TC Council Packet 04-27-2010TR
TOWN OF AVON, COLORADO AVON AVON REGULAR MEETING FOR TUESDAY, APRIL 27, 2010
C O L O R .4 D 0
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.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. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. SWEAR IN AVON'S NEW POLICE CHIEF
Municipal Judge Buck Allen to swear in New Police Chief Bob Ticer
5. COMMUNITY & CITIZEN INPUT
6. CONSENT AGENDA
a. Minutes from April 13, 2010
b. Ticino LLC d /b /a Ticino Lease Agreement (Patty McKenny, Assistant Town Manager) Renew license
agreement that allows Ticino to lease patio space from the Town
c. 2010 Street Improvements: Construction Contract Award to Elam Construction, Inc. (Shane
Pegram, Engineer II) Award of construction contract to Elam Construction for reconstruction and asphalt
overlay of the Municipal Building parking lot area and rehabilitation of the East Benchmark Road
crosswalks
d. Radar Engineering, Inc. Proposal (Shane Pegram, Engineer II) Proposal to conduct Investigation,
Evaluation and Recommendations for the Town Hall HVAC Control System
7. PLANNING & ZONING COMMISSION MEMBER INTERVIEWS
Meet the following applicants who are interested in serving on Planning & Zoning Commission and appoint
four members to serve on the Planning & Zoning Commission
1) Todd Goulding, 2) Sherrif Masry, 3) Guy Patterson, 4) Scott Prince, 5) Phil Struve
8. RESOLUTIONS
a. Public Hearing on Resolution No. 10 -14, Series of 2010, Resolution Adopting Transportation
Vision Statements as an Amendment to the Avon Comprehensive Plan (Sally Vecchio, Assistant
Town Manager Community Development) Review vision statements approved by P &Z Commission in
hopes of providing additional guidance on future transportation outcomes for the Town
9. ORDINANCES
a. Public Hearing on Ordinance No 10 -06, Series of 2010, Second Reading, Ordinance Enacting
Weed Control Regulations (Jenny Strehler, Director Public Works Transit) Proposed amendments that
C provide for current and clearer language associated with weed control which would improve the town's
ability to regulate the problem of noxious weeds
Avon Council Meeting. 10.04.27
Page 3 of 4
TOWN OF AVON, COLORADO
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C O
AVON REGULAR MEETING FOR TUESDAY, APRIL 27, 2010
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eui. oidoa
MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
9. ORDINANCES -CONTINUED
b. Public Hearing on Ordinance No 10 -07, Series of 2010, Second Reading, 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
10. PUBLIC HEARING FOR AMPLIFIED SOUND PERMIT
a. Applicant Name: Vail Pet Partners
Event Name: Doggie Dash
Event Date: June 13, 2010; 8:30 AM until 12 Noon
Event Manager: Kate Kunert
Event Location: Harry A. Nottingham Park
11. TOWN MANAGER REPORT
12. TOWN ATTORNEY REPORT
13. MAYOR REPORT
14. ADJOURNMENT
FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS:
May 11th: Joint Work Session w/ P &Z to discuss Avon Development Code, Show Cause Hearings for Saltwater
Cowboys Violations
May 25th: Review draft Regulations for Use of Medical Marijuana in Avon
Avon Council Meeting.10.04.27
Page 4 of 4
Memo
To: Avon Town Council
Thru: Larry Brooks, Town Manager
Eric Heil, Town Attorney
From: Patty McKenny, Assistant Town Manager, Management Services
Date: April 23, 2010
Re: Renewal of Ticino License Agreement
Summary:
The License Agreement for Ticino Restaurant expires May 15, 2010 and the Town Council is asked to renew
the license for another year.
Background:
Ticino LLC d /b /a Ticino entered into a License Agreement in 2008 which would allow them the use of town -
owned property for their outdoor dining and liquor service area, as shown in the attached diagram for the
license. The agreement was written with a renewal clause outlined in #4.
Discussion:
The agreement does require a certificate of insurance showing Commercial General Liability Coverage with
limits of $2 million. Town staff will follow up with Ticino owners Rhonda & Daniel Niederhauser to obtain the
appropriate paperwork within 10 days after the date the agreement is entered into. The liquor license was
renewed at the last Liquor Authority meeting on April 13, 2010.
Financial Implications:
The Licensee has provided the appropriate restoration bond in the amount of $500.
Town Manager Comments:
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into the 27th day of April, 2010, between TOWN
OF AVON ( "the Town "), whose address is P.O. Box 975, Avon, Colorado 81620 and TICINO,
LLC ( "Licensee ") whose address is P.O. Box 18308, Avon, Colorado 81620
RECITALS
The Town is the owner of the area depicted on the site plan attached as Exhibit A which is marked
"Concrete Slab.," which is 44' by 10' in size and which is delineated by a split rail fence and
planters, adjacent to Unit 127, Avon Center at Beaver Creek ( "the Town Property "). Licensee
desires to enter into this License Agreement so that it may use the Town Property for outdoor
dining and liquor service in connection with the liquor licensed premises also depicted on Exhibit
A. The Town has no immediate plans for the use of the Town Property and is willing to allow use
of it until such time as the Town has plans for its use. The Mall Agreement dated April 16, 1981,
provides that a property owner may use a portion of the Avon Mall for commercial purposes upon
payment of a reasonable fee to the Town.
AGREEMENT
1. The Town hereby grants to Licensee a license for the Town Property for outdoor dining and
liquor service in connection with the liquor licensed premises also depicted on Exhibit A for the
term stated below ( "the Term "); provided that Licensee hereby indemnifies and holds the Town, its
officers and employees harmless against and from any claims or liabilities related to Licensee's
activities on the Town Property. The grant of this license is made subject to the right of the Town
to control the hours of use of the Town Property and to impose limitations on its use in connection
with construction of the Main Street Project and the ongoing maintenance of Main Street and Tract
G. The Town agrees that the design of the Main Street Project, insofar as possible and in the sole
and absolute discretion of the Town, shall allow the continuation of this License Agreement after
completion of that Project. The Town waives the requirement of payment of a fee in light of the
plans of the Town for the Main Street Project.
2. During the term hereof, Licensee shall maintain in effect Commercial General Liability
insurance with limits of TWO MILLION DOLLARS ($2,000,000) per occurrence and TWO
MILLION DOLLARS ($2,000,000) aggregate. The policy shall include coverage for bodily
injury, broad form property damage (including completed operations) and personal injury
(including coverage for contractual and employee acts including liquor liability or dram shop
coverage). The policy shall include the Town as an additional insured and shall include a provision
requiring the insurer to give the Town thirty (30) days notice prior to cancellation. Certificates of
insurance issued by the insurer shall be filed with the Town within 10 days after the date this
Agreement is entered into by Licensee, and this Agreement shall not be effective until such
certificate is received and approved by the Town.
3. Licensee shall keep and maintain the Town Property in a good, clean and healthful
condition, making repairs as necessary at its sole cost and expense. Licensee shall be responsible
for snow removal at its sole cost and expense. Licensee may, with consent of the Town staff and at
its sole cost and expense, at any time and from time to time make such alterations, changes,
replacements, improvements and additions to the Town Property as it may deem desirable. Any
such replacements, improvements and additions shall comply with applicable law and ordinance,
including the Americans with Disabilities Act.
4. The term of this Agreement shall commence as of the date first written above and shall
continue so long as Licensee holds a liquor license from the Town or until May 15, 2011,
whichever is earlier ( "the Term "). Notwithstanding the foregoing, the Town may terminate this
Agreement on 120 days written notice to Licensee. Upon termination and if required by the Town,
Licensee shall restore the Town Property to its original condition. Licensee shall maintain on
deposit with the Town a restoration bond in the amount of $500.
5. Any notice required or permitted by this Agreement shall be in writing and shall be deemed
to have been sufficiently given for all purposes if sent by certified or registered mail, postage and
fees prepaid, addressed to the party to whom such notice is intended to be given at the address set
forth above, or at such other address as has been previously furnished in writing to the other party
or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail.
6. All terms and conditions of this Agreement are considered material. In the event that either
party defaults in the performance of any of the covenants or agreements to be kept, done or
performed by and under the requirements of this Agreement, the non - defaulting party shall give the
defaulting party written notice of such default, and if the defaulting party fails, neglects or refuses
for a period of more than 10 days thereafter to cure the default, then the non - defaulting party,
without further notice, may, in addition to any other remedies available to it, terminate all rights
and privileges granted in this Agreement and this Agreement shall be of no further force or effect.
7. The waiver by any party to this Agreement of a breach of any term or provision of this
Lease shall not operate or be construed as a waiver of any subsequent breach by any party.
8. Neither party to this Agreement shall transfer or assign any interest in the Town Property
without first obtaining the written consent of the other party.
[signature page follows]
TICINO, LLC
STATE OF COLORADO
ss.
COUNTY OF EAGLE
Subscribed and sworn to before me this day of , 2008, by
as of Ticino, LLC, a Colorado limited liability
company.
Witness my hand and official seal. My commission expires:
TOWN OF AVON
By:
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Notary Public
APPROVED AS TO FORM:
Eric Heil, Town Attorney Date
The foregoing document was subscribed and sworn to before me this day
of , 20105 by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the
Town of Avon.
Witness my hand and seal.
My commission expires:
Notary Public
i
Ni
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IS
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.�
From: Justin Hildreth, P.E., Town Engineer
Shane Pegram, P.E., Engineer II sP
Date: April 19, 2010
Re: 2010 Street Improvements Project Construction Contract Award to Elam
Construction, Inc.
Summary: The 2010 Street Improvements project is comprised of two distinct phases and scopes
of work:
Section 1 - Town Hall West Parking and Police Parking - Milling and preparation of asphalt
surface for 2 -inch asphalt overlay matching existing concrete curb and gutter surfaces,
replacement of concrete sidewalk, and installation of ADA curb ramps. Selected areas of
existing asphalt pavement will be removed, the subgrade over - excavated and backfilled with
appropriate material, and patched back with asphalt prior to 2 -inch asphalt overlay. Parking
areas will be striped to match existing conditions.
Section 2 - East Benchmark Crosswalk — Removal and replacement of two concrete
crosswalks and their interlocking pavers, and removal and replacement of four existing concrete
curb ramps and associated concrete curb and gutter. Selected adjacent areas of existing
asphalt pavement will be removed, the subgrade over - excavated and backfilled with appropriate
material, and patched back w /asphalt. Limited road closures and traffic disruptions will also
occur during this phase of construction.
A bid opening was held on April 14, 2010 for the 2010 Street Improvement Project. Sealed bids
were received from Elam Construction, Inc., and B &B Excavating. Staff recommends that the
contract be awarded to the low bidder, Elam Construction, Inc. for an amount not to exceed
$126,606 without prior written approval.
Discussion: In response to the Town of Avon's Advertisement for Bids for the 2010 Street
Improvement Project, two sealed bids were submitted on April 14, 2010. Elam Construction
submitted a total bid of $126,606, and B &B Excavating submitted a bid of $135,214. Both bids were
responsive, responsible, and contained the required 5% Bid Bond. Table 1 below tabulates the
received bids. The contract used for this project is the standard Town of Avon construction contract.
Table 1: Bid Tabulation
Engineer's Estimate Elam Construction B &B Excavating
Section 1 $ 143,760 $ 83,363 $ 88,515
Section 2 $ 48,380 $ 43,242 $ 46,699
Total $192,140 $126,606 $135,214
Financial Implications: The contract with Elam Construction, Inc. will be funded via the Capital
Improvement Program's 2010 Street Improvement budget, for which $200,000 is appropriated.
The project budget is shown in Table 2 below:
Table 2: Project Budget
Line Item Budget
Section 1: Town Hall Parking $ 83,363
Section 2: E. Benchmark Crosswalks $ 43,243
Contract Administration $ 20,000
Contingencies $ 53,394
Total $ 200,000
Recommendation: Award construction contract for the Town of Avon's 2010 Street Improvement
project to Elam Construction, Inc. for the amount not to exceed $126,606 without prior written
approval.
Proposed Motion: I move to approve the construction contract for the Town of Avon's 2010 Street
Improvement project to Elam Construction, Inc. for the amount not to exceed $126,606 without prior
written approval.
Town Manager Comments:
C -14,�O�
• Page 2
Memo
To: Honorable Mayor and Town Council Initials
Thru: Lary Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev.
From: Justin Hildreth, P.E., Town Engineer
Shane Pegram, P.E., Engineer II
Date: April 22, 12010
Re: Town Hall HVAC Control System Upgrade — Rader Engineering, Inc.
Consulting Services Proposal to Conduct Investigation, Evaluation, and
Provide Recommendations for the Town Hall HVAC Control System
Summary: Rader Engineering, Inc. has provided a proposal (Exhibit A) to conduct an investigation,
evaluation, and provide recommendations for the upgrade of the Town Hall heating, ventilation, and
air condition (HVAC) control system. It will take approximately 2 months to complete this phase of
the project. Upon completion of this phase of the project, improvements will be made to the HVAC
control system that will improve the efficiency of the system and the comfort of the building
occupants.
Discussion: The existing Town Hall control system software, which operates the HVAC system, is
not operable and is not supported by an existing software company. Also, Town Hall has been
remodeled at least four times and a thorough recalibration of the system was never conducted. As a
result, the system is operating inefficiently and several areas in the building are not comfortable. The
upgrade of the HVAC system will ensure the system is operating as efficiently and comfortably as
possible.
Rader Engineering will conduct a complete investigation and evaluation of the HVAC control system
and then prepare a report that will include recommendations for a new HVAC control system. The
new HVAC control system will be compatible with a potential future tie into the Heat Recovery system
currently under construction. Upon completion of this report, a new control system will be installed
along with recommended improvements to the existing HVAC system. The schedule is for
implementation of the report recommendations prior to the 2010 — 2011 winter.
Financial Implications: The 2010 Capital Improvements budget includes $100,000 for upgrading
the Town Hall HVAC system. The HVAC Control Investigation contract is for a not to exceed fee of
$16,000 and is well within budget. As part of the contract approval the Town Manager will be
authorized to sign amendments to the contract within the approved $16,000 design budget (Table 1).
Table 1: HVAC Control System Upgrade Budget
Budget Item
Proposed Budget
Design Fees
$ 16,000
HVAC Control System
Upgrades
$ 84,000
Total
$100,000
Recommendation: Approve the Consulting Service Proposal from Rader Engineering, Inc. in the
amount not to exceed of $16,000 for Town Hall HVAC control investigation and upgrade
recommendations.
Proposed Motion: I move to approve the Consulting Service Proposal from Rader Engineering, Inc.
in the amount not to exceed of $16,000 for Town Hall HVAC control investigation and upgrade
recommendations.
Town Manager Comments:
Attachment:
Attachment A — Professional Service Contract with Rader Engineering Town Hall HVAC Control
System Upgrade
• Page 2
TOWN OF AVON
PROFESSIONAL SERVICES AGREEMENT
Independent Contractor
Fixed Price — Not to Exceed
Town Council Approval
Project/Services Name:
ATTACHMENT A
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into by and
between Rader Engineering, Inc, a Company of the State of Colorado, whose business
address is40690 Highway 6, Suite E1, Avon, CO (the "Contractor ") and the TOWN OF AVON,
COLORADO ( "Town "), a Home Rule municipality of the State of Colorado. The Town and the
Contractor may be collectively referred to as the "Parties."
RECITALS AND REPRESENTATIONS
WHEREAS, the Town desires to have performed certain professional services as described in
this Agreement; and
WHEREAS, the Contractor represents that the Contractor has the skill, ability, and expertise to
perform the services described in this Agreement and within the deadlines provided by the
Agreement; and
WHEREAS, the Town desires to engage the Contractor to provide the services described in this
Agreement subject to the terms and conditions of the Agreement.
NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the
Parties mutually agree as follows:
1.0 SERVICES AND CONTRACTOR PERFORMANCE
1.1 Services. As directed by and under the supervision of the Town Engineer for the
Town of Avon, the Contractor shall provide the Town with the services described
in Exhibit A (the "Services ").
1.2 Changes to Services. The Town may request a change or changes in the
Services. Any changes that are mutually agreed upon between the Town and
the Contractor shall be made in writing and upon execution by both Parties shall
become an amendment to the Services described in this Agreement. To be
effective, any written change must be signed by the Contractor and by the Town
Council, the Town Manager, or by a person expressly authorized in writing to
sign on behalf of the Town.
