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TC Council Packet 10-12-2010TOWN OF AVON, COLORADO N AVON AVON REGULAR MEETING FOR TUESDAY, OCTOBER 12, 2010 MEETING BEGINS AT 5:30 PM Y AO -o 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 INPUTAND 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. COMMUNITY & CITIZEN INPUT 5. STAFF UPDATES a. Tract J Eagle River, Old Bridge Pier Investigation Report (Shane Pegram, Project Engineer) Update Town Council on the condition of the old concrete bridge pier 6. CONSENT AGENDA b. Sherman & Howard Engagement Letter (Scott Wright, Asst. Town Manager Finance) Proposal for professional bond counsel services 7. REVIEW PLANNING & ZONING COMMISSION DECISION a. Master Sign Program ( "MSP ") Amendments within the West Town Center District Investment Plan Area specifically related to the Season's Building (Sally Vecchio, Asst. Town Manager Community Development) Review program as approved by the Planning & Zoning Commission 8. ORDINANCES a. Public Hearing on Ordinance No. 10 -17, Series of 2010, Second Reading, An Ordinance Authorizing the Execution of a Site Improvement Lease, a Lease Purchase Agreement, a Disclosure Certificate, an Escrow Agreement, a Preliminary Official Statement and Other Documents and Matters Relating to Certain Certificates (Scott Wright, Asst Town Manager Finance) Review documents used for issuance of bond proceeds from Certificates of Participation ( "COPS ") for refunding of outstanding COPS & issuance of additional proceeds to be used for capital improvements, including but not limited to the Swift Gulch Transit / Public Works Facility Project b. Public Hearing on Ordinance No. 10 -14, Series of 2010, First Reading, An Ordinance Amending the Avon Municipal Code by Enacting Title 7, The Avon Development Code; Repealing Title 16: Subdivisions; Repealing Title 17: Zoning; and Repealing Portions of Title 2: Administration and Personnel (Sally Vecchio, Asst Town Manager Community Development, Eric Heil, Town Attorney) Review proposed Development Code as adopted by the Planning & Zoning Commission Public Hearings held on July 27. 2010, August 10, 2010, August 17, 2010, August 24, 2010, August 31, 2010, September 28, 2010 Avon Council Meeting.10.10.12 Page 3 of 4 _04111111121M 71 TOWN OF AVON, COLORADO AVON REGULAR MEETING FOR TUESDAY, OCTOBER 12, 2010y o " " MEETING BEGINS AT 5:30 PM c o q (}rt A o o AVON TOWN HALL, ONE LAKE STREET 8. ORDINANCES -CONTINUED c. Public Hearing on Ordinance No. 10 -18, Series of 2010, Second Reading, An Ordinance Adopting Local Designation of Noxious Weeds (Jenny Strehler, Director PW &T) Review proposed ordinance that allows for 30 day public notice period as well as amends the list to include several weeds designated by the State of Colorado for control or eradication 9. RESOLUTIONS 10. TOWN MANAGER REPORT 11. TOWN ATTORNEY REPORT 12. MAYOR REPORT 13. ADJOURNMENT FUTURE COUNCIL AGENDA DATES & PROPOSED TOPICS: OCTOBER 26TH: Public Hearing & 2nd Reading on Ordinance No. 10 -14, Avon Development Code, Ordinance for Comcast Franchise Agreement NOVEMBER 9TH: Public Hearing on Budget NOVEMBER 23RD:Adopt 2011 Budget, Swear in Newly Elected Council Members, Reception for Outgoing Council Members Avon Council Meeting.10.10.12 Page 4 of 4 T� �01 rr� To: Honorable Mayor and Town Council t Thmc Larry Brooks, Town Manager Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. From: Justin Hildreth P.E., Town Engineer Shane Pegram P.E., Project Engineer Date: October 6, 2010 Re: Tract J Eagle River Bridge — Update Town Council on Condition of the Old Concrete Bridge Pier Summary: This memorandum is to provide Town Council with an update on the condition of the old concrete bridge pier located on Tract J in the Eagle River. Staff investigated the existing condition of the pier in response to information that was brought up during the last Town Council meeting. Background: The Engineering and Planning Department inspected the old Eagle River bridge pier that is located east of West Beaver Creek Boulevard in the river channel. The concrete pier was left standing in the Eagle River channel after demolition of the old bridge deck. The existing concrete pier was poured over a large boulder in the river and appears to be attached to the boulder with steel anchors. There are three anchors that protrude from the boulder approximately 6" (Exhibit A, Figure 1). There are several broken slabs of concrete along the river bank immediately adjacent to the old road bed (Exhibit A, Figure 2). The concrete Pier is approximately 20 ft. long by 14 ft. tall by 1.5 ft. wide. The pier is leaning down river (lengthwise) approximately 15 degrees from horizontal (Exhibit A, Figure 3). The pier is also leaning south (toward HWY 6) approximately 15 degrees from vertical (Exhibit A, Figure 4). Discussion: It appears that the record high water flows that the Eagle River experienced last spring shifted the large boulder. The concrete does not appear to be in immediate danger of toppling over. However, the river will continue to undercut the boulder, especially during spring run off. Staff can't estimate how far the pier can lean before toppling over because of how the pier is constructed on the boulder. The immediate danger is the steel anchors that protrude from the boulder. These should be cut flush with the boulder surface to avoid contact with boaters when the water reaches a high enough level for boating. Engineering and Public Works have discussed cutting the bolts off, but Public Works does not have the equipment or the resources to access the boulder within the channel and complete the work. Staff has requested a quote from a local contractor for cutting the bolts at this time. Staff has also requested a quote for demo and removal of the concrete pier for future budgeting purposes. Tract J Eagle River Bridge Pier October 6, 2010 Page 2 of 2 Town Manager Comments: t7 Attachment: Exhibit A — Figures 1- 4 1*AI :3 Figure Figure Fizure 4 Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Ass't Town Manager /Comm. Dev. Date: October 6, 2010 Re: Re- review of the Seasons at Avon Master Sign Plan SUMMARY As part of the renovation work on the Seasons at Avon building located at 137 Benchmark Rd (the Property), the owners of the commercial portion of the Property have requested an amendment to the Property's Master Sign Program (MSP), which was approved in 1994. The Planning and Zoning Commission approved the amended MSP on Sept 7, 2010 and corrected their motion on Sept 21, 2010. The PZC staff report, meeting minutes, and approved motions are attached as Exhibit A. Per the Council's request to be copied on all land development decisions in the Town Core, staff forwarded the sign application and PZC decision to the Town Council on Sept. 28, 2010 as part of the monthly update practice requested by the Town Manager. The Council reviewed the materials and agreed to re- review the PZC decision pursuant to Sec. 2.16.160 of the AMC, Appeal to Town Council. PROCESS Al Master Sign Programs, as well as amendments, require review and approval by the Planning and Zoning Commission. AMC Sec 2.16.160, Appeal to Town Council, provides a process for appealing a decision by the Planning and Zoning Commission to the Town Council. In accordance with this process, Council reviewed the materials related to the application and the PZC decision on Sept. 28, 2010, and agreed to call up the PZC decision for a new hearing on October 12, 2010. The Council may overturn the PZC decision, uphold it, revise the conditions of approval, or send the application back to the PZC for further consideration. This is a "de novo" hearing before the Council, meaning that the Council will treat it as a new hearing on the matter and all issues relating to the application can be raised. BACKGROUND The Seasons at Avon is a mixed -use building consisting of 69,000 sq ft of commercial space and 104 residential units, with related parking. Permitted commercial uses include office, retail, restaurant, and personal services. The Property has two major street frontages; one along Benchmark Rd. on the south side of the building and the other along the future planned Main St. on the north side of the building. The Avon fire station and library are located along the west side of the building, and Lettuce Shed Lane runs along the east side of the building. Lot 61 is located along the other side of Lettuce Shed Lane and is currently undeveloped, but planned for a mixed -use development with a transit center station. The Property's original MSP (Exhibit B) was approved in 1994 when the main level of the building was almost entirely occupied by a single tenant (Vail Associates). The approved signs included: one (1) canopy sign (south side); four (4) tower signs (Spring, Summer, Winter, Fall), 6 (six) service signs, (1) building identification sign (north side), one (1) double -faced monument sign at the east driveway entrance along Benchmark Rd, and up to eight (8) tenant signs for the first floor, north facing tenants. The proposed amendment to the Seasons MSP (Exhibit C) includes: 32 tenant signs, 11 building identification and service signs, and 2 monument signs along Benchmark Rd. The PZC approved the amended MSP on Sept 7, 2010 and corrected the motion on Sept 21, 2010. POLICY ANALYSIS The Property is located within the West Town Center District and subject to the development guidelines included in the West Town Center Investment Plan (the Plan). The Plan provides an overall development vision for the district and includes guidelines for streets and public spaces, public signage, and general building design including General Sign Requirements (Ell 1), Prohibited Signs (E 11) and Allowable Sign Types (E 12). These Guideline excerpts from the Plan are attached as Exhibit C. DESIGN REVIEW The proposed MSP includes a Sion Placement Plan for Building Identification Signs, which shows the locations of the building identification and ground- mounted monument signs, and a Sign Placement Plan for Tenant Signs. Each sign is designated by a letter and number, which is shown at its proposed location on each of the location maps. The MSP also includes photographic images of each sign type as it would appear on the building, along with the lettering and lighting details for each sign type. Building Identification Signs There are 11 proposed building identification and directional signs to be located on the Property as follows: • 2 building identification signs and an address sign at the port- corchere along Benchmark Rd. (Al, A2 and B) • 2 directional signs at each loading dock (D1 and 2) • 2 building identification signs (E1 and E2) • 2 building identification signs on the East and West Towers (F1 and F2)) • building identification sign at the building entrance on Main St (G) • 2 directional signs at each parking garage entrance (H1 and H2) The building identification and directional signs use reverse pan channel lettering with internal LED illumination. The building service signs (D1, D2) are reverse pan channel letters, with no illumination. The building identification lettering is painted dark green and olive. The building service lettering is painted semi -gloss black. The building identification signs located at: Al, A2, B, D1, D2, F1, F2, H1 and H2 on the Sign Placement Plan, are consistent with the locations of the previously approved building identification signs. The four season signs (Spring, Summer, Fall, Winter) are remaining. The