.20 acres
Future Potable Irrigation 92.35 acres
Future Total Irrigation 117.55 acres
Current conditions includes potable and non-potable irrigated area.
b/ Future total irrigation assumes no increase in non-potable irrigation.
Based on the irrigated area analysis performed by Avon, potable irrigation is projected to
increase by 68.8 percent.
Consumptive Use Requirements
To evaluate the question, "Does Avon have sufficient consumptive use credits to meet their
current and future needs?" LRE conducted two different analyses. The first analysis was a
modification of the analysis performed by Tom Williamson in the January 22, 2002 Town of
Avon Report. The second analysis was a focused look at 2003.
ICV LEONARD RICE ENGINEERS, INC.
2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • Fax (303) 455-01 1 5
Draft Memorandum to Norm Wood
April 5, 2004
Page 3
For the first analysis, LRE modified the H&W approach in the following ways:
1) Incorporation of 2002 SFE and water consumption data provided by Tom Williamsen,
2) Adjustment of lake evaporation for the existing development conditions,
3) Incorporation of average Nottingham Lake pumping data for non-potable irrigation, and
4) Projecting future demand based on Avon's modified future SFE projection.
For the second analysis, LRE focused on the data available for 2003. 2003 was chosen as the
focus year because it is the most recent available data and because Avon was more comfortable
with their understanding of what data were reported. The detailed 2003 analysis included the
following components:
1) Non-potable irrigation was provided by Avon as the amount pumped out of Nottingham
Lake in 2003.
2) Average lake evaporation is based on the Avon's measurement of the surface area of
Nottingham Lake and the associated sedimentation basin.
3) The SFE development by month was calculated from the known number of existing SFE
as of December 31, 2003 and the 2003 monthly certificates of occupancy and temporary
certificates of occupancy granted by Avon.
4) The monthly water consumption was determined from ERWSD metered deliveries by
tap. Irrigation and sprinkler accounts were included in the metered delivery per day per
SFE.
5) The 2003 detailed analysis was projected forward based on Avon's projected future SFE
count of 4,641 SFE.
Through a review of the accounts, it was found that accounts existed for the Avon Water
Treatment Plant (AWTP) and the Upper Eagle Vail Sanitation District (UEVSD) (referred to
locally as the Avon Wastewater Treatment Plant). In 2003, the annual consumption at AWTP
was 41.940 million gallons (128 acre-feet) with no associated SFE. The UEVSD account had an
annual total consumption of 6.949 million gallons (21 acre-feet) and 5.8 SFE in 2003. LRE has
been in communication with various members of ERWSD to understand how these accounts,
their water consumption, and their associated SFE are incorporated into Avon's annual water
consumption.
In a telephone conversation with Becky Bultimeyer, ERWSD CPA in Utility Billing, it was
leaned that approximately 10 different entities are serviced by the AWTP and 6 different entities
are serviced by UEVSD. Until clarification of how the AWTP and UEVSD account are handled
with respect to multiple entities, the following assumptions were made.
• The first scenario assumes that the amount reported on the ERWSD annual water
consumption report already takes into consideration the various parties serviced by the
two entities. As such, the water consumption reported in the ERWSD report is that
proportion of the total amount of water for which Avon is responsible. This first scenario
is referred to as the High scenario.
• The second scenario, the Low scenario, assumes that Avon is responsible for 1/10`h of the
AWTP water consumption and 1/6`n of the UEVSD water consumption. Table 3
LEONARD RICE ENGINEERS INC.
2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAx (303) 455-01 1 5
Draft Memorandum to Norm Wood
April 5, 2004
Page 4
summarizes the results of the detailed 2003 analysis and the modified H&W approach in
comparison to the original analysis presented in the January 22, 2002 H&W report.
Table 3
Comparison of Different Analyses of
Predictions of Water Demand and Depletion
Original H&W Analysis LRE Modified LRE Detailed
January 22, 2002 H&W A roach 2003 Analysis
Avg Year = 336.3 a /year Avg Year = 351.4 a /year High (Domestic and Irrigation - including all
AWTP and UEVSD a/ = 365.8 af/ ear
High Year = 365.2 a /year High Year = 375.6 a /year Low (Domestic and Irrigation - excluding a
portion of AWTP - UEVSD a/ = 321.3 af/ year
SFE's = 4,228 SFE's = 4,641 SFE's = 4,641
a/ Detailed 2003 analysis evaluated a high and low consumptive use requirement. The high end of the range assumes
the total amount of water consumed and reported at the Avon Water Treatment Plant (AWTP) and the Upper Eagle Vail
Sanitation District (UEVSD) and the 5.8 SFE associated with UEVSD are within the amount requiring augmentation by
Avon. The low end assumes the AWTP and UEVSD water use and associated SFE are not included in the amount
requiring augmentation coverage b Avon.
The detailed 2003 analysis results in the broadest range of consumptive use requirement for
Avon. Assuming Avon's right to 448 acre-feet of consumable water, the excess historic
consumptive use credits at build-out will be between 82.2 and 126.7 excess credits.
Additional Comments
1) While it is not necessary to include the same contingency applied to the original augmentation
plan, Avon may consider it desirable to have some reduced amount of contingency built into
their plan. A 5% contingency on SFE would add an additional 232 SFE to the future projection.
The resulting consumptive use requirement for the 4,873 SFE would range from 381.1 to 334.2
required credits for the high and low range of the detailed 2003 analysis.
2) Based on Avon's current and future estimated development, Avon is projecting to grow by 50
percent with respect to SFE's and 69 percent with respect to potable irrigation. Based on this
information, the detailed 2003 analysis and the modified H&W analysis would tend to
underestimate the demand associated with the increased irrigation. The consequence of irrigated
area growing more than SFE relates to monthly depletion factors. If irrigated area growth is
greater than SFE growth, decreed monthly depletion factors will underestimate required
depletions. If irrigated area growth is less than SFE growth, decreed monthly depletion factors
will overestimate the depletions and therefore overestimate the consumptive use credits to meet
current and future needs.
Conclusions
1) The Town of Avon has a total of 448 acre-feet of consumable water to be applied as
consumptive use credits for development.
LEONARD RICE ENGINEERS, INC.
2000 CLAY STREET, SUITE 300, DENVER, COLORADO 60211-5119 • PHONE (303) 455-9589 • Fax (303) 455-01 1 5
Draft Memorandum to Norm Wood
April 5, 2004
Page 5
2) As of December, 31 2003, Avon has 3,102.4 SFE which includes 5.8 SFE for UEVSD,
5.2 SFE for McGrady Acres located in Avon Metro outside Avon's town boundary, and
1.5 SFE for the Vail Associates Red House.
3) Avon is expected to grow to 4,641 SFE. There is no contingency associated with this
projected build-out number.
4) At build-out of 4,641 SFE, Avon's consumptive use requirement ranges from 321.3 to
365.8 acre-feet per year.
5) At build-out of 4,641 SFE, Avon's excess consumptive use credit will range from 126.7
to 82.2 acre-feet per year.
6projects\269amd\lre analysis and deliverables\amd.memo. 032604.doc
LEONARD RICE ENGINEERS, INC.
2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAX (303) 455-01 1 5
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Town of Avon- Job 269AMD05 Preliminary July 20, 2000
I Table A3
Town of Avon's Evaporation from Ponds and Benchmark Lake
Evaporation (Acre Feet) for Number of Acres Shown
Month Evaporation, Avon's Evaporation
Inches
BM Lake BM Sed Pond Meyer's Lake Contingency Total
15.3 0.4 0.0 0.0 15.7 << Acres
In Season (a) :
May (Net) 3.720 4.743 0.124 0.000 0.000 4.867
June 4.56 5.814 0.152 0.000 0.000 5.966
July 5.04 6.426 0.168 0.000 0.000 6.594
August 4.44 5.661 0.148 0.000 0.000 5.809
September 3.84 4.896 0.128 0.000 0.000 5.024
October (Net) 2.28 2.907 0.076 0.000 0.000 2.983
Sub Total 23.88 30.447 0.796 0.000 0.000 31.243
31.243
Out of Season (b):
November 1.08 1.377 0.036 0.000 0.000 1.413
December 1.08 1.377 0.036 0.000 0.000 1.413
January 1.08 1.377 0.036 0.000 0.000 1.413
February 1.08 1.377 0.036 0.000 0.000 1.413
March 1.08 1.377 0.036 0.000 0.000 1.413
April 3.12 3.978 0.104 0.000 0.000 4.082
Sub Total 8.52 10.863 0.284 0.000 0.000 11.147
Total 32.4 41.310 1.080 0.000 0.000 42.390 2.70 AcFt/Ac
42.390
1.080 0.000
Note:
(a) Irrigation-season evaporation is augmented using in-season historic consumptive use credits.
(b) Non-irrigation-season evaporation is augmented by historic consumptive use credits stored during
the irrigation season, and released/used during the non-irrigation season.