1.3 Independent Contractor. The Contractor shall perform the Services as an
independent contractor and shall not be deemed by virtue of this Agreement to
have entered into any partnership, joint venture, employer /employee or other
relationship with the Town other than as a contracting party and independent
contractor. The Town shall not be obligated to secure, and shall not provide, any
insurance coverage or employment benefits of any kind or type to or for the
FORM: PSA 2009
5
Contractor or the Contractor's employees, sub - consultants, contractors, agents,
or representatives, including coverage or benefits related but not limited to: local,
state, or federal income or other tax contributions; insurance contributions (e.g.,
FICA); workers' compensation; disability, injury, or health; professional liability
insurance, errors and omissions insurance; or retirement account contributions.
1.4 Standard of Performance. In performing the Services, the Contractor shall use
that degree of care, skill, and professionalism ordinarily exercised under similar
circumstances by members of the same profession practicing in the State of
Colorado. Contractor represents to the Town that the Contractor is, and its
employees performing such Services are, properly licensed and /or registered
within the State of Colorado for the performance of the Services (if licensure
and /or registration is required by applicable law) and that the Contractor and
employees possess the skills, knowledge, and abilities to competently, timely,
and professionally perform the Services in accordance with this Agreement. In
addition, more specific standards of Contractor performance are:
❑ included within Exhibit A; or
❑ attached to this Agreement as Exhibit ; or
X not included and not attached.
2.0 COMPENSATION
2.1 Commencement of and Compensation for Services. Following execution of this
Agreement by the Town, the Contractor shall be authorized to commence
performance of the Services as described in Exhibit A subject to the
requirements and limitations on compensation as provided by this Section 2.0
and its subsections.
FORM: PSA 2009
A. Time and Materials Contract — Not to Exceed Amount. The Contractor
shall perform the Services and shall invoice the Town for work performed
based on the rates and /or compensation methodology described in
Exhibit B. Total compensation (including all reimbursable expenses)
shall not exceed Sixteen Thousand Dollars ($16,000.00).
B. Reimbursable Expenses. The following shall be considered
"reimbursable expenses" for purposes of this Agreement and may be
billed to the Town without administrative mark -up but which must be
accounted for by the Contractor and proof of payment shall be provided
by the Contractor with the Contractor's monthly invoices:
• Vehicle Mileage (billed at not more than the prevailing per mile
charge permitted by the Internal Revenue Service as a deductible
business expense)
• Printing and Photocopying Related to the Services
• Long Distance Telephone Charges Related to the Services
• Charges incidental to securing needed information (e.g., charges
imposed to obtain recorded documents)
2
I
Postage and Delivery Services
Lodging and Meals (off with prior written approval of the Town as
to dates and maximum amount)
C. Non - reimbursable Costs, Charges. Fees, or Other Expenses. Any fee,
cost, charge, fee, or expense incurred by the Contractor not otherwise
specifically authorized by this Agreement shall be deemed a non -
reimbursable cost and shall be borne by the Contractor and shall not be
billed or invoiced to the Town and shall not be paid by the Town.
D. Increases in Compensation or Reimbursable Expenses. Any increases or
modification of compensation or reimbursable expenses shall be subject
to the approval of the Town and shall be made only by written
amendment of this Agreement executed by both Parties.
2.3 Payment Processing. The Contractor shall submit invoices and requests for
payment in a form acceptable to the Town. Invoices shall not be submitted more
often than once each month unless otherwise approved by this Agreement or in
writing by the Town. Unless otherwise directed or accepted by the Town, all
invoices shall contain sufficient information to account for all Contractor time (or
other appropriate measure(s) of work effort) and all authorized reimbursable
expenses for the Services during the stated period of the invoice. Following
receipt of a Contractor's invoice, the Town shall promptly review the Contractor's
invoice.
2.4 Town Dispute of Invoice or Invoiced Item(s). The Town may dispute any
Contractor time, reimbursable expense, and /or compensation requested by the
Contractor described in any invoice and may request additional information from
the Contractor substantiating any and all compensation sought by the Contractor
before accepting the invoice. When additional information is requested by the
Town, the Town shall advise the Contractor in writing, identifying the specific
item(s) that are in dispute and giving specific reasons for any request for
information. The Town shall pay the Contractor within forty -five (45) days of the
receipt of an invoice for any undisputed charges or, if the Town disputes an item
or invoice and additional information is requested, within thirty (30) days of
acceptance of the item or invoice by the Town following receipt of the information
requested and resolution of the dispute. To the extent possible, undisputed
charges within the same invoice as disputed charges shall be timely paid in
accordance with this Agreement. Payment by the Town shall be deemed made
and completed upon hand delivery to the Contractor or designee of the
Contractor or upon deposit of such payment or notice in the U.S. Mail, postage
pre -paid, addressed to the Contractor.
3.0 CONTRACTOR'S GENERAL RESPONSIBILITIES
3.1 The Contractor shall become fully acquainted with the available information
related to the Services. The Contractor is obligated to affirmatively request from
the Town such information that the Contractor, based on the Contractor's
professional experience, should reasonably expect is available and which would
be relevant to the performance of the Services.
FORM: PSA 2009
3
3
3.2 The Contractor shall perform the Services in accordance with this Agreement
and shall promptly inform the Town concerning ambiguities and uncertainties
related to the Contractor's performance that are not addressed by the
Agreement.
3.3 The Contractor shall provide all of the Services in a timely and professional
manner.
3.4 The Contractor shall promptly comply with any written Town request for the Town
or any of its duly authorized representatives to reasonably access and review
any books, documents, papers, and records of the Contractor that are pertinent
to the Contractor's performance under this Agreement for the purpose of the
Town performing an audit, examination, or other review of the Services.
3.5 The Contractor shall comply with all applicable federal, state and local laws,
ordinances, regulations, and resolutions.
3.6 The Contractor shall be responsible at the Contractor's expense for obtaining,
and maintaining in a valid and effective status, all licenses and permits necessary
to perform the Services unless specifically stated otherwise in this Agreement.
4.0 TERM AND TERMINATION
4.1 Term. This Agreement shall be effective on the 28 day of April at 12:01 a.m.,
(the "Effective Date ") and shall terminate at 11:59 p.m. on December 31, 2010,
or on a prior date of completion of the Services or termination as may be
permitted by this Agreement; provided, however, that the Parties may mutually
agree in writing to the monthly extension of this Agreement for up to twelve (12)
consecutive calendar months if such extension is approved by the Town
Manager, Town Council and the Contractor and such extension does not alter or
amend any of the terms or provisions of this Agreement.
4.2 Continuing Services Required. The Contractor shall perform the Services in
accordance with this Agreement commencing on the Effective Date until such
Services are terminated or suspended in accordance with this Agreement. The
Contractor shall not temporarily delay, postpone, or suspend the performance of
the Services without the written consent of the Town Council, Town Manager, or
a person expressly authorized in writing to direct the Contractor's services.
4.3 Town Unilateral Termination. This Agreement may be terminated by the Town
for any or no reason upon written notice delivered to the Contractor at least ten
(10) days prior to termination. In the event of the Town's exercise of the right of
unilateral termination as provided by this paragraph:
FORM: PSA 2009
A. Unless otherwise provided in any notice of termination, the Contractor
shall provide no further services in connection with this Agreement after
receipt of a notice of termination; and
B. All finished or unfinished documents, data, studies and reports prepared
by the Contractor pursuant to this Agreement shall be delivered by the
Contractor to the Town and shall become the property of the Town; and
FA
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C. The Contractor shall submit to the Town a final accounting and final
invoice of charges for all outstanding and unpaid Services and
reimbursable expenses performed prior to the Contractor's receipt of
notice of termination and for any services authorized to be performed by
the notice of termination as provided by Section 4.3(A) above. Such final
accounting and final invoice shall be delivered to the Town within thirty
(30) days of the date of termination; thereafter, no other invoice, bill, or
other form of statement of charges owing to the Contractor shall be
submitted to or accepted by the Town.
4.4 Termination for Non - Performance. Should a party to this Agreement fail to
materially perform in accordance with the terms and conditions of this
Agreement, this Agreement may be terminated by the performing party if the
performing party first provides written notice to the non - performing party which
notice shall specify the non - performance, provide both a demand to cure the
non - performance and reasonable time to cure the non - performance, and state a
date upon which the Agreement shall be terminated if there is a failure to timely
cure the non - performance. For purpose of this Section 4.4, "reasonable time"
shall be not less than five (5) business days. In the event of a failure to timely
cure a non - performance and upon the date of the resulting termination for non-
performance, the Contractor prepare a final accounting and final invoice of
charges for all performed but unpaid Services and authorized reimbursable
expenses. Such final accounting and final invoice shall be delivered to the Town
within fifteen (15) days of the date of termination; thereafter, no other invoice, bill,
or other form of statement of charges owing to the Contractor shall be submitted
to or accepted by the Town. Provided that notice of non - performance is provided
in accordance with this Section 4.3, nothing in this Section 4.3 shall prevent,
preclude, or limit any claim or action for default or breach of contract resulting
from non - performance by a Party.
4.5 Unilateral Suspension of Services. The Town may suspend the Contractor's
performance of the Services at the Town's discretion and for any reason by
delivery of written notice of suspension to the Contractor which notice shall state
a specific date of suspension. Upon receipt of such notice of suspension, the
Contractor shall immediately cease performance of the Services on the date of
suspension except: (1) as may be specifically authorized by the notice of
suspension (e.g., to secure the work area from damage due to weather or to
complete a specific report or study); or (2) for the submission of an invoice for
Services performed prior to the date of suspension in accordance with this
Agreement.
4.6 Reinstatement of Services Following Town's Unilateral Suspension. The Town
may at its discretion direct the Contractor to continue performance of the
Services following suspension. If such direction by the Town is made within (30)
days of the date of suspension, the Contractor shall recommence performance of
the Services in accordance with this Agreement. If such direction to
recommence suspended Services is made more than thirty -one (31) days
following the date of suspension, the Contractor may elect to: (1) provide written
notice to the Town that such suspension is considered a unilateral termination of
this Agreement pursuant to Section 4.3; or (2) recommence performance in
FORM: PSA 2009
5
el
accordance with this Agreement; or (3) if suspension exceeded sixty (60)
consecutive days, request from the Town an equitable adjustment in
compensation or a reasonable re -start fee and, if such request is rejected by the
Town, to provide written notice to the Town that such suspension and rejection of
additional compensation is considered a unilateral termination of this Agreement
pursuant to Section 4.3. Nothing in this Agreement shall preclude the Parties
from executing a written amendment or agreement to suspend the Services upon
terms and conditions mutually acceptable to the Parties for any period of time.
4.7 Delivery of Notice of Termination. Any notice of termination permitted by this
Section 4.0 and its subsections shall be addressed to the person signing this
Agreement on behalf of either Town or Contractor at the address shown below or
such other address as either party may notify the other of and shall be deemed
given upon delivery if personally delivered, or forty -eight (48) hours after
deposited in the United States mail, postage prepaid, registered or certified mail,
return receipt requested.
5.0 INSURANCE
5.1 Insurance Generally. The Contractor shall obtain and shall continuously maintain
during the term of this Agreement insurance of the kind and in the minimum
amounts specified as follows:
FORM: PSA 2009
❑ The Contactor shall secure and maintain the following ( "Required
Insurance "):
❑ Worker's Compensation Insurance in the minimum amount
required by applicable law for all employees and other persons as
may be required by law. Such policy of insurance shall be
endorsed to include the Town as a Certificate Holder.
❑ Comprehensive General Liability insurance with minimum
combined single limits of One Million Dollars ($1,000,000.00)
Dollars each occurrence and of One Million Dollars
($1,000,000.00) aggregate. The policy shall be applicable to all
premises and all operations of the Contractor. The policy shall
include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations.
The policy shall contain a severability of interests provision.
Coverage shall be provided on an "occurrence" basis as opposed
to a "claims made" basis. Such insurance shall be endorsed to
name the Town as Certificate Holder and name the Town, and its
elected officials, officers, employees and agents as additional
insured parties.
❑ Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury of not less than of One
Hundred Thousand Dollars ($100,000.00) each person and each
accident and for property damage of not less than Fifty Thousand
0
Dollars ($50,000.00) each accident with respect to each of the
Contractor's owned, hired and non -owned vehicles assigned to or
used in performance of the Services. The policy shall contain a
severability of interests provision. Such insurance coverage must
extend to all levels of subcontractors. Such coverage must
include all automotive equipment used in the performance of the
Agreement, both on the work site and off the work site, and such
coverage shall include non - ownership and hired cars coverage.
Such insurance shall be endorsed to name the Town as
Certificate Holder and name the Town, and its elected officials,
officers, employees and agents as additional insured parties.
❑ Professional Liability (errors and omissions) Insurance with a
minimum limit of coverage of One Million Dollars ($1,000,000.00)
per claim and annual aggregate. Such policy of insurance shall
be obtained and maintained for one (1) year following completion
of all Services under this Agreement. Such policy of insurance
shall be endorsed to include the Town as a Certificate Holder.
The Required Insurance shall be procured and maintained with insurers
with an A- or better rating as determined by Best's Key Rating Guide. All
Required Insurance shall be continuously maintained to cover all liability,
claims, demands, and other obligations assumed by the Contractor.
5.2 Additional Requirements for All Policies. In addition to specific requirements
imposed on insurance by this Section 5.0 and its subsections, insurance shall
conform to all of the following:
A. For both Contractor Insurance and Required Insurance, all policies of
insurance shall be primary insurance, and any insurance carried by the
Town, its officers, or its employees shall be excess and not contributory
insurance to that provided by the Contractor; provided, however, that the
Town shall not be obligated to obtain or maintain any insurance
whatsoever for any claim, damage, or purpose arising from or related to
this Agreement and the Services. The Contractor shall not be an insured
party for any Town - obtained insurance policy or coverage.
B. For both Contractor Insurance and Required Insurance, the Contractor
shall be solely responsible for any deductible losses.
C. For Required Insurance, no policy of insurance shall contain any
exclusion for bodily injury or property damage arising from completed
operations.
D. For Required Insurance, every policy of insurance shall provide that the
Town will receive notice no less than thirty (30) days prior to any
cancellation, termination, or a material change in such policy.
5.3 Failure to Obtain or Maintain Insurance. The Contractor's failure to obtain and
continuously maintain policies of insurance in accordance with this Section 5.0
and its subsections shall not limit, prevent, preclude, excuse, or modify any
FORM: PSA 2009
7
0
liability, claims, demands, or other obligations of the Contractor arising from
performance or non - performance of this Agreement. Failure on the part of the
Contractor to obtain and to continuously maintain policies providing the required
coverage, conditions, restrictions, notices, and minimum limits shall constitute a
material breach of this Agreement upon which the Town may immediately
terminate this Agreement, or, at its discretion, the Town may procure or renew
any such policy or any extended reporting period thereto and may pay any and
all premiums in connection therewith, and all monies so paid by the Town shall
be repaid by Contractor to the Town immediately upon demand by the Town, or
at the Town's sole discretion, the Town may offset the cost of the premiums
against any monies due to the Contractor from the Town pursuant to this
Agreement.
5.4 Insurance Certificates. Prior to commencement of the Services, the Contractor
shall submit to the Town certificates of insurance for all Required Insurance.
Insurance limits, term of insurance, insured parties, and other information
sufficient to demonstrate conformance with this Section 5.0 and its subsections
shall be indicated on each certificate of insurance. Certificates of insurance shall
reference the Project Name as identified on the first page of this Agreement. The
Town may request and the Contractor shall provide within three (3) business
days of such request a current certified copy of any policy of Required Insurance
and any endorsement of such policy. The Town may, at its election, withhold
payment for Services until the requested insurance policies are received and
found to be in accordance with the Agreement.
6.0 OWNERSHIP OF DOCUMENTS
Any work product, materials, and documents produced by the Contractor pursuant to this
Agreement shall become property of the Town of Avon upon delivery and shall not be made
subject to any copyright unless authorized by the Town. Other materials, methodology and
proprietary work used or provided by the Contractor to the Town not specifically created and
delivered pursuant to the Services outlined in this Agreement may be protected by a copyright
held by the Contractor and the Contractor reserves all rights granted to it by any copyright. The
Town shall not reproduce, sell, or otherwise make copies of any copyrighted material, subject to
the following exceptions: (1) for exclusive use internally by Town staff and /or employees; or (2)
pursuant to a request under the Colorado Open Records Act, § 24 -72 -203, C.R.S., to the extent
that such statute applies; or (3) pursuant to law, regulation, or court order. The Contractor
waives any right to prevent its name from being used in connection with the Services.
7.0 CONFLICT OF INTEREST
The Contractor shall refrain from providing services to other persons, firms, or entities that
would create a conflict of interest for the Contractor with regard to providing the Services
pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any
Town official or employee that would place the official or employee in a position of violating the
public trust as provided by C.R.S. § 24 -18 -109, as amended, or any Town — adopted Code of
Conduct or ethical principles.