building identification signs located on the east and west garage walls (E1, E2), and at the main building entrance along Main St (G1) are additional signs. The General Sign Requirements (E.10) include a Priority Guideline which requires all signs to be externally illuminated. Staff believes that external illumination is defined as light coming from an indirect light source, as depicted on pages 62 and 63 of the Plan. This type of external illumination requirement is typically reserved for street level, storefronts along designated pedestrian corridors such as Main St. Accordingly, Staff believes that building identification signs and signs should not be required to provide external illumination (as depicted in the Plan) unless that type of fixture is the most compatible with the architectural style of the building. In this case, the proposed building identification signs have a contemporary design style, with a color scheme and lighting technique that complement the building architecture and new color scheme. Staff also found that the proposed internal lighting feature was appropriate for the building identification signs, where a more subdued lighting effect is desired. Given the size of the building and the number of signs requested; staff found that the building identification and service signs are easy to read and installed in visible and effective locations, with the following exceptions: 1. The illumination of the building identification sign located on the upper portion of the east elevation (E2) could have a negative impact on a future building on Lot 61. Furthermore, any sign on the east elevation should be designed for pedestrian travel along Lettuce Shed Lane. Staff therefore recommends that this sign be either removed or lowered. In addition, the applicant should consider treating the blank walls with murals, color, or some other treatment to add visual interest to the adjacent common spaces. 2. The location of the west elevation sign (E -1) does not promote the pedestrian nature of the West Town Center District. Staff recommends that this sign be installed lower on the building elevation and the overall size of the sign area and individual letters be reduced. In addition, the applicant should consider treating the blank walls on this elevation with murals, color, or some other treatment to add visual interest to the adjacent common spaces. PZC DECISION: The PZC agreed with the staff findings concerning the design, size, lighting and location of the building identification signs, including the elimination of the two Tower Signs (E 1 and E 2), noting that there is sufficient signage on the north and south sides of building and not a need for these additional signs. Tenant Signs The applicant is requesting up to 32 tenant signs to be located around the entire building, including 3 second story signs above Main St (see Tenant Sign Placement Map). Like the building identification signs, the tenant signs will use reverse pan letters with internal LED illumination. The sign area is located in the parapet wall above the tenant windows. The sign area is limited to 2 ft. 6 in. tall and 11 ft wide. As previously discussed, Priority Design Guideline E -10 requires signs to be externally illuminated. In addition, the Plan encourages "imaginative sign layouts" which "display the tenant's unique design (logo) and create a unified design with the tenant's storefront display:" (Allowable Sign Types (E12). Examples of preferred sign designs are found on pgs 62 -66 of the Plan. Staff found that both guidelines are specifically intended for ground -level storefronts along Main St. In this case, the proposed tenant signs are using reverse pan channel letters with internal low level white light that creates a soft halo effect around the outside of the letters. Staff found that the channel letters did not allow a tenant to express its unique identity and imagination, and that the lighting was too subdued to be used along Main St., where the vision is to create a vibrant pedestrian corridor and activity area. Staff therefore found the proposed tenant signs to be inconsistent with the Plan's General Sign Reguirements (E.10). and recommended that the tenant signs be modified to include exterior illumination and a more imaginative sign layout. In addition, staff questioned the suitability of permitting signs for three (3) second -story tenant spaces along Main St. Given the significant increase in the number of tenant signs requested, staff recommended that the second story signs not be permitted. PZC DECISION: The PZC agreed that the West Town Center Guidelines encouraged creative tenant signage and felt that the application did not express enough creativity. PZC also agreed that the tenant signs must be lit (the applicant had requested a non -lit option). PZC disagreed with the staff interpretation of the exterior illumination requirement, however, and instead found that the proposed reverse pan channel lettering with interior LED illumination was consistent with the guidelines. PZC disagreed with staff s finding that the second story tenant signs were unnecessary, but did limit a tenant occupying both a first and second story suite to one sign, and all second -story tenant signs must be located on the second -story parapet. Monument Signs Two double -sided monument signs are proposed at each driveway entrance to the port- corchere on Benchmark Road (Signs 1 -1 and 1 -2). • The western monument sign (1 -1) measures 6 ft high and 3 ft wide. The sign cabinet is14" deep and mounted on a stone base. The project name is mounted on the top of the sign with 4 individual tenant panels below. Signs will be constructed of push- through back -lit letters painted the same two shades of green that the building identification signs use. • The eastern monument sign (1 -2) measures 5 ft high and 10 ft wide. The sign cabinet is16" deep and mounted on a stone base. The project name is mounted on the top of the sign with 4 individual tenant panels below. Signs will be constructed of push- through back -lit letters painted the same two shades of green that the building identification signs use. There is currently one monument sign at the eastern driveway entrance to the port corchere, which measures 10 sq ft, and only includes the building address on the sign panel. The Benchmark Rd. entrance is located along an auto - oriented one -way driveway with the entrance ramp on east side and the exit ramp on the west side of the port- corchere. A monument sign located at the driveway entrance will help visitors identify the entrance. The monument sign at the driveway exit ramp seems unnecessary and possibility confusing to visitors, given that it is located at the exit ramp of the driveway. In addition, signs must be setback at least ten (10) feet from all property lines (Secl5.28.080(15)Setback Limitation). The eastern monument sign (1 -2) appears to be too wide to meet this setback requirement. Given the above, staff recommended: 1) eliminate the western monument sign, and 2) resized the eastern monument to accommodate the setback requirements. PZC DECISION: The PZC disagreed with staff recommendations concerning the size and location of the two monument signs along Benchmark, and approved both monument signs as proposed, provided that they meet the 10 ft setback requirement. Review Criteria In addition to the West Town Center Investment Plan Sign Guidelines, the application was reviewed pursuant to the following criteria (Sec 15.28.070 AMC): 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon it is to be located. 2. The nature of adjacent and neighboring improvements. 3. The quality of the materials to be utilized in any proposed improvement. 4. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property. 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired. 6. Whether the type, height, size, and /or quality of signs generally complies with the Sign Code, Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. Conclusion After completing its review of the PZC decision, in light of the application materials and other documents, the Council may overturn the PZC decision, uphold it, revise the conditions of approval, or send the application back to the PZC for further consideration. TOWN MANAGER COMMENTS: Exhibit A Staff Report — Master Sign Program Amendment f7l V U September 7, 2010 Planning & Zoning Commission meeting Report Date September 1, 2010 Legal Description Lot 62/63, Block 2, Benchmark at Beaver Creek Subdivision Zoning Town Center (TC) Address 137 Benchmark Road Prepared By Jared Barnes, Planner I Summary of Request Matt Trasen (the Applicant), representing the commercial interest of the Seasons at Avon located at 137 Benchmark Road (the Property) has requested an amendment to the Master Sign Program (MSP) for the Property. The proposed MSP, dated August 23, 2010 is attached as Exhibit B. Process All new MSPs as well as amendments to existing MSPs require review and approval by the Planning and Zoning Commission. The original MSP was approved in 1994 and is all but obsolete given the current tenant mix in the building. In 1994, Vail Associates was the primary tenant in the building (occupying nearly half of the first floor tenant space). Vail Associates has since left, and the building has been converted to allow for a greater number of first floor tenants. The 1994 MSP (Exhibit C) sign program included building identification and directional signage, as well as tenant signs for up to eight (8) first floor north facing tenants. As a condition of the PZC's approval of the exterior remodel of the Property, the Applicant was required to submit a MSP Amendment application for a new sign program. This application satisfactorily addresses this condition. Property Description The Property is 3.25 acres with Benchmark Road frontage on the south and west sides of the building, the future planned Main Street on the north side, and the pedestrian focused Lettuce Shed Lane on the east side. The exterior 'facelift' of the building is nearly complete, which included an entire repaint, aesthetic treatments to the port - cochere, and other treatments predominately on the south building elevation. The improvements range from new paint to new materials, including the introduction of a stone base element. Landscaping alterations are also underway, as is some of the final upper level painting. There are a mix of uses currently in the building including general office uses, restaurants, a preschool, and 104 dwelling units on the upper levels. Policy Analysis The Property is located within the West Town Center Investment Plan Area, which promotes buildings that address and engage the future Main Street, which runs along the north side of the Property. The Property includes a number of new ground level retail spaces with tenant signs oriented to Main Street, which is consistent with this goal. The West Town Center Plan also includes Design Guidelines that are intended to create a pedestrian - oriented and community enhancing, visually cohesive and economical viable district. The Design Guidelines include standards for private signs (E.10), which encourage creative sign designs that enhance the building appearing and aide in way- finding. The proposed sign materials, fabrication and colors are consistent with these Design Guidelines. The Guidelines also require that all signs be externally illuminated with the lighting components bearing a U.L. label. The MSP amendment