Leonard Rice Consulting Water Engineers, Inc. ( Printed 4/5/2004 ) File: HW Approach - Water Utilization 2004.xls
Client- Job Preliminary 2003
Table A4
Nottingham Lake Pumping
(gallons - end of month)
1999 2000 2001 2002 2003 Average
Jan 0 0 0 0 0 0
Feb 0 0 0 0 0 0
Mar 0 0 0 0 0 0
Apr 0 0 0 0 0 0
May 0 0 4,785,400 0 1,894,200 1,335,920
Jun 3,152,800 0 5,890,500 4,520,500 3,404,400 3,393,640
Jul 4,177,200 833,300 6,029,500 6,803,100 5,950,400 4758,700
Au 4,557,000 6,852,000 4,231,500 2,087,600 4,732,500 4,492,120
Se 4,327,100 3,233,900 0 1,041,100 2,681,700 2,256,760
Oct 50,100 0 0 1,505,100 388,800
Nov 0 0 0 0 0
Dec 0 0 0 0 0
Annual Total 16,264,200 10,919,200 20,936,900 14,452,300 20,168,300 16,625,940
Leonard Rice Engineers, Inc. ( Printed 4/5/284:) TOA - Water Utilization 2004.xis, Tab: Nottingham Pumping
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TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
APRIL 13, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
Call to Order / Roll Call
2. Citizen Input
a. Town of Avon Comprehensive Plan Meeting Update - Tambi Katieb, Community
Development
3. Ordinances
Second Reading & Public Hearing
a. Ordinance No. 04-05, Series of 2004, An Ordinance Of The Town Of Avon, Adopting
By Reference And Reenacting The Municipal Code For The Town Of Avon;
Providing For The Repeal Of Certain Ordinances Not Included Therein; Providing A
Penalty For The Violation Thereof; Providing For The Manner Of Amending Such
Code; And Providing When Such Code And This Ordinance Shall Become Effective
(John Dunn) - Ordinance which adopts the reprinted Avon Municipal Code Book
First Reading
b. Ordinance No. 04-06, Series of 2004, An Ordinance of the Town of Avon, Eagle
County, Colorado, Granting by Franchise to Public Service Company of Colorado, its
affiliates, successors and assigns, the right to use the Streets within the Town to
furnish, sell, transport and distribute gas to the Town and to all Residents of the
town, granting the right to acquire, construct, install, located, maintain, operate and
extend into, within and through the Town all facilities reasonably necessary to
furnish, sell, transport, and distribute gas within and through the Town; and fixing the
Terms and conditions thereof. (Scott Wright) -
4. Resolutions
a. Resolution No. 04-09, Series of 2004, A Resolution Authorizing the Town of Avon to
Pay the Purchase Option Price in order to Purchase Sherwood Meadows
Condominium Units. (Scott Wright) - Action which authorizes the Town to exercise
and pay the purchase option in order to acquire the Sherwood Meadows
condominium units.
b. Resolution No. 04-10, Series of 2004, A Resolution to Amend the 2004 Town of
Avon Budget (Scott Wright) - Action that amends the Town of Avon Finance
Authority and Sherwood Meadows Enterprise Fund budgets to reflect the pay-off of
the Certificates of Participations and the sale of ten condo units.
5. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Unfinished Business
10. Town Manager Report
Avon Council Meeting.04.04.13
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
APRIL 13, 2004 - 5:30 PM
Continued Page 2
11. Consent Agenda
a. Approval of the March 23, 2004 Regular Council Meeting Minutes
b. Approval of the February 24, 2004 Avon Liquor Licensing Authority Board Meeting
Minutes
c. Renewal of Hotel Restaurant Liquor License for Outback/Denver I Limited
Partnership d/b/a Outback Steakhouse #0623, 240 Chapel Place, Bldg B, Lamar
Gentry Manager.
d. Renewal of 3.2% Beer Retail License (Off Premises) Wal-Mart Stores, Inc. d/b/a
Wal-Mart Supercenter #1199, 171 Yoder Avenue, Jeff Crump Manager.
e. Western Enterprise, Inc. Contract (Meryl Jacobs) - Contract for the production of the
Town's fireworks display to be held July 4'h
f. American Crown Circus Contract (Meryl Jacobs)
g. Intergovernmental Agreement regarding 1-70 Central Mountain Corridor Coalition
(Larry Brooks) Agreement to establish a coalition in an effort to voice concerns for
the lack of adequate funding for the 1-70 corridor in central Colorado.
12. Adjournment
Avon Council Meeting. 04.04.13
Memo
To: Mayor & Town Council
Thru: Larry Brooks, Town Manager, John Dunn, Town Attorney
From: Patty McKenny, Town Clerk lk.
Date: March 15, 2004
Re: SECOND READING AND PUBLIC HEARING
Ordinance No. 04-05, Series of 2004
Summary:
The Town Council will consider on second reading Ordinance No. 04-05, Series of 2004, An Ordinance
Of The Town Of Avon, Adopting By Reference And Reenacting The Municipal Code For The Town Of
Avon; Providing For The Repeal Of Certain Ordinances Not Included Therein; Providing A Penalty For
The Violation Thereof; Providing For The Manner Of Amending Such Code; And Providing When Such
Code And This Ordinance Shall Become Effective. A public hearing is set for this meeting.
Background:
Last November staff presented a proposal to the Town Council to republish Avon's Municipal Code. The
services of Colorado Code Publishing Company were retained to complete the task and we now submit a
newly published Code Book for adoption with Ordinance No. 04-04.
Discussion:
C.R.S. 31-16-201-208 outline the requirements municipalities are required to meet when adopting "codes"
by ordinance, ("Ordinance Codes Adopted by Reference"). The attached Ordinance complies with this
Statute in that it addresses the reenactment of the newly republished code book, adopts by reference a
number of codes utilized by the town, i.e. Model Traffic Code, Uniform Building Code, etc. as well as
provides for the penalty provisions of each section and the effective date of the Ordinance. If approved on
first reading at the March 23rd meeting, a public hearing would be slated for April 13"'. Two publications of
notices of the public hearing are required, once 15 days preceding the hearing (not later than March 29"')
and once 8 days preceding the hearing (not later than April 5"'). The recommended changes to the book
were grammatical in nature and approved by the Town Attorney. Colorado Code Publishing Company will
also be responsible for long-term services such as supplementation and hosting the codebook on line.
At first reading, Town Attorney John Dunn recommended that three revisions should be made as follows:
? Revise penalty provisions to be consistent throughout the Code Book that would include $1000 fine
or up to one year in jail
? Revise section to include that juveniles can perform public service work.
The attached Ordinance includes the revisions.
Financial Implications:
The final cost for republishing services will be around $5,000.
Town Manager Comments:
Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: April 5, 2004
Re: Gas Franchise Ordinance No. 04-06
Summary:
The Town's current twenty-year gas franchise agreement with Public Service Company of
Colorado ("PSCo") expires May 31, 2004. Staff has been working with Wade Haerle from
Xcel Energy (the DBA name for PSCo) for the past few weeks in drafting a new franchise
agreement. There are no significant changes to the original agreement.
In summary, the franchise agreement conveys the right to PSCo to provide public utility
service (in this case natural gas) within Town of Avon boundaries and allow the use of Town
rights-of-way for the location of utility facilities and equipment, in exchange for the payment
of a franchise fee. These rights are non-exclusive and the Town reserves the right to make or
grant a similar franchise to any other company.
The Town reserves the right to control and regulate the use of its streets and to impose other
regulations to protect the health, safety and welfare of the public. PSCo shall not interfere
with municipal uses of the streets and must comply with all Town building and zoning codes
and requirements.
The franchise agreement is for a term of twenty years. A CML survey indicated that most gas
franchises are for twenty or twenty-five year terms. The franchise fee is equal to three percent
(3%) of revenues. This is the typical approach and percentage found in most existing
franchises. Xcel Energy paid $47,404 and $38,322 in franchise fees for 2003 and 2002,
respectively.
Town Manager Comments:
e
Page 1
Attachments:
A - Ordinance No. 04-06
B - Time Frame for Adoption of Gas Franchise
• Page 2
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-06,
SERIES 2004
AN ORDINANCE OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO,
GRANTING BY FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO,
ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT TO USE THE
STREETS WITHIN THE TOWN TO FURNISH, SELL, TRANSPORT AND
DISTRIBUTE GAS TO THE TOWN AND TO ALL RESIDENTS OF THE TOWN,
GRANTING THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE,
MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH THE TOWN
ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL, TRANSPORT
AND DISTRIBUTE GAS WITHIN AND THROUGH THE TOWN; AND FIXING THE
TERMS AND CONDITIONS THEREOF.
WHEREAS, Public Service Company of Colorado has filed it application with the Town of
Avon, Colorado, for the granting to it by the Town of Avon of a franchise in terms as hereinafter
set forth; and
BE IT ORDAINED BY THE TOWN COUNCIL OF AVON, EAGLE COUNTY, COLORADO:
ARTICLE 1
DEFINITIONS
§1.1 For the purpose of this franchise agreement, the following words and phrases shall have
the meaning given in this article. When not inconsistent with context, words used in the
present tense include the future tense, words in the plural number include the singular
number, and words in the singular number include the plural number. The word "shall"
is mandatory and "may" is permissive. Words not defined in this article shall be given
their common and ordinary meaning.
§1.2 "Council" or "Town Council" refers to and is the legislative body of the Town of Avon,
Eagle County, Colorado.
§ 1.3 "Company" refers to and is Public Service Company of Colorado, its successors, assigns,
affiliates and subsidiaries.
§ 1.4 "Facilities" refer to and are all apparatuses reasonably necessary for the Company to
provide gas service into, within and through the Town, including but not limited to
plants, works, systems, substations, equipment, pipes, mains, conduit, gas compressors,
Ordinance No. 04-06
Page 1 of 13
meters, meter reading devices, communication and data transfer equipment, control
equipment, gas regulator stations,.
§1-5 "Party" or "Parties" refers to and includes the Company and the Town, either singly or
collectively as the context requires.
§1.6 "Public Utilities Commission" or "PUC" refers to and is the Public Utilities Commission
of the State of Colorado or other state agency succeeding to the regulatory powers of the
Public Utilities Commission.
§1.7 "Residents" refers to and includes all persons, businesses, industry, governmental
agencies, and any other entity whatsoever, presently located or hereinafter to be located,
in whole or in part, within the territorial boundaries of the Town.