FORM: PSA 2009 8
8.0 REMEDIES
In addition to any other remedies provided for in this Agreement, and without limiting its
remedies available at law, the Town may exercise the following remedial actions if the
Contractor substantially fails to perform the duties and obligations of this Agreement.
Substantial failure to perform the duties and obligations of this Agreement shall mean a
significant, insufficient, incorrect, or improper performance, activities or inactions by the
Contractor. The remedial actions include:
A. Suspend the Contractor's performance pending necessary corrective action as
specified by the Town without the Contractor's entitlement to an adjustment in
any charge, fee, rate, price, cost, or schedule; and /or
B. Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed; and /or
C. Deny payment for those services which have not been satisfactorily performed,
and which, due to circumstances caused by the Contractor, can not be
performed, or if performed would be of no value to the Town; and /or
D. Terminate this Agreement in accordance with this Agreement.
The foregoing remedies are cumulative and the Town, it its sole discretion, may exercise any or
all of the remedies individually or simultaneously.
9.0 MISCELLANEOUS PROVISIONS
9.1 No Waiver of Rights: A waiver by any Party to this Agreement of the breach of
any term or provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach by either Party. The Town's approval or
acceptance of, or payment for, services shall not be construed to operate as a
waiver of any rights or benefits to be provided under this Agreement. No
covenant or term of this Agreement shall be deemed to be waived by the Town
except in writing signed by the Town Council or by a person expressly authorized
to sign such waiver by resolution of the Town Council of the Town of Avon, and
any written waiver of a right shall not be construed to be a waiver of any other
right or to be a continuing waiver unless specifically stated.
9.2 No Waiver of Governmental Immunity: Nothing in this Agreement shall be
construed to waive, limit, or otherwise modify any governmental immunity that
may be available by law to the Town, its officials, employees, contractors, or
agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado
Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised
Statutes.
9.3 Affirmative Action: Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin.
Contractor will take affirmative action to ensure applicants are employed, and
employees are treated during employment without regard to their race, color,
religion, sex or national origin. Such action shall include, but not be limited to the
FORM: PSA 2009
\\1
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
9.4 Binding Effect: The Parties agree that this Agreement, by its terms, shall be
binding upon the successors, heirs, legal representatives, and assigns; provided
that this Section 9.4 shall not authorize assignment.
9.5 No Third Party Beneficiaries: Nothing contained in this Agreement is intended to
or shall create a contractual relationship with, cause of action in favor of, or claim
for relief for, any third party, including any agent, sub - consultant or sub-
contractor of Contractor. Absolutely no third party beneficiaries are intended by
this Agreement. Any third -party receiving a benefit from this Agreement is an
incidental and unintended beneficiary only.
9.6 Article X, Section 20/TABOR: The Parties understand and acknowledge that the
Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR'). The
Parties do not intend to violate the terms and requirements of TABOR by the
execution of this Agreement. It is understood and agreed that this Agreement
does not create a multi - fiscal year direct or indirect debt or obligation within the
meaning of TABOR and, therefore, notwithstanding anything in this Agreement to
the contrary, all payment obligations of the Town are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of the
Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available in accordance with the rules, regulations, and
resolutions of Town of Avon, and other applicable law. Upon the failure to
appropriate such funds, this Agreement shall be terminated.
9.7 Governing Law, Venue, and Enforcement: This Agreement shall be governed by
and interpreted according to the law of the State of Colorado. Venue for any
action arising under this Agreement shall be in the appropriate court for Eagle
County, Colorado. To reduce the cost of dispute resolution and to expedite the
resolution of disputes under this Agreement, the Parties hereby waive any and all
right either may have to request a jury trial in any civil action relating primarily to
the enforcement of this Agreement. The Parties agree that the rule that
ambiguities in a contract are to be construed against the drafting party shall not
apply to the interpretation of this Agreement. If there is any conflict between the
language of this Agreement and any exhibit or attachment, the language of this
Agreement shall govern.
9.8 Survival of Terms and Conditions: The Parties understand and agree that all
terms and conditions of the Agreement that require continued performance,
compliance, or effect beyond the termination date of the Agreement shall survive
such termination date and shall be enforceable in the event of a failure to perform
or comply.
9.9 Assignment and Release: All or part of the rights, duties, obligations,
responsibilities, or benefits set forth in this Agreement shall not be assigned by
Contractor without the express written consent of the Town Council for Town of
FORM: PSA 2009
10
Rol
Avon. Any written assignment shall expressly refer to this Agreement, specify
the particular rights, duties, obligations, responsibilities, or benefits so assigned,
and shall not be effective unless approved by resolution or motion of the Town
Council for the Town of Avon. No assignment shall release the Applicant from
performance of any duty, obligation, or responsibility unless such release is
clearly expressed in such written document of assignment.
9.10 Paragraph Captions: The captions of the paragraphs are set forth only for the
convenience and reference of the Parties and are not intended in any way to
define, limit or describe the scope or intent of this Agreement.
9.11 Integration and Amendment: This Agreement represents the entire and
integrated agreement between the Town and the Contractor and supersedes all
prior negotiations, representations, or agreements, either written or oral. Any
amendments to this must be in writing and be signed by both the Town and the
Contractor.
9.12 Severability: Invalidation of any of the provisions of this Agreement or any
paragraph sentence, clause, phrase, or word herein or the application thereof in
any given circumstance shall not affect the validity of any other provision of this
Agreement.
9.13 Incorporation of Exhibits: Unless otherwise stated in this Agreement, exhibits,
applications, or documents referenced in this Agreement shall be incorporated
into this Agreement for all purposes. In the event of a conflict between any
incorporated exhibit and this Agreement, the provisions of this Agreement shall
govern and control.
9.14 Employment of or Contracts with Illegal Aliens: Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement.
Contractor shall not contract with a subcontractor that fails to certify that the
subcontractor does not knowingly employ or contract with any illegal aliens. By
entering into this Agreement, Contractor certifies as of the date of this Agreement
it does not knowingly employ or contract with an illegal alien who will perform
work under the public contract for services and that the contractor will participate
in the e- verify program or department program in order to confirm the
employment eligibility of all employees who are newly hired for employment to
perform work under the public contract for services. The Contractor is prohibited
from using either the e- verify program or the department program procedures to
undertake pre - employment screening of job applicants while this Agreement is
being performed. If the Contractor obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an
illegal alien, the Contractor shall be required to notify the subcontractor and the
Town within three (3) days that the Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien. The Contractor
shall terminate the subcontract if the subcontractor does not stop employing or
contracting with the illegal alien within three (3) days of receiving the notice
regarding Contractor's actual knowledge. The Contractor shall not terminate the
subcontract if, during such three days, the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with
an illegal alien. The Contractor is required to comply with any reasonable
FORM: PSA 2009
11
request made by the Department of Labor and Employment made in the course
of an investigation undertaken to determine compliance with this provision and
applicable state law. If the Contractor violates this provision, the Town may
terminate this Agreement, and the Contractor may be liable for actual and /or
consequential damages incurred by the Town, notwithstanding any limitation on
such damages provided by such Agreement.
9.15 Compliance with Article XXVIII of the Colorado Constitution: If and only to the
extent this Agreement constitutes a "sole source government contract" within the
meaning of Article XXVIII of the Colorado Constitution ( "Article XXVIII"), then the
provisions of Sections 15 through 17 of Article XXVIII ( "Amendment 54 ") are
hereby incorporated into this Agreement and the parties hereto shall comply with
the provisions of Amendment 54. In such a case, for purposes of this
Agreement, the Contractor shall constitute a "contract holder" for purposes of
Amendment 54, as shall any additional persons, officers, directors or trustees
related to the Contractor who qualify as "contract holders" pursuant to the
definition set forth in Article XXVIII. In addition, if and only to the extent this
Agreement constitutes a "sole source government contract," the Contractor
hereby certifies that it is not ineligible to hold any "sole source government
contract" pursuant to Amendment 54 or any contract thereunder, and the
Contractor hereby agrees to notify the Town immediately if, at any point during
the term of this Agreement, the Contractor shall become ineligible to hold any
"sole source government contract" pursuant to Amendment 54 or any contract
thereunder. If any provision or provisions of Amendment 54 are held to be
unconstitutional or otherwise invalid by a court of competent jurisdiction in a non -
appealable action, have been repealed retroactively or otherwise do not apply to
this Agreement, such provision or provisions shall no longer be incorporated into
this Agreement and the Parties shall have no obligations under such provision or
provisions.
9.16 Non - Liability of Town for Indirect or Consequential Damages or Lost Profits:
Parties agree that the Town shall not be liable for indirect or consequential
damages, including lost profits that result from the Town's declaration that the
Contractor is in default of the Agreement, so long as the Town acts in good faith.
9.17 Notices: Unless otherwise specifically required by a provision of this Agreement
any notice required or permitted by this Agreement shall be in writing and shall
be deemed to have been sufficiently given for all purposes if sent by certified mail
or registered mail, postage and fees prepaid, addressed to the Party to whom
such notice is to be given at the address set forth below or at such other address
as has been previously furnished in writing, to the other Party. Such notice shall
be deemed to have been given when deposited in the United States Mail
properly addressed to the intended recipient.
FORM: PSA 2009
If to the Town: If to the Contractor:
Town Manager
Attention: Drew Rader
Town of Avon
Rader Engineering, Inc.
P.O. Box 975
40690 highway 6, Suite E1
Avon, Colorado 81620
Avon, CO 81620
With Copy to:
12
N
Eric J. Heil, Town Attorney
Widner Michow & Cox
11333 E. Arapahoe Road
Suite 100
Centennial, Colorado 80112
10.0 SPECIAL PROVISIONS
X None.
❑ Attached to this Agreement as Exhibit ; or
❑ As follows:
FORM: PSA 2009
13
\13
11.0 AUTHORITY
The individuals executing this Agreement represent that they are expressly authorized to enter
into this Agreement on behalf of Town of Avon and the Contractor and bind their respective
entities.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK- SIGNATURE PAGE FOLLOWS
FORM: PSA 2009
14
E
THIS AGREEMENT is executed and made effective as provided above.
ATTEST:
TOWN OF AVON, COLORADO
By:
Mayor or Mayor Pro Tem
APPROVED AS TO FORM:
(Does Not Include Exhibits)
Town Clerk Town Attorney
CONTRACTOR: Rader Engineering, Inc.
By:
4 �
Name: J. Drew Rader
Position: Owner
FORM: PSA 2009 15
EXHIBIT A
Project/Services Name: Town Hall HVAC Control Systems Upgrade
Exhibit A - Page 1 \�
Town of Avon — Town Hall HVAC Control System Upgrade EXHIBIT A
4/15/10
Mr. Shane Pegram P.E.
Town of Avon
PO Box 975
Avon, CO 81620
Dear Shane,
Thank you for the opportunity to provide a proposal for the Town Hall HVAC control investigation and
upgrade recommendations. Based on our previous conversations and prior engineering work on the Town Hall
building I am proposing to provide the following services.
PHASE
Evaluation Phase
Rader Engineering will be utilizing the specialized services of Energy Services of Colorado (ESCO).
ESCO is a temperature control contractor who will lend their expertise to allow us to more thoroughly
evaluate specific components of the existing DDC system. We feel this approach will provide a more
thorough and comprehensive analysis to the Owner. During our walk through visits of the existing
systems, we will be documenting in detail the existing HVAC equipment and controls. We will also be
performing basic functional testing to determine, on a basic level, which equipment is functional and
which equipment needs to be replaced.
Recommendations & Specifications Phase
We anticipate providing detailed written recommendations and specifications for competitive bidding by
multiple controls contractors. Our specifications will include DDC points lists, equipment lists and
sequence of operations. We will also include specifications for replacement HVAC equipment as
necessary.
PHASE II
Bidding & Negotiation Phase
We will review bids for accuracy and completeness. The Owner will select the controls contractor to
perform the work. We can review the project with the selected controls contractor, discussing any
questions or suggestions that they may have.
Installation Phase
We will perform periodic site visits to observe the installation of the new control system. Written
reports will be provided to the Owner.
Commissioning Phase
After the new controls have been installed/upgraded, we anticipate the controls contractor will be
commissioning the system in detail. During this commissioning phase, the controls contractor will
identify any additional existing equipment that is non - functional that needs to be replaced. As stated
previously, during the evaluation phase, we will be attempting to determine upfront which equipment is
MECHANICAL, ELECTRICAL &PLUMBING ENGINEERING HADEBZ
OFFICE 40690 Highway 6, Suite E1 ■Avon, CO 81620
P H O N E 970.845.7910 FAX 970.845.7522
www.raderengineering.com ENGINEERING • COMFORT SYSTEMSM O�
Town of Avon — Town Hall HVAC Control System Upgrade
functional and non - functional, however after the new controls have been installed, it may become
apparent that some equipment does not work properly. We will assist in specification of the
replacement equipment as required.
We propose to provide Phase I which includes the Evaluation Phase and Recommendations & Specifications
Phase for a not to exceed fee of Sixteen Thousand Dollars ($16,000.00) based on our current hourly rates.
Phase II which includes Bidding & Negotiation, Installation and Commissioning can be provided at a later date
as an additional services.
Please let me know if you have any questions.
Sincerely,
4 �
J. Drew Rader P.E.
MECHANICAL, ELECTRICAL &PLUMBING ENGINEERING HADE15510Z
OFFICE 40690 Highway 6, Suite E1 III Avon, CO 81620
PHONE 970.845.7910 FAX 970.845.7522 ���
www.raderengineering.com ENGINEERING • COMFORT SYSTEMS04 71
RATE SCHEDULE ■ 2010
ITEM
RATE
PER UNIT
Professional Engineer — Project Design
125.00
Hour
Project Engineer
100.00
Hour
Design Engineer
90.00
Hour
Junior Engineer
80.00
Hour
Drafting Services
65.00
Hour
Administrative /Clerical
45.00
Hour
Mileage
0.65
Mile
Equipment
1.00
As Invoiced
Parts
1.00
As Invoiced
Expenses
1.00
As Incurred
Out Consultants
1.10
As Incurred
Documents:
Drawings (Mylar Originals)
4.00
Sq. Ft.
Drawings (Bond Originals)
1.50
Sq. Ft.
Drawings (Paper Originals)
7.00
Each
Drawings (Blueprints)
0.50
Sq. Ft.
Photocopies - 8.5" x 11"
0.10
Each
MECHANICAL, ELECTRICAL Sc PLU, CO 8 ENGINEERING HADEIRZ
oe -FlcE 40690 Highway 6, Suite E1 ■Avon CO 81620
P H a N E 970.845.7910 FAX 970.845.7522
www.raderengineering.com ENGINEERING • COMFORT SYSTEMSM Y°
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
From: Sally Vecchio, Asst Town Manager, Com Dev
Date: April 21, 2010
Re: Planning and Zoning Commission Appointments
Summary: Four positions on the Avon Planning and Zoning Commission ( "PZC ") will
expire on May 1, 2010. Appointment of members to the PZC is included on the agenda for
the April 27, 2010 regular Town Council meeting. Town has received five (5) applications for
the four (4) positions to be filled with appointments.
Attached for your reference is a copy of the Municipal Code requirements for membership to
the Planning and Zoning Commission (AMC 2.16), which places a priority on selecting a
balanced group of industry professionals and lay community members. Below is a summary
of the five applicants and their backgrounds. The letters of interest and other materials
provided by the candidates are included with this memorandum.
Applicants:
Sheriff Masry General Manager, Starwood Hotels/ Property Owner/ Non -
Resident
Guy Patterson Principle, Timberline Consulting & Owner of Avon Laundromat,
Inc / Resident
Phil Struve Retired (Technology Management) / Resident
W. Todd Goulding Self- employed, (Real Estate Development) / Resident
Scott Prince Vice President/Mortgage Loans, Millennium Bank / Resident
Continuing Members (511111 Term Expiration):
Chris Green Architect, Ago Studios / Resident
Leslie Roubos Managing Partner, Maverick Lending Network / Resident
Paul Anderson Engineer, Marcin Engineering / Non - Resident
Background: The purpose of the Planning and Zoning Commission is to act in an advisory
capacity to the Town Council. The Commission's role is to review and recommend to the
Town Council desirable or necessary modifications to the zoning ordinance, subdivision
regulations, and to review and approve design review procedures and criteria as they relate
to the zoning ordinance. The Planning and Zoning Commission also acts as the Design
Review Board of the Town and performs all duties and exercises all powers assigned to the
Design Review Board of the Town.
Given the dual role in dealing with both zoning and design review authority for the Town, the
Avon Municipal Code recognizes that a balance in membership is necessary between the lay
community and industry professionals.
Recommendation: The Avon Municipal Code recommends that a minimum of two (2) to
three (3) industry professionals hold positions at all times, and that two (2) of these
professionals be architects, landscape architects or designers. The applicants do not meet
the definition of industry professional, therefore, the Avon Municipal Code states that Council
should then consider the following criteria in descending order:
1. Registered electors of the Town shall be preferred over persons who are not
registered electors.
2. Persons having special skills and experience of particular value to the Commission
shall be preferred over persons who do not.
Town Manager Comments:
Exhibits:
A: Applicant Materials
B: Chapter 2.16 of Avon Municipal Code (Planning & Zoning Commission)
• Page 2
X)M(Dt*t P%
April 13, 2010
Town of Avon
Attn: Planning and Zoning Commission
To Whom It May Concern:
I am responding to the available P &Z open position. My previous experiences and
education have allowed me to develop strong leadership skills along with excellent
interpersonal communication, and organizational skills. As noted on my resume, I have
vast experience with associations and have been an active board member in impacting the
community. I look forward to speaking with you regarding the opportunity that is
available, and how we can contribute towards Avon's growth.
I appreciate the time you have taken to review the attached resume. I would enjoy the
opportunity to discuss how I may be of assistance in the success Avon..
Please feel free to contact me at (407) 965 -8837 or (970) 748 -6001.
Sincerely,
Sheriff Masry
SHERIFF MASK Y
P.O. Box 8704
Avon, CO 81620
(407) 965 -8837
Sheriff.Masry @Starwoodvo.com
OBJECTIVE:
To secure a challenging and rewarding career in the hospitality industry. Based on my previous experience
and education, the desired position is General Manager.
EXPERIENCE:
STAR WOOD HOTELS AND RESORTS
August 2006 - Present
General Manager /Corporate Director of Food and Beverage
Direct and manage the daily operations of the Sheraton Mountain Vista, Lakeside Terrace Resort, and the Westin
Riverfront Mountain Villas in Vail Valley. Responsibilities also included conceptual development, recruiting,
training, menu development/product rollouts, opening new facilities, transitioning of mixed use operations, market
analysis, national marketing promotions, and coordinating distribution for all properties. In addition to being the
Liaison between Starwood and various corporations, other responsibilities consisted of overseeing financial
performances for ten corporate managed properties while reporting to the Area VP of Operations. Additional
responsibilities include...
• Coordinating pre- opening functions (OS &E, Budgets, Training, etc.)
• Concept development partnership with Construction and Development division
• Opened 5 Westin resorts as Task force opening GM
• Partnership with NAD and NBT teams to set standards and develop concepts
• Manage 6 HOA (Home Owner Association) operating budgets and reserve replacements
• Developed and challenging EC members to exceed budgeted EBITDA while missing revenues by $250,000
• Exceeded GSI (Guest Survey Index) by 2 points year over year regarding (overall satisfaction)
• Enhanced Starvoice (employee survey) survey while minimizing turnover
• Aggressively monitor and manage Sales and Marketing initiatives
HARRAH'S CASINO & HOTEL — ST. LOUIS
March 2005 —August 2006
Director of Food and Beverage & Hotel Operations
Direct and manage the daily operations of non - gaming profit centers. This entails twelve food and beverage venues, a
502 room hotel, in addition to monitoring the sales and catering department. Food and Beverage/ Hotel financial plan
is to attain an excess of $112 million in revenue that contribute towards the properties $325 million fiscal budget. This
goal is executed through managing and developing a guest oriented team that consists of 52 managers and 700 plus
employees. Responsibilities also include...
• Financials; budgeting, forecasting, theoretical and analysis
• Managing Director of capital projects
• Developing and aiding in the design of new concepts
• Overseeing strategic marketing plans and entertainment schedules
• Works closely with Human Resources to recruit, train, and retain top talent while minimizing turnover
• Menu development and design
• Manage an excess of $35 million in purchasing along with overseeing warehouse operations /inventory control
• Direct aggressive initiatives towards customer service analysis (customer loyalty program)
• Revenue maximization on daily basis
HILTON HOTEL CORPORATION
December 1997 — March 2005
General Manager /Corporate Director of Food and Beverage
Directed and managed multi -unit operations for the Food and Beverage division of Hilton Hotel Corporation.
Responsibilities included franchise development, recruiting, training, menu development/product rollouts, opening
new facilities, transitioning for hotel acquisitions, market analysis, national marketing promotions, and coordinating
distribution for 25 properties. In addition to being the Liaison between Hilton Hotel Corporation and various
corporations, other responsibilities consisted of overseeing financial performances for fifteen corporate managed
properties while reporting to the Senior VP of Operations. Additional responsibilities /assignments include...
• Task force, interim hotel General Manager while opening 15 properties
• Three year GM assignment @ Doubletree Hotel - San Antonio
• Concept development (Hilton Restaurant Group)
• Implementing national training programs
• Merchandising initiatives
• Personnel development programs
• Continuous auditing of corporate standards
• Implemented programs to ensure attainment of aggressive profit enhancement objectives
• Executed various financial reports along with budgeting and forecasting
• Market Feasibility analysis and pre- opening proforma
LANDRY'S SEAFOOD INC. — Houston, TX
July 1995 — December 1997
Regional General Manager
Provided operational support for six facilities within the Mid -South with revenues in excess of $35 million.
Established goals and schedules for monthly and quarterly forecasts. Maintained company policy and
procedures to enforce operational standards and quality. Developed and managed all aspects of financial
reporting. Supervised regional recruiting, training, and managerial development. Implemented regional
marketing and business plan to increase revenues, and maximize margins.
WATERMARC RESTAURANT GROUP — Houston, TX
August 1994 — July 1995
General Manager
Managed single property and aided in opening two regional restaurants. Some of the responsibilities
included financial reporting, financial analysis, regional marketing, menu development, and troubleshooting
multiple restaurants to maximize revenue along with monthly margins.
SMITH BARNEY INVESTMENT FIRM — Houston, TX
May 1993 — August 1994
Financial Analyst
Conducted financial reviews and reports daily. Compared and monitored fluctuating market to analyze
financial performance of various corporate accounts.
ARAMCO SERVICE COMPANY —Houston, TX
November 1989 — May 1993
Staff Analyst
Monitored and controlled all departmental expenses for the Computer Security division. In addition to
overseeing accounts payables, departmental payroll, and supervised departmental budget.
EDUCATION:
B.A. Accounting & Economics — University of Houston
AWARDS AND AFFILIATIONS:
2006 Vice President - Skal Association — St. Louis Chapter
2006 State Board - Chairman of Public Relations /Communication — Missouri Restaurant Association
2004 Vice President — Lacledes Landing Merchant Association
2004 President — Missouri Restaurant Association — St. Louis Chapter
Best Seafood — St. Louis Maw 2001 & 2002
Top Restaurant Establishments — Bon Appetite Magazine 2002
Top Ten Restaurants — July 2002 — St. Louis FishMarket — Food and Wine Magazine
Wine Spectator Award - 2002/2003/2004 Wine Spectator Award — St. Louis FishMarket
President of Avon Metro District - Present
BOD of Confluence Metro District - Present
March 30, 2010
Town of Avon Council
PO Box 975
Avon, CO 81620
Re: Application to Planning and Zoning Commission
Dear Town of Avon Council Members;
Attached is my resume in application to the position of Commissioner for the Avon Town Planning and
Zoning Commission. I believe you will find my professional and educational background well suited for
this important position.
I hold a Masters in Public Administration from the University of Colorado at Denver with an emphasis in
local government. My professional background includes being a town administrator for two Colorado
municipalities as well as a contract land development consultant- specifically to the Town of Minturn for
the past several years as they have worked through the Battle Mountain development proposal. I'm
well versed in planning and zoning issues for both small applications and large, complicated, multi-
faceted projects. It is very possible that I will encounter both types of projects in the capacity of a
Planning and Zoning Commissioner.
I am a registered voter who has lived in Avon off and on since 2003. Most recently I opened and now
operate the Avon Laundromat in Chapel Square.
I thank you in advance for your consideration of my application and look forward to hearing from you in
the near future.
Sincerely,
Guy Patterson, MPA
PO Box 1464
Avon, CO 81620
patterson_guy@hotmaii.com
Guy P. Patterson, M.P.A.
PO Box 1464, Avon, CO 81620
970 - 343 -0979 patterson guycWhotmail.com
Seeking a professional position where my experience, education and exposure to a broad base of
different concepts and ideas could enhance whatever I'm involved in.
EDUCATION AND PROFESSIONAL CERTIFICATION
University of Northern Colorado 1996 Colorado City and County Management
Bachelor ofArts- History Association 2005
University of Colorado at Denver 1999
Masters in Public Affairs
Emphasis in State and Local Government
International City and County
Management Association Associate
Membership 2005
PROFESSIONAL EXPERIENCE
Owner
Avon Laundromat, Inc.
Developed and own and operate a coin- operated laundromat in Avon, CO.
2009 - Present
Principal
Timberline Consulting, LLC
Provide general public and private land development consulting, public relations, outreach and
advocacy; and public and private specific projects management.
Avon, CO
2007 - present
Project Manager - Land Development
Carter & Burgess, Engineering
Provided Project Management services to the Town of Minturn for the Battle Mountain
annexation and land use proposal.
Min turn, CO
2006 -2007
Town Administrator
Timnath, CO
Chief Administrative Officer of Colorado Front Range town estimated to grow from 300 residents
to over 10,000 residents within a decade.
2005
Town Administrator /Clerk/Finance
Red Cliff, CO
Chief Administrative Officer of mountain mining town that was dealing with resort community
impacts on a marginal budget Worked extensively with infrastructure issues such as water,
sewer and roadways.
2003 -2005
Representative for Red Cliff, CO
Eagle County Regional Transportation Authority Board of Directors
Appointed by the Town of Red Cliff Board of Trustees.
2003 -2004
Political Director
Ramona Martinez for Congress
Responsible for research, formulation and articulation of campaign policy proposals and
positions.
Denver, CO
2001 -2002
Public Policy Research Adjunct
Bighorn Center for Public Policy
Non -partisan, Colorado -based public policy research institute. Researched "Best Practices" on a
variety of topics ranging from No -Call lists to Faith -Based policy initiatives.
Denver, CO
2001
Legislative Aide to Assistant Minority Leader
Colorado House of Representatives
Responsible for day -to -day organization and operation of State Capitol office; constituent
outreach and response; polity research.
Denver, CO
1999
Licensed Substitute Teacher
Adams County District 14
Commerce City, CO
1997 -2000
Campaign Manager for Successful $623 Million Bond Issue
Citizens for Youth, Education & Schools Greeley/ Evans School District
Managed day - to-day operations of campaign. Worked for citizens group and with a variety of
campaign consultants.
Greeley, CO
1996
Avon Town Council
April 20, 2010
This letter is to the Avon Town Council outlining my interest in continuing to serve on the
Planning and Zoning Commission for the next 2 years.
Why do I want to serve?
• Participate in developing and applying a new land use plan
• Support current compressive plans outlining the development of both East
and West "Downtown" Avon going forward within the land use plan
• Start thinking about the effect change within the Village and how it will effect
the Community
• Help evolve the Transit Plan (particularly bicycling and pedestrian portions).
• Help adjust decision making to include evolving trends in Wildridge
• Use the "mistakes" we have made to improve design approval record
• Comments concerning the P &Z
• Has signification improved structure and process in last year
• Training has been OJT, so we need to add half hour session to one meeting
a month discussing good and bad design, community planning and
governance
• With current Commission structure in place transition to new Commission will
be smoother than in the past
• Communications between the Commission, Town Staff and Town Council are
improving, we still have a way to go.
• The Commission still works best with mix of architects, builders and citizens
• Continue to treat people who come before the commission professionally
• Expand linkage with other groups (Arts, Transportation and County)
My commitment to the P &Z
• Will attend every meeting possible
• Missed 1 meeting in the last (knee replacement)
• Attended many Council Meeting
• Will continue to review all documentation and participate in onsite visits prior
to each meeting to be fully informed
Professional management expertise
• 25 years of managing customer service for large technology corporations
• Experience managing with and without line authority
• Decision making from limited available information
• Consensus building
• Direct and concise communications
• Negotiating
• Risk assessment
Thank you for the privilege of serving the last 6 years.
Phil Struve
Phil Struve
P.O. Box 867
5780 Wildridge Road East
Avon, Colorado
970.949.5874
1995 to Present - Clientec — Founder & Principal — Avon, CO
Clientec provides technology project management, installation and service management
to vendors and users. The following is list of Clientec projects and clients may be
contacted for references.
• Project managed the network conversion IP /Frame Relay for 5000 banking locations.
• Managed the construction and upgrade of twenty-one motor banks to substantially
improve customer service.
• Built successful project plans for implementing physical security systems for three Air
Force Bases including protecting nuclear weapons.
• Developed a project plan for a physical security system based upon video streaming
and network archive storage
• Designed and implemented service delivery measurement system, including
documenting and negotiating service level agreements
• Restructured and completed two projects to build Web -based ASP infrastructure for a
major telecomm company.
• Designed and implemented a highly effective call center using off -the -shelf software,
computer telephony and standard networking products
• Implemented a highly secure and reliable worldwide corporate network that includes
product testing and benchmarking lab.
• Analyzed and restructured a North American service operation for European
company
• Analyze, restructure and manage a 600 person European service operation for a
North American Company
• Manage "point -of- touch" upgrade projects for automatic teller machines, article
monitoring, CCTV surveillance, and point of sale devices
• Complete a complex acquisition project requiring extensive data manipulation
programs to convert/migrate 7500 new accounts
1994 to 1995 Scan - Optics — VP Sales & Marketing - East Hartford, CT
1990 to 1994 Convex Computer — VP Worldwide Service & Integration - Dallas, TX
1986 to 1990 Recognition Equipment — VP Worldwide Service - Dallas, TX
1982 to 1986 NBI — Director of HQ Service - Boulder, CO
1981 to 1982 Spartacus Computers — Director of Operations - Bedford, MA
1968 to 1981 IBM — San Francisco, CA, Poughkeepsie, NY and Boulder, CO
Programming Center Manager
Information Systems Architect
Product Planner and Systems Programmer
Field Engineer and Manager
1964 to 1968 US Forest Service (Los Padres) — Fire Technician - Big Sur, CA
1964 to 1968 Heavenly Valley Ski Area — Ski Patrolman — South Lake Tahoe, CA
EDUCATION:
Bowling Green University: BS (Finance)
Numerous technology skills and leadership classes
April 13, 2010
Matt Gennett, Planning Manager
Town of Avon
Post Office Box 975
Avon CO, 81620
Re: Town of Avon, Planning & Zoning Commission
Dear Matt:
I would like to confirm my interest to continue serving on the Planning & Zoning
Commission. Please accept this letter as my application for the position. If you require any
other additional information, please contact me.
I have been a resident and employee in Avon since November of 1999, employed by the
Vail Resorts Development Company, Vail Capital Partners, and currently self employed. One of
my personal goals is give back to the Community in which I live and work, and help guide and
influence future Development. I truly enjoy the work and relationships I have created as a
member for the Planning and Zoning Commission, and look forward to the upcoming challenges
before us.
Thank you for your consideration of my application.
Sincerely,
W. Todd Goulding
600 Nottingham Rd, #5 • Avon, Colorado 81620
P.O. Box 1061 • Avon, Colorado 81620 * 970.845.2369
W. TODD GOULDING
P.O. Box 1061, Avon, CO 81620
Mobile: 970 - 331 -1732 • toddg24@gmail.com
Real Estate Development & Construction Management
Highly accomplished real estate development and construction management professional with a depth of
experience in commercial and residential development in publically traded and private equity
environments. Proven track record, covering 14 years and $1+ billion of successful projects in remote,
challenging locations, delivering on time, within budget. Expert ability to mitigate risk through transparent
relations with clients, consultants, municipalities, direct reports, and investors.
Areas of Expertise
Project Management • Construction Management • Master Planning • Entitlements • Design
Real Estate Development • Budgeting • Architecture • Scheduling • Contract Negotiations
Due Diligence • Customer Service • Client Relations • Risk Management • Team Leadership
Professional Experience
VAIL CAPITAL PARTNERS, INC., Avon, CO 2008 —2009
Private equity investment firm formed to invest in luxury resort real estate developments in the Western
U. S. Employs 17 and manages several private equity investments including homes, multifamily, and
mixed -use projects.
Partner / Senior Project Manager
Managed overall redevelopment planning of 117 -unit, 12 -acre parcel in Vail Valley valued at $500 -700
million in gross revenue with expected ROI of 20 -25% across 10 -15 years. Developed business plans and
managed pro formas based on market conditions and forecasts, altering direction as required. Project
included more than one million square feet of commercial, residential, and mixed uses. Presented
concepts and financial prospectus to existing and potential high- net -worth individual and institutional
investors.
Key Accomplishments
• Entered into partnership with local municipality to move forward on development plan slated to
provide 10 -20% increase in projected returns in comparison with original vision and direction due
to revised, transparent approach and master plan.
• Met or exceeded investor expectations by turning around poorly planned vision and creating
workable development plan.
• Improved partner communications and operations by developing new accounting and risk -
management systems while creating new methods of accountability among partners.
W. TODD GOULDING Page Two
VAIL RESORTS DEVELOPMENT COMPANY, Avon, CO 1997— 2008
Provides master planning, design, and luxury developments through high levels of service via concierge
and customer service during construction and beyond delivery.
Senior Project Manager
Created preliminary budgets and negotiated and executed contracts with architects, consultants, and
general contractors on projects ranging from $12 million to $400 million. Managed $400 million, 560,000
square -foot Ritz - Carlton Residences from planning through groundbreaking. Ensured open
communication among all parties, including senior management, clients, partners, and stakeholders.
Oversaw design, permitting, construction, and budget of Vail Mountain's $10 million expansion, Blue Sky
Basin, to open for the 2000 ski season. Managed all aspects of a $70 million ultra - luxury, multi - family
development, Gore Creek Place, including permitting, construction, delivery, and customer relations.
Key Accomplishments
• Launched sales of Ritz - Carlton Residences' 71 luxury condominiums, exceeding lender's 66%
presales requirement, permitting construction to start on time.
• Coordinated sales launch, building permit, and execution of GMP contract, worth $192 million, to
break ground on schedule.
Identified $6 million in construction savings through value engineering and design coordination,
maintaining project return.
• Acquired Ritz - Carlton Development Company approvals including coordination and inclusion of
technical requirements, and specifications.
• Constructed and delivered Gore Creek Place, 16 -unit luxury residential project in Vail, Colorado,
on time and budget, producing $70 million gross revenue with $18 million profit.
Created new warranty process and customer service and concierge programs that exceeded
clients' needs and expectations on all luxury residences.
Managed $20 million development of Red Sky Ranch Golf Club, delivering project to operations
ahead of schedule, allowing grand opening with Greg Norman, Dan Marino, John Elway, and Mike
Shanahan.
Education, Licenses & Certifications
B.S., Engineering, TUFTS UNIVERSITY, Medford, MA
Licensed Real Estate Broker, Colorado
Certified Engineer in Training (EIT), Massachusetts
Scott Prince
P.O. Box 8156
Avon, CO 81620
April 0, 2010
Sally Vecchio, Community Development Director
Town of Avon
P.O. Box 975
Avon, Colorado 81620
Re: Letter of Intent
Dear Ms. Vecchio:
Please accept this letter as my intent to continue to serve on Avon's Planning and Zoning Commission. I
was originally appointed in the spring of 2008 and my appointment expires this May.
I am interested in serving on the Commission as I have a deep, long term interest in the Town of Avon and
our community. My skills and employment background bring a unique and desirable perspective to the
Commission. With two years under my belt, I have developed an understanding of the Town's
Comprehensive Plan, Design Guidelines, and other long range plans. It's also worth mentioning I have
attended 100% of the meetings, and have attended every joint work session. I also serve as the Town's
representative for the Traer Creek DRB, a role I enjoy and feel that I have been successful with
representing the Town.
Outside of the Commission, I continue to be employed as a Vice President of Millennium Bank, a locally
owned financial institution. I have over 15 years of experience in all aspects of banking, residential and
commercial lending, and financial planning. Additionally, I also serve as a Board of Director for the Vail
Board of Realtors and a local non - profit preschool, Children's Garden of Learning. My educational
background includes an MBA from the University of Denver where I graduated with honors and an
undergraduate degree in business from Cal State Sacramento, where I also graduated with honors.
As I'm sure you know, it takes time to truly understand the Town's goals and guiding documents. If I am
appointed for another term, I will continue to add value to the Commission thru my tenure and strong desire
to make the Town of Avon a better community.
Thank you for your consideration.
Scott Prince
Scott B. Prince
5300 Ferret Lane /P.O. Box 8156 Avon, CO 81620 email: scot1prince2008(kaol.com 970- 471 -9235
PROFILE
Experienced, high energy mortgage banking professional with recognized expertise in sales, account
management and growth, background in all origination channels, marketing, mortgage technology, and
diverse credit markets knowledge. Expertise in establishing productive relationships and
communicating effectively at all levels, both internally and externally.
Strengths:
➢ Successful track record of leading, developing, building and managing profitable relationships
with small to large mortgage bankers, financial institutions and mortgage brokers nationwide.
➢ Fifteen years of experience in Mortgage Banking and Credit.
➢ Strong public speaking skills with a proven ability to sell through expertise and motivation.
➢ Extensive knowledge of various investor guidelines including underwriting, loan pricing,
delegated programs, capital markets and securities.
➢ Seasoned in secondary marketing and underwriting processes relating to Agency, Jumbo, FHA,
Alt -A, Reverse, single close Construction, Warehouse lending, and Commercial loan products.
Millennium Bank Edwards, CO Dec. 2008 — Current
Vice President — Mortgage Loan Originator
Millennium Bank is a privately held state chartered bank headquartered in Edwards, Colorado, with
branches located in various Colorado resort markets.
Major Accomplishments:
➢ Originated and funded approximately $15 million in retail residential mortgages.
➢ Successfully adapted my skill set to retail originations and exceeded goals.
➢ Developed additional Secondary Market relationships and enhanced the bank's mortgage policies.
➢ Exposed to retail banking, portfolio lending, and REO loss mitigation.
➢ Completed numerous compliance and systems trainings, including the state of Colorado mandated
40 hours of mortgage broker certification.
➢ This experience in retail has given me great opportunity to leverage my ability to be an even more
effective and valuable correspondent manager.
Indymac Bank, FSB Pasadena, CA Nov. 1995 — Sept. 2008
Vice President — Business Development Manager
Mortgage Professionals Group
Indymac Bank was the 2nd largest independent mortgage lender and the 7`b largest savings and loan
in the nation.
Major Accomplishments:
➢ Personally responsible for the purchase of over $5 billion in residential mortgages.
➢ Member of Indymac's Sales Executive Council since 2002, a select group of top performers who
provided constructive feedback to executive management on a variety of issues.
➢ #1 Producer in the Rocky Mountain region and ranked #5 nationwide.
➢ Managed and developed a staff of customer account executives and support personnel.
➢ Well respected and highly regarded as a manager by all at Indymac. Zero sick days taken and I
always scored above curve on annual reviews and peer rankings.
➢ Helped design and implement a POS risk based pricing, underwriting and imaging system.
➢ Proven ability to adjust to changing market conditions as I successfully rebuilt my business
multiple times after reorganizations.
➢ Member of Indymac's Risk Based Operations Committee to reduce unit cost through streamlining
the entire process. One of 3 selected out of over 1000 salespeople.
➢ Hosted monthly training seminars nationwide for all business partners and internal staff.
➢ Screen, train and coach other sales staff on sales strategies, lead acquisition and delivery practices.
Mentored new staff and was a resource for senior management.
➢ Experienced in appraisal review, underwriting signing authority to $650,000, and loan funding
experience. Cross trained in all aspects of the "back office."
➢ Certified annually for all Bank regulatory compliance requirements.
➢ Home Construction Lending top producer and trainer. Responsible for understanding all aspects
of the construction lending process, including budgeting, plans /specs, permits, insurances, costing,
underwriting, funding and the disbursement process.
EDUCATION
University of Denver Daniels College of Business -- Denver, CO
Master of Business Administration, 1995, Graduated with Honors
California State University -- Sacramento, CA
Bachelor of Science in Business Administration, 1993, Graduated with Honors
PUBLIC /PRIVATE APPOINTMENTS
Commissioner, Town of Avon Planning and Zoning Commission
➢ Appointed by the Avon Town Council, April 2008 — Present
➢ Review and decision residential /commercial planning, zoning and design review.
Board of Directors, Vail Board of Realtors, Affiliate Liaison
➢ Appointed by the Vail Board of Realtors, September 2008 — Present
➢ The VBR serves over 900 members and affiliates in Eagle County.
Board of Directors, Children's Garden of Learning
➢ May 2008 — Present
➢ CGL is a non - profit pre- school in Vail with revenues in excess of $700,000.
PROFESSIONAL ASSOCIATIONS
➢ Colorado Association of Mortgage Brokers (CAMB) — Member and guest speaker
➢ National Association of Mortgage Brokers (NAMB) — Member
➢ Mortgage Bankers Association of America (MBAR) — Member
PERSONAL
➢ I am a non - smoker and have lived in the Vail Valley for 15 years. I enjoy spending my free time
with my wife Amber and our 5 year old son Henry. Favorite activities include hiking, biking,
fishing and anything outdoors.
Exhibit B
CHAPTER 2.16
Planning and Zoning Commission
2.16.010 Establishment and purpose.
(a) There is hereby established a Planning and Zoning Commission of the Town.
(b) The purposes of the Planning and Zoning Commission are as follows:
(l) To guide and accomplish a coordinated, adjusted and harmonious development of the
municipality and its environs, which will, in accordance with present and future needs, best
promote health, safety, morals, order, convenience, prosperity and general welfare, as well as
efficiency and economy in the process of development, including, among other things,
adequate provision for traffic, the promotion of safety from fire, floodwaters and other
dangers, adequate provision for light and air, the promotion of healthful and convenient
distribution of population, the promotion of good civic design and arrangement, wise and
efficient expenditure of public funds and the adequate provision of public utilities and other
public requirements;
(2) To secure safety from fire, panic, floodwaters and other dangers; to promote health and
general welfare; to provide adequate light and air; to prevent the overcrowding of land; to
avoid undue
concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements;
(3) To preserve the natural beauty of the Town's site and setting, to prevent indiscriminate
clearing of property, removal of trees and earthmoving, and to attain the objectives set out in
this Chapter through design review of the exterior design of all new structures and property
development and additions to all existing structures and property development.
(c) The objectives of the design review function of the Planning and Zoning Commission shall
be as follows:
(1) To prevent excessive or unsightly grading of property which could cause disruption of
natural watercourses or scar natural landforms;
(2) To ensure that the location and configuration of structures, including signs and signage,
are visually harmonious with their sites and with surrounding sites and structures and that
there shall be conformance to the master plan of record of the Town;
(3) To ensure that the architectural design of structures and their materials and colors are
visually harmonious with the Town's overall appearance, with surrounding development, with
natural and existing landforms and with officially approved development plans, if any, for the
areas in which the structures are proposed to be located;
(4) To ensure that plans for the landscaping of property and open spaces conform with the
rules and regulations as prescribed by the Town and by this Chapter and to provide visually
pleasing settings for structures on the same site and on adjoining and nearby sites. (Ord. 83 -11
§ I (Part))
2.16.020 Definitions.
Certain terms as used in this Chapter are defined in this Section. The Commission shall define
such other terms as necessary to be used in its rules and regulations.
Clerk means the Town Clerk of the Town.
Commission means the Planning and Zoning Commission of the Town.
Council means the elected Town Council of the Town.
County means the County of Eagle, Colorado.
Town means the Town of Avon, Colorado. (Ord. 83 -11 § I (part))
2.16.030 Created — membership — terms.
(a) Effective the first day of May, 1983, there is created a Planning and Zoning Commission of
the Town composed of seven (7) members appointed by the Town Council, to which is delegated
the powers and duties to administer this Chapter.
(b) The term Planning and Zoning Commission shall be deemed to refer to the full seven -
member Commission, which Commission shall fulfill all duties and have all powers now or
hereafter delegated to either the Planning and Zoning Commission of the Town or the Design
Review Board of the Town.
(c) Effective the first day of May, 1983, the existence of the independent Design Review
Board of the Town heretofore created is terminated; provided, however, that all matters pending
before the Design Review Board on such date shall fall within the jurisdiction of the Planning and
Zoning Commission, and the rules and regulations of the Design Review Board shall be the rules
and regulations of the Commission until modified by the Commission and approved by the Town
Council.
(d) Because of its dual role as both a Planning Commission and a Design Review Authority, it
is recognized that a balance in the membership is necessary between the lay community and
industry professionals (architects, landscape architects, designers, real estate developers and/or
contractors). Registered electors residing in the County shall be eligible for appointment, but at
least five (5) members shall be registered electors of the Town at the time of their appointment to
the Commission. Appointments shall be made first to maintain the balance between industry
professionals and the lay community (it is recommended that a minimum of two [2] to three [3]
industry professionals hold positions on the Commission at all times and that two [2] of these
professionals be architects, landscape architects or designers) and then by the following criteria in
descending order:
(1) Registered electors of the Town shall be preferred over persons who are not registered
electors.
(2) Persons who own real property or a business within the Town shall be preferred over
persons who do not.
(3) Persons having special skills and experience of particular value to the Commission shall
be preferred over persons who do not.
(e) The term of office for a member shall be two (2) years on an overlapping tenure; provided,
however, that of the members initially appointed, three (3) members shall serve for terms of one
(1) year and four (4) members shall serve for terms of two (2) years, respectively, and after the
expiration of the initial terms, each member subsequently appointed shall serve for a term of two
(2) years. (Ord. 05 -06 § 1; Ord. 94 -9 § 1; Ord. 83 -31 § 1; Ord. 83 -11 § 1(part)
2.16.040 Vacancies.
A vacancy on the Planning and Zoning Commission shall occur whenever a member of the
Commission is removed by the Town Council, dies, becomes incapacitated and unable to perform
his or her duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the
Town or is convicted of a felony. A member of the Commission who ceases to possess the
qualifications for office possessed by him or her at the time of his or her appointment may be
permitted by the Town Council to serve until the end of his or her term, provided he or she
continues to reside in the County. A member of the Commission may be removed for misconduct,
including but not limited to repeated absence from meetings or violation of the Town's code of
ethics. In the event a vacancy occurs, the Town Council shall appoint a successor to fill the
vacancy and serve the remainder of the term of the former member. Ord. 05 -06 §2; Ord. 94 -9 §2;
Ord. 83 -11 § I (part))
2.16.050 Compensation.
All members of the Commission shall serve with compensation at the rate of seventy -five
dollars ($75.00) per each attended meeting, not to exceed one hundred fifty dollars ($150.00) per
month, and be reimbursed for all authorized personal expenses incurred while performing duties
as a Commission member. (Ord. 96 -2)
2.16.060 Organization.
The Commission shall select its own chairman, a vice chairman and a secretary from among
its members. The chairman or, in his or her absence, the vice chairman, shall be the presiding
officer of its meeting. In the absence of both the chairman and the vice chairman from a meeting,
the members present shall appoint a member to serve as acting chairman at the meeting. All
meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice
given to all interested parties. Four (4) members shall constitute a quorum for the transaction of
business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later
time or date and in the absence of all members, any staff member shall adjourn any meeting to a
later time or date. (Ord. 83 -11 § 1(part))
2.16.070 Rules of procedure.
The Commission shall operate in accordance with its own rules of procedure as provided for
in Section 11.2 of the Town Charter. The rules shall be filed with the Town Clerk and maintained
in the records of the Town and shall be subject to public inspection; provided, however, that the
Commission shall submit its proposed rules or any amendment thereto to the Town Council,
which by motion shall approve the rules or amendment and direct their adoption by the
Commission, or disapprove the proposal with directions for revision and resubmission. (Ord. 83-
11 § 1(part))
2.16.080 Authority to retain consultants.
The Commission is authorized to retain the services of one (1) or more consultants, provided
funds have been appropriated by the Town for said purpose, to advise and assist the Commission
in performing the functions prescribed in this Chapter. The consultants may be retained to advise
the commission on a single project, on a number of projects, or on a continuing basis. (Ord. 83 -11
§1(part))
2.16.090 Meetings.
The Planning and Zoning Commission shall meet in accordance with the rules of procedure
governing the Commission, and otherwise upon the call of the chairman, or in the absence of the
chairman, by the vice chairman. Meetings shall be called sufficiently frequently that the
procedure prescribed in this Chapter shall commence within thirty (30) days of submission of all
materials required by this Code. (Ord. 83 -11 § 1(part))
2.16.100 Staff.
The Planning Director shall serve as the staff of the Commission, and shall provide for the
service of a recording secretary, who shall act in the capacity of secretary for the Commission for
the purpose of receiving applications and other material for consideration for the Commission.
(Ord. 83 -11 § 1(part))
2.16.110 Duties of the Commission.
The Planning and Zoning Commission shall have the following functions and duties:
(1) To make and recommend to the Town Council plans for the physical development of
the Town, including any areas outside its boundaries, subject to the approval of the legislative
or governing body having jurisdiction thereof, which in the Commission's judgment bear
relation to the planning of the Town. The plan, with the accompanying maps, plats, charts and
descriptive matter, shall show the Commission's recommendations for the development of the
subject territory;
(2) To review and recommend to the Town Council desirable or necessary modifications to
the zoning ordinance, with appropriate regulations, which may be specifically provided or
required by ordinance of the Town;
(3) To review and recommend to the Town Council desirable or necessary modifications to
the subdivision regulations, as may be provided or required by ordinance of the Town;
(4) To review and approve design review procedures and criteria as they relate to the
zoning ordinance;
(5) To review and comment on programs and studies of planning issues for the Town and
its environs;
(6) To conduct research and appropriate studies of planning issues for the Town and its
environs;
(7) To act as the Design Review Board of the Town and to perform all duties and exercise
all powers assigned to the Design Review Board of the Town;
(8) To consider any other matters pertaining to the Commission as provided by law,
resolution or ordinance, and to act in an advisory capacity to the Town Council when so
requested, and to perform all other powers and duties authorized and required by ordinance or
state law;
(9) To review and approve, disapprove or conditionally approve design of all proposed
structures in the Town, based upon criteria and procedures determined necessary for the
health, safety and welfare of the residents of the Town and approved by the Town Council.
The Town shall not authorize site preparation, building construction, sign erection or
application, exterior alteration or enlargement of an existing structure or paving, fencing,
planting or other improvements of open space unless design approval has been granted as
prescribed in this Chapter. (Ord. 83 -11 §1(part))
2.16.120 Performance bonding.
If the Commission determines such action is necessary to protect the health, safety and welfare
of the residents of the Town, prior to issuing approval of any application, the Commission may
require permittee to submit, prior to obtaining a building permit, a letter of credit, surety bond or
other adequate security, in a form and an amount acceptable to the Town, guaranteeing to the
Town the compliance with all requirements of the Commission, or regulations or ordinances of
the Town. It is not the intention of this provision that duplicate bonding be a requirement. (Ord.
83 -11 § I(part)
2.16.130 Material to be submitted.
(a) The Commission shall adopt rules and regulations for the submission of applications,
materials and information requiring action by the Commission. The rules and regulations shall
include procedures, schedules, content and quantities of materials to be submitted.
(b) The owner or authorized agent of any proposed project requiring action by the
Commission shall submit all of the required material and information in accordance with the rules
and regulations of the Commission. Any application found incomplete shall not come before the
Commission. (Ord. 83 -11 § 1(part))
2.16.140 Variances.
The Commission may provide for certain variances, exceptions and exemptions from the
requirements of its rules and regulations. (Ord. 83 -11 § I (part))
2.16.150 Fees.
The Town Council shall establish a schedule sufficient to cover the cost of Town staff time,
consultant's fees, public notices and incidental expenses of the Commission. (Ord. 83 -11 § I (part))
2.16.160 Appeal to Town Council.
(a) Appeal of any decision of the Planning and Zoning Commission shall be governed by the
provisions of this Section.
(b) Decisions of the Planning and Zoning Commission may be appealed to the Town Council
by the applicant or any interested person or may be reviewed at the request of a majority of the
Town Council at any time before the decision becomes final. An interested person is an adjacent
property owner or a person entitled to have notice of the hearing mailed to him or her in
association with the action of the Commission.
(c) Within five (5) working days following action of the Planning and Zoning Commission,
notification of its decision shall be deposited in the United States mail to the applicant and his or
her designated agent. The decision shall become final unless a written appeal or request for
review by the Mayor is received by the Town Clerk within fifteen (15) days of the decision of the
Planning and Zoning Commission.
(d) Not more than thirty (30) days following the filing of an appeal, or the request for review
by the Town Council, the Town Council shall review the action of the Planning and Zoning
Commission. The Town Council shall, in writing, confirm, modify or reverse the decision of the
Commission within thirty (30) days following the commencement of review. If it deems
insufficient information is available to provide the basis for a sound decision, the Town Council
may postpone final action for not more than thirty (30) additional days. Failure of the Town
Council to act within thirty (30) additional days shall be deemed action confirming the decision
of the Commission unless the applicant consents to a time extension. Action of the Town Council
shall become final immediately.
(e) Any decision by the Town Council which results in action modifying or reversing the
decision of the Planning and Zoning Commission shall specifically describe the reasons therefor
(f) Any appeal must be presented to the Town Clerk at the Town office, and each appeal must
be accompanied by a processing fee of fifty dollars ($50.00). (Ord. 04 -07 §§ 1 -5, Ord. 92 -12 § 1;
Ord. 83 -11 § 1(part))
2.16.170 Lapse of approval.
Approval of an application of any nature except zoning shall lapse and shall become
void two (2) years following the date of final approval of the application prescribed by
ordinance, unless, prior to the expiration of two (2) years, a building permit based upon
such approval is issued and construction is commenced and diligently pursued toward
completion. (Ord. 83 -11 § 1(part))
Memo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Asst Town Mgr /Comm Deve
Date: April 22, 2010
Re: Amendment to the 2006 Avon Comprehensive Plan to Include
Transportation Vision Statements
Summary
As part of the Connect Avon Now (CAN) project the Town Council directed the Planning and Zoning
Commission (PZC) to draft specific transportation vision statements to be included in the Avon
Comprehensive Plan for the purpose of providing additional guidance on the full range of future
transportation outcomes for the Town.
The PZC completed its visioning process during three public meeting held on February 16, 2010,
March 2, 2010 and March 16, 2010, and by unanimous approval of the full PZC recommended that
the Comprehensive Plan be amended to include four additional transportation vision statements as
described in PZC Res. 10 -01 (Attachment A).
Council Resolution No 10 -04 Adopting the Transportation Vision Statements as an Amendment to
the Avon Comprehensive Plan, has been prepared in consideration of this matter (Attachment C).
Background
The Town Council adopted the Avon Comprehensive Transportation Plan in October 2009. The
Transportation Plan provides a clear foundation and framework that supports an integrated multi -
modal transportation system with planning for future roadway improvements, transit service
enhancements and bicycle /pedestrian facilities.
Following the adoption of the Transportation Plan, the Town conducted financial modeling and
analysis to consider capital and operating costs associated with meeting the future vision of the
town's transportation systems. The CAN project is the means to identify funding options and deliver
the desired level of multi -modal connectivity in the Town with: 1) expanded transit routes, 2) added
trails and bike lanes, and 3) construction of a public parking garage.
The goals and policies of the Comprehensive Plan are the foundation of the Transportation Plan and
the CAN project. Therefore, Council has requested that the Comprehensive Plan vision statement
be expanded to:
1) Summarize the ideal future for the Town's transportation system in the next 20
years.
2) Provide context for the Connect Avon Now program recommendations.
3) Reinforce the strategic direction of Transportation Plan.
4) Give the Town a yardstick that it can use to measure present performance and
plans against its aspirations.
Discussion
The Avon Comprehensive Plan currently includes one vision statement related to transportation:
Avon will support a multi -modal transportation network that provides convenient, efficient, clean
links throughout the town, to ski area base facilities, and the entire Eagle Valley region.
The PZC drafted four additional statements which reflect the Comprehensive Plan goals in
supporting the multimodal transportation network system desired by the community and the CAN
strategic program recommendations related to transit, parking, roads and trails. The attached spread
sheet summarizes the relationship between the new vision statements, the Town's transportation
planning goals, policies and the CAN program (Attachment B).
Because the vision statements describe the desired outcome of the Town's transportation system by
2035, they also serve as a measuring stick against which the community can test the actions
recommended by CAN.
Proposed Transportation Vision Statements
1. Avon has an environmentally friendly and functional transportation system which ties to
the regional transportation system and provides safe, strategic, convenient travel options
that prioritize pedestrians and cyclists over motorists throughout Avon, including but not
limited to the commercial centers, resort facilities, and parking facilities.
2. The Town's transportation system is fiscally sustainable, manages both demand and
capacity, serves areas of planned density as described in the Town's planning
documents, optimizes technology, and joins roadways, pedestrian and bicycle paths and
facilities into a fully interconnected transportation network.
3. Parking in Avon is sufficient for guests, businesses and residents, which is strategically
located and enhances the community character of Avon.
4. The Town's transportation system promotes the region's economy and environmental
goals, and operates for the benefit of everyone in a convenient, attractive and safe
setting.
Staff Recommendation
Staff recommends that Council adopt Resolution No10 -04 Adopting Transportation Vision
Statements as an Amendment to the Avon Comprehensive Plan.
Town Manager Comments
• Page 2
TOWN OF AVON
PLANNING & ZONING COMMISSION VON
RESOLUTION NO. 10-01 f. 0 L 0 R A 0
A RESOLUTION RECOMMENDING APPROVAL OF THE TOWN OF AVON
TRANSPORTATION MASTER PLAN AMENDMENT TO THE AVON TOWN
COUNCIL
WHEREAS, The Town of Avon recognizes and affirms the value of a multi -modal transportation
vision that includes pedestrian, bicycle, transit and vehicular; and
WHEREAS, The Town of Avon's vision is to provide a high quality of life, today and in the
future, requiring a diversity of transportation modes that are safe, efficient and effective; and
WHEREAS, The Town Council approved the Town of Avon Comprehensive Transportation Plan
at their September 22, 2005 meeting; and
WHEREAS, The Town of Avon Comprehensive Transportation Plan acknowledges that there
are deficiencies with the existing and future roadways, bicycle /pedestrian facilities, and the
current Town transit system; and
WHEREAS, The Town desires to place a higher priority on the safety and quality of the
experience for pedestrians and bicyclists, with secondary consideration for roadway capacity
improvements for vehicular traffic; and
WHEREAS, the Town of Avon Comprehensive Transportation Plan will support the goals and
policies of the Town of Avon Comprehensive Plan, including:
Policy C.2.3: Require pedestrian, bike, and automobile connections, where
appropriate, between proposed and existing residential neighborhoods.
The use of multiple access points, traffic calming devices, and/or street
design standards will be employed to minimize cut through traffic.
Goal D.2. Create community gateways and streetscapes that reflect and strengthen
Avon's unique community character and image.
Goal G.1: Create and integrated transit system that minimizes dependence on
automobile travel within the Town by making it easier and more inviting to
use transit, walk, ride bicycles, and utilize other non - motorized vehicles.
Goal G.4: Provide a safe and efficient vehicular transportation system.
Goal G.1.2: Devise a public transit service plan that would replace the current one -
way loop system with a two-way system that utilizes new road links.
Compare annual service hours and productivity (passengers per vehicular
hour) estimates of two alternative service plans.
Goal G. 1. 7., Ensure that streets effectively accommodate transit, pedestrian, bicycle
and other modes of transportation.
Goal G.1.8: Retrofit existing streets to provide safe and inviting pedestrian sidewalks,
shoulders and crosswalks.
Goal G.1.9: Ensure that adopted roadway and intersection standards have adequate
provisions within the public right of way to fully incorporate both auto and
non -auto modes.
Goal G. 1.11: Provide a bicycle and/or pedestrian connection across or under 1 -70
between Metcalf Road and West Beaver Creek Blvd.
Goal G. 1.18: Support a transit system that maximizes ridership by providing frequent
service even if higher subsidy levels are required.
WHEREAS, The Town of Avon Planning and Zoning Commission held public meetings on
February 16, 2010, March 2, 2010, and March 16, 2010 meetings to draft vision statements to
be incorporated into the Town of Avon Comprehensive Transportation Plan, and the Planning
and Zoning Commission considered all public comments provided before taking any action to
make a recommendation to the Town Council;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON PLANNING AND ZONING
COMMISSION, that the Planning and Zoning Commission of the Town of Avon hereby
recommends approval to the Town of Avon Comprehensive Transportation Plan Amendment —
Attached hereto as Exhibit A.
ADOPTED THIS 6'h DAY OF APRIL, 2010
Signed: --
Date: �d
W. T66d oulding, Vpr6n
Attest.
Date:
F.-Ranning & Zoning CommissionlResoludons420101Res 10-01 Comp TrensRan Visioning Amendment doc
RELEVANT CITATIONS
Vision Statements
Comprehensive Plan
West TC Plan East
Recreational Trails
Comp Transportation
Connect Avon Now (2010)
(2006)
District Plan (2007,08)
Master Plan (2009)
Plan (2009)
* Prioritize peds, bikes and transit over auto
Policy B.1.5
* Ch. 3
" Adds 13,000 new service hours /year of transit service.
* Encourage transit- oriented development and
Policy B.1.8
* Appendix D
* Adds new routes to VAA, to BC Village, to affordable housing.
use of transit in the core area to link with critical
Policy C.4.3
* Ch 4, Fig. 4.3 offers
* Improves level of service in the core as infill occurs.
.y
destinations
Policies G.1.1 - G.1.18
summary of recommended
* Funds replacement of bus fleet.
* Create an integrated transportation system
Policies G.3.1 - G.3.3
service changes
* Constructs 15 new bus stops.
* Connect to Beaver Creek
Policy GA
' Calculates ridership mode
* Adds ammenities to existing bus stops.
* Provide safe and efficent transportation
Policy E.3.1
split
* Links to trail system and public parking.
Policy E.3.8
* Facilitates transition to future rail system.
Policy B.1.8
Conceptual sketchs of
* Funds $20M construction of public parking garage with 500 stalls
Y*
Public parking
Poli D.1.3
parking garages,
in Town Center West.
M
* Park once, shop many
Policies G.5.1 - G.5.4
approximate locations,
* Creates a parking enterprise fund which can be expanded with
streetscape vision
additional garages or other shared parking areas.
Policy B.2.5
' Whole document devoted
.�
Policy C.2.3
to establishing formal
Policy C.4.3
recreational trail system,
Prioritize eds bikes and transit over auto
P
Policies D.2.2 - D.2.3
priority projects, map
* Ch. 2
* Funding to construct 15 new projects which will add > 15 miles
* Create transit and ped /bike linkages
Policy E.3.2
locations, providing
* Ch. 4
of new pedestrian and bicycle linkages.
m
* Insure RR is not a barrier
Policy E.3.4
construction details,
` Sumarty of recommended
* See specific project 1►5t.
c
M
* Increase Recreational options tions
* Beautify f lwy 6
Policy E.3.8
Policies G.1.3 - G.1.4
maintenance plan, cost
estimates.
projects on Fig 4.2
* Creates new marketing guide for hikers and bikers.
g map
Policies G.1.7 - G.1.9
* Unpaved, recreational
Policies G.1.11 - G.1.12
trails shown in list in green.
CL
Polcies G.2.1 - G.2.4
* Enhance gateways and corridors
* Ch. 1
* Create unified streetscape, furnishings
Policy D.1.4
* Detailed traffic counts
Provides funding for street improvements at gateways and linkage
rn
* Prioritize peds, bikes and transit over auto
Policy D.2.5
modeling
points for Avon's stems
p y
* Street design to accommodate transit bikes
Goal G.1
Streetscape vision
* Areas of need identified
Funds bus stop and ped /bike trail improvements to be consistent
peds and other modes
Policies G.1.7 - G.1.10
drawings
*Summary of
throughout commercial core area
* Policy to track traffic counts and ID needs
Policy G.1.13
recommended projects Fig.
* CAN funds connections with road system.
* APP. A -C, E
* Provides means to fund shared parking structure, improves street
w
.o
frontage, improves connections, creates > 800 jobs
* Encourage private investment
Policy B.1.9
Goal C.1
* Funds construction of new recreational trails and usage guide.
C
* Establish year -round tourism and employment
Goals E.2 - E.3
Creates easy linkages with lodging.
U
LU
' Adds transit linkage to affordable housing areas.
r"_ - I
MC160-0
TOWN OF AVON, COLORADO
RESOLUTION NO. 10 -14
Series of 2010
A RESOLUTION ADOPTING TRANSPORTATION VISION STATEMENTS AS AN
AMENDMENT TO THE AVON COMPRHENSIVE PLAN
WHEREAS, the Town of Avon has adopted a Comprehensive Plan under the authority of
C.R.S. §31 -23 -201 et. seq.; and
WHEREAS, C.R.S § 31 -23 -208 authorizes the Town Council to adopt amendments to the Avon
Comprehensive Plan; and
WHEREAS, The Town of Avon recognizes and affirms the value of a multi -modal transportation
vision that includes pedestrian, bicycle, transit and vehicular; and
WHEREAS, The Town of Avon's vision is to provide a high quality of life, today and in the
future, requiring a diversity of transportation modes that are safe, efficient and effective; and
WHEREAS, The Town Council approved the Town of Avon Comprehensive Transportation Plan
at their September 22, 2009 meeting; and
WHEREAS, The Town of Avon Comprehensive Transportation Plan acknowledges that there
are deficiencies with the existing and future roadways, bicycle /pedestrian facilities, and the
current Town transit system; and
WHEREAS, the Comprehensive Plan does not adequately address present and future issues
that may arise in the downtown area, including parking constraints, traffic congestion, potential
loss of historic resources, and potential loss of traditional downtown character and scale; and
WHEREAS, the Avon Town Council directed the Avon Planning and Zoning Commission to
draft additional vision statement which 1) Summarize the ideal future for the Town's
transportation system in the next 20 years, 2) Provide context for the Connect Avon Now
program recommendations, 3) Reinforce the strategic direction of Transportation Plan, and 4)
Give the Town a yardstick to measure present performance and plans against its aspirations;
and
WHEREAS, The Avon Planning and Zoning Commission held public meetings on February 16,
2010, March 2, 2010, and March 16, 2010 as required by law, and drafted transportation vision
statements that addressed the Town Council's request; and
WHEREAS, the Avon Planning and Zoning Commission had the necessary two- thirds vote of
the full membership of the Commission as required by C.R.S §31- .28.208 to formally
recommend approval of the amendment.
NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL OF THE TOWN OF AVON
COLORADO:
1. The Transportation Vision Statements attached hereto as Exhibit A are hereby adopted
by reference and approved as an amendment to the Avon Comprehensive Plan.
ADOPTED THIS DAY OF
ATTEST:
Patty McKenny
Town Clerk
, 2010.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
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 Transpo atio�
Date: April 27, 2010
Re: Noxious Weeds - Ordinance 10 -06 (second reading)
Summary:
Town Council is requested to amend the town code regarding weeds. This meeting
is second reading of the noxious weed ordinance and includes a public hearing. A
separate action to address nuisance weeds (i.e. of the non - noxious variety) will be
scheduled in the near future.
Previous Council Actions:
Revisions to §§ 8.24.046 of the Avon Municipal Code entitled "Undesirable Plants"
(1992) and to § §8.24.045 entitled "Weeds" (1983) were proposed and discussed
upon first reading at the April 13, 2010 Town Council meeting.
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" in accordance with the Colorado Noxious Weed Act (8 CCR 1203-
19). This new ordinance names the Town Council as the "local weed advisory board
of the Town of Avon ". This formalizes the authority for the noxious weed mitigation
program and assigns it to the Avon Public Works Department.
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 expected to be added to the state's list.' The language
1 This species is listed as invasive in 26 states including Colorado, Arizona, Texas, Wyoming, and Utah. See:
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.
Note that the previous version of this ordinance (first reading 4/13/2010) included
language to regulate non - noxious weeds. Based on feedback from Town Council
and input from the Avon Building Division, staff decided to delete the nuisance
weed portion of the text from this ordinance. Staff intends to return to Council in
the near future with a separate action on nuisance weeds which will involve
amending the adopted International Property Maintenance Code (2009) to fill in the
blank in Section 302.4 (which lists the jurisdictionally - specific allowable height for
weeds) and leaving authority for enforcement with the Community Development
Department.
Financial Implications:
No impact. The town's 2010 budget already includes $30,000 in noxious weed
mitigation expenses along with a complementary $30,000 in noxious 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 second reading."
"I move to adopt the "Avon Noxious Weed Management Plan ", dated 4/13/2010."
Town Manager Comments:
Exhibits:
• Ordinance 10 -06
• "Noxious Weed Management Plan" dated 04/13/2010
U.S. Forest Service. Weed of the Week: Yellow Sweetclover. Accessed February 2009:
http: / /www.na.fs.fed.ustfhp /invasive plants /weeds /vellow sweetclover.pdf
Whitson, T.D. (ed.) et al. 1996. Weeds of the West. Western Society of Weed Science in cooperation with
Cooperative Extension Services, University of Wyoming. Laramie, Wyoming.
United States Department of Agriculture, Accessed online on April 8, 2010 at
hfti):Hplants.usda.gov/*ava/profile?svmbol=MEOF.
2
TOWN OF AVON, COLORADO
ORDINANCE 10 -06
SERIES OF 2010
AN ORDINANCE ENACTING NOXIOUS 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- 40](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 el. 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 . _ 8.24.046 Repealed. 18.24.046 of the Avon
Municipal Code hereby repealed in 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
Noxious Weed Control Regulations.
Ord 2010.06 Weed Control Regulations
Page 1 of 7
4.- .10
Formatted: Tab stops: 1.68 ", Left + Not at 3" 1
+ 6" J
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.
l #eet fneaffs affy ding: vegeutNes - ftf+oIllural
grai2i plots. natiN e plants in widistaf-bed of restered land. and Oannits, iniehade�d in. a landseape plan
appi-Ewed b) the TE)NN n,
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 7
v 7 4.820.10
Formatted: Tab stops: 1.68 ", Lek + Not at 3"
+ 6"
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 Wylie— Nuisnnee, Weeds. areas other than nw,ieus weeds . hieh are not
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.
(e) it shall be the duty of the
TeAAn in the affeas by
Town tO e0l1tFE)l weeds in all Fight of Nsays dedicated to t
the ToNsn designated
maintained
RepaiF "edbyand-set feFth
as
in AMC r 16.x' 41he Tav A Code t...w„ll ho th e d"t-,
line
the Town has !he dut5 to defi
and the edge of pa-, ement unless
assumed eoritt-el weeds as
08.36.070
o .
shall be a ..t F: -em the .. nt....Ft4s; reetion
836.01008.36.080 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.
836.0 08.36.090 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
Ord 2010 -06 Weed Control Regulations
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1' v4N 7 4.820.10
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Numbered + Level: 1 + Numbering Style: 01,
02, 03, ... + Start at: 1 + Alignment: Left +
Aligned at: 0.25' + Indent at: 0.5', Tab stops:
Not at 0.63"
Formatted: Bullets and Numbering
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+ 6"
Works Director shall have the authority to abate public nuisances declared in this Chapter 8.36 as
set forth below.
8.36.01208.36.100 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)(6). 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(1)(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 7
r4V7 4.820.10
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+ 6"
8.36.130 Abatement of Weeds. The Publie Aloi -ks Dii -e tai- ,.r gown ee,,. aget.., a to
&.-?4.
8:36:04408.36.110 _ Penalty. A violation of this Chapter 8.36 shall be a civil infraction and Formatted: Bullets and Numbering
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 Formatted: Tab stops: 1.68 Left + Not at 3"
+ 6"
Ord 2010.06 Weed Control Regulations
Page 5 of 7
"N 7 4.820.10
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.
Isignature pate %ilowsl
Ord 2010 -06 Weed Control Regulations
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, . % 7 41.*. °•_6.10
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i
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
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+ 6"
Ord 2010 -06 Weed Control Regulations
Page 7 of 7
Via_ 4.820.10 .
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
Common Name:
Leafy Spurge
Russian Knapweed
Diffuse Knapweed
Spotted Knapweed
Canada Thistle
Musk Thistle
Plumeless Thistle
Scotch Thistle
9
Houndstongue
10
Whitetop;?Hoary Cress
11
Yellow Toadflax
12
Oxeye Daisy
13
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 very invasive, detrimental to cattle, has been found to be problematic in Avon, and is expected
to be added to the state's noxious weed list.
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-
1 This species is listed as invasive in 26 states including Colorado, Arizona, Texas, Wyoming, and Utah. See:
U.S. Forest Service. Weed of the Week: Yellow Sweetclover. Accessed February 2009:
http : / /www.na.fs.fed.ustfharnvasive plants /weeds /yellow sweetclover.gdf
Whitson, T.D. (ed.) et al. 1996. Weeds of the West. Western Society of Weed Science in cooperation with Cooperative
Extension Services, University of Wyoming. Laramie, Wyoming.
United States Department of Agriculture, Accessed online on April 8, 2010 at
hftp://plants.usda.gov/lava/profile?svmbol=MEOF.
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.
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)
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 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.
-4-
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 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
-5-
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.
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.
-6-
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 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.
-7-
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
'/z 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.
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.
-8-
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.
-9-
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Jamison, Police Service Officer
Date: April 22nd, 2010
Re: Revised Wildlife Ordinance, No 10-07, Series of 2010, Second Reading
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.
This is the second reading and there will be a public hearing.
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 which applies
specific definitions for multi - family housing developments and dictates appropriate maintenance and
operation of all refuse containers and enclosures.
Recommended Motion: I move to adopt the revised Wildlife Ordinance.
Town Manager Comments:
W—.. I , M-f
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. The above and foregoing recitals are
incorporated herein by reference and adopted as findings and determinations of the Town
Council.
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
v7 4.20.2010 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
v7 4.20.2010 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
v7 4.20.2010 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
v7 4.20.2010 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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v7 4.20.2010 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: Penal
Violation
$100 to $250 fine
First violation.
$250 to $1,000 fine
Each successive
violation within twelve
(12) months of the
previous violation.
W
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 S. 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
Ord. No. 2010
Page 6 of 8
v7 4.20.2010 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 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 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 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.
[remainder of page intentional left blank — signature page follows]
Ord. No. 2010
Page 7 of 8
v7 4.20.2010 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
v7 4.20.2010 ejh
�`� C-=
To: Mayor & Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Asst. Town Manager Mgmt Services
Date: April 27, 2010
Re: Public Hearings for Outdoor Use of Amplified Sound Applications
Summary:
The third Annual Doggie Dash event has received special event permits through the Avon
Recreation Center. This event will utilize an amplified sound system. A public hearing is required on
Outdoor Use of Amplified Sound for events that will be using amplified sound before 9:00 AM or
after 8:00 PM in Nottingham Park (Avon Municipal Code Chapter 5.24.020). This event will utilize
amplification sound systems to help provide entertainment, organize & inform the participants and
spectators throughout the morning.
Discussion:
Please find attached a memo from Special Events staff (Danita Chirichillo) and the application and
maps for the event. The public notice was printed in the Vail Daily and public hearings are required
on the applications because the event will begin earlier than the 9 AM time frame allowed for in Harry
A. Nottingham Park.
Financial Implications:
The applicants have submitted the $25 processing fee for the amplified sound permit & the related
fees with the Recreation Department.
Town Manager Comments:
Attachments:
✓ Memo from Special Events
✓ Applications for Outdoor Use of Amplified Sound Equipment
MEMORANDUM
TO: Meryl Jacobs — Director of Recreation and Cultural Services
Department Heads
FROM: Danita Chirichillo — Special Events Supervisor
DATE: March 16, 2010
REGARDING: Special Event Permit Application
Staff has received a 2010 special event permit application for the third annual Doggy
Dash. Following are the event details:
Event Date: Sunday, June 13
Event Times: 9:00 a.m. to 12:00 p.m.
Event Re -Can: This is the third year for the Doggy Dash event. It is a very low impact
event with 75 -95 pet owners and dogs participating in a 5K fun run/walk around
Nottingham Lake. In addition, there will be a raffle, dog competitions such as a look -a-
like contest, etc. The route follows north around the lake to the recreation path along the
river, cuts through the Westin at the gondola and stops for refreshments, then heads west
along Riverfront Lane, crossing Benchmark Road at Lake Street and into the park from
the south east corner. Police Department and Public Works will be been notified upon
permit approval.
Event Needs: The support needed by staff is minimal. They have not requested fencing,
tents, charter bus service or police services through the application process. The Town
will provide trash cans with liners, trash removal, and make sure park has sufficient
"poop bags ". They will require a sound permit which is included. They will be installing
a 30 x 30 tent provided/installed by Alpine Tents. Public Works will mark sprinkler
heads. They will be bringing approximately 10 vendors some selling, some displaying.
We are collecting the proper licenses and forwarding to Finance Dept.
Recommendation: This is a one -of -a -kind event for the Town and even though the
economic impact is minimal (or non - existent), it does support our mission statement
"...bringing our community together..." and I would recommend moving forward with
the approval process.
TOWN OF AVON
PERMIT APPLICATION
FOR
OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM
EE: $25 FEE FOR PUBLIC NOTIFICATION COSTS.
*THIS APPLICATION MUST BE SUBMITTED NO LATER THAN 4 WEEKS PRIOR TO THE PROPOSED EVENT (S)
TO INSURE AMPLE PUBLIC NOTIFICATION AND TOWN COUNCIL SCHEDULING TIME. APPLICANT WILL
PRESENT TO COUNCIL AT A REGULARLY SCHEDULED PUBLIC COUNCIL MEETING.
DATE OF APPLICATION: 2-- -1 - 20 10
NAME OF APPLICANT gPxF
REPRESENTING BUSINESS ORGANIZATION Vl� T 1 F tR S
TELEPHONE NUMBER (r'fb () \1 10
ADDRESS OF PREMISE OR LOCATION WHERE SOUND IS TO BE PRODUCED
PURPOSE FOR OUTDOORS USE OF SOUND AMPLIFICATION SYSTEM F VerW- "V16 JVl Q Nti 4M
it it'MA, IQ emu—)
DATES AND TIMES OF PROPOSED USE :j: ✓ N e-- o+, 7_c> 3 k-, 8 '. 30 --$ `{ S qty-1, 1�, N DCfJ
*ATTACH DRAWING OF PROPERTY AND PREMISES SHOWING PROPOSED LOCATION OF SOUND AMPLIFICATION EQUIPMENT
AND DIRECTION OF SOUND PROJECTION.
-`7 -200
SIGNAAIRE OF APPLICANT DATE
MAILING ADDRESS OF APPLICANT
APP O D: AV
SPECIAL EVENTS SUPERVISOR DATE
TOWN CLERK
DATE
Please acknowledge that each page is satisfactory by initialing: _
TOA
Page 6
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TOWN OF AVON, COLORADO V O N
AVON WORK SESSION MEETING FOR TUESDAY, APRIL 27, 2010 e o 10 R . n
MEETING BEGINS AT 2 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
2:00 PM — 2:30 PM 1. EXECUTIVE SESSION
a. Developing strategy for negotiations and instructing negotiators pursuant
to Colorado Revised Statute §24- 6- 402(4)(d) and specifically related to
pending litigation and settlement discussions regarding Town of Avon v.
Traer Creek Metropolitan District, 2008 CV 0385
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
2:30 PM — 3:00 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES
a. ECO Transit Update (Ron Wolfe, Mayor)
b. Temporary Fee Reduction and Waiver Program for Zoning, Design
Review, and Building Permit Applications (Sally Vecchio, Assistant Town
Manager Community Development and Larry Brooks, Town Manager) Notice that
Reduction of the Community Development Fees reverts to original fee structure
c. 2010 Town of Avon Street Improvements (Justin Hildreth, Town Engineer)
2010 Projects update Memo Only
d. Financial Matters (Finance Department) Update on revenue collections, i.e.
sales tax, accommodations tax, building permit activity Memo Only
3:00 PM — 5:00 PM 4. AVON DEVELOPMENT CODE (Sally Vecchio, Assistant Town Manager Community
Development, Eric Heil, Town Attorney) Review several aspects of the development
code including Development and Design Standards
5:00PM 5. ADJOURNMENT
Avon Council Meeting.10.04.27
Page 1 of 4
MEMORANDUM
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio 54)
Date: April 22, 2010
Re: Temporary Fee Reduction and Waiver Program for Zoning, Design Review,
and Building Permit Applications.
Background
On July 28"', 2009 the Town Council approved a temporary fee reduction and waiver program for
certain development and building permit applications, as follows:
1. 100% of all Zoning fees
2. 100% of all Design Review fees
3. 100% of all Building Permit fees for interior remodels, replacement of exterior
stucco and /or siding, and roof covering repair and replacement
4. 10% for all other Building Permit fees
The fee waiver program was intended to jump start the local construction industry and related
businesses and initially ran from August 1, 2009 to February 12, 2010. In February, the Council
extended the fee waivers until May 12, 2010 and agreed not to adopt the bi- annual building permit
fee increase (approx 2 %).
Discussion
Since the fee waiver program was initiated in August 2009, the Community Development
Department has waived $56,726.67 in building and development fees (Table 1.1).
A comparison of fees collected in 2009 between January and August and fees collected in 2010
between Jan and April indicates that Building Permit and Plan Check Fees in the first four months of
2010 have already exceeded the fees collected in those categories in the first 9 months in 2009.
This is not the result of increased construction activity. The higher fees in 2010 are due to one $30K
building permit for a new home in Mountain Star and one home addition building permit also in
Mountain Star. Table 1.3 indicates that construction activity in 2009 and 2010 remains substantially
below 2008 activity.
Revenue from building and development fees in 2009 was $113,077.95. We are expecting
construction activity to remain the same in 2010.
Town Manager Comments
mi
Building Permit and Development Application Revenues
January 1- April 20 2010
Table 1.1
Building Permit Revenue By Type
Jan — Dec 2009
Table 1.2a
Building Addition/Remodel
Revenues
Waived
Revenues
Revenues
$1,430.00
Received
Revenues
Received
Waived
Fees/Revenue
$3,669,614.00
New Residential Permits Issued
15
4
1
Jan -Aug 2009
Aug -Dec 2009
Jan — April 2010
Jan. — Apri12010
Contractor License Fees
$5,205.00
0
0
0
Building Permit Fees
$43,097.62
$25,849.37
$45,482.58
$15,403.63
Plan Check Fees
$12,609.79
0
$31,132.84
$1,434.00
Subdivision Review
$4,627.50
$877.50
$2,160.00
0
Fees
Design Review Fees
$12,925.00
$7,886.17
0
$5,275.00
TOTALS
$78,464.91
$34,613.04
$47,642.58
$22,112.63
Building Permit Revenue By Type
Jan — Dec 2009
Table 1.2a
Building Addition/Remodel
$25,803.00
New Building
$14,418.00
Mechanical
$1,430.00
Plumbing
$600.00
Building Permit Revenue By Type
January 1 —April 20, 2010
Table 1.21%
Building AdditionlRemodel
$11,690.89
New Building
$32,783.63
Mechanical
$933.06
Plumbing
$75.00
Building Permit Valuations
2008-2010
Table 1.3
Permit Valuations
2008
2009
Jan. — April
2010
New Commercial Construction Valuation
$2,525,749.00
$0
$0
New Residential Construction Valuation
$11,165,780.00
$3,521,000.00
$3,669,614.00
New Residential Permits Issued
15
4
1
TOTAL PERMITS ISSUED
143
60
1
2
Memo
Summary: This memorandum is to provide Town Council with an update on the street improvement
projects that will be completed in 2010.
The Street Improvements projects that will be completed and their descriptions are:
Section 1- Town Hall West Parking and Police Parking - Mill and prepare asphalt surface for 2-
inch asphalt overlay matching existing concrete curb and gutter surfaces, replacement of
concrete sidewalk, and installation of ADA curb ramps. Selected areas of existing asphalt
pavement will be removed, the subgrade over - excavated and backfilled with appropriate
material, and patched back w /asphalt prior to 2 -inch asphalt overlay. Parking areas will be striped
to match existing conditions
Section 2 - East Benchmark Crosswalk — Remove and replace two concrete crosswalks and their
interlocking pavers, and remove and replace four existing concrete curb ramps and associated
concrete curb and gutter. Selected adjacent areas of existing asphalt pavement will be removed,
the subgrade over - excavated and backfilled with appropriate material, and patched back
w /asphalt. Staff will work with local businesses to mitigate traffic impacts.
Section 3 — Bridge Deck Resurfacing for Buck Creek Road and West Beaver Creek Boulevard -
The concrete deck will be sandblasted and cleaned, and a new textured polymer surface will be
applied.
Section 4 — Nottingham Road Guardrail Replacement — Remove and replace guardrail on
Nottingham Road.
Discussion: Sections 1 and 2 will be funded from the 2010 Street Improvements project. The award
of the contract to complete Sections 1 and 2 is on tonight's Regular Town Council Meeting agenda.
These sections were selected for the 2010 project due to their poor condition.
Section 3 will be self performed by the Town of Avon Public Works Department. Self performance of
the work by town employees will save a significant amount in labor costs. Resurfacing materials were
purchased with funds remaining from the 2009 Street Improvements project. Section 4 will be
completed by Cruz Construction and is funded by monies carried forward from the 2009 Street
Improvements project.
rr�als
To:
Honorable Mayor and Town Council
ThRC
Larry Brooks, Town Manager
Approved by:
Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev.
From:
Justin Hildreth P.E., Town Engineer'
►y-
Shane Pegram P.E., Engineer II
Date:
April 9, 2010
Re:
2010 Street Improvements — Project Update (Memo Only)
Summary: This memorandum is to provide Town Council with an update on the street improvement
projects that will be completed in 2010.
The Street Improvements projects that will be completed and their descriptions are:
Section 1- Town Hall West Parking and Police Parking - Mill and prepare asphalt surface for 2-
inch asphalt overlay matching existing concrete curb and gutter surfaces, replacement of
concrete sidewalk, and installation of ADA curb ramps. Selected areas of existing asphalt
pavement will be removed, the subgrade over - excavated and backfilled with appropriate
material, and patched back w /asphalt prior to 2 -inch asphalt overlay. Parking areas will be striped
to match existing conditions
Section 2 - East Benchmark Crosswalk — Remove and replace two concrete crosswalks and their
interlocking pavers, and remove and replace four existing concrete curb ramps and associated
concrete curb and gutter. Selected adjacent areas of existing asphalt pavement will be removed,
the subgrade over - excavated and backfilled with appropriate material, and patched back
w /asphalt. Staff will work with local businesses to mitigate traffic impacts.
Section 3 — Bridge Deck Resurfacing for Buck Creek Road and West Beaver Creek Boulevard -
The concrete deck will be sandblasted and cleaned, and a new textured polymer surface will be
applied.
Section 4 — Nottingham Road Guardrail Replacement — Remove and replace guardrail on
Nottingham Road.
Discussion: Sections 1 and 2 will be funded from the 2010 Street Improvements project. The award
of the contract to complete Sections 1 and 2 is on tonight's Regular Town Council Meeting agenda.
These sections were selected for the 2010 project due to their poor condition.
Section 3 will be self performed by the Town of Avon Public Works Department. Self performance of
the work by town employees will save a significant amount in labor costs. Resurfacing materials were
purchased with funds remaining from the 2009 Street Improvements project. Section 4 will be
completed by Cruz Construction and is funded by monies carried forward from the 2009 Street
Improvements project.
2010 Street Improvements Update
April 9, 2010
Page 2 of 2
The following is a tentative schedule for completion of these projects:
Section 1 and 2 —Town Hall Parking and East Benchmark
Section 3 — Bridge Deck Resurfacing
Section 4 — Nottingham Road Guardrail
May 17, 2010 —June 4, 2010
June 14, 2010 —June 18, 2010
May 3, 2010 — May 12, 2010
Town Manager Comments:
�' ��i 4/`�. ✓�� �% %� _ ,.''�`y�:l/ -� A � /CAL / /�� ��
FINANCIAL MATTERS
April 27, 2010
1. YTD Building Revenue Report Actual vs Budget - March
2. Detail - Real Estate Transfer Taxes - March
3. Accomodations Tax Worksheet Actual vs Budget - February
4. Sales Tax Worksheet Actual vs Budget - February
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Town of Avon
Real Estae Transfer Tax
Calendar Year 2010
Purchaser Name Property Amount Received Riverfront PUD
Feb -10
Sundial Associates
Christie Lodge Timeshare
Land Title Guarantee
Falcon Pointe 204 -13
Land Title Guarantee
Falcon Pointe 208 -24
Quality Timeshare
Falcon Pointe 212-6
Land Title Guarantee
Falcon Pointe 313 -3
Land Title Guarantee
Falcon Pointe 313 -5
Title Company Rockies
Mtn. Vista 09 -10
Title Company Rockies
Mtn. Vista 10 -10
Title Company Rockies
Mtn. Vista 11 -10
Title Company Rockies
Mtn. Vista 13 -10
Title Company Rockies
Mtn. Vista 112 -10
Michael Manfred
Avon Lake Villas L-4
VIP /Beaver Creek LLC
Canyon Run D -201 & E
Bette E. Todd
Canyon Run E -202
Reed, Elizabeth, Joan, Hanlon
Mtn. Villa Townhomes B
Anthony & Estelle Ressler
2245 Old Trail Road B
Dando & Sheryl Dando
3070 Wildridge Rd C
Work Family U.S. Real Property Trust
Lot 35 Bik 4 WR
Ticor Title Ins
Riverfront 09 -10
Ticor Title Ins
Riverfront 10 -10
Ticor Title Ins
Riverfront 11 -10
Ticor Title Ins
Riverfront 12 -10
Kathryn L. Leininger
Riverfront 149
Janet St. Amand
Riverfront 203
Ryan Herman
Riverfront 228
Scott Herman
Riverfront 237
Denny & Jennifer Fish
Riverfront 300
John's & Rhoda Phillips
Riverfront 306
JSH Investments CO LLC
Riverfront 321
MH Westion CO LLC
Riverfront 326
Thomas J. Hyland
Riverfront 328
Pablo & Luz Maria Cabrera
Riverfront 333
Gavin Smith
Riverfront 337
Riverfront Village Hotel LLC
Riverfront 347
JWT INC. Retirement Trust
Riverfront 421
John & Lisiie Glenn
Riverfront 429
Joely Nelson
Riverfront 441
East West Resorts LLC
Riverfront 449
Rhett & Amy Quist
Riverfront 514
Deborah Drachman
Riverfront 612
JSH Investments CO LLC
Riverfront 622
Total March Revenue
Total YTD Revenue
Total 2010 Budget
The Gates at
Beaver Creek
84,891.02 $ 514,961.20 $ -
116.00
40.00
16.00
50.00
110.00
130.00
1,235.90
2,029.00
1,236.95
1,631.00
796.00
5,800.00
10,600.00
12,500.00
6,800.00
5,100.00
10,400.00
12,000.00
5584.90
11472.20
4275.80
17654.90
14640.00
11940.00
4420.00
4290.00
15060.00
22440.00
16140.00
5395.00
4550.00
4550.00
4420.00
6565.00
16440.00
5135.00
5525.00
15540.00
5785.00
5915.00
5915.00
70,590.85 213,652.80
155,481.87 728,614.00
1,000,000.00 1,091,798.00
Variance, Favorable (Unfavorable; $ (844,518.13) $ (363,184.00) $
0)
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MEMORANDUM
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Asst Town Mgr
Date: April 22, 2010
Re: Land Development Code Work Session - Topic 2 Development Standards
Background
As proposed, the Land Development Code includes seven new Development Standards which
establish minimum requirements for design and development in the Town. The standards
included requirements for Parking, Loading and Access, Mobility and Connectivity,
Landscaping, Screening, Walls and Fences, Design, Natural Resource Protection and
Sustainability. The Development Standards apply to all new development in all zone districts.
The Development Standards can be found in the Part 2 of the draft Code, pgs 4 - 66 and pgs
110-115.
To encourage creative and unique design an "Alternative Equivalent Compliance" process has
also been included in the Code, which allows a developer to propose an alternative design that
does not strictly adhere to the standards.
This memorandum provides a summary of the Development Standards and the Alternative
Equivalent Compliance process. Areas highlighted in RED indicate issues that require policy
direction from the Council and PZC.
Code Diagnosis
Currently, the Town's zoning ordinance has limited baseline development standards with
mandatory applicability. The Town has addressed many basic provisions found in almost all
modern zoning codes, such as site layout, fencing requirements, and landscaping, but only in
the non - binding Design Guidelines. In practice this has resulted in a somewhat uneven
application of standards and limited enforcement ability when projects deviate from the
guidelines.
In addition, the Avon Comprehensive Plan identifies a range of topics and issues of importance
to the town that are not addressed in the existing code or guidelines, including sustainability
related concerns such as erosion and steep slope stability, water quality and energy efficiency.
During the diagnosis process Avon stakeholders expressed desire for a more robust set of
standards along with sufficient room for flexibility and creativity in the development proposals.
Proposed Development Standards
1. Parking, Loading and Access
• The off - street parking requirements have not changed, however, there the maximum
number of parking spaces permitted on a commercial or industrial site is limited to no
more than 125% of the required parking.
• A reduction in parking space size for compact cars has been eliminated, as well as a
15% reduction for single use projects such as a big -box or grocery store.
• Vehicle staking requirements for drive - through facilities such as restaurants and banks
has been added.
• Driveways design for lots with slopes greater than 30% has been added to ensure that
driveways follow natural contour lines and result in minimum disturbance to the site.
• Shared parking requirements and the payment -in -lieu program are still contained in the
Code, although as discussed in earlier work sessions, the payment in lieu program
requirements will need to be adjusted to ensure that the program produces the desired
results.
• Bike facility requirements have been added to encourage bike travel throughout the
Town.
• Design and maintenance requirements have been added and snow storage and removal
requirements have been consolidated into this section of the Code.
2. Mobility and Connectivity
This is a new development standard intended to support alternative transportation modes and
improve pedestrian connectivity consistent with the Comprehensive Transportation Plan.
Standards include:
• Minimum sidewalk requirements (design and location).
• Bicycle and pedestrian connection requirements to parks, transit, and shopping areas for
new residential subdivisions.
• Requirements for weather protecting pedestrian areas; and
• Connectivity requirements to public right -of -way.
3. Landscape, Screening, Walls and Fences
• Landscape standards have been added which require new developments to include
specific quantities of planted landscape materials, including parking lot landscaping
(interior and perimeter). The preferred landscape material list has not changed and
continues to include drought - tolerate materials.
• Screening standards are also new to the Code and require certain site features to be
screened from public view with landscaping, fences or walls. Site features which must
be screened include mechanical equipments, outdoor storage and loading areas and
dumpsters.
• Standards related to retaining walls and fences have been expanded to include height
limitations, material standards and compatibility requirements.
4. Design Standards
The design standards are intended to improve the appearance and function of new
development in the Town of Avon. The standards are based on the policies and
recommendations of the Comprehensive Plan and the East and West Town Center District
Investment Plans. The standards apply to residential, commercial and industrial development
and prescribe requirements for architecture, site design, building orientation, colors and
materials. The design standards are intended to replace the Residential, Commercial and
Industrial Design Guidelines. Key elements of the design standards include:
• Residential Districts Architectural design and placement standards are required for
single family, duplex, multi - family and townhome units. New buildings must be orient
2
onto the street, maintain or create enhanced streetscape and pedestrian qualities, and
reduce visual impact of parking lots, garages and storage areas.
Commercial Districts Architectural design and placement standards are required for
commercial and industrial structures. This includes special standards to ensure
compatibility between non - residential uses in or adjacent to residential uses or zones
and pedestrian amenities. The preferred architectural design reflects the
recommendations in the Town's district planning documents. Design techniques
addressed in the standards include building modulation, variation in roof pitch, recessed
and covered entries, porches, natural building materials and color schemes.
Do the design standards support the desired design and development patterns as articulated in
the Comprehensive Plan and the East and West Town Center Investment Plans?
5. Natural Resource Protection
New standards have been added to regulate development in locations where certain natural
resources or hazards exist. The regulations include standards for:
• Steep Slopes;
• Streams, Rivers, Water bodies and Wetlands;
• Erosion Prevention and Sediment Controls;
• Tree and Vegetation Preservation;
• Wildlife Habitat;
• Wildlife Areas;
• Geological Hazard Areas; and
• Alternative Energy System Standards (Solar, Wind)
6. Sustainability
New standards were added to promote sustainable development by establishing a minimum
sustainability index score for new development. All new development must meet or exceed the
minimum index score, which varies depending on the type development application submitted.
Under this provision new development applications would be required to include least four
different sustainable development features in the design of the project with a minimum point
score. Recommended sustainable development features are listed in Table 16.06 of the draft
Code (Part 2 pgs 111 -115), with corresponding index scores.
The Zoning Advisory Committee (ZAC) found that the concept of a sustainable index score was
desirable but the menu of sustainable design features included too many building code
requirements and therefore should not be considered during the zoning phase of development.
ZAC also noted that many of the features listed are already mandatory requirements for
construction in the Town and therefore should not be included in the menu of choices. Solar
orientation was identified as being the one sustainable design feature that should remain in the
zoning code. Staff agrees with ZAC comments and requests direction as to whether the index
score requirement should remain in the Code with a different menu of choices or should the
scoring provision be eliminate altogether?
7. Alternative Equivalent Compliance
Alternative Equivalent Compliance (AEC) allows a developer to propose an alternative design
solution that does not strictly adhere to certain Development Standards. It is not intended to
allow a waiver of the requirements. Rather, it permits a site - specific plan that is equal to or
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better than the strict application of the standards. The Development Standards eligible for
AEC are: 1) Mobility and Connectivity, 2) Landscaping, Screening, Walls and Fences, 3) Design
and 4) Sustainability.
AEC proposals are reviewed by the Planning Director and decided by PZC, except in the Town
Core where Town Council will have final approval of the application. Alternative compliance
may be approved only if the applicant demonstrates that the proposed alternative achieves the
intent of the standard in the same or better degree then the subject standard. Does the AEC
process provide sufficient flexibility to ensure that creative design proposals can be
accommodated within the framework of the standards?
Alternative Equivalent Compliance
Application Review Process
Minor
Major
Major
Development Plan
Development Plan
Development Plan
in Town Core
Director
Director
Director
Review
Review
Review
PZC
PZC
PZC
Decision
Decision
Recommendation
TC
Decision
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