proposes internally illuminated signage with the exception of the tower identification signs (F1 and F2) and main entry identification sign (G1). Planning Analysis The proposed MSP includes mounted and site signage for the entire Property. A Sign Placement Plan, which shows the locations of the building identification and ground- mounted monument signs, is located on page 1 and a Sign Placement Plan for Tenant Signs is located on page 2 of the MSP. The Building Identification Signs and Tenant Signs will have reverse pan channel lettering with internal LED illumination. Building service signs are not illuminated. All Building identification letters are to be painted dark green and olive. All Building Service signs are painted semi -gloss black. The color and design of Tenant Signs will be tenant preference. The proposed location of the Building Identification Signs is consistent with what currently exists, except for Building identification signs E1, E2, G1, and 11. The proposed quantity and location of Tenant Signs has increase significantly from the existing sign plan due to the conversion of the Vail Resorts office space into smaller office and retail spaces. Two double -sided monument signs are proposed at each driveway entrance to the port- cochere on Benchmark Road. The monument sign adjacent to the western most driveway is 6 ft high and 3 ft wide, with a stone base (11). Push through back lit letters with up to 4 tenant panels is proposed. The monument sign adjacent to the eastern most driveway is 5 ft high and 10 ft wide, with a stone base (12). Push through back lit lettering with up to 4 tenant panels is proposed. The site access off of Benchmark Road is one -way from the east to west. The western monument sign is located at the exit ramp of the port cochere driveway and therefore serves no direct purpose in assisting traffic into the building. The eastern monument sign is located at the driveway entrance to the building and would therefore be better suited for a monument sign. In addition, the Sign Code requires all signs to be a minimum often (10) feet from all properties lines. The eastern monument sign is too large for the propose site and does not appear to meet this setback requirement. Staff recommends that the Applicant remove the western monument sign and modify the eastern monument sign to reduce the size. The Applicant will also need to provide sufficient documentation to ensure that the sign is at a minimum ten (10) feet from all property lines. According to the Town of Avon Sign Code, Section 15.28.070, the Planning & Zoning Commission shall consider the following criteria in reviewing this design application: 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon it is to be located. Staff Response: The materials are of high quality and appropriate for the site and the building. 2. The nature of adjacent and neighboring improvements. Staff Response: There are several existing and planned public improvements in the vicinity of the Property, as well as a number of locations where the proposed signs can be viewed. The majority of the signs in the surrounding area are either internally lit box signs such as at the Avon Center, or internally lit pan channel letter signs at Avon Town Square and the Slifer, Smith, and Frampton building to the east. The proposed MSP is consistent with the quality of the surrounding and planned improvements, but does not comply with the West Town Center Investment Plan requirement that signs be externally lit. 3. The quality of the materials to be utilized in any proposed improvement. Staff Response: The materials to be utilized are of high quality and appropriate for their application. 4. The visual impact of any proposed improvement, as viewed from any adjacent or neighboring property. Staff Response: When the Main Street improvements are constructed the entire north side of the building will be highly visible from the pedestrian mall and adjacent buildings. The Tenant Signs are proposed to be intemally lit, and the Applicant is also requesting a non -lit option. The West Town Center Plan, General Sign Requirements (E.10), requires all building signs in the District to be externally illuminated, and that signs remain illuminated during shopping /business hours. In addition, the large Building Identification signage on upper portion of the east elevation (E2) could have a negative impact on a future building on Lot 61 (located directly to the east of the Property). Staff recommends that this sign be removed or lowered. 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired. Staff Response: Monetary and aesthetic values of other signs in the vicinity will not be impaired by the proposed MSP. 6. Whether the type, height, size, and /or quality of signs generally complies with the Sign Code, and are appropriate for the project. Staff Response: The type, height, size, and quality of signs are generally in compliance with the Sign Code; however, some discrepancies do exist. The addition of tenant signage on the two monument signs is redundant with the proposed tenant signage (C1 -C32), which is highly visible and does not necessitate additional signage at the vehicular entrance and exits of the building. The purpose of a building identification sign is to introduce the building and not individual building tenants. Furthermore, staff is concerned with the location of the monument signs, which need to be at least ten feet from the property line. As stated above the location, type and size of the Building Identification signs located on the east elevation could have a negative impact on future buildings. In addition this sign and the west elevation sign do not promote the pedestrian nature of the West Town Center District. Specifically the east elevation signage should be designed for pedestrian travel along Lettuce Shed Lane. Staff recommends that these signs be both reduced in height on the building and overall size of the sign area and individual letters. In addition, the applicant should consider treating the blank walls on these elevations with murals, color, or some other treatment to add visual interest to the adjacent common spaces. Although the Design Guidelines require externally lighting on signs, staff believes that the requirement was intended for retail and commercial signs visible from the public right -of -way and common areas. The Building Identification signs located on the port- cochere (Al and A2) as well as the ones located on the east and west elevations (E1 and E2) could be permitted to have internal illumination, because they are not visible and are not intended to address the retail element or pedestrian nature of Main Street. The signage for the three second -level tenant spaces is unsuitable for this application. Given the significant increase in the number of tenant signs requested and the additional building identification signs, the second story signs will add clutter to the building facade and distract from the streetscape. Staff therefore recommends that the second story signs not be permitted. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. Staff Response: The monument signs and a majority of the building identification signs are oriented to vehicular traffic, while the tenant signs are orientated to both pedestrian and vehicular traffic. Recommendation Staff recommends CONDITIONAL APPROVAL of the Master Sign Program Amendment application for Lot 62/63, Block 2, Benchmark at Beaver Creek Subdivision, subject to the criteria and corresponding findings listed in this report, and with the conditions included in the recommended motion below. Recommended Motion "I move to approve this Master Sign Program Amendment application Lot 62163, Block 2, Benchmark at Beaver Creek Subdivision, with the following conditions: 1. The western monument sign (I1) be removed from the MSP; 2. No individual tenant signage is permitted on the eastern monument sign (12). It must be demonstrated that this sign is setback at least ten (10) feet from the all property lines prior to permit. Correspondingly, the size of these signs shall be reduced to one that is no larger than the proposed western monument sign (11); 3. All first floor tenant signs be modified to remove the non -lit option as well as modify the signage specifications to require external illumination; 4. The second level tenant signs (C13, C30, and C32) must be removed as options, and 5. Reduce the size of the building identification signs on the east and west elevations and lower the height to better address the pedestrian nature of these areas. and subject to the FINDING that the MSP is in conformance with the Sign Code (Chapter 15.28 of the AMC), if the listed conditions are met." Exhibits A: Vicinity Map B: Photographs of the Property (specifically the monument sign location) C: Proposed MSP, dated August 23, 2010 D: Existing MSP, dated August, 1994 ) JI 1 1 ! _ Residential Streets ••Kip . .•.., � �'��•,` � y� f "*lam f Si �r �.. �- ' . I { ^" ��' 4 1 i U �f •, "a it ' �•; �� t��_ ` �.y 4 • jar �rdf •�' � r p ^,. � a Ir m �'�'mt(r �II,y r. , {. i S! P� �rS.�J� =•. � :sr sd� r •`•� ��,t�, '�r•,; .s r Property Boundaries I -ff. i� Exhibit.,- DATE: August 12, 1994 Exhibit B TO: Mary Holden. Town of Avon ' :4 Gle' -J` FROM: Larry Ast , � . RE: Seasons at von ....................................................................................................................................:......... ........................:...... $quare footage for each sign area: Item #1: Canopy 24" text is 25" h x,203" long = 35.24 square feet with wide spacing bppv ben letters ; Item #2: Four towers at 18" high text Straight line Curved line SUMMER 189 x 19 s 24,9 SF 183 x 52 — 66.1 SF FALL '. 105 x 19 r 13.8 110x29-22.1 WINTER . . . 180 x 19 -23.7 173 x 45 = 54.1 SPRING 165 x 19 =21.8 16S x 42 = 48.1 Item 0: Parking entry PARKING ENTRY.... 148 X 12 — 12.3 SF SYMBOLS & Vat ONLY 142 X 12 =11.8 SHOPS, OFRCE$ & CONDOMINIUMS 199 X 10 =13.8 CLEARANCE 8' 0 "(COPY ONLY) 57 X 3 - 1.2 Item #4: North atrium Seasons 25" x 203" — 35.2 SF HIGHTECHSIGNS P.O. Box 2688 Production Center Aspen & Vail, CO 81658 910 Nottingham Road Glemvood Sprgs. 303.949.4565 Suite S.2 303.945.6695 FAX: 949.4670 Avon, CO 91620 Item #5: Monument sign- iwo sides with copy Logo approximately 22" x 8" =1.2 SF Registration , 2" x 20" _ .3 Vail Associates Corporate Office 22" x 5" = .S Short Term Parking 17" x5"- .6 Long Term Parking : c ` � 16" x 5" = .6 total 3.50 per side Overall size of anodized panels 30" x 48 "- 10,0 SF per side Please call with question's. " BUILDING IDENTIFICATION SIGNAGE PROGRAM SEASONS AT AVON AVON, COLORADO AUGUST , 1994 Item # 1: ,Canopy - Exhibit # 1 "SEASONS" 1 to 3 sets of cast metal text ?4 ".high. Gold painted aluminum, prismatic letter form. Item #2: Four, towers- Exhibit #2 Noah facing, one set per tower of "SUMMER'?,. , "FALL" ``SPTNG'.' 18" high gold painted aluminum,, no illumination, proposed. Item #3: Parking entry - Exhibit #3, illumination proposed. ;i "PARTING BMM' " 12" high gold pailited alum ".SHOPS, OFFICES & CONDOMTNRJMS 8 "high fold alum "EXIT ONLY" 1 2" high gold alum 2i ;Dq.not enter symbols 12" high reel A white C ARANCE 8' o" 6" plastiq pipe; red reflective grapluics. Item #4: North Atrium - Exhibit #4 ' ."SEASONS" - 24" reverse pan channel letters. 