TC Council Packet 04-13-2010TOWN OF AVON, COLORADO
AVON REGULAR MEETING FOR TUESDAY, APRIL 13, 2010
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW."ON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY & CITIZEN INPUT
a. Tambi Katieb, Eagle River Watershed Council, Submit invitation to April 14th State of the Rivers
Report Open House to be held at Avon's Town Hall
b. James Van Beek Eagle, County Resident, Running for Eagle County Sheriff November 2010
Election
c. Xterra Mountain Cup Event July 17, 2010 (Peter Dann, Executive Vice President Director of
Operations East West Resorts) Review request for waiver of certain fees related to the Xterra Mountain
Cup event
d. Connect Avon Now "CAN" Focus Group Comments (Jaime Walker, Community Relations Officer)
Review "CAN" focus group comments and next steps
5. CONSENT AGENDA
a. Minutes from March 23, 2010
b. Nottingham Lake Fishing Pier Project Construction Contract Award to Thrasher, LLC (Shane
Pegram, Engineer II) Proposal to award professional services agreement to Thrasher, LLC for the
construction of the Nottingham Lake Fishing Pier project
c. Avon Community Heat Recovery Construction Contract Award to GE Johnson, Inc. (Jeff
Schneider, Project Engineer) Proposal to award professional services agreement to GE Johnson Inc for
the construction of the heat recovery facility
d. Resolution No 10 -13, Series of 2010, A Resolution of Support for a Colorado Department of
Transportation (CDOT) Grant Application for Construction of Recreational Trail Improvements
Along Highway 6 between Avon Road and the Eagle Vail Interstate 70 Interchange, Town of
Avon, Eagle County, Colorado (Jeff Schneider, Project Engineer) Support of a CDOT Grant
application in partnership with EOC trails and Eagle County to continue the Eagle Valley Core Trail along
the Highway 6 corridor
6. NEW BUSINESS
a. Appeal the Denial of Real Estate Transfer Tax Exemption Application (Joseph Frasco) Review of
RETT Exemption Request on Westin Riverfront residence
Avon Council Meeting. 10.04.13
Page 4 of 5
TOWN OF AVON, COLORADO
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AVON REGULAR MEETING FOR TUESDAY, APRIL 13, 2010
MEETING BEGINS AT 5:30 PM
AvON TOWN HALL, ONE LAKE STREET
7. RESOLUTIONS
a. Public Hearing on Resolution No 10 -12, Series of 2010, A Resolution to Amend the Town of
Avon Capital Projects Fund Budget (Scott Wright, Assistant Town Manager Finance) Review
supplemental budget amendment for Capital Fund which addresses carryover of unspent appropriations
from the prior year
8. ORDINANCES
a. Ordinance No 10 -06, Series of 2010, Ordinance Enacting Weed Control Regulations (Jenny
Strehler, Director Public Works Transit) Proposed amendments that provide for current and clearer
language associated with weed control which would improve the town's ability to regulate the problem of
noxious weeds
b. Ordinance No 10 -07, Series of 2010, Ordinance Repealing and Reenacting Avon Municipal
Code Chapter 8.32 Wildlife Protection Regulations (Matt Jamison, Police Services Officer) Proposed
amendments to wildlife protection regulations that better defines what is required of residential and
commercial property owners
9. TOWN MANAGER REPORT
10. TOWN ATTORNEY REPORT
11. MAYOR REPORT
12. ADJOURNMENT
FUTURE COUNCIL AGENDA DATES & PROPOSED Topics:
April 20th: Joint Work Session at P &Z Commission Meeting
April 27th: Avon Development Code, Planning & Zoning Member Appointments, Transportation Visioning
Resolution
May 11th: Joint Work Session w/ P &Z to discuss Avon Development Code
Avon Council Meeting. 10.04.13
Page 5 of 5
To:
Thru:
Legal Review:
Approved by:
From:
Date:
Honorable Mayor & Town Council
Larry Brooks, Town Manager
Eric Heil, Town Attorney
Meryl D. Jacobs, Recreation Director V ` qk
Meryl D. Jacobs, Recreation Director
Danita Chirichillo, Special Events Supervisor
March 29, 2010
Re: Fee waiver request from XTERRA Mountain Cup
Summary: Attached for council consideration is a fee waiver request from Peter Dann,
event volunteer for the XTERRA Mountain Cup. Mr. Dann initially directed his request
to the Recreation Department and was advised that staff does not have the authorization
to waive permitting fees and associated event costs. It was Mr. Dann's desire to speak to
council regarding this request.
History: As council is aware, XTERRA has been utilizing Nottingham Lake for the 1
mile swim portion of the event since its inception in 2008. The 15 mile mountain bike
course and 5.75 mile run takes place in Beaver Creek, along with the awards ceremony.
Last year 375 athletes participated at approximately $95 per individual. There is a
$10,000 pro prize purse offered. The Westin came on board last year as the host hotel for
the event.
This event is classified as a "turnkey" event for the Town as it is organized by an outside
entity. This means basically that the Town offers the desired venue (lake) and minimal
support services as necessary. Additional staff time and all operational costs are typically
born by the event promoter.
Discussion: This year XTERRA is requesting that the Town waive the following fees
and costs:
Special event permitting fee: $100 ($250 deposit is refundable providing no damage)
Sound permit: $25
Police Officers: $322 (2 officers x 3 hours x $53/hr.)
Lifeguards: $399 (3 guards x 7 hours x $19/hr.)
Port-o -lets: $525 (6 x $75 plus $75 delivery fee)
Total request: $1371
Recommended Action: Staff is recommending that council deny Mr. Dann's request for
funding due to the following reasons:
• The waiver of permitting fees will set a precedent and possibly impact other
events that have consistently paid permitting fees for utilization of Harry A.
Nottingham Park. See list of all turnkey events that pay permitting fees.
• The operational costs such as police, lifeguard staff and port-o -lets are not
allocated in the 2010 budget. Staff attempts to recover additional operational
costs on all turnkey events in order to minimize their impact on the Town.
The Town values the partnership that has been established with XTERRA Mountain Cup
and recognizes the positive impact that the event has on our community. We do offer the
natural resource of the lake, parks and special event staff assistance on event day and
marketing exposure at no cost to XTERRA.
Town Manager Comments:
Attachment: A: Turnkey events permit fee revenue projection (2010)
B: Peter Dann's fee waiver request letter
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BEAVER CREEK
February 23, 2010
Dear Danita,
Per our conversation last week, I am writing to request the waiver of certain fees related to the upcoming
XTERRA Mountain Cup event on July 17, 2010.
As discussed, we appreciate the Town's partnership and participation in bringing this world -class event to the
Valley and to Avon specifically. We anticipate having 500 athletes this year and their families again participate
in the weekend. Last year we had approximately 375 out -of -town athletes participating and secured 46 room
nights at the Westin for this group. We have again slated the Westin Riverfront Resort and Spa in Avon as the
host hotel for XTERRA. Lodging revenues, meals and shopping for incidental items from this event will most
certainly impact the Town positively again this summer.
As such, we'd propose that the Town of Avon partner with XTERRA Mountain Cup promoters in waiving the
following fees and related costs for the event.
• The Permit and Application fees totaling $350
• The sound permit fee of $25
• Town of Avon Police fees for marshaling Highway 6/24 and West Beaver Creek Boulevard
• Portolet cost for additional toilets at the swim start and opening the restrooms at the cabin
and public restrooms on the east side of park
• Lifeguard support
Additionally, we'd propose your support in securing swim volunteersto assist with water safety during the
event and the donation of lifeguard staffing during the swim practice session at Nottingham Friday afternoon
July 16th, 4-6 p.m.
We have listed the Town as an event sponsor and linked from the event site to the Town. We thank you in
advance for your consideration of our request and look forward to hearing from you. Should you have any
additional questions or wish to discuss these topics in greater detail, I'm available at 970.790.2324.
Sincerely,
r iz
Peter Dann, Executive Vice President/ Director of Operations East West Resorts
Event Staff Volunteer XTERRA Mountain Cup
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Reviewed By Scott Wright, Assistant Town Manager/Finance
Reviewed By: Jennifer Strehler, Director of Public Works and Transportation
From: Jaime Walker, Community Relations Officer
Date: April 13, 2010
Re: Focus Group Feedback regarding Connect Avon Now
VON
C U L D R% D O
Office of Community Relations
One Lake Street
Avon, Colorado 81620
970. 748 -4087
The Connect Avon Now (CAN) project is a package of prioritized improvements to mass transit,
trails, and parking which currently do not have a source of funding. Voter approval will be needed
in November 2010 to create dedicated revenue sources and to authorize the Town to issue debt,
both required steps for implementation of this project.
Following the schedule established at the January 26`h meeting, factual information regarding
Connect Avon Now has been assembled and is being used for public outreach. Public outreach
began with a series of five focus groups that were held at the Avon Town Hall and Avon Public
Library during the month of March. Over thirty influential community leaders where invited to
participate in the focus groups, seventeen of which attended. A slide presentation with the
proposed scope of Connect Avon Now, including a list of specific project components, costs, and
funding sources and a prepared list of frequently asked questions was shared with the participants.
Discussion was elicited from participants on the scope, components, costs and general opinions of
the project. The consensus from the attendees was that the scope and funding of the project is
appropriate.
In addition to the focus groups, outreach has also included the development of a webpage for the
Connect Avon Now project on the Town's website. It can be accessed at
www.avon.org %ConnectAvonNow. This page has the CAN video /slide show presentation that
was presented to the focus groups, frequently asked questions and a section seeking citizen
feedback.
The Vail Daily published the first of four communiques on Connect Avon Now and the Vail
Mountaineer ran a related story. We expect that the other three communiques should be
published prior to the Open House on April 29th. The focus groups, the communiques, the
webpage, and the open house are all part of the public outreach campaign that were developed in
an effort to help inform the citizenry.
Page 1 of 13
Discussion
Town Council members are encouraged to have conversations with their constituents in order to
raise public awareness of Connect Avon Now. Press releases, focus groups, open houses, and web
site information are additional tools intended to stimulate involvement from local residents and
businesses.
The focus groups provided no consistent message to expand, shrink, add or remove project
components. Individuals had varying opinions on specific components, but overall there was
consensus that Connect Avon Now is a viable project as it is proposed. Below is a list of highlights
from the focus group meetings.
➢ Participants recognized that transit and connectivity are needed for un- served areas i.e.
Buffalo Ridge but not necessarily for Wildridge. After an explanation of costs and
challenges associated with providing transit up to Wildridge, participants were not
necessarily in favor of expanding the project to include transit up the hill.
➢ Participants repeatedly mentioned that they were concerned how the message will be
received by the public especially as it relates to the tax increase. They stressed that crafting
the right message will be important to the success of the ballot question. They believe this
is a worthwhile project, but are concerned about getting a tax increase passed in this
economy. Participants supported education and outreach explaining the benefits the
Town will receive in exchange for the tax increase.
➢ "Pedestrian and Bike Trails" should be used instead of "Trails" to refer to the trails portion
of the project. (This has already been changed in the slides and FAQ information)
➢ Several participants noted that parking and transit are vital to the long -term sustainability
of a tourism -based economy — getting employees and guests to the mountain, providing
parking and transit, and making it easy to get around town —and to implementing Avon's
master plan.
➢ Participants were pleased to learn that the funds collected from sales tax and property tax
in the Village at Avon would be sent directly to the Town and would not be collected by
the Traer Creek Metro District.
➢ The timing of the ballot question and the project is good because of the drop -off in the
mill levy and because of the low cost of construction.
➢ With respect to the proposed funding mechanism, participants generally agreed with the
project goals that "growth should pay for growth" and that "guests should pay their fair
share."
➢ There was discussion in nearly all focus groups about the difference in sales tax within
Avon verses in the unincorporated county area and the potential need for establishment of
a Use Tax to "level the playing field" to better protect Avon businesses.
A revised draft of the Frequently Asked Questions (FAQs) is provided for Town Council along
with focus group discussion comments and a compilation of the feedback form responses.
Beginning as early as May, the responsibility for the public awareness campaign for Connect Avon
Page 2 of 13 D-
Now will transition to a newly formed campaign committee. This committee will be comprised of
private stakeholders who, in addition to furthering public awareness, will also be responsible for
fundraising and media relations. The staff responsibilities of project development, gathering of
citizen input, and discovery will wind down. Once the ballot question is certified, there are
restrictions that will limit staff behavior and involvement.
The next step in the process is a public open house on April 29`h. Please refer to Exhibit A for
detailed timeline outlining the process for the next months.
Financial Implications:
No financial expenditure decisions are involved in this work session.
Town Manager Comments
Attachments
Exhibit A. Connect Avon Now Background and Timeline
Exhibit B. Focus Group Discussion Comments
Exhibit C. Collected Focus Group Feedback Form Responses
Exhibit D. FAA's Short Public Version
Exhibit E. FAA's Long Town Council Version
Page 3 of 13 3
Exhibit A
Town of Avon
Connect Avon Now Background and Timeline
Background
A variety of improvements to transportation infrastructure have been requested by the community during
preparation of the Comprehensive Plan (2006), West Town Center Plan (2007), Community Survey (2008),
and Comprehensive Transportation Plan (2009) work. These studies and plans are congruent regarding the
need for better multi -modal connectivity which would make Avon a more walkable, urban village type
community where commercial areas, affordable housing, and recreational amenities are easily accessible.
The Avon Comprehensive Transportation Plan (2009) provided the basis of the specific project
components included in Connect Avon Now. That engineering document was developed from the broad
vision and goal statements adopted with Avon's "Comprehensive Plan" (2006). Where the Transportation
Plan included recommendations for improvements needed through 2035 and costing over $100 million,
the intent of Connect Avon Now is to focus on only those improvements that will be critically needed within
the next 10-15 years and can realistically be funded through new, voter - approved revenue sources.
Previous Council Actions:
The Town Council has been involved in planning transportation improvements in Avon for many years.
Efforts to establish a specific package of transit, trails, and parking improvements, and to develop a funding
mechanism for such improvements, have been in the works since about July 2009.
2006- Town Council adopted the Avon Comprehensive Plan.
August 2007- Town Council adopted the Avon West Town Center Plan (Design Workshop, 2007).
This plan includes provision of a 300 -350 stall parking garage located on or near Main Street.
July 2008 - Community survey results were presented to Town Council which showed strong
public support for transit and trails.
March 10, 2009 - The concepts which were later embedded in the Strategic Transit Plan portion of
the Transportation Comprehensive Plan were presented to Town Council. This presentation described
historic financial performance of the Avon Transit enterprise fund and offered a long -term vision
for transit which included the new routes and services. Funding options were also discussed,
including sales tax increase, hotel/motel tax increase, property tax increase, and formation of a
general improvement district (GID).
June 23, 2009 - Transit survey results were presented to Town Council which showed strong
public support for expansion of transit and trails and creation of a new funding mechanism to pay
for the added services /facilities.
July 14, 2009 - Staff highlighted the specific transit services and a sample list of trail/pedestrian
project components that could be funded under a new project initiative. Note that this meeting
initially introduced this project as the "Avon Walkable Community Project" but, after some
discussion, Council expressed a preference for re- naming the project to Connect Avon Now.
Town Council directed staff to 1) notify the County Clerk of Avon's intent to have a ballot
Page 4 of 13
question in November 2009 and 2) provide more information about options for funding the
project.
July 28, 2009 - Presentation of Preliminary Financial Modeling for Sales Tax increase to fund
transit and trails. Discussion of possible use of hotel/motel tax and /or GID was explored further.
August 11, 2009 -Town Council decided to delay plans to place a transit /trails question on the
November 2009 ballot in order to allow more time to carefully study the issues. Preference for a
November 2010 ballot date was expressed.
August 28, 2009 - The 2010 Transit Division Budget was proposed.
September 22, 2009 -The Transportation Comprehensive Plan (FHU, 2009) was adopted by Town
Council on this date. This document describes a near -term plan to expand transit bus service to
connect the Village at Avon and Beaver Creek Ski Area by modifying routes and frequency to add
another 6,000 service hours. The plan includes a list of over $7,000,000 worth of recommended
pedestrian, bicycle, and recreational trail capital improvements. Associated transit capital
improvements and fleet replacement needs are also identified in that document.
October 20, 2009 - 2010 Budget Retreat, Final Transit Division budget for 2010, focus Transit and
Trails funding strategy. Town Council requested addition of public parking into the shared vision
for the project.
November 10, 2009 - Town Council developed a consensus about the shared vision for Connect
Avon Now. This vision included the scope, schedule, and budget implications of transit, trails, and
parking project components included in the project.
December 8, 2009 - Public finance experts described their experience on similar ballot questions.
They emphasized the important role of Town Council with respect to public outreach.
January 26, 2010- Staff provided an update on Connect Avon Now, which included a schedule of
activities planned for spring 2010.
February 23, 2010- Staff offered a status report on the work being done to assemble factual
information for Connect Avon Now.
Timeline:
April 13-- Update to Town Council
April 29-- Connect Avon Now Open House
May
_ Council members and community leaders discuss transportation challenges with
constituents and present Connect Avon Now as the solution.
--Form a campaign committee and hold initial meeting
June
- Campaign committee to send initial fund raising letter and follow up on campaign
solicitation
Page 5 of 13 5
Draft speaking points and initial campaign fact sheet
-Civic and community group outreach
-- Ongoing campaign committee meetings
July
-Second fund raising letter sent and followed up
Media campaign begins
Ongoing community outreach
Ongoing meeting of campaign committee group
August
August 24 -Town Council adopts the ballot question
August 25-- Campaign kickoff press conference
Volunteer campaign manager brought on
-- Ongoing campaign committee group meetings
-- Fundraising continues
September
Town Clerk certifies ballot to Eagle County
TABOR pro /con statement requirements met
Labor Day visibility events
Ongoing campaign committee group meetings
Media campaign continues
October
Direct mail hit 1, 2, 3, & 4 arrives in boxes
Ongoing campaign committee group meetings
Yard signs in field
Walks /literature drops in targeted precincts
- -Early voter tracking begins
Media campaign continues
Fundraising program continues
Walk -in / early voting begins
November
-Election Day
Page 6 of 13 4
Exhibit B
Town of Avon
Focus Group Discussion Comments
Discussion comments Focus Group 1 (3 participants: 2 are owners /managers of Avon business; 1
is a registered voter, 2 are bike /trail users; 1 is a transit rider)
• It is important for the busses to run every 10 minutes to be convenient for the guests and a
reliable transportation option; otherwise guests would drive to the mountain.
• Will the cost of the gondola still come out of the General Fund?
• Would like to see the General Fund subsidy dedicated as part of the ballot language so that
this funding commitment is not left to the will of the council.
• Business would like to have a "marketing fund" created too in order to promote Avon
tourism. Can this be part of CAN?
• Believe that it will be difficult to sell new taxes. Recommend that the public message stress
the benefits and clearly explain the mill levy is a replacement rather than a new tax.
• Suggest "Pedestrian walk ways" should be used instead of "Trails" and that the "Walking
Village" concept be used as a visual descriptor of the plan in public messaging.
Discussion comments Focus Group 2 (3 participants: 1 is an owner /manager of Avon business; 2
are registered voters; 2 are bike trail users)
• Stressed the importance of correct messaging. Make people understand that mill levy is a
replacement.
• Approve of the trails in Wildridge and believe they are key to passage of CAN. Good value
and concerns /needs fit the Wildridge neighborhood.
• Participants stated that they do not want transit in Wildridge neighborhood
• Now is a good time to do this project because the drop -off in existing mill levies make the
property tax component affordable.
• Local supports needed to get the message out and get volunteers to get the message out.
• Recommend that the public message stress that taxes apply to the VAA area and that funds
will not be routed through TCMD.
• Participants were surprised that there is no bus service to Buffalo Ridge
• Believe that pedestrian safety on round -a -bouts is lacking; needs to be improved.
Discussion comments Focus Group 3 (5 participants; 3 are owner /manager of Avon business; 3
are registered voters; 3 are bike trail users)
• Believe that a big selling point is that tax money from VAA areas will come directly to
town and avoid TC
• Suggest that bus fares and parking fairs should be considered to subsidize some
components. Believe that a dedicated financing for the transit system makes sense.
• Wonder if Wildridge voters will be satisfied with the project. Wonder at what cost -point
do these residents start parking or riding the bus to get to Beaver Creek.
Page 7 of 13 1
• Believe that the project is a good idea, but will be difficult to pass in this economic
environment.
• Recommend that public message project out 5 -10 years to describe what will happen if
CAN is not implemented. Explain that transit is non - sustainable and will go away, free
parking will end, and real estate development will likely stall e.g., "here's what Avon will
look like..."
• CAN supports business.
• Believe that transit affects the whole quality of life in town and fuels our entire economic
system.
• Understand the importance of parking for tourism business. Expressed concerns that
both locals and employees consume parking for customers.
• The message should be able to explain the sales tax increase and benefits in the time it
takes to ride up the elevator e.g., "There won't be transit service so your business will
suffer. More grid lock, less parking, no access to BC, the future image that we have for
Avon simply won't happen,"
• "This allows for a functioning town ten years from now. We don't want to wait until it is
too late. We can't wait until we build out."
• Timing is good now because of the cost is less because of project materials and labor
• Suggest we consider a tiered approach to the project (e.g., Cadillac version, Chevy version)
but recognize that the project is already complex.
• Recommend that the town survey every month to November to get a feel for how public
will respond.
Discussion comments Focus Group 4 (4 participants: 3 owner /manager of Avon business; 1
registered voter; 3 bike trail users)
• This fills the "gap" between where we are now as a town versus where we want to be.
• Concerned that the project may be trying to tackle too much.
• Participants liked the fact that CAN is an integrated plan. Believe that CAN is a
complicated plan which will be difficult to get approved, but it will be even harder to get
approved if it is piecemeal so it is better to go for it all at once. Integration will make it
successful.
• Highlight that CAN is a package of solutions that will make Avon more connected and
support future economic sustainability.
• Public message should emphasize the phasing of taxes
• Public message should describe what this is doing for drivers, bikers, walkers; and
emphasize the connectedness /integration —the clearly marked paths, directions, ease of
getting around town.
• Wonder if there are more second homeowners in Wildridge who are unlikely to ride the
bus anyway.
• Asked about the specific location planned for parking and how many current and future
businesses it would benefit.
• Recommend that the public message stress that transit for employees to get to work is
critically needed. Other than in current economic situation, it is difficult to find and
retain employees because of housing and transportation to work. Employees can't bring
Page 8 of 13
cars because parking is for guests so they can't get to work. It is beneficial to employers
because it can keep wages lower because employees can save the money they would put to
a car. Employees go elsewhere, business will go elsewhere. This is crucial for moving
forward.
• Commended that a good transportation plan will keep Avon from becoming Vail where
no one lives. Avon has a good mix of employees and guests and residents and it should
continue to have this in the future.
• Expressed that it takes personal involvement to understand the importance of this project.
• One durable good merchant and ABA member in Avon expressed displeasure at the sales
tax increase included in the CAN proposal and said that he can not support it. Noted
that they have good competitors in Eagle Vail and Edwards. Acknowledged that the
current lack of a Use Tax results in a sales tax advantage which tips the playing field in the
favor of unincorporated areas and are concerned that CAN would exacerbate this
problem.
• Recommend that the public message convey to businesses community that this tax is an
investment in their businesses and the future vibrancy of the community.
Discussion comments Focus Group 5 (5 participants: 3 are owner /managers of Avon business; 2
are registered voters; 2 are bike /trail users. Also note: 4 of the 5 participants arrived late to the
meeting thereby missing a 1/4 to ,) of the presentation and two participants did not return the
feedback from.)
• Commented that semi, commercial trucks, and campers need a place to park so that they
can stay in lodging and restaurants in Avon. Asked if the parking garage design plan
account for this.
• Stated that hotel guests sometimes choose to stay in Summit because when considering
the full trip cost, it is easier and more affordable to stay over the hill because they have free
bus system.
• Recommend that Avon look at instituting a Use Tax rather than a Sales Tax increase to
fund CAN. Suggest that Avon get a Use Tax in place before the economic recovery kicks-
1n to capture revenue.
• Like the "growth should pay for growth" philosophy.
• Like the parking garage but would rather see it on the east side of Town center.
• Like that the sales tax and mill levy in the CAN financial plan apply to VAA and be
collected by the Town.
• Asked if there could there be an Urban Renewal Authority on the east side of Town to
pay for some of the CAN project components.
Page 9 of 13 9
Exhibit C
Town of Avon
Compiled Feedback Form Responses
12 Owners /Managers of Business registered in Avon
6 Up valley employers (of various numbers of employees)
12 Bike/Trail users
9 Registered Voters in Avon
5 Indicated their neighborhood of residence: 4 Wildridge; 1 Nottingham; 1 Valley floor
6 Directly involved in local real estate development
Did you learn anything new about Avon's transportation system or how other use this system as a
result of this meeting? What was the most surprising discovery?
• Yes -that the plan is addressing some issues that I believe are important to the Town -bus
service to Buffalo Ridge, pedestrian safety
• That there is no bus service to Buffalo Ridge
• No, but I've heard it all in P &Z
• No
• Yes, revenue structure of the transit system
• Unfortunately fairs do seem unwieldy
• Plan seemed well thought out for transit needs and connectivity needed badly for un-
serviced areas
• Yes, how local residents don't??? Wildridge transit system
• Already familiar with problems
• Yes, I was surprised by how much is used by local workers and how high the ridership is
during peak transit periods.
• Mill levy step in as current items are dropped = no real change in property tax
• Yes -80% local riders 20% guest riders (missed V '%4 of presentation)
• Yes, dollars contributed to gondola $256,000 (missed V "2 of presentation)
• yes
Which project components do you like most?
• Transit to Wal- Mart, more walking trails, highway /interstate over /under pass and parking
• Transportation, parking
• Permanent funding for project
• The bus service expansion
• The positive effects that the project will have on the community, the economy and
environment.
• Avon has some real connection challenges due to river, highways, train. I like the
components that try to solve these connection issues. I also like the trail connecting
Wildridge to Singletree and the Town of Avon.
• The comprehensive planning, transit, ped, bike
Page 10 of 13 10
• Parking structure in Town, widened bike lanes on Metcalf
• Parking
• Adding service to affordable housing (Buffalo Ridge)
• Parking garage, bus service to BC
• Bus service / parking
• Improved transit; road connectivity / trail connectivity
• All, I like that its integrated and responsive to specific Town challenges i.e. BC Parking and
wanted to keep jobs local
• Bus service
• Priority 1: bike / trail & parking structure. In a resort area, people want to park and walk.
We need to spend more on making Avon pedestrian / bike friendly and have buses to get
to farther away areas (BC , Walmart). Parking structure is #2 priority so people can come
to Avon, park and walk. #3 is transit. If don't fix pedestrian / bike people will drive
everywhere anyway (less cost also) (missed 1' 14 of presentation)
• Trail additions and bus ride to Beaver Creek in season (missed I" '12 of presentation)
Which project components do you dislike?
• Time frame > Certain issues should be addressed quickly
• I think the use of the words "tax increase" will be a tough sell, but this town does rely on
tourism and we need to keep the guests' experience fun, satisfactory and easy.
• Idea of a huge parking garage in our town —could it be disguised— aesthetics
• Adding trails for the sake of trails. Make them meaningful while preserving game habitat.
• Too many unknowns (not vision /plan but.... ?)
• None
• Money for trails/ paths
• none
• None, I am very supportive
• Parking structure, right now
• Sales tax; parking needs to be on east side of Avon
• Too big a priority on transit (missed 1 ' '4 of presentation)
• Additional sales tax (is this temporary?); we will not support (missed 1 of presentation)
On balance, do you think that the project scope as described is appropriate and offers sufficient
benefits to the Avon community as a whole? 14 yes / 2 no
Do you think that this proposed funding plan is fair and reasonable? 15 yes / 2 no
Circle the word that best describes your feelings about this project as it is currently structured.
Would you support the scope and funding plan for this project?
5 Definitely 5 Probably 3 Maybe 1 Unsure 1 Unlikely 1 No
Page 11 of 13
What changes to Connect Avon Now might increase your likelihood of support?
• Low cost parking & bus ride fare
• Change the word "Trails" to Pedestrian Walkways" or something similar to promote
walking and biking
• Skier drop off zone by gondola. Marketing fund integrated into plan. Commitment of
$1.3 million General Fund contribution to transportation
• Pedestrian safety in town - more emphasis... ideas
• The timing is good now for the mill levy increase because other mill levies are dropping off.
Marking this message is paramount. However, if this doesn't pass in Nov 2010, our
property taxes will be scheduled to drop in 2 years to do valuation decreases) so it could
also be a good time to thee this up in 2 years. I say do it now, hope it passes but we also a
have a good shot in 2 years if it doesn't pass now.
• I support it, but I am concerned the majority won't
• Your biggest problems as I'm sure you know is funding
• Conduct ROI on garage project, eliminate funding for sidewalks /paths & focus on garage
• Clear, concise set of understandable goals. Visual representations, modeling of what is to
be achieved.
• Add parking and trails later
• Remove sales tax & expand bus service
• Agree with overall idea, strongly disagree with $ per area and priorities. Make Avon
pedestrian & bike friendly for to do and be here otherwise Avon will always have issues
and everyone will drive cares everywhere (congestion, parking issues, etc.) (missed 1 1A (It
presentation)
• Gondola should go all the way up to Strawberry park (missed 1" 1/2 of presentation)
There are several reasons why a November 2010 ballot is proposed. What do you think of the
timing? When do you believe the public should have the opportunity to vote on this project?
• I think it's important to do it close /as close to time of project beginning, so we as a
community don't feel like $ just sits there
• Economy could either work for or against depending on how it goes by that time, but
maybe construction const will be lower
• November is fine but very difficult to pass any tax increase at this time
• 1 think that it would require a lot of marketing — people are going to tend to vote no on all
issues that include a tax increase in this economy.
• The timing is good. The challenge will be educating the voters
• See 5" bullet from question above
• I don't have enough information to answer
• November 2010 is the best time for a ballot
• Yes, The timing is similar to Eagle -Vail re- bonding and that worked
• Perfect, problems will only increase if not approved ahead
• 1 agree with November proposal, build ASAP while construction costs are low due to
current economic conditions
• Timing may be difficult due to current economy and "anti -tax" sentiment. All the more
reason for very clear explanation of benefits.
Page 12 of 13 1 ,L
• I support the timing, I think the community may be ready to invest and getting a jump on
60 and 61 is a definite benefit
• Poor wait!
• Fine with this, but need to adjust priorities? (missed 1" 1/4 of presentation)
• Hard times with current economical situation; nice to have more jobs (hissed 1'` %2 of
presentation)
Page 13 of 13 3
l
Exhibit D
Town of Avon
CONNECT AVON NOW
Frequently Asked Questions
• What is "Connect Avon Now "?
Connect Avon Now is a project that was developed in response to the expressed wishes of our
citizens as evidenced in surveys, open houses, phone calls, and meetings. It involves creation
of a dedicated revenue source to improve transportation and neighborhood connectivity
consistent with town - adopted land use and transportation plans. Specific improvements
include: extensions of transit service, construction of pedestrian sidewalks, construction of
bicycle lanes and trails, and the addition of public parking in the town core.
How can Connect Avon Now help me?
1. INCREASED LIVABILITY: Multi -modal transportation options increase community
livability. Future visitors and seasonal residents can arrive by mass transit and get around
Avon and Beaver Creek easily and quickly without driving. This will maximize use of our
existing road systems.
2. BETTER TRANSIT CONNECTIVITY: Several key destinations in and around Avon are
currently disconnected from the town core or are inconsistently served by transit. For
example, Avon Transit does not serve Buffalo Ridge, the Village at Avon (e.g., Wal -Mart,
etc.), Beaver Creek, and Nottingham Rd. Bus service will be extended to these areas.
3. MORE TRAILS: About 15 miles of new bicycle lanes, sidewalks, paved trails, and unpaved
hiking trails have been included in this project. These will offer additional commuting and
recreational options for residents and guests.
4. INCREASED PARKING: Limited public parking in the town core combined with recently
announced plans to charge for parking at the Elk and Bear lots will increase parking
pressures. Connect Avon Now includes construction of a 500 stall public parking garage in
the town core. This will bring better access to the gondola, shopping, river parks,
restaurants and special events. This will bring synergy to the town core.
5. PLANNING FOR OUR FUTURE: A transit - oriented and vibrant walkable village plan has
been developed to address increased population growth and density in the core area and to
avoid mounting traffic congestion. Connect Avon Now is a way to make that plan become a
reality. Each project component in Connect Avon Now adds a new transportation link that
will make Avon a more vibrant community.
How will this proposal make Avon better?
1. SOCIAL RESPONSIBILITY: Many Avon residents and workers do not own a car and
depend on public transportation to get to work, do their grocery shopping, access medical
care, and obtain public services. Expanding transit is a socially responsible way to leverage
public tax dollars and preserve household income.
2. ACCESS TO AFFORDABLE HOUSING: Connect Avon Now proposes delivering transit
service to hundreds of affordable housing residents at Buffalo Ridge who currently do not
have transit service.
3. TOWN COHESIVENESS: Citizens often comment that several key destinations in and
around Avon are disconnected from the town core. This is a huge inconvenience to local
businesses and routine shoppers. Connect Avon Now can improve town cohesiveness by
linking the Village at Avon, Beaver Creek Village, the Nottingham Commercial area, and
Page 1 of 2 r
residential areas on West Beaver Creek Blvd and Eagle Bend Drive to the town core via
transit, trail, and parking improvements.
4. IMPROVES SAFETY: In 2009, Avon incurred 250 road accidents, the majority of which
involved drivers who were unfamiliar with local weather and /or road conditions. In 2008,
Eagle County had the highest DUI rate in the state, with over 150 DUIs in Avon alone.
Connect Avon Now will allow more people to utilize mass transit, avoid driving in difficult
winter road conditions, and have fun without risking a DUI or the life and safety of others.
5. CREATES JOBS: Implementation of Connect Avon Now would stimulate the local economy
and create both permanent jobs and construction - related jobs. Approximately 860 jobs
would be created by this project during the next 10 -15 years. Additional economic
stimulation by the private sector is also expected.
How much will this project cost?
There are both capital construction and annual operating costs associated with Connect Avon
Now. Expanding transit service requires purchase of additional buses. Capital costs include
construction of a new parking garage, bus shelters, trails and other facilities. Annual operating
costs include fuel, labor, maintenance, repairs, and vehicle replacement. The total estimated
cost of this project through 2020 in present day dollars is about $66 million. The approximate
breakdown of this cost is shown below:
Capital
Cost
41% O &M
Costs
590::
How can we pay for this?
Trails
13°c
Transit
49%
Parking
38%
Town Council is evaluating proposed solutions
to our transportation challenges and more
importantly how to pay for them. None of the
recommended improvements currently has a
secured funding source. Voter approval of new
revenue will be needed to implement any of
the recommended components. To date, a
small sales tax increase in combination with a
replacement mill levy is the favored approach.
Use of sales tax is attractive because 2 /3rds of
Avon's sales tax is imported from outside Eagle
County. Once community input has been
completed, the council will finalize the plan,
costs, and preferred funding approach.
Page 2of2
Suggested Project Funding
25%
Sales Tax Increment
(0.85%)
o Mill Levy (phased in to
51% 4.50 mills by 2017)
Continued Subsidy from
General Fund ($1.IM /yr
or 9 %GF)
1s
Exhibit E
Town of Avon
Frequently Asked Questions
NOTE: This description of Connect Avon Now is that of the initial proposal formulated in
February 2010 based on community input received from 2006 -2009 regarding transportation
needs within Avon. The Town is looking for additional feedback from the community on this
proposal during the spring of 2010. The final project scope and ballot language must be
finalized in July 2010.
1. What is "Connect Avon Now "?
Connect Avon Now is a project that has been developed in response to the expressed wishes of
our community as evidenced in surveys, open houses, phone calls, and meetings. It involves
establishing dedicated revenue to improve multi -modal transportation connectivity within and
through Avon, consistent with the vision and goals established through a rigorous public process
and summarized in the Avon Comprehensive Plan and the Avon Comprehensive Transportation
Plan. Specific improvements planned include: extensions of transit service, construction of
pedestrian sidewalks, construction of bicycle lanes and trails, and the addition of public parking
in the town core.
2. What, specifically, will this project accomplish?
Connect Avon Now includes a specific list of transportation- related project components which
would be conducted over the next 10 -15 years. These components are listed Table 1.
Currently, no funding exists for any of these improvements. If approved by voters, Connect
Avon Now would be self- funded through new dedicated tax revenues.
3. How will I benefit from this project?
Individuals will benefit from each component within Connect Avon Now to varying degrees -
depending on how you live, work and play. Consider:
1. INCREASED LIVABILITY: Multi -modal transportation options increase community
livability by reducing the cost of transportation to individuals and creating greater location
flexibility for live -work arrangements. The average transit rider can expect to save about
$8,000 per year by taking transit rather than driving to work.
2. BETTER TRANSIT: Several key destinations in and around Avon are currently
disconnected from the town core. Fare -free transit service between the Avon Town Core
and the Village at Avon (e.g., Walmart, etc.) will not occur unless either 1) the developer
agrees to pay for this service (likely via a sales tax increase) or 2) the voters install a
sales tax directly. If the voters "vote yes" for Connect Avon Now, this new transit routes
will be established and operated consistently and reliably, and approximately 35% of the
new tax revenue will be derived from the Village at Avon.
3. MORE TRAILS: About 15 miles of new bicycle lanes, sidewalks, paved trails, and
unpaved hiking trails will be created which offer additional commuting and recreational
options for residents.
Page 1of12 /�
4. INCREASED PARKING: There is already limited public parking in the town core.
Recently announced plans by Vail Resorts to start charging for parking at the Elk and Bear
lots will increase parking pressures. Connect Avon Now will construct 500 public parking
stalls in the town core which provide individuals better access to the gondola, urban
services, and Nottingham park - related activities. A pricing policy will be developed to
reflect the local community's best interests.
5. INVESTMENT FORESIGHT: Increased population growth and density will create
mounting traffic congestion unless a transit - oriented and vibrant walkable urban plan is
implemented with this Connect Avon Now project. Each project component adds a
transportation linkage that will make Avon a vibrant community which is easier to enjoy
without the need for a private automobile.
6. BEST USE OF EXISTNG RESOURCES: If future visitors and seasonal residents can
arrive by mass transit and get around Avon and Beaver Creek easily and quickly without
driving, then locals can maximize use of the existing road and parking systems. This
avoids incurring a higher cost to expand the road system.
4. How will other Avon residents benefit from this project?
The Avon community as a whole will benefit considerably from Connect Avon Now. Consider:
1. TOWN COHESIVENESS: Several key destinations in and around Avon are currently
disconnected from the town core. This is an impediment to local businesses and routine
shoppers. Connect Avon Now will improve town cohesiveness by linking the Village at
Avon, Beaver Creek Village, the Nottingham Commercial area, and residential areas on
West Beaver Creek Blvd and Eagle Bend Drive to the town core via transit, trail, and
parking improvements.
2. IMPROVES SAFETY: In 2008, Eagle County had the highest DUI rate in the state. In
2009, Avon incurred 250 road accidents, the majority of which involved drivers who were
unfamiliar with local weather and road conditions. There were over 150 DUIs in Avon
alone that year. After Connect Avon Now is implemented, more people will be able to
utilize mass transit, avoid driving in difficult winter road conditions, and have fun without
risking a DUI or the safety of others.
3. ACCESS TO ATTANABLE HOUSING: Connect Avon Now will deliver transit service to
hundreds of affordable housing residents at Buffalo Ridge who currently do not have
transit service.
4. SOCIAL RESPONSIBILITY: Many Avon residents and workers do not own a car and
depend on public transportation to get to work, do their grocery shopping, access medical
care, and obtain public services. Surveys consistently show that about 75% of bus riders
are minority, low income, and /or do not own a car. Expanding transit improves social
responsibility by preserving income which would otherwise be spent on transportation.
S. What about Wildridge, Wildwood, & Mountain Star residents?
Page 2 of 12 f
DIRECT BENEFITS TO THESE RESIDENTS ARE TRAILS IN THE NEIGHBORHOOD
AND PARKING IN TOWN CORE: Direct benefits include trails enhancements in these
neighborhoods and added public parking capacity in the town core. Adding a bike
connection (e.g., lane or path) to Wildridge from Nottingham Road will be a great
amenity. Additional benefits which improve how these residents use the town core area
include reduced traffic, improving road and pedestrian safety, and reduced parking
competition. The beneficial impacts of this project to other residents, to local businesses,
and to the cost - effectiveness of town services will benefit our economy as a whole and
thus also act as indirect benefits. Many residents choose to live in these neighborhoods
for the quiet, natural setting, slower pace, and prohibition on short-term rentals; these
neighborhood characteristics will not change as a result of Connect Avon Now.
2. TRANSIT NOT COST EFFECTIVE AT THIS TIME: Transit experts evaluated extending
bus service to Wildridge and Wildwood in 2009 but found that doing so would not be cost -
effective, at least not in the near -term. Connect Avon Now focuses on the next 10 -15
years of improvements. Even the most economical scenario would cost about $22 per
passenger -ride, much higher than the town's other existing and planned service (which is
under $3 per passenger- ride), and even more than a private taxi. The high unit cost of
transit in these neighborhoods is because of the low density, larger distance and steep
terrain of the route, and low potential ridership. Creation of a park -n -ride type transit
connection for Wildridge, Wildwood, and Mountain Start residents may be warranted in
the long -term and could be done as a later project.
6. How will the local economy benefit from this project?
Connect Avon Now offers many direct and indirect benefits to the local economy. For example:
1. BENEFIT BUSINESS: Connect Avon Now will increase "customer traffic" for local
businesses by creating a consistent and reliable transit and trail linkages between Avon's
core area and Beaver Creek Village, establishing public parking, and increasing pedestrian
connectivity throughout town. Expanding transit service to workers in Avon increases
business access to a wider labor pool and frees -up existing parking spaces for customer
use. Businesses that cater to recreational tourists, such as ski /bike shops, restaurants,
and lodges, will additionally benefit from the added trails and pedestrian amenities
included in Connect Avon Now.
2. CREATES JOBS: Implementation of Connect Avon Now would stimulate the local
economy and create both permanent jobs and construction - related jobs. Approximately
860 jobs would be created by this project during the next 10 -15 years. Additional
economic stimulation by the private sector is also expected.
3. ENCOURAGES PRIVATE DEVELOPMENT: Connect Avon Now compliments the West
Town Center Plan and encourages private investment and development throughout Avon.
Avon's urban renewal efforts will depend on how successful Avon is in creating the
transportation infrastructure necessary to implement "park once, shop many" philosophy.
4. IS SUSTAINABILE: Connect Avon Now is not a stimulus project - it is an investment in
permanent infrastructure. The benefits from the project are sustainable. Long -term
operating, maintenance, and replacement costs have all been factored in and can be paid
Page 3of12
18
for by the funding mechanism as proposed. These transportation improvements are
permanent investments which will benefit this community for decades.
5. EXPANDS POTENTIAL FOR TOURISM: Our economy depends heavily on recreational
tourism. Tourists visit areas which are easy to get to and fun to be at. While we expect
this area to draw an increasing number of visitors every year, we expect a greater
reliance on shuttles, bus transport, and the use of Eagle Airport due to the significant
congestion on I -70 from Denver. Avoiding renting a car frees up vacation spending
money. Avon will be positioned to attract more recreational visitors to come and enjoy a
fun and safe vacation.
7. Why do we need to do this now? Why not wait until the economy turns
around?
In short, the community has been requesting the improvements including in Connect Avon Now
for many years. The longer we wait, the more it will cost and the harder it will be to implement.
1. MANY PLANS AND STUDIES DONE: We have been studying our community's
transportation needs for years. The Avon community has consistently expressed its
desire for expanded transit service, added public parking, new recreational trails, and
better pedestrian /bicycle connections. This is evidenced in the 2009 Community
Survey, 2009 Parks Survey, and at public meetings and open houses between 2006-
2009.
2. NOTHING HAPPENS OVERNIGHT: Bus service extensions could start in 2011,
however, it will take many years to design and construct the proposed capital
improvements. For example, if Connect Avon Now was approved in November 2010,
the soonest that a new underground parking garage would be in service would be
about 2015. This is because of the time involved to plan, design, permit, and
construct real property.
3. COSTS ARE ONLY LIKELY TO RISE- Initiating design and construction work starting
in 2011 will allow the town to take advantage of current lows in labor and materials
costs. As the economy rebounds and interests rates rise, construction costs are only
likely to rise.
4. IMPLEMENTING NOW MINIMIZES COST TO LOCALS and best assigns cost to
guest- visitors and future residents - for whom the enhanced transportation system will
greatly benefit. Because two - thirds of the town's sales tax revenue is imported, locals
will only contribute $0.33 for every $1 collected and spent on this project, with a net
new cost of only about $3.40 /month in additional sales tax. In comparison, one latte
is about $3.50 and an ECO bus round -trip is $6 per day. Second home owners or
absentee landowners will share in the project cost via the mill levy component, which
is only $15 per month on an assed value of $500,000. And because the mill levy will
be phased in to replace two existing retiring mill levies, the average home owner will
not see any increase to their property tax and most will see a net decrease by 2017.
As proposed, the cost burden of Connect Avon Now on local residents is minimized and
very reasonable for the extent of services and infrastructure to be delivered.
Page 4 of 12 1
5. THIS IS THE CALM BEFORE THE STORM. Avon and our surrounding neighbors are
now poised for growth and development when the national economy picks up. The
public's vision for development, as described in the Avon Comprehensive Plan and
already included in existing land entitlements, will result in a Vail - Village level of urban
density. Pressure on public parking will sky- rocket in the next few years when Vail
Resorts expands the ski area and also starts charging for parking. If we don't establish
funding for transit, trails, and parking now, we are accepting even greater costs to
expand the road and parking systems and /or try to add trails or bus -stops after -the
fact.
6. LOCAL VOTERS SHOULD DECIDE LOCAL ISSUES. Colorado's Tabor law already
puts strict requirements on local governments with respect to financing public projects.
If proposed state initiatives 60 and 61 pass, they will significantly hinder the Avon's
ability to implement this project and any other capital project requiring debt -based
financing. If Avon voters support Connect Avon Now in November 2010, it can move
forward regardless of the outcome of the state initiatives.
7. IT IS TIME TO TAKE ACTION: Town management implemented stop -gap financial
strategies in 2008 and 2009 to ebb the rising cost of transit. Operation of the existing
system can not be sustained as -is and service cuts will be required in 2011 if action is
not taken in November 2010. The public should be given the opportunity to decide
whether to take pro- active steps to make significant improvements in Avon's
transportation connectivity and efficiency, and to dedicate funding to this effort.
S. Why not wait until Avon settles its law suit with Traer Creek Metro
District?
Settlement of the existing law suit will have no effect on Connect Avon Now. The
long -term transportation needs and means to fund improvements throughout Avon will
not change. Settlement of the law suit will only shore -up the Town's ability to cover the
existing operations cost of police, public works, and other municipal services currently
provided to the Village at Avon (VAA) development area.
Connect Avon Now puts the power to create bus service to VAA directly in the
hands of the voters. To date, the District has not opted to pay to add new bus service
to connect the Buffalo Ridge Affordable Housing Complex and Wallmart (in VAA) to the
town core. A sales tax increase will likely be needed there to generate sufficient funds to
pay for added transit service. The town does not believe that the District will agree to do
this any time soon. Yet there is a high need for these connections now. When the town
ran demonstration service on this route in 2006 -2007, an average of about 600 riders per
day boarded at these VAA stops. When the demonstration service was stopped in April
2007, there was a public outcry by affordable housing residents and non - riders alike. If
Connect Avon Now is approved by voters, bus service will be established and the
associated sales tax and mill levy revenues generated in VAA will be remitted
directly to the Town to pay for this service. This project allows Avon to move
forward with transportation improvements consistent with the long -term cohesive vision
for the town and to insure that such improvements are paid for and sustainable into the
future regardless of how the immediate law suit is settled.
9. How much will this project cost?
Page 5 of 12 20
There are both capital and operating costs associated with this project. Expanding transit
service requires purchase of new buses. Construction of a new parking garage, bus shelters,
and other facilities also requires capital. There are on -going costs for fuel, labor, maintenance,
repairs, and vehicle replacement. The total estimated cost of this project through 2020 in
present day dollars is about $66 million (or about $6.6M /year). The breakdown of this cost is
shown below:
Trails
Capital 13 °°
Cost
41% 0 &M Transit
Costs
A
59% Parking =i 49%
38%
10. How can we pay for this?
A small increase in taxes will generate sufficient funds to pay for Connect Avon Now. Financial
modeling performed by Stan Bernstein and Associates indicates that the following local sources
and amounts are best matched to the needs and benefits of this project:
• Continued subsidy for Avon Transit operations from the General Fund of $1,100,000 /yr or
9% of General Fund revenues, whichever is less
• Sales tax increase of 0.85%
• Replacement of existing mill levies totaling 4.50 mills'
• Continued fare -free transit service
• Continued free on- street 2 -hour parking
• Pay -in -lieu developer contributions for parking
• Reasonable structured parking fees for extended stays
• State and federal grants /contributions for larger capital projects
These sources would generate new revenue at a level approximately equal to the projected
project costs. The new revenue projections include an assumption that Avon will incur economic
growth and development at an average rate of about 2.2% per year. If less growth occurs, then
less project components can be implemented, and vice versa.
The proposed tax changes would be phased in over time to match the cash -flow needs of the
project. Initially, these new sources will generate about $1,100,000 new revenue in 2011. By
2020 when the maximum 4.50 mill levy is assigned to this project, it will generate $4,020,000.
This higher amount is needed to meet debt service requirements of the capital construction
included in the project but will remain relatively fixed relative to inflation and population growth
into the future.
1 Which would otherwise expire in 2011 and 2017 for the Avon Metro District and roundabout financing.
Page 6 of 12 °0
Connect Avon Now project costs translate to the
average Avon family of about $3.40 /month in
additional sales tax and no observed change in real
estate tax paid (i.e., continued payment of about
$15 /month). 2 As a funding mechanism, sales tax has the
advantage of generating about $3 for every $1 contributed by
Avon residents. This is because about two - thirds of all sales
tax revenue us imported into the area from outside of Eagle
County (e.g., visitor spending).
Source of Sales Tax Per Dollar Received
Guest!
$0.67
Bus service, on- street public parking, and trail usage will continue to be fare -free. Parking in a
structured parking garage will be fee - based, with discounts for Avon residents and businesses.
Note too that the Town will continue to seek state and federal grant funding for eligible project
elements (e.g., bus purchases, sidewalks construction). Grant funds help to leverage local
dollars, however, grants have historically covered less than about 10% of the Town's funding
need. Pay -in -lieu contributions from private development will be an option to complete their
parking requirement while assisting to pay for a public structured parking garage. The project
generates a fund balance for each major component (transit, parking, trails) that then can be
used as local match for grants and private - public partnerships to build the scheduled
improvements and pay for on -going operation and maintenance.
Why not use other funding mechanisms?
No existing revenue sources to the town are available for this project. Avon did consider several
other new funding mechanisms. The town evaluated charging a fare on the Avon bus system
but found that the added revenue was insufficient to outweigh significant disadvantages (e.g.,
slows down service, making the system less guest - friendly, adds capital and operating costs to
handle money). Bus fares would only cover about 15% of transit's operating costs and would
not fund parking, pedestrian, or bicycle improvements. A new hotel /motel tax would not raise
nearly enough revenue while also remaining reasonable. A use tax was viewed as too volatile
for this project because of its dependence on housing starts and other real estate development.
Avon believes that important project goals of "growth should pay for growth ", "guests should
pay their fair share ", and "the resulting benefits should be financially sustainable" were best met
with a blend of new revenue from sales tax and a mill levy. Guest spending represents about
2 /3rd of received sales tax dollars. Mill levied revenues are received on second homes as well as
primary residents and are a relatively stable funding source. Both sales tax revenue and mill
levied revenues will increase in proportion to economic growth and development in Avon and will
help meet sustainability objectives.
11. Will the taxing mechanisms apply in the Village at Avon?
Yes: The associated sales tax and mill levy revenues generated in VAA and dedicated to this
project will be remitted directly to the Town. Sales tax revenue generation from the existing
and future retail stores in the VAA is expected to be more than sufficient to cover the added cost
of bus service connectivity to this area. This project offers the public the opportunity to create
and fund bus service in this situation where the developer may never elect to do so.
2 Assumes the average family owns a home valued at $500,000 and spends an average of $400 /month in retail purchases in Avon Town limits.
Page 7 of 12 0�
12. Will the taxing mechanism apply in Beaver Creek Metro District?
No because they are outside the Avon Town Limits.
13. How much revenue would be generated from the different areas of
town?
Two charts below show the approximate amounts of revenue derived from sales and property
taxes collected in different geographic areas of Avon. About 81% of the revenue will be derived
from the town core and Village at Avon areas, where urban -style development already exists or
is planned.
46%
Source of Project Revenue
:10/
1
2
■3
■4
as
■6
7 (outside limits)
• How will our resulting tax structure compare to other Colorado Mountain
areas?
An increase of 0.85% would result in a total
sales tax within the Avon Town Limits of
9.25 %.
One argument against raising Avon's sales tax
is that it potentially could create an un -level
playing field with nearby business competitors
that don't incur that sales tax. Note that Avon
already has a tax advantage over nearly all
other Colorado towns and cities (including Vail,
Eagle, Gypsum) because Avon does not have a
Use Tax. If Avon had a use tax, then the town
would receive tax revenue from goods
purchased elsewhere but used here in Avon.
Similar Towns
Total
Effective
Sales Tax
Rate
Building
Materials
Use Tax
Rate
Aspen
9.00%
2.1%
Awn
Current
8.40%
0%
With Connect Awn Now
9.25%
0%
Beaver Creek
9.75%
0%
Crested Butte
8.50%
4%
Frisco
7.775%
0%
Glenwood Springs
0%
Meadows Shopping District
10.10%
0%
Other areas
8.60%
0%
Silverthorne
7.775%
0%
Snowmass Village
10.40%
0%
Steamboat Springs
8.40%
4.5%
Telluride
8.40%
0%
Vail
1 8.40%
1 4%
Page 8 ot` *&o applied to motor vehicles. q,
o�
14. How would a sales tax increase affect my business?
NO SIGNIFICANT IMPACT will be felt by businesses located in Avon. Those businesses that
already charge sales tax on their product or service will continue to do so, and this tax will
increase slightly (85� on a $100.00 purchase).
NO CHANGE IN COMPETITIVE POSITION: Avon businesses who sell taxable goods are
already at a slight disadvantage with their county - located competitors because Avon does not
have a Use Tax. This situation would not change as a result of this project. {A use tax is applied
to goods purchased outside town limits and imported in. Vail, for example, has a 4% Use Tax
on building materials; Steamboat Springs's Use Tax is also applied on motor vehicles. Both ski
towns derive significant revenue from this. Had a 4% use tax been in place in Avon in 2008, the
town would have realized over $8,000,000 in revenue from the construction sector alone which
could have been used to pay for this project and other public services.}
15. How might this project get approved?
VOTER APPROVAL will be required to approve this project. For Tabor reasons, two separate
ballot questions would be necessary. The first question would likely be for a tax increase to
generate the revenues to pay for the project. The second question would be to allow the town
to issue debt to finance construction of the larger project components. It is essential that both
questions pass. The Town can not issue debt without a new tax -based revenue stream to pay off
this debt. Ballot question language will be developed after the public input is received. The
Town would like to give Avon voters the opportunity to vote on this in November 2010. Note
that state initiatives 60 and 61 may take away or significantly hinder the town's opportunity to
do debt -based financing for capital projects. If Connect Avon Now passes this year, the
preferences of Avon voters regarding this project will take precedent over the state initiatives.
16. What happens if this ballot measure doesn't pass?
NO BENEFITS: If the November 2010 ballot questions do not pass, or if Connect Avon Now is
never implemented, the transportation improvements and associated benefits described here will
simply not occur.
LIVABILITY IMPLICATIONS: The transit - oriented and sustainability focused land plan that
Avon has adopted will not function very well without reasonably frequent transit service, public
parking, and trail connectivity. Automobiles and roads will be the primary means of
transportation and the retail areas will remain disjointed and un- walkable for the foreseeable
future. Inadequate parking and additional surface parking lots can be expected.
ECONOMIC IMPLICATIONS: Connect Avon Now will create abetter overall cost - effectiveness
and sustainability of transit service. At present, the Town's General Fund currently subsidizes
transit but transportation operations costs are rising faster than the town's revenues. This trend
is seen nationally due to high fuel costs, high demand for buses, and increased complexity of
maintenance. In 2007, this equated to $1,315,000 /yr or 9.8% of the Town's General Fund
expenditures. By 2010, the cost for the same level of service rose to $1,791,OOOyear or 12.9%
of the Town's General Fund expenditures. Unfortunately, service cuts had to be instituted in
order to maintain the fund balance policy. But for the future, Avon needs to expand transit in
order to be consistent with the adopted land plan which results in a walkable village environment
and less dependence on the automobile. A dependable funding source for transit, parking,
Page 9 of 12
pedestrian, and bicycle improvement is needed now in order to achieve this vision. However, if
Connect Avon Now is not implemented:
17.The Town may need to reduce or eliminate bus service altogether in order to balance the
expenses against revenues.
18.Contributory funds to share in the cost of the skier shuttle to Beaver Creek may not be
available; residents and guests will depend on the ski company for continued bus transit
and available parking along Highway 6.
19.The Town may consider proceeding to establish a Use Tax, consistent with neighboring
towns, and to assist in sustainably funding the existing transit system as it is.
20.Real estate development may stall because projects will have a difficult time meeting
increased traffic and parking quotas necessary if transit is inadequate or non - existent.
21.Significant traffic and parking congestion issues will likely develop.
22. What if Eagle County (ECO Transit) forms an RTD?
NO IMPACT: Functionally, Avon's transportation needs do not change if ECO forms an RTD.
The ECO system is designed to serve riders along the I -70 and Hwy6 and 24 corridors; ECO's
system is financially supported about 80% by a dedicated sales tax and 0% by bus fares ($3-
5 /ride). Avon Transit's fare -free system is still needed to serve bus stops within Avon town
limits. Workers and guests alike depend on continued operation of Avon's "circulator system ".
Financially, the maximum possible rise in sales tax to fund an ECO -RTD would be an increase of
0.50 %. Even if ECO agreed to provide a proportional rebate to towns with existing transit
systems, Avon would receive less than half of what is needed to fund Avon Transit today and no
funds would be received at all to expand the bus system, build parking, or add pedestrian and
bicycle connections in Avon.
NO REASON TO WAIT: In a parallel effort, the County is looking at improving the cost -
effectiveness of ECO Transit because that agency's costs for its current level of service
significantly exceed their current funding ability. An evaluation process involving all of the local
agencies, mayors, managers, and technical staff is currently going on. The outcome of that
evaluation is not likely to have any impact on Avon Transit.
Page 10 of 12 �Ls
• What is the financial plan for this project?
Financial modeling has been performed based on the project components described here with
the approximate schedule as shown on the last page. New revenues would be generated at a
level approximately equal to the projected project costs, as shown in the tables below. The new
revenue projections include an assumption that Avon will incur economic growth and
development at an
average rate of
about 2.2% per
year. If less
growth occurs, then
less project
components can be
implemented in the
same time period,
and vice versa.
Estimated Cost
Breakdown
A. For 10 years (2011 through 2020) of capital investment and annual operation and maintenance expenses. Assumes inflation and
growth in revenue approximately cancel each other out during this time.
B. The average annual transit operations cost includes the cost of operating the existing and new routes, leasing new /replacement
buses, and operating the Riverfront gondola.
C. Project funding is sufficient to let a total of $20,000,000 in bonds for a parking garage which would likely be constructed in 2
phases and paid for over a 15 -20 year period (i.e., not a 10 -year period).
D. Not all of the targeted $7,050,000 of trail - related improvements can be paid for directly by the Town of Avon. The proposed
funding mechanism provides sufficient funds for small locally- constructed projects and Avon's estimated contribution to larger
projects that would involve funding from additional stakeholders (e.g., CDOT, private developers) and grants.
Estimated Revenue Breakdown
Capital Cost
Average Annual
O &M Cost
Present Value
Transit
$250,000
$3,200,000"
$32,250,000
Parking
$20,000,000c
$500 000
$25,000,000
Trails
$7,050,OOOD
$150,000
$8,550,000
Total
$27,300,000
$3,850,000
$65,800,000
A. For 10 years (2011 through 2020) of capital investment and annual operation and maintenance expenses. Assumes inflation and
growth in revenue approximately cancel each other out during this time.
B. The average annual transit operations cost includes the cost of operating the existing and new routes, leasing new /replacement
buses, and operating the Riverfront gondola.
C. Project funding is sufficient to let a total of $20,000,000 in bonds for a parking garage which would likely be constructed in 2
phases and paid for over a 15 -20 year period (i.e., not a 10 -year period).
D. Not all of the targeted $7,050,000 of trail - related improvements can be paid for directly by the Town of Avon. The proposed
funding mechanism provides sufficient funds for small locally- constructed projects and Avon's estimated contribution to larger
projects that would involve funding from additional stakeholders (e.g., CDOT, private developers) and grants.
Estimated Revenue Breakdown
30
3 25
Average
Annual
Revenue
Present
Value'
Sales Tax IncrementF
$2,174,400
$34,309,000
Mill Levy
(phased in)
$894,700
$16,197,000
Continued GF Subsidy
$1,100,000
$16,500,000
TOTAL
$4,169,100
$67,006,000
30
3 25
o20
With CAN
� ■Without CAN
15
!°
i
° 5
Mill Levy 2010 Mill Levy 2015
E. For approximately15 years 2011 through 2025.
F. The sales tax would be raised by an increment of 0.85% starting in 2011. The items for which sales tax is currently charged
would not change.
G. A total of a 4.50 mill levy increment would be phased in to replace existing levies totally 4.793 that will be retiring. This would
occur in approximately two equal steps during the years 2011 and 2017 (for a net reduction of 0.293 mills compared to today).
Page 11 of 12
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MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 23, 2010
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One
Lake Street, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 6:00 PM. A roll call was taken and Council
members present were Brian Sipes, Dave Dantas, Kristi Ferraro, Amy Phillips, and Buz
Reynolds. Rich Carroll was absent. Also present were Town Attorney Eric Heil, Town Manager
Larry Brooks, Deputy Town Clerk Catherine Haynes, Town Engineer Justin Hildreth, Assistant
Town Manager Finance Scott Wright, Assistant Town Manager Community Development Sally
Vecchio, Sergeant Jonathan Lovins, Meryl Jacobs Recreation Director, Jaime Walker,
Community Relations officer as well as members of the public.
COMMUNITY / CITIZEN INPUT
Danita Chirichillo, Special Events Supervisor, gave an update on the Avon Egg Hunt Event
which is held on April 3 from 10 am —12 Noon which is the largest egg hunt in county.
DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
There were no changes to the agenda and no conflict of interest.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the consent agenda. Councilor Ferraro moved to approve
the consent agenda; Councilor Dantas seconded the motion and it passed unanimously by
those present (Sipes abstained; Carroll absent)
a. Minutes from March 9, 2010
NEW BUSINESS
The Intergovernmental Agreement for Law Enforcement Services within Other Municipalities in
Eagle County was presented by Jonathon Lovins, Sergeant. Sgt. Lovins provided a review of
the Mutual Aid Agreement for the Provision of Law Enforcement Services. Mayor Pro Tern
Sipes moved to approve the IGA for Law Enforcement Services within Other Municipalities in
Eagle County. Councilor Phillips seconded the motion and it passed unanimously by those
present. (Carroll Absent)
RESOLUTIONS
Shane Pegram, Project Engineer, presented Resolution No. 10 -08, Series of 2010, Resolution
Approving a Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1,
Benchmark at Beaver Creek, Town of Avon, Eagle County. He noted that this Condominium
Map resubdivides the existing Avon Mini Storage, located at 431 Metcalf Road, into two distinct
condominium units and common elements. Councilor Phillips moved to approve Resolution No.
10 -08, Series of 2010, Resolution Approving a Condominium Map of Avon Mini Storage
Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County.
Councilor Ferraro seconded the motion and it passed unanimously by those present (Carroll
Absent)
Scott Wright, Assistant Town Manager Finance, presented Resolution No. 10 -10, Series of
2010, Resolution to Amend the 2010 Town of Avon Budget. He reviewed the resolution
amending 2010 budget cuts in light of $1.1 million shortfall in revenues due to non - payment of
municipal services and sales tax shortfall invoices by Traer Creek Metropolitan District. Michael
Lindholm, Traer Creek LLC RP, requested that he be able to provide public input at this time
and asked if the budget shortfalls were related to the economy and not only to Traer Creek's
nonpayment of municipal services and sales tax shortfall. Members of the Council explained
that the Town manager had made budget amendments last year to compensate for the
economic downturn. After this brief discussion, Councilor Dantas moved to approve Resolution
No. 10 -10, Series of 2010, Resolution to Amend the 2010 Town of Avon Budget Review
resolution amending 2010 budget cuts in light of $1.1 million shortfall in revenues due to non-
payment of municipal services and sales tax. Councilor Ferraro seconded the motion and it
passed unanimously by those present (Carroll Absent)
Mayor Wolfe presented Resolution No. 10 -11, Series of 2010, Resolution of Town of Avon
Appointing Representatives to Upper Eagle Regional Water Authority. He noted that this
Resolution appoints Town Council Member Kristi Ferraro to be the designated principal member
of Upper Eagle River Water Authority and the Town Engineer Justin Hildreth as the designated
alternate member to serve in the absence of the designated principal member to the Upper
Regional Water Authority. This action was taken in light of Mayor Pro Tem Sipes notice that he
can no longer serve on the board. Councilor Dantas moved to approve Resolution No. 10 -11,
Series of 2010, Resolution of Town of Avon Appointing Representatives to Upper Eagle
Regional Water Authority. Councilor Reynolds seconded the motion and it passed unanimously
by those present (Carroll Absent).
ORDINANCES
Matt Pielsticker, Planner II, presented Ordinance No. 10 -04, Series of 2010, Second Reading,
Ordinance Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood
Subdivision, to Allow Short Term Rental Use. He noted that the Brookside HOA submitted an
application to amend the Brookside PUD to permit Short Term Rentals as a use by right on Lots
2 and 3 of the development. Councilor Phillips moved to approve Ordinance No. 10 -04, Series
of 2010, Second Reading, Ordinance Approving an Amendment to the Brookside PUD, Lots 2 &
3, Eaglewood Subdivision, to Allow Short Term Rental Use. Councilor Dantas seconded the
motion and it passed unanimously by those present (Carroll absent).
Matt Pielsticker, Planner II, presented Ordinance No. 10 -05, Series of 2010, Second Reading,
Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station
Subdivision, to Allow Short Term Rental Use. He noted that the Canyon Run HOA submitted an
application to amend the Canyon Run PUD to permit short term rentals as a use by right on Lot
4 of the development. It was noted that the property is 70 residential units and approval was
received from the homeowners. Councilor Ferraro moved to approve Ordinance No. 10 -05,
Series of 2010, Second Reading, Ordinance Approving an Amendment to the Nottingham
Station PUD, Lot 4, Nottingham Station Subdivision, to Allow Short Term Rental Use. Councilor
Phillips seconded the motion and it passed unanimously by those present (Carroll absent).
APPEAL BY TRAER CREEK PLAZA, LLC
Mayor Wolfe presented the Appeal by Traer Creek Plaza, LLC concerning the Traer Creek
Plaza, LLC Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal
Code. Eric Heil, Town Attorney, gave a brief overview of the Town Clerk's decision not to place
the item on the council agenda. The matter was reviewed on February 23, 2010 with
representatives from Traer Creek, the Town Council and Town Staff. The record provided was
reviewed by the Town Council who took action to close the record with certain additions and
corrections requested by the Town Attorney and with direction to town staff and Traer Creek
Plaza, LLC to provide proposed written findings for the town's consideration. .
Regular Council Meeting Page 2 of 3
10.03.23.doc
Mayor Pro Tern Sipes moved to approve the Appeal concerning the Traer Creek Plaza, LLC
Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal Code as
written with the addition into 6 (f) as follows:
M Final Decision "Based on the findings stated above, the Town Council upholds the
decision of the Town Clerk to not place the Traer Creek Plaza Condominium Subdivision
application on the agenda of a Town Council meeting because the Town Council finds that the
Application does not provide the required amount of accessory parking to serve the building or
use within the same ownership or possession as the building or use that such accessory
parking serves, and therefore, the application is not in compliance with the applicable standards
of the Municipal Code. Pursuant to Section 16.12.050 of the Municipal Code, the application as
submitted is not entitled to be placed in a meeting agenda of the Avon Town Council for
consideration by the Town Council ".
Councilor Ferraro seconded the motion and it passed unanimously by those present (Carroll
absent).
There being no further business to come before the Council, the regular meeting adjourned at
7 PM.
RESPECTFULLY SUBMITTED:
Catherine Haynes, Deputy Town Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
10.03.23.doc
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. V' sx
From: Justin Hildreth, P.E., Town Engineer �-
Shane Pegram, P.E., Engineer II
Date: April 7, 2010
Re: Thrasher LLC Construction Contract Award — Nottingham Lake Fishing Pier
Summary: Thrasher, LLC from Eagle, CO provided the low bid for construction of the Nottingham
Lake Fishing Pier and access trail in the amount of $89,507. Staff recommends approval of the
construction bid submitted by Thrasher, LLC for the Nottingham Lake Fishing Pier Project.
Discussion: The Advertisement for Bid for the Nottingham Lake Fishing Pier Project was posted on
the Town's web page, and advertised in the local newspaper for three weeks. Eight bids were
received on April 5, 2010. All eight bids were in conformance with the contract documents.
The bids ranged from a high bid of $137,207.87 to Thrasher's low bid of $89,507. All contractors
submitted conforming bids and bid bonds in the amount of five percent of total bid. A bid summary
sheet is attached as Exhibit A. Staff recommends award of the construction contract to Thrasher,
LLC on the basis of lowest qualified bidder and the bid is within the project budget.
Financial Implications: In 2008 and 2009 the Colorado Division of Wildlife (DOW) approved the
Town of Avon's (TOA) application for grant funding through the DOW's "Fishing is Fun" program.
The total TOA project budget is $180,000. The DOW grant will reimburse the town up to $101,700,
but reimbursements will not exceed 64% of total project costs.
The bids came in lower than expected based upon cost estimates for grant funding completed in
2008. Staff will determine if the DOW will participate in funding for additional improvements near the
fishing pier to utilize unspent grant monies. Table 1 is a breakdown of the previously proposed
budget and the actual budget.
Table 1
Budget Item
Original
Budget
Revised
Budget
Pier Design
$ 12,000
$10,000
Pier Construction
$ 150,000
$90,000
Pier Access Trail
$ 15,000
--
Soil Investigation
$ 3,000
$3,000
Contingency /Other
Improvements
$77,000
Total
1 $180,0001
$180,000
Recommendation: Approve the construction bid submitted by Thrasher, LLC for the Nottingham
Fishing Pier Project in the amount of $89,507.
Proposed Motion: Move to approve the construction bid submitted by Thrasher, LLC for
construction of the Nottingham Lake Fishing Pier in the amount of $89,507.
Town Manager Comments:
Attachments:
Exhibit A — Nottingham Lake Fishing Pier Project Bid Summary Sheet
• Page 2
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Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Assistant Town Manager A'4- 5 V.
From: Justin Hildreth, P.E., Town Engineer
Jeffrey Schneider, P.E., Project Engineer
Date: April 5, 2010
Re: Community Heat Recovery Project Construction Contract Award
Summary: This memorandum is to award the construction contract for the Avon Community Heat
Recovery Project to GE Johnson, Inc. This project will utilize the heat energy in treated wastewater
effluent from the Avon Waste Water Treatment Facility (WWTF) to heat the Recreation Center
swimming pools and eventually provide energy for the snowmelting of Main Street. The project
consists of installing pumps, heat exchangers, process piping, and other new equipment in a
building at the Avon WWTF and trenching heat supply and return lines to another new building to be
located immediately east of the Recreation Center. The project is partially funded by a grant from the
Governor's Energy Office through the Colorado Department of Local Affairs (DOLA) and is being
conducted in partnership with the Eagle River Water and Sanitation District ( ERWSD). Staff
recommends awarding the construction contract for the Avon Community Heat Recovery Project to
GE Johnson, Inc., for a Base Bid not to exceed $ 3,576,850 without prior written approval.
Previous Council Action:
• April 28, 2009: Town Council approved the grant agreement with DOLA
• May 26, 2009: The intergovernmental agreement between ERWSD and Town of Avon
(TOA) was approved
• June 23, 2009: The Design Services Contract was awarded to Camp, Dresser, and McKee,
Inc. (CDM)
• November 10, 2009: Project update given to Council
• November 24, 2009: Adoption of 2010 Town of Avon Capital Improvements Program
budget
• February 9, 2010: Project update given to Council
Discussion: Advertisements in the Vail Daily, Eagle Valley Enterprise, Denver Post, and the Town
of Avon website, combined with outreach and invitations, garnered statewide contractor interest in
the project. The Avon Community Heat Recovery Project received six bids from qualified
contractors. The project bid tabulation is attached as Exhibit A. All contractors submitted bids in
accordance with the contract documents, with base bid prices ranging from $3,576,850 to
$4,322,696. The Engineer's Opinion of Probable Cost, prepared by CDM, was $3,565,483, only
slightly below the low bid price.
The Construction Documents included a Bid Alternate 1, which was to provide a full service contract
equivalent to an extended warranty for the Heat Pump for operating years 6 through 20. Staff
recommends rejection of Bid Alternate 1, since the addition of an approximately $200,000 Alternate
exceeds the project budget. Staff recommends award of the Avon Community Heat Recovery
Project construction contract (base bid only) to GE Johnson, Inc., for an amount not to exceed
$3,576,850 without prior written approval.
Financial Implications: The 2010 CIP budget contains a total of $3,794,206 for construction of the
Heat Recovery Project. A preliminary construction budget is shown in Table 1 below. Note that the
contingencies for the project are very low at 3.8 percent. Ideally, the contingencies for a project of
this nature should be between 5 and 10 percent. Town Staff is in the process of approaching DOLA
for additional grant funding, and after award, will negotiate with the selected contractor for value
engineering opportunities, hopefully further reducing construction costs.
Table 1: Heat Recovery Construction Budget
Line Item
Amount
Construction Contract
$ 3,576,850
Railroad Crossing
$ 70,000
Testing /Administration
$10,000
Contingencies (3.8 %)
$137,356
Totals
$ 3,794,206
Attachments:
Exhibit A — Avon Community Heat Recovery Project Bid Tabulation
Town Manager Comments:
• Page 2
EXHIBIT A
Avon Community Heat Recovery Project Bid Tabulation
Bid Opening 3/30/10, 4:00 PM
No.
Firm
Base Bid
Bid Alternate
Total Bid
with
Alternate
1
GE Johnson
$3,576,850
$305,464
$3,882,314
2
Gould Construction
$3,663,500
$199,000
$3,862,500
3
Velocity Construction
$3,863,681
$227,102
$4,090,783
4
Glacier Construction
$4,322,696
$205,000
$4,527,696
5
RN Civil Constructors
$3,985,000
$180,000
$4,165,000
6
IRA Nelson
1 $4,107,1761
$180,000
$4,287,176
7
1 Engineers Estimate
1 $3,565,483
N/A
N/A
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Assistant Town Manager
From: Justin Hildreth, P.E., Town Engineer
Jeffrey Schneider, P.E., Project Engineer
Date: April 5, 2010
Re: Resolution No. 10 -13, Series of 2010, A Resolution of Support for a Colorado
Department of Transportation (CDOT) Enhancement Grant Application for
Construction of Recreational Trail Improvements Along U.S. Highway 6
between Avon Road and the Eagle -Vail Interstate 70 Interchange, Town of
Avon, Eagle County, Colorado
Summary: This memorandum is to present Resolution No. 10 -13, Series of 2010, A Resolution of
Support for a Colorado Department of Transportation (CDOT) Enhancement Grant Application for
Construction of Recreational Trail Improvements Along U.S. Highway 6 between Avon Road and the
Eagle -Vail Interstate 70 Interchange, Town of Avon, Eagle County, Colorado. Town of Avon staff is
preparing an Enhancement Grant application in partnership with ECO Trails and Eagle County to
continue the Eagle Valley Core Trail along the US Highway 6 corridor. Resolution No. 10 -13 is an
official document showing that the Town is in support of the Grant application and is a key evaluation
criterion for award of grant funding. Staff recommends approval of Resolution No.10 -13, Series of
2010, attached as Exhibit A to this memorandum.
Discussion: The Town of Avon values its non - vehicular transportation modes and the expansion of
non - vehicular transportation infrastructure. This notion is reinforced in plans and documents such as
the 2006 Comprehensive Plan, the 2009 Comprehensive Transportation Plan, and the 2001 Eagle
Valley Regional Trails Plan. The latter document, the 2001 Eagle Valley Regional Trails Plan,
portrayed extending the trail through the Village at Avon to Dowd Junction, but the lack of
development has left Town and County staff seeking alternate alignments. Collaboratively, Town
and County staff have partnered to find a creative solution for the residents and guests of Avon and
the entire valley for transportation and recreation. The proposed project's conceptual alignment is
shown as Exhibit B. Staff recommends approval of Resolution No. 10 -13, Series of 2010.
The Core Trail continuation project will be split into two phases: Phase 1 from Avon Road to Post
Boulevard; and, Phase 2 from Post Boulevard to the Eagle Vail Interstate 70 interchange. Phase 1
is located largely within the Town of Avon boundary and will be the primary focal point of the
application. Phase 2 is represented as a future, lower- priority phase. Phase 1 will run along the
north side of US Highway 6 from near the Red House development to Stonebridge Drive, paralleling
the highway with a grade and landscape buffer in spots, and in other areas meandering along the
Eagle River. From Stonebridge Drive to Post Boulevard, the Phase 1 trail will more or less be
located adjacent to the highway. The exact alignment is not determined as the project is not
surveyed and designed. Phase 1 will be located on Town -owned land parcels, on CDOT -owned
right of way, and potentially on easements granted by the Eaglebend Affordable Housing
Corporation. Eaglebend has submitted a letter of support for the project. Phase 2 will have similar
alignment goals to that of Phase 1.
Financial Implications: Preliminary cost estimates for Phase 1 total approximately $900,000.
Starting in 2012, the Town of Avon Capital Projects Inventory contains $250,000 per year in
discretionary funds for Transportation Comp Plan Improvements, for which the proposed Core Trail
connection would be eligible. Available CDOT funds are estimated to be approximately $300,000,
and the Town of Avon will request $300,000 from the ECO Trails Fund to which Avon annually
contributes transportation tax proceeds for purposes of transit operations and trails projects. No
financial commitment would be required of the Town until 2012. Since the project is discretionary, it
will likely only be funded if grant funding is awarded.
Recommendation: Staff recommends approval of Resolution No. 10 -13, Series of 2010, A
Resolution of Support for a Colorado Department of Transportation (CDOT) Enhancement Grant
Application for Construction of Recreational Trail Improvements Along U.S. Highway 6 between
Avon Road and the Eagle -Vail Interstate 70 Interchange, Town of Avon, Eagle County, Colorado.
Proposed Motion: Move to approve Resolution No. 10 -13, Series of 2010, A Resolution of Support
for a Colorado Department of Transportation (CDOT) Enhancement Grant Application for
Construction of Recreational Trail Improvements Along U.S. Highway 6 between Avon Road and the
Eagle -Vail Interstate 70 Interchange, Town of Avon, Eagle County, Colorado.
Attachments:
Exhibit A - Resolution No. 10 -13, Series of 2010
Exhibit B — Project Overview Map
Town Manager Comments:
• Page 2
EXHIBIT A
TOWN OF AVON
RESOLUTION NO. 10 -13
Series of 2010
A RESOLUTION OF SUPPORT FOR A COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT) ENHANCEMENT GRANT APPLICATION FOR
CONSTRUCTION OF RECREATIONAL TRAIL IMPROVEMENTS ALONG U.S.
HIGHWAY 6 BETWEEN AVON ROAD, AND THE EAGLE -VAIL INTERSTATE 70
INTERCHANGE, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Town of Avon acknowledges the value of a regional core recreation trail
system, known as The Eagle Valley Trail, and has supported its construction and maintenance
elsewhere in Avon; and
WHEREAS, Policy G.1.3 of the Town of Avon Comprehensive Plan states to "Require that
commercial, public, and other uses that generate significant traffic are served by transit and
linked by pedestrian bicycle paths to minimize their dependence on automobile travel;" and
WHEREAS, Policy G.1.5 of the Town of Avon Comprehensive Plan states to "Identify and
participate in cost - effective transit partnerships with local resorts and other governmental entities
to include transit connections, buses, and other transportation services and facilities;" and
WHEREAS, Policy G.1.17 of the Town of Avon Comprehensive Plan states to "Acquire
alternative funding sources for operations and capital improvements to the transportation system:
federal /state grants, public /private cost sharing opportunities, etc.;" and
WHEREAS, the Town of Avon Comprehensive Transportation Plan, adopted in October of
2009, recommends that sidewalks or separate paved trails should be incorporated along US
Highway 6; and
WHEREAS, a portion of US Highway 6 between Avon Road and the Eagle -Vail Interstate -70
Interchange has been identified as providing inadequate and potentially unsafe bicycle and
pedestrian facilities; and
WHEREAS, the project has been divided into two phases: Phase I from Avon Road to Post
Boulevard and Phase III from Post Boulevard to the Eagle Vail Interchange; and
WHEREAS, the Town of Avon wishes to participate and prioritize improvements in Phase I of
the project; and
WHEREAS, the Town desires to improve the safety and recreational experience of that portion
of US Highway 6 for its residents and visitors; and
EXHIBIT A
WHEREAS, the Town intends to submit a joint application with Eagle County Regional
Transportation Authority (ECO Trails) for Colorado Department of Transportation (CDOT)
Enhancement Grant Funding to construct the project as Phase I of the three -phase project; and
WHEREAS, ECO Trails, upon approval by the Eagle County Regional Transportation
Authority Board and Board of County Commissioners, appropriates matching funds for core trail
expansion and improvement projects; and is participating in this grant application with the Town
of Avon for Phase I, and requests CDOT funding for Phase II as future availability allows; and
WHEREAS, the Town has appropriated discretionary funds in its 5 -year Long -Range Capital
Improvements Program budget for construction of bicycle and pedestrian projects adequate to
meet the matching funds requirements from local jurisdictions for the grant.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Town Council of the Town of Avon hereby supports the construction of
additional Eagle Valley Trail between Avon Road and the Eagle -Vail Interstate 70 Interchange
on US Highway 6 and wishes to obtain CDOT Enhancement Grant Funding, in partnership with
ECO Trails, to assist with the implementation of Phase I of the proposed project.
ADOPTED April 13, 2010.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
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HEIL LAW
& PLANNING, LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: March 30, 2010
SUBJECT: Mr. Frasco Appeal of RETT Exemption Application Denial
Summary: Mr. Joseph Frasco submitted a real estate transfer tax exemption
application which was denied. Mr. Frasco subsequently submitted a request to appeal
the denial decision to the Town Council. This memorandum provides an overview of
Chapter 3.12 Real Property Transfer Tax and exemption application appeals
procedures.
Background: The original exemption application materials included a Special Warranty
Deed conveying Unit 335, Riverfront Resort ( "Property ") to Joseph Frasco on January
11, 2010, and a Quit Claim Deed conveying the Property from Joseph Frasco to 316
Wall Street Investment, LLC on January 28, 2010. My letter dated February 11, 2010
recognized that the 1 -28 -2010 Quit Claim Deed did not state the consideration properly,
but stated that 50% of the transaction would be exempted if the Quit Claim Deed were
corrected. My letter denied 50% of the transaction because it did not meet the technical
requirements for an exemption set forth in Avon Municipal Code §3.12.060(5).
Appeals Process: Avon Municipal Code §3.12.070(b) provides in part, "Any person
whose claim of exemption is denied may, within thirty (30) days of transmittal of the
decision of the Town Manager, appeal to the Town Council for a determination of such
exemption, and such appeal shall be considered by the Town Council within thirty (30)
days of the first regular Town Council meeting subsequent to receipt of the appeal. A
failure by the Town Council to hear and decide the matter within thirty (30) days of the
first regular Town Council meeting subsequent to receipt of the appeal shall operate as
a decision favorable to the party appealing." Carolina Oliveira sent an e-mail on behalf
of Mr. Frasco, dated March 22, 2010, regarding Mr. Frasco's appeals request. The
Town Council has until April 22, 2010 (30 days after March 23, 2010 Town Council
meeting) to act upon Mr. Frasco's appeal request, otherwise, the appeal shall be
automatically approved.
Town Council reviews the appeals request "de novo," which means that the Town
Council shall consider and apply the language for exemptions to this application rather
than merely reviewing whether there was any rational basis for the Town Manager's
decision to deny the application.
T0: Avon Town Council
RE: J. Frasco RETT Exemption Appeal
DATE: March 30, 2010
Page 2 of 2
Exemption: Avon Municipal Code §3.12.060(5) states, "Transfers made pursuant to
reorganization, merger or consolidation of corporations, or by a subsidiary to a parent
corporation for no consideration other than cancellation or surrender of the subsidiary's
stock, or transfers made to a corporation, partnership, limited partnership, joint venture,
business trust or other association or organization, if that association or organization
is owned by the persons by whom such transfer was made, if such owners have
the same relative interests in such association or organization as they had in the
real property immediately prior to such transfer and there is no consideration
other than their respective interests in the new association; [emphasis added].
Town staff has interpreted this provision broadly to include transfers from a business
organization to a natural person or persons if the property interest received is the same
relative interest as the interest in the business organization. The transfer of the
Property from Mr. Frasco to 316 Wall Street Investment, LLC does not meet the "same
relative interest" definition in Avon Municipal Code §3.12.060(5) because there is
another person who is a member of 316 Wall Street Investment, LLC (Les Samuelson)
who has a 50% ownership interest in 316 Wall Street Investment, LLC. As stated in the
denial letter, Avon Municipal Code §3.12.060 does not provide an exemption for
mistake in transactions.
Town Council Discretion: Town Council must also follow the provisions for exemption
from real estate transfer taxes as set forth in Avon Municipal Code §3.12.060.
Generally, tax laws and TABOR would not be violated by granting an exemption from
taxation which is not expressly authorized; however, a legal precedence for such an
exemption would be established for similarly situated persons. In the event that Town
Council approves Mr. Frasco's appeal and grants the exemption, I would recommend
revisions to Chapter 3.12 to establish parameters and procedures for granting
exemptions based on mistake in transactions. In the alternative, Town Council could
choose to take no action, in which case, the appeals requested would be automatically
granted by default on April 22, 2010.
Requested Decision: Render a decision on Mr. Joseph Frasco's Appeals Request at
the April 13, 2010 regular Town Council meeting.
Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil(gavon.org
From: Carolina [mailto: Operations @lightsonbroadway.net]
Sent: Monday, March 22, 2010 9:37 AM
To: Patty McKenny
Subject: RE: * * ** *SPAM * * * ** RE: Looking forward to be in the next agenda
Hello Patty,
Thank you for the replay. The reason Joe requested to be in the next agenda is regarding a transfer tax
issue on his Westin Riverfront Unit in Avon. He is looking forward to the April 13`h meeting.
Please replay to this email, so we will know he has been placed to the agenda to that date and time.
Thank You!
Carolina Oliveira
AP /AR
From: Patty McKenny [mailto:PMckenny @avon.org]
Sent: Friday, March 19, 2010 9:36 AM
To: operations @Iightsonbroadway.net
Subject: * * ** *SPAM * * * ** RE: Looking forward to be in the next agenda
The next Avon Town Council meeting is April 13, 2010. Please forward the topic that Mr. Frasco would
like to discuss as well as any materials related to his discussion. I think he should plan on being at the
meeting around 5:30 pm that day.
Thanks
Patty McKenny
Assistant Town Manager- Management Services
Town of Avon, Heart of the Valley
w.970.748.4035
email: Pmckennygavon.ora
website: www.avon.ora
From: Carolina [mailto: Operations @lightsonbroadway.net]
Sent: Thursday, March 18, 2010 2:04 PM
To: Patty McKenny
Subject: Looking forward to be in the next agenda
Hello Ms. McKenny,
I would like to request to ad Joseph Frasco to the next agenda. Could you please send me a
confirmation, as well date and time?
Thank you!
Carolina B. Oliveira
Lights on Broadway, Inc.
T: 970.328.5628
F: 970.328.5629
Toll Free: 866.562.1120
www.1ightsonbroadway.net
Lf-
HEIL LAW
& PLANNING, LLC
Eric Heil, Esq., A.I.CP. Office: 303.975.6120
1499 Blake Street, Unit I -G Fax: 720.836.3337
Denver, CO 80202 e -mail: ericheillaw(a)gmail.com
March 16, 2010
Mr. Joe Frasco
P.O. Box 3004
Eagle CO 81631
RE: Application for Exemption from Real Property Transfer Tax
316 Wall Street Investment, LLC.
Dear Mr. Frasco,
This letter is to inform you that if you do not agree with the decision of the Town Manager
on your real estate transfer tax exemption then you are able to request an appeal. Pursuant to
Section 3.12.070 of the Avon Municipal Code, any person whose claim of exemption is denied
may appeal such decision to the Town Council within thirty (30) days of transmittal of the
decision of the Town Manager. Because there may have been some confusion in communicating
the appeals process to you, the Town is providing 30 days from the date of this letter for you to
submit an appeal. Your request for an appeal must be in writing and received by the Town of
Avon by April 15, 2010. Tile failure to receive a written request for appeal by this date shall be
deemed to be a waiver of any right to appeal the decision of the Town Manager.
Please feel free to contact me or Sandra Sodic [970.748.4019] if you have any questions
regarding this letter.
S injperely,
Eric Heil
Avon Town Attorney
Cc: Sam Sodic, Account Assistant II
Via certified mail
5
HEIL LAW & PLANNING, LLC
Eric Heil, Esq., A.t.C.P. Office: 303.975.6120
1499 Blake Street, Unit 1 -G Fax: 720.836.3337
Denver, CO 80202 e-mail: ericheillaw @gmail.com
February 11, 2010
Joseph Frasco
Cell: 970.904.2002
RE: Application for Exemption from Real Property Transfer Tax
Dear Mr. Frasco,
I am denying the real estate transfer tax exemption application you submitted because the
Quit Claim Deed, dated January 28, 2010 transferring the property from you personally as
Grantor to 316 Wall Street Investment, LLC. as Grantee, states the consideration is ""This is
NOT a Boulder County Property"". Avon Municipal Code Sec. 3.12.060(5) requires that no
consideration other than the respective interest in the new association is provided.
I suspect that the language in the January 28, 2010 Quit Claim Deed is in error. If you are
able to correct this Quit Claim Deed with a new Quit Claim Deed, then I will certify that one half
(1/2) of the transaction meets the permitted exemption from real estate transfer tax in accordance
with Avon Municipal Code Sec. 3.12.060(5). Once a corrected Quit Claim Deed is submitted, I
will only approve 50% of the real estate transfer tax exemption application you have submitted
because the transfer of ownership is from 100% ownership by you personally to a 50%
ownership by you as a member of 316 Wall Street Investments, LLC. Unfortunately, Chapter
3.12 of the Avon Municipal Code does not provide any exemption for mistakes in closing;
therefore, neither I nor the Town Manager has the authority to waive the application of the real
estate transfer tax to this transaction in whole.
Please feel free to contact me or Sandra Sodic [970.748.4019] if you have any questions
regarding this letter.
Sincerely,
Eric Heil
Avon Town Attorney
Cc: Sam Sodic, Accounts Receivable
9
Eagle, CO — 02/02/2010
HAND DELIVERED
Attn: Eric Heil. Attorney
Town of Avon, Colorado
Dear Mr. Heil;
As per our discussion on 02/02/2010: January 11'", I purchased Unit #335 located at Westin
River Front Resort. On the morning of the closing, it was my intent to assign the contract to my
LLC name of 316 Wall Street Investments LLC.
In an effort to expedite the dosing, Land Title inquired with the Town of Avon about a property
tax exemption. It was our understanding this transfer could be done exempting the transfer tax.
It was my Intention to transfer this investment from Joseph Frasco to 316 Wall Street
Investments LLC, even before we dosed on the property.
I look forward to working with you to resolve this matter promptly. I have attached supporting
documentation along with my application.
Thank you for your consideration.
Attach/
CO
7
pqq
Land Title
GUARANTEE COMPANY
0090 Benchmark kW
Sub 205
P.O. Box 3480
Avon, CO 81620
910.949 -5M
February 3, 2010
W. Joe Frasco
P.O. Box 3004
Eagle, CO 81631
RE: Your purchase of Unit 335, Riverfront Resort & Spa
Dear Mr. Frasco:
This letter is for the purpose of confirming what occurred at the time you came
into our Avon office to sign the buyer's papers on the above referenced
property.
When you arrived, you expressed the desire to have the ownership of the
property be in an entity name, not your own name. There were some logistical
problems, however, with doing this. So as to not delay the closing, you agreed
to take title in your own name and later convert it into the entity.
When you were in our office for closing, we phoned Sam at the Town of Avon
to deteramme the logistics in getting an exemption from the Town of Avon
transfer tax. Based on the information that was provided, it was my
ii*iderstanding that you would be eligible for an exemption. Sam assisted us
with where we could find the exemption forms on the website.
j believe this accurately represents what occurred the morning of your closing,
but if I can be of further assistance, please let me know.
Sincerely,
e
jiire President
COMPANY
OPERATING AGREEMENT
FOR
315 WALL STREET II1tV STbWfr LLC
This OPERATING AGREEMENT is made and is effective as of February 11, 2008, by
the undersigned parties (the "Members").
WHEREAS, the Members caused to be formed a Limited Liability Company by filing
ARTICLES OF ORGANIZATION (the "Articles of Organization ") pursuant to the Colorado
Limited Liability Company Act;
WHEREAS, the Members desire to adopt this Operating Agreement;
NOW, THEREFORE, in consideration of the agreements and obligations set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Members hereby agrees as follows:
"Members" shall mean any party who executes a counterpart of this Operating
Agreement as a Member and being the Members Les Samelson and Joseph Frasco.
"Members Man
a¢ement" The Members may, each and separately as general agents of
the Company, perform any and all lawful business for the Company, on any terms and conditions
acceptable to the Member acting in the best interests of the Company.
"Capital" Each Member shall contribute equal capital and each with a 50% membership
interest in the Company as agreed upon between them.
"Dissolution"
(a) The Company shall be dissolved upon the occurrence of the written
agreement of either of the Members.
The undersigned hereby agree, acknowledge and certify, that the foregoing Operating
Agreement constitutes the Operating Agreement of 316 Wall Street Investment LLC adopted by
the Members of the Company as of the date the Articles of Organization were accepted by the
Secretary of State.
JESSICA MEIN NOTARY
RST TE
Member:
IN CMV;jB ft "M OMIVOI
rIaye 100 1
0
r_ BAC&F,- COUNTY, CO 200811748
Pas: 2 11:05:12AM 06/04/2008
a -: ? $11.00 DOC: 4
Alter Reoording Return to
316 Wall Sorest Investment. LLC
PO Box M* 5 nay
We, Co 81631
SPBgAL WARRANTY DEED
This Deed, made May 13, 2008
Between Josepb Fresco and Les Samelson as to Parcel A and 316 Wall Street, Inc. A
Colorado Corporation as to Parcel B, ofthe County Eagle, State of COLORADO, grantor(s) and 316
Wall Street Investment, LLC, , whose legal address is PO Box MG, EAgla. Co 81631, County of Eagle,
and State of COLORADO, greates(s) 300 Y
Wl I?MSl1M That the grantor(s). far and in the considendion of the sum of TEN AND 00 /100
DOLLARS Dollars ($10.00 ) the receipt and sufficiency of which is hereby aelmowledged, has granted,
bargained. sold and conveyed, and by these prosena does grant, bargain, sell. convey and confirm. unto the
grantee(,), his heirs and assigns fbraver, all the seal property together with imptnvemants, if any, situate, lying and
being in the County of Eagle. State of COLORADO described as follows:
Pared A:
Lots 15,16,17,18 and 19, Biotic 26, In the Town of McDonald, now known as the Town of Eagle. County of
Eagle. State of Colorado.
Pared B:
Lots 13 and 14, Block 26, Town of Eagle, according to the recorded plat thereof, County of Eagle State of
Colorado.
also lmown by street and number as 316 Wall St/304 Wall St., Eagle, CO 81631
TOGETHER with all end singular hereditaments and appurtenaaeea„ thmamto belonging, or in anywise
appertaining, and the reversion and reversions. remainder end mmaindea, rants issues and profits thereof, and ell
the estate, right. title, interest. claim and demand whatsoever of the grantor, either in law or equity, of. in and to
the above bargained promises, with the bereditements and appurtenances.
TO HAVE AND TO HOLD mid promises above bargained and described, with the appurtanaw
unto the grantee, thohr heft and assigns forever. The grentaft for themselves, their beirs and personal
representatives or woomars, does coverrent and agies dint they shall and will WARRANT AND FOREVER
DEFEND the eboveo4tw5etaed prm kw in the quiet and peaceable possession of the grantee(:), their halts and
assigns, against all and every person or pawns dalming the whole or any part thereat; by, through or under the
e-itm(s)•
The singular number shall Include the plural, the plural the singular, and the use of any gouda abed be
applicable. to all genders.
IN W17NM WHEREOF, the grantor has executed this on the data set forth above.
COUNTY OF Eagle
200sttus i oft
C Y
ME W-0
M—M.6-17M mom
)ss:
was acllorowled before mo May 13, 2008 by Joseph Fresco and Les Samelson and
2e3 of 316 Wall Street, Inc. A Colorado Corporation.
dial "ILL
Michelle L. Dickman
NOTARY PUBLIC
STATE OR COLOMAdjq= NR 0 441100 %793 -0684MI
*00MMIN100 "How
�o
&Mbk A
Pmoel A:
Lott 15,16.17, 17 and 19. Block 26, In the Town ofMeDonald, now kaown as the Town of Beghs, Cm M of Begk,
st oe oft' llmdo
pareol B:
Lots 13 and 14, Bloch 26, Town of Beglg according to *a rceadad pletd Colony of BeOc 8t ft of Colomdo
2008/ 1746 2012
COPY
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that,, according to the
records of this office,
316 Wall Street Investment LLC
is a Limited Liability Company formed or registered on 02/11/2008 under the law of Colorado, has
complied with all applicable requirements of this office, and is in good standing with this office. This
entity has been assigned entity identification number 20081086441.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 01/22/2010 that have been posted, and by documents delivered to this office electronically
through 01/27/2010 @ 15:07:12.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated,
issued, delivered and communicated this official certificate at Denver, Colorado on 01/27/2010 @
15:07:12 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 7559413.
Secretary of State of the State of Colorado
++ r+++++ ++++++ +++++++ + ++++++++ +++++++++ ++++++End of
11L ike A certificate L• ed electeoniad& fmm the Colorado eCcremry a mate'• Web site is fully and immediarely valid and effective. However.
as an option, the Issuance and valldlry of a certificate obtained electranicaW may be established by visithtg the CerrlJFcale Cognation Page of
the Secretary of Safe's Web sits 11i /t. h:" •nom- M�staters.�v /biJCrrtilicore archLritrriada entering the certVicalei confirmation number
displayed on the eertiJlcate, and following the instructions displayed, Confirming the Fsnmce eta certifigate Is mereh+ optional and is not
neeessa:y to rho valid and effective Issuance ofa cortFfirote For more Information, visit our Web site. Business
Center and select "Frequently Asked Questions."
CFRT t3S D Revised 08!'!0/1008
12
02/11/2008 17:27 3033299015 HSSSPC
FRS ... `!TER CPR FAX ND. :970 926 4789
TOMMY
JJRSj5PARTNGNT OF
23
eoo�as.)q)1YO.o4as.ses t ra 0.137 S0
r tiew L INVESTMENT LLC
LM Les 5AM30N MDR
po sox 18
PAIL CO 81658
eweat7
mzeu -,.
PAGE 03/08
Feb. 08 2M 04
i
PNY
t `•
Dote of 1H1s notioa, 06 -31 -2009
80 4 yer identification Number:
Form, SS -4
Number of this Poetics' CP 575 1
per00 8k9v4933 you MW bell us et,
4708 OF INS�NOTICE. THE
uR Asn9�=01'�►e�iD VOU AN PPLOM 1DOMPICATION NUM611
you EI1 °,20 -you B70A.o Ti�san1lf1 =6% iyy" sW°��a acacount,Ct,xirotu"no, and assigned
doeweants. even i•/ you have no soployaao. Please koae this ewtiee in your parleeu,ant
records.
When filing tax documents, olesse was, the lobs y we provided. If this ifth't
:oeaiblo., it is very iea,artsnt ttet yeu use year EIN and CC*pietD naves and address
steady em shorn above an all fe ere tax formal PWNwntu and raletod eoppospendence.
Any variation may cause a doley in PreaeeaiAg, result i inoorreat informtion ifs Yevr
aeaevnt or oven cause you to be pseigned more then one Ef#. If the information
and,re err t !o ua °so We show*- aar�aet yeun °a eountins � off stub from this notice
falleye�gd�'anen*11 i"jormatisp f ) from you or Your representative, you most 'mile the
tore■ IOmG 0S125IZOOs
After our review e
ew of your information. e how dater Aned that rev are dsl3nsuont
For the tees period(a) dating ws -for book as, 005. Ploss.o file your retwrn(s) by
Od -]r -2006. Psnaltisa eon0 interest will won inue to saeumulato from the due dots of
the retuPnts) until it is filed. If you pars net in Waimea or did net hire any
amplovaea far tr,a tox pariod(e) in auestien, alobeo file the return s) skewing you
lhavima'elno 1116bt rriissfrewltwTRS°wwab iiti formal you ini X11 1- 000 -429 -3476 or Vow eon
]r you have awostieno about the forests) or- tka des de ts) �hown. you bon call
or ..rite to us at the :hens o3,o r or addre" at 06 top of she f rat page o thL
letter. If you need kola n e eraimi wkat your tame year ie see Pabliaatien BF36.
Aeceuntim Periods and Helga. ovoileb�a at your lees1'113 ef�Lee or you can download
thib Publ�catAwls rrwa •ur b e ;t.. at eeetw.irs.gov.
Ma assigned yeu a tax blassifleationnesed am information ebwinad fr��1ygu or
year rePPeaantogive. It is not s legal UerMinstfaR of your tog clsteifioetian.
and loo not bi ng an She INS. If armor reek • legal etoradnstion YOU1� Nett
olasdifiaetion Yew uaX r'Wwst a privyet. letter ruliling from the Sit' uneler th.
Procedure, for �theoywer aloedure.S°04-1,2004-1 I.R.B. 1 for suAerasdin0 Revenue
Business Search Results
/3
02/11/2008 17:27 3033299015 HSSSPC PAGE 05/08
Document processing fee
If document is filed on paper 3 125.00
if document is filed electronically S 50.00
Tees & forms/cover sheet,'
are suhiect to change.
To file electronically, access instructions
for this roan /cover sheet and other
information or print COP 105 of filed
documents, visit 3",205-21 1111-00-us
and select Businem renter.
Paper documents must be typewritten or machine printed.
Colorado Secretary of State COPY
Dete and Time: 02/1 1 /2008 02:15 PM
Id Number: 20081086441
Document number. 20081086441
mtrM AACC rOR OPME Y 40MY
Articles of Organization
filed purxuant to §7.90 -301, et seq. and 6740 -204 of the Colorado Revised Statutes (C.R.S)
1. Entity name:
2. Use of Restricted Words (Vany of ikete
reran ore contained in an entry Rome. tats
trine ofon extol . trade mono w vademork
siond M thte document, mink the POP fi ON#
604.-
316 Wail Street Investment LLC
r mme r1(e!)ntlred tteUltey aotnpaop emit mrttaie die tens or obbywW011010 "htatltd
flow* mRpav': -Ad. hasdoy nonva -- 'wanted nnb/lity we.-. lid Mobilky ca
- rinJts/• *1.1,e. ". or "hr1 "17- e1149t. CR.S.)
❑ "bwok" ut "trust" or srry darivativa thereof
❑ "credit union" ❑ "savings and loan"
❑ 'insurance", "casualty"; "MUMS)". or "Surety"
S. principal office street address: 9550 South Cherry Street
Suite 300 (sfne1 maa .t
Denver Co 80246
t1r) Unl=d States Ramp code)
(Provtnee - tfaptdAwld.J (Counnr if— uS7
4. Principal uff ice mailing addre:.s
(if diftront Micro above): (5neet aatne and nn4er or Per/ ODlre Box tq(nrtaa►tan)
fCW
(S M) (Pottormp Code)
Quince - I appUCObty (Comnry- trurr ti.W
3. Registered 'gem name (!f o Straw George n imii.iJvd)o (Lost) (AK) wgwo
OR lira bva;ness cWtk mion):
6. The person identified above as registered agent bas conserved to being so appointed.
7. Registered agent street address: 950 South Cherry Street
Spite 300 (sera moms cad n"MkH
Denver CO- 80246
—000 ($rate) (,r0sW/zpC"V
ARTORL' l -C
Pegs 101`3
Rey. 01/0112011
r�-
02/11/2008 17:27 3033299015 NSSSPC PAGE 06/08
(C(DF)Y
g. Registered agent mailing address
C, different from above): (Sara ,wme and aaiwber or Pon tVke Box Worn►a"iml
(Cty) (StntrJ (AMMI P -C .1
(Provence - r eJ (Coanrry • f /met us)
9. Name(q) and mailing address(es)
of person(s) forting the limited
liability company:
Of an individual) Straw George
A-0 (FYra) (Meddkl WW)
OR (if a business oripmizotion)
950 South Cherry Street
Suite 300 'deer mere ,mm rod wt a ox "
Denver C:O 80246
10N) UnNIPStates (Poxar/IPc04
(Pnroeace- jmpphcoble) tcorranv- IT—U41
(if an individual)
()en) (fver) (Midd/ej (setQlxl
OR (if o busintss organization)
(Cheer namn and -member or Post office em rq(ormamnm)
(Crrq) UAN SteteS (Aouol�pr Code)
frrownet • ejommi- t) rCw.rme - Y-W W
(I 1 an individual)
(ten) (111M) ("M&) (s
OR (ira hu%ineu organiration)
(.lrtet $wine ead Mumber or Par Otto Fwr tillaw"rk")
(C1N/ Urm States (Poxtdlt/pCodU
(Proeim+n -Ij ttnbiy erm,,y - -ir rV
('/nose diva th nm permma arejbn aeg iAa hm bs$tiobllitr eompart. mark rile box El inetmde am agock~ aotieAtbe &no
gimmes and mating *A*auarl1adlad somol prr wwjanmhgrike limirddltoMgtyewmpomy)
10. The management of the limited liability company is vested in managers ❑
OR is vested in the members
11. There is at least one member of the limited liability company.
ARTOR() 1,t,C
Pogo 2 or 1
Rev 01101=111
15-
82/11/2088 17:27 3033299815
12. (01)(10 IJ Delayed effective date:
HSSSPC
13. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If
applicable, mark this box ❑ and include an attachment stating the additional information.
PAGE 87/08
(C(DPY
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under pustalties of perjury, that the docil meat is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requ ircMants of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document wmplies with the requirements of that Part, the etawltuent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in tha 0vuument as one who hos caused it to be delivered.
i A Names) and address(es) of the
individual(s) causing the document StraW George
to be delivered for tiling:
950 SoUth Cherry Street lr:o (mow.)
StAte300nardnawr nwwbarorPact BarW"mvtionj
Denver CO 80246
UrffgdStates ir0tto1i vc0dtj
tp—j u. ljcpotcable) RoM1' -row UV
(l!w dfetnwenf weed nat star fhe taw Nfww fe.d4d*eu gfmofa than one efdtvfdwal. l omwr. ifYan *9119081M she mean OW ad*—
RJ tali oddmonai (adivideolt emwanR thr doetanent ►o be drlrvend jw►Jfh'% tutu# dRr bar ❑ and inA de an attoehmen► 00408 l%w
rove oad oddfvrt of tacit 1ndiNdfm1i )
Disclaimer:
This fbm,, and any related instnvninnq, are not intended to provide legal, business or tax advice,. and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirernelm as of its revision date. compliance with applicable law, as the same may be amended from
time to time, remains ate responsibility of the user of his fnrrn. Questions should be addressed to the user's
attorney.
ARTORG_LLC
Pap 3 of t
Rev olrolrim
Re
02/11/2088 17:27 3033299015 HSSSPC PAGE 88/08
C(DF)y
NOTICE:
ThR� "bna�s" r6. + +rrraly o dG�p /6.v ojtnfv+,norinn thM wn� f►l+ed tJecJranieo!(v !t tR qot on Image that wad e++saMJ by optrealfy aconn►ng
o paper k6. ment.
Nv such paper document was,/lltd t'onseyuent(y, tw cnpy of o paper Juernwe+rt +s mailable rognrdme this dawment.
Questivnt7 coalvc► the Businecv Division For contact lnformallnr►, please visit the Secretary of Slates web 3116.
17
QUIT CLAIM DEED
THIS DEED, made this day of 7rA n vA( w 1.n i O , by
JOSEPH FRASCO
Grantor, for this consideration of • ** This Is NOT a Boulder County Property •�•
in hand paid, hereby sells and quitclaims to
316 WALL STREET INVESTMENT LLC
Grantee, Individual whose street address is POB 3004, EAGLE, CO 81631 City of SAID, County of EAGLE,
State of COLORADO, the following real property in the SAID, County of EAGLE, and State of Colorado, to wit:
CONDOMINIUM UNIT NO. 335, RIVERFRONT RESORT AND SPA, ACCORDING TO THE
CONDOMINIUM MAP RECORDED AUGUST 14, 2008, UNDER RECEPTION NO. 200817218, AND AS
DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR RIVERFRONT RESORT
AND SPA RECORDED AUGUST 14, 2008, UNDER RECEPTION NO. 200917219 IN THE OFFICE OF
THE CLERK AND RECORDER OF COUNTY OF EAGLE, STATE OF COLORADO.
also known as street and number 126 RIVERFRONT LN. AKA UNIT 335 RIVERFRONT RESORT & SPA
AVON CO 81620
State of W L&f -ho � )
)ss
County of )
The foregoin instrument was acknowledged before me this day of �c
by �"`p",j2ht V (a Stn
Witness my hand and official seal.
My commission expires 2 �+/
8 No '045t tc
KELLEY HANLON- THORPE
NOTARY PUBLIC
STATE OF COLORADO
When fdgdL'de .dtuzMt5%pir<-: F
.G.
E
EAGLE COUNTY, CO 201000732
TEAK J SIMONTCN
Pqs: 3 03:21:52PM 01/13/2010
RaT. S 516.00 DOC. 5 S22.73 .
1131111121111111111 STATE DOCUMENTARY FES
DatD: January u, 2010
SPEML WARRANTY DEED 422.75
T8<S MED, Keda an thin day of Jamaw 11, 2D10 , between
RIVERPRONTVV AAW1MT11.,LLC,ADRLAWARELIDl MLiAW=COhIPANY
of the CountY of 6V and State of C MXMADO Srantor(C. and
JOSEFHPRASCO
whose legs( address is t .0 EA C031631
of the ri+ -- County State of e Grantea(a):
WTTN3SS, That the grantor, for and in consideration of the on of ( t22T,50D.w )
ass Tm Huodtod Tweemy Seven Thousand Five Hushed and 001100 see DOLLARS
the receipt end swffteianey of which is hereby acknvwledgod, has gion ad, bargained, sold and cotwafed, grad by thus
is esa dos grant, bargain, toll, convey std confirm uKe the Grantse(s), their heirs and arises former, all the
rest ty, together with Improvements if any, situate lying end being in the �n—� county of
FALHB aM state off Celorods. deser1bad s fellow:
COUNTY OF RA MA
also loans street saber 126 RIVBRVRM LN ABA UNrr 335 RLV>BPRONT RESORT & SPA AVON Co
aid=
TOfa'ETEM with all and singular and herditmonts and appaKarwics %herento belonging, or in @%via* appertaining
and the reversion and reversions, reminder and fontndw , rents, issues and profits thsreoff and all the estate, right
title interest, claim and I ddatwevar of the 0rsntor(s), either in tau or equity, of, in and to the above bargained
premiss, with the harsditaaants and appartawss;
TOHAVEAFIDTO HOLD the said premises above bargained and dsacribd with eppurtenenaas, unto the CranteeCo),
their hairs, wxestors and assigns forever. The grantor, for itself, its auccssam aw seism, des covenant,
and agree that it shall and will WARRANT AND FOREVER VEFEVO the abwo- beryelned premises in the quiet and
peaceable possession of the Orantse(s), their hots, aleesssom and saslgro, awLnat sit cast every person or person
claiming the whole or any art thereI by. through or under the am ntor(s).
MXBPT' MMLAL TA E Alm Z;W& lS PORTHE WAR 2010 AND summUEIST YEARS AND SD wr TO THOSS 1TFId8 AS
SET FORM ONID®Q'W ATTACMMINKSTOANDWCORPORAMgHtpJCp.
INWTTHM WAZRHW the grantors) hove oncuttd this doed an the date set forth above.
STATE OF COLORADO )
)s.
Canty of EAGLE )
by
RTVERMUM V)LTAOS HOTEL, 1=, ADELAWARE LUMM
TIAIMM COARO?ANY
by: EAST WH4t RESM DEVELAMI rNT $V, LP.,
ADELAWARBLP. TSMSTI M AS A
LLL.P., ITAN _
'A , A
COLORADOCORPO TION,ITSC3>1>MALPARnzER
bafare age an this day of
a 1a- 17 -ao /3
official seal.
"�'-'� When Recorded Return tee: JOSEPH FFASCO
Eacrow# VA50027574 P.O. BOX 3004 EAGLE, Co 01631
Title# VWOOZ7574
Porn 432 01/17/03 SPECAD.OPEN WARRANTY DEW (Phatographic -Open) (9006161)
r9
02111/2006 17:27 3033299015
• chinra& secretuv of State - Summary
HSSSPC
PAGE 04/06
Page 1 011
For s
Summary
8
G!R o< d!g
FIc OOVIRO °t
Q Number.
20081086441
rues Vassar`
316 Walt Street investmcnt LLC
Name:
Buaftas vane
`__.. ... ---
— - -•...- - ... _ - -• - -• __--_- - - - -•--
Business walml n
Registered Agent
George Straw
950 south Cherry Street. Suite 300. Denver. CO 80246.
ewa1e8s sseaon
Registered Agent Street Addreao:
United States
FAQs
Registered Agent Mailing Address:
—_
OtoesW7—
.._....�._
--
950 South Cherry Street. Suite 300, Denver, CO 80246,
Principal lsoe Street Address;
United States
Principal Office Mailing AddMW.
Status:
Form:
Jurledietiom
Formation Date:
Term of Duration:
Annual Report Month'.
Good Standing
Limited LiBbiliry Company
Colorado
0211 1/2008
Perpetual
February
You may:
. View History and Documents
• Obtain certNicate of Good Standing
• I•tig a oactiment
• Set Up Email Notification
PreMan POOD
auaPsNn Cenur: 309 set 2200 • Pac 3e9 069 4e84 • e•meil: sos.pualnesGaos.stste oo.ua
Seareh I Conrad us i Prnssy $016"t I Tun"* w4 v"
U*#— •u..,... qn,-% sa>!nte.co.us/ biz B usinessRntityDetail. dojsessionid--O000VgYynO TaA4extm... 2/11/2008
o-C)
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager Initials
Legal: Eric Heil, Town Attorney
From: Scott Wright, Asst. Town Manager — Finance (!ft
Date: April 7, 2010
Re: Supplemental Capital Projects Fund
Budget Amendment Resolution No. 10 -12
Summary:
Staff has prepared a formal supplement budget amendment to the 2010 Capital Projects Fund
budget to recognize changes occurring in the current budget year as a primary result of the
carryover of unspent appropriations from the prior year. In addition, one project is being
reduced in cost as a result of performing the project with in -house staff.
Discussion:
Closed -out projects. The following projects were closed -out in 2009 or have been closed -out
so far in 2010:
• Preliminary design and planning for the Transit % Public Works facilities improvement
project;
• Avon Recreation Center office and storage space remodel;
• Avon Recreation Center CMU block deterioration investigation project;
• Waste Heat Recovery system study;
• Nottingham -Puder Ditch restoration project;
• Nottingham Lake spillway replacement;
• Comprehensive Transportation Plan;
• Laserfiche Records Management System.
Carryover projects. Unspent appropriations have been carried over from 2009 to 2010 for the
following uncompleted projects:
Page 1
• Avon Recreation Center vapor barrier repair - $25,278;
• Nottingham Park trail maintenance and signage - $139,377;
• Nottingham Park Stage - $19,608;
• Nottingham Lake fishing pier - $20,000;
• Lighting Conversion - $87,153;
• 2010 paving program - $194,512;
• Waste Heat Recovery system design - $523,759;
• Waster Heat Recovery construction - $39,540;
• Unified Land Use Code - $74,370;
• Westin Riverfront capital contributions (RETT rebates) - $75,928
Total amounts carried forward for these projects from 2009 to 2010 total $1,199,525.
Project reductions. The following projects have been reduced in the 2010 budget:
Drainage Master Plan - $185,680. Tasks related to the completion of this project have
been transferred to the Town's engineering staff with a corresponding reduction in the
overall cost of the project. In addition, due to the work demand of the engineering
staff this project is now scheduled to continued over for completion in 2011. A
corresponding reduction in transfers -in from the Water Fund has been reflected in this
budget amendment.
Revenues. Delays in the start-up of the Waste Heat Recovery project has resulted in the
carryover from 2009 to 2010 of billings to both the Eagle River Water and Sanitation District
($52,000) and the Department of Local Affairs ($215,208).
Financial Implications:
If adopted, the net Capital Projects Fund impacts of the above revisions will result in a revised
ending fund balance for 2010 of $3,128,035, an increase of $1,181,835 from the original 2010
budget.
Recommendation:
Staff recommends that the supplemental budget resolution for the 2010 Capital Projects Fund
be adopted.
Town Manager Comments:
• page 2
Attachments:
A — Resolution 10 -12, A Resolution to Amend the 2010 Town of Avon Capital Projects Fund Budget
B — Capital Projects Fund Budget Amendment No. 1, Pages 1 -5
• Page 3
TOWN OF AVON, COLORADO
RESOLUTION NO. 10 -12
SERIES OF 2010
A RESOLUTION TO AMEND THE 2010 TOWN OF AVON CAPITAL
PROJECTS FUND BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2010 CAPITAL PROJECTS FUND BUDGET FOR
THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR
BEGINNING ON THE FIRST DAY OF JANUARY, 2010 AND ENDING ON THE
LAST DAY OF DECEMBER, 2010
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2010 Capital Projects Fund budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2010; and
WHEREAS, the Town Council finds it necessary to amend the 2010 Capital
Projects Fund budget to more accurately reflect the revenues and expenditures for 2010;
and
WHEREAS, the Town Council has caused to be published a notice containing
the date and time of a public hearing at which the adoption of the proposed budget
amendment will be considered and a statement that the proposed budget amendment is
available for public inspection at the office of the Town Clerk located in the Avon Town
Hall during normal business hours, and that any interested elector of the Town of Avon
may file any objection to the proposed budget amendment at any time prior to the final
adoption of the proposed budget amendment; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the Capital Projects
Fund are revised as follows for 2010:
Town of Avon
Resolution No. 10 -12
Page 1 of 2
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized by fund, hereby is approved and adopted as the capital program
budget of the Town of Avon for the year stated above.
Section 3. That the Capital Projects Fund budget as hereby approved and adopted
shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 13th day of April, 2010.
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny
Town Clerk
Town of Avon
Resolution No. 10 -12
Page 2 of 2
Original or
Current
Previously
Proposed
Amended
Amended
2010 Budget
2010 Budget
Capital Projects Fund
Beginning Fund Balance
$ 3,474,167
$ 5,588,319
Revenues and Other Sources
4,418,802
4,500,330
Expenditures and Other Uses
5,946,769
6,960,614
Ending Fund Balance
1,946.200
3.128,035
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized by fund, hereby is approved and adopted as the capital program
budget of the Town of Avon for the year stated above.
Section 3. That the Capital Projects Fund budget as hereby approved and adopted
shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 13th day of April, 2010.
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny
Town Clerk
Town of Avon
Resolution No. 10 -12
Page 2 of 2
REVENUES
Taxes
Intergovernmental
Investment Earnings
Other Revenue
Total Operating Revenues
Other Sources:
Transfer In from Other Funds
TOTAL REVENUES
EXPENDITURES
Current:
Allowance for Bad Debts
Capital Improvements:
Facilities
Land and Land Improvements
Roads and Streets
Utilities
Recreation
Water Fund Projects
Communications and Technology
Strategic Planning
Other
Developer Rebates
Total Capital Improvements
Other Uses
Operating Transfer -Out - General Fund
Total Other Uses
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
FUND BALANCE, Beginning of Year
FUND BALANCE, End of Year
Capital Projects Fund #41
Amendment No. 1
Fund Summary
Original or
Prev. Amended
Actual Budget
2009 2010
Proposed
Revised Difference
Budget Increase
2010 (Decrease)
$ 1,761,980 $ 2,091,798 $ 2,091,798 $ -
346,860 1,500,400 1,767,608 267,208
69,273 80,104 80,104 -
26,635 1,500 1,500 -
2,204,748 3,673,802 3,941,010 267,208
548,875 745,000 559,320 (185,680)
2,753,623 4,418,802 4,500,330 81,528
49,901
647,287
675,000
700,278
25,278
61,015
360,000
538,985
178,985
693,460
200,000
481,665
281,665
187,661
3,794,206
4,357,505
563,299
278,875
425,000
239,320
(185,680)
39,720
125,000
125,000
-
301,300
25,000
99,370
74,370
3,277
25,000
25,000
-
295,659
-
75,928
75,928
2,558,155
5,629,206
6,643,051
1,013,845
308,314 317,563 317,563
308,314 317,563 317,563
2,866,469 5,946,769 6,960,614 1,013,845
(112,846) (1,527,967) (2,460,284) (932,317)
5,701,165 3,474,167 5,588,319 2,114,152
$ 5,588,319 $ 1,946,200 $ 3,128,035 $ 1,181,835
Page 1
Capital Projects Fund #41
Amendment No. 1
Revenue Detail
Original or Proposed
Prev. Amended Revised Difference
Account Actual Budget Budget Increase
Number Description 2009 2010 2010 (Decrease)
Taxes:
51401 Real Estate Transfer Tax $ 1,761,980 $ 2,091,798 $ 2,091,798 $ -
Intergovernmental:
Federal / State:
53199 Department of Local Affairs (DOLA) Construction Grant
53199 Department of Wildlife (DOW) FIF Grant
Local Government / Other:
53401 ECO Cost Sharing (Transit Facilities Imp. Project)
53401 ERWSD Cost Sharing (Heat Recovery Project)
53401 Eagle County Trails Grant
Traer Creek Metro District:
53401 Nottingham -Puder Ditch Cost Sharing
53401 East Beaver Creek Blvd.
53000 Total Intergovernmental
Investment Earnings:
57101 Interest Earnings
58000 Total Other Revenues
Other Sources:
59201 Transfer In from Community Enhancement Fund
59201 Transfer In from Water Fund
59201 Transfer In from Facilities Reserve Fund
59201 Transfer In from Avon Urban Renewal Authority
59000 Total Other Sources
50000 TOTAL REVENUES
22,792 1,112,000 1,327,208 215,208
- 108,000 108,000 -
235,360 - - -
- 280,400 332,400 52,000
11,700 - - -
28,110 - - -
48,898 - - -
346,860 1,500,400 1,767,608 267,208
69,273 80,104 80,104
- 1,500 1,500
511 - - -
21,462 - - -
4,662 - - -
26,635 1,500 1,500 -
- 220,000 220,000 -
278,875 425,000 239,320 (185,680)
- 100,000 100,000 -
270,000 - - -
548,875 745,000 559,320 (185,680)
$ 2,474,748 $ 3,673,802 $ 3,941,010 $ 267,208
Page 2
Other Revenues:
58104
Fireplace Fees
58108
Finance Charges
58211
Developer Reimbursements:
58211
Vail Resorts (Red House Annexation)
58999
Nonclassifed
58000 Total Other Revenues
Other Sources:
59201 Transfer In from Community Enhancement Fund
59201 Transfer In from Water Fund
59201 Transfer In from Facilities Reserve Fund
59201 Transfer In from Avon Urban Renewal Authority
59000 Total Other Sources
50000 TOTAL REVENUES
22,792 1,112,000 1,327,208 215,208
- 108,000 108,000 -
235,360 - - -
- 280,400 332,400 52,000
11,700 - - -
28,110 - - -
48,898 - - -
346,860 1,500,400 1,767,608 267,208
69,273 80,104 80,104
- 1,500 1,500
511 - - -
21,462 - - -
4,662 - - -
26,635 1,500 1,500 -
- 220,000 220,000 -
278,875 425,000 239,320 (185,680)
- 100,000 100,000 -
270,000 - - -
548,875 745,000 559,320 (185,680)
$ 2,474,748 $ 3,673,802 $ 3,941,010 $ 267,208
Page 2
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TOWN OF AVON, COLORADO
CAPITAL PROJECTS FUND
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
BUDGET AND ACTUAL (BUDGETARY BASIS)
FOR THE YEAR ENDED DECEMBER 31, 2009
1,350,000
1,511,646
Variance with
864,359
Land and Land Improvements
Final Budget -
Budgeted Amounts
Actual
Positive
Original Final
Amounts
(Negative)
Revenues
459,399
Utilities
Taxes:
729,540
187,661
Real Estate Transfer Tax $ 3,745,098 $ 1,475,000
$ 1,761,980
$ 286,980
Intergovernmental 1,248,690 705,470
269,853
(435,617)
Investment Earnings 128,350 128,350
69,273
(59,077)
Other Revenues 1,500 16,500
103,642
87,142
Total Revenues 5,123,638 2,325,320 2,204,748 (120,572)
Expenditures
Capital Projects:
Facilities
1,350,000
1,511,646
647,287
864,359
Land and Land Improvements
1,300,000
280,791
61,015
219,776
Roads and Streets
1,295,000
1,152,859
693,460
459,399
Utilities
680,000
729,540
187,661
541,879
Recreation
-
-
-
-
Water Fund Projects
819,379
428,821
278,875
149,946
Strategic Planning
150,000
392,581
301,300
91,281
Communications and Technology
50,000
50,000
39,720
10,280
Other
25,000
25,000
3,277
21,723
Rebates & Capital Contributions
-
371,587
295,659
75,928
Total Expenditures
5,669,379
4,942,825
2,508,254
2,434,571
Excess (Deficiency) of Revenues
Over (Under) Expenditures
(545,741)
(2,617,505)
(303,506)
2,313,999
Other Financing Sources (Uses)
Transfers In:
Water Fund
819,379
428,821
278,875
(149,946)
Avon Urban Renewal Authority
-
270,000
270,000
-
Transfers Out:
General Fund
(308,314)
-
-
-
Avon Urban Renewal Authority
(848,271)
(308,314)
(308,314)
-
Total Other Financing Sources (Uses)
(337,206)
390,507
240,561
(149,946)
Net Change in Fund Balances
Fund Balances, Beginning of Year
Fund Balances, End of Year
(882,947) (2,226,998) (62,945) 2,164,053
5,134,017 5,701,165 5,701,165 -
$ 4,251,070 $ 3,474,167 $ 5,638,220 $ 2,164,053
69
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
From: Jennifer Strehler, Director of Public Works and Transport ion
,�P/
Date: April 13, 2010
Re: Weeds - Ordinance 10 -06
Summary:
Town Council action is requested to amend the town code regarding weeds.
Previous Council Actions:
§ §8.24.045 of the Avon Municipal Code entitled "Weeds" was approved in 1983.
§§ 8.24.046 of the Avon Municipal Code entitled "Undesirable Plants" was approved
in 1992. These two sections of the code will be repealed in their entirety and
replaced with a new Chapter 8.36.
Background:
Avon Public Works has been managing noxious weeds with Avon Town limits since
about 1983. We have attempted to manage all species listed on the state's A list of
the Colorado Noxious Weed Act (8 CCR 1203 -19, aka "the Act ") plus several species
from the B list. However our existing local ordinance only identifies the following
species for management: Russian, spotted, and diffuse knapweed, Canada thistle,
musk thistle, and leafy spurge. There are other weeds and problem plants that
should be regulated to better control their spread and negative effects within Avon
(e.g., toad flax, yellow sweet clover).
The process used by Public Works for weed management has been as follows:
1. Observe noxious weed growing on private lands.
2. Send certified letter to property owner with formal Notice requiring weed
mitigation within 10 days.
3. Wait at least 10 days.
4. Enter private lands and inspect for weeds.
5. Schedule corrective action.
6. Conduct appropriate weed mitigation (either using internal staff or via a third
party contractor).
7. Invoice property owner for weed mitigation work.
8. Collect payment from property owner for work performed.
9. If payment is not received, the Town has the right to file a lien with the
County against the property. (To date, the town has not had to do this.)
This process would remain essentially the same after passage of Ordinance 10 -06.
The existing code language regarding weeds has been found to be somewhat
ambiguous and out - dated. To better comply with the Act and be more effective at
regulating weeds, the town should formally adopt a management plan for noxious
weeds and establish a local weed advisory board.
Discussion:
Passage of Ordinance 10 -06 will correct code language deficiencies and ambiguities.
This update will improve the town's ability to regulate Colorado State listed
"noxious weeds" and other undesirable plants. The new ordinance names the Town
Council as the "local weed advisory board of the Town of Avon ". This formalizes the
authority for the weed mitigation program.
The attached "Avon Noxious Weed Management Plan" is adopted as part of this
ordinance. This Plan names 16 specific plants which are currently listed as
"noxious" under the Act and which are known to be problematic in Avon. Other
plants which are also already on the state's A or B noxious weed list are
incorporated into this Plan by reference. Yellow sweet clover has been added to
Avon's noxious weed list as #17 because it is already problematic, is invasive and
detrimental to cattle, and is currently a candidate for addition to the state's list.
The language of this Plan is such that our list of regulated species automatically
updates to include the state's list, as the state's list may evolve over time, without
requiring amendment to our local code. Future updates to this Plan would require
re- adoption of the Plan by motion.
This ordinance also regulates non - noxious weeds. Such weeds are defined as any
vegetation greater than 6" in height unless otherwise specifically excluded.
Excluded plants are: trees, vegetables, plots of shrubbery, town - approved
landscaping, and native vegetation on undisturbed or fully restored lands. Weeds
are to be managed such that they stay within a 6" height limit.
Financial Implications:
No impact. The town's 2010 budget already includes $40,000 in weed mitigation
expenses along with a complementary $40,000 in weed mitigation assessed fee
revenues.
Recommendation:
Staff recommends passage of Ordinance 10 -06.
Motion:
I move to approve Ordinance 10 -06, Series 2010, an ordinance amending Chapter
8.24 of the Avon Municipal Code, on first reading.
2
Town Manager Comments:
Exhibits:
• Ordinance 10 -06
• "Noxious Weed Management Plan" dated 04/13/2010
TOWN OF AVON, COLORADO
ORDINANCE 10 -06
SERIES OF 2010
AN ORDINANCE ENACTING WEED CONTROL REGULATIONS.
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council is authorized to declare nuisances, establish fines and
penalties, and require abatement of public nuisances pursuant to its home rule authority and
pursuant to Colorado Revised Statute §31- 15- 401(1)(c); and
WHEREAS, the Town Council is authorized to provide for the removal of weeds pursuant
to Colorado Revised Statutes §31- 15- 401(1)(d); and
WHEREAS, the Town Council is authorized to implement and enforce the Colorado
Noxious Weed Act, C.R.S. §35 -5.5 -101 et. seq.; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance;
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
Section 2. 448.24.045 and 8.24.046 Repealed. § §8.24.045 and 8.24.046 of the Avon Municipal
Code are hereby repealed in their entirety.
Section 3. Chapter 8.36 Enacted. Chapter 8.36 of the Avon Municipal Code is hereby enacted
to read as follows:
"Chapter 8.36
Weed Control Regulations.
Ord 2010 -06 Weed Control Regulations
Page 1 of 6
A 4.8. 10
8.36.010 Purposes.
The purposes of this Chapter 8.36 are to require the control of weeds and noxious weeds and
to require the removal of noxious weeds from property within the Town pursuant to the Town of
Avon's Home Rule Authority and in the manner provided by the Colorado Noxious Weed Act,
C.R.S. §35 -5.5 -101 et. seq. and by the Avon Municipal Code and to fulfill the Town of Avon's
municipal obligations under the Colorado Noxious Weed Act. The purposes of this Chapter 8.36
also include the purposes stated in the Colorado Noxious Weed Act in C.R.S. §35 -5.5 -102.
8.36.020 Interpretation and Effect. Where any provision, regulation, term or definition
of this Chapter 8.36 differs from the Colorado Noxious Weed Act, it is the intent and
interpretation of the Town that the provisions, regulations, terms and definitions in this Chapter
8.36, including the Town of Avon Noxious Weed Management Plan adopted pursuant to this
Chapter 8.36, shall supersede the Colorado Noxious Weed Act and shall apply in the Town of
Avon.
8.36.030 Definitions.
The definitions set forth in the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -103, are hereby
adopted and shall apply within this Chapter 8.36 unless such definitions are in conflict with the
definitions adopted below in this section. The following definitions shall also apply to this
Chapter 8.36:
Noxious Weed means noxious weeds as defined by the Colorado Noxious Weed Act, plants
declared noxious weeds by the Colorado Department of Agriculture, and plants declared to be
noxious weeds by the local advisory board of the Town of Avon.
Property means any real property located within the municipal boundaries of the Town of Avon.
Public Works Director means the Director of Public Works or the Public Works Director's
designee.
Town of Avon Noxious Weed Management Plan means the noxious weed management plan
adopted by the Town Council acting as the local advisory board.
Weeds means any vegetation, including grass or brush, but not including: vegetables, agricultural
grain plots, native plants in undisturbed or restored land, and plants included in a landscape plan
approved by the Town.
8.36.040 Local Advisory Board. The Town Council shall be the local advisory board for
all state and local noxious weed statutes, ordinances and regulations. The mayor shall be the
chair and the mayor pro tem shall be the secretary. A majority of the members of the board shall
constitute a quorum. The voting rules for the local advisory board shall be the same as for the
Town Council. The local advisory board may adopt, amend and update the Town of Avon
Noxious Weed Management Plan by resolution.
Ord 2010 -06 Weed Control Regulations
Page 2 of 6
v4 4.8.10
8.36.050 Plants Declared Noxious Weeds. All plants which are declared noxious weeds
are named and described in the Town of Avon Weed Management Plan. The Town of Avon
Weed Management Plan shall be reviewed and updated in compliance with the Colorado
Noxious Weed Act. A plant that aggressively invades or is detrimental to economic crops, live
stock, wildlife or native plant communities or is a carrier of detrimental insects, diseases,
allergens or parasites may be declared a noxious weed.
8.36.060 Public Nuisance, Noxious Weeds. Any and all plants declared noxious weeds by
the Town are declared to be a public nuisance.
8.36.070 Public Nuisance, Weeds. Weeds other than noxious weeds which are not
controlled in accordance with this Chapter 8.36 are declared to be a public nuisance.
8.36.080 Control of Noxious Weeds. The owner of property shall control noxious weeds
through elimination of such noxious weeds from such property. Elimination and removal of
noxious weeds shall occur in accordance with the Town of Avon Noxious Weed Management
Plan. The owner of property shall comply with the duties of landowners set forth in C.R.S.
§35.5.5- 108.5.
8.36.090 Control of Weeds.
(a) The owner of property shall have the duty to control weeds on such property as
required by this Chapter 8.36.
(b) It is unlawful for the owner or occupant of any property, to permit weeds to grow to a
height of six inches (6 ") or more in the Town.
(c) It shall be the duty of the Town to control weeds in all right -of -ways dedicated to the
Town in the areas maintained by the Town as designated in the Official Town Maintenance and
Repair Map, adopted by and set forth in AMC § 12.16.020 of the Town Code. It shall be the duty
of the abutting property owner to control weeds in a public right -of -way between the property
line and the edge of pavement unless the Town has assumed the duty to control weeds as defined
in this AMC §8.36.080(c) except such duty of abutting property owner shall not apply to federal
and state owned public right -of -ways.
(d) Any area which is undeveloped open space and which is (1) undisturbed and covered
with native vegetation or (2) completely restored and covered with native vegetation, shall be
exempt from the requirements of this section.
8.36.0100 Violations. It shall be a violation of this Chapter 8.36 for any property owner or
person to violate any provision of this Chapter 8.36 or to violate any provision of the Colorado
Noxious Weed Act.
8.36.0110 Enforcement. The Public Works Director shall the authority to administer and
enforce this Chapter 8.36. Any violation of this Chapter 8.36 may be referred to the Town
Attorney who shall promptly file a complaint in a court with jurisdiction. The Public Works
Ord 2010 -06 Weed Control Regulations
Page 3 of 6
v4 4.8. 10
Director shall have the authority to abate public nuisances declared in this Chapter 8.36 as set
forth below.
8.36.0120 Abatement of Noxious Weeds.
(a) Entry and Inspection. The Town shall have the right to enter upon any property for the
purpose of inspection if verbal permission is granted by the property owner to enter such
property. If verbal permission is not granted to the Town by the property owner, the Town shall
have the right to enter upon any property after providing notice to the property owner by sending
such notice via certified mail to the address of record according to the Eagle County Assessor's
Office. In addition to sending notice of inspection by certified mail, the Town may send such
notice by other practical means. If, after ten (10) days, the property owner does not respond or
denies access, the Town may seek an inspection warrant in accordance with C.R.S. §35-5.5 -
108.5(4)(b). Upon obtaining a valid inspection warrant, the Town may enter the property
between the hours of 7:00 a.m. and 8:00 p.m.
(b) Notice of Eradication. If the Town finds the presence of noxious weeds upon inspection
of the property, the Town shall provide a notice of eradication to the property owner. The notice
of eradication shall be sent by certified mail to the address of record according to the Eagle
County Assessor's Office. In addition to sending notice of eradication by certified mail, the
Town may send such notice by other practical means. The notice of eradication shall name the
noxious weeds, shall identify eradication as the required management objective, shall advise the
property owner to commence eradication efforts with a specified period or condition, shall state
the integrated noxious weed management techniques proscribed in the Town of Avon Noxious
Weed Management Plan and shall advise the property owner that the property has five (5) days
from the date of mailing notice of eradication to submit a plan and schedule acceptable to the
Town for the completion of the management objective.
(c) Eradication by Property Owner. Within five (5) days after the Town sends the notice
of eradication, the property owner shall comply with the terms of the notification of eradication
or shall submit a plan and schedule which is acceptable to the Town for the completion of the
management objective. An essential component of any plan and schedule for completion of the
management objective shall be to eradicate noxious weeds prior to the seasonal time in which
such noxious weeds create and disburse seeds or otherwise spread or propagate.
(d) Abatement. In the event the property owner fails to comply with the notice to eradicate
the identified noxious weeds and implement an appropriate noxious weed eradication program,
the Town may enter upon the property, take such actions as deemed necessary to eradicate the
noxious weeds and abate the public nuisance. The Town may assess the whole cost of
eradication and abatement, including up to one hundred percent of inspection, eradication, and
other incidental costs including but not limited to administrative and legal costs. In addition, the
Town may assess an additional five percent (5 %) of the whole costs of eradication and
abatement in accordance with C.R.S. §31- 15- 401(l)(d). The assessment shall be a lien on the
property and may be certified to the clerk of the county treasurer who shall collect the
assessment in the same manner as other taxes in accordance with C.R.S. §31 -15 -401 and C.R.S.
§31 -20 -105.
Ord 2010 -06 Weed Control Regulations
Page 4 of 6
v4 4.8. 10
8.36.0130 Abatement of Weeds. The Public Works Director or Town Manager may abate
weeds in the same manner as the abatement of other public nuisances as set forth in Chapter
8.24.
8.36.0140 Penalty. A violation of this Chapter 8.36 shall be a civil infraction and shall be
subject to penalty as provided in Chapter 1.09 of this Code, in addition to any other remedies
provided herein or allowed by ordinance, law, rule, or regulation.
Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such provision
to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
Ord 2010 -06 Weed Control Regulations
Page 5 of 6
A 4.8.10
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 27, 2010
at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon,
Colorado, on April 13, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on April 27, 2010.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 2010 -06 Weed Control Regulations
Page 6 of 6
A 4.8.10
TOWN OF AVON
NOXIOUS WEED MANAGEMENT PLAN
ADOPTED , 2010
The Town of Avon in accordance with "Colorado Noxious Weed Act ", C.R.S. §35 -5.5 -101 et
seq. hereby designates the following plants as Noxious Weeds:
Management Method #
1
2
3
4
5
6
7
8
9
10
11
12
13
Common Name:
Leafy Spurge
Russian Knapweed
Diffuse Knapweed
Spotted Knapweed
Canada Thistle
Musk Thistle
Plumeless Thistle
Scotch Thistle
Houndstongue
Whitetop /Hoary Cress
Yellow Toadflax
Oxeye Daisy
Dalmatian Toadflax
14 Common Tansy
15 Scentless Chamomile
16 Salt Cedar
17 Yellow Sweet Clover
Scientific Name:
Euphorbia esula
Acroptilon repens
Centaurea diffusa
Centaurea maculosa
Cirsium arvense
Carduus nutans
Carduus acanthoides
Onopordum acanthium
Cynoglossum officinale
Cardaria draba
Linaria vulgaris
Chrysanthemum leucanthemum
Linaria dalmatica
Tanacetum vulgare
Matricaria perforate
Tamarix chinensis
Melilotus officinalis
The purpose of this Noxious Weed Management Plan is to adopt a list of noxious weeds for the
Town of Avon. The basis for this list is set forth in the "Colorado Noxious Weed Act" C.R.S.
§35 -5.5 -101 et seq. Weeds which commonly occur in Avon and which are listed on the state's
A, B, and C list at the time of adoption are identified above. In addition, yellow sweet clover
( Melilotus officinalis) has been identified as noxious by the Town of Avon. Although this plant
is not currently listed on the state's list, it is identified as noxious by the town and included
herein because it is currently a candidate for state listing, fits the definition of noxious plant, and
has been found to be problematic in Avon.
It is expressly understood in this Plan that the above - referenced list shall be inclusive of all "List
A" species of noxious weeds to the extent they are found within the Town of Avon and identified
for mandatory eradication by the State of Colorado. It is also expressly understood that any and
all "List B" species of noxious weeds not currently listed above, but later found within the Town
of Avon and identified by the state for mandatory eradication pursuant to state regulation 8 CCR
1203 -19, shall be incorporated into this plan and that no amendment hereto shall be necessary
prior to taking enforcement action for the eradication of said species.
The Town of Avon may annually review and update this list of noxious weeds pursuant to state
statute, or sooner if necessary.
-1-
I. Introduction:
The noxious weeds that have currently invaded our community have be come a threat to
the economic and environmental value of land in the Town of Avon. These weeds are not
indigenous to this county and have no natural predators or diseases to keep them in
check. They are rapidly displacing desirable vegetation causing a loss of productive
wildlife grazing and recreational resources.
An integrated noxious weed management plan must include best practice strategies along
with the Federal, State of Colorado, Town of Avon and Private land owners, working
together to meet the challenges we now face in our state.
II. Goals of this plan:
• Adopting and implementing the Colorado Noxious Weed Act as they apply to the
Town of Avon. The Town of Avon Noxious Weed Regulations as it pertains to
noxious weeds will automatically update along with all future revisions and
amendments to the Colorado Noxious Weed Act.
• Education of the public and private landowners concerning weed management issues
facing our community.
• Work with the Federal, State, County, and private landowners to implement "Best
Management Practices. "
• Identify, inventory and map out noxious weeds currently in our community and use as
a means to monitor our effectiveness and as a tool for future work plans.
III. Weed Management Methods:
The Colorado Noxious Weed Act provides that integrated methods must be utilized in the
management of weeds. Integrated methods include but are not limited to: Cultural,
Chemical, Biological and Mechanical management. For proper control of a particular
weed species, it may be necessary to utilize more than one method. The following general
comments regard control methodology apply to all listed or otherwise identified noxious
weeds, unless otherwise specifically excluded in the detailed management plan listed
below for a particular plant species:
• Cultural — those methodologies or practices conducted to favor the growth of
desirable plants over undesirable plants. Including but not limited to: maintaining
an optimum fertility and plant moisture status in an area, and planting species
most suited to an area. (e.g., Grazing, Revegetation for wildlife)
• Erosion Control — Healthy plant revegetation of all disturbed sites with
acceptable grasses, trees, and other plantings, with a 2 year warranty and
extensive weed control during the re- growth period.
• Chemical — the use of herbicides or plant growth regulators to disrupt the growth
of undesirable plants. (e.g., Herbicides)
• Biological — the use of organisms to disrupt the growth of undesirable plants.
(e.g., insects, bacteria, pathogens, goats)
-2-
• Mechanical — practices that physically disrupt plant growth including but not
limited to: tilling, mowing, burning, cutting, mulching, hand pulling, and hoeing.
Tilling, mowing, mulching, and hoeing are generally only effective if done to
plants prior to the flowering stage. After this stage the seeds have formed and
these plants must be completely removed from the property by cutting or hand -
pulling as part of the mitigation effort Cut plants which include buds, flowers, or
seed pods should be placed in clear plastic bags, the bags labeled "noxious
weeds ", and landfill disposed. Landfill disposal should be done through a
licensed landscape maintenance contractor or by direct deposit in the landfill.
Unless otherwise recommended below, no removed weed material which includes
buds, flowers, or seed pods should be burned, composted, or heaped, or otherwise
left exposed.
Note that personal protective equipment (PPE) should be worn when conducting weed
mitigation. This may include gloves, long sleeve shorts, full length pants, safety boots,
and safety glasses. Mitigation work should be done carefully because some of the weeds
and herbicides can cause eye and/or skin irritation.
1. Leafy spurge - (Euphorbia esula) a perennial that spreads by seed and creeping
rootstocks. An extensive root system with vast nutrient reserves makes this plant
extremely difficult to control.
Management Methods:
a) Cultural: seeding perennial grasses can be an effective management tool. Early emerging
plant species that utilize early season moisture such as smooth brone (Bromus inermis) or
crested wheat grass have reduced leafy spurge density and limited the spread and
establishment of new infestations. Alfalfa can also be a good competitor with leafy
spurge.
b) Chemical: Contact a licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: grazing with sheep or goats can stress leafy spurge making it more
susceptible to other control methods. Apthona flava and Apthona nigriscutis are two
species of flea beetles that have been introduced to attack leafy spurge. Adults feed on
foliage during summer and lay eggs at the base of spurge plants. The larvae tunnel the
soil and mine the roots as well as the fine root hairs. These insects along will not control
leafy spurge but they can weaken the plant making it more susceptible to herbicide
treatments or other control methods.
d) Mechanical: mechanical methods have not been proven to be an effective management
tool on this plant.
Comments: A complex of insects, grazing, plant disease and chemical methods will be
necessary to stress the plant sufficiently to attain acceptable control.
-3-
2. Russian Knapweed - (Acroptilon repens) A creeping perennial weed which once
established, becomes extremely difficult to control. In heavy infestations few plants can
grow in competition.
Management Methods:
a) Cultural: dry range seeded with Crested wheatgrass can cause stress in knapweed by
using up moisture for spring growth.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: a leaf & stem gall - forming nematode (Subanguina peridus) has been released
in the U.S. This nematode had shown limited success in controlling Russian knapweed
d) Mechanical: due to the extensive energy reserves in the root system, removal of top
growth alone will not provide adequate control of Russian knapweed. In fact recent
studies have shown that mowing increases Russian knapweed density and stimulates
growth.
3. Diffuse Knapweed - (Centaurea diffusa) is a biennial or short lived perennial which has
become one of the most damaging rangeland weeds in the Northwest inter - mountain area.
Management Methods:
a) Cultural: Seeding of Crested wheatgrass can inhibit the spread of diffuse knapweed in dry
climates
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: Two kinds of seed head gall flies (Uphora affins and Uphora quadrifaciata)
attack the seed heads of Spotted knapweed. The larvae of the files induce galls in
immature flower heads thus directing nutrients away from seed production. These flies
will reduce seed production of the plant but not sufficiently to stop its spread.
d) Mechanical: Deep plowing can reduce the stand density.
4. Spotted Knapweed - (Centaurea maculosa) is a biennial or short lived perennial that
greatly reduces the range's carrying capacity for both livestock and wildlife.
Management Methods:
a) Cultural: Good grazing management is one of the best defenses against the spread of
knapweeds on the range and pasture lands. Proper stocking rates, good livestock
distribution and correct timing and deferment of grazing are essential to the maintenance
of a healthy range or pasture environment.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: Two kinds of seed head gall flies (Uphora afns and Uphora quadrifaciata)
attack the seed heads of Spotted knapweed. The larvae of the files induce galls in
-4-
immature flower heads thus directing nutrients away from seed production. These flies
will reduce seed production of the plant but not sufficiently to stop its spread.
d) Mechanical: Deep plowing can reduce the stand density.
5. Canada Thistle — (Cirsium arvense ) A perennial weed with an extensive root system,
Canada Thistle reproduces both by seed and by vegetation buds on the roots. This
requires a much more extensive management plan than the biennial thistles.
Management Methods:
a) Cultural: Cultivation may increase the number of plants by spreading the roots to new
areas where they may become established. Competitive crops, especially alfalfa and
forage grasses may be used to control Canada thistle infestations. Choose aggressive
grass with early season vigor to plant in areas where Canada thistle is present.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: Ceutorhynchus litura is a stem weevil whose larvae mine tissues of the leaf,
root crown and root. Outward signs of damage by this larvae are not readily apparent but
secondary damage is caused by other organisms which enter the plants through exit holes
made by the larvae. Urophora cardui is a stem gall fly whose larvae cause galls to form
on the stem of Canada thistle plants. The galls reduce the plant's vigor making it less able
to compete with other plants or to resist pathogens or attacks by other insects. It is
essential that both of these insects be combined with other methods of control for
adequate management of Canada thistle.
d) Mechanical: Mowing can be an effective tool when combined with herbicide treatment.
Mowing alone is not effective unless conducted at two week intervals over several
growing seasons. Mowing should always be combined with cultural and chemical
control.
6. Musk Thistle — (Carduus nutans) is a biennial weed. Biennial weeds are best controlled
in their first year of growth. Very commonly found noxious weed in Eagle County.
Management Methods:
a) Cultural: The best way to prevent or reduce the amount of biennial thistle is to manage
areas that are susceptible to invasion
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: Rhinocyllus conicus is a flower head weevil which is widely distributed in
Eagle County. This weevil consumes most of the seeds in the terminal flower heads, but
has no effect on buds which form later in the season. The conicus weevil can be an
effective control method only if it is combined with chemical mechanical controls.
Trichosirocalus horridus is a crown weevil which feeds on the growing tip of the thistle
rosette. This weevil has been released on numerous occasions in Eagle County but has
- 5 -
not yet become established. Due to the very nature of the predator prey cycle the bio
control listed above will not completely eliminate the thistle.
d) Mechanical: Since these thistles are biennials and do not resprout, they are easily killed
by tillage or any method that severs the taproot below the crown of the plant. If dug or
cut after seed heads have formed the plants should be burned or otherwise destroyed so
the seeds will not mature. Mowing is effective only if done when flowers first open.
A second mowing may be necessary because the plants may recover and produce viable
seed later in the growing season.
7. Plumeless Thistle — (Carduus acanthoides). See description and management method
for the Musk Thistle ( #6 above).
8. Scotch Thistle — (Onopordum acanthium). See description and management method for
the Musk Thistle ( #6 above)
9. Houndstongue — (Cynoglossum officinale) is a biennial weed which is toxic to horses
and cattle. The seed is contained in pods, which are covered with barbs enabling them to
stick to clothing or animal hair, and thus readily transported.
Management Methods:
a) Cultural: Maintain range and pasture in good condition through proper irrigation and
fertilization.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: No biological controls are available at this time.
d) Mechanical: Severing the taproot below the crown will control Houndstongue. After
cutting, the plants should be burned or removed if they are in bloom to prevent seed
formation.
10. Hoary Cress Whitetop — (Cardaria draba ) is a perennial plant, which is very
competitive with native vegetation. Its early seeding habits make it difficult to effect
control in a timely manner.
Management Methods:
a) Cultural: The effectiveness of mowing or cultivation will be increased if perennial
grasses or alfalfa are seeded as competitor species. Promote healthy grass in rangeland or
pastures by using proper irrigation and fertilization techniques.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: No insects are known to be effective for controlling this weed.
-6-
d) Mechanical: No scientific data is available on mechanical control for this species.
Mowing just prior to seed set may reduce overall seed production, but must repeated
several times during the growing season.
11. Yellow Toadflax - (Linaria vulgaris) This deep- rooted perennial plant is an aggressive
invader of rangeland, pasture and waste areas. Once established on a site it is one of the
most difficult noxious weeds to control.
Management Methods:
a) Cultural: No data is currently available for the control of Yellow toadflax.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general
vigor of Yellow toadflax by defoliating new growth and eating buds and flowers.
Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced
but has little if any effect on stand density. Combine the use of either of these insects with
chemical or mechanical control for best results.
d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production
but will not effect stand density or duration. Repeated cultivation twice a year for two
years should slow the spread and reduce seed population. This should be followed by
seeding of competitive grasses.
12. Dalmation Toadflax — (Linaria dalmatica) An introduced perennial with a creeping root
system. This plant may suppress desirable grasses even in well managed rangeland or
pastures.
Management Methods:
a) Cultural: No data is currently available for the control of Yellow toadflax.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general
vigor of Yellow toadflax by defoliating new growth and eating buds and flowers.
Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced
but has little if any effect on stand density. Combine the use of either of these insects with
chemical or mechanical control for best results.
d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production
but will not effect stand density or duration. Repeated cultivation twice a year for two
years should slow the spread and reduce seed population. This should be followed by
seeding of competitive grasses.
13. Oxeye Daisy — (Chrysanthemum leucanthemum) A member of the sunflower family is an
erect perennial plant with white ray and yellow disk flowers which bloom from June
-7-
through August. A native of Eurasia, this aggressive plant has escaped cultivation and
become a troublesome weed in the Intermountain West.
Management Methods:
a) Cultural: Maintain range and pasture in good condition through proper irrigation and
fertilization.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: None known
d) Mechanical: Hand pulling or digging before seed head production can used to effectively
control small infestations. However, for this method to be successful it is important to
remove as much of the underground part as possible.
14. Scentless Chamomile — (Marticaria perforata) An escaped ornamental plant, this annual
has become widely established in the eastern part of Eagle County and is a threat to
native plant communities.
Management Methods:
a) Cultural: Learn to identify the plant and physically remove them when they first appear.
Seed competitive cool season grasses that out compete this plant at its early stage of
growth.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: No known biological controls
d) Mechanical: Since it is an annual plant, chamomile can be controlled by hand pulling,
cultivation, or any type of physical disturbance.
15. Common Tansy - (Tanacetum vulgare) An escaped ornamental, is a perennial plant,
from 1 %2 feet to 6 feet tall with showy button -like flowers. Tansy is a member of the
sunflower family and has become widely established on the western slope of Colorado.
Flowering typically occurs from July to September. Tansy reproduces by both seed and
creeping rootstock.
Management Methods:
a) Cultural: Prevent the establishment of new infestations by minimizing disturbance and
seed dispersal, eliminating seed production and maintaining healthy native communities.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: None known
d) Mechanical: can be mowed before flowering and seed set to eliminate seed production.
This method may have to be repeated to eliminate regrowth from the rootstock.
-8-
16. Salt Cedar (Tamarix chinensis) is a evergreen shrub or small tree which grows near
water and hydric soils and reaches a height of 5 to 20 feet tall. The leaves are small,
scale -like and bluish -green in color. Tiny pink to white colored flowers have five petals
and grow on slender racemes. Salt Cedar reproduces by seed
Management Methods:
a) Cultural: Prevent the establishment of new infestations by minimizing disturbance.
Revegetation and active management of revegetated areas is needed for disturbed areas to
prevent growth of this weed.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: The Salt Cedar Leaf Beetle (Diorhabda elongate) larvae and adults feed on
foliage and can cause plant death if defoliation is consistent. This beetle is commercially
available for distribution.
d) Mechanical: A bulldozer, chainsaw, or prescribed fire can be used in conjuction with
follow -up herbicide treatment for returning sprouts.
17. Yellow Sweet Clover (Melilotus officinalis) is an annual or biennial legume which grows
from 2 to 6 feet tall. It has small yellow to white flowers in a multiflowered terminal and
along auxillary racemes, serrated trifoliate leaves, somewhat resembles alfalfa. It is not
native to Colorado and appears on disturbed sites. It is a drought- tolerant plant.
Although useful for honey producers, it causes bloat in cattle and anticoagulation of
blood. The plant degrades native grasslands and reduces biodiversity by competing for
nutrients and by covering and shading native sun - loving plant species. It reproduces by
seed, producing as many as 100,000 seeds per plant; seeds may remain viable for up to 20
years.
Management Methods:
a) Cultural: Prevent the establishment of new infestations by minimizing disturbance.
Revegetation and active management of revegetated areas is needed for disturbed areas to
prevent growth of this weed.
b) Chemical: Contact licensed commercial applicator for specific recommendations for
herbicide use.
c) Biological: Sitona cylindricollis, the sweetclover weevil, may severely damage the plant.
Adults of the insect feed on the foliage and larvae feed on the roots of the plant. A
sweetclover root borer, Walshia miscecolrella, is a native insect that may damage
sweetclover plants on rare occasions. An ash -gray blister beetle, Epicauta fabricii, a
striped blister beetle, Epicauta vittata, and a margined blister beetle, Epicauta pestifera,
have also been found feeding on the plant. Yellow sweetclover is palatable by livestock -
within the risks mentioned above - and plant infestations may be reduced if heavily
grazed.
a) Mechanical: Hand pull early and when the soil is moist. Completely remove all plants
containing seeds. Burning has had variable results, including increasing germination, and
is therefore not recommended.
-10-
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Greg Daly, Interim Police Chief
From: Eric Heil, Town Attorney
Matt Jamison, Police Service Officer
Date: April 8th, 2010
Re: Revised Wildlife Ordinance, No 10-07, Series of 2010,
Summary: The revision of this ordinance will give a clearer understanding to residents, property
managers, commercial business owners and guests as to their responsibilities in protecting and
maintaining wildlife in the Town of Avon. It will also assist in minimizing the risk of dangerous
interactions between humans and wildlife.
Background: Avon Municipal Code 8.32, Wildlife Protection, currently defines Residential Refuse
Disposal as all residential refuse containers that receive garbage and /or refuse edible by wildlife.
These containers must either be wildlife resistant, wildlife proof or be kept in a fully enclosed
structure.
The current ordinance has not addressed commercial or multi - family housing units or the
responsibilities of the property owners or property managers. Therefore it has been difficult to seek
compliance and /or enforce violations without better definitions in the ordinance.
Discussion:
This ordinance revision better defines:
• Wildlife proof containers vs. wildlife resistant refuse containers.
• Residential refuse disposal to include multi housing developments and other types of
clustered residential housing utilizing centralized refuse containers.
• Commercial refuse disposal.
• The maintenance and operation of all refuse containers and enclosures
• The roles and responsibilities of property managers. property owners, any designated
property manager, any person in charge or control of a property, or any person who failed to
secure a container when depositing refuse or attractants.
Financial Implications: The revised Wildlife Ordinance does not have any fiscal implications.
Recommendation: Staff recommends adoption of the revised Wildlife Ordinance.
Recommended Motion: I move to adopt the revised Wildlife Ordinance.
Town Manager i
TOWN OF AVON, COLORADO
ORDINANCE NO. 10 -07
SERIES OF 2010
AN ORDINANCE REPEALING AND REENACTING
AVON MUNICIPAL CODE CHAPTER 8.32
WILDLIFE PROTECTION REGULATIONS
WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule
powers of the Town of Avon ( "Town "), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to C.R.S. §31- 15- 401(b), the Town Council has the power to do all
acts and make all regulations which may be necessary or expedient for the promotion of health or
the suppression of disease; and
WHEREAS, the Town Council recognizes that the Town has a responsibility to protect its
citizens and the local wildlife by eliminating temptations that attract wildlife; and
WHEREAS, establishing regulations regarding the containment, disposal, and collection of
refuse and prohibiting the feeding of wildlife is an appropriate method to protect both its citizens
and local wildlife; and
WHEREAS, pursuant to C.R.S. §31 -16 -101, the Town Council has the power to provide for
enforcement of its ordinances by, among other means, fines of not more that one thousand
dollars; and
WHEREAS, the Town Council finds that enacting regulations that restrict wildlife's access
to any garbage, refuse, or food product and providing penalties for violating those regulations
will minimize the risk of dangerous interaction between humans and wildlife, and that therefore
the Town Council finds that passage of this Ordinance will promote and preserve the health,
safety, and welfare of the Avon community.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
SECTION 1. RECITALS INCORPORATED.
incorporated herein by reference and adopted
Council.
The above and foregoing recitals are
as findings and determinations of the Town
SECTION 2. ORDINANCES REPEALED. The following ordinances are hereby repealed:
Ordinance No. 06 -15, AN ORDINANCE AMENDING CHAPTER 8.32, TITLE 8, AVON
MUNICIPAL CODE, RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING
PENALTIES FOR THE VIOLATION HEROF; Ordinance No. 06 -05, AN ORDINANCE
AMENDING CHAPTER 8.32, TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE
PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION
Ord. No. 2010
Page 1 of 8
v6 4.8.2010 ejh
HEROF; Ordinance No. 05 -07, AN ORDINANCE AMENDING TITLE 8, AVON
MUNICIPAL CODE, RELATING TO THE REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR
THE VIOLATION HEROF; and, Ordinance No. 04 -11, AN ORDINANCE AMENDING TITLE
8, AVON MUNICIPAL CODE, TO ESTABLISH REGULATIONS AND STANDARDS
REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR
THE VIOLATION HEROF.
SECTION 3. REPEALED AND REENACTED. Chapter 8.32 of the Avon Municipal Code is
hereby repealed and reenacted in its entirety to read as follows:
"CHAPTER 8.32
Wildlife Protection
8.32.010 Purpose.
The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding
areas and to minimize the risk of dangerous interaction between humans and wildlife.
8.32.020 Definitions.
As used in this Chapter, the following words or phrases are defined as follows:
Attractant means any substance which could be reasonably be expected to attract wildlife or
does attract wildlife, including, but not limited to, food products, pet food, feed, compost, grain,
or salt.
Centralized refuse container means any dumpster or similar device used for the collection
and storage of solid waste.
Refuse means any waste that could reasonably attract wildlife including, but not limited to:
kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices,
seasonings, and grease.
Resident means any person, firm, corporation, or organization within the Town or on Town -
controlled land.
Residential refuse container means any trashcan or similar device used for the collection and
storage of solid waste as defined in Section 8.12.010 that is not deemed wildlife- resistant by the
Living with Wildlife Foundation, Interagency Grizzly Bear Committee.
Special Event means a festival, fair, circus, concert, performance, race, vendor sales lot or
activity, or any other temporary activity using outdoor or indoor spaces approved or sponsored
by the Town and inviting the public to participate with or without charge, whether held on public
or private property.
Ord. No. 2010
Page 2 of 8
v6 4.8.2010 ejh
Town Manager means the Town Manager or designee responsible for enforcing the
provisions of this Chapter and to whom all enforcement personnel are responsible.
Wildlife means any undomesticated mammal, including, but not limited to, elk, deer, sheep,
lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats, and foxes.
Wildlife proof refuse container means a fully enclosed metal container with a metal lid, such
as a dumpster. The lid must have a latching device of sufficient design and strength to prevent
access by wildlife. Wildlife -proof refuse containers must remain intact and functional for at least
thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife
Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a
wildlife -proof refuse container if it is certified as such by an official designated by the Town.
Wildlife- resistant enclosure means a fully enclosed structure consisting of four (4) sides and
a roof. The structure must have a latching device of sufficient design and strength to prevent
access by wildlife. The walls of the enclosure must extend to the ground and the door can have
no more than a 3/8 -inch gap along the bottom. Ventilation openings shall be kept to a minimum
and must be covered with a metal mesh or other material of sufficient strength to prevent access
by wildlife. Wildlife- resistant enclosures are subject to both the Building Code and the Zoning
Code of the Town of Avon. An enclosure of less than two hundred (200) square feet shall not
require a building permit but will require approval of a minor project application from the Town.
An enclosure of two hundred (200) square feet or larger requires a building permit. A wildlife -
resistant enclosure must be approved by an official designated by the Town.
Wildlife- resistant refuse container means a fully enclosed container of sturdy construction,
either plastic or any other material which meets the definition of refuse container Section
8.12.010 of this Code and which is reinforced to deter access by wildlife. The container must
have a sturdy lid with a latching mechanism which prevents access to the contents by wildlife.
Wildlife- resistant refuse containers must remain intact and functional for at least thirty (30)
minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation,
Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife -
resistant refuse container if it is certified as such by an official designated by the Town.
8.32.030 Operation and maintenance of all refuse containers and enclosures.
(a) All refuse containers defined in this Chapter shall be kept closed and secured when refuse
is not being deposited. Any container which is so full as to prevent a container from latching as
designed is not a wildlife - resistant or wildlife -proof refuse container within the meaning of this
Chapter.
(b) Trash compactors may be in compliance with this Chapter so long as the lid of such
compactor is not exposed in such a manner as to permit access by wildlife. Compactor doors
must be kept closed at all times except when loading or removing refuse, and the area around the
compactor must be kept clean of refuse and debris.
Ord. No. 2010
Page 3 of 8
v6 4.8.2010 ejh
(c) If a container or enclosure is damaged such that it permits access by wildlife, repairs
must be made promptly and no later than twenty -four (24) hours after written notification from
the Town Manager or peace officers.
(d) All refuse containers that are placed at the curb, alley, or public right of way for
collection must have the residence street address and unit number permanently affixed to the
container with letters and digits no smaller than two inches in height.
8.32.040 Residential refuse disposal.
(a) All refuse containers that receive refuse or attractants as defined by this Chapter must be
either wildlife - resistant refuse containers or residential refuse containers. Residential refuse
containers must be securely stored within a house, garage, or wildlife- resistant enclosure.
(b) Residents with curbside pickup shall place their residential refuse containers out for
pickup at or after 6:00 a.m. on the morning of the pickup. After pickup, residential refuse
containers must be securely stored within a house, garage, or wildlife- resistant enclosure by the
end of the same day. If wildlife- resistant refuse containers are used, they may be placed out for
pickup after 6:00 a.m. on the day before pickup. After pickup, all wildlife- resistant refuse
containers must be secured in an appropriate manner before the end of the same day. If wildlife -
resistant refuse containers are placed curbside for pickup after 6:00 a.m. of the day before pickup
and such container is breached by wildlife, the resident or property owner may be required to
upgrade to a refuse container approved by an official designated by the Town or the wildlife -
resistant refuse container must be placed out for pickup at or after 6:00 a.m. of the morning of
the pickup.
(c) Other household waste that cannot reasonably be considered refuse or an attractant as
defined in this Chapter, including but not limited to, inedible yard maintenance waste, household
items, and cardboard, shall not require the use of wildlife - resistant or wildlife -proof refuse
containers when not commingled with refuse or any other attractant.
(d) Multi- family housing developments and other types of clustered residential housing
utilizing centralized refuse containers must use either a wildlife -proof refuse container or a
wildlife - resistant enclosure for all refuse and attractants. The container or enclosure shall be
kept closed in a secure manner except when refuse or attractants are being deposited. All
wildlife -proof refuse containers or wildlife - resistant enclosures shall post a conspicuous sign on
the container or enclosure which explains the proper usage of the container or enclosure. The
sign must provide sufficient information to remind residents of proper usage and be approved by
the Town of Avon Community Development Department and the Chief of Police prior to being
installed.
8.32.050 Special event refuse disposal.
Outdoor special event sites shall be kept free from the accumulation of refuse and attractants.
Refuse and attractants must be collected from such sites at the close of each day's activities and
shall be deposited into appropriate wildlife - resistant or wildlife -proof refuse containers or
Ord. No. 2010
Page 4 of 8
v6 4.8.2010 ejh
wildlife- resistant enclosures as provided in this Chapter, or shall be removed to an appropriate
disposal site.
8.32.060 Construction site refuse disposal.
All construction sites must have a designated refuse container that receives refuse or
attractants as defined by this Chapter. This container shall be a wildlife -proof refuse container.
8.32.070 Commercial refuse disposal.
All refuse containers receiving refuse and attractants from commercial establishments and
restaurants shall be wildlife -proof refuse containers or shall be secured in a wildlife - resistant
enclosure. Notwithstanding the forgoing, this requirement shall not apply to municipal refuse
containers which are emptied at the end of each day or multiple times per day.
8.32.080 Feeding wildlife prohibited.
(a) No person shall intentionally or unintentionally feed or provide food in any manner for
wildlife on public or private property within the Town. Persons will be considered to be in
violation of this Chapter if they leave or store any garbage, refuse, attractant, or food product in a
manner that would create an attraction for wildlife.
(b) No person shall leave or store any refuse, attractant, food product, pet food, grain, or salt
in a manner which would constitute a lure, attraction, or enticement for wildlife.
(c) Between the dates of April 15 and November 15, all bird feeders must be suspended on a
cable or other device so that they are inaccessible to bears, and the area below the feeders must
be kept free from the accumulation of seed debris.
(d) This Section shall not apply to:
(1) Any individual, company, or corporation that is duly licensed by the State or
otherwise entitled under law to possess a wildlife species.
(2) Any action that is officially sanctioned by the State that would require feeding,
baiting, or luring of wildlife. An example of one such action would be scientific projects
dealing with capturing and tagging wildlife.
(3) The feeding of wild birds, unless the bird feeder begins to attract other forms of
wildlife.
8.32.090 Enforcement
(a) The Town Manager and peace officers shall, in connection with their duties imposed by
law, enforce the provisions of this Chapter.
(b) The Town Manager and peace officers shall have the right to inspect, during reasonable
hours, any property in the Town concerning any wildlife matter or potential wildlife attractant.
Ord. No. 2010
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v6 4.8.2010 ejh
(c) The Town Manager and peace officers shall have the authority to issue a warning notice,
citation, summons, complaint, penalty assessment notice or other charging document in
accordance with Chapter 1.09 of the this Code to any person in violation of this Chapter
including, but not limited to, property owners, any designated property manager, any person in
charge or control of a property, or any person who failed to secure a container when depositing
refuse or attractants.
(d) A resident shall be deemed to have been issued an appropriate notice of violation if it is
personally served upon the resident posted on the resident's premises or placed in the U.S. Mail,
postage pre -paid, and addressed to the resident according to the last known address given by the
resident to any Town or County government department. If the identity of the resident is not
known, the entity responsible for payment of the garbage removal services for the subject
location will be held responsible for complying with this Chapter and for any penalties assessed
pursuant to the same.
(e) In addition to the penalties outlined herein, upon order of the Town Manager or a peace
officer, violators will be required to perform all necessary actions to remove or abate attractions
to wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food,
cleaning or appropriate storage of barbeque grills, and /or the required use of wildlife - resistant
refuse containers, wildlife -proof refuse containers, or wildlife - resistant enclosures.
8.32.100 Penalties.
(a) The graduated fine schedule for the penalty assessment
procedure is as follows: fenaLty
Violation
$100 to $250 fine
First violation.
$250 to $1,000 fine
Each successive
violation within twelve
(12) months of the
previous violation.
Ed
SECTION 3. CODIFICATION AMENDMENTS. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
SECTION 4. SEVERABILITV. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
Ord. No. 2010
Page 6 of 8
v6 4.8.2010 ejh
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause, or phrase; the term "application' means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 6. SAFETY CLAUSE. The Town Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
SECTION 7. NO EXISTING VIOLATION AFFECTED. Nothing in this Ordinance shall be
construed to release, extinguish, alter, modify, or change in whole or in part any penalty,
liability, or right or affect any audit, suit, or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing which may
have been incurred or obtained under any ordinance or provision hereby repealed or amended by
this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by
this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any
and all proper actions, suits, proceedings, and prosecutions, for the enforcement of such penalty,
liability, or right and for the enforcement of such penalty, liability, or right and for the purpose of
sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
such actions, suits, or proceedings, or prosecutions imposing, inflicting, or declaring such
penalty or liability or enforcing such right, and shall be treated and held as remaining in force for
the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
SECTION 8. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[remainder of page intentional left blank — signature page follows]
Ord. No. 2010
Page 7 of 8
v6 4.8.2010 ejh
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 27,
2010, at the Council Chambers of the Avon Municipal Building, located at 1 Lake Street, Avon,
Colorado, on April 13, 2010.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on April 27, 2010.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord. No. 2010
Page 8 of 8
v6 4.8.2010 ejh
TOWN OF AVON, COLORADO
AVON WORK SESSION MEETING FOR TUESDAY, APRIL 13, 2010
MEETING BEGINS AT 1 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER NO. 2 BELOW
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1:00 PM —1:15 PM 1. EXECUTIVE SESSION
a. The sale of real property pursuant to Colorado Revised Statute §24-6 -
402(4)(a), receiving legal advice pursuant to Colorado Revised Statutes
§24- 6- 402(4)(b) and determining strategy for negotiations and instructing
negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(e)
concerning Buffalo Ridge 1
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
1:15 PM — 1:30PM 3. COUNCIL COMMITTEE AND STAFF UPDATES
a. Eagle County Open Space Advisory Committee Update (Ron Wolfe, Mayor)
b. Eagle River Water & Sanitation District (Kristi Ferraro, Councilor) Questions
related to the operation's report submitted by ERWSD
c. Eagle River Fire Protection District Impact Fees (Scott Wright, Assistant
Town Manager Finance) Memo only Review ERFPD budget as a result of the
adoption of the impact fee ordinance
d. Harry A. Nottingham Park Pavilion Update / Memo only
1:30 PM — 3:30 PM 4. AVON DEVELOPMENT CODE (Sally Vecchio, Asst Town Manager Community
Development, Eric Heil, Town Attorney) Review several aspects of the development
code including bonus density, commercial zoning, parking regulations, and PUD
regulations
3:30 PM — 5:00 PM 5. EAGLE VALLEY MULTI -PARTY LAND EXCHANGE (Ron Wolfe, Mayor) Review status
of multi -party land exchange
5:OOPM 6. ADJOURNMENT
Avon Council Meeting.10.04.13
Page 1 of 5
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager Initials
Legal: Eric Heil, Town Attorney
From: Scott Wright, Asst. Town Manager - Finance
Date: April 7, 2010
Re: Eagle River Fire Protection District Impact Fees
Summary:
In July, 2008 the Town passed Ordinance No. 08 -06, which adopted a fire protection and
emergency services impact fee on behalf of the Eagle River Fire Protection District (District).
Pursuant to Section 3.7 of the Intergovernmental Agreement (IGA) between the Town and
the District that governs the payment, collection and use of such impact fees, the District is to
provide to the Town its annual audit report and its annual budget detailing the revenues and
expenditures of the impact fees.
Attached is a transmittal letter from Nikki Cribbs, the District's financer office, and the
District's 2010 annual budget. According to Ms. Cribbs, there are no anticipated expenditures
of impact fees anticipated during the 2010 year.
Town Manager Comments:
E*XI
Attachments:
A — Transmittal Letter and 2010 Annual Budget — Eagle River Fire Protection District
Page 1
r( a
Se;ew
February 18, 2010
Town of Avon Commissioners
PO Box 975
Avon, CO 81620
Re: 2010 Budget - Impact Fee Planned Expenditures
Per the District and the Town of Avon intergovernmental agreement regarding impact fee
collection, find attached the adopted 2010 Budget. Note that there are no anticipated
expenditures with collected impact fee funds anticipated during 2010.
Our December 31, 2009 audit and detailed impact fee collections report will be forwarded upon
completion and approval by our Board of Directors, no later than July 31, 2010.
If you have any questions, please do not hesitate to contact me at (970) 748 -4750 2.
Sincerely,
Nikki Cribbs
ncriMrx�eegiwr7�4lrcnry, tn{�5
Oatc.�]gIC�.O 18 �S:3a 63 -UTW'
Nikki Cribbs
Finance Officer
Eagle River Fire Protection District
(970) 748 -4750
ncribbs@eagleriverfire.org
POST OFFICE BOX 7980 • 0351 BENCHMARK ROAD • AvON, COLORADO 81620 -7980
PHONE: 970- 748 -9665 • FAX: 970- 748 -4749 • EMAIL: INFO @ERFPD.ORG
EAGLE RIVER FIRE PROTECTION DISTRICT
AVON, COLORADO
BUDGET MESSAGE
The Eagle River Fire Protection District serves a 186 square mile area of Eagle County, Colorado
including the communities of Avon, Arrowhead, Bachelor Gulch, Beaver Creek, Cordillera, Eagle -
Vail, Edwards, Minturn, Red Cliff, and Wolcott. It is a professional fire service agency with nine
stations of which five are staffed 24 -hours per day by 52 full -time employees and a resident - firefighter
capacity of 22. The District is equipped to protect residences, businesses, rural areas, high -rise resort
hotels, and forested areas throughout the District
The attached budget for the Eagle River Fire Protection District includes the proposed expenditures of
the District and the means of financing them. A public hearing is conducted prior to adoption of the
budget to obtain taxpayer comments. The budget is legally adopted and expenditures appropriated
through the passage of budget resolutions on or before the last day of December.
The Board of Directors is authorized to transfer budget amounts between line items. However, the
Board of Directors must approve any revisions that exceed the total expenditures by supplemental
appropriation. The level upon which expenditures may not legally exceed appropriations is the legally
adopted annual operating budget for the fund.
The District budget is made up of three funds: the General Operating Fund, the Capital Impact Fund,
and the Debt Service Fund. The General Operating Fund encompasses all financial resources relating
to the overall operations of the District including personnel, commodities, contract services and
general debt services. The Capital Impact Fund encompasses reserves to fund specific capital projects
that address growth and its impact on the current service levels of the District. The Debt Service Fund,
being added in 2010, encompasses the accumulation of resources for, and the payment of, debt
principal and interest related to the certification of participation series 2010.
The District's budget is prepared on the modified accrual basis of accounting, which accounts for
revenues when they are measurable and available, and expenditures within the period in which the
District normally liquidates the related liability rather than when the liability is first incurred.
Governmental accounting standards require a comparison of the legally adopted budget with actual
data on the budgetary basis, which actual data may differ from GAAP presentations in the audit report.
Budget Highlights
The District's revenues remain stable and the expenditures modest. Due to the uncertain national
financial climate and the pending 2011 reassessment of properties, the District is taking a conservative
approach to the overall 2010 Budget, and will be operating cautiously in these uncertain economic
times. The property tax mill rate is budgeted to remain at 5.550 mills.
Revenues
Page 1 of 2
U:\Accounting \Budgets\2010 Budget \Proposals\2010 Budget Message 112008 doc
Last printed 11/20/2009 2:55 PM
Within the General Fund, the District can anticipate $622,408 from an ad valorem increase in the
assessed value, and $5,529,286 from capital and bond proceeds. It will also continue to receive funds
awarded in 2009 from a SAFER grant designated to help finance nine (9) firefighters and contributions
from Beaver Creek Metropolitan District for service contract fees.
As accounted for within the Capital Impact Fund, Eagle County, the Town of Avon, the Town of
Minturn, and the Town of Redcliff have all begun collecting impact fees on the District's behalf.
However, due to the decelerated rate of construction and development both on a local and national
level, impact fee collections for 2010 are estimated to be lower than originally modeled. Impact fee
collections and interest revenues for 2010 are estimated at $77,429 total.
A new Debt Service Fund, being created during the 2010 Budget process, will be utilized to restrict
general operating resources for the purpose of paying principal and interest toward the certificate of
participation bonds, series 2010. $764,286 will be transferred in from the General Operating Fund for
these purposes. While another estimated $3,653 is anticipated in interest.
Expenditures
The General Fund budget is allocating $5,008,359 for capital. The District will continue to maintain
its current fleet stock by purchasing a Type III engine for approximately $300,000 utilizing capital
lease proceeds. It also anticipates a land acquisition for a regional fire station in Avon with
$4,465,000 being allocated to: (i) finance the cost of acquiring land for District purposes; (ii) fund a
reserve fund; and (iii) pay the costs of issuing the 2010 certificates. Closing on this land acquisition is
anticipated for early 2010.
Impact fees collected in years 2008 through 2010, are being held within the Capital Impact Fund until
collection rates begin to pick up. The District anticipates expending $4,612 for collection service fees
with no other capital growth appropriations for 2010.
Within the Debt Service Fund and as part of the lease purchase agreement for the Avon land
acquisition, certificates of participation were offered and issued in the later part of 2009 with
anticipated delivery through the facilities of DTC on or about January 4, 2010 totaling $4,465,000. Per
this agreement, the lease payment of $365,773 is payable in late 2010.
Summary
Due to the uncertainties of the local economy, unknown future revenue impacts from the upcoming
property reassessment, and projection of only modest revenue increases and some considerable
declines, the District has taken a cautious approach to the 2010 Budget. It forecasts to maintain a
healthy ending fund balance of $3,689,031, with $249,885 being recognized as the statutory
requirement for TABOR emergency reserves and another $402,166 as debt service reserves. This
again, is designed to add a financial cushion in these times of uncertainty.
Page 2 of 2
UAAccountmg\Budgets\2010 BudgetTroposals\2010 Budget Message 112008.doc
Last printed 11/20/2009 2:55 PM
Eagle River Fire Protection District
Adopted 2010 Budget - 11/19/09
Summary of Funds
GENERAL
CAPITAL DEBT
TOTAL
OPERATING
IMPACT SERVICE
ALL DISTRICT
FUND
FUND FUND
FUNDS
FUND BALANCE - January 1, 2010 $ 2,950,135
$ 112,688 $ -
3,062,823
REVENUES
Property Tax - Current
Property Tax - Delinquent
Property Tax - Interest on Delinquencies
Specific Ownership Taxes
Impact Fees
Inspection and Plan Review Fees
Motor Vehicle Accident Fees
BCMD
Other Governmental
Grants- Federal
Grants- State
Interest Revenue
Sale of Fixed Assets
Capital Lease Proceeds
Bond Proceeds
Other
Transfers In
Total Revenues
TOTAL FUNDS AVAILABLE
EXPENDITURES
General and Administrative
Emergency Response
Fire Prevention
Training
Capital
Resident Program
Transfers Out
Total Expenditures
NET SOURCE (USE) OF FUNDS
6,981,942 - - 6,981,942
250,000
- - 250,000
5,129,352
76,866 - 76,866
40,000
- - 40,000
10,000
- - 10,000
935,134
- - 935,134
325,130
- - 325,130
5,000
- - 5,000
20,000
563 3,653 24,216
300,000
- - 300,000
4,465,000
- - 4,465,000
10,000
- - 10,000
-
- 764,286 764,286
13,342,206
77,429 767,939 14,187,575
16,292,341 190,117 767,939 17,250,397
1,712,183
- - 1,712,183
5,129,352
- - 5,129,352
378,911
- - 378,911
353,636
- - 353,636
4,744,593
4,612 365,773 5,114,978
108,020
- - 108,020
764,286
- - 764,286
13,190,981
4,612 365,773 13,561,366
151,225 72,817 402,166 626,209
FUND BALANCE - December 31, 2010 3,101,360 185,505 402,166 3,689,031
*3 %TABOR Emergency Reserve 247,562 2,323 - 249,885
Restricted Reserve - 183,182 402,166 585,348
NET FUND BALANCE - December 31, 2010 2,853,798
*Based on revenues from the General Fund and the
Capital Impact Fund.
EXHIBIT 1 11/20/2009 -2:49 PM
Page 1 Adopted 2010 Budget - 111909 200k p4p 8x11.xls
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
GENERAL FUND
Revenue and Expenditure Summary
Account
Number
Account
Description
Actual
2008
Adopted
Final
Budget
2009
Adopted
Budget
2010
Difference
4,778,067
REVENUES
5,129,352
389,837
Fire Prevention
325,918
5101
Property Tax - Current
$ 6,234,834
$ 6,359,534
$ 6,981,942
$ 622,408
5102
Property Tax - Delinquent
386
35,000
-
(35,000)
5103
Property Tax - Interest on Delinquencies
10,207
15,000
-
(15,000)
5151
Specific Ownership Taxes
308,008
250,000
250,000
-
5201
Inspection and Plan Review Fees
46,666
30,000
40,000
10,000
5202
Motor Vehicle Accident Fees
8,539
10,000
10,000
-
5302
BCMD
907,897
935,134
935,134
0
5399
Other Governmental
72,147
4,080
-
(4,080)
5914
Grants- Federal
-
233,772
325,130
91,358
5915
Grants- State
7,005
4,000
5,000
1,000
5701
Interest Revenue
95,157
20,000
20,000
-
5913
Capital Proceeds
953,922
-
300,000
300,000
5916
Bond Proceeds
-
-
4,465,000
4,465,000
5801
Other
47,314
13,000
10,000
(3,000)
5916
Transfer From Debt Service Fund
-
-
-
-
5917
Transfer from Capital Impact Fund
-
-
-
-
Total Revenues 8,692,081 7,909,520 13,342,206 5,432,686
EXPENDITURES
General and Administrative
1,389,711
1,413,985
1,712,183
298,199
Emergency Response
4,778,067
4,739,515
5,129,352
389,837
Fire Prevention
325,918
356,593
378,911
22,318
Training
292,729
337,308
353,636
16,328
Capital
1,490,629
866,293
4,744,593
3,878,300
Resident Program
36,891
102,564
108,020
5,456
Transfer to Capital Impact Fund
-
-
-
-
Transfer to Debt Service Fund
-
-
764,286
764,286
Total Expenditures 8,313,945 7,816,257 13,190,981 5,374,724
NET SOURCE (USE) OF FUNDS 378,136 93,263 151,225
FUND BALANCES, Beginning of Year 2,478,737 2,856,872 2,950,135
FUND BALANCES, End of Year $ 2,856,872 $ 2,950,135 $ 3,101,360
Emergency Reserve $ 232,145 $ 230,272 $ 247,562
EXHIBIT 1 11/20/2009 -2:49 PM
Page 2 Adopted 2010 Budget - 111909 200k p4p 8x11.x1s
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
GENERAL FUND
General and Administrative - Department 1
Account
Number
Account
Description
Actual
2008
Adopted
Final
Budget
2009
6302
Personnel:
6303
Accounting and Administration
6101
Regular Full -time Salaries
$ 201,275
$ 234,791
6103
Director's Fees
5,675
6,100
6104
Pay for Performance Pool
-
-
6111
Overtime Wages
-
-
6131
FT Pension
21,872
26,500
6132
PTS Pension
122
200
6133
Wellness
1,000
1,250
6134
Employee Assistance Program
-
-
6141
Medicare Tax
2,868
3,520
6151
Group Health & Life Insurance
35,275
46,350
6155
Long -term Disability Insurance
673
1,197
6158
Worker's Compensation
5,080
6,085
6159
Unemployment Insurance
411
728
6100 Total Personnel
Commodities:
6221 Gifts and Awards
6222 Food and Beverages
6223 Janitorial /Custodial /Cleaning Supplies
6231 Other Miscellaneous Operating Supplies
6232 Station Consumables
6294 Computers, Software and Peripherals
6295 Books and Periodicals
6299 Office Supplies and Materials
6200 Total Commodities
Adopted
Budget
2010 Difference
$ 238,791 $ 4,000
6,400
Contracted Services:
6301
Legal Services
6302
Audit Fees
6303
Accounting and Administration
6309
Other Professional Services
6321
Printing and Reproduction Services
6323
Police Checks
6331
Medical Services and Examinations
6333
Computer Services and Support
6351
R &M - Buildings and Facilities
6352
R &M - Office Equipment/Computers
6354
R &M - Radios /Communications Equip
6355
R &M - Machinery & Equipment
Adopted
Budget
2010 Difference
$ 238,791 $ 4,000
6,400
300
200,000
200,000
2,000
2,000
26,267
(233)
300
100
1,350
100
27
27
6,507
2,987
47,399
1,049
1,218
21
15,806
9,721
1,346
618
274,252 326,722 547,411 220,689
1,155
1,100
1,500
400
29,556
16,750
9,000
(7,750)
10,875
11,000
11,000
-
1,426
750
1,000
250
2,776
3,500
3,500
-
20,181
21,695
18,500
(3,195)
795
1,000
1,000
-
12,126
10,000
10,000
-
78,889 65,795 55,500 (10,295)
92,675
75,000
70,000
(5,000)
4,500
5,500
5,500
-
86,892
87,000
87,000
-
170,117
61,400
80,000
18,600
5,145
5,250
6,000
750
(70)
1,000
1,000
-
6,649
16,000
12,000
(4,000)
23,457
80,000
99,000
19,000
46,238
70,000
65,000
(5,000)
3,075
3,500
2,500
(1,000)
2,685
4,200
5,000
800
122
500
500
-
EXHIBIT 1
Page 3
11/20/2009 - 2:49 PM
Adopted 2010 Budget - 111909 200k pop 8x11.As
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
GENERAL FUND
General and Administrative - Department 1
Account
Number
Account
Description
Actual
2008
Adopted
Final
Budget
2009
Adopted
Budget
2010
Difference
Contracted Services (Continued)
6357
Laundry and Cleaning Services
5
-
-
-
6371
Rentals - Housing & Offices
70,528
100,380
114,200
13,820
6372
Rentals - Office Equipment
6,707
9,700
9,800
100
6373
Rentals - Radios /Communication Equip
25,025
25,025
30,000
4,975
6379
Other Miscellaneous Rentals
3,822
3,000
2,800
(200)
6399
Contract Services Other
320
500
500
-
6300
Total Contracted Services
647,890
547,955
590,800
42,845
Other Operating Costs:
6401
Travel and Lodging
7,571
12,000
16,100
4,100
6402
Dues, Licenses and Memberships
7,262
7,725
13,000
5,275
6405
Training and Conference
639
3,500
4,500
1,000
6411
Telephone & Long Distance
40,173
40,000
42,000
2,000
6412
Gas
25,433
27,000
30,000
3,000
6413
Electric
31,845
32,000
34,000
2,000
6414
Water and Sanitation
14,848
15,000
15,000
-
6415
Trash Collection and Recycling
5,317
5,500
5,000
(500)
6421
Postage and Delivery
3,532
3,000
5,000
2,000
6422
Treasurer Fees
187,518
192,587
209,458
16,871
6424
Election Costs
4,213
-
5,000
5,000
6425
Bank Service Charges
813
500
1,100
600
6426
RHMAEC Fund Management
3,394
-
-
-
6429
Other Administrative Fees
285
1,500
1,500
-
6471
Advertising and Legal Notices
823
1,000
2,000
1,000
6472
Multi- Agency Resources
5,000
10,000
-
(10,000)
6473
Operating Fees /Assessments /Charges
49,361
46,000
50,000
4,000
6487
Insurance Premiums
68,480
67,200
72,214
5,014
6499
Other Miscellaneous Operating Costs
25,214
1,000
2,600
1,600
6400
Total Other Operating Costs
481,723
466,512
508,472
42,960
6801
Fire Chiefs Contingency
6,967
8,000
10,000
2,000
6000
Total Expenditures
$ 1,389,711
$ 1,413,985
$ 1,712,183
$ 298.199
EXHIBIT 1 11/20/2009 -2:49 PM
Page 4 Adopted 2010 Budget - 111909 200k p4p 8x11.xls
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
GENERAL FUND
Emergency Response - Department 2
6100 Total Personnel
Commodities:
6201 Firefighting Materials
6202 Protective Clothing
6203 HAZMAT Equipment
6204 Rescue Materials
6205 EMS Materials
6211 Fuel
6212 Shop and Mechanical Supplies/Tools
6213 Auto Equipment Maintenance Supplies
6222 Food and Beverages
6225 Clothing and Uniforms
6226 Safety Materials and Supplies
6227 Consumable Tools /Small Equipment
6230 Communications Supplies
6298 Employee Preparedness Supplies
6200 Total Commodities
Contracted Services:
6306 Regional Hazmat Association
6355 R &M - Machinery & Equipment
6356 Fleet Maintenance Services
3,898,078 41266,163 41683,644 417,481
104,802
40,000
44,350
Adopted
40,332
61,200
56,500
(4,700)
3,604
Final
Adopted
5,000
Account
Account
Actual
Budget
Budget
11,350
Number
Description
2008
2009
2010
Difference
418
Personnel:
500
-
5,820
6,000
6101
Regular Full -time Salaries
$ 2,438,277
$ 2,688,869
$ 2,872,946
$ 184,077
6102
PTS Wages
169,134
180,808
234,792
53,984
6111
Overtime Wages
245,826
135,000
150,000
15,000
6112
Overtime Wages - FLSA
183,711
205,100
240,862
35,762
6131
FT Pension
263,791
293,720
316,024
22,304
6132
PTS Pension
7,910
7,300
10,235
2,935
6133
Wellness
17,591
19,500
23,350
3,850
6134
Employee Assistance Program
-
-
468
468
6141
Medicare Tax
43,854
48,465
54,040
5,575
6151
Group Health & Life Insurance
342,073
458,725
505,696
46,971
6155
Long -term Disability Insurance
8,296
12,200
14,652
2,452
6156
FPPA Disability Insurance
56,036
65,800
73,683
7,883
6158
Worker's Compensation
115,415
140,000
175,715
35,715
6159
Unemployment Insurance
6,164
10,676
11,181
505
6100 Total Personnel
Commodities:
6201 Firefighting Materials
6202 Protective Clothing
6203 HAZMAT Equipment
6204 Rescue Materials
6205 EMS Materials
6211 Fuel
6212 Shop and Mechanical Supplies/Tools
6213 Auto Equipment Maintenance Supplies
6222 Food and Beverages
6225 Clothing and Uniforms
6226 Safety Materials and Supplies
6227 Consumable Tools /Small Equipment
6230 Communications Supplies
6298 Employee Preparedness Supplies
6200 Total Commodities
Contracted Services:
6306 Regional Hazmat Association
6355 R &M - Machinery & Equipment
6356 Fleet Maintenance Services
3,898,078 41266,163 41683,644 417,481
104,802
40,000
44,350
4,350
40,332
61,200
56,500
(4,700)
3,604
4,000
9,000
5,000
30,684
29,000
18,485
(10,515)
7,399
11,350
7,000
(4,350)
86,042
45,000
55,000
10,000
418
500
500
-
5,820
6,000
5,000
(1,000)
1,960
2,000
3,000
1,000
22,325
20,000
21,000
1,000
2,684
2,500
4,000
1,500
2,912
1,500
2,000
500
47,198
20,305
32,000
11,695
356,181 243,355 257,835 14,480
28,577 36,047 36,473 426
23,999 65,550 20,000 (45,550)
108,087 108,400 108,400 -
6300 Total Contracted Services 160,663 209,997 164,873 (45,124)
EXHIBIT 1 11/20/2009 -2:49 PM
Page 5 Adopted 2010 Budget - 111909 200k p4p 8x11.xls
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
GENERAL FUND
Emergency Response - Department 2
6400 Total Other Operating Costs 15,330 20,000 23,000 3,000
Debt Service:
6526 Capital Lease Payment - 2003 12,364 - - -
6528 Capital Lease Payment - (Minturn Pumper 69,427 - - -
6529 Capital Lease Payment - 2007 266,023 - - -
6500 Total Debt Service 347,814 - - -
6000 Total Expenditures $ 4,778,067 $ 4,739,615 $ 6,129,352 $ 389,837
EXHIBIT 1 11/20/2009 -2:49 PM
Page 6 Adopted 2010 Budget - 111909 200k pop 8x11.xls
Adopted
Final
Adopted
Account
Account
Actual
Budget
Budget
Number
Description
2008
2009
2010 Difference
Other Operating Costs:
6416
Cellular and Paging Services
11,912
20,000
20,000 -
6472
Financial Support/Donations /Contributions
-
-
-
6474
Deployment Direct Costs
3,418
-
3,000 3,000
6400 Total Other Operating Costs 15,330 20,000 23,000 3,000
Debt Service:
6526 Capital Lease Payment - 2003 12,364 - - -
6528 Capital Lease Payment - (Minturn Pumper 69,427 - - -
6529 Capital Lease Payment - 2007 266,023 - - -
6500 Total Debt Service 347,814 - - -
6000 Total Expenditures $ 4,778,067 $ 4,739,615 $ 6,129,352 $ 389,837
EXHIBIT 1 11/20/2009 -2:49 PM
Page 6 Adopted 2010 Budget - 111909 200k pop 8x11.xls
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
GENERAL FUND
Fire Prevention - Department 3
Account Account
Number Description
Personnel:
6101 Regular Full -time Salaries
6111
Overtime Wages
6131
FT Pension
6133
Wellness
6134
Employee Assistance Program
6141
Medicare Tax
6151
Group Health & Life Insurance
6155
Long -term Disability Insurance
6156
FPPA Disability Insurance
6158
Worker's Compensation
6159
Unemployment Insurance
6100 Total Personnel
6200 Total Commodities
Adopted
Commodities:
6222
Food and Beverages
6225
Clothing and Uniforms
6227
Consumable Tools /Small Equipment
1,500
Promotional /Informational /Marketing
6228
-
-
Mtrl
6295
Books and Periodicals
6200 Total Commodities
Adopted
4,000
Final
Adopted
Actual Budget
Budget
2008 2009
2010 Difference
$ 208,582 $ 223,900 $ 225,691 $ 1,791
2,327
4,000
7,000
3,000
22,748
25,300
24,826
(474)
1,500
1,500
1,500
-
-
-
27
27
2,912
3,300
3,374
74
37,937
48,200
49,338
1,138
753
1,025
1,151
126
3,018
3,250
3,173
(77)
4,451
5,335
5,383
48
421
693
698
5
284,649 316,503 322,161 5,658
860 960 1,600 640
1,712 1,200 1,800 600
762 2,000 2,000 -
8,115 8,600 11,500 2,900
703 1,500 2,500 1,000
12,152 141260 19,400 5,140
Other Operating Costs:
6401 Travel and Lodging
6402 Dues, Licenses and Memberships
6405 Training and Conference
6400 Total Other Operating Costs
3,973 4,800 12,000 7,200
570 800 800 -
973 4,800 4,800 -
5,516 109400 179600 7,200
6000 Total Expenditures $ 325.918 $ 356.593 $ 378.911 $ 22.318
EXHIBIT 1 11/20/2009 -2:49 PM
Page 7 Adopted 2010 Budget - 111909 200k pop 8x11.xls
Contracted Services:
6304
Engineering Services
22,945 14,400
18,000 3,600
6321
Printing and Reproduction Services
656 750
1,500 750
6332
Photography Services
- 280
250 (30)
6300
Total Contracted Services
23,601 159430
199750 4,320
Other Operating Costs:
6401 Travel and Lodging
6402 Dues, Licenses and Memberships
6405 Training and Conference
6400 Total Other Operating Costs
3,973 4,800 12,000 7,200
570 800 800 -
973 4,800 4,800 -
5,516 109400 179600 7,200
6000 Total Expenditures $ 325.918 $ 356.593 $ 378.911 $ 22.318
EXHIBIT 1 11/20/2009 -2:49 PM
Page 7 Adopted 2010 Budget - 111909 200k pop 8x11.xls
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
GENERALFUND
Training - Department 4
6200 Total Commodities
Contracted Services:
6309 Training Facilitators
6355 Printing and Reproduction Services
6300 Total Contracted Services
Other Operating Costs:
6401 Travel and Lodging
6402 Dues, Licenses and Memberships
6405 Training and Conference
6400 Total Other Operating Costs
38,147 51,955 44,233 (7,722)
11,090 16,000 15,000 (1,000)
- 500 500 -
11,090 16,500 15,500 (1,000)
2,100
3,900
2,600 (1,300)
Adopted
1,000
1,000 -
33,087
40,000
48,900 8,900
Final
Adopted
Account
Account
Actual
Budget
Budget
Number
Description
2008
2009
2010
Difference
Personnel:
6101
Regular Full -time Salaries
$ 156,377
$ 158,500
$ 159,759
$ 1,259
6111
Overtime Wages
3,760
5,000
17,900
12,900
6131
FT Pension
17,132
17,900
17,925
25
6133
Wellness
750
850
850
-
6134
Employee Assistance Program
-
-
18
18
6141
Medicare Tax
2,312
2,360
2,576
216
6151
Group Health & Life Insurance
16,360
26,500
28,487
1,987
6155
Long -term Disability Insurance
538
815
815
0
6156
FPPA Disability Insurance
4,016
4,230
4,154
(76)
6158
Worker's Compensation
6,098
7,310
8,386
1,076
6159
Unemployment Insurance
326
488
533
45
6100
Total Personnel
207,670
223,953
241,403
17,450
Commodities:
6221
Gifts and Awards
-
-
-
-
6222
Food and Beverages
655
500
500
-
6224
Training Supplies
2,803
7,500
20,000
12,500
6229
Wellness /Fitness Equip & Supplies
32,333
35,820
19,433
(16,387)
6292
AudioNisual Supplies
99
2,135
300
(1,835)
6294
Computers, Software and Peripherals
179
3,500
1,500
(2,000)
6295
Books and Periodicals
2,078
2,500
2,500
-
6200 Total Commodities
Contracted Services:
6309 Training Facilitators
6355 Printing and Reproduction Services
6300 Total Contracted Services
Other Operating Costs:
6401 Travel and Lodging
6402 Dues, Licenses and Memberships
6405 Training and Conference
6400 Total Other Operating Costs
38,147 51,955 44,233 (7,722)
11,090 16,000 15,000 (1,000)
- 500 500 -
11,090 16,500 15,500 (1,000)
2,100
3,900
2,600 (1,300)
635
1,000
1,000 -
33,087
40,000
48,900 8,900
35,822 44,900 52,500 7,600
6000 Total Expenditures $ 292,729 $ 337.308 $ 353,636 $ 16,328
EXHIBIT 1 11/20/2009 -2:49 PM
Page 8 Adopted 2010 Budget - 111909 200k p4p 8x11.xls
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
GENERAL FUND
Capital - Department 5
6500 Total Debt Service
451,793 636,093 184,300
Capital Outlay:
Adopted
Final
Adopted
Account
Account
Actual Budget
Budget
Number
Description
2008 2009
2010 Difference
5,000
Debt Service:
6613
Building Improvements - Cord
6527
Issuance Costs
$ - $ -
$ 184,300 $ 184,300
6528
Capital Lease Payment - 2005
- 69,427
69,427 -
6529
Capital Lease Payment - 2007
- 266,023
266,023 -
6530
Capital Lease Payment - 2008
- 116,343
116,343 -
6500 Total Debt Service
451,793 636,093 184,300
EXHIBIT 1 11/20/2009 -2:49 PM
Page 9 Adopted 2010 Budget - 111909 200k p4p 8x11.xls
Capital Outlay:
6601
Land Acquisitions - Lot 1A
34,602
164,000
3,650,000
3,486,000
6612
Building Improvements - Avon
27,341
19,400
5,000
(14,400)
6613
Building Improvements - Cord
10,107
140,000
5,000
(135,000)
6614
Building Improvements - EV
30,983
6,700
5,000
(1,700)
6615
Building Improvements - Edwards
51,398
-
70,000
70,000
6616
Building Improvements - Wildridge
-
-
7,500
7,500
6618
Building Improvements - Minturn
2,272
-
8,000
8,000
6619
Building Improvements - Redcliff
-
-
-
6620
Building Improvements - Summit
4,750
-
-
6632
Computers and Peripherals
2,987
9,200
58,000
48,800
6634
Furniture and Fixtures
44,411
-
-
-
6639
Other Machinery and Equipment
39,624
75,200
-
(75,200)
6651
Automobiles and Light -duty Trucks
289,072
-
-
-
6652
Heavy Trucks
953,084
-
300,000
300,000
6600
Total Capital Outlay
1,490,629
414,500
4,108,500
3,694,000
6000
Total Expenditures
$ 1,490,629
$ 866,293 $ 4.744.593
$ 3,878,300
EXHIBIT 1 11/20/2009 -2:49 PM
Page 9 Adopted 2010 Budget - 111909 200k p4p 8x11.xls
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
GENERAL FUND
Resident Program - Department 6
Account
Number
Account
Description
Actual
2008
Adopted
Final
Budget
2009
Adopted
Budget
2010
Difference
6309
Personnel:
-
-
1,500
1,500
6101
FTE Wages
$ -
$ -
$ -
$ -
6102
PTS Wages
521
25,160
25,040
(120)
6111
Overtime Wages
2,108
27,500
23,500
(4,000)
6132
PTS Pension
-
2,150
939
(1,211)
6141
Medicare Tax
-
850
704
(146)
6158
Worker's Compensation
-
2,417
2,291
(126)
6159
Unemployment Insurance
-
158
146
(12)
6100
Total Personnel
2,629
58,235
52,620
(5,615)
Commodities:
6221
Gifts and Awards
331
500
500
-
6222
Food and Beverages
1,101
2,000
2,000
-
6224
Training Supplies
495
3,000
3,000
-
6225
Clothing and Uniforms
9,306
7,304
6,000
(1,304)
6226
Safety Materials and Supplies
-
200
200
-
6295
Books and Periodicals
526
2,000
3,000
1,000
6200
Total Commodities
11,760
159004
141700
(304)
Other Operating Costs:
6401 Travel and Lodging
6405 Training and Conference
6400 Total Other Operating Costs
17,049 20,000 32,000 12,000
17,049 20,000 32,000 12,000
6000 Total Expenditures _$ 36.891 $ 102.564 $ 108.020 $ 5.456
EXHIBIT 1 11/20/2009 -2:49 PM
Page 10 Adopted 2010 Budget - 111909 200k p4p 8x11.xls
Contracted Services:
6309
Training Facilitators
-
-
1,500
1,500
6331
Medical Services and Exams
4,627
7,025
5,000
(2,025)
6321
Printing and Reproduction Services
409
1,200
1,200
-
6379
Other Miscellaneious Rentals
417
1,100
1,000
(100)
6300
Total Contracted Services
5,453
9,325
8,700
(625)
Other Operating Costs:
6401 Travel and Lodging
6405 Training and Conference
6400 Total Other Operating Costs
17,049 20,000 32,000 12,000
17,049 20,000 32,000 12,000
6000 Total Expenditures _$ 36.891 $ 102.564 $ 108.020 $ 5.456
EXHIBIT 1 11/20/2009 -2:49 PM
Page 10 Adopted 2010 Budget - 111909 200k p4p 8x11.xls
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
CAPITAL IMPACT FUND
Summary
Account
Account
Number
Description
REVENUES
5152
Impact Fees
5701
Interest Revenue
5916
Transfer From General Fund
Total Revenues
EXPENDITURES
Refunds
6473
Service Fees
6639
Capital Equipment
6901
Transfers
Total Expenditures
NET SOURCE (USE) OF FUNDS
FUND BALANCES, Beginning of Year
FUND BALANCES, End of Year
EMERGENCY RESERVE
Adopted
Final
Actual Budget
2008 2009 _
$ 81,385 $ 40,000 $
386 800
Adopted
Budget
2010 Difference
76,866 $ 36,866
563 (237)
81,771 40,800 77,429 36,629
- 2,600 - (2,600)
4,883 2,400 4,612 2,212
4,883 5,000 4,612 (388)
76,888 35,800 72,817
- 76,888 112,688
$ 76,888 $ 112,688 $ 185,505
$ 2,453 $ 1,224 $ 2,323
EXHIBIT 1
Page 11
11/20/2009 - 2:49 PM
Adopted 2010 Budget - 111909 200k p4p 8x11.As
Eagle River Fire Protection District
Adopted Final 2009 and 2010 Budgets - 11/19/09
DEBT SERVICE FUND
Summary
Account
Account
Number
Description
Adopted
REVENUES
5701
Interest Revenue
5916
Transfer From General Fund
2010
Total Revenues
EXPENDITURES
6501
Principal
6502
Interest
6503
Fiscal Agent Fees
6902
Transfer to General Fund
Total Expenditures
- -
NET SOURCE (USE) OF FUNDS
767,939
FUND BALANCES, Beginning of Year
Adopted
100,000
- - 262,239
Final
Adopted
3,534
Actual Budget
Budget
2008 2009
2010
Difference
- -
3,653
3,653
- -
764,286
764,286
- -
767,939
767,939
- - 100,000
100,000
- - 262,239
262,239
- - 3,534
3,534
365,773 365,773
402,166
FUND BALANCES, End of Year $ - $ - $ 402,166
EXHIBIT 1 11/20/2009 -2:49 PM
Page 12 of 12 Adopted 2010 Budget - 111909 200k pop 8x11.xls
Memo
kITA
To: Honorable Mayor and Town Council
Thu Larry Brooks, Town Manager
Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. s1/
From: Justin Hildreth P.E., Town Engineer
Shane Pegram P.E., Engineer II�]
Date: April 8, 2010
Re: H.A. Nottingham Park Pavilion — Project Update (Memo Only)
Summary: This memorandum is to provide Town Council with an update on the progress of the H.A
Nottingham Park Pavilion project. The project was presented to Town of Avon Planning and Zoning
Commission (P &Z) for Sketch Plan review at their March 16, 2010 meeting. The Pavilion Design is
scheduled for Final Design review at the April 20, 2010 meeting. Following final design approval, the
design material will be utilized to solicit funding for the project.
Background: The H.A. Nottingham Park Pavilion plans were presented to Town Council on January
26, 2010. The presentation included three phases for construction. Phase one included the pavilion
structure only with a budget of $250,000. Enhanced Phase 1 included an "enhanced" pavilion with
some aesthetic improvements over phase one and a budget of $300,000. Phase two was a fully
developed pavilion, and would require an additional $200,000 for construction. Town Council
directed Staff to design the "enhanced" phase.
Discussion: Construction of the pavilion was delayed until additional funds could be raised to
complete the project. The "enhanced" plans, along with the final phase that could be built in the
future, were presented to the Planning Commission during their March 16, 2010 meeting. The
Planning commission shared their comments and questions with staff, but no action was taken during
at the Sketch Plan level. Their comments were geared towards design features of the project and the
suitability of its location, as well as requesting a three - dimensional rendering.
Vail Architecture Group (VAg) is working to complete the Final Design plans that incorporate the
P &Z's comments and questions. Three - dimensional renderings and an expanded site plan are being
completed to assist P &Z with their evaluation at final design. The final design plans and three -
dimensional renderings requested by P &Z will be utilized to assist in the effort to solicit funding for
the project. Solicitation of funding will commence once Final Design approval is gained.
Town Manager Comments:
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Asst Town Manager, Corn Dev
From: Matt Gennett, AICP, Planning Manager
Date: April 13, 2010
Re: Unified Land Use Code Draft (Development Code)
Work Session
Summary:
Initials
" `/
All
As discussed during the Council meeting on March 23, 2010, the attached documents
(Exhibits A, B, C & D) were drafted to help facilitate work session discussions for both the
Planning and Zoning Commission (PZC) and the Avon Town Council regarding the
proposed commercial zone districts and the concept of a "Development Bonus" drafted in
the new Development Code. Exhibit A is a memorandum from Town Attorney Eric Heil
summarizing the process set forth by Council for holding these work sessions; Exhibit B is a
memorandum from Town Attorney Eric Heil regarding application review procedures; Exhibit
C outlines changes made to commercial zone districts; and, Exhibit D is a memorandum
from Assistant Town Manager, Community Development, Sally Vecchio, titled "Zoning
Options to Reduce Reliance on PUDs ". The attached documents were sent to the PZC and
Council via email last week and are attached to this brief cover memo for ease of reference.
Discussion:
Staff will provide the Council with a presentation during the work session to foster discussion
and elicit feedback from the Council.
Proposed Motion:
No formal action is required at this work session.
Town Manager Comments:
Exhibits:
A. Memo from Eric Heil dated March 25, 2010
B. Memo from Eric Heil dated March 31, 2010
C. Commercial Zone Districts Summary of Changes
D. Memo from Sally Vecchio dated April 1, 2010
HEIL LAW
& PLANNING, LLC
MEMORANDUM
Exhibit A
TO: Planning and Zoning Commission, Honorable Mayor Wolfe and Town
Council members
CC: Larry Brooks, Town Manager; Sally Vecchio, Community
Development Director
FROM: Eric Heil, Town Attorney
DATE: March 25, 2010
SUBJECT: Development Code Work Sessions
Summary: A schedule of work sessions has been proposed for review of the draft
Avon Development Code. This memorandum addresses opportunities for public
comments and the Town's existing code amendment procedures.
Public Comment: The March 23, 2010 Public Review Draft of the Avon Development
Code has been posted on the Town's website. Town Staff proposes that the Town not
formally solicit public comments during the work session process. Any public comments
received by the Town Staff prior to the formal public hearing process would be
presented to the Planning Commission and Town Council during the formal public
hearing and adoption process. Town Council previously approved a Zoning Advisory
Committee to provide an open forum for public comments prior to the Planning
Commission and Town Council work session process.
Formal Adoption Process: Avon Municipal Code ( "AMC ") Chapter 17.28 sets forth
the procedures for amending the Zoning Code. AMC Section 16.04.090 states that the
subdivision regulations may be amended. The notice and hearing procedures in AMC
Chapter 17.28 shall apply to the process to adopt the Avon Development Code and
replace Titles 16 and 17, the Sign Code and Outdoor Lighting regulations in Title 15,
and the Planning Commission provisions in Title 2.
Town Council is required to hold a public hearing on zoning code amendments "no later
than thirty (30) days following the Planning and Zoning Commission action." AMC
17.28.050. Notice of the public hearing must be posted or published at least 12 days
prior the Planning Commission hearing date (AMC 17.12.100(b)) and at least 6 days
prior to the Town Council hearing date (AMC 17.12.100(c)). Any change to the zone
district map must be available for public inspection at least 15 days prior to the public
hearings on such amendment (AMC 17.28.030). Mailed notice to property owners
within 300 feet is not required for general revisions of the zoning code (AMC 17.28.030).
Repeal of the existing code sections and adoption of the Avon Development Code by
the Town Council is performed by ordinance. A final, revised and fully formatted
Development Code will be available for public inspection and comment during the
formal public hearing and adoption process.
Requested Planning Commission or Town Council Action: None.
Heil Law & Planning, «C Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil@avon.org
HEIL LAW
& PLANNING LLC
MEMORANDUM
Exhibit B
TO: Avon Planning and Zoning Commission members and Honorable
Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: March 31, 2010
SUBJECT: Avon Development Code General Administration and Review
Procedures
Summary: This memorandum provides an overview of the general administrative and
development application review procedures in Chapters 7.04, 7.08, 7.12, and 7.16 of
the draft Avon Development Code. Major changes from the existing Avon Municipal
Code are highlighted. This memorandum also highlights areas where Town Staff
anticipates refining the draft Avon Development Code language. Revisions include a
mixture of suggestions from Clarion Associates, proposed language from Town Staff
and the Town Attorney, language from the Colorado Model Land Use Code prepared by
the Department of Local Affairs, and sample language from other municipalities.
PZC/Town Council Review: A specific work session has not been scheduled to review
the general administration or review procedures provisions of the Avon Development
Code. If review of any provisions contained in the first four chapters is desired,
Planning and Zoning Commission ( "PZC ") and Town Council members should raise this
desire with Town Staff at the scheduled work sessions.
Future Amendments: The Avon Development Code may be amended or updated any
time in accordance with the code text amendment process. This process requires a
public hearing by the Planning and Zoning Commission ( "PZC "), a public hearing by the
Town Council, and adoption by ordinance. The existing Zoning and Subdivisions
regulations were amended numerous times since the original adoption in 1979 as
indicated by the ordinance number references in various sections. The restructured
format of the Avon Development Code is intended to facilitate future updates and
refinements. Land use regulations generally should be amended to implement the
goals and policies in comprehensive plans, particularly when the comprehensive plan
has been updated or revised.
Chapter 7.04 - General Provisions: Chapter 7.04 General Provisions consolidates the
introductory and general provisions of the Chapter 17 Zoning and Chapter 16
Subdivision. Specific changes are noted as follows:
• §7.04.020 Authority Language expands references to land use regulatory authority
to include all relevant statutory citations.
Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P.
1499 Blake Street, Unit 1 -G Tel: 303.975.6120
Denver, CO 80202 eheil@avon.org
TO: PZC and Town Council
RE: Avon Development Code: General Administration and Review Procedures
DATE: March 31, 2010
Page 2 of 5
• §7.04.030 Purposes Language was revised to clarify and modernize the purposes
of the Avon Development Code. §17.04.020 Purposes and §17.04.030 Intent were
consolidated. NOTE that courts support considering "purpose language" when
interpreting and applying code provisions.
§7.04.040 Interpretation Language was revised to incorporate additional rules for
interpretation, including language from Colorado Model Land Use Code. NOTE that
§7.04.040(m) provides that the interpretation of the Director may be appealed to
Town Council.
§7.04.100 Fees This section provides a significant change to the existing Code
because it proposes a "pass through" fee account system whereby the Applicant
must maintain a positive account balance and pay all costs associated with
reviewing and processing a development application. The intent and effect of this
change is that reviewing development applications would be "revenue neutral' for
the Community Development Department. Identification of unusual costs or required
studies would occur at the pre - application conference. The adoption of defined
standards and procedural requirement enables applicants to submit complete
applications which meet the criteria for approval and which should minimize town
review costs.
• §7.04.120 Non - Conforming Uses and Structures This section was duplicated in
Chapter 7.24 Zoning Use Regulations, §7.24.090. Non - Conforming Uses and
Structures will be consolidated in §7.24.090.
• §7.04.190 Enforcement Authority and Procedures This provision was expanded
to define enforcement procedures for non - emergency and emergency violations,
§7.04.190(c).
§7.04.200 Enforcement Actions and Remedies Language was added to define
the ability of the Director or Town Attorney to enter into "compliance agreements" to
resolve code violations. The ability to approve "compliance agreements" already
exists in the context of settling municipal court violation action. The ability to enter
into compliance agreements administratively provides an option that reduces costs
and expedites resolution of code violations.
Chapter 7.08 Definitions The definitions from the zoning and subdivision chapters
have been consolidated. Although some definitions have been added and others
updated, additional review and revisions are necessary to ensure all terms used in the
Development Code are properly defined.
Chapter 7.12 Development Application Review Authority Chapter 7.12 moves the
administrative code provisions for PZC from Chapter 2 and defines the roles and
authority of Town Council, PZC, the Director and other Town Departments. The
following changes are highlighted:
TO: PZC and Town Council
RE: Avon Development Code: General Administration and Review Procedures
DATE: March 31, 2010
Page 3 of 5
• §7.12.030(d) clarifies that Town Council is the ultimate and final authority on any
land use decision of the Town. This language was included to ensure that the Town
of Avon could only be sued for a decision of the Town Council.
• §7.12.040(b) revises the duties of the PZC to tract the review procedures in the
Avon Development Code.
• §7.12.040(m) This language will need to be refined to coordinate with the
application submittal requirements of the Community Development Department.
• §7.12.040 1 would like to suggest a paragraph defining the grounds and procedures
for removal of PZC members. Although such action is rarely, if ever, taken by
municipalities, I have found it is beneficial to at least have the grounds and
procedures (notice and opportunity for hearing) defined more specifically than by the
state statutes.
Chapter 7.16 Review Procedures Chapter 7.16 sets forth the review procedures for
various development applications. A new table has been created which will replace the
table in Chapter 7.12 and the table in Chapter 7.16.
Table 7.16 —1 Development Application Review Procedures and Authority
Key:
Post Only — notices are only required to be posted and not mailed
Post & Mail — notices must be posted and mailed
DBA — Review authority is determined by the underlying development application
N/A — Not applicable, public hearing and notice are not required
PUD — refers to Planned Unit Development
Prelim — means preliminary
R — review and recommendation
PH -R — conduct a public hearing and provide a recommendation
PH -D — conduct a public hearing and render a decision
D — render a decision
A — review of appeal
Procedure
Public Hearing Notice
Requirement
Director
PZC
Town
Council
Comprehensive Plan Amendment
Post Only
R
PH -R
PH -D
Code Text Amendment
Post Only
R
PH -R
PH -D
Zoning Amendment
Post & Mail
R
PH -R
PH -D
PUD
Preliminary
Post & Mail
R
PH -R
PH -D
Final
Post
R
PH -R
PH -D
Subdivision
Major
Preliminary
Post & Mail
R
PH -R
PH -D
Final
Post Only
R
-
PH -D
Minor
Post & Mail
R
PH -D
Admin
N/A
D
-
A
Design
Review
I Outside Town Core
N/A
-
D
A
I In Town Core
N/A
-
R
D
Development Plan
N/A
D
A
A
Special Review Use
Post & Mail
R
PH -D
A
Variance
Post & Mail
R
PH -D
A
Alternative Equivalent Compliance
DBA
DBA
DBA
DBA
Ri2ht-of-Way Vacation
Post & Mail
R
-
PH -D
Vested Property Right
DBA
R
DBA
PH -D
Appeal
N/A
-
*
D
* PZC reviews appeals of the Director's Development Plan decisions.
TO: PZC and Town Council
RE: Avon Development Code: General Administration and Review Procedures
DATE: March 31, 2010
Page 4 of 5
Significant changes to the review procedures are highlighted as follows:
• All development application review procedures include "Review Criteria" which sets
forth the reasons upon which the reviewing authority can approve, approve with
conditions or deny an application.
• PUD and Subdivisions have been both simplified to a two step process, Preliminary
and Final. A two step process should be sufficient with proscriptive standards and
underlying zoning. The simplified process also responds to comments that the
sketch plan process was not meaningful because too little information was typically
submitted to render an informed decision.
PUDs may be applied to any property in the Town Core regardless of size and to
properties of 10 acres or more outside the Town Core. The Red House Annexation
is the only recent PUD approval which would not be eligible for PUD consideration
under the proposed Development Code. Town Staff will propose additional
language to address PUD amendments and to clarify that an underlying zoning
district must be adopted for PUD amendments in the Town Core.
Subdivisions have added an Administrative approval category which allows
administrative approval of very minor amendments, correction of errors, and the
division of parcels for duplexes. Town Staff would also like to add the division of
parcels to create town homes up to a maximum of four units to the Administrative
category.
• §7.16.070(g) Public Improvement Guarantee will be consolidated in the general
development standard section.
§7.16.080 Design Review is included virtually verbatim from the language proposed
by Clarion to ZAC last summer with the exception that projects in the Town Core
would be reviewed by PZC and Town Council would render the final decision. Town
Council review and decision is proposed because it is expected that Town Council
will ultimately review all projects in the Town Core area due to development
bonuses, financial incentives, and use of the Avon Urban Renewal Authority. As
such, it does not seem practical to establish a process whereby Town Council
reviews only portions of such projects.
• §7.16.090 Development Plan is included verbatim from the language proposed by
Clarion to ZAC last summer. The Development Plan process establishes
administrative review for the non - architectural, site design standards.
§7.16.120 Alternative Equivalent Compliance is a procedure proposed by Clarion
which would allow "variances" from development and design standards without the
requirement to show a hardship but with the requirement that such variance
promotes good design and otherwise meets the purpose of the Code. The process
TO: PZC and Town Council
RE: Avon Development Code: General Administration and Review Procedures
DATE: March 31, 2010
Page 5 of 5
for Alternative Equivalent Compliance would follow the underlying development
application process.
• §7.16.130 Roadway Vacation is a new process which is commonly found in land
use codes. This process tracks and implements the statutory process for vacation of
roadways.
§7.16.140 Vested Property Right is only re- codified into this Code. No changes
have been made or proposed to this language (NOTE: The currently language is
the subject of the lawsuit by Traer Creek, LLC against the Town of Avon).
• §7.16.150 Appeals is a procedure which allows decisions of the Director or the PZC
to be appealed to the Town Council. NOTE that this procedure is an important piece
of checks and balances in the Town government. Although there is a shift of some
decision making authority to the Director (i.e. Community Development), all
decisions of the Director can be appealed.
Requested Action: No specific action is requested. This memorandum is intended to
provide an overview of the general administration and development application review
procedures in order to accompany and support the topics in the upcoming work
sessions. Town Staff anticipates that discussion of review authority, standards and
procedure will arise during the upcoming work sessions. If PZC or Town Council
identifies specific areas of the general administration or review procedures which
warrant further discussion and consideration, then a specific work session can be
scheduled to address that topic.
Exhibit C
Avon Development Code
Commercial Zone Districts
Summary of Changes
April, 2010
The Avon Development Code includes three primary commercial districts for future commercial
development in Avon: Town Center (TC), Mixed -Use Commercial (MC), and Neighborhood
Commercial (NC). Each of these commercial zone districts has been revised to allow a greater mix of
uses and site coverage, particularly in and around Town Center. Development bonuses are also
permitted in these districts. In conjunction with the retirement of the Shopping Center District (SC) and
the Residential -High Density Commercial District (RH -C), these three commercial zone districts are the
primary zone districts intended to create the pedestrian core for Avon. Table 1 provides a list of the
proposed and retired commercial zone districts and Table 2 provides a summary of the specific
revisions to the districts.
The development standards for commercial development (Chapter 17.28) encourage a compact urban
form and pedestrian environment and include requirements for sidewalks, parking, landscaping, open
space, building orientation and massing.
The Industrial District has been retained to allow locations for warehouse and light industrial uses.
Development standards are intended to mitigate external impacts related to outdoor storage, lighting
and adjacent uses.
Table 1 - Commercial Zone Districts
COMMERCIAL ZONE DISTRICTS
District Type
Abbreviation
District Name
Commercial and
Mixed Use
NC
Neighborhood Commercial
MC
Mixed Use Commercial
TC
Town Center
Industrial
IC
Industrial Commercial
Retired
RH -C
Residential Hi Density Commercial
SC
Shopping Center
The Planned Unit Development (PUD) District has been limited to larger parcels (10 acres or more)
and property in the Town Center. Development standards such as density, permitted uses, and building
height are established by the underlying zone district. The PUD would only be used to allow flexibility
in the design of the subdivision so that development could be clustered and common open space
preserved. Figures 1 and 2 illustrate how a PUD would be used to redesign a residential subdivision.
Acce%
mad
■■■■■■
Figure 1 PUD Residential Subdivision Figure 2 Typical Residential Subdivision
Development Bonus
The Development Bonus regulations establish standards for permitting development bonuses in certain
zone districts based on the provision of "public benefits" that meet the Town's community goals (such
as attainable housing). Development bonuses are permitted in the TC, MC and NC zone districts. The
approval of a development bonus would be at the discretion of the Town Council and each project
would be reviewed on a site specific bases. The bonus density standards and formulas are intended to
help avoid challenges based on vague standards or arbitrary decisions.
The public benefits and formulas presented in the Code are based on the Avon Comprehensive Plan
policies (see Exhibit A). Because the Town has discretion in approving the development bonus,
developers may also offer an alternative compliance formula.
Floor Area Ratio
Pursuant to the Avon Comprehensive Plan recommendations, all of the commercial zone districts
include a measurement for floor area ratio (FAR). FAR is a measurement of the bulk of a structure on
the site. It is calculated by adding the area of each floor of the development and dividing that number
by the total area of the lot.
While FAR sets the basic parameters for the building, it also allows the developer to make choices
about the distribution of the building mass on the site. The Comprehensive Plan recommends FAR as a
way to minimize the standardization of building heights and break up building bulk. The diagrams
below illustrate three ways the same 1:1 FAR can be achieved with difference massing on the site:
• Figure 1 shows 1 story covering the entire lot;
• Figure 2 shows 2 stories covering half of the lot; and
• Figure 3 shows 4 stories covering one quarter of the lot
Figure 2
t STORIES
-k
v„�
1 STOP
iO-
Fiqure 1
Figure 3
4 STORIES
`tea•\ /r
Tahla 1 • Ai mmary of Ravisinns to Commercial Zone Districts
NEIGHBORHOOD COMMERCIAL (NC)
Purpose: To provide sites for commercial uses and services for the principal benefit of the residents of the community.
Permitted Uses: Commercial Uses and Accessory Apartments.
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
7,500 sf
3,000 sf
35 ft: duplex
Building Height
35 ft
38 ft: TH, MF, commercial
Front: 25ft
Front: 1 Oft residential /0 ft commercial
Building Setbacks
Side: 7.5 ft
Side: 7.5 ft/ 25ft corner lots
Rear: 10 It
Rear: 10 ft
Max Site Coverage
50%
60%
7.5 du /acre
Max Density
7.5 du /acre
1:1 FAR
MIXED USE COMMERCIAL (MU)
Purpose: To group and connect places used for work, shopping, education, recreation with residential uses.
Permitted Uses: Commercial, Office, Townhomes, Condominiums, Apartments
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
43,560 sf
3.000 sf
35 ft: SF and duplex
Building Height
60 ft
60 ft: TH, MF, commercial
Front: 25ft
Front: 10 ft
Building Setbacks
Side: 7.5 It
Side: 7.5 SF, duplex/0 ft TH, MF, commercial
Rear: 10 ft
Rear: 10 ft residential /5 ft commercial
80%: SF and duplex
Max Site Coverage
50%
70%: TH, MF, commercial
du / acre
20 du /acre
Max Density
F20 6OO
lodge units /acre
1.5:1 FAR
TOWN CENTER (TC)
Purpose: To provide sites for a variety of uses including lodging, commercial and office in a predominately pedestrian environment.
Design standards distinguish is area from others in town.
Permitted Uses: Lodging, Commercial, Office, Townhomes, Condominiums, Apartments
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
30,000 sf
3,000 sf: residential
Building Height
80 ft
80 ft
Front: 25 ft
Front: 10ft residential /0 ft commercial
Building Setback
Side: 7.5 ft
Side: 7.5 ft/25 It comer lots
Rear: 10 ft
Rear: 10 ft
Max Coverage
50%
80%
r30 u /acre
30 du /acre
Max Density
dge units /acre
2:1 to 3:1 FAR" to be determined
LIGHT INDUSTRIAL & COMMERCIAL EMPLOYMENT (IC)
Purpose: To provides sites for light industrial and mfg uses, wholesale outlets, warehousing and sales offices
Permitted Uses: Light industrial, Commercial, Warehousing, Accessory Apts.
DISTRICT STANDARDS
CURRENT CODE
NEW CODE
Minimum Lot Size
21,780 sf
21,780 sf
Building Height
48 ft
48 ft
Front: 25 ft
Front: 25 ft
Building Setbacks
Side: 7.5 ft
Side: 7.5 ft/ 25 ft corner lots
Rear: 1 Oft
Rear: 10 ft
Max Site Coverage
50%
50%
Max Density
4 accessory unit/property by special review use
4 accessory units /property by special review use
Exhibit D
MEMORANDUM
To Planning and Zoning Commission and Town Council members
Fr Sally Vecchio, Community Development Dir.
Eric Heil, Town Attorney
Date April 1, 2010
Re Zoning Options to Reduce Reliance on PUDs
Town staff received multiple comments from ZAC members encouraging the adoption of "Straight
Zoning" for the Town Core commercial areas whereby the Town would simply adopt zoning that allows
and requires the type of development the Town desires without any uncertainty associated with
negotiations, PUDs or development bonuses. Straight zoning is a traditional option that Avon can use
to reduce its reliance on PUDs. Straight zoning would create a wider range of zone districts with
specific development and design standards and would establish by -right development density that
allows the desired density described in the Town's planning policies. Development impacts related to
affordable housing, transportation, and recreation for example, would be off -set by collecting related
impacts fees (or accepting improvements equal to the cost of the impact fees) from the developer.
Under this zoning scenario, PZC and Council review would be limited to design and architecture.
Impact fees would be collected and spent by the Town to fund required improvements related to the
development. The following standards and impact fees present a basic framework for consideration for
the Straight zoning option in the Town Center zone district.
Basic zoning and development standards would include:
• Minimum Development Density: Town plans support a minimum threshold density — nothing
less than 2:1 FAR should be allowed in the Town Center zone district.
• Affordable Housing: Plans support 20% affordable housing, which should be for -sale, price
controlled, deed restricted (rent controls are illegal in Colorado). Cash -in -lieu should not be
permitted because full -time resident critical mass is desired in Town Core.
• Parking: Existing regulations are sufficient.
• Public Space: A 10% minimum land area for on -site public plaza and /or pedestrian
connections should be required (to be owned, constructed and maintained by property owner
with proscriptive material and design requirements).
• Maximum Building Height: 80ft in the Town Center district, no exceptions would be allowed.
• Building Orientation: Minimum 2 story/maximum 4 story buildings, built up to all sidewalks and
streets.
• Massing: Building height limited to 2 stories at sidewalk. Additional stories must be stepped
back at least 15 ft.
• View Corridor Preservation: Buildings cannot impact view corridors from public streets (views of
Beaver Creek, Game Creek Bowl, and general views of mountain ridges — NOTE: Definition of
protected view corridors must be further defined).
• Parking Structures: Parking Structures above grade must have a building "wrap" design along
streets and pedestrian routes.
• Vertical Mixed -Uses: Vertical mixed -uses must be proscribed (ground floor retail, second floor
office, third floor residential /condos /timeshare) or hotel.
Impact fees would be structured as follows (NOTE: these are rough examples. A formal impact fee
analysis would be required to support the adoption of any new or amended impact fees):
• Parks and Open Space: Fees must be updated (500 sq.ft. /residence, $1.5 million per acre (very
low) equals $34 /sq.ft., which equals $17,045 per residence). NOTE: this amount only covers
the cost of acquiring park land and does not include capital improvements to parks.
• School Site Dedication: Dedication formula should be revised to apply at building permit level for
all residential. Formula assumes that only a fraction of multi - family will be used by families,
which may not accurately reflect the use of residences in Avon. Current formula yields 638
sq.ft. /residence (single family and duplex, but it should apply to all residences). At $1.5 million
an acre, this equals $21,658 per residence. Based on current formula, multi - family residential
units would require 117/ sq.ft/unit or $4,000 per residence.
• Fire District: Fees are already in place and collected with building permit issuance.
• Parking: Existing and proposed code language permits satisfying parking requirements through
cash -in -lieu at the rate of $30,000 /parking space.
• Transportation Improvements: Transportation Impact Fee would need to be included to provide
funding for buses, bus maintenance facilities, bus stops, and other transit related capital
improvements.
Benefits:
• All projects are treated the same way.
• Predicable process and procedures.
• Eliminates negotiated reviews.
• Development "pays its own way."
Issues:
• All projects are treated the same way.
• Prohibits the ability of the Town to approve additional density on a specific lot or parcel without
amending the Comprehensive Plan and re- zoning the lot or parcel.
• Works best in communities with high growth rates or development activity where enough funds
can be raised to initiate public improvements.
• Design standards may be too prescriptive.
LIMITED BY -RIGHT ZONING WITH A BONUS DENSITY OPTION
The option presented in the Avon Development Code, is to limit by -right zoning density to what is
entitled under the current regulations and offer additional density (pursuant to town goals) in exchange
for specific public benefits such as affordable housing, public spaces and public parking.
If a developer chooses to build within the development limits of the zone district and does not seek
additional density, the project would be administratively reviewed for compliance with the district
requirements with design review by PZC. Town Council would have final design review of projects in
the Town Core.
A developer may elect to apply for bonus density, which could increase density by up to 35% above the
by -right density, which is consist with town's planning policies for commercial development.
2
To achieve the benefits of this zoning scenario, the Code has been revised as follows:
• Basic zoning and development standards have been updated to allow the type of development
density and massing desired by the town, with the same density permitted under current zoning
• Minimum lot coverage and building setbacks have been reduced to allow more flexible
development options at street level.
• Density calculations are based on Floor Area Ratio (FAR), which permits more flexible design
options. (see attached memo for further discussion on FAR)
• Development and design standards can be adjusted administratively for alternative compliance
options.
• New public benefit requirements create a predictable consistent method for achieving
community benefits in exchange for additional development density in areas contemplated for
higher density.
• The Town Council has discretion to approve bonus density and public benefits.
Benefits:
• Council has the discretion to determine whether additional density on a specific lot or parcel is
consistent with achieving Town goals.
• Projects seeking bonus density may seek alternative compliance with formulas to be approved
by Council.
Issues:
• Some developers may consider the Council's discretion to approve bonus density too
unpredictable.
• Developers are not required to comply with a minimum development density.
4
To Planning and Zoning Commission and Town Council members
Fr Sally Vecchio
Date April 1, 2010
RE Commercial Development - Design Tests
In order to determine the effects of the proposed FAR measurements and other
development standards on commercial development, Town staff has conducted "design
tests" on several existing commercial developments in Town Center. The tests compare the
existing zone standards (all PUDs) with the new district standards.
I have attached the test results from the Avon Town Center property and Sheraton Mountain
Vista (at build out), for your review.
The Sheraton build -out FAR (2.7:1) is on the upper end of the base level density that would
be acceptable in the Town Center Zone District.
• The new Town Center Zone District would permit 97 dwelling units by right and up to
131 units with public benefits. Pursuant to a PUD approval the Sheraton was
approved with 239 dwelling units.
• The 100 ft building height could be approved as part of development bonus.
• Most of the required parking for the Sheraton was either waived or accommodated
off -site.
• Public benefits from the Sheraton include 20 affordable housing units and public art
(bronze skier statue).
The Avon Center development was built at a 2:1 FAR with 54% site coverage.
• Under the new Town Center Zone District the project would exceed the allowable
building height and dwelling units.
• The development bonus guidelines would allow the additional building height and
dwelling units with appropriate public benefits.
• Much of the required parking for the Avon Center was either waived or
accommodated off -site.
• The property is currently zoned Town Center, and did not provide public benefits for
the additional building height and dwelling units.
.4
Wive,
New l'('Zotilng vv/Bontis
Site C overoge
54"-
Site co%eragc
go'.
• I -A R 2:1
l!-,F',000'sf
FAR
19:3.0oo s'f
FAR
�:31'50o sf
ig U-1) it.s
55
Ducllin.4 Units
5:i
w/max bonus
72
"o ft
wj Illay boilli-S
i o 'I), ft
Parking ProviAd
ic)'
I'Zill-illt
,� R('(jLlil-Cd
21.4
Parkin Retluirecl
_1
I pi rvwtt 1-ur I lff-m tc 11.0
h i I r.{
F,xj*iting/Btlildo Lit
Cf!rkdffiOn*
Current Site Coverage
C?, Buildout 55%
CLII'I'C'Ikt FAR 1.4:1 201.42-22 St
• bluildout FAR 2-7:1 sf
Ne.,%%•'fC Zoning -w/Bonus
Silo CUB eragc 8oW)
353.000 s f
FAR 4 -3.400 sf
FAR 4.05:1 (MUN b(I]ILIS) 571,590 sf
Deviling Units 2: 3 9
Dwellill,4 Units
7
9 I
4�) 13L[ildotlt
(
131
Nlzix Bldg Ilt too ft
INIix Bldg Ill
So ft
w/ Illax bonus
108 ft
P,-1d iDV Re(jLlit-•d 374
Buildout per PUD
Parkin- Required
TO: Avon Town Council
FROM: Ron Wolfe, Mayor
Subject: EVLEX
The purpose today is to review the last three years of work on the multi -party land
exchange, EVLEX, and to get everyone familiarized with the project. Larry and I
need your input and direction on the draft OSAC application... especially with respect
to the reservation of 5 -6 acres for development and for a road and trail ROW across
the "Village Parcel." Three weeks ago you received a CD with all of the materials
and maps for your review. I plan to cover all of the material.
We are up to 14 parcels potentially in the exchange and expect the USFS
Agreement to Initiate shortly. Nothing is binding on any party at this time and there
is plenty of time before we reach the point of final project structure and
commitment.
Attached is the map of the major parcels, maps and views of these and the CDOT
relocation site are on the CD and will be discussed.
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