§1.8 "Revenues" refer to and are those amounts of money which the Company receives from
its customers within the Town from the sale of gas under rates authorized by the Public
Utilities Commission as well as from the transportation of gas to its customers within the
Town and represents amounts billed under such rates as adjusted for refunds, net write-
off of uncollectible accounts, corrections or regulatory adjustments. Regulatory
adjustments refer to, by way of explanation, but not limitation, credits, surcharges,
refunds and pro-forma adjustments pursuant to federal or state regulation.
§1.9 "Streets" refer to and are streets, alleys, viaducts, bridges, roads, lanes and other public
rights-of-way in the Town. "Streets" shall also include public easements and other public
places within the Town that are suitable locations for the placement of Facilities.
§1.10 "Town" refers to and is the municipal corporation designated as the Town of Avon, Eagle
County, Colorado.
ARTICLE 2
GRANT OF FRANCHISE
§2.1 Grant of Franchise. The Town hereby grants to the Company the right to use the Streets
within the Town to furnish, sell, transport and distribute gas to the Town and to all
Residents of the Town. The Town also hereby grants to the Company the right to
Ordinance No. 04-06
Page 2 of 13
acquire, construct, install, locate, maintain, operate and extend into, within and through
the Town all Facilities reasonably necessary to furnish, sell, transport and distribute gas
within and through the Town. These rights shall extend to all areas of the Town as it is
now constituted and to additional areas as the Town may increase in size by annexation
or otherwise.
If the boundaries of the Town are expanded during the term of this franchise, the
Company shall extend service to Residents in the expanded area at the earliest practicable
time and in accordance with the Company's extension policy. Service to the expanded
area shall be in accordance with requirements of the PUC and the terms of this franchise,
including payment of franchise fees.
The rights granted by this franchise are not, and shall not be deemed to be,
granted exclusively to the Company, and the Town reserves the right to make or grant a
similar franchise to any other person, firm, or corporation.
Except as otherwise specifically provided herein, the Town retains the right
through the exercise of its police power to use, control, and regulate the use of the
Streets, and the space above and beneath said Streets. The Town retains the right to
impose such other regulations as may be determined by the Town to be necessary in the
reasonable exercise of its police power to protect the health, safety, and welfare of the
public.
§2.2 Term of Franchise. This franchise shall take effect upon its adoption and shall supersede
any prior franchise grants to the Company by the Town. The term of this franchise shall
be twenty (20) years.
ARTICLE 3
FRANCHISE FEE
§3.1 Franchise Fee. As consideration for the franchise rights granted herein, and in
recognition of the fact that the grant to the Company of the right to use Town Streets is a
valuable right, the Company shall pay the Town a sum equal to three percent (3%) of all
Ordinance No. 04-06
Page 3 of 13
Revenues received from the sale and transportation of gas within the Town, excluding
revenues received from the Town for the sale of gas to the Town.
§3.2 Surcharge of Franchise Fees. The Company shall charge a franchise fee to all Town
residents that use facilities of the Company in Town Streets to obtain gas. No franchise
fee shall be charged to the Town for gas service provided to the Town for its own
consumption.
§3.3 Remittance Schedule. Franchise fees that are collected from Residents shall be remitted
by the Company to the Town in monthly installments not more than thirty (30) days
following the close of each month. All payments shall be made to the Finance Director.
In the event that either the Town or the Company discovers that there has been an error in
the calculation of the franchise fee payment to the Town, the error shall be corrected in
the next monthly payment, subject to the following provisions: In the event an error by
the Company results in an overpayment of the franchise fee to the Town in excess of
$5,000, credit for the overpayment shall be spread over the same period the error was
undiscovered; if the overpayment is $5,000 or less, credit shall be taken against the next
payment. In no event shall either Parry be required to refund any over- or underpayment
more than 3 years from the date of the over- or underpayment.
§3.4 Audit Rights; Protection of Confidential Information. The Finance Director, or his or her
agent, shall have access to the metering records of the Company during normal business
hours upon reasonable notice for the purpose of auditing to ascertain that the franchise
fee has been correctly computed and paid. Except as provided in Section 3.6, all
information obtained by the Finance Director during a franchise fee audit shall be kept
confidential and shall be utilized for the sole purpose of verifying that the franchise fee
has been correctly computed and paid.
§3.5 Enforcement of Town Sales and Use Tax Laws. The Town may use the metered
information obtained from franchise fee audits for the purpose of enforcing its sales and
use tax laws. Upon request by the Town, the Company shall supply the Town with a list
Ordinance No. 04-06
Page 4 of 13
of all suppliers of gas that utilize Company Facilities within the Town Streets to sell gas
to Town Residents.
§3.6 Franchise Fee Payment in Lieu of Certain Taxes and Other Fees. The Town accepts
payment of the franchise fee by the Company in lieu of any occupation tax, occupancy
tax, license tax, or similar tax or fee the Town might charge the Company or its
subcontractors for the privilege of doing business in the Town, for the use or occupation
of Town Streets, or for the installation, operation and maintenance of Company Facilities.
Payment of the franchise fee does not exempt the Company from any lawful taxation
upon its property or from any other tax not related to the franchise or the occupation or
use of Town Streets, including the payment of head taxes, sales taxes or other fees or
taxes assessed generally upon businesses.
ARTICLE 4
SUPPLY, CONSTRUCTION AND DESIGN
§4.1 Obligations Regarding Company Facilities. The Company shall install, maintain, repair,
renovate and replace its Facilities with due diligence in a good and workerlike manner.
Company Facilities shall not interfere with the Town's water mains, sewer mains or other
municipal uses of the Streets. The Company shall construct and maintain its Facilities in
such a way as to minimize interference with trees and other natural features. The
Company shall install underground all gas pipelines serving new residential subdivisions.
§4.2 Excavation and Construction. All excavation and construction work performed by the
Company shall be done in a manner that minimizes inconvenience to the public. All
property disturbed by Company excavation or construction activities shall be restored by
the Company at its expense to substantially its former condition.
§4.3 Relocation of Company Facilities. The Company shall relocate, at its expense, Facilities
in the Streets that interfere with a public project undertaken and paid for by the Town
with public funds. The Town shall provide at its expense sufficient right-of-way for the
Company to relocate its Facilities. The Company shall relocate its Facilities at the
Ordinance No. 04-06
Page 5 of 13
request of the Town or other person to avoid interference with other non-publicly-
financed projects, but the expense of the relocation and the new right-of-way shall be
paid in advance by the Town or by the person conducting the project and requesting the
relocation. Relocation shall be completed within a reasonable time after a request and
payment therefore is made (if applicable). In the event that the Town requests the
Company to relocate the same Facilities within five (5) years of completion of a prior
relocation, the subsequent relocation shall be at the Town's expense. Underground
Facilities shall be relocated underground. Above ground Facilities shall be relocated
above ground, unless the Town pays the additional cost of relocating above-ground
Facilities underground .
§4.4 Town Not Required to Advance Funds. Upon receipt of the Town's authorization for
billing and construction, the Company shall extend its Facilities to provide gas to the
Town for municipal uses within the Company's certificated service area, without
requiring the Town to advance funds prior to construction. Nothing in this section shall
release the Town from the obligation to pay for the extension of Facilities once complete,
in accord with the Company's gas tariffs on file with the Public Utilities Commission.
ARTICLE 5
COMPLIANCE
§5.1 Compliance with Applicable Laws. The Company and all of its contractors shall comply
with all applicable Town laws, ordinances and regulations. The Company shall require
its contractors working in the streets to hold the necessary licenses and permits required
by the Town.
§5.2 Compliance with Town Requirements. The Company will comply with all Town
building and zoning codes and requirements regarding curb and pavement cuts,
excavating, digging and related construction activities.
Ordinance No. 04-06
Page 6of13
§5.3 Inspection. The Town shall have the right to inspect any portion of the Company's
Facilities in the Town Streets. The Company agrees to cooperate with the Town in
conducting the inspection.
ARTICLE 6
PUBLIC UTILITIES COMMISSION REGULATION
§6.1 Compliance with Orders by the Public Utilities Commission. The provision of gas
service by the Company is regulated in whole or in part by regulatory agencies including
the Public Utilities Commission. The Company is obligated by law to comply with all
lawful PUC orders, rules, and regulations. The Town shall impose no obligation on the
Company that interferes with the Company's ability to comply with lawful regulatory
orders, rules, and regulations.
§6.2 Certificates to Exercise Franchise Rights. The Town agrees to assist the Company, if
necessary, in obtaining PUC approval of a certificate to exercise the franchise rights
conferred under this Franchise, including negotiating a change to any provision of this
franchise agreement which the PUC may require in order to obtain the certificate.
ARTICLE 7
TOWN USE OF COMPANY FACILITIES
§7.1 Trenches Available for Town Use. If the Company opens a trench to install its Facilities,
the Company shall provide advance notice to the Town to permit the Town to install
Town Facilities in the same trench at the Town's expense. The Town's installation of its
Facilities shall not interfere with the Company's Facilities or delay the commencement or
completion of the Company's construction project.
ARTICLE 8
INDEMNIFICATION OF THE TOWN
§8.1 Town Held Harmless and Indemnified. The Company shall indemnify, defend and hold
the Town harmless from and against all liability or damage and all claims or demands
Ordinance No. 04-06
Page 7 of 13
arising out of Company's operations within the Town pursuant to this franchise. The
Town shall provide prompt written notice to the Company of the pendency of any claim
or action against the Town arising out of the exercise by the Company of its franchise
rights. The Company shall be permitted, at its own expense, to appear and defend or to
assist in defense of such claim. The Company shall not be obligated to indemnify,
defend, or hold the Town harmless to the extent any claim, demand or lien arises out of
or in connection with any intentional or negligent act or failure to act of the Town or any
of its officials, agents or employees, or to the extent that any claim, demand, or lien arises
out of or in connection with the use of Town facilities.
§8.2 Payment of Ordinance Expenses. The Company shall reimburse the Town for actual out-
of-pocket expenses incurred in publishing notices and ordinances and conducting
elections related to this franchise.
ARTICLE 9
TRANSFER OF FRANCHISE
§9.1 Consent of Town Required. The Company shall not transfer or assign any rights under
this franchise to an unaffiliated third party, except by merger with such third party, or,
except when the transfer is made in response to legislation or regulatory orders, unless
the Town shall approve in writing such transfer or assignment. Approval of the transfer
or assignment shall not be unreasonably withheld.
§9.2 Transfer Fee. In order that the Town may share in the value this franchise adds to the
Company's operations, any transfer or assignment of rights under this franchise
requiring the approval of the Town under §9.1 shall be subject to the condition that the
transferee shall promptly pay to the Town a transfer fee, which shall be calculated by
multiplying one million dollars by a fraction of which the numerator equals the then
population of the Town of Avon which is served by the Company, and the denominator
equals the then population of the City and County of Denver. Such transfer fee shall not
be recovered from a surcharge placed only on the rates of Town Residents.
Ordinance No. 04-06
Page 8 of 13
ARTICLE 10
MUNICIPALIZATION
§10.1 Town's Right to Condemn. During the term of this franchise, the Town agrees not to
condemn the Facilities of the Company or to otherwise restrict the Company's
opportunity to conduct business in the Town, except as specifically provided in C.R.S.
§ 31-15-707.
§10.2 Operation of a Municipal Utility or Competing Distributors. If, during the term of this
franchise, the Town operates a municipal gas utility or issues to another entity a franchise
to use the Streets for the placement of gas Facilities, the Company shall no longer be
required to collect and pay franchise fees under Article 3 unless substantially the same
terms and conditions apply to the service provided by the Town or by the other entity. In
addition, the following sections of this franchise shall no longer apply to the Company
unless substantially the same provisions are applicable to all other gas distributors,
including the Town: Articles 3.3, 3.4, 3.5, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 7.1, 9.1 and 9.2.
ARTICLE 11
UNCONTROLLABLE FORCES
§ 11.1 Uncontrollable Forces. Neither the Town nor the Company shall be in breach of this
franchise ordinance if a failure to perform any of the duties under this franchise is due to
uncontrollable forces, which shall include but not be limited to accidents, breakdown of
equipment, shortage of materials, acts of God, floods, storms, fires, sabotage, terrorist
attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of
government and other causes or contingencies of whatever nature beyond the reasonable
control of the party affected, which could not reasonably have been anticipated and
avoided.
Ordinance No. 04-06
Page 9 of 13
ARTICLE 12
BREACH
§12.1 Breach. If the Company fails to perform any of the terms and conditions of this franchise
and such failure is within the Company's control, the Town may notify the Company of
the specific failure and shall allow the Company a reasonable time within which to
remedy the failure. If the Company does not remedy the failure and the failure is of a
substantial nature, the Town Council may terminate this franchise after a full evidentiary
hearing. Termination of the franchise shall be by no less than 75% vote of all members
of the Town Council.
§ 12.2 Judicial Review. Any such termination of the franchise shall be subject to judicial review
as provided by law.
ARTICLE 13
AMENDMENTS
§ 13.1 Amendments to Franchise. This franchise may be amended only by a writing signed by
both the Company and the Town, which is approved in the same manner as is required
for the passage of this ordinance.
ARTICLE 14
MISCELLANEOUS
§14.1 Successors and Assigns. The rights, privileges, franchises and obligations, in whole or in
part, granted and contained in this ordinance shall inure to the benefit of and be binding
upon Public Service Company, its successors, assigns, affiliates and subsidiaries.
§14.2 Third Parties. Nothing contained in this franchise shall be construed to provide rights to
third parties.
§14.3 Representatives. Both parties shall, from time to time, designate, in writing, represen-
tatives for the Company and the Town to whom notices shall be sent regarding any action
to be taken under this ordinance. Notice shall be delivered in person or by certified mail
to the persons and addresses hereinafter stated, unless the persons and addresses are
Ordinance No. 04-06
Page 10 of 13
changed at the written request of either party. Until any such change shall be made,
notices shall be sent as follows:
To the Town:
Town Clerk
Town of Avon, Colorado
P.O. Box 975
Avon, CO 81620
To the Company:
Cynthia Evans
Vice President
Public Service Company of Colorado
P. O. Box 840
Denver, CO 80201
§ 14.4 Surcharge to Town Residents. The Company shall be permitted to surcharge to residents
of the Town the franchise fee payments it makes to the Town. The Company shall be
permitted to surcharge to residents of the Town any other payments it makes to the Town
only to the extent and in the manner permitted by law or as otherwise ordered by the
PUC.
§14.5 Severability. Should any one or more provisions of this franchise be determined to be
illegal or unenforceable, all other provisions nevertheless shall remain effective;
provided, however, the Parties shall forthwith enter into good faith negotiations and
proceed with due diligence to draft a substitute term that will achieve the original intent
of the Parties hereunder.
§ 14.6 Entire Agreement. This franchise constitutes the entire agreement of the Parties with
respect to the matters contained herein and supersedes any and all prior written or oral
agreements, negotiations, correspondence, understandings and communications with
respect to this franchise.
§ 14.7 Headings for Reference Only. The headings in this franchise are for reference only and
convey no substantive rights or impose no substantive obligations on the Parties.
Ordinance No. 04-06
Page 11 of 13
§ 14.8 Responsibility for Language. The Town and the Company hereby acknowledge that each
bears co-extensive and identical responsibility for the language in this franchise. In case
of ambiguity, there shall be no presumptions based upon responsibility for drafting this
franchise.
§ 14.9 No Waiver of Rights. Neither the Town nor the Company waives any rights under the
statutes and constitution of the State of Colorado or of the United States except as
otherwise specifically set forth herein.
§ 14.10 Prevailing Party. In any judicial or administrative action to enforce any of the terms or
conditions of this franchise, the prevailing party shall be entitled to recover its costs and
expenses incurred in such action, including reasonable attorney fees.
§14.11 Approval of Franchise. The Company shall promptly file, in writing, its acceptance of
this franchise and of any amendment of this franchise following the Town's final
approval of the same. The failure to file such an acceptance within 45 days of said final
adoption shall be deemed an acceptance of such franchise or amendment thereof.
INTRODUCED, READ, PASSED ON FIRST READING AND ORDERED POSTED THIS
DAY OF , 200 A PUBLIC HEARING ON THIS
ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL
ON THE DAY OF , 20 AT 5:30 PM IN THE COUNCIL
CHAMBERS, AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 04-06
Page 12 of 13
INTRODUCED, PASSED, ADOPTED AND APPROVED ON SECOND READING AND
ORDERED POSTED THIS DAY OF , 200
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
Town Attorney
Publication Dates:
ACCEPTED:
PUBLIC SERVICE COMPANY OF
COLORADO
By:
Print Name & Title:
Ordinance No. 04-06
Page 13 of 13
TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS
§1.1 Preface
§ 1.2 Council or Town Council
§1.3 Company
§ 1.4 Facilities
§1.5 Parry
§1.6 Public Utilities Commission
§1.7 Residents
§1.8 Revenues
§1.9 Streets
§1.10 Town
ARTICLE 2 GRANT OF FRANCHISE
§2.1 Grant of Franchise
§2.2 Term of Franchise
ARTICLE 3 FRANCHISE FEE
§3.1 Franchise Fee
§3.2 Surcharge of Franchise Fees
§3.3 Remittance Schedule
§3.4 Audit Rights; Protection of Confidential Information
§3.5 Enforcement of Town Sales and Use Tax Laws
§3.6 Franchise Fee Payment in Lieu of Certain Taxes and Other Fees
ARTICLE 4 SUPPLY, CONSTRUCTION AND DESIGN
§4.1 Obligations Regarding Company Facilities
§4.2 Excavation and Construction
§4.3 Relocation of Company Facilities
§4.4 Town Not Required to Advance Funds
ARTICLE 5 COMPLIANCE
§5.1 Compliance with Applicable Laws
§5.2 Compliance with Town Requirements
§5.3 Inspection
ARTICLE 6 PUBLIC UTILITIES COMMISSION REGULATION
§6.1 Compliance with Orders by the Public Utilities Commission
§6.2 Certificates to Exercise Franchise Rights
ARTICLE 7 TOWN USE OF COMPANY FACILITIES
§7.1 Trenches Available for Town Use
ARTICLE 8 INDEMNIFICATION OF THE TOWN
§8.1 Town Held Harmless and Indemnified
§8.2 Payment of Ordinance Expenses
-i-
ARTICLE 9 TRANSFER OF FRANCHISE
§9.1 Consent of Town Required
§9.2 Transfer Fee
ARTICLE 11 MUNICIPALIZATION
§10.1 Town's Right to Condemn
§ 10.2 Operation of a Municipal Utility or Competing Distributors
ARTICLE 12 UNCONTROLLABLE FORCES
§ 11.1 Uncontrollable Forces
ARTICLE 13 BREACH
§ 12.1 Breach
§ 12.2 Judicial Review
ARTICLE 14 AMENDMENTS
§13.1 Amendments to Franchise
ARTICLE 15 MISCELLANEOUS
§ 14.1 Successors and Assigns
§ 14.2 Third Parties
§ 14.3 Representatives
§ 14.4 Surcharge to Town Residents
§ 14.5 Severability
§ 14.6 Entire Agreement
§ 14.7 Headings for Reference Only
§ 14.8 Responsibility for Language
§ 14.9 No Waiver of Rights
§ 14.10 Prevailing Party
§ 14.11 Approval of Franchise
-ii-
TOWN OF AVON
GAS FRANCHISE
(Newspaper - The Vail Trail - Published -Friday's)
(Board Meetings - 2nd & 4th Tuesday, at 5:30 p.m.)
NOTE: RETAINALL ORIGINAL DOCUMENTS DURING THE FRANCHISE PROCESS FOR
FUTURE MAILING TO THE RATE ADMINISTRATION DEPARTMENT
Explanation of Event
March 22, 2004 Submit Notice of Application for Franchise by Public Service Company to
(Monday) the Vail Trail for publication.
March 26, 2004 Notice of Application for Franchise by Public Service Company is
April 02, 2004 published in the Vail Trail. Obtain two sets of Affidavits of
April 09, 2004 Publication (for PSCo and one for the Town Clerk) (C.R.S. 31-32-102)
First Council Meeting File one copy of the Affidavit of Publication for the Notice of Application
April 13, 2004 for Franchise by Public Service Company of Colorado with the Clerk.
(Tuesday) Read in fill the proposed Ordinance. (C.R.S. 31-32-103)
The Council shall order the Notice of Further Consideration of Ordinance
Granting a Gas Franchise to Public Service Company of
Colorado and the entire proposed Ordinance published. (C.R.S.31-32-103)
April 23, 2004 Submit Notice of Further Consideration of Ordinance Granting a Gas
(Friday) Franchise to Public Service Company of Colorado and the entire
proposed Ordinance to the Vail Trail for publication.
April 30, 2004 Notice of Further Consideration of Ordinance Granting a Gas
May 7, 2004 Franchise to Public Service Company of Colorado and the entire proposed
Ordinance is published. Obtain two sets of Affidavits (one for PSCo and
one for the Town Clerk). (C.R.S. 31-32-103)
Second Council Meeting File one set of the Affidavit of Publication of the Notice of Further
May 11, 2004 Consideration of Ordinance Granting a Gas Franchise to
(Tuesday) Public Service Company of Colorado and the proposed Ordinance with the
Clerk. (C.R.S. 31-32-103)
Read in full and adopt the Ordinance. Adoption shall require the
concurrence of a majority of all the members of the governing body of the
Municipality. (C.R.S. 31-32-103 and 31-32-104)
May 13, 2004 Get two original copies of the Ordinance with appropriate signatures and the
seal of the Town affixed.
IMPORTANT!!! Call the Rate Department immediately with the Ordinance Number and
final decision on franchise approval for processing of the Acceptance by the
Company. The Town will keep the other copy for their files.
AS SOON AS POSSIBLE Ordinance shall be recorded in a book kept for that purpose and shall be
AFTER ADOPTION authenticated by the signature of the Presiding Officer of the governing
body and the Clerk. (C.R.S. 31-16-105)
Present to the Clerk for signature the Certificate of Clerk as to Introduction,
Reading, Publication, Passage and Signature by Mayor of Ordinance
No. . (C.R.S.31-32-103)
May 17, 2004 Submit the signed Ordinance and the Certificate of Clerk as to
(Monday) Introduction, Reading, Publication, Passage and Signature by Mayor of
Ordinance No. to the Vail Trail for publication.
May 18, 2004 File with the Clerk the Acceptance by Public Service Company of
(Tuesday) Colorado of a Gas Franchise granted by the Town of Avon.
May 21, 2004 Ordinance and Certificate of Clerk as to Introduction Reading,
(Friday) Publication, Passage and Signature by Mayor of Ordinance No.
is published. Obtain two Affidavits of Publication.
(C.R.S. 31-16-105 and 31-16-106)
AS SOON AS POSSIBLE File with the Clerk one copy of the Affidavit of Publication of the Franchise
AFTER FINAL after adoption of the Ordinance.
PUBLICATION
Present to Clerk for signature the Certificate of Clerk as to Transcript of All
Proceedings.
Send originals of all documents (including Affidavits) to the Rate
Department to begin processing the Application for a Certificate of Public
Convenience and Necessity.
June 21, 2004 FRANCHISE ORDINANCE EFFECTIVE
(Monday) The ordinance shall not become effective before thirty days after final
publication after passage. (C.R.S. 31-16-105)
July 23, 2004 (Approx.) File Application for CPCN with PUC.
(Friday)
August 23, 2004 (Approx.) CPCN EFFECTIVE UPON PUC APPROVAL
(Monday)
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director ?j-?--'
Date: April 8, 2004
Re: Sherwood Meadows Purchase Option Resolution No. 04-09, Budget Amendment Resolution
No. 04-10
Summary:
As staff has previously discussed with Council, attached is Resolution No. 04-09 from bond
council authorizing the Town of Avon to exercise and pay the purchase option in order to
acquire the Sherwood Meadows condominium units.
Also attached is Resolution No. 04-10, amending the Town of Avon Finance Authority and
Sherwood Meadows Enterprise Fund budgets to reflect the pay-off of the COPs and the sale
of ten condominium units. The net effect of these budget amendments is a reduction in the
Town's subsidy to Sherwood Meadows from $165,000 to $130,000, remembering that the
Town is retaining one unit.
As of today, 9 of the 10 units for sale are under contract for closing on April 30tH
Recommendation
Staff recommends that Council adopt the resolutions discussed above as presented.
Town Manager Comments:
Attachments:
A - Resolution 04-09
B - Resolution 04-10
C - Summary of Proposed Amendments by Fund
Page 1
RESOLUTION NO. 04-09
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO
PAY THE PURCHASE OPTION PRICE IN ORDER TO
PURCHASE SHERWOOD MEADOWS CONDOMINIUM
UNITS.
WHEREAS, the Town of Avon (the "Town") has been duly organized and is
validly existing as a home rule town under the Constitution of the State of Colorado and the
home rule charter of the Town (the "Charter"); and
WHEREAS, in order to acquire, construct, renovate and equip 11 condominium
units in the Sherwood Meadows Condominiums (the "2000 Project") for the purpose of
providing affordable housing, the Town entered into a Lease Purchase and Sublease Agreement,
dated as of July 1, 1998 (the "1998 Lease"), and a First Amendment to Lease Purchase and
Sublease Agreement, dated as of August 1, 2000 (the "2000 Lease Amendment" and,
collectively with the 1998 Lease, the "Lease") with the Town of Avon Finance Authority (the
"Lessor"), whereby the Lessor leased the 2000 Project to the Town (the "2000 Lease"); and
WHEREAS, the Lessor issued Certificates of Participation, Series 2000 (the
"2000 Certificates") evidencing assignments in proportionate interests in the right to receive
payments pursuant to the Lease; and
WHEREAS, the 2000 Certificates were issued pursuant to a Mortgage and
Indenture of Trust, dated as of July 1, 1998 (the "1998 Indenture"), and a First Supplement to
Mortgage and Indenture of Trust, dated as of August 1, 2000 (the "2000 Indenture Supplement"
and, collectively with the 1998 Indenture, the "Indenture"), between the Lessor and American
National Bank, formerly The Bank of Cherry Creek, N.A. (the "Trustee"); and
WHEREAS, pursuant to Section 2.03(a) of the 2000 Indenture Supplement, the
2000 Certificates may be called in whole on any interest payment date in the event of, and to the
extent moneys are actually received by the Trustee from, the exercise by the Town of its option
to purchase the 2000 Project as provided in the Lease, upon payment of 100% of the principal
amount thereof, plus accrued interest to the redemption date (the "Purchase Option Price") from
Town moneys currently on hand; and
WHEREAS, pursuant to Section 6.01 of the 1998 Indenture and Section 1.05 of
the 2000 Indenture Supplement, upon payment of the Purchase Option Price, the right, title and
interest of the Trustee in and to the 2000 Project and all covenants, agreements and other
obligations of the Lessor and the Town to the Trustee and the registered owners of the 2000
Certificates shall thereupon cease, terminate and become void and be discharged and satisfied;
and
WHEREAS, upon the request of the Town, the Trustee and the Lessor shall
transfer and convey to the Town all property in connection with the 2000 Project assigned,
pledged and mortgaged to the Trustee by the Lessor then held by the Lessor or by the Trustee
pursuant to the Indenture; and
WHEREAS, pursuant to Section 4.5 of the 2000 Lease Amendment and Section
12.1 of the 1998 Lease, the Town has been granted the option to terminate the 2000 Lease and to
purchase the 2000 Project upon payment by the Town of the Purchase Option Price and
discharge of the 2000 Indenture Supplement; and
WHEREAS, in order to exercise such option, the Town shall give written notice
to the Trustee of its intention to purchase the 2000 Project, specifying a closing date for such
purchase which shall be no less than 15 days after the giving of such written notice; and
WHEREAS, the Town Council of the Town (the "Town Council") has
determined and hereby determines it is in the best interest of the Town and its inhabitants that the
Town exercise its option to purchase the 2000 Project and terminate the 2000 Lease; and
WHEREAS, the Town currently has on hand funds sufficient to pay the Purchase
Option Price.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
Section 1. The payment of the Purchase Option Price to the Trustee is
authorized and approved. The Council declares that the 2000 Project is being acquired for sale
to individual purchasers and not for use for public purposes except for one unit which will be
retained for Town purposes.
Section 2. The Town Finance Director is hereby authorized and directed to
deliver to the Trustee written notice of the Town's intention to purchase the 2000 Project and to
request the Trustee and Lessor to transfer and convey to the Town all property in connection
with the 2000 Project assigned, pledged and mortgaged to the Trustee by the Lessor currently
held by the Lessor or by the Trustee.
Section 3. All bylaws, orders and resolutions, or parts thereof, inconsistent
herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be
construed as reviving any bylaw, order or resolution or part thereof.
Section 4. This Resolution shall be in full force and effect immediately upon
its passage and approval.
2
PASSED, ADOPTED AND APPROVED this '2004.
Mayor
Attest:
Town Clerk
RESOLUTION NO. 04-10
SERIES OF 2004
A RESOLUTION TO AMEND THE 2004 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2004 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 adopted the 2004
budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2004; and
WHEREAS, the Town Council finds it necessary to amend the 2004 budget to
more accurately reflect the revenues and expenditures for 2004; 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
amended as follows for 2004:
Original or
Previously
Amended
2004
Budget
Town of Avon Finance Authority
Beginning Fund Balance $ 783,640
Revenues and Other Sources 756,186
Expenditures and Other Uses 756,186
Current
Proposed
Amended
2004
Budget
$ 783,640
2,539,329
2,746,057
Ending Fund Balance $ 783,640 $ 576,912
Original or
Previously
Amended
2004
Budget
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
Current
Proposed
Amended
2004
Budget
$ 5,802
2,008,555
2,012,573
$ 1,784
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
Town Manager and made part of the public record of the Town.
ADOPTED this 13th day of April, 2004.
ATTEST:
Patty McKenny, Town Clerk
TOWN OF AVON, COLORADO
Buz Reynolds, Mayor
2
Finance Authority Debt Service Fund #34
Amendment #1
Fund Summary I
Original or Current
Prev. Amend. Proposed Difference
Account Actual Actual Budget Budget Increase
Number Description 2002 2003 2004 2004 (Decrease)
REVENUES
Investment Earnings:
57101 Investment Earnings $ 13,271 $ 7,871 $ 10,000 $ 5,600 $ (4,400)
Other Revenues:
58201 Lease of Property - Sherwood Meadows Fun 192,429 193,371 194,193 1,981,736 1,787,543
58201 Lease of Property - Fleet Maintenance Fund 408,106 420,178 413,994 413,994 -
Total Other Revenues 600,535 613,549 608,187 2,395,730 1,787,543
Other Sources:
59201 Transfers-In from General Fund 136,036 140,059 137,999 137,999 -
Total Other Sources 136,036 140,059 137,999 137,999 -
TOTAL REVENUES 749,842 761,479 756,186 2,539,329 1,783,143
EXPENDITURES
Debt Service:
921 Series 2000, Certificates of Participation:
65101 Principal 75,000 75,000 80,000 2,125,000 2,045,000
65102 Interest 120,508 117,020 113,458 56,729 (56,729)
65103 Fiscal Agent Fees 900 2,400 3,400 5,000 1,600
920 Series 1998, Certificates of Participation:
65101 Principal
65102 Interest
65103 Fiscal Agent Fees
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
FUND BALANCES, Beginning of Year
FUND BALANCES, End of Year
250,000 270,000 275,000 275,000 -
303,562 292,938 281,328 281,328 -
900 3,250 3,000 3,000 -
750,870 760,608 756,186 2,746,057 1,989,871
(1,028) 871 - (206,728) (206,728)
784,668 783,640 783,640 783,640 -
$ 783,640 $ 784,511 $ '783,640 $ 576,912 $ (206,728)
Page 1
Sherwood Meadows Enterprise Fund #53
Amendment #1
Fund Summary -I
REVENUES
Charges for Services
Total Operating Revenues
Other Sources
Sales of Fixed Assets
Operating Transfers In
Total Other Sources
TOTAL REVENUES
EXPENDITURES
General Government:
Employee Housing
Total Operating Expenditures
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
FUND BALANCES, Beginning of Year
FUND BALANCES, End of Year
Original or Current
Prev. Amend. Proposed Difference
Actual Actual Budget Budget Increase
2002 2003 2004 2004 (Decrease)
$ 121,306 $ 92,357 $ 108,864 $ 15,555 $ (93,309)
121,306 92,357 108,864 15,555 (93,309)
- - - 1,863,000 1,863,000
182,500 150,000 165,000 130,000 (35,000)
182,500 150,000 165,000 1,993,000 1,828,000
303,806 242,357 273,864 2,008,555 1,734,691
269,120 265,715 272,675 2,012,573 1,739,898
269,120 265,715 272,675 2,012,573 1,739,898
269,120 265,715 272,675 2,012,573 1,739,898
34,686 (23,358) 1,189 (4,018) (5,207)
(5,526) 29,160 5,486 5,802 316
$ 29,160 $ 5,802 $ 6,675 $ 1,784 $ (4,891)
Page 1
Sherwood Meadows Enterprise Fund #53
Amendment #1
Fund Summa
Original or Current
Prev. Amend. Proposed Difference
Actual Actual Budget Budget Increase
Description 2002 2003 2004 2004 (Decrease)
Charges for Services:
Employee Housing:
Rental Revenues - Employees
Employee Housing Maintenance
Rental Revenues - Nonemployee
Late Fees and Other Charges
Total Charges for Services
Other Sources:
Sales of Fixed Assets
Operating Transfer In
Total Other Sources
TOTAL REVENUES
$ 78,752 $ 81,272 $ 108,864 $ 15,555 $ (93,309)
9,422 588 - - -
33,032 10,497 - - -
100 - - -
121,306 92,357 108,864 15,555 (93,309)
- - - 1,863,000 1,863,000
182,500 150,000 165,000 - (165,000)
182,500 150,000 165,000 1,863,000 1,698,000
$ 303,806 $ 242,357 $ 273,864 $ 1,878,555 $ 1,604,691
Page 2
Town of Avon
Line Item Detail
Amendment #1
Function: General Government/Housing #100
Department: N/A
Program: Sherwood Meadows #191
Original or Current
Prev. Amend. Proposed Difference
Account Actual Actual Budget Budget Increase
Number Account Description 2002 2003 2004 2004 (Decrease)
Personnel Services:
61101 Regular Full-time Salaries $ 2,482 $ - $ - $ - $ -
61121 PTS Wages - 278 - - -
61304 Employee Assistance Program 1 - - - -
61401 FICA/Medicare 36 4 - -
61402 Group Health and Life Insurance 331 - - -
61505 Long-term Disability Insurance 12 2 - -
61507 Dental Insurance 31 3 - - -
61509 Worker's Compensation 104 8 -
61510 Unemployment Insurance 8 - -
61000 Total Personnel 3,005 295 -
Commodities:
62899 Other Miscellaneous Operating Supplies - - - -
62000 Total Commodities - - - -
Purchased and Contracted Services:
63501 R&M - Buildings and Facilities 20,330 14,920 14,040 10,000 (4,040)
63999 Other Purchased and Contracted Services 2,822 1,787 5,500 304 (5,196)
63000 Total Purchased and Contracted Services 23,152 16,707 19,540 10,304 (9,236)
Other Operating Costs:
64102 Dues, Licenses and Memberships 31,716 33,696 35,628 11,232 (24,396)
64203 Electric 13,243 14,705 16,000 7,000 (9,000)
64207 Cable Television 3,631 5,930 6,513 2,000 (4,513)
64901 Advertising and Legal Notices 550 742 500 - (500)
64905 Insurance Premiums 1,394 269 301 301 -
64000 Total Other Operating Costs 50,534 55,342 58,942 20,533 (38,409)
Debt Service:
65201 Capital Lease Payments 192,429 193,371 194,193 1,981,736 1,787,543
65000 Total Debt Service 192,429 193,371 194,193 1,981,736 1,787,543
Capital Outlay:
66404 Furniture and Fixtures - - - - -
66000 Total Capital Outlay - - - - -
60000 Total Expenditures $ 269,120 $ 265,715 $ 272,675 $ 2,012,573 $ 1,739,898
Page 3
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 23, 2004
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Pro Tern Mac McDevitt called the meeting to order at 5:40 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe present.
Mayor Buz Reynolds 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, Finance Director Scott Wright, Community Development Director
Ruth Borne, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation
Director Meryl Jacobs as well as members of the press and public.
Citizen Input
Fraidy Aber, Special Events Coordinator for Recreation Department, presented information on
the 2004 Easter Egg Hunt scheduled for Saturday April 10th. Some discussion ensued about
marketing ideas for the event.
Ordinances
Town Attorney John Dunn presented Ordinance No. 04-05, Series Of 2004, on first reading, An
Ordinance Of The Town Of Avon, Adopting By Reference And Reenacting The Municipal Code
For The Town Of Avon; Providing For The Repeal Of Certain Ordinances Not Included Therein;
Providing A Penalty For The Violation Thereof; Providing For The Manner Of Amending Such
Code; And Providing When Such Code And This Ordinance Shall Become Effective. He noted
that Council authorized the selection of a new codifier to reprint the Avon Municipal Code and
that according to Colorado Statutes; it was necessary to readopt all codes in the existing book
(including codes by reference) as well the penalty provisions of each section. Dunn noted that
there is inconsistencies throughout the Code Book with regard to the penalty sections,
something that has occurred over the years do to various reasons. He recommended that the
sections be reviewed and revised for second reading to include penalties of up to $1000 fine (as
set by State Statutes) or up to one year in jail. Two exceptions would be noted, the charge of
possession of marijuana (which is already mandated by State Statutes) and the provision
regarding no juveniles in prison (a section that was included so that juveniles are processed
through the Municipal Court system). There was some discussion about the "public work"
clause found in Section 1.08.020 and it was suggested that it be revised to provide for juveniles
to be able to perform public service work.
Councilor Brown moved to adopt Ordinance No. 04-05, Series Of 2004, on first reading, An
Ordinance Of The Town Of Avon, Adopting By Reference And Reenacting The Municipal Code
For The Town Of Avon; Providing For The Repeal Of Certain Ordinances Not Included Therein;
Providing A Penalty For The Violation Thereof; Providing For The Manner Of Amending Such
Code; And Providing When Such Code And This Ordinance Shall Become Effective, with the
instruction to staff to cause the penalties to be uniform throughout the Code and if possible to
revise the section addressing "public work". Councilor D. Buckley moved to second the motion
and it passed unanimously.
Other Business
Councilor P. Buckley asked that Town Clerk include in the minutes that the July 4th sponsorship
commitments are on track, but that the Town would still need another $20K in order to hold the
event. Any donations are welcomed.
Town Attorney Report
Town Attorney John Dunn reported that the "Notice of Setting of Hearing on Plaintiff's Motion for
Preliminary Injunction" had been received and that it indicated that the matter was set to the
Eagle County District Court on April 8, 2004 at 9 AM.
Consent Agenda
Mayor Pro Tern McDevitt asked for a motion on the Consent Agenda. Councilor Brown moved
to approve the consent agenda; Councilor D. Buckley seconded the motion and it passed
unanimously.
a. Approval of the March 9, 2004 Regular Council Meeting Minutes
There being no further business to come before the Council, the meeting adjourned at 6 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
March 9, 2004
Page 2 of 2
Memo
To: Honorable Mayor & Town Council
Thru: Larry Brooks, Town Manager
From: Meryl Jacobs, Fraidy Aber
Date: April 6, 2004
Re: Fireworks Production Contract
Summary: Attached is the contract with Western Enterprises, Inc. for the production of
the Town of Avon's fireworks display to be held in Nottingham Park on Saturday, July 3,
2004. The total contract is for $48,700 with a 5% discount ($2435) if paid in full by May
1, 2004.
Background: The Town of Avon's Salute to the USA is Colorado's premiere 0' of July
pyrotechnic production. This year our display will be surrounded by a show in Mintum
on Friday evening and Vail on Sunday. Combined marketing efforts are in the works to
pull visitors from the front-range to the mountains for a long and spectacular 4"' of July
weekend. Avon's Salute will feature 12,000 shell effects with musical accompaniment
lasting twenty five minutes in duration.
Recommended Action: Authorize the Mayor to sign the attached contract between the
Town of Avon and Western Enterprises, Inc. in the amount of $46,265 for the purchase
and production of the 4t" of July fireworks display.
Town Manager Comments:
FIREWORKS PRODUCTION CONTRACT
1 of 3
1. This Contract is entered into this day of , 20 by and between WESTERN
ENTERPRISES, INC., designated herein as the "SELLER", and TOWN OF AVON, designated herein as the
"PURCHASER" for a fireworks production to be held on JULY 3, 2004.
2. SELLER will secure, prepare and deliver said fireworks as outlined, or will make necessary substitutions of equal or
greater value. SELLER will include the services of a Pyrotechnic Operator to take charge of, set up and fire the display,
along with such help as he deems necessary to perform the fireworks display safely, and in accordance with such Federal,
State or Local laws that might be applicable.
3. SELLER agrees that the Operator and Assistant(s) are to check the display area after the presentation of the fireworks
display for any "duds" or other material which might not have ignited. Any such material found by any person other than the
Operator shall be turned over to the Operator, or the proper authority having jurisdiction, for safe keeping or disposal of said
material.
4. PURCHASER will furnish a secured area with minimum safety distances established by the SELLER after an on-site
inspection of the proposed firing location. PURCHASER will provide adequate police protection and/or other adequate
security to maintain these distances. PURCHASER also agrees to have a fire truck available on location during the display.
5. No Purchaser Liability. In carrying out any of the provisions of this Contract or in exercising any power or authority
thereby, there shall be no personal liability of the PURCHASER, its officers, staff, consultants, officials, attorneys,
representatives, agents, or employees.
6. Indemnification. The SELLER agrees to indemnify and hold harmless the PURCHASER and its officers, attorneys,
agents, employees, representatives, insurers, and self-insurance pool from and against all liability, claims, and demands on
account of injury, personal injury, sickness, disease, death, property loss, or damage, or any other loss of any kind whatsoever
which arises out of or is in any manner connected with this Contract or the work, if such injury, loss, or damage is caused in
whole in or part by , the act, omission, error, professional error, mistake, negligence, or other fault of the SELLER, any
subcontractor of the SELLER, or which arises out of any workers' compensation claim of any employee of the SELLER or
of any employee of any subcontractor of the SELLER. The SELLER agrees to investigate, handle, respond to, and to
provide defense for and defend against any such liability, claims, or demands at the expense of the SELLER. The SELLER
also agrees to bear all other costs and expenses related thereto, including court costs and attorneys' fees, whether or not any
such liability, claims, or demands alleged are groundless, false, or fraudulent.
7. Insurance.
a. General. The SELLER shall not commence work under this Contract until it has obtained all insurance required
herein and such insurance has been approved by the PURCHASER. The SELLER shall not allow any subcontractor to
commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For
the duration of this Contract, the SELLER must maintain the insurance coverage required in this section.
b. Insurance.
(1) The SELLER agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by the SELLER pursuant to this
Contract. Such insurance shall be in addition to any other insurance requirements imposed by this Contract or by law. The
SELLER shall not be relieved of any liability, claims, demands, or other obligations assumed by this Contract by reason of
its failure to procure or maintain insurance, or by reason of it failure to procure or maintain insurance in sufficient amounts,
duration, or types.
FIREWORKS DISPLAY CONTRACT
2 of 3
(2) SELLER shall procure and maintain, and shall cause each subcontractor of the SELLER to procure
and maintain, the minimum insurance coverage listed below. Such coverage shall be procured and maintained with forms
and insurers acceptable to the PURCHASER. All coverage shall be continuously maintained to cover all liability, claims,
demands, and other obligations assumed by the SELLER herein. In the case of any claims-made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.
(a) Workers' compensation insurance to cover obligation imposed by applicable laws for any
employee engaged in the performance of work under this Contract, and employers liability insurance with
minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. Evidence of qualified
self-insured status may be substituted for the workers' compensation requirements of this paragraph.
(b) General liability insurance with minimum, combined single limits of FIVE MILLION
DOLLARS ($5,000,000) each occurrence and FIVE MILLION DOLLARS ($5,000,000) aggregate. The
policy shall be applicable to all premises and operations. The policy shall include coverage for bodily
injury, broad form property damage, personal injury (including coverage for contractual and employee
acts), blanket contractual, independent contractors, products, and completed operations. The policy shall
also include coverage for explosion and shall contain a severability of interests provision.
(c) Comprehensive automobile liability insurance with minimum combined single limits for
bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each
occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of SELLER'S
owned, hired, or non-owned vehicles assigned to or used in performance of the services. The policy shall
contain a severability of interests provision.
(3) The policy required by paragraph (2) (b) above and by paragraph (2) (c) above shall be endorsed to
include the PURCHASER and its officers, agents, officials, and employees as additional insured. Every policy required
above shall be primary insurance, and any insurance carried by the PURCHASER, its officers, or its employees, or carried
by or provided through any insurance pool of the PURCHASER shall be excess and not contributory insurance to that
provided by SELLER. No additional insured endorsement to the policy required by paragraph (2) (a) above shall contain
any exclusion for bodily injury or property damage arising from completed operations. The SELLER shall be solely
responsible for any deductible losses under any policy required by the PURCHASER.
(4) The Certificate of Insurance provided to the PURCHASER shall be completed by the Contractor's
insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force
and effect, and shall be reviewed and approved by the PURCHASER prior to commencement of the Contract. No other
form of certificate shall be used. The Certificate of Insurance shall identify this Contract and shall provide that the coverage
afforded under the policies shall not be canceled, terminated, or materially changed until at least 30 days' prior written notice
has been given to the PURCHASER. The completed Certificate of Insurance shall be submitted to the PURCHASER'S
Recreation Director.
(5) Failure on the party of the SELLER to procure or maintain policies providing the required coverage,
conditions, and minimum limits shall constitute a material breach of contract upon which the PURCHASER may
immediately terminate this Contract, or at its discretion, the PURCHASER may procure or renew any such policy or any
extended reporting period thereto and may pay any and all premiums in connection therewith as a cost of this project. All
monies so paid by the PURCHASER shall be repaid by SELLER to the PURCHASER upon demand, or the
PURCHASER may offset the cost of the premiums against any monies due to SELLER from the PURCHASER.
(6) The PURCHASER reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
FIREWORKS PRODUCTION CONTRACT
3 of 3
(7) The parties hereto understand and agree that the PURCHASER is relying on, and does not waive or
intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, 24-10-101 at seq., 10 C.R.S., as from time to time amended, or
otherwise available to the Purchaser, its officers, or employees.
6. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of FORTY EIGHT THOUSAND
SEVEN HUNDRED DOLLARS & NO/100 ($48,700.00) to be paid within fifteen (15) days after the date of the display.
HOWEVER, if payment is made in full by May 1, 2004, a five percent (5%) discount will apply. That discount can either
be deducted from the total contract price, or the PURCHASER may elect to receive that amount of extra pyrotechnic product
in lieu of the discount. Unpaid accounts are subject to one percent (1%) interest charge per month after fifteen days.
9. In the event of inclement weather or other adverse conditions, so as to cause postponement of the display, it is agreed and
understood that PURCHASER will notify SELLER regarding the postponement date, normally the following night, or at
some future date within the calendar year. If the PURCHASER will not re-schedule the display within the calendar year, or
completely cancels the display, the PURCHASER agrees to pay to the SELLER Fifty percent (50%) of the cost of the
display ($24,350.00). If prepayment option has been exercised, SELLER will refund to PURCHASER the total amount
paid, less the 50% mentioned above.
10. Witness whereof, we have caused our signatures to be affixed to this Document, on this day of
, 20
WESTERN ENTERPRISES, INC.
SELLER
TOWN OF AVON
PURCHASER
BY:
authorized agent
BY:
authorized agent
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Fraidy Aber, Meryl Jacobs
Date: 4-7-04
Re: American Crown Circus Contract
Summary: American Crown Circus is returning to Avon this summer to Nottingham Park.