06.1d color, prismatic face, white neon glow from rear. Item #5; Monument Sign- Exhibit #5 Illuminated sign, 2 faces, routed metal face Vith plex copy, stucco base. Il�oo Il�oo U-M M R IF A L IL, W d N 7C lE R s P.R I N G 29, Wes 45 R64. X 19�* go 24"FOR MAIN MnWWAY )q I Fl. PARKING ENra& PA I mO) lv%, I N(G ]ENTRY 0 EXIT:, • ONLY Q 142 X 12 ry . rn co CLEARANCE Fn a j? J i I iY X'!S I► CLBAAANCE to On j 4-f s 7 k3 2599 x 203 �IECC��S7I'l��I°dON S � RKE riV�UI -ONG JL TERI.q .W IPARKff-'NG O CT- 23. -94 Sum' 1 7: 4Z H I GHTECH S I GNS DATE: October 23, 1994 TO: Mary Holden Town of Avon Planning FROM: Larry Ast 0j- RE: Seasons at v P . 0 1 At your request I have prepared the following list of approved signage for the Seasons at Avon building. Note that some of the signage is directional verses property identification or tenant advertising. square footane informational prop ident comm. Ident nitial approval: 1. Monument sign- primarily directional 20 2 faces 30" x 48" 2. Portico 2 faces approx. 24" x 192" 32 3. Parking entry approx 20" x 192" 26 4. Parking exit approx 12" x 168" 14 5. North sign Seasons 24" x 192" 32 6. Four towers - summer, fall, winter, spring 84 �> size based upon straight line text First amendment: 1. Vail Associates Corp Office- South Ent Corner 20 2. Wing wall- main entry, Vail Associates 9 Season at Avon 5 3. East & West Towers approx 128 x 12 each 21 HIGIi'I'ECHSIGNS P.O. � Co 2699 1658 910 No inghm Road Aspen wood Sprgs. 303.949.4565 Suite S.2 303.945.6695 FAX: 949 -4670 Avon, CO 81620 � e4s�� DATE: October 17, 1994 TO: Mary Holden Town of Avon Planning FROM: Larry Ast RE: Seasons Avon -0 Rlifv� SIGNS /, r2Z�S3 Amendment #2 to Season At Avon Sign Program Z, 13M Change #1: Addition of Corporate Logo and "Vail Associates, Inc. Corporate Training Center" Material- gold painted aluminum letters. Same as previously approved. Placement- south west corner of building overhang, flush mounted. See exhibit 1 -A. Change #2: Addition of Corporate Logo and "Prater Lane Play School' Material- gold painted aluminum letters. Same as previously approved. Placement- north west side of building. See exhibits 2 -A. Change #3: Commercial Tenant Signage Each tenant located in spaces 1 to 8, as shown on exhibit 3 -A will be allowed one sign area as shown on exhibit 3 -B. The square footage allowed for single tenant use is shown on exhibit 3 -C. Raceways will not be permitted. Materials- Illuminated portions- gold painted reverse pan channel letters with white glow from letters onto building. The maximum letter height will be 18 ". All illuminated letters will conform to UL standards. The name of the business will be illuminated. The nature of the business and logos (total for nature and logos not to exceed 40% of the sign area utilized) are encouraged to be internally illuminated. Non - illuminated portions.- gold painted metal letters and logo, minimum of 1/4" thick, maximum height 8" for text, and 18" for logo. These shall be flush mounted to the wall. - The gold color, texture and finish shall be similar to the existing text on the building. HIGHTECHSIGNS P.O. Box 2688 Production Center Aspen & Vail, CO 81658 910 Nottingham Road Glenwood Sprgs. 303.949.4565 Suite S.2 303.945.6695 FAX: 949 -4670 Avon_ CO 8 167n Type styles- not restricted, but minimum stroke of 1.75" is needed for reverse pan channel letters. Temporary signage- tenants may hang a temporary banner on the location of the permanent signage. This may be hung after submission to the Town of Avon for permanent signage and for application for the temporary banner. The time limit shall be 90 days during which the application for permanent signage is being approved, and the signs are being fabricated. Colors shall be a tan banner with brown or gold text. All signage shall require approval by the condominium association prior to submission to the Town of Avon. Window lettering and sale signage shall require approval of the condominium association and the Town of Avon. All tenants are required to remove their signs and patch and paint all holes in a professional manner upon vacating their space. All signs shall be maintained in a first class condition. If a tenant occupies more than one space, they may combine the square footage allowed for the total space, but the utilized portion for signage cannot exceed 45 square feet. If the space is subdivided, the tenants must share the allocated signage square footage limitations. Tenants shall be responsible for obtaining and pay the cost of all permits and signage. =SIGNS SIGN DRAWING P.O. BOX 2688 . VAIL, CO 81658. 303.949.4565. FAX: 303.949.4670 THE 5EA5ON5 AT AVON 497 60<J*lAW ROAD AVO{ COLORADO ,.'Paoli ICE riaY SC*001� IV J v d' VA /, ASf —Ar85, Me- CoRPoM'rC 77W -h C ESC )(H /,,� / 7-' 3-14 JOB # DATE BY NE CLIENT SCAB'vs 117" IMb CONTACT- SCALE PHONE FAX- V .. SIGN DRAWING P.O. BOX 2688 . VAR, CO 81658. 303.949.4565. 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W � -0 ° v a .>. 0 A .p _-° ` v 'o El eW00gy0 Q W � $ •p a 00 q p N 'C u 'n 'O p W 3 'u [. iy p0 .� •� uy � b X y � � 3 ,300 �' �` V� A � G tb u 0 0 00. 7fl t! W p W u u }q p W u 96 q F7 .tl. uq _ q ,b 0. •i� ,� W u •o i3 W s W W .W u e0 o �o ba BBL 72 q Q T U F U G o � no a 0 a u > 8 0. W � -0 ° v a 3 _-° ` v 'o Q � $ •p a u u 3 p W 3 'u [. ° W o tl C p f{ G tb u 0 0 7 c t! 5r .ui u 96 p p 0. u .tl. uq _ q ,b 0. •i� ,� W u •o Jg r'- b N e N G a m `O n A a 5 qq iz 0 O 1— pp O O sw —0 .00 00 .1 .4 14 71 A' IS od -zo 0 'o T EL 93 70 =I g So o 04 2 o U o bQ — F .e .r n' g am O. Rp 5r r 70 g 0 0 E J� br. ML 0 a § qq iz 0 O 1— pp O O Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal: Eric Heil, Town Attorney From: Scott Wright, Asst. Town Manager — Finance Date: October 6, 2010 Re: Bond Ordinance No. 10 -17 Summary: Initials Bond Ordinance No. 10 -17 is scheduled for a public hearing and second reading on Tuesday evening. Attached is a revised version of the final ordinance with one minor change, plus a current schedule of sources and uses and a final timetable. In order to save printing costs, please refer to the website for the materials presented at first reading, including my memorandum and the various exhibits referred to in the ordinance. The current plan is to pay and cancel the 1998 COPS on the delivery date of the 2010 COPS and to not escrow those proceeds for 30 days post closing. Consequently, one minor change has been made to the ordinance to reflect this current plan. The last recital on page two of the ordinance now includes the underlined words as follows: WHEREAS, there have been presented to the Town Council and are on file at the Town offices the following: (i) the Site Lease, in the proposed form attached hereto as Exhibit A; (ii) the Lease, in the proposed form attached hereto as Exhibit B; (iii) the Escrow Agreement relating to the Refunding Project (the "Escrow Agreement "), if such Escrow Agreement becomes necessary, in the proposed form attached hereto as Exhibit C, (iv) the Continuing Disclosure Certificate to be provided by the Town (the "Disclosure Certificate "), in the proposed form attached hereto as Exhibit D; and (v) the Preliminary Official Statement (the "Preliminary Official Statement ") relating to the 2010 Certificates, in the proposed form attached hereto as Exhibit E; and Instead of deleting the approval of the Escrow Agreement altogether, we thought it best to just indicate that the Escrow Agreement was approved and could be used to the extent Page 1 necessary. If we end up paying and cancelling the 1998 COPS as planned then we will just not use the Escrow Agreement. If, for whatever reason, it becomes necessary to escrow the proceeds for a short period of time before the 1998 COPS are redeemed then we will have an approved Escrow Agreement that is ready to use. Financial Implications and Discussion: As I have discussed with Council previously, the opportunity exists for the Town to refinance the existing Certificates of Participation (COPS) and issue "new money" that would be used to either provide matching funds for the Swift Gulch Transit/Public Works Facility Project or use the proceeds for existing CIP projects and reserve the funds that were to be used for those projects for the Swift Gulch project at some time in the future. A sources and uses of funds schedule follows: Sources: Bond Proceeds $ 6,955,000.00 Other Sources of Funds: Debt Service Reserve Fund 563,570.00 Prior Debt Service Fund 459,200.00 7,977,770.00 Uses: Project Fund $ 3,000,000.00 Refunding Escrow Deposit 4,089,200.00 Debt Service Reserve Fund 647,802.98 Delivery Date Expenses: Cost of Issuance 75,000.00 Underwriter's Discount 69,550.00 Bond Insurance 88,505.00 Additional Proceeds 7,712.02 7,977.770.00 The estimated coupon rates for the bonds ranges from 1.625 % - 4.625% with a final maturity of twenty years. Recommendations: It is my recommendation that Council approve Ordinance No. 10 -17 at second reading. • Page 2 Town Manager Comments: Attachments: Bond Ordinance No. 10 -17 (Final Version) Sources and Uses of Funds (Updated on September 28, 2010 Updated timetable From Previous Packet.' Bond Ordinance No. 10 -17 Exhibit A — Site Lease Exhibit B — Lease Purchase Agreement Exhibit C — Escrow Agreement Exhibit D — Continuing Disclosure Agreement Exhibit E — Preliminary Official Statement (Draft Form) Timetable Sources and Uses • Page 3 TOWN OF AVON, COLORADO ORDINANCE NO. 10 -17 SERIES OF 2010 AN ORDINANCE AUTHORIZING THE EXECUTION OF A SITE AND IMPROVEMENT LEASE, A LEASE PURCHASE AGREEMENT, A DISCLOSURE CERTIFICATE, AN ESCROW AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND MATTERS RELATING TO CERTAIN CERTIFICATES OF PARTICIPATION. WHEREAS, the Town of Avon, Eagle County, Colorado (the "Town ") is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the Town (the "Charter "); and WHEREAS, pursuant to Chapter XIV of the Charter, the Town is authorized to enter into one or more leases or lease - purchase agreements for land, buildings, equipment and other property for governmental or proprietary purposes; and WHEREAS, pursuant to such authority and for the purposes of financing the construction, other acquisition, and equipping of a public works maintenance facility (the "Public Works Facility "), the Town has heretofore (a) entered into that certain Ground Lease Agreement, dated as of July 1, 1998 (the "1998 Ground Lease "), whereby the Town, as lessor, has leased certain real property owned by the Town and described therein (collectively, the "Site "), to the Town of Avon Finance Authority, a Colorado nonprofit corporation (the "Finance Authority "), as lessee, and (b) entered into that certain Lease Purchase and Sublease Agreement, dated as of July 1, 1998 (the "1998 Lease "), whereby the Town has leased the Public Works Facility and subleased the Site from the Finance Authority; and WHEREAS, in order to provide funds for the construction, other acquisition, and equipping of the Public Works Facility, the Finance Authority as grantor, and The Bank of Cherry Creek, N.A., as trustee, entered into that certain Mortgage and Indenture of Trust, dated as of July 1, 1998 (the "1998 Indenture "), pursuant to which there were issued certain certificates of participation (the "1998 Certificates "), evidencing assignments of proportionate interests in rights to receive certain revenues pursuant to the 1998 Lease; and WHEREAS, the Town is permitted by the 1998 Lease to pay the "Purchase Option Price" (as defined in the 1998 Lease) to acquire the Public Works Facility, which Purchase Option Price is an amount sufficient to redeem the 1998 Certificates and pay related costs thereof; and WHEREAS, redemption of the 1998 Certificates will result in (a) termination of the 1998 Indenture pursuant to Section 6.01 thereof, (b) conveyance of the Public Works Facility to the Town pursuant to Article XII of the 1998 Lease, (c) termination of the "Lease Term" of the 1998 Lease pursuant to Section 4.2 thereof, and (d) termination of the 1998 Ground Lease pursuant to Section 5.2 thereof, and WHEREAS, the 1998 Certificates were subject to prior redemption, at the option of the Town, beginning on December 1, 2009, and on any date thereafter, at a price of par plus accrued interest to the date fixed for redemption; and WHEREAS, the Town Council of the Town (the "Town Council ") has determined, and hereby determines, that it is in the best interests of the Town and its residents and taxpayers to (a) pay the Purchase Option Price in order to terminate the 1998 Lease and redeem the 1998 Certificates (the "Refunding Project"), and (b) construct, install, equip and furnish certain capital improvements within the Town (the "Improvement Project," and together with the Refunding Project, the "Project"); and WHEREAS, the Town Council has determined, and hereby determines, (a) to lease the Site and all improvements thereon, including, without limitation, the Public Works Facility (collectively, the "Leased Property "), to UMB Bank, n.a., as trustee (the "Trustee "), pursuant to a Site and Improvement Lease (the "Site Lease "), and (b) sublease the Leased Property from the Trustee pursuant to a Lease Purchase Agreement (the "Lease "); and WHEREAS, in order to produce the revenue necessary to finance the Project, the Trustee will execute an Indenture of Trust (the "Indenture "), pursuant to which certain certificates of participation evidencing proportionate interests in certain revenues under the Lease (as more particularly defined in the Indenture, the "2010 Certificates ") will be issued, and the proceeds thereof used to finance the Project; and WHEREAS, pursuant to the Lease, and subject to the right of the Town to terminate the Lease and other limitations as therein provided, the Town will pay certain Base Rentals and Additional Rentals (as such terms are defined in the Lease) in consideration for the right of the Town to use the Leased Property; and WHEREAS, the Town's obligation under the Lease to pay Base Rentals and Additional Rentals shall be from year to year only; shall constitute currently budgeted expenditures of the Town; shall not constitute a mandatory charge or requirement in any ensuing budget year; and shall not constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory or Charter limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and WHEREAS, there have been presented to the Town Council and are on file at the Town offices the following: (i) the Site Lease, in the proposed form attached hereto as Exhibit A; (ii) the Lease, in the proposed form attached hereto as Exhibit B; (iii) the Escrow Agreement relating to the Refunding Project (the "Escrow Agreement "), if such Escrow Agreement becomes necessary, in the proposed form attached hereto as Exhibit C, (iv) the Continuing Disclosure Certificate to be provided by the Town (the "Disclosure Certificate "), in the proposed form attached hereto as Exhibit D; and (v) the Preliminary Official Statement (the "Preliminary Official Statement ") relating to the 2010 Certificates, in the proposed form attached hereto as Exhibit E; and -2- WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease; and WHEREAS, § 11 -57 -204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, Colorado Revised Statutes (the "Supplemental Act "), provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Town Council or the officers, agents or employees of the Town Council or the Town relating to the Site Lease, the Lease, the acquisition, construction, installation or improvement of the Improvement Project, the implementation of the Refunding Project, and the execution and delivery of the 2010 Certificates is hereby ratified, approved and confirmed. Section 2. Finding of Best Interests. The Town Council hereby finds and determines, pursuant to the Constitution, the laws of the State of Colorado and the Charter, that the acquisition, construction, and installation of the Improvement Project, the implementation of the Refunding Project, and the financing of the costs thereof pursuant to the terms set forth in the Site Lease and the Lease are necessary, convenient, and in furtherance of the Town's purposes and are in the best interests of the inhabitants of the Town and the Town Council hereby authorizes and approves the same. The Town Council hereby further finds and determines that the Refunding Project will result in interest costs savings to the Town and lower annual payments and is therefore necessary, desirable, advisable and in the best interest of the Town. Section 3. Supplemental Act; Parameters. The Town Council hereby elects to apply all of the Supplemental Act to the Site Lease and the Lease and in connection therewith delegates to each of the Mayor, the Town Manager or the Finance Director the authority to make any determination delegable pursuant to § 11- 57- 205(1)(a -i) of the Colorado Revised Statutes, as amended, in relation to the Site Lease and the Lease, and to execute a sale certificate (the "Sale Certificate ") setting forth such determinations, including without limitation, the term of the Site Lease, the rental amount to be paid by the Trustee pursuant to the Site Lease, the term of the Lease, and the rental amount to be paid by the Town pursuant to the Lease, subject to the following parameters and restrictions: (a) the total amount of rental payments to be received by the Town from the Trustee under the Site Lease shall not be less than $6,000,000; (b) the term of the Site Lease shall not extend beyond December 31, 2040; (c) the aggregate principal amount of the Base Rentals payable by the Town pursuant to the Lease shall not exceed $7,250,000; (d) the Lease Term shall not extend beyond December 31, 2030; and (e) the maximum net effective interest rate on the interest component of the Base Rentals relating to the 2010 Certificates shall not exceed 5.00 %. Pursuant to § 11 -57 -205 of the Supplemental Act, the Town Council hereby delegates to each of the Mayor, the Town Manager or the Finance Director the authority to sign a contract for the purchase of the 2010 Certificates or to accept a binding bid for the 2010 -3- Certificates and to execute any agreement or agreements in connection therewith. In addition, each of the Mayor, the Town Manager or the Finance Director is hereby authorized to determine if obtaining an insurance policy for all or a portion of the 2010 Certificates is in the best interests of the Town, and if so, to select an insurer to issue an insurance policy, execute a commitment relating to the same and execute any related documents or agreements required by such commitment. Each of the Mayor, the Town Manager or the Finance Director is also hereby authorized to determine if obtaining a reserve fund insurance policy for the 2010 Certificates is in the best interests of the Town, and if so, to select a surety provider to issue a reserve fund insurance policy and execute any related documents or agreements required by such commitment. Section 4. Approval of Documents. The Site Lease, the Lease, the Escrow Agreement, and the Disclosure Certificate, in substantially the forms presented to the Town Council and on file with the Town, are in all respects approved, authorized and confirmed, and the Mayor or Mayor Pro Tern of the Town is hereby authorized and directed for and on behalf of the Town to execute and deliver the Site Lease, the Lease, the Escrow Agreement and the Disclosure Certificate in substantially the forms and with substantially the same contents as presented to the Town Council, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance. Section 5. Approval of Official Statement. A final Official Statement, in substantially the form of the Preliminary Official Statement presented to the Town Council and on file with the Town, is in all respects approved and authorized. The Mayor is hereby authorized and directed, for and on behalf of the Town, to execute and deliver the final Official Statement in substantially the form and with substantially the same content as the Preliminary Official Statement on file with the Town, with such changes as may be approved by the Town Manager or the Finance Director. The distribution of the Preliminary Official Statement and the final Official Statement to all interested persons in connection with the sale of the 2010 Certificates is hereby ratified, approved and authorized. Section 6. Authorization to Execute Collateral Documents. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town in connection with the matters authorized by this Ordinance and to place the seal of the Town on any document authorized and approved by this Ordinance. The Mayor, Mayor Pro Tem, and Town Clerk and other appropriate officials or employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance, including without limiting the generality of the foregoing, executing, attesting, authenticating and delivering for and on behalf of the Town any and all necessary documents, instruments or certificates and performing all other acts that they deem necessary or appropriate in order to implement and carry out the transactions and other matters authorized by this Ordinance. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be approved by bond counsel prior to the execution of the documents. The execution of any document or instrument by the aforementioned officers or members of the Town Council shall be conclusive evidence of the -4- approval by the Town of such document or instrument in accordance with the terms hereof and thereof. Section 7. No General Obligation Debt. No provision of this Ordinance, the Site Lease, the Lease, the Indenture, the 2010 Certificates, the Preliminary Official Statement, or the final Official Statement shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory or Charter provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall have no obligation to make any payment with respect to the 2010 Certificates except in connection with the payment of the Base Rentals (as defined in the Lease) and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. Neither the Lease nor the 2010 Certificates shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory or Charter debt limitation and shall not constitute a multiple fiscal year direct or indirect debt or other financial obligation whatsoever. No provision of the Site Lease, the Lease or the 2010 Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution. Neither the Lease nor the 2010 Certificates shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town's then current fiscal year. Section 8. Reasonableness of Rentals. The Town Council hereby determines and declares that the Base Rentals due under the Lease, in the maximum amounts authorized pursuant to Section 3 hereof, constitute the fair rental value of the Leased Property and do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Trustee's leasehold interest in the Leased Property pursuant to the Lease. The Town Council hereby determines and declares that the period during which the Town has an option to purchase the Trustee's leasehold interest in the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property. The Town Council hereby further determines that the amount of rental payments to be received by the Town from the Trustee pursuant to the Site Lease is reasonable consideration for the leasing of the Leased Property to the Trustee for the term of the Site Lease as provided therein. Section 9. No Recourse against Officers and Agents. Pursuant to § 11 -57- 209 of the Supplemental Act, if a member of the Town Council, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest or prior redemption premiums on the 2010 Certificates. Such recourse shall not be available either directly or indirectly through the Town Council or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the 2010 Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling such 2010 Certificate specifically waives any such recourse. -5- Section 10. 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 11. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 12. Interpretation. This Ordinance shall be so interpreted and construed as to effectuate its general purpose. Section 13. Charter Controls. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the provisions of this Ordinance and the Sale Certificate authorized hereby and such statutes. Any such inconsistency or conflict is intended by the Town Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter. Section 14. Effective Date, Recording, and Authentication. This Ordinance shall be in full force and effect seven days after public notice following final passage in accordance with Section 6.4 of the Charter. This Ordinance shall be numbered and recorded in the official records of the Town kept for that purpose, and shall be authenticated by the signatures of the Mayor and Mayor Pro -Tem and Town Clerk, and published in accordance with law. Section 15. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town, 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 16. 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 full copy of this Ordinance is available for public inspection in the office of the Town Clerk during normal business hours. -6- INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED PUBLISHED BY POSTING AND REFERRED TO PUBLIC HEARING, and setting such public hearing for October 12, 2010, at 5:30 p.m., at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on September 28, 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, PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on October 12, 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 -7- EXHIBIT A FORM OF SITE AND IMPROVEMENT LEASE EXHIBIT B FORM OF LEASE PURCHASE AGREEMENT EXHIBIT C FORM OF CONTINUING DISCLOSURE CERTIFICATE LK4II1 .13100 FORM OF ESCROW AGREEMENT EXHIBIT E FORM OF PRELIMINARY OFFICIAL STATEMENT STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF AVON ) I, the duly elected, qualified, and acting Town Clerk of the Town of Avon, Colorado (the "Town "), do hereby certify that: (1) The foregoing pages are a true, correct and complete copy of an ordinance (the "Ordinance ") that was introduced, approved on first reading and ordered published by posting in accordance with the Town Charter (the "Charter ") by the Town Council at a regular meeting thereof held on September 28, 2010, and was introduced, approved on second and final reading, and ordered published by posting in accordance with the Charter on October 12, 2010, which Ordinance has not been revoked, rescinded or repealed and is in full force and effect on the date hereof. (2) The Ordinance was duly moved and seconded, and the Ordinance was approved on first reading, at the meeting of September 28, 2010, by an affirmative vote of a majority of the membership of the entire Town Council as follows: Councilmember Voting "Yes" Voting "No" Absent Abstaining Ronald C. Wolfe Brian Sipes Richard Carroll David Dantas Kristi Ferraro Amy Phillips Buzz Reynolds (3) The Ordinance was duly moved and seconded, and the Ordinance was approved on second and final reading, at the meeting of October 12, 2010, by an affirmative vote of a majority of the membership of the entire Town Council as follows: Councilmember Voting "Yes" Voting "No" Absent Abstaining Ronald C. Wolfe Brian Sipes Richard Carroll David Dantas Kristi Ferraro Amy Phillips Buzz Reynolds (4) The members of the Town Council were present at such meetings and voted on the passage of such Ordinance as set forth above. (5) The Ordinance was authenticated by the signature of the Mayor, sealed with the Town seal, attested by the Town Clerk, and recorded in the minutes of the Town Council. (6) There are no bylaws, rules or regulations of the Town Council that might prohibit the adoption of the Ordinance. (7) Notices of the meetings of September 28, 2010 and October 12, 2010 in the forms attached hereto as Exhibit A were posted at the Town Hall not less than 24 hours prior to each meeting in accordance with law. (8) On September _, 2010 and October _, 2010, the full text of the Ordinance was posted at the office of the Town Clerk and in three public places in the Town in accordance with the Charter. WITNESS my hand and the seal of the Town affixed this day of October, 2010. [SEAL] -2- Town Clerk EXHIBIT A (Attach Notices of Meetings of September 28, 2010 and October 12, 2010) Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. TABLE OF CONTENTS TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Report Page Sources and Uses of Funds . . . . . . . . . . . . . . . . . . 1 Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . 2 Detailed Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Summary of Refunding Results . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Bond Summary Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Bond Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Prior Bond Debt Service . . . . . . . . . . . . . . . . . , . . . . . 10 Summary of Bonds Refunded . . . . . . . . . . . . . . . . . . . . . . . . 11 Escrow Descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Escrow Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Escrow Cash Flow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Escrow Sufficiency . . . . . . . . . . . . . . . . . . . . . . . . 15 Escrow Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Piperjaffray. Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. Page 1 SOURCES AND USES OF FUNDS TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Dated Date 10/28/2010 Delivery Date 10/28/2010 Sources: Bond Proceeds: Par Amount 6,955,000.00 Other Sources of Funds: Debt Service Reserve Fund 563,570.00 Prior Debt Service Fund 459,200.00 1,022,770.00 7,977,770.00 Uses: Project Fund Deposits: Project Fund 3,000,000.00 Refunding Escrow Deposits: SLGS Purchases 4,089,200.00 Other Fund Deposits: Debt Service Reserve Fund 647,802.98 Delivery Date Expenses: Cost of Issuance 75,000.00 Underwriter's Discount 69,550.00 Bond Insurance 88,505.00 233,055.00 Other Uses of Funds: Additional Proceeds 7,712.02 7,977,770.00 PiperJaffraym Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. BOND DEBT SERVICE TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Dated Date 10/28/2010 Delivery Date 10/28/2010 Period Ending Principal Coupon Interest Debt Service 12/01/2011 230,000 1.625% 277,890.58 507,890.58 12/01/2012 250,000 1.750% 250,818.76 500,818.76 12/01/2013 260,000 2.000% 246,443.76 506,443.76 12/01/2014 260,000 2.250% 241,243.76 501,243.76 12/01/2015 270,000 2.500% 235,393.76 505,393.76 12/01/2016 280,000 2.750% 228,643.76 508,643.76 12/01/2017 280,000 3.000% 220,943.76 500,943.76 12/01/2018 290,000 3.250% 212,543.76 502,543.76 12/01/2019 300,000 3.500% 203,118.76 503,118.76 12/01/2020 310,000 3.625% 192,618.76 502,618.76 12/01/2021 325,000 3.875% 181,381.26 506,381.26 12/01/2022 335,000 4.000% 168,787.52 503,787.52 12/01/2023 350,000 4.000% 155,387.52 505,387.52 12/01/2024 365,000 4.125% 141,387.52 506,387.52 12/01/2025 375,000 4.125% 126,331.26 501,331.26 12/01/2026 395,000 4.250% 110,862.50 505,862.50 12/01/2027 415,000 4.375% 94,075.00 509,075.00 12/01/2028 425,000 4.500% 75,918.76 500,918.76 12/01/2029 445,000 4.500% 56,793.76 501,793.76 12/01/2030 795,000 4.625% 36,768.76 831,768.76 6,955,000 3,457,353.28 10,412,353.28 Piperjaff ray. Page 2 Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. DETAILED BOND DEBT SERVICE TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (New Money) Dated Date 10/28/2010 Delivery Date 10/28/2010 Serial Bond Period Ending Principal Coupon Interest Debt Service 12/01/2011 120,000 1.625% 135,660.06 255,660.06 12/01/2012 130,000 1.750% 122,318.76 252,318.76 12/01/2013 135,000 2.000% 120,043.76 255,043.76 12/01/2014 135,000 2.250% 117,343.76 252,343.76 12/01/2015 140,000 2.500% 114,306.26 254,306.26 12/01/2016 145,000 2.750% 110,806.26 255,806.26 12/01/2017 145,000 3.000% 106,818.76 251,818.76 12/01/2018 150,000 3.250% 102,468.76 252,468.76 12/01/2019 155,000 3.500% 97,593.76 252,593.76 12/01/2020 160,000 3.625% 92,168.76 252,168.76 12/01/2021 170,000 3.875% 86,368.76 256,368.76 12/01/2022 175,000 4.000% 79,781.26 254,781.26 12/01/2023 180,000 4.000% 72,781.26 252,781.26 12/01/2024 190,000 4.125% 65,581.26 255,581.26 12/01/2025 195,000 4.125% 57,743.76 252,743.76 12/01/2026 205,000 4.250% 49,700.00 254,700.00 12/01/2027 215,000 4.375% 40,987.50 255,987.50 12/01/2028 220,000 4.500% 31,581.26 251,581.26 12/01/2029 230,000 4.500% 21,681.26 251,681.26 12/01/2030 245,000 4.625% 11,331.26 256,331.26 3,440,000 1,637,066.48 5,077,066.48 Pipedaff ray. Page 3 Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. Period Ending 12/01/2011 12/01/2012 12/01/2013 12/01/2014 12/01/2015 12/01/2016 12/01/2017 12/01/2018 12/01/2019 12/01/2020 12/01/2021 12/01/2022 12/01/2023 12/01/2024 12/01/2025 12/01/2026 12/01/2027 12/01/2028 12/01/2029 12/01/2030 PiperJaffraye DETAILED BOND DEBT SERVICE TOWN OF AVON, COLORADO REFUNDING CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refund Series 1998) Dated Date 10/28/2010 Delivery Date 10/28/2010 Serial Bond Principal Coupon 110,000 1.625% 120,000 1.750% 125,000 2.000% 125,000 2.250% 130,000 2.500% 135,000 2.750% 135,000 3.000% 140,000 3.250% 145,000 3.500% 150,000 3.625% 155,000 3.875% 160,000 4.000% 170,000 4.000% 175,000 4.125% 180,000 4.125% 190,000 4.250% 200,000 4.375% 205,000 4.500% 215,000 4.500% 550,000 4.625% 3,515,000 Interest Debt Service 142,230.52 252,230.52 128,500.00 248,500.00 126,400.00 251,400.00 123,900.00 248,900.00 121,087.50 251,087.50 117,837.50 252,837.50 114,125.00 249,125.00 110,075.00 250,075.00 105,525.00 250,525.00 100,450.00 250,450.00 95,012.50 250,012.50 89,006.26 249,006.26 82,606.26 252,606.26 75,806.26 250,806.26 68,587.50 248,587.50 61,162.50 251,162.50 53,087.50 253,087.50 44,337.50 249,337.50 35,112.50 250,112.50 25,437.50 575,437.50 1,820,286.80 5,335,286.80 Page 4 Sep 2$,2010 1:12 pm Prepared by Piperlaffray & Co. Page 5 Pipe rJaffray. SAVINGS TOWN OF AVON, COLORADO REFUNDING CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refund Series 1998) Present Value Prior Prior Prior Refunding Refunding Refunding to 10/28/2010 Date Debt Service Receipts Net Cash Flow Debt Service Receipts Net Cash Flow Savings :`ic 4.1747171% 12/01/2010 459,200.00 459,200.00 11.735.90) 12/01/2011 561,120.00 11,271.40 549,848.60 252,230.52 7,148.11 245,082.41 304,766.19 291,558,84 12/01/2012 562,500.00 11,271.40 551,228.60 248,500.00 6,547.88 241,952.12 309,276.48 283,950.75 12/01/2013 562,500.00 11,271.40 551,228.60 251,400.00 6,547.88 244,85112 306,376.48 269,741.05 12/01/2014 561,500.00 11,271.40 550,228.60 248,900.00 6,547.88 242,352.12 307,876.48 259,926.78 12/01/2015 559,500.00 11,271.40 548,228.60 251,087.50 6,547.88 244,539.62 303,688.98 245,850.80 12/01/2016 561,500.00 11,271.40 550,228.60 252,837.50 6,547.88 246,289.62 303,938.98 235,933.98 12/01/2017 562,250.00 11,271.40 550,978.60 249,125.00 6,54788 242,577.12 308,401.48 229,553.62 12/01/2018 561,750.00 574,841.40 (13 091 40) 250,075.00 6,547.88 243,527.12 (256.61852) (184.35040) 12/01/2019 250,525.00 6,547.88 243,977.12 (243.977 12) 1168 284.36) 12/01/2020 250,450.00 6,547.88 243,902.12 (243,90212) (161.38863) 12/01/2021 250,012.50 6,547.88 243,464.62 (243.464.62) (154.543.80) 12/01/2022 249,006.26 6,547.88 242,458.38 (242458.38) (147.639.96) 12/012023 252,606.26 6,547.88 246,058.38 (246,058.38) (143.72125) 12/012024 250,806.26 6,547.88 244,258.38 (241258.38) (136,85884) 12/012025 248,587.50 6,547.88 242,039.62 (242,039.62) (1A08968) 12/012026 251,162.50 6,547.88 244,614.62 1244,614.62) 1126.10881) 12/012027 253,087.50 6,547.88 246,539.62 (246,539.62) (121.912 93) 12/012028 249,337.50 6,547.88 242,789.62 (242,789.62) (115.159.39) 12/012029 250,112.50 6,547.88 243,564.62 (243,56462) 1110.80666) 12/012030 575,437.50 333,94220 241,495.30 (241,4953,01 1105.37548) 4,951,820.00 1,112,941.20 3,838,878.80 5,335,286.80 458,952.15 4,876,334.65 (1037,455.85) 8,539.71 Savings Summary PV of savings from cash flow 8,539.71 Plus: Refunding funds on hand 3,391.59 Net PV Savings 11,931.30 Pipe rJaffray. Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. SUMMARY OF REFUNDING RESULTS TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Dated Date Delivery Date Arbitrage yield Escrow yield Bond Par Amount True Interest Cost Net Interest Cost Average Coupon Average Life Par amount of refunded bonds Average coupon of refunded bonds Average life of refunded bonds PV of prior debt to 10/28/2010 @ 4.174717% Net PV Savings Percentage savings of refunded bonds Percentage savings of refunding bonds PiperJaff ray. 10/28/2010 10/28/2010 4.174717% 0.071143% 3,515,000.00 4.321567% 4.396991% 4.129769% 12.540 3,990,000.00 4.997272% 4.417 4,198,256.17 11,931.30 0.299030% 0.3394400,o Page 6 Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. BOND SUMMARY STATISTICS TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Dated Date 10/28/2010 Delivery Date 10/28/2010 First Coupon 06/01/2011 Last Maturity 12/01/2030 Arbitrage Yield 4.174717% True Interest Cost (TIC) 4.286058% Net Interest Cost (NIC) 4.364375% All -In TIC 4.407988% Average Coupon 4.088758% Average Life (years) 12.158 Duration of Issue (years) 9.199 Par Amount 6,955,000.00 Bond Proceeds 6,955,000.00 Total Interest 3,457,353.28 Net Interest 3,526,903.28 Bond Years from Dated Date 84,557,541.67 Bond Years from Delivery Date 84,557,541.67 Total Debt Service 10,412,353.28 Maximum Annual Debt Service 831,768.76 Average Annual Debt Service 518,242.39 Underwriter's Fees (per $1000) Average Takedown Other Fee 10.000000 Total Underwriter's Discount 10.000000 Bid Price 99.000000 Par Average Average Bond Component Value Price Coupon Life Serial Bond 6,955,000.00 100.000 4.089% 12.158 6,955,000.00 12.158 Piped affray. PROP. 7 Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. Page 8 Pipe rjaffray BOND SUMMARY STATISTICS TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) All -In Arbitrage TIC TIC Yield Par Value 6,955,000.00 6,955,000.00 6,955,000.00 - Accrued Interest - Premium (Discount) - Underwriter's Discount (69.550.00) (69.550.00) - Cost of Issuance Expense ( 75,000.00) - Other Amounts (88505.00) (88.505.00) (88,505.00) Target Value 6,796,945.00 6,721,945.00 6,866,495.00 Target Date 10:28/2010 10/28/2010 10/28/2010 Yield 4.286058% 4.407988% 4.174717% Pipe rjaffray Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds Pip erJaffray. 6,95 5,000.00 BOND PRICING Dated Date 10/28/2010 Delivery Date TOWN OF AVON, COLORADO First Coupon 06/01/2011 CERTIFICATES OF PARTICIPATION 6,955,000.00 IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Maturity Bond Component Date Amount Rate Yield Price Serial Bond: 12/01/2011 230,000 1.625% 1.625% 100.000 12/01/2012 250,000 1.750% 1.750% 100.000 12/01/2013 260,000 2.000% 2.000% 100.000 12/01/2014 260,000 2.250% 2.250% 100.000 12/01/2015 270,000 2.500% 2.500% 100.000 12/01/2016 280,000 2.750% 2.750% 100.000 12/01/2017 280,000 3.000% 3.000% 100.000 12/01/2018 290,000 3.250% 3.250% 100.000 12/01/2019 300,000 3.500% 3.500% 100.000 12/01/2020 310,000 3.625% 3.625% 100.000 12/01/2021 325,000 3.875% 3.875% 100.000 12/01/2022 335,000 4.000% 4.000% 100.000 12/01/2023 350,000 4.000% 4.000% 100.000 12/01/2024 365,000 4.125% 4.125% 100.000 12/01/2025 375,000 4.125% 4.125% 100.000 12/01/2026 395,000 4.250% 4.250% 100.000 12/01/2027 415,000 4.375% 4.375% 100.000 12/01/2028 425,000 4.500% 4.500% 100.000 12/01/2029 445,000 4.500% 4.500% 100.000 12/01/2030 795,000 4.625% 4.625% 100.000 Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds Pip erJaffray. 6,95 5,000.00 6,955,000 Dated Date 10/28/2010 Delivery Date 10/28/2010 First Coupon 06/01/2011 Par Amount 6,955,000.00 Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds Pip erJaffray. 6,95 5,000.00 100.000000% (69,550.00) (1.000000) 6,885,450.00 99.000000% 6,885,450.00 Page 9 Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. PRIOR BOND DEBT SERVICE TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Dated Date 10/28/2010 Delivery Date 10/28/2010 Period Debt Ending Principal Coupon Interest Service 12/01/2010 360,000 4.800% 99,200 459,200 12/01/2011 380,000 4.900% 181,120 561,120 12/01/2012 400,000 5.000% 162,500 562,500 12/01/2013 420,000 5.000% 142,500 562,500 12/01/2014 440,000 5.000% 121,500 561,500 12/01/2015 460,000 5.000% 99,500 559,500 12/01/2016 485,000 5.000% 76,500 561,500 12/01/2017 510,000 5.000% 52,250 562,250 12,01/2018 535,000 5.000% 26,750 561,750 3,990,000 961,820 4,951,820 Piperjaffray. Page 10 Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. Pip erJaffray. Page 11 SUMMARY OF BONDS REFUNDED TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Maturity Interest Par Call Call Bond Date Rate Amount Date Price Series 1998: SERIAL 12/01/2010 4.800% 360,000.00 12/01/2011 4.900% 380,000.00 12/01/2010 100.000 TERM 12/01/2018 5.000% 3,250,000.00 12/01/2010 100.000 3,990,000.00 Pip erJaffray. Page 11 Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. ESCROW DESCRIPTIO�aS TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Type of Type of Maturity First Int Par Max Security SLGS Date Pmt Date Amount Rate Rate Oct 28, 2010: SLGS Certificate 12/01/2010 12/01/2010 4,089,200 0.070% 0.070% 4,089,200 SLGS Summary SLGS Rates File 28SEP10 Total Certificates of Indebtedness 4,089,200.00 Piperjaffray. Page 12 Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. Page 13 ESCROW COST TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Type of Maturity Par Total Security Date Amount Rate Cost SLGS 12/01/2010 4,089,200 0.070% 4,089,200.00 4,089,200 4,089,200.00 Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 10/28/2010 4,089,200 4,089,200.00 4,089,200 0.00 4,089,200.00 Pipe rJaffray. Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. Date 12/01/2010 ESCROW CASH FLOW TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Principal 4,089,200.00 4,089,200.00 Net Escrow Interest Receipts 266.64 4,089,466.64 266.64 4,089,466.64 Escrow Cost Summary Purchase date Purchase cost of securities Piped affray. 10/28/2010 4,089,200.00 Page 14 Sep 28, 2010 1:12 pm Prepared by Piper Jaffray & Co. ESCROW SUFFICIENCY TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Escrow Net Escrow Excess Date Requirement Receipts Receipts 12/01/2010 Piperjaff ray. 4,089,200.00 4,089,200.00 Excess Balance 4,089,466.64 266.64 266.64 4,089,466.64 266.64 Page 15 Sep 28, 2010 1:12 pm Prepared by Piper Jaffmy & Co. Page 16 ESCROW STATISTICS Piperjaffray, TOWN OF AVON, COLORADO CERTIFICATES OF PARTICIPATION IN LEASE PURCHASE AND SUBLEASE AGREEMENT SERIES 2010 (Refunding & New Money) Modified Yield to Yield to Perfect Value of Total Duration Receipt Disbursement Escrow Negative Cost of Escrow Escrow Cost (years) Date Date Cost Arbitrage Dead Time Series 2010 (Refund 1998 COPS): DSRF 563,570.00 0.092 0.071148% 0.071148% 563,570.00 2,093.83 BP 3,525,630.00 0.092 0.071143% 0.071143% 3,525,630.00 13,098.81 4,089,200.00 4,089,200.00 15,192.64 0.00 Delivery date 10/28/2010 Arbitrage yield 4.174717% Piperjaffray, $6,800,000* TOWN OF AVON, COLORADO Refunding Certificates of Participation, Series 2010 Draft Timetable, as of September 30, 2010 S M T W T F S 1 2 3 4 5 F T] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 9/17/10 Time TBD -2 Document Review Session Location: Sherman & Howard All 9/20/10 POS Distributed (Estimate) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Final Closing Documents Distributed All 11/16/10 Closing All S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E261 26 27 28 29 30 Date Event Responsibility 9/9/10 Revised Legal Documents Distributed BC 9/17/10 Time TBD -2 Document Review Session Location: Sherman & Howard All 9/20/10 POS Distributed (Estimate) BC 9/28/10 . Send Documents to Rating Agencies • First Reading of the Ordinance BC /UW A 10/11/10 Ratings Calls with Agencies: • 10:00 a.m. Moody's • 12:00 p.m. S &P A/UW 10/12/10 Second Reading of the Ordinance 10/15/10 . Receive Ratings and Insurance Quote • Post POS UW BC 10/21/10 . Market Bonds • CPA Signed UW A 10/22/10 Final OS Distributed for Comments BC 10/26/10 . Closing Documents Distributed • Comments Back to Bond Counsel on OS All 11/1/10 Final OS Printed and Distributed Printer 11/5/10 Final Closing Documents Distributed All 11/16/10 Closing All A - Town of Avon, Staff and Consultants BC - Bond Counsel and Disclosure Counsel (Sherman & Howard) UW - Underwriter (Piper Jaffray & Co) * Estimate Piperjaff ray. HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: October 5, 2010 SUBJECT: Ord 10 -14 — 1,5t Reading of Development Code Summary: The Town Council conducted a public hearing on September 28, 2010 regarding first reading of Ordinance No. 10 -14 adopting the Avon Development Code. After considering public comments and discussion various issues, Council provided direction to Town Staff to prepare certain revisions to the proposed Avon Development Code for adoption on first reading. The Town Council continued the public hearing for first reading of Ordinance No. 10 -14 until October 12, 2010 to allow Town Staff to prepare revisions. The following revisions to the Avon Development Code are presented for your consideration: 1. Housing Mitigation: Amend footnote [4] of Table 7.20 -7 as follows: [4] Maybe increased to 60% if employee housing mitigation is provided in accordance with 7 20.100. Amend footnote [4] of Table 7.20 -8 as follows: [4] May be increased to 70% if .e_mplo_yee housing mitigation is provided in accordance with §7.20.100. Amend footnote [5] of Table 7.20 -9 as follows: [5] May be increased to 80% if employee housing mitigation is provided in accordance with X7.20.100. Amend 7.20.100 to read as follows: 7.20.100 Employee Housing Mitigation. When applicable,_ employee housing mitigation shall be provided in accordance with these standards: Heil Law 8 Planning, 11C Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil@avon.org Avon Town Council RE: Revisions to 18t Reading of Avon Development Code October 5, 2010 Page 2 of 5 (a j To determine the number of employee housing, units that must be provided, the following formula shall be used: COMMERCIAL FACTOR CALCULATION Size of Development Leasable Square Feet Jobs generated 2.8 per 1,000 SF rate x SF /1,000 Employees generated 1.2 jobs per employee Jobs generated / 1.2 Households generated 1.8 employees per unit Em to ees generated/1.8 Units Required 10% miti ation rate Households generated x 10% LODGING AND PROPERTY MANAGEMENT Size of Development # Rooms or # Units Jobs generated Lodge /Hotel - 0.8 /Room Prop. Management - 0.4 /Unit # rooms x 0.8 # units x 0.4 Employees generated 1.2 jobs per employee Jobs generated / 1.2 Households generated 1 1.8 employee per unit Employees generated/1.8 Units r wired 1 1212 ation rate Households generated x 100/6 The rquired employee housing mitigation shall be rounded to the nearest whole number. (b) Employee housi g units_ shall be located on -site. The applicant may propose alternatives to on -site emvlovee housing mitigation in accordance with the alternative equivalent compliance vrocess set forth in 47.16.120. When considering proposals for off -site employee housing, preference shall be given to locations closer to the applicant's property, locations in the Town of Avon. and locations which are served by mass transit. (c) Employee housing units shall be owned by the owner of the commercial space for which the employee housing units serve and shall be used exclusively by employees of such commercial space• or employee housing units shall be offered for sale subject to a deed restriction that restricts the appreciation of price and which restricts eligible buyers and renters in accordance with the form of price controlled housing deed restriction adopted by the Town of Avon. Applicants may voluntarily propose to meet the employee housing units with rent controlled units through the alternative equivalent compliance process. 2. Duplex Subdivision: All revisions concerning procedures for subdivision of duplex lots shall be deleted and special procedures for subdivision of duplex lots in Wildridge shall be proposed as an independent application to be prepared by the Avon Town Staff. 7.16.070(b)(3) Duplex Subdivision — delete. 7.16.070(d)(3) Duplex Subdivision — delete. 7.16.070(8) Duplex Subdivision Criteria — delete. 3. Comprehensive Plan: Provisions related to the effect of the Avon Comprehensive Plan documents have been revised to clarify the role of the Avon Comprehensive Plan in relationship to the land use regulations and review criteria in the Avon Avon Town Council RE: Revisions to 1°t Reading of Avon Development Code October 5, 2010 Page 3 of 5 Development Code. The revisions retain designation of the Avon Comprehensive Plan as a review criterion for various development applications but allows the PZC and Town Council to `override" any language in the Avon Comprehensive Plan documents which purports to require mandatory compliance with a policy, guideline or other provision. 7.04.090 - revise to read as follows: "7.04.090 Relationship to Comprehensive Plan jja Implementation. It is the intention of the Town that the Development Code implements the planning policies adopted in the Town of Avon Comprehensive Plan (Lncluding related documents as all may -.be amended or updated from time to time as defined in Section 7.08). for the Town of Avon and its extraterritorial planning area. This Development Code and any amendment to it may not be challenged on the basis of any alleged nonconformity with the Comprehensive Plan. Binding. Pursuant to §31 -23 -206, C.R.S. the Avon Comprehensive Plan as defined in this Development Code shall be binding except as provided herein. Compliance or consistency with the Avon Comprehensive Plan shall be a criterion for review of development applications as set forth in this Development Code. Persons other than the Applicant shall not have any legal right or claim to challenge a determination by the Town of compliance or consistency with the Avon Comprehensive Plan. language in the Avon Comprehensive Plan document which states that any provision, guideline or policy is mandatory shall be subject to this section 7.04.090. This section 7 04 090 shall apply and Mersede any language contained in the Avon Comprehensive Plan documents concerning interpretation and application of any Avon Comprehensive Plan document. In all cases where compliance or consistency with the Avon Comprehensive Plan is a criteria for review, the reviewing entity may determine that strict compliance with Avon Comprehensive Plan is not required under the following circumstances: (1) The development application is consistent with the general goals and intent of the Avon Comprehensive Plan taking into consideration the unique circumstances of the ,property. market conditions and the current needs of the community, (2) Strict compliance with multiple provisions of the Avon Comprehensive Plan is not practical• a - - (3) The procedures for amending the Avon Comprehensive Plan are not beneficial as applied to the development implication for the purpose of promoting Dublic involvement, community_ la�g,,updating the Avon Comprehensive Plan, or adopting or clarifying the precedence of a decision. .(c) Prior Amendment Required. An amendment to the Comprehensive Plan will be required prior to any approval of a rezoning, PUD, subdivision or annexation approval where a development proposal would be in substantial conflict with the Comprehensive Plan. A substantial conflict shall be deemed to exist when a rezoning, PUD, subdivision or annexation proposal is not consistent with the Future Land Use Plan in the Comprehensive Plan. A substantial conflict may be found to exist when a rezoning, PUD, subdivision or annexation proposal is found to conflict with athef geals a specific policies of the Comprehensive Plan." Avon Town Council RE: Revisions to 1$` Reading of Avon Development Code October 5, 2010 Page 4 of 5 7.08.010 Comprehensive Plan amend to read as follows: "Comprehensive Plan means the 2006 Town of Avon Comprehensive Plan; The West Town Center District Investment Plan The East Town Center District Plan_(Alav 8;; The Master Plan for Harry A. ..Nottingham Park 6Vg �emb •- "114 The Town of Avon Recreational Trails Master Plan •F'-°b,,..dFY ; and, The Town of Avon Comprehensive Transportation Plan (3 { ) , any other document adopted as a supplement or sub -area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time provided that such amendments or supplemental documents are adopted by ordinance." 7.16.030(b) amend to read as follows: "7.16.030(b) Review Authority. The PZC shall review applications for amendments to the Avon Comprehensive Plan and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on an application to amend the Avon Comprehensive Plan after conducting a public hearing. Amendments to the Avon Comprehensive Plan shall be approved by feseiu44enordinance of the Town Council." 4. 3d Renderings: Council received a public comment that the Town should require three dimensional renderings of certain projects in a universal format in order to build a three dimensional data base of the Town's built environment. The Community Development Director is authorized to establish the details of application submittal requirements; however, a specific additional sentence is added to this authority to expressly permit requiring three dimensional information. 7.16.020(b)(2) amend in part to add one sentence as follows: "7.16.020(b)(2) Application Submittal Requirements. The applicant shall submit the application to the Director. Application submittal requirements for every application type shall be established by the Director on submittal forms available in the Administrative Manual from the Department of Community Development or on the Town's website. The Director may adopt standards and requirements for three dimensional electronic and graphic information for application submittal requirements. The Director may waive submission requirements where appropriate to specific applications; however, the waiver of any submission requirement shall not preclude the Planning Commission or Town Council from requiring such information where deemed necessary for evaluation of the development application with the applicable review criteria. The minimum submittal requirements for all applications shall include:" 5. 7.04.110(d): Revisions to this section reconcile the Development Code with the intent of Emergency Ordinance No. 10 -15 to permit development applications submitted prior to the effective date of the Development Code to be processed under the Avon Municipal Code in effect at that time. 7.04.110(d) revise to read as follows: "7.04.110(d) Preliminary Subdivision and PUD Approvals. Preliminary subdivision and preliminary PUD approvals granted prior to the effective date of the Development Code shall be considered as approved pursuant to the Development Code. a lleati6n- Subrfiiiital- requirem S and develop it _ a„a desig andar-d& eaiitaiiied in the Development Avon Town Council RE: Revisions to 1$` Reading of Avon Development Code October 5, 2010 Page 5 of 5 Code unless speeifie eenfliet previsions or standaMs. wtFe uppfovt4 with a ,;ested kgM by the Tewn by Dvvelopt"eft�-C . Preliminary subdivision and PUD approvals granted under the previous regulations shall be valid for two (2) years from the date of approval unless a vested right providing a longer period was granted by the Town Council by ordinance. Extensions of preliminary subdivision plats and preliminary PUD plans may be granted in accordance with 7.16.020(h). Failure to obtain a final plat or final planned unit development plan approval in the allowed time shall result in the expiration of the preliminary plan. Applications for final subdivision plat and final planned unit development plan shall follow application submittal requirements and review procedures in this Development Code and shall be subject to the standards and review criteria in this Development Code provided that this Development Code shall not be so applied as to alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of a site specific development plan with vested property rights as_defined and approved by the Town of Avon." 6. Delete Temporary Building Suspension: Delete any temporary suspension or moratorium provisions when code amendments are proposed to comply with the intent of Emergency Ordinance No. 10 -15. 7.16.040(d) — delete. 7.16.050(e) — delete. 7. 7.16.060(a): Revise this section in part to replace one word as follows: "7.16.060(a) Purpose. This section is intended to eneeufageallow flexible development patterns that are not specifically provided for in this Development Code." 8. Special Review Use: 7.16.100(f)(1) revise to read as follows: "Developments and uses granted by a special review use permit shall be developed or established in accordance with an approved development schedule or within one two 2 years of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the expiration of the permit." Memorandum To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager From: Sally Vecchio, Ass'tTown Manager /Comm. Dev. Date: October 6, 2010 Re: Land Use Code Revisions — Sec. 7.04.120 Non Conforming Uses and Structures During their discussion of the Development Code at the Sept 28, 2010 public hearing, the Council considered whether the Non - Conforming Use and Structures regulations (Sec. 7.04.120), might have an adverse affect on the owners of non - conforming structures that are destroyed by more than fifty percent. After lengthy discussion, staff understood the majority of Council to say that they were satisