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TC Council Packet 09-14-2004STATE 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 SEPTEMBER 14, 2004, AT 1:45 PM AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 1:45 PM - 2:00 PM 1) Executive Session - The topic meets the requirements of C.R.S. 24-6- 402-4 (e) -Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. Negotiations with Village (at Avon). 2:00 PM - 2:45 PM 2) Council Committee Updates: - Council members are assigned to several committees and update their progress. Air Council Update (formerly known as Fly Summer Vail) - Councilor Brown Avon Comprehensive Plan Update - Councilor Sipes Community Development Committee Update - Councilors Wolfe & Sipes 2:45 PM - 3:45 PM 3) Transit Discussion (Bob Mcllveen, Beaver Creek Resort Company) - Presentation and discussion of transportation options due to the installation of the new lift at Beaver Creek. 3:45 PM - 4:30 PM 4) Lot 61 Concept Discussion (Michael Hazard) - Review and discussion of preliminary material that will outline options for development of a mixed-use project for Lot 61. 4:30 PM - 5:00 PM 5) Capital Projects Fund Five Year Plan Update (Norm Wood) - Review and discussion of CIP Fund Projects and Budget Calendar 5:00 PM - 5:20 PM 6) Staff Updates a. Wildlife Ordinance (Jeff Layman) - Information about Town's effort to educate public about new wildlife protection ordinance. b. Community Development Update (Tambi Katieb) c. Historical Water Wheel Update (Jacquie Halburnt) - Update on status of water wheel & its historical value d. Capital Improvements Project Requests with Eagle County (Norm Wood) - Status of the list of capital projects submitted to Eagle County e. New Businesses in Avon (Patty McKenny) - An update on new businesses in Avon Consent Agenda Questions AND SUCH OTHER BUS INESS 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. ¦ Comments from the public are welcome. Avon Council Meeting. 04.09. 14 VON C O L O R A D O Tom ofA m P.O. Bcb(975 400 Baxhrrak Pmd Awry Cobado 81620 970-7484005 Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: September 10, 2004 Regarding: Lighting Study Last week we had a meeting of the Community Development Subcommittee. While your peers will provide you with an update of our discussion topics as they choose, I have asked them to spend some time talking with us about their thoughts on the lighting study that is attached (partially). They had what I thought were some very good points on the subject, and I know that some of you are questioning the work, or the scope of the study. You have received copies of the full response to the RFP in your mailboxes earlier, so I have only copied the "meat" of the response. You will note that this subject will overlap with Norm's presentation on the C.I.P. budget that follows later in the agenda. He is asking for some consensus on this (and other) potential projects. In some respects, it might be impractical to give direction on this capital project until the study is complete. On the other hand, we get very clear direction if you determine not to proceed with the study, or to proceed one phase at a time. PS: This is just a long-winded way of asking you to bail me out. I can't get a comfortable feeling that we are headed in a direction that the majority of you really support. aec Architectural Engineering Consultants Mechanical & Electrical Design Services Mr. Tambi Katieb August 27, 2004 Community Development Director P.O. Box 975 Avon, CO 81620 Reference: Town of Avon (TOA) Outdoor Lighting Plan and Ordinance Lighting Design Services Proposal Dear Tambi, We appreciate the opportunity to present this proposal to you. This proposal is written to your RFP which we received via Matt Pielsticker, TOA building inspector through email 8/3/04. We have extensive experience and background that exceptionally qualifies us to complete the work detailed below. In summary, my 10 years experience working in the valley as an electrical engineer and lighting designer is my best qualification. I have been involved with much of the street lighting planned in Avon, including the main roundabouts through town, the sculpture lighting, East & West Beaver Creek, Benchmark Road and more. Beyond street lighting, I have been involved in several projects that feature extensive exterior lighting design. Those projects include: Swift Gulch Maintenance facility, Vail Commons, Chapel Square, Eagle Ranch Theater and more. Preceding this proposal is a more extensive statement of our qualifications, resumes, project list and company background. I have worked through some very difficult lighting codes such as the Town of Eagle and some very simple codes such as the City of Steamboat Springs. I am sure my experience and skills will allow me to effectively write the ordinances required for the TOA to meet its objectives for maintaining the night sky and reducing light pollution. Proiect Assess the existing municipal, commercial and residential exterior lighting of Avon. Review and analyze existing lighting and determine the impact of a lighting ordinance intended to reduce light pollution. When the assessment and analysis is complete, write an exterior lighting ordinance to meet the Town of Avon's goals. ,maul vs tiwy 6 S: Z4, Suite #214, Eagle-Vail, Colorado 81620 Post Office Box 8489, Avon, CO 81620 . Phone: 970-748-8520 Facsimile: 970-748-8521 Email: stan@aec-vail.com http://www.aec-vail.com TOA Outdoor Lighting Plan and Ordinance August 27, 2004 Page 3 Fee & Schedule All fees will be charged hourly the fees are estimated as follows: Phase One Hourly, estimated fee of $4,700. Start in September and complete by October 2004. Outline evaluation 3 hours Accumulate examples of exterior lighting and signage, take photos and foot-candle readings. 22 hours Prepare ranking and prioritization in report form. 16 hours Discussion and review 6 hours Total estimated hours 47 hours Phase Two Hourly, estimated fee of $4,500. Start in October, complete by November 2004. Expand examples to include the rest of the Valley. 12 hours Synopsis 12 hours Assessment and recommendations 15 hours Discussion and review 6 hours Total estimated hours 45 hours Phase Three Hourly, estimated fee of $16,800. Start in November, Complete by end of January 2005. Inventory count of existing municipal lighting 36 hours Determine viable alternatives to street light 15 hours Outline other municipal fixtures requiring change 20 hours Outline a schematic plan for replacement or upgrade of existing municipal lighting. 40 hours Research neighboring communities' lighting codes 12 hours Expand upon existing draft and finalize ordinance 20 hours Discussion and review 25 hours Total estimated hours 168 hours As noted all fees and schedules are estimates. The scope of work described can be carried out to an endless amount of detail, discussions and meetings can be extensive, and all of this together makes it difficult to set hard numbers to our fee. Our estimated fees are based on the basic research required, one meeting at each phase and good consideration. We will work hard to beat the fees and schedule noted above, we may exceed the fees as required to detail what we may discover as necessary. For the type of work required, I think we will need this kind of flexibility. TOA Outdoor Lighting Plan and Ordinance August 27, 2004 Page 5 This agreement constitutes the full and entire agreement with the understanding that we are to perform our services to the standard of care of those in our profession providing equivalent services in this area. Additional Services As defined in the AIA C141 contract form in accord with our standard hourly rate schedule. Sincerely, Architectural Engineering Consultants Stanton O. Humphries President / Owner ACCEPTED: Authorized Signature Date Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Bob Reed, Director of Public Works Date: 9/19/04 Re: Beaver Creek Resorts Presentation Summary: Representatives from Beaver Creek Resorts will speak about transit operations as they relate to the Landing (base of new chairlift) and the new parking lot configuration. They will also address plans for the future and options that may come along as well. Town Manager Comments: I AAVIIp A 71 C Documents And SettingsTnickenny\Local Settnngs\Temporary Intemet Files\OLKB\Councd Memo Template.Doc Town of Avon Analysis of Town Routes 2005 Service Hours, Costs and Ridership 2005 Proposed Budget Skier Town Hurd Lane Combined Charters & Donated Beaver Shuttle Shuttle Shuttle Shuttle Council Services Creek Total Service Hours - Budgeted 5,389 4,323 4,323 2,718 1,035 200 20 491 38 479 , , Cost Per Route Calculation Shared Service Hour Cost: - Variable Cost Component ($xx.xx/hr.) $ 155,989 $ 125,132 $ 125,132 $ 78,675 $ 29,959 $ 5,789 $ 593,127 $ 1,113,803 - Fixed Cost Component ($x.xx/hr.) 44,133 35,403 35,403 22,259 8,476 1,638 167,809 315,121 Fleet Maintenance Costs ($11.521hr.) 62,084 49,803 49,803 31,313 11,924 2,304 - 207,230 Net Exceptional Costs (1) 16,694 13,392 13,392 8,420 3,206 620 - 55 723 , Total Cost Per Route 278,899 223,730 223,730 140,666 53,565 10 351 760 937 1 691 877 , , , , Less: Allocation of Revenues Charters - - - 83,300 - - 83,300 - 3rd Party Revenues 50,000 - - - - - 760 937 810 937 , , Net Cost Per Route $ 228,899 $ 223,730 $ 223,730 $ 140,666 $ (29,735) $ 10,351 $ (0) $ 797,640 (1) Net exceptional costs include capital and debt service expenditures less any related grant revenues IDG 3 P.O. Box 1068 Vail, Colorado 81658 970.949.4958 F. 970 949.4838 mha@vail.net September 10, 2004 Honorable Buzz Reynolds, Jr. and Town Council Town of Avon P.O. Box 975 Avon, CO 81620 Re.: Work Session Review for Proposed Development September 14, 2004 Lot 61, Block 2 Benchmark @ Beaver Creek Dear Mayor Reynolds & Council, We will be coming before you with some preliminary material that will outline several options for the development of a mixed-use project for the subject site. As a site poised to set the tone for future development of the Town Center we have explored options for creating a development that will allow for the implementation of the Master Plan adopted in 2003 and the goals being established in the Comprehensive Master Plan. Our studies have investigated both Lot 61 and the Town as a whole to see how we could use the development impetus of our site to spur further development and redevelopment of the core. We will illustrate how the several massing options can address the impact of a large- scale development for both the immediate site and the rest of the Town. Our intent is to exceed the standards set to date for similar developments and establish a landmark that will distinguish Avon as a center for retail and entertainment vitality. The project will seek to establish a new benchmark for property values and site amenities and in so doing will generate both near and long term financial benefits for the Town and its citizens. We look forward to our meeting and your comments. Sincerely, Michael A. Hazard AIA Member IDG 3 LLC Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: September 8, 2004 Re: Capital Projects Fund 5-Year Plan Update Summary: The attached Capital Projects Fund Budget Calendar outlines a process and schedule for adoption of the Capital Projects Fund portion of the 2005 Budget. The primary goal for this work session is council review and comment on the attached First Draft of the Capital Projects Fund 5-Year Plan. Comments and input received from Council at this meeting will be used to develop a Second Draft of the Plan. Open discussion and input from Council is extremely important at this stage and it will help a great deal if Council can reach consensus on the priority and ranking of as many projects as possible. It will also help if there is consensus on new projects that should be added to the list and projects that should possibly be removed from the list. A number of issues surfaced with regard to the Capital Projects Fund 5-Year Plan at the previous Council Work Session on August 10 and also with subsequent discussions with council members and the general public. These issues include: 1. Three rating sheets for "Other Potential Projects" received from Council. a) These Rating Sheets are attached b) Potential Capital Projects (attached) ranking has been revised to reflect the three Rating Sheets received. c) Note: The rating includes previously unlisted (Town Hall Audio-Video Project) which was added to one of the rating sheets received. Preliminary Project Description Cost Estimate: Remodel Council Chambers to incorporate audio-visual equipment into rearranged facility for improved staff & public presentations, TV programming and attending public's ability to see and hear information beingpresented. This may involve significant rearranging, remodeling and refurnishing of the Council Chambers in addition to the installation of new audio-visual equipment. Estimated Cost: $225,000 Is this a project Council would like to include on the priority list? CJ)ocuments And Settings\Nwood\My Documents\Temp\CIP Budget Memo.Doc 2. "Wildridge Pocket Park - Upper Area (New in Block 3 or 4)" - A Wildridge resident has requested this project be included in the projects funded in 2005. a) Indicated area residents requesting project have researched potential sites for acquisition at reduced price b) Believe they can raise some matching funds from residents c) Residents are willing to contribute sweat equity to complete project Does Council wish to move this project to 2005 or 2006 with the condition that funds will not be expended until a viable site and commitments from residents are confirmed? 3. Nottingham Road Improvement Project a) Should Project be modified to eliminate roundabout and additional driving lanes and recommit funds to pedestrian oriented projects? (i.e., Avon Road Pedestrian Bridge; Reconstruct West Beaver Creek Blvd. from Avon Road to Benchmark Road to include medians, landscaping, on-street parking, etc.; Bikepath from Avon Road Roundabout 1 to connect with bikepath at Swift Gulch; etc.) 4. Riverfront Park Development a) Should we include Riverfront Park Development Project with access and parking? 5. Municipal Street Light Conversion a) Should this project be included in 2005 Budget (Ranking 36-39 out of 41 listed projects) b) Spread cost of replacement over 5 - 7 year period c) Deduct cost of normal annual replacements (maintenance) from Capital Costs d) Select new fixture design for installation in new projects (i.e., Nottingham Road, Main Street, etc.) Should this Project be included in Budget and if so what time frame should be used for completion? 6. Metcalf Storm Drainage - Evans Chaffee Construction Group purchased Lot 22, Block 1, Benchmark at Beaver Creek (0077 Metcalf Road). They would like to pipe the section of Metcalf drainage that flows across this property to expand parking area. a) Natural extension of current Town construction project b) Opportunity for early completion of this section of Metcalf Drainage Project c) Opportunity to complete project at reduced cost Should this project be included in the 2004 Budget for Metcalf Basin Drainage Improvements (Nottingham Road to I-70) pending approval of an agreement with Evans Chaffee Construction Group based upon an approved design and a firm cost proposal and division of cost responsibilities? 7. Are there projects on the list that should be removed at this time? 8. Should some projects be rated higher? Some may not have been rated by all members of the Council. • Page 2 Council consensus regarding these particular items will help immensely in the preparation of the Second Draft of the Capital Projects Fund 5-Year Plan. Town Manager Comments: 0 Page 3 ;a AVO C O L O R A D O Post Oft ice Box 975 400 Benchtnark Road Avon, Colorado 81620 970-748-4000 TOWN OF AVON 970-949-9139 Fnr 2005 970-845-7708 77Y CAPITAL PROJECTS FUND BUDGET CALENDAR July 22, 2004 Date Description August 5, 2004 Complete Preliminary Budget Information Summary & Memo August 10, 2004 Council Work Session - Review Project Status & Budget Process August 24, 2004 Council Work Session - Vacation September 8, 2004 Complete 1 St Draft & Budget Process & Priorities Memo September 14, 2004 Council Work Session - Review 1St Draft & Begin Budget Process September 22, 2004 Complete 2nd Draft Based Comments & Indicated Priorities September 28, 2004 Council Work Session - Review 2nd Draft & Priorities September 29 & 30, 2004 Council Budget Retreat October 6, 2004 Complete 3rd Draft & Priorities October 12, 2004 Council Work Session - Review 3rd Draft & Priorities October 20, 2004 Complete Final Revisions October 26, 2004 Council Meeting - Public Hearing on Budget November 9, 2004 Council Meeting - Adopt Budget by Resolution L\Engineering\Administration\CIP Budget\2005\Schedule.Doc TOWN OF AVON CAPITAL PROJECTS FUND 5-YEAR PLAN Original Estimated Proposed Actual Budget Year-end Budget Projected 2010 & 2003 2004 2004 2005 2006 2007 2008 2009 Beyond REVENUES Real Estate Transfer Tax $ 2,224,452 $ 1,350,000 $ 1,850,000 $ 2,100,000 $ 2,300,000 $ 2,300,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 Interest Earnings 33,699 44,788 37,569 47,541 27,765 35,043 48,931 57,618 Intergovernmental: Community Development Block Grant 97,837 - - - _ _ _ _ _ CDOT Enhancement Funds Grant - - - - 149,000 - CDOT / FHWA Transportation Center Grant 640,000 80,000 1,520,000 - Confluence Metro District (Fire Station Remodel) - - - 160,000 - Confluence Metro District (Town Center Mall) - 2,400,000 Cottonwood PUD / Swift Gulch Road Relocation _ _ _ Eaglebend Housing Authority 25,000 25,000 Eagle County RTA (Trails Grant) - - _ - _ _ _ Village at (Avon) (Roundabout Reimbursement) 200,000 200,000 200,000 200,000 200,000 200,000 200,000 - Village at (Avon) (E. Beaver Cr. Blvd. Right-of-Way) - 142,000 12,000 - - - 130,000 1,175,000 - Utility Capital Facility Fees 444 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 Fireplace Fees 1,500 9,000 9,000 9,000 9,000 9,000 9,000 9,000 9,000 Other Revenues: Development Reimbursements 4,029 - - - - _ _ _ _ Tract J Owner Reimbursement - Miscellaneous 2,014 - - - - _ _ _ _ Total Operating Revenues 2,563,975 2,387,788 2,190,569 3,903,541 2,872,765 2,546,043 1,889,931 2,743,618 3,911,000 Other Sources: Transfer in from Water Fund 1,186,931 65,000 250,000 - 325,000 1,717,000 - - - Total Revenues and Sources of Funds $ 3,750,906 $ 2,452,788 $ 2,440,569 $ 3,903,541 $ 3,197,765 $ 4,263,043 $ 1,889,931 $ 2,743,618 $ 3,911,000 Section I, Page C-5 TOWN OF AVON CAPITAL PROJECTS FUND 5-YEAR PLAN Original Estimated Proposed Actual Budget Year-end Budget Projected 2010 & 2003 2004 2004 2005 2006 2007 2008 2009 Beyond EXPENDITURES Capital Improvements: Facilities $ - $ 1,200,000 $ 100,000 $ 1,100,000 $ $ $ - $ $ 15,375,000 Land and Land Improvements 25,640 - - 150,000 400,000 Roads and Streets 307,943 1,552,000 722,000 4,753,000 2,027,000 250,000 1,400,000 1,685,000 3,600,000 Recreation - - - - - - - - - Stormwater and Drainage 1,216,270 65,000 250,000 325,000 1,717,000 Development Services 97,837 - - - - Communications - - - - - - - - - Strategic Planning 18,563 110,000 120,000 25,000 25,000 25,000 25,000 25,000 25,000 Other 3,000 - 30,000 50,000 1,020,000 - - - - Developer Rebates 247,076 175,000 175,000 300,000 400,000 400,000 - - - Total Expenditures 1,916,329 3,102,000 1,397,000 6,378,000 3,797,000 2,392,000 1,425,000 1,710,000 19,400,000 Other Uses: Operating Transfer Out to General Fund 200,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 Operating Transfer Out to Special Assessments Fund 12,271 11,292 11,292 10,311 - - - - - Total Expenditures and Uses of Funds 2,128,600 3,163,292 1,458,292 6,438,311 3,847,000 2,442,000 1,475,000 1,760,000 19,450,000 Net Source (Use) of Funds 1,622,306 (710,504) 982,277 (2,534,770) (649,235) 1,821,043 414,931 983,618 (15,539,000) Fund Balance, Beginning of Year 2,489,887 3,597,755 4,112,193 5,094,470 2,559,700 1,910,465 3,731,509 4,146,440 5,130,058 Fund Balance, End of Year $ 4,112,193 $ 2,887,251 $ 5,094,470 $ 2,559,700 $ 1,910,465 $ 3,731,509 $ 4,146,440 $ 5,130,058 $ (10,408,942) Section I, Page C-6 TOWN OF AVON CAPITAL PROJECTS INVENTORY 5-YEAR PLAN Original Actual Budget 2003 2004 CAPITAL IMPROVEMENT PROJECTS Facilities Information Kiosks / 1-70 $ $ $ Town Center Mall/Town Center Plan Implementation 1,200,000 Municipal Government Space Needs Analysis - - Municipal Parking Facilities Public Works - Equipment Storage & Shop Space Public Works - Administration Building Recreation Center - Phase I I Expansion Wildridge Pavilion _ Land and Land Improvements Parks: Land Trade Contribution Wildridge Park Improvements & Playground Wildridge Pocket Park - New Block 5 Widrdge Pocket Park - New Block 3 or 4 Tract J Bridge Removal 25,640 Roads and Streets Streetscape: Eaglebend Dr. Estimated Proposed Year-end Budget 2004 2005 2006 100,000 1,100,000 Projected 2007 2008 2010 & 2009 Beyond $ 100,000 2,000,000 25,000 7,000,000 750,000 1,500,000 3,500,000 500,000 150,000 - 150,000 250,000 Nottingham Rd. Imp., 1-70 to Buck Creek - 340,000 Nottingham Rd. Imp., Buck Creek to Metcalf Rd. 1,902 Avon Road Pedestrian Bridge _ East Avon Redevelopment (Main St. Extension) - Street Improvements: Paving/Road Improvements 225,650 205,000 E. Beaver Creek Blvd Improvements - 142,000 Swift Gulch Road Relocation _ _ Metcalf Road Improvements _ Buffalo Ridge Commitments 56,941 - 40,000 380,000 - _ 340,000 2,210,000 - _ 168,000 1,347,000 _ _ - - 500,000 _ - - 2,000,000 205,000 300,000 300,000 250,000 250,000 250,000 250,000 12,000 _ ~y36-686a~_--t-YyS-00T - 1,000,000 - Section I, Page C-7 TOWN OF AVON CAPITAL PROJECTS INVENTORY 5-YEAR PLAN Original Estimated Proposed CAPITAL IMPROVEMENT PROJECTS Actual 2003 Budget 2004 Year-end 2004 Budget 2005 2006 Projected 2010 & 20 Multi-Modal/Alternative Mobility 07 2008 2009 Beyond East Avon Access and Circulation Eagle River Bikepath - B/C Blvd To Confluence 18,126 " . Wiidridge - Emergency / Bike Access 5,324 - Wildridge - Traffic Calming & Pedestrian Circulati on Transportation Center 20,000 20,000 135,000 850,000 Swift Gulch Road Bikepath from RA # 1 800,000 100,000 1,900,000 - Swift Gulch Road Bikepath Extension to Village RA 45 000 20,000 260 000 , 45,000 , Recreation Stormwater & Drainage Metcalf Road Drainage Buck Creek 11-70 to Eagle River 1,216,270 _ 285,000 1,517,000 Metcalf Drainage I-70 to Nottingham Road W B 65 000 0 0 - - . eaver Creek Blvd. Drainage 1-70 to Railroad , ' - 40,000 200,000 Development Services " Village at Avon, Filing 1 Village at Avon, Filing 2 - Buffalo Ridge 97,837 Strategic Planning - - Development Analysis and Review: Confluence / Beaver Creek Landing C h _ t 1 ompre ensive Plan Planning and Consulting 85,000 r - _ - _ - - Communications 18,563 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 Other Fireplace Conversions Lighting Study & Conversion 3,000 " - 30,000 50,000 1,020,000 Total Capital Im r p ovement Projects $ 1,669,253 $ 2,927,000 $ 1 222 000 $ 6 07 , , , 8,000 $ 3,397,000 $ 1,992,000 $ 1,425,000 $ 1,710,000 $ 19,400,000 Section I, Page C-8 41616 Memo To: Honorable Mayor and Town Council Thru: Lang Brooks, Town Manager From: Norman Wood, Town Engineer Date: August 4, 2004 Re: Capital Projects Fund 5-Year Plan Summary: A First Draft of the Capital Projects Fund 5-Year Plan is attached. We have also included a list of.Potential Capital Projects as prioritized by Council in the 2004 Budget process and General Descriptions for potential projects. Changes in this draft of the Capital Projects Fund 5-Year Plan include construction of the Nottingham Road 60 Improvements from Buck Creek to Metcalf Road during 2006 instead of 2007. This change was made because of the rapidly deteriorating condition of this section of road. Another change was moving construction of the Metcalf Road Drainage Improvements from 2006 to 2007. This change was made to better coordinate construction with the revised Nottingham Road construction schedule. This Draft of the Capital Projects Fund 5-year Plan seems to indicate a healthy fund with a minimum ending fund balance of $1,910,465 in 2006 increasing to a high of $5,130,058 in 2009. We have included additional capital projects on the Potential Capital Projects list that Council may wish to consider prioritizing for inclusion in the Capital Projects Fund 5-Year Plan. These projects should be rated from 1 to 5 with 5 being highest priority and 1 being lowest priority. We will use these priority ratings to incorporate these projects into a second draft for Council consideration. We would also like input from Council with respect to other potential projects that may not be listed, but should be considered in the final plan. Council may also want to look at the prioritized list and possibly remove some of the lower rated projects from the Plan. Open discussion and input from Council is extremely critical to the development of a long range capital improvements plan that not only provides infrastructure consistent with the needs of the Town but also establishes a direction and plan to implement the vision of the Council. Town Manager Comments: I:\Engineering\Administration\CIP Budget\2005Nemo-1. Doc aV?.-13-ze04 0}3:41 PM MAC MCDEVITT 970 945 7569 P.91 POTENTIAL CAPITAL PROJECTS 2085 CIP BUDGET August 3, 2004 Propo"d 2004 2vo Budget Importance Project Year 2004 Rating / 26 1) Comprehensive Plan Development 2) Nottingham Road -1-70 to Buck Creek Rd. 2004/2005 r 26 - ,? 3) Nottingham Road - Buck Creek Rd. to Metcalf Rd. 2005/2006 26 -- 3 24 4) Metcalf Road Improvements 2004/2005 _ ?- 5) Transportation Center 6) Wildridge Traffic Calming / Pedestrian Circulation 2004/2005 23 7) East Avon Redevelopment (Main Street Extension) 2010 3 8) Wildridge - Emergency / Bike Access 9) Town Center Mall / Town Center Plan Implementation 2010 2004/2005 - S- q 10) Drainage -- Metcalf (Nottingham Rd. to I-70) 2004 _ 18 3 11) Swift Gulch Rd. Bikepath (Paving to Village 1-70) 2004 _-.-18 12) Swift Gulch Road Bikepath (RA 1 to Maintenance Shop) 2008/2009 200612007 17 `f' 13) Drainage - Metcalf Road 14) East Beaver Creek Boulevard Improvements 2004/2008/2009 17 7- 15) 1-70 Information Center 2010 17 4 16) Wildridge Park Improvements & Playground 2005 2004 thru 2010 i-- § i§ 4 17) Paving / Road Improvements Deleted ! 6 18) Swift Gulch Road Relocation 2010 ---- 11 2- 19) Municipal Parking Facilities 20) Drainage - W. Beaver Creek Blvd. (T-70 to Railroad) 2006/2007 4 L 21) Avon Road Pedestrian Bridge 4ww?,d&q ? 14 22) Planning & Consulting 2004 thru 2010 _,. 12 d 23) Wildridge Pavilion 24) Public Works Equipment Storage & Work Area Buildings 2010 2010 9 o 25) Wildridge Pocket Park - New in Block 5 2010 _ 10 26) Wildridge Pocket Park - Upper Area (New in Block 3 or 4) 2010 _ 0 27) Eaglebend Drive Streetscape Improvements 2005/2006 10?, o 0 28) Recreation Center Phase 11 2010 IQ - 29) Public Works Administration Building 2010 _A / 30) Municipal Government - Space Needs Analysis 2010 o 31) 3-D Zoning & Retail Plan - Core Area (New) 2004/2005/2006 4 7- 32) Lighting Conversion 33) Eagle River Whitewater Park, Access & Viewing Area (New) 4 l Other Potential Projects: / a) Tract J - Remove Center Bridge Pier b) Tract J - New Pedestrian Bridge Over Eagle River i n on) c) Historic Preservation Fund (Annual Matching Conte I - d) Water Rights Acquisition l? ? -10 414 e yr ?? d C) Nottingham-Puler Ditch Restoration - 0 Nottingham Lake Pump Station Expansion " g) Soccer Field - Artificial Turf - ?- k ? TJw?,t h?X /?w? -1/i 5ua.Q ??(??6? _? ??l?G( Wye ..?.?'- 1:\EA¢1neertrt6l+°Wm1nbfn60n1GP 9ldpat0N1PribritY Lilt 2005.tyOC POTENTIAL CAPITAL PROJECTS 2005 CIP BUDGET August 3, 2004 Proposed 2004 Budget Importance Project Year Rating 1) Comprehensive Plan Development 2004 26 2) Nottingham Road -1-70 to Buck Creek Rd. 2004/2005 26 3) Nottingham Road - Buck Creek Rd. to Metcalf Rd. 2005/2006 26 4) Metcalf Road Improvements 2008 24 5) Transportation Center 2004/2005 24 6) Wildridge Traffic Calming / Pedestrian Circulation 2004/2005 23 7) East Avon Redevelopment (Main Street Extension) 2010 22 8) Wildridge - Emergency / Bike Access 2010 22 9) Town Center Mall / Town Center Plan Implementation 2004/2005 20 10) Drainage - Metcalf (Nottingham Rd. to I-70) 2004 18 11) Swift Gulch Rd. Bikepath (Paving to Village 1-70) 2004 18 12) Swift Gulch Road Bikepath (RA 1 to Maintenance Shop) 2008/2009 18 13) Drainage - Metcalf Road 2006/2007 17 14) East Beaver Creek Boulevard Improvements 2004/2008/2009 17 15) I-70 Information Center 2010 17 16) Wildridge Park Improvements & Playground 2005 16 17) Paving / Road Improvements 2004 thru 2010 16 18) Swift Gulch Road Relocation Deleted 16 19) Municipal Parking Facilities 2010 15 20) Drainage - W. Beaver Creek Blvd. (1-70 to Railroad) 2006/2007 14 21) Avon Road Pedestrian Bridge 2010 14 22) Planning & Consulting 2004 thru 2010 13 23) Wildridge Pavilion 2010 12 24) Public Works Equipment Storage & Work Area Buildings 2010 10 25) Wildridge Pocket Park - New in Block 5 2010 10 26) Wildridge Pocket Park - Upper Area (New in Block 3 or 4) 2010 10 27) Eaglebend Drive Streetscape Improvements 2005/2006 10 28) Recreation Center Phase 11 2010 10 29) Public Works Administration Building 2010 9 30) Municipal Government - Space Needs Analysis 2010 7 31) 3-D Zoning & Retail Plan - Core Area (New) 5 32) Lighting Conversion 2004/2005/2006 4 33) Eagle River Whitewater Park, Access & Viewing Area (New) 4 Other Potential Projects: a) Tract J - Remove Center Bridge Pier b) Tract J - New Pedestrian Bridge Over Eagle River Z c) Historic Preservation Fund (Annual Matching Contribution) d) Water Rights Acquisition _ e) Nottingham-Puder Ditch Restoration f) Nottingham Lake Pump Station Expansion g) Soccer Field - Artificial Turf l I:\Engineering\Administration\CIP Budget\2005\Priority List 2005.Doc POTENTIAL CAPITAL PROJECTS 2005 CIP BUDGET Revised- September 8, 2004 Proposed 2004 Budget Importance Project Year Rating 1) Comprehensive Plan Development 2004 26 2) Nottingham Road - I-70 to Buck Creek Rd. 2004/2005 26 3) Nottingham Road - Buck Creek Rd. to Metcalf Rd. 2005/2006 26 4) Metcalf Road Improvements 2008 24 5) Transportation Center 2004/2005 24 6) Wildridge Traffic Calming / Pedestrian Circulation 2004/2005 23 7) East Avon Redevelopment (Main Street Extension) 2010 22 8) Wildridge - Emergency / Bike Access 2010 22 9) Town Center Mall / Town Center Plan Implementation 2004/2005 20 10) Drainage - Metcalf (Nottingham Rd. to I-70) 2004 18 11) Swift Gulch Rd. Bikepath (Paving to Village I-70) 2004 18 12) Swift Gulch Road Bikepath (RA 1 to Maintenance Shop) 2008/2009 18 13) Drainage - Metcalf Road 2006/2007 17 14) East Beaver Creek Boulevard Improvements 2004/2008/2009 17 15) I-70 Information Center 2010 17 16) Wildridge Park Improvements & Playground 2005 16 17) Paving / Road Improvements 2004 thru 2010 16 18) Swift Gulch Road Relocation Deleted 16 19) Municipal Parking Facilities 2010 15 20) Nottl111 Ilanl-Pullet' Ditch I\'es1o1"atlon (Nev-y') 14 21) Drainage - W. Beaver Creek Blvd. (1-70 to Railroad) 2006/2007 14 22) Avon Road Pedestrian Bridge 2010 14 23) Planning & Consulting 2004 thru 2010 13 24) Wildridge Pavilion 2010 12 Notttn-haul Lake Pttnll) Statiotl I?spatlslon (Ncl\) 11 26) `\ _ttc'I' IZ1`hts AcclulsIttoll (Nc\\') I O 27) Public Works Equipment Storage & Work Area Buildings 2010 - 10 28) Wildridge Pocket Park - New in Block 5 2010 10 29) Wildridge Pocket Park - Upper Area (New in Block 3 or 4) 2010 10 30) Eaglebend Drive Streetscape Improvements 2005/2006 10 31) Recreation Center Phase 11 2010 10 32) Public Works Administration Building 2010 9 33) Municipal Government - Space Needs Analysis 2010 7 34) 1 Tact'l Remove Ccutcr N-id,,,c Pier (Nevv) 35) 3-D Zoning c? Retail Plan - Core Area (New) 36) 'I 0v111 hall AL1C11o-\- isual (Nc?v ) 1 historic Pr?scr\atii)n Fund (Nc\\) 4 38) Lighting Conversion 2004/2005/2006 4 39) Eagle River Whitewater Park, Access & Viewing Area (New) 4 40) Tract .( - N(2 vv Pedcstrlan IIi- id,-, c (h et' I" a?_) le Riv:1* (Ncvy) 3 41) Soccer Meld - Artillcial I Litt 0", 2 N v ) 2 I:\Engineering\Administration\CIP Budget\2005\Priority List 2005-Rev 9-08.Doc MEMORANDUM To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Chief of Police Date: September 9, 2004 Re: Wildlife Ordinance Public Education Efforts 2004 Summary: The purpose of this memo is to inform the council of the Town's efforts to educate our citizens about our new Wildlife Protection Ordinance. To date, we have developed, printed and distributed almost 1,000 brochures detailing Avon's ordinance and offering suggestions on living with bears. In addition, the media has been notified of the ordinance and the information will soon be posted on our websites. Discussion: As you are aware, The Colorado Division of Wildlife has mounted an effort aimed at getting local governments to enact laws to prevent human refuse from becoming a staple in the bear diet, thereby reducing the number of bear/human conflicts. The Town of Avon enacted Ordinance No. 04-11 last month to address this concern. The Avon Police Department has responded to over 70 bear calls in 2004. It is hoped that this ordinance, and its accompanying public education, will reduce these encounters over the next several years. The informational brochures were left at the Avon Recreation Center, Avon Post Office, Avon Library and numerous businesses throughout Avon. They were handed to motorists on Wednesday, September 8, 2004, when over 800 were distributed in less than one hour. We have released one news story concerning the issue and will post the information on both the TOA and APD websites. A separate notice for contractors, to be translated into Spanish, has been prepared and will be delivered to the various worksites throughout Avon. Finally, police officers have been assigned to approach multi-housing property managers to discuss the new ordinance and work with them to assure compliance. Town Manager Comments: VON C O L O R A D O NOTICE NEW WILDLIFE ORDINANCE Due to the increased number of wildlife encounters with residents and a continued number of construction projects, the Town has passed regulations and standards regarding the protection of wildlife and providing penalties for violations of these regulations. This is to serve notice that the following section of the Town of Avon Municipal Code was passed and effective on August 10, 2004: 8.32.050 - All construction sites must have a designated container that receives refuse edible by wildlife, or such refuse shall be removed from the site by the end of each day. Such container shall be a wildlife-proof container. A `Wildlife-Proof' refuse container is "any refuse container which has been certified to be wildlife proof by the Colorado Division of Wildlife, the U.S. Park Service or the U.S. Forest Service." Please have someone on your jobsite responsible for removal of any trash that you think would attract bears at the end of each day. Failure to comply with this Ordinance may result in a summons to court and/or fines up to $1000. If you have any questions or you wish to discuss this matter please feel free to call the Community Development Depart- ment at 970.748.4030 or the Avon Police Department at 970.748.4040. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, Community ivelopment Direc '-' Daim September 7, 2004 Re: Community Development Update AVO N C O L O R A D O Community Development will be providing you all with a brief update of several items at your work session, including: • Comprehensive Plan update ¦ Building Community meeting for 2004: September 21St ¦ Colorado APA Vail Conference September 23rd and 24"' Community Development Update to Council September 14, 2004 Work session Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jacqueline Halbumt Date: September 1, 2004 Re: Historical Water Wheel Update Summary: Saturday, September 25 has been set for the clean-up/clearing out for the old water wheel on the Eagle River behind the Canyon Run development on Hurd Lane. Jeannette Hix, a part-time resident of Canyon Run, has taken the lead in the clean-up and attaching a historical dedication to the wheel. Also involved are her husband, Tom, Ron Neville, and Mauri and Nancy Nottingham. Avon has agreed to provide a truck to haul away the debris. Since Avon owns the land and no special permit is required, Norman, Bob and I will meet with the group the week before the clean-up to discuss what can be removed. Norman said it will probably be a case of first removing all the brush to see what we have left and what parts of the building are there. We will also be helping the group with a news release before the event. Regarding the historical dedication, Jeannette submitted a preliminary application and pictures in early August to the Colorado Historical Society. The CHS representative said since the water wheel is in disrepair, and the photos did not reveal enough of the water wheel, they were unable to determine if all the parts to the water wheel are present, and if the water wheel is worthy of a nomination for historical recognition. Therefore, Jeannette is now submitting an application for an archeological grant, which would allow them to hire someone to evaluate the water wheel. After the evaluation, the Historical Society can better determine the possibility of a nomination. The nomination would be for industrial significance. The Colorado Historical Society will be visiting the site October 4, 2004 at 11:00 a.m. They thought they would be able to better deternine the direction of the project after a site visit; therefore, Jeannette will not continue the application process until that time. They also wanted the shrubbery removed before the site visit. Town Manager Comments: A - lieJ To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: September 3, 2004 Re: CIP Funding Request to Eagle County Summary: The attached CIP Project Funding request was presented to the Eagle County Capital Improvements Committee on August 13, 2004. This committee consists primarily of Eagle County Department Heads. They review all capital project requests received by the county and then recommend a prioritized list to the County Manager. Most of the requests reviewed by the committee are from the Eagle County Departments, with only a few requests from outside agencies such as Avon. The County Manager then prepares a recommendation for the capital projects to be included in the 2005 Budget. These recommendations are posted on the Eagle County web site. None of the projects Avon requested are included in the projects currently recommended for funding. Town Manager Comments: 1:AEngineenng\Administraf on\MiscellaneousTagle County CTP\Menxr2Doc TOWN OF AVON PROJECT REQUEST 2005 - 2009 EAGLE COUNTY CAPITAL IMPROVEMENTS COMMITTEE Project: Town of Avon Recreation Center Phase II Project Date: Project Design 2005 Project Construction 2006 Estimated Project Cost: 2005 $ 400,000 2006 5,650,000 Total Estimated Cost $ 6,050,000 Potential Funding Sources: Town of Avon $ 3,025,000 Eagle County 3,025,000 Total Potential Funding $ 6,050,000 Project: Avon Road Pedestrian Bridge Project Date: Project Design 2007 Project Construction 2008 Estimated Project Cost: 2007 $ 50,000 2008 600,000 Total Project Cost $ 650,000 Potential Funding Sources: Town of Avon $ 325,000 Eagle County 325,000 Total Potential Funding $ 650,000 Project: Avon /Confluence Transit Center Project Date: Project Design 2005 Project Construction 2006 Estimated Project Cost: 2005 $ 400,000 2006 4,000,000 Total Project Cost $ 4,400,000 Potential Funding Sources: CDOT/FHWA Grant $ 1,600,000 Town of Avon 200,000 Vail Resorts 1,440,000 Eagle County 1,160,000 Total Potential Funding $ 4,400,000 I:AEngineering\Administration\Miscellaneous\Eagle County CIP\Eagle Co CIP 2005 Rev.Doc 1 Project: US Highway 6 / Stonebridge Drive Roundabout Project Date: Project Design & R/W Acquisition 2006 Project Construction 2007 Estimated Project Cost: 2006 $ 75,000 2007 550,000 Total Project Cost $ 625,000 Potential Funding Sources CDOT $ 275,000 Eagle County 350,000 Total Potential Funding $ 625,000 Project: US Highway 6 / Confluence Roundabout Project Date: 2005 Estimated Project Cost: $ 650,000 Potential Funding Sources: Vail Resorts $ 487,500 Eagle County 162,500 Total Potential Funding $ 650,000 1:AEngincering\.Administration\Miscellaneous\Eagle County CIP\Eagle Co CIP 2005 Rev.Doc 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Patty McKenny= Date: September 2, 2004 Re: New Business License List for Avon Summary: A request has been made to include a list of new businesses in Avon in your packet, so attached are the new businesses since January. Discussion: There are currently 252 businesses registered with the Town of Avon as of August 31, 2004. On average, the Town issues about three licenses per month. Community Development reviews new licenses for zoning compliance and any other related issues, i.e. signage. Copies of new licenses are forwarded to the Police Department & Fire Department in order to track "emergency contact" information. Keep in mind the Ordinance states that "only those businesses having a fixed place within the Town of Avon" are required to be licensed. If you would like, I can forward the new licenses issued on a monthly basis via email to all of you or provide a quarterly report in the packet (since there are so few on a monthly basis). I have also attached a list of the businesses that are no longer in the Town of Avon. Financial Implications: Business Registration with the Town of Avon is $75 annually. This revenue generates about $20,000 annually for the Town of Avon. Town Manager Comments: Attachments: ? New Business License List ? Businesses no longer in Avon Town of Avon, Colorado New Business Licenses for 2004 Name of Business Street Address Type of Business Open Date Home Office Auction It. PH Video Production Your Personal Shopper Mauriello Planning Group Specialty Construction Consultant Structural Design Solutions, Inc. Miller's Bottle Shop, LLC d/b/a Joe's Liquors Highline Ventures, Inc. MCO, Inc. Office Depot Bangl'z of Avon, Inc. Seasonal Landscapes Avon Psychic Barbara Huttner Studios, Inc. Salad Factory The Parent's Handbook to the Vail Valley Vail Valley Printing & Graphics formerly Peregrine Press Countrywide Home Loans, Inc. Darkhorse Design Pinecones Gifts & Interiors Tres Fuentes Vacation Planners Inc. 182 W. Avon Road, Ste, 205 Other / Office January no 10 11 W. Beaver Creek Blvd. Other / video services January yes 2100 Old Trail Rd, Unit B-1 Service January yes 5601 A Wildridge Professional January yes 410 Nottingham Rd, Unit A Service February yes 0150 E. Beaver Creek Blvd. Professional / Eng. February no 1060 W. Beaver Creek Blvd. Retail / Liquor Store February no 0295 Yoder Avenue Rest./Food vendor @ March no Home Depot 140 Metcalf Road Other / Wholesale March no 220 Beaver Creek Place Retail March no 160 W. Beaver Creek Blvd, C-101 Service / Beauty shop May no 910 W. Beaver Creek Blvd., $148 Other / Landscaping May yes 240 Chapel Place, Unit 326 Service May yes 2605 Bear Trap Rd, Unit A Service / Palates classes June yes 240 Chapel Place, BC-113 Restaurant June no 2433 Draw Spur, Unit A-1 Service / Publishing June yes 281 Metcalf Road, #108 Service / Printing July no 30 Benchmark Rd, Ste 209 Service / Mortgage Bankin August no 4571 Flat Point Service / Graphic Design August yes 142 Beaver Creek Place #115 Retail August no 100 W. Beaver Creek, Ste 107 Retail August no 690 Nottigham Rd, #204 Service / Concierge August yes Town of Avon, Colorado Terminated Businesses in 2004 TERMINATED BUSINESS LICENSES Name Date Terminated Lic # Reason 9/2/2004 Custom Wood & Steel, LLC 1/30/04 2002-265 did not renew Vail Limousine 1/30/04 87-9 did not renew Chick Magnets 2/26/04 2002-25 did not renew Alternative Movers 2/26/04 98-199 did not renew Kinetico Water Pros 3/22/04 2-186 not physically located in Avon Timeshare, Inc. 6/21/04 2002-122 terminated per phone call Valuation Consultants 4/2/04 85-27 Moved offices out of avon Mountain Capital Resources 4/16/04 2001-101 no longer in Avon Alpine Eyewear, Inc. 6/21/04 99-242 no longer in Avon A Clear View 6/21/04 2003-172 closed Eagle Valley Training 6/21/04 2003-71 no longer in Avon The Bellflower 6/21/04 2001-247 closed Matco Tools 6/21/04 2002-246 did not renew Resort Development Marketing 6/21/04 2002-258 did not renew Sign-On Design 6/25/04 98-82 relocated to Eagle Vail Colorado Mountain Medical 7/15/04 92-43 relocated to Edwards SJP, LLC 7/15/04 2003-157 relocated to Eagle Vail Valley Trading & Loan 7/15/04 97-239 closed for business OTHER / NEW OWNERSHIP Name Date Transferred Lic # Reason Phillips 66 #57700 3/22/04 2001-6 transferred to Suncorp Energy Sales, Inc. d/b/a Phillips 66 Mountain Man Nut & Fruit 6/21/04 2001-253 issued peddler's license instead Peregrine Press 7/15/04 83-59 sold to Vail Valley Printing remains in Avon The Little Bean 8/18/04 99-126 Sold to Taquerio / Mexican restaurant TOWN OF AVON REGULAR COUNCIL MEETING AGENDA SEPTEMBER 14, 2004 - 5:30 PM MEETING TO BE HELD AT AVON MUNICIPAL BUILDLING, 400 BENCHMARK ROAD, AVON, CO 1. Call to Order / Roll Call 2. Citizen Input 3. Ordinances Second Readings and Public Hearings a. Ordinance No. 04-14, Series of 2004, Second Reading, An Ordinance amending Title 15 of the Avon Municipal Code; Adopting by Reference the 2003 International Building Code, the 2003 International Building Code for One- and Two- Family Dwellings, the 2002 Edition of the National Electrical Code; the 2003 Edition of the International Mechanical Code; and the 2003 International Fire Code; and Providing Penalties for the Violation Hereof (Tambi Katieb) - Adoption of most recent codes published by the International Code Council will replace previously adopted Codes by the International Conference of Building Officials. These codes are considered as new national standard codes & have been adopted by Eagle County and surrounding communities. b. Ordinance No. 04-15, Series of 2004, Second Reading, An Ordinance Approving an Amendment to the Wildridge Planned Unit Development (PUD) for Lots 54, 55, 89, 90, Block 4, Wildridge Subdivision, Town of Avon, Eagle County, Colorado ("Quasi Judicial") / (Tambi Katieb) - Proposal to rezone four lots that are currently zoned for duplex & triplex development to create eight single-family lots 4. Resolutions a. Resolution No. 04-34, Series of 2004, Resolution Establishing a Schedule of Fees for Building, Mechanical, Plumbing and Grading Permits Issued by the Town of Avon (Norm Wood) - Modifications in fees related to the adoption of the new building codes. b. Resolution No. 04-35, Series of 2004, Intergovernmental Agreement with Eagle River Fire Protection District (Norm Wood) - Agreement that maintains the coordination between the Town and the District for the effective administration of the International Fire Code. 5. New Business 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report Avon Council Meeting. 04.09.14 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA SEPTEMBER 14, 2004 - 5:30 PM Page 2 11. Consent Agenda a. Approval of the August 24, 2004 Regular Council Meeting Minutes b. Comprehensive Plan Revised Meeting Schedule & Project Timeline (iambi Katieb) - Revision of meeting schedule with RNL consultants in order to properly prepare Avon's Comprehensive Plan c. 2004 Street Repair and Improvements - Change Order #2 (Norm Wood) - Increase to contract due to final field quantities associated with construction d. Resolution No. 04-36, Approving the Final Plat, A Resubdivision of Lot 87, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (2431 Old Trail Road) (Norm Wood) 12. Adjournment Avon Council Meeting. 04.09.14 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Tambi Katieb, Director of Community Development Date: September 3, 2004 Re: Ordinance No. 0414, Series of 2004, An Ordinance Amending Title 15 of the Avon Municipal Code; Adopting by Reference the 2003 International Building Code; the 2003 International Building Code for One and Two Family Dwellings; the 2002 Edition of the National Electrical Code; the 2003 Edition of the International Mechanical Code; and the 2003 International Fire Code; and Providing Penalties for the Violation Thereof- Second Reading (Public Hearing) Summary: Attached Ordinance No. 04-14, Series of 2004 adopts the 2003 International Building Code, 2003 International Residential Code for One and Two Family Dwellings, 2002 Edition of the National Electrical Code, 2003 International Mechanical Code and the 2003 International Fire Code. These codes published by the International Code Council will replace previously adopted codes published by the International Conference of Building Officials. These codes are considered as new national standard codes and have been adopted by Eagle County and other towns in the area. We held a public meeting with special notice going to the building design and construction professionals in the area and only positive feedback was received with respect to the proposed codes. The modifications to the referenced codes generally follow modifications to the previously adopted codes. Deviations from the previously adopted code modifications include: Building, Residential, Electrical and Mechanical Codes 1. The Permit Fee structure has been modified to correspond with the new Codes and to basically match the Eagle County Fee Structure. a. A Resolution establishing the actual permit fees is included for consideration and approval as separate agenda item. C:\Documents And Settings\NwoodWy DocumentsUemp\Bidg. Codes\Memo-3.Doc 2. The minimum insurance requirements for a contractors license will be increased from $150,000 per person, $600,000 per accident and $50,000 property damage to $1,000,000 per occurrence and $2,000,000 general aggregate. 3. Provisions related to Certificate of Occupancy have been modified to clarify duplicate and conflicting provisions in the current code. 4. Previous fire related amendments to the Building Code have been deleted from the modifications. These provisions will be dealt with through the Fire Code. 5. Provisions related to elevator permits and inspections have been modified to clarify provisions for the administration of elevator permits and inspections by NWCCOG. 6. Modifications to the National Electrical Code clarify the electrical permits and inspections will be administered and performed through the office of the Colorado State Electrical Inspector. 7. Modifications have been made to clarify the commencement of construction (approval of final footing inspection) for the purpose of establishing an active building permit. 8. Modifications are included to clarify decisions and actions of the Building Official that may be appealed to the Town Council when acting as the Building Board of Appeals. The 2003 International Fire Code 9. Provisions are included in the Fire Code adoption to clarify that the Eagle River Fire Protection District will be responsible for permit administration, plan review and inspections of fire alarm and sprinkler systems. 10. The Fire Code is modified to designate the Building Official as the Fire Code Official responsible for the issuance of operational permits for fire alarm and sprinkler systems. 11. The Fire Code is modified to designate the Eagle River Fire Protection District Board of Directors plus a representative from the Town, as appointed by the Town Council, as the Board of Appeals related to Fire Code issues. The Fire Code Official (Building Official) is an ex-officio member of the Board. Implementation of the 2003 International Fire Code will require an Intergovernmental Agreement between the Town of Avon and the Eagle River Fire Protection District. A Resolution approving this Agreement is included for consideration and approval as a separate agenda item. Applicants will have the option of complying with current codes or the new codes from the effective date of this Ordinance through December 31, 2004. Beginning January 1, 2005 all permits will be issued under the new codes. We believe this provides adequate time for projects that may be under design based on the current codes. We recommend approval of Ordinance No. 04-14 on Second Reading. • Page 2 I- Recommendation: Approve Ordinance No. 04-14, Series of 2004, An Ordinance Amending Title 15 of the Avon Municipal Code; Adopting by Reference the 2003 International Building Code; the 2003 International Building Code for One and Two Family Dwellings; the 2002 Edition of the National Electrical Code; the 2003 Edition of the International Mechanical Code; and the 2003 International Fire Code; and Providing Penalties for the Violation Thereof, on Second Reading. Proposed Motion: I move to adopt on Second Reading, Ordinance No. 04-14, Series of 2004, An Ordinance Amending Title 15 of the Avon Municipal Code; Adopting by Reference the 2003 International Building Code; the 2003 International Building Code for One and Two Family Dwellings; the 2002 Edition of the National Electrical Code; the 2003 Edition of the International Mechanical Code; and the 2003 International Fire Code; and Providing Penalties for the Violation Thereof. Town Manager Comments: • Page 3 ORDINANCE NO. 04-14 SERIES 2004 AN ORDINANCE AMENDING TITLE 15 OF THE AVON MUNICIPAL CODE; ADOPTING BY REFERENCE THE 2003 INTERNATIONAL BUILDING CODE, THE 2003 INTERNATIONAL BUILDING CODE FOR ONE- AND TWO- FAMILY DWELLINGS, THE 2002 EDITION OF THE NATIONAL ELECTRICAL CODE; THE 2003 EDITION OF THE INTERNATIONAL MECHANICAL CODE; AND THE 2003 INTERNATIONAL FIRE CODE; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as follows: Section 1. Amendment. Chapter 15.08, Title 15, Avon Municipal Code, IS repealed and reenacted to provide as follows: 15.08.010 Adoption. The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2003 International Building Code, excluding Chapter 27 Electrical and Chapter 29 Plumbing Systems and including Appendix C Group U - Agricultural Buildings, Appendix E Supplementary Accessibility Requirements, Appendix J Grading and the generic fire-resistive assemblies listed in the Fire Resistance Design Manual published by the Gypsum Association as referenced in the specified International Building Code. The 2003 International Building Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. Three copies of the 2003 International Building Code is on file in the office of the town clerk and is available for inspection during regular business hours. 15.08.020 Additions or Modifications The 2003 International Building Code is amended and changed as described in Sections 15.08.030 through 15.08.160. 15.08.030 Section 104 Duties and Powers of Building Official. Section 104.1 General. Is amended to read as follows: 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose pf this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. Section 104.6 Right of Entry. Is amended to read as follows: 104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal code, which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 15.08.240 Section 105 Permits. A. Section 105.1 Required. Is amended by adding: No building or mechanical permits will be issued for the installation of a wood burning device unless the device is in conformance with the Town of Avon Land Use Regulations regarding wood burning devices. B. Delete Section 105.1.1 Annual permit. C. Delete Section 105.1.2 Annual permit records D. Section 105.5 is amended to read as: 105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is not commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one extension of time, for a period 180 days. The extension shall be requested in writing prior to the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount required for a new permit for such work. Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as 10 suspended or abandoned if no subsequent inspections have been approved within a 180 day period. No permit shall be extended more than once. 15.08.040 Section 106.2 Site plan Section 106.2 Site plan. Is amended to read as follows: 106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by F.E.M.A., is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three- eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights-of-way of record or known. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted. 15.08.050 Section 108 Fees. Section 108.2 Schedule of permit fees is amended to read as: 108.2 Schedule of permit fees. On buildings, structures, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. Delete Section 108.6 Refunds Add Section 108.6 Contractor Licensing as follows: 108.6 Contractor Licensing. All contractors, except Electrical Contractors who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Class I - General Contractor $125 Class II - Other Contractors $ 35 Class III - Municipal Contractors $ 75 Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner- builders, shall provide current certificate of insurance for statutory workers compensation and commercial general liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner-builder is one that will personally perform at least 50% of all labor involved in the construction of a single-family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner- builder and shall be personally occupied by said owner-builder for a minimum of one year from the date the Certificate of Occupancy is issued. 15.08.060 Section 109 Inspections Section 109 is amended as follows: A. Section 109.2 Preliminary Inspection. Is amended by the addition of. 109.2.1 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign-offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or update the card. 109.2.2 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, set back lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractors name shall be installed on the site and properly placed to be seen and read from the street, prior to this inspection being approved. 109.2.3 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building. 9 B. Section 109.3.1 Footing and foundation inspection. Is amended by addition of: The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. 109.3.1.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the survey is presented and approved by the Town. 109.3.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height, or within 18 inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town. C. Section 109.7 is added as follows: 109.7 Clean Up During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the building official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors. 15.08.070 Section 110--Certificate of occupancy. Section 110 is amended by the following additions: A. Section 110.2.1--Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. B. Section 110.3.2--Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping and general construction deposit ("deposit") is designed to provide security for all conditions contained in the temporary certificate of occupancy ("TCO"). The deposit shall be paid in cash and shall be paid to the town of Avon. In lieu of cash, and upon a showing to the town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is not completed within three months of the date the TCO is issued, the town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to-be collected in the same manner as delinquent ad valorem taxes levied against such property. C. Section 110.3.3--Conditions of a Temporary Certificate of Occupancy. 1. A temporary certificate of occupancy ("TCO") shall be valid for three months. The building official may grant one TCO extension for up to three months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for commercial or multi-family (A, B, E, F, H, I, M, S and R-1) occupancies: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical smoke detectors, fire alarms and sprinklers. C. Two operative bathrooms on each floor being occupied in other than R occupancies. r7 d. Entrance and other work within the public right-of-way must be approved. e. All required parking paved and marked. f. All utility tap fees paid. g. Positive drainage away from the building in all directions at two percent for a minimum of five feet. h. Where the required cleanup, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section 15.08.070B. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. D. Section 110.5 Occupancy violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. 15.08.080 Section 112 Board of Appeals. Section 112 is repealed and reenacted to provide as follows: 112.1 - Appeals to Town Council. A person shall have a right to appeal a decision of the building official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the building official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the building official. The building official shall take immediate action in accordance with the decision of the board. 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this code. 112.3 - Limitation of Liability. Any member of the Town Council, acting in good faith and without malice for the Town of Avon in the discharge of their duties, shall not thereby render themselves personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties, shall be defended by the Town of Avon until final termination of the proceedings. 15.08.090 Stop Work Order Section 114.1 Authority. Is amended as follows: 114.1 Authority. Whenever the building official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the building official is authorized to issue a stop work order. 15.08.100 Section 501.2 Premises identification. Section 501.2 Premises Identification is amended as follows: Section 501.2--Premises Identification. Approved numbers or addresses shall be provided for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Whenever approved numbers or addresses are not plainly visible and legible from the street or roadway fronting the property due to distance, topography, or vegetation, an approved sign or post with such numbers or addresses shall be installed at the street or road at a point giving access to the building or structure. All such letters or numbers shall be of a contrasting color to the background. 15.08.110 Section 1204 Temperature Control Section 1204 Is amended as follows: Section 1204.1 Equipment and Systems. Interior spaces intended for human occupancy shall be provided with active or passive space heating systems capable of maintaining a minimum indoor temperature of 70 degrees Fahrenheit at a point 3 feet above the floor on the design heating day. Outside design temperature shall be not more than minus 20 degrees Fahrenheit. Minimum insulation requirements for Group R, Divisions 1 and 3 Occupancies shall be as follows: R-19 for exterior wall and floors; R-30 for ceilings/roofs exposed to the exterior. Insulation installed at required locations shall have a minimum 4-mil vapor barrier or equivalent on the inside of all exterior walls. Heat loss calculations shall be required for all buildings. 0, Exception: Interior spaces where the primary purpose is not associated with human comfort. 15.08.120 Section 1608.2-Ground Snow loads. Section 1608.2 is amended as follows: Section 1608.2-Ground snow loads. Snow load shall be determined by the altitude of the property being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75 pound per square foot snow load. 15.08.130 Section 1704--Special Inspections is amended by adding the following: A. Section 1704.6.1 Log Frame Construction - Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection. B. Section 1704.15 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency. 15.08.140 Section 1805.2-Depth of footings. The first sentence is amended to read as: Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer. 15.08.150 Chapter 30-Elevators and Conveying Systems Section 3001.5 is amended: Section 3001.5--Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970- 468-0295 (Ext. 108.) 15.08.160 Appendix J Grading, ,X-, A. Section J103.2 Exemptions. is amended by deletion of Exemption Numbers 1, 4 and 6. B. Section J104.1 Submittal requirements. is amended by the addition of the following: Grading in excess of 5,000 cubic yards shall be performed in accordance with the approved grading plan prepared by a licensed professional engineer, and shall be designated as "Engineered grading" or as otherwise determined or approved by the Building Official. 15.08.300 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2003 International Building Code named in the title of this chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this chapter. 15.08.310 Penalty. Any person, firm or corporation violating any of the provisions of this chapter or of the provisions of the 2003 International Building Code named in the title of this chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars or imprisonment for one year, or by both such fine and imprisonment. 15.08.320 Repeal. The repeal or the repeal and reenactment of any provision of the code of the town as provided in this chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this chapter. 15.08.330 Validity. \11? If any section, subsection, sentence, clause, or phrase of the 2003 International Building Code named in the title of this chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this chapter. The town declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 2. Amendment. Title 15, Avon Municipal Code, is amended by the addition of a Chapter 15.09 to provide as follows: 15.09.010 Adoption. The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2003 International Residential Code for One- and Two-Family Dwellings, excluding Chapters 25, 26, 27, 28, 29, 30, 31 and 32 and including Appendix G. The 2003 International Residential Code for One- and Two-Family Dwellings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. Three copies of the 2003 International Residential Code for One- and Two-Family Dwellings is on file in the office of the town clerk and is available for inspection during regular business hours. 15.09.020 Additions or Modifications The 2003 International Residential Code for One- and Two-Family Dwellings is amended and changed as described in Sections 15.09.030 through 15.09.140. 15.09.030 Section R104 Duties and Powers of Building Official. Section R104.1 General. Is amended to read as follows: R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose pf this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. Section R104.6 Right of Entry. Is amended to read as follows: R104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or .G, where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal code, which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 15.09.040 Section R105 Permits. A. Section R105.1 Required. Is amended by adding: No building or mechanical permits will be issued for the installation of a wood burning device unless the device is in conformance with the Town of Avon Land Use Regulations regarding wood burning devices. B. Section R105.5 is amended to read as: R105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is not commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one extension of time, for a period 180 days. The extension shall be requested in writing prior to the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount required for a new permit for such work. Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as suspended or abandoned if no subsequent inspections have been approved within a 180 day period. No permit shall be extended more than once. 15.09.050 Section R106.2 Site plan Section R106.2 Site plan. Is amended to read as follows: R106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain 0 area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by F.E.M.A., is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three- eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights-of-way of record or known. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted. 15.09.060 Section R108 Fees. A. Section R108.2 Schedule of permit fees is amended to read as: R108.2 Schedule of permit fees. On buildings, structures, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. B. R108.4 Related fees. Is amended by the addition of: R108.4.1-- Elevators and Conveying Systems Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970-468-0295 (Ext. 108.) C. Delete Section R108.5 Refunds D. Add Section R108.6 Contractor licensing as follows: R108.6 Contractor Licensing. All contractors, except Electrical Contractors who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Class I - General Contractor $125 Class 11 - Other Contractors $ 35 Class III - Municipal Contractors $ 75 Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner- builders, shall provide current certificate of insurance for statutory workers compensation, and general commercial liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner-builder is one that will personally perform at least 50% of all labor involved in the construction of a single-family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner- builder and shall be personally occupied by said owner-builder for a minimum of one year from the date the Certificate of Occupancy is issued. 15.09.070 Section R109 Inspections Section R109 is amended as follows: A. Section R109.1.1 Foundation inspection. Is amended by addition of: The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. R109.1.1.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the survey is presented and approved by the Town. R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado licensed professional land surveyor shall be submitted for all buildings that have been designed to within IS inches of allowable building height, or within 1S inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town. .Q B. Section R109.1.5 Other Inspections. Is amended by the addition of. R109.1.5.2 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign-offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or update the card. R109.1.5 3 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, set back lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractors name shall be installed on the site and properly placed to be seen and read from the street, prior to this inspection being approved. R109.1.5.4 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building. R109.1.5.5 Log Frame Construction - Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection. R109.1.5.6 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency. C. Section R109.5 is added as follows: R109.5 Clean Up During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the building official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors. CA 15.09.080 Section RI I0--Certificate of occupancy. Section R110 is amended by the following additions: A. Section RI10.3.1--Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. B. Section RI10.4.1--Conditions of a Temporary Certificate of Occupancy. 1. A temporary certificate of occupancy ("TCO") shall be valid for three months. The building official may grant one TCO extension for up to three months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for one and two family dwellings: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical. C. One bathroom operative as per the approved plans. d. Entrance and other work within the public right-of-way must be approved. e. Positive drainage away from the buildings in all directions at two percent for a minimum of five feet. f. Sufficient roadway access for emergency vehicles and minimum parking requirements must be met. g. All utility tap fees paid. h. Where the required cleanup, paving, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section 15.08.070B. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. C. Section RI 10.4.2-Cleanup, Landscaping and General Construction Deposit. A cleanup, landscaping and general construction deposit ("deposit") is designed to provide security for all conditions contained in the temporary certificate of occupancy ("TCO"). The deposit shall be paid in cash and shall be paid to the town of Avon. In lieu of cash, and upon a showing to the town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the town's request. The „n amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is not completed within three months of the date the TCO is issued, the town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. D. Section R110.6 Occupancy violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. 15.09.090 Section R112 Board of Appeals. Section R112 is repealed and reenacted to provide as follows: RI 12.1 - Appeals to Town Council. A person shall have a right to appeal a decision of the building official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the building official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the building official. The building official shall take immediate action in accordance with the decision of the board. R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this code. R112.3 - Limitation of Liability. Any member of the Town Council, acting in good faith and without malice for the Town of Avon in the discharge of their duties, shall not thereby render themselves personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties, shall be defended by the Town of Avon until final termination of the proceedings 15.09.100 Stop Work Order Section R114.1 Authority. Is amended as follows: R114.1 Notice to Owner. Whenever the building official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the building official is authorized to issue a stop work order. Upon notice from the building official that any work is being prosecuted contrary to the provisions of this code such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume. 15.09.110 Table R301.2(1) Climatic and Geographic design Criteria Table R301.2(1) Climatic and Geographic Design Criteria is amended by the insertion of the following criteria: a) Ground snow loads: Snow load shall be determined by the altitude of the property being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75 pound per square foot snow load. b) Wind speed: 90 miles per hour c) Seismic Design Category: C d) Weathering: Severe e) Frost Line Depth: 48 inches f) Termite: Slight to Moderate g) Decay: None to Slight h) Winter Design Temperature: -20 Degrees Fahrenheit i) Flood Hazards: Undetermined 15.09.120 Section R321.1 Premises identification. Section R321.1 Premises Identification is amended as follows: Section R321.1--Premises Identification. Approved numbers or addresses shall be provided for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Whenever approved numbers or addresses are not plainly visible and legible from the street or roadway fronting the property due to distance, topography, or vegetation, an approved sign or post with such numbers or addresses shall be installed at the street or road at a point giving access to the building or structure. All such letters or numbers shall be of a contrasting color to the background. 15.09.140 Section R403.1.4 Minimum depth. The first sentence is amended to read as: Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer. 15.09.300 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2003 International Building Code named in the title of this chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this chapter. 15.09.310 Penalty. Any person, firm or corporation violating any of the provisions of this chapter or of the provisions of the 2003 International Building Code named in the title of this chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars or imprisonment for one year, or by both such fine and imprisonment. 15.09.320 Repeal. The repeal or the repeal and reenactment of any provision of the code of the town as provided in this chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue - 1_1 of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this chapter. 15.09.330 Validity. If any section, subsection, sentence, clause, or phrase of the 2003 International Building Code named in the title of this chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this chapter. The town declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 3. Amendment. Chapter 15.12, Title 15, Avon Municipal Code, is repealed and reenacted to provide as follows: 15.12.010 Adoption. The Charter of the Town, Section 6.9, provides that standard codes may be adopted by reference, with amendments. The Town adopts the 2002 Edition of the National Electrical Code. The National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. A copy of the 2002 Edition of the National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.12.020 Administration - Fees. Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan St., Ste. 550, Denver, CO 80203-1941 (Telephone 303-894-2300). 15.12.060 Violations. The following clause concerning violations is set forth in full and adopted with reference to the 2002 Edition of the National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter." 15.12.070 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter, or of the 2002 Edition of the National Electrical Code named in the title of this Chapter, shall be deemed guilty of a misdemeanor, and such person, firm or corporation shall be deemed 'A guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be guilty of a misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) or ninety (90) days in jail or both. 15.12.080 Validity. If any section, subsection, sentence, clause or phrase of the 2002 Edition of the National Electrical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. 15.12.090 Repeal. The repeal or the repeal and reenactment of any provision of this Code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. Section 4. Amendment. Chapter 15.24, Title 15, Avon Municipal Code, is repealed and reenacted to provide as follows: 15.24.010 Adoption. The Charter of the Town, Section 6.9, provides that standard codes may be adopted by reference, with amendments. The Town adopts the 2003 Edition of the International Mechanical Code. The 2003 Edition of the International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmore Road, Country Club Hills, IL 60478-5795. A copy of the 2003 Edition of the International Mechanical Code is on file in the Town Clerk's office, and is available for inspection during regular office hours. 15.24.020 Additions or modifications. The 2003 Edition of the International Mechanical Code is amended and changed in Sections 15.24.030 through 15.24.060 of this Chapter. 15.24.030 Section 106.5.2 Fee schedule. Section 106.5.2 is repealed and reenacted as follows: "Section 106.5.2 - Fee Schedule. The fee for each permit shall be as set forth in The Town of Avon Fee Schedule A (as adopted by resolution of the Town Council)." 'I") 15.24.040 Section 109 - Means of Appeal Section 109 is repealed and reenacted as follows: 109.1 - Appeals to Town Council. A person shall have a right to appeal a decision of the building official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the building official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the building official. The building official shall take immediate action in accordance with the decision of the board. 109.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this code. 109.3 - Limitation of Liability. Any member of the Town Council, acting in good faith and without malice for the Town of Avon in the discharge of their duties, shall not thereby render themselves personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties, shall be defended by the Town of Avon until final termination of the proceedings 15.24.050 Section 701 - combustion air - general. Section 701 is amended by adding a new Section 701.6 as follows: "Section 701.6 - Type of Construction. All buildings in the Town of Avon shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building." 15.24.060 Section 902 - Masonry fireplaces. Section 902 is amended by the addition of. (1) Section 902.2 - Purpose and Applicability. These regulations are enacted for the purpose of promoting the health and general welfare of the residents and visitors of the Town of Avon. These regulations are also enacted for „ Ve the following more specific purposes: to protect air quality, and to promote heat sources that are efficient and provide a reduced polluting effect. (2) Section 902.3 - Definitions. L Certified solid-fuel-device means a solid-fuel-burning device, which is certified by the Air Pollution Control Division of the Colorado Department of Health to meet the emissions standards set forth in Section IV of Regulation No. 4 of Volume I of the Colorado Air Quality Control Commission. 2. Gas appliance means a folly self-contained U.L. and A.G.A. fireplace unit, which does not require venting through a chimney, which has no damper and which does not permit the use of solid fuel. 3. Gas-log fireplace means a gas appliance equipped with an A.G.A. and U.L. listed artificial log unit, which is approved for the burning of natural gas, has no damper and vents through an approved vent. Exception: Building Official may approve gas-log fireplace equipped with interlocked damper and gas valve. 4. Solid-fuel-burning device means any fireplace, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. 5. Wood-burning fireplace means an open hearth or fire chamber or similar pre- pared place in which a fire may be made and which is built in conjunction with a chim- ney." (3) Section 902.4 - Regulations Below the Elevation of Seven Thousand Eight Hundred Twenty Feet. Below the elevation of seven thousand eight hundred twenty feet, no new wood-burning or solid-fuel-burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. No mobile or modular home shall be moved into place in the Town and connected to utility service that has installed with such mobile or modular home a solid-fuel-burning device. Below such elevation, certified solid-fuel-burning devices, gas appliances and gas-log fireplaces shall be permitted. Below such elevation there shall also be permitted one wood-burning fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand dollars ($3000) is paid at the time of application for a building permit. (4) Section 902.5 - Regulations above Elevation of Seven Thousand Eight Hundred Twenty Feet. Above the elevation of seven thousand eight hundred twenty feet, one wood-burning fireplace shall be permitted in each new dwelling unit constructed, provided a fee in the amount of one thousand five hundred dollars ($1500) is paid at the time of application for a building permit; provided no new wood-burning or other fuel-burning fireplaces or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Above such elevation, certified solid-fuel-burning devices, gas appliances and gas-log fireplaces shall be permitted. (5) Section 902.6 - Gas Appliances. All gas fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. (6) Section 902.7 - Coal Usage Prohibited. 11?\ The burning of coal within the Town is prohibited. 15.24.110 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2003 Edition of the International Mechanical Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter. 15.24.120 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2003 Edition of the International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. 15.24.130 Repeal. The repeal or the repeal and reenactment of any provision of the Code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.24.140 Validity. If any section, subsection, sentence, clause or phrase of the 2003 Edition of the International Mechanical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsec- tions, sentences, clauses and phrases be declared unconstitutional. Section 5. Amendment Chapter 15.32, Title 15, Avon Municipal Code, is repealed and reenacted to provide as follows: 15.32.010 Adoption. Pursuant to Section 6.9 of the Charter of the Town, there is adopted, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, IQ hazardous materials or explosion, the certain standards known as the 2003 International Fire Code, including Appendix E Hazardous Categories and Appendix F Hazard Ranking, save and except such portions as are hereinafter deleted, modified or amended by this Chapter. The 2003 International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. A copy of the 2003 International Fire Code is on file in the office of the town clerk and is available for inspection during regular business hours. 15.32.020 Additions or modifications. The 2003 International Fire Code is amended and changed in Sections 15.32.020 through 15.32.140. 15.32.030 Section 104.6 Official records. Section 104.6 is amended by the deletion of 104.6.2 Inspections, 104.6.3 Fire Records and 104.6.4 Administrative. 15.32.040 Section 104.11- Authority at fires and other emergencies. Section 104.11 is amended by adding the following: Fire alarm panel troubles signals, maintenance signals, testing signals or as approved in writing by the Fire Chief shall not be construed as an emergency fire condition. 15.32.050 Section 104.11.3 - Systems and devices. Section 104.11.3 is amended by adding the following: Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the fire Chief shall not be construed as an emergency fire condition. 15.32.060 Section 105.1.1 -Permits Required. Section 105. 1.1 is amended to be: Section 105.1.1 Permits Required. Permits and inspections required by this code will be administered by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire department or the fire code official. (For permit applications and inspections contact the Eagle River Fire Protection District at 351 Benchmark Road, Post Office Box 7980, Avon, Colorado, 81620. (Phone 970-748-9665) -A 15.32.070 Section 105.6 Required operational permits. Section 105.6 is amended as follows: A. Section 105.6 Required operational permits. The fire code official or authorized designee is authorized to issue operational permits or the operations set forth in Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44. B. Delete all Sections except Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44. 15.32.080 Section 105.7 Required construction permits. Section 105.7 is amended as follows: Delete all Sections except Sections 105.7.1, 105.7.3 and 105.7.11 15.32.090 Section 108 Board of Appeals Section 108 is amended to read as follows: 108.1- Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official or designated representatives, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the governing board of the Eagle River Fire Protection District plus a representative from the Town of Avon as appointed by Avon Town Council. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. 108.2 - Procedure for appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the fire code official or designated representative. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do no fully apply, or an equivalent method of protection or safety is proposed. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the fire code official. The fire code official shall take immediate action in accordance with the decision of the board. 108.3 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. 15.32.100 Section 202 - General Definitions A. False Alarm is amended to read: False Alarm. The deliberate reporting of an alarm for which no such fire or emergency actually exists. B. Fire Code Official is amended to be as follows: Fire Code Official. The Town of Avon Building Official or a duly authorized representative charged with the administration and enforcement of the code. C. Fire Department is added as follows: Fire Department. The Eagle River Fire Protection District is designated fire department in the Town of Avon. 15.32.110 Section 308.3.1 Open-flame cooking devices. Section 308.3.1 is amended by the addition of Exception 3: 3. Propane cooking devices. 15.32.120 Section 603.8.2 Spark arrestor. Section 603.8.2 is amended by the addition o£ Chimneys used with fireplaces or heating appliances in which solid fuel is used shall be maintained with and effective means of arresting spark. 15.32.130 Section 905.1 Standpipe Systems - General Section 905.1 General is amended by revising the third sentence to read as: The outside fire department connections shall be approved by the Fire Chief 15.32.140 Section 907 Fire Alarm and Detection Systems. Section 907 Fire Alarm and Detection Systems is amended as follows: 907.2.1 Group A - delete exception 907.2.2 Group B - delete exception 907.2.4 Group F - delete exception 907.2.7 Group M - delete exception 15.32.250 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2003 International Fire Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town of Avon or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter." 15.32.260 Penalty. Any person, firm or corporation violating any of the provisions of the 2003 International Fire Code named in the title of this Chapter shall be deemed guilty of a misdemeanor, and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. 15.32.270 Validity. If any section, subsection, sentence, clause or phrase of the 2003 International Fire Code named in the title of this Chapter, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 6. Penalties It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. Section 7. Effective Date This ordinance shall be effective seven days following posting after final passage and shall apply to all building permits issued after December 31, 2004, and, at the option of the holder of the building permit, to any building permit issued on or before December 31, 2004, but after the effective date of this ordinance. 1 INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 24th day of August, 2004 and a public hearing shall be held on this Ordinance on the day of September, 2004 at 5:30 p.m. in the Council Chambers of the Avon Municipal Building, Avon, Colorado. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED POSTED Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ih LlJ1.i1_ll•J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, AICP - Community Developm Date September 9, 2004 Re: Second Reading of Ordinance No. 04-15 approving amendment for lots 54, 55, 89 and 90, Block 4, Wildridge PUD (known as the "Western Sage PUD") - PUBLIC HEARING Summary: Jay Peterson is proposing an amendment to the Wildridge PUD for the four residential properties listed above, all of which are located in Block 4 of the Wildridge subdivision. The application is being reviewed in conjunction with a preliminary subdivision application and subdivision variance application in order to create the private access drive as proposed. Final action on the PUD plan should be in conjunction with these associated applications at second reading, after holding a public hearing. Unfortunately, the applicant was late in submitting revised plans and supplemental information as required for the Preliminary Subdivision and PUD as required by the Avon Municipal Code. Therefore, we are requesting a tabling of the second reading to your next regularly scheduled meeting so we can hear both application at the same time. Recommendation: Staff recommends you open the public hearing for second reading since the application was noticed for this agenda, and table/continue this application until your next hearing on September 28, 2004. Town Manager Comments: Exhibits: A. Town Council Ordinance 04-15 Second Reading of Ordinance 04-15 (PUBLIC HEARING) September 14, 2004 TOWN OF AVON, COLORADO ORDINANCE NO. 04-15 SERIES OF 2004 AN ORDINANCE APPROVING AN AMENDMENT TO THE WILDRIDGE PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 54, 55, 89 and 90, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, the Owner Jay K. Peterson, has applied for approval of a Planned Unit Development ("PUD") Amendment to the Wildridge PUD for Lots 54, 55, 89 and 90, Block 4, Wildridge Subdivision (otherwise titled the "Western Sage PUD"); and WHEREAS, the application proposes to amend the Wildridge PUD to rezone Lots 54, 55, 89 and 90, Block 4 from duplex and triplex zoning to eight (8) single-family lots (Lots 1, 2, 3, 4, 5, 6 and 7) as more specifically described in the application dated July 19, 2004; and WHEREAS, the proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on August 17, 2004, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed PUD Development Plan; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendation for approval on the PUD application to the Town Council of the Town of Avon through Resolution 04-22; and WHEREAS, after notices provided by law, this Council held a public hearing on the 14?= day of 64?ux' , 2004, at which time the public was given an opportunity to express their opinions regarding the proposed PUD Development Plan; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the PUD Plan is consistent with the goals and objectives of the Town's Comprehensive Plan, and is compatible with surrounding neighborhood and the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Western Sage PUD Amendment to the Wildridge PUD to rezone Lots 54, 55, 89 and 90, Block 4 from duplex and triplex zoning to eight (8) single-family lots (Lots 1, 2, 3, 4, 5, 6 and 7) as more specifically described in the application dated July 19, 2004 is hereby approved, subject to concurrent approval of corresponding subdivision and associated technical corrections as follows: The Development Standards on the PUD Plan will be revised to include the following: a. Building Envelopes, featuring a minimum front yard setback on Lots 1-5 of 10 feet, and a minimum front yard setback on Lots 6-8 of 15 feet. Building envelopes will be specifically defined to contain all required site disturbances. b. Design Guidelines for this PUD shall be placed on the PUD plan. 2. The PUD site plan shall be revised to add the following: a. The non-developable area restriction from the Wildridge PUD plan shall be copied to the PUD plan. Ordinance. No. 04-15 WR PUD AmendWesterSage Page 2 of 3 3. Approval of this PUD is contingent upon concurrent approval of the corresponding subdivision Preliminary Plan. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this aye day of aL` , 2004, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the N-0-^ day of, 2004, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. g?> G f A .% ATTEST: Town Town of Avon, Colorado Town Council U I I&AL, Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED the day of , 2004. Town of Avon, Colorado, Town Council Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Ordinance. No. 04-15 WR PUD AmendWesterSage Page 3 of 3 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Lam/ Date: September 3, 2004 Re: Resolution No. 04-34, Series of 2004, a Resolution Establishing a Schedule of Fees for Building, Mechanical, Plumbing and Grading Permits Issued by the Town of Avon. Summary: Attached Resolution No. 04-34 establishes a Fee Schedule for Building, Mechanical, Plumbing and Grading Permits issued by the Town. It also includes Fees for Plan Reviews associated with the corresponding Permits. Our current Fee Schedule must be modified to correspond with the new building and related codes. The current schedule was based upon building costs published in Building Standards Magazine. This is no longer applicable with the change from the Uniform Building Codes to the International Building Codes. The proposed Fee Schedule is generally consistent with the Eagle County Fee Schedule and represents approximately a ten percent increase over the current schedule that was adopted with the 1997 Uniform Building Code in 1999. We recommend approval of Resolution No. 04-34, Series of 2004, Establishing a Schedule of Fees for Building, Mechanical, Plumbing and Grading Permits and associated plan reviews in conjunction with the adoption of the International Building Code and other related Codes. Recommendation: We recommend approval of Resolution No. 0434, Series of 2004, a Resolution Establishing a Schedule of Fees for Building, Mechanical, Plumbing and Grading Permits Issued by the Town of Avon, Eagle County, Colorado. Proposed Motion: I move to approve Resolution No. 04-34, Series of 2004, a Resolution Establishing a Schedule of Fees for Building, Mechanical, Plumbing and Grading Permits Issued by the Town of Avon, Eagle County, Colorado. Town Manager Comments: C:JDocunlents And SettingsWwoodAMy DocumentsJempUdg. Codes\Menw Fee Res 04-34.Doc TOWN OF AVON RESOLUTION NO. 04-34 SERIES OF 2004 A RESOLUTION ESTABLISHING A SCHEDULE OF FEES FOR BUILDING, MECHANICAL, PLUMBING AND GRADING PERMITS ISSUED BY THE TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Town Council has enacted ordinances establishing standards relating to the issuance of permits for building, mechanical, plumbing and grading work in the Town of Avon; and WHEREAS, the Town Council wishes to establish A Fee Schedule for such permits. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town Council hereby adopts the following Fee Schedule for issuance of building, mechanical, plumbing and grading permits. Section 2. FEE SCHEDULE 1. Plan Review Fees: The plan review fee for building, commercial plumbing and commercial mechanical permits shall be 65% of the permit fee associated with the work. 2. Building Permit Fees: TABLE 1-A - BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500 $26.00 $501 to $2,000 $26.00 for the first $500 plus $3.40 for each additional $100, or fraction thereof, to and includin $2,000 $2,001 to $25,000 $77.00 for the first $2,000 plus $15.50 for each additional $1,000, or fraction thereof, to and including $25,000 $25,001 to $50,000 $433.50 for the first $25,000 plus $11.15 for each additional $1,000, or fraction thereof, to and including $50,000 $50,001 to $100,000 $712.25 for the first $50,000 plus $7.75 for each additional $1,000, or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,099.75 for the first $100,000 plus $6.20 for each additional $1,000, or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,579.75 for the first $500,000 plus $5.25 for each additional $1,000, or fraction thereof, to and including $1,000,000 $1,000,001 and up $6204.75 for the first $1,000,000 plus $4.05 for each additional $1,000, or fraction thereof C:ADocuments and Settings\nwoodWy Documents\Temp\Bidg. CodesTermrt Fee Res.doc 3. Mechanical Permit Fees: (a) New Work. As part of a new building, the mechanical permit fees shall be fifteen percent (15%) of the building permit fee, and shall be collected with the building permit fee. The actual permit will not be issued until the owner or responsible parry representing the mechanical contractor has signed the applicable permit and it is on file at the Town of Avon Community Development Department. (b) Other Work. For other work, the fee shall be based upon the actual value of the work, and calculated as in the above, Table 1-A Building Permit Fees. 4. Plumbing Permit Fees: (a) New Work. As part of a new building, the plumbing permit fees shall be fifteen percent (15%) of the building permit fee, and shall be collected with the building permit fee. The actual permit will not be issued until the owner or responsible party representing the plumbing contractor has signed the applicable permit and it is on file at the Town of Avon Community Development Department. (b) Other Work. For other work, the fee shall be based upon the actual value of the work, and calculated as in the above, Table 1-A Building Permit Fees. 5. Grading Permit and Grading Plan Review Fees: All grading permit fees and grading plan review fees shall be based on the total direct hourly cost to the Town of Avon plus an administrative fee of fifteen percent (15%). This cost shall include supervision, overhead, equipment, hourly wages and fring benefits of the employees involved. 6. Electrical Permit Fees: (a) An Electrical Plan Review Fee for Commercial Projects will be assessed at sixty-five percent (65%) of ten percent (10%) of value established for the Building Permit and calculated as in the above, Table 1-A Building Permit Fees. (b) All other electrical permit fees are administered by the State of Colorado Electrical Board in accordance with the C.R.S., Section 12-23-77. Additional Fees: The following specific fees shall be collected for the applicable permits: (a) Re-inspection fees for all trades when a correction has not been made prior to recalling the inspection $100.00 (b) For removal or demolition of a building, per inspection $ 55.00 C:ADocuments and Settings\nwood\My Documents\TempUdg. CodesTermit Fee Res.doc W Inspections outside of normal business hours (Minimum 2 hours) $ 55.00 per hour (d) Plan Review Fees for I st Building of a group of identical buildings: A Plan Review Fee for the I" building shall be based upon the value and fee as set forth in TABLE 1-A - BUILDING PERMIT FEES above. For each additional building of an identical type the plan review fee shall be fifty percent (50%) of the plan review fee for the first building of that type. ADOPTED THIS DAY OF 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk C:ADocuments and Settings\nwoodNy Documents\TempUdg. CodesTermit Fee Res.doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Enginee Date: September 3, 2004 Re: Resolution No. 0435, Series of 2004, A Resolution Approving an Intergovernmental Agreement Between the Town of Avon and the Eagle River Fire Protection District for the Purpose of Coordinating the Implementation and Administration of the 2003 Edition of the International Fire Code Note: Intergovernmental Agreements must be approved by two-thirds (2/3) majority vote of the Council. Summary: Attached Resolution No. 04-35 approves an Intergovernmental Agreement between the Town of Avon and the Eagle River Fire Protection District. This Agreement is needed to maintain the coordination between the Town and the District for the effective administration of the International Fire Code. This assures that Fire Code inspections and plan reviews will be performed by qualified personnel from the Fire Department and Building Permits and Certificates of Occupancy will be administered through the Town of Avon Building Department. There will be no cost to the Town with the implementation of this Agreement. The Fire District will establish a fee schedule and collect the fees for plan review direct from the developers. I have reviewed the Agreement with Carol Mulson and Charlie Moore with District and they have stated that the District's Attorney has reviewed the Agreement and they anticipate approval at the District Board meeting this month. We recommend approval of Resolution No. 04-35, Series of 2004, A Resolution Approving an Intergovernmental Agreement Between the Town of Avon and the Eagle River Fire Protection District for the Purpose of Coordinating the Implementation and Administration of the 2003 Edition of the International Fire Code. C:ADocuments And SettingsWwoodWy Documents\TempUdg. CodesTire Agmint Res Memo.Doc Recommendation: We recommend approval of Resolution No. 04-35, Series of 2004, A Resolution Approving an Intergovernmental Agreement Between the Town of Avon and the Eagle River Fire Protection District for the Purpose of Coordinating the Implementation and Administration of the 2003 Edition of the Intemational Fire Code. A roll call vote is recommended to assure the requirement for a two-thirds vote of the Council is complied with. Proposed Motion: I move to approve Resolution No. 04-35, Series of 2004, A Resolution Approving an Intergovernmental Agreement Between the Town of Avon and the Eagle River Fire Protection District for the Purpose of Coordinating the Implementation and Administration of the 2003 Edition of the International Fire Code. Town Manager Comments: 0 Page 2 TOWN OF AVON RESOLUTION NO. 04-35 Series Of 2004 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT FOR THE PURPOSE OF COORDINATING THE IMPLEMENTATION AND ADMINISTRATION OF THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE WHEREAS, the Town Council has adopted the 2003 Edition of the International Fire Code; and WHEREAS, the Eagle River Fire Protetion District administers fire protection for all properties within its boundaries; and WHEREAS, the Town of Avon is within the boundaries of the Eagle River Fire Protection District; and WHEREAS, the attached Intergovernmental Agreement (Exhibit A) between the Town of Avon and the Eagle River Fire Protection District designates the Fire Chief of the District as a designated representative of the Building Official of the Town; and WHEREAS, as a designated representative of the Building Official, the Fire Chief will conduct Fire Code inspections and plan reviews required in the implementation and administration of the 2003 Edition of the International Fire Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the attached Intergovernmental Agreement Between the Town of Avon and the Eagle River Fire Protetion District (Exhibit A) is hereby approved by the Town Council of the Town of Avon. CADocuments and Settings\nwoodWy Documents\TempUdg. CodesTire Agnwt Res 04-35.doc ADOPTED THIS DAY OF 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk C:ADocuments and Settings\nwood\My Documents\Temp\Bldg. Codes\Fire Agmnt Res 04-35.doc Exhibit A INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as of this day of , 2004, by the Town of Avon, a political subdivision of the State of Colorado (hereinafter referred to as the "Town") and the Eagle River Fire Protection District, a quasi-municipal Corporation and political subdivision of the State of Colorado (hereinafter referred to as the "District"). Collectively these entities are also referred to as the "Parties." RECITALS WHEREAS, effective on , 2004, the Town adopted the International Building code, 2003 Edition, together with appendices and amendments there to as set forth in Town of Avon Ordinance No. 04- ; and WHEREAS, effective on , 2004, the Town adopted the International Fire Code, 2003 Edition, together with appendices and amendments as set forth in Town of Avon Ordinance No. 04- ; and WHEREAS, the Eagle River Fire Protection District administers fire protection for all the properties within its boundaries; and WHEREAS, the Town has established the position of Building Official; and WHEREAS, the Fire Chief of the District conducts Fire Code inspections and plan reviews; and WHEREAS, the Town desires to designate the Fire Chief of the Eagle River Fire Protection District the title of a designated representative of the Building Official only for the purpose set forth herein; and WHEREAS, the town has the power to issue and withhold building permits; and WHEREAS, the Colorado Constitution and statues of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure quality governmental services; and WHEREAS, the purpose of this Intergovernmental Agreement is to provide plan review, fire code inspection and fire code enforcement as set forth herein within the Town. NOW THEREFORE, in consideration of the covenants and mutual agreements contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 1. The Town shall provide the District all building plans for all occupancies except Group R-3 and Group U as defined in the Building Code, to be constructed or located within the Town. The District shall, through the Fire Chief, provide plan review comments to the Town within two weeks upon receipt of building plans, inspections and code enforcement as to the fire prevention and suppression portions of the plans and construction for all such occupancies. Code enforcement (beyond stop work orders) will be done jointly with the Town. 2. The Town may not issue a building permit for any structure unless such building plans demonstrate compliance with the Town's Building Code and Fire Code and shall not issue a certificate of occupancy, whether temporary or final, for any structure, except Group R-3 and Group U occupancies, located within the Town until after approved final inspection and signature by the Fire Chief. 3. The Town shall provide the Fire chief all applicable land use applications within the Town. The District, acting through the Fire Chief shall provide application review, inspections and enforcement as to the fire prevention and suppression portions of the applications and supporting plans. Enforcement shall be done jointly with the Town. 4. Within thirty (30) days of executing this Intergovernmental Agreement, the District shall submit comments on all applicable land use applications and building permit plans within the Town. 5. The District shall issue permits for the installation of fire alarms and fire sprinklers for all occupancies except R-3 and Group U and collect and retain fees as stipulated in Resolution duly adopted by District board and consistent with fees charged other entities contracting with the District for similar services. 6. The Fire Chief shall at all times have and maintain all licenses, certificates, credentials and education as are required under the laws of the State of Colorado, the Building Code and Fire Code to perform plan review and issue building permits and certificates of occupancy, and inspect structures relative to fire safety (including fire sprinkler) and Fire Code compliance. 7. The District agrees, to the extent permitted by law, to indemnify, defend and hold harmless the Town, its respective agents, officers, servants, and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions and causes of actions whatsoever, arising out of or related to the Fire Protection District's intentional or negligent acts, errors or omissions or that of its agents, officers, servants and employees, whether contractual or otherwise. This indemnity provisions specifically includes all general building inspection services performed by, or on behalf of the Fire Protection District prior to the effectivedate of the agreement. S. In performing any acts or duties contained in this Intergovernmental Agreement, the Fire Chief will remain an employee of the District for all purposes, including but not limited to all employment related laws and regulations including payment of Worker's Compensation and compliance with Federal Fair Labor Standards Act, and shall not be considered as employee of the Town. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Intergovernmental Agreement shall result in, or be construed to as establishing, and employment relationship. The Fire Chief shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or the District shall be, or deemed to be, the employee, agent or servant of the Town. The Fire Chief shall not represent, act purport to act or be deemed the agent, representative, employee or servant of the Town. 9. Each party to this Intergovernmental Agreement shall provide its own public liability and property damage insurance coverage, as it may deem necessary for any potential liability arising from this Agreement. 10. This intergovernmental Agreement shall automatically be renewed on the first day of January of each year hereafter unless earlier terminated by either party, with or without cause, by giving thirty (30) days written notice to the other party. 11. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any District Court action shall be in Eagle County, Colorado. 12. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: The Eagle River Fire Protection District 351 Benchmark Road Post Office Box 7980 Avon, CO 81620 Town of Avon, Town Manager 400 Benchmark Road Post Office Box 975 Avon, CO 81620 13. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the District and the town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 14. If any portion of this Intergovernmental Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 15. This Agreement may be amended from time to time by a written agreement duly authorized and executed by all the Parties to this Agreement. 16. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. EXECUTED as of the date first written above. ATTEST: Patty McKenny, Town Clerk ATTEST: Town of Avon Albert D, Reynolds, Mayor Eagle River Fire Protection District By: By: Memo TO. Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Tambi Katieb, AICP - Community Develop m September 9, 2004 Re: Comprehensive Plan Revised Meeting Schedule and Project Timeline Summary: At the last Comprehensive Plan Steering Committee meeting on August 31St, members of the committee expressed concern with the compressed meeting schedule and their inability to review and perfect the document to a level that the community feels is necessary. I believe that the concern is legitimate, and in retrospect the schedule was considered very aggressive by both staff and the consultant. While it was a worthwhile goal to attempt a complete revision to the 1996 Comprehensive Plan, it would provide little long term benefit to the community for the Steering Committee to forward a document that they feel is less than what is achievable with the addition of a few more meetings and a longer opportunity to engage the public. I will be available at your meeting to review the proposed contract amendment and revised schedule. Town Manager Comments: 6 1 Attachments: • Letter from RNL date September 8, 2004 (contract amendment) • 2004 Avon Comprehensive Plan: Project Timeline Comprehensive Plan Project Timeline and Revised Schedule Page 1 of 1 September 9, 2004 r;. F i t eft? ? {Q {ui September 8. 2004 Tambi Katieb. AICP Community Development Director Town of Avon Pty Box 975 o?rrYer Avon. Colorado 81620 5 A,apzhbe '--t T-" , 3 S,,-'00 Re: Avon Comprehensive Plan Additional Services D,.nvn CO 8420 P 301'-9, ;,, RNL Project Na. 1060-1739.0.1 11 r ao,a ivz ors Dear Tambi, r «k-_ftNLd esig n.ccrAs requested, this letter includes information regarding the request for additional services by RNL Design to expand the scope of services for the Avon Comprehensive Flan. During the last Steering Committee meeting on August 3 L 21W4. members of the committee expressed their concern that the current project schedule would not provide sufficient opportunities for the committee to adequately to review the issues and make policy recommendations associated with the development of the Town's new Comprehensive Plan. Therefore, based upon direction from Town of Avon staff we have developed a revised project schedule and task matrix that provides three (3) additional Steering Committee meetings. plus additional time for review and comment of the draft documents by staff, the Steering Committee and the public. The schedule would now put the final ninth Steering Committee meeting in early December and the final adoption hearings beginning in January 2005. Attached to this letter for your reference is a revised schedule and task matrix detailing the revised work scope and schedule. Due to the additional length of schedule and hours required, these additional services will result in tees of $10.500. If these costs are acceptable to the Town of Avon, please sign and date this letter indicating the Town of Avon's approval for these additional services and return one copy to RNL for our records. If you have any questions or require additional information, I will be happy to assist you in any way that I can. Many. ? ny thanks! Since G( rg . Ha RNL esigr? 303-575-8.136 cc: Marc Stutzrnan. RNL, Desien The Town of Avon agrees to reimburse RNL Design the total sum of $10,560.00 to cover the costs associated with the addition of three Steering Committee meetings, one additional draft document for review by staff and the Steering Committee, and overall project management to be referenced as project number 1060-1739.02. Documentation is attached. Name: Town of Avon Date Project Timeline Februa March Aril May June Jul August September October November December Januar 1 2 3 4 112 3 4 1 2 3 4 1 2 3 4 1 21314 11121314 11121314 11121314 11121314 1 2 3 4 11 2 3 4 1 2 3 4 PHASI; L• Pro'eri Initiation and Infra matiou Gatherin 1.1 Review with Stat1' %?ork program, scheduie, public outreach approach, budge. and contract 1.2 Prepare for and conduct joint Town Council/Planning Commission Work Setision #1: Project Kick-off 1.3 Conduct document review 1.4 Tour Town of Avon with Town Staff 1.5 Interview Community Stakeholders and prepare Interview Summary 1.6 Draft Project Goals and Objectives, review with Town staff, and revise as necessary. PHASE 2: Community Vision Statement and Buildout, Economic and Indicator Analyses 2.1 Generate Draft Buildout Analysis Report .2 Generate Draft Economic Report .2a Optional Task C: Fiscal Analysis 2.3 Review Draft Buildout Analysis and Economic Report with Town Staff 2.4 Revise draft Buildout Analysis and Economic Report 2.5 Prepare for and conduct Steering Committee Meeting #1: Review Draft Buildout Analysis and Economic Report 2.6 Generate Draft Indicator Report 2.7 Review Draft Indicator Report with Town Staff I L 2.8 Prepare for and conduct Steering Committee Meeting #2: Community Vision Workshop L 2.9 Prepare revised Vision Statement, Buildout Analysis, Indicators Report, and Economic Report PHASE 3: Future Land Use Plan and Community Framework Plan 3.1 Prepare Alternative Land Use Plans and Draft Community Framework Plan 3.2 Review with Staff Alternative Land Use Plans and Draft Community Framework Plan 3.3 Prepare for and conduct Steering Committee Meeting #3: Alternative Future Land Use Plans and draft Community Framework Plan 3.4 Prepare Preferred Future Land Use Plan and revised draft Community Framework Plan 3.5 Prepare for and conduct Steering Committee Meeting #4: Preferred Future Land Use Plan and draft Community Framework Plan 3.7 Refine/revise Preferred Land Use Plan and draft Community Framework Plan 3.3 Pre are for and conduct Public Open House #1 PHASE 4: Draft Goal and Puliev Statements 4.1 Prepare Comp. Plan Annotated Outline for review and comment by Town Staff 2 Draft Goals and Policy Statements 3 Meet with Town Staff to review Draft Goals and Policy Statements 4.4 Revise and refine Goal and Policy statements based on Town Staff comments 4.5 Prepare for and conduct Steering Committee Meeting #5 4.6 Prepare for and conduct Steering Committee Meeting #6 *13 Develop draft #2 based on Steering Committee (Mtg. #6) comments *1.2 Revise draft #2 based on Town Staff comments *1.3 * Prepare for and conduct Steering Committee Meeting #7 1.4 * Revised Draft #2 based on Steering Committee Comments 1.5 Prepare for and conduct Steering Committee Meeting #8 *1.6 Revised Draft #2 based on Steering Committee Comments 4.7 * Prepare for and conduct Public Open House #2 1.7[ P repare for and conduct Steering Committee Meeting #9 PHASES: Final Documentation 5.1 Prepare Final Draft: Town of Avon Comprehensive Plan with Implementation Matrix 5.2 Review Final Draft with Town Staff 5.3 Revise Final Draft, if necessary 5.4 Attend (2) Adoption Hearings Additional Service Task Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Anne Martens, Assistant Town Engineer Date: September 8, 2004 Re: Resolution No. 04 - 36, Approving the Final Plat, A Resubdivision of Lot 87, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (2431 Old Trail Road) Summary: Ray and Melissa Romanin, owner's of Lot 87, Block 1, Wildridge, have submitted a Final Plat to resubdivide Lot 87, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is a Triplex Subdivision of a developed lot, creating an access easement and lots 87 A, 87 B and 87 C. This is a minor subdivision and does not require public notice. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 04 - 36, Series of 2004, A Resolution Approving the Final Plat, a Resubdivision of Lot 87, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comment CADocuments and Seftgs\nwoodlLocal SeftgsUemporary Internet Files\0LK2\L87B1WR.doc TOWN OF AVON RESOLUTION NO. 04 - 36 Series of 2004 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 87, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Ray and Melissa Romainin have submitted a Final Plat for a Resubdivision of Lot 87, Block 1, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff, and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 87, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF 2004. ATTEST: Patty McKenny, Town Clerk TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\0LK2\L87B1WRres0436,doc