They had a great turnout last year and we anticipate great audiences this year as well. This
circus will fill out a special events permit (as they have in the past) The contract is the same as
last years.
Financial Implications:
The Town of Avon received a percentage of all ticket sales from the circus. Last year we
received $890 from ticket sales. The circus is on a Thursday night and does not interfere with
regularly planned activities in the Park
Town Manger Comments:
Attachments:
American Crown Circus Contract
VON
C O L O R A D O
Town cfAwn
P.O. Bmc975
900 Baxtrrak Road
Awn, Cobradb81620
970-798-4005
Office of the Town Manager
To: Honorable Mayor and Town Council
From: Larry Brooks, Town Manager
i
Date: April 7, 2004
Regarding: 1-70 Central Mountain Corridor Coalition
Attached you will find an intergovernmental agreement to establish a coalition. The goal of
the grass roots effort is to develop a united and broad based voice of concern for the lack of
adequate funding for the Interstate 70 corridor in central Colorado. This effort has been
initiated by those among us who are becoming increasingly concerned about this issue, and
the consequences to our regional and state economy if it does not receive the priority-base
attention it must have.
Recent history in the state has seen multi jurisdictional efforts to address the future of the I-
70 corridor fail. Those have included CARTS and CIFGA coalitions, who have since
dissolved. A number of our neighbors along the corridor, including Summit County,
Breckenridge, Silverthorne, Dillon, Clear Creek County and Eagle County to name only a
few governmental entities that I can remember; have already signed the agreement. It is my
recommendation that the council take a similar action. We understand that some districts
and private entities may also be interested.
I would also suggest that if you approve this agreement, that you appoint an elected official
to represent the Town's position. This is also a group in which I should be involved as a
regular attendee or as an alternate.
INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70
CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
on January 20, 2004 by and between several counties and towns in the 1-70 mountain corridor.
WHEREAS, the purpose of this Intergovernmental Agreement is to form an informal, non-statutory
coalition of governments along the Interstate 70 central mountain corridor in Colorado to plan and create
locally preferred alternatives to meet the current needs and to plan for the future for the improvement of
transportation; and
WHEREAS, the goal of this agreement is to have the existing Interstate 70 be as well maintained and
improved as possible, be as safe as possible, and to have a plan in place that will address the
transportation needs in the corridor for the next fifty years; and
WHEREAS, significant local input is essential to formulate locally preferred alternatives for inclusion in a
transportation plan that minimizes and balances detrimental environmental impacts, preservation of the
unique local character of the counties and towns in the corridor; and provides for the effective flow of
ever increasing traffic volumes, and
WHEREAS, the counties and towns feel that the thoughts, opinions and desires of our local communities
need to be continually brought forward as part of this process; and
WHEREAS, for the purpose of this agreement the Central Mountain Interstate 70 Corridor is defined as,
but not limited to, the counties and towns that are listed as participants and or potential participants to
this agreement; and
WHEREAS, the parties to this agreement wish to acknowledge their participation in this coalition to
promote the health, safety and welfare; and
WHEREAS, the parties have agreed upon the terms and conditions under which parties will participate in
the coalition as more fully set forth herein.
NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein,
the parties agree as follows:
A. COALITION PURPOSES: The general purposes of the Coalition are:
1. To prepare locally preferred alternative transportation plans for the corridor that could be
presented to the Colorado Department of Transportation.
2. To determine the locally preferred alternatives to meet the wants and needs of our local
communities to better serve them in their transportation needs.
3. To attempt to influence the Colorado Department of Transportation, the Colorado State
Legislature, the Federal Highway Administration, the United States Congress and other Federal
and State entities having jurisdiction over the planning, implementation or operation of corridor
transportation projects to provide resources to build locally preferred alternatives to meet the
transportation goals of the corridor.
4. To apply for grants and other funding, through sponsorship of a member agency, from
Colorado, Federal and other sources to do planning and research on methods to build locally
preferred alternatives to improve transportation in the corridor.
5. To study the feasibility and pro's and con's of becoming an integrated Colorado Department of
Transportation Commissioner District, Engineering District and Planning District.
B. GOVERNANCE:
1. VOTING MEMBERS: Each signatory member to this agreement shall have one vote.
2. COALITION BOARD: The Coalition Board shall be comprised of all signatory members.
3. EXECUTIVE COMMITTEE: The Coalition Board shall appoint an Executive Committee
consisting of one member from each member county The member could be from the member
county or one of the towns in the member county in the coalition.
4. DUES AND EXPENSES: Each member would pay their own costs of participating and there
would not be any dues. If a special project were approved by the Coalition Board then the Board
by separate agreement will develop a funding formula for paying the expense of the project. Any
member opting to not participate in the funding formula would terminate membership in the
Coalition.
5. STAFF: There will be no staff except those contracted for a specific short-term purpose.
C. COALITION BOARD DUTIES AND OBLIGATIONS:
1. Establish a quarterly meeting schedule.
2, Establish bylaws and rules of conduct for the Coalition.
3. Define and prioritize the Coalition projects to be undertaken by the
Executive Committee.
4. Appoint the Executive Committee from nominations made by the members.
5. Approve locally preferred alternatives and action plans prepared by the
Executive Committee,
6. Adopt an annual coalition budget for projects in the upcoming year.
7, Determine the formula for calculating the funding of projects.
D. EXECUTIVE COMMITTEE DUTIES:
1. Establish a monthly meeting schedule.
2, Advance the purposes of the Coalition and complete the projects prioritized
by the Coalition Board.
3. Provide quarterly activity reports to the Coalition Board providing a statistical and a narrative
summary of the Executive Committee activities.
E. MEMBER OBLIGATIONS:
1, Appoint a representative to the Coalition Board and to participate in meetings on a regular
basis.
2. Hold harmless the Coalition Board, its members, its officers, employees, and agents.
F. TERMINATION:
1. FOR CAUSE. In the event that a member materially defaults in the performance of any of the
material covenants or agreements to be kept, done or performed by it under the terms of this
Agreement, the Coalition shall notify the defaulting party in writing of the nature of such default;
Within thirty (30) days following receipt of such notice the defaulting party shall correct such
default, or in the event of a default not capable of being corrected within thirty (30) days of receipt
of notification thereof and thereafter correct the default with due diligence, If the defaulting party
fails to correct the default as provided above, the Coalition, without further notice, shall have the
right to declare that this Agreement is terminated, in so far as it concerns the defaulting member,
effective upon such as the Coalition shall designate and the non defaulting member shall have
the right to recover such damages as it shall be entitled to by law. The rights and remedies
provided for herein may be exercised singly or combination,
2. NOT FOR CAUSE. A member may terminate its participation in this Agreement for any reason
by providing the Coalition a minimum of a written notice of Intent to Terminate no later than ninety
(90) days prior to the thirty- first day of December of the year in which the notice is given. Such
termination shall become effective upon the first day of January of the year succeeding the date
on which the notice is given. Other than as permitted in paragraph F,1 above, no member shall
be permitted to withdraw from this Agreement prior to the end of a year, and in no circumstance
will any portion of the withdrawing agency's contribution to the Coalition be returned or prorated
due to withdrawal.
G. WAIVER: The failure of a party to exercise any of its rights under this Agreement shall not be a
waiver of those rights,
H. TERM/RENEWAL: This Agreement shall be renewed annually on January 1 of each succeeding
year. Notwithstanding the yearly renewal or anything herein contained to the contrary, the obligation of
the parties under this Agreement shall be, where appropriate, subject to an annual appropriation of the
member's governmental body in an amount sufficient to allow the member to perform its obligations
hereunder. In the event sufficient funds are not appropriated for the payment of sums due to the
Coalition, hereunder, this Agreement may be terminated by either the Coalition or the non-appropriating
member without penalty, provided the member furnished the Coalition written notice ninety (90) days
prior to the date of non-appropriation if possible, Such termination shall become effective upon the first
day of January for the year that the non-appropriation operates. No member shall be permitted to
withdraw from this agreement prior to the end of the year due to the non-appropriation of funds for the
following year, and in no circumstance will any portion of the withdrawing member's contribution to the
Coalition be returned or pro-rated due to withdrawal. The member's obligations hereunder shall not
constitute a general obligation indebtedness, or multiple year direct or indirect debt, or other financial
obligation whatsoever within the meaning of the Constitution or laws of the state of Colorado.
1. NOTICE: All notices required to be given to the Coalition under this agreement shall be addressed to
Interstate 70 Central Mountain Transportation Corridor Coalition.
J. MODIFICATION: This Agreement may be modified or amended only by instrument duly authorized
and executed by the parties hereto.
K. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding
between the parties and supersedes any prior agreement or understanding relating to the subject matter
of this Agreement.
L. THIRD PARTIES: This Agreement does not, and shall not be deemed to confer upon any third party
any right to claim damages or to bring suit, or other proceeding against any party because of any term
contained in the Agreement.
M. SEVERABILITY: In case one or more of the provisions contained in this Agreement, or any
application hereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions contained in this Agreement and the application thereof shall
not in any way be affected or impaired thereby.
N. APPLICABLE LAW: At all times during the performance of this Agreement, the parties shall strictly
adhere to all applicable federal, state, and local laws, rules and regulations that have been or may
hereafter be established, and all work performed under this Agreement shall comply with Federal, State,
and local laws, rules and regulations.
0. APPROVAL BY GOVERNING BOARDS OR OTHERS WITH AUTHORITY: In accordance with
Section 29-1-203(1), C.R.S. this Agreement shall not become effective unless and until it has been
approved by the Boards of County Commissioners, Town Councils, and other authorities having the
power to so approve.
IN WITNESS WHEREFORE, this agreement is executed and entered into on the day and year first
written above.
Signature
Date:
Signature
Jurisdiction
Jurisdiction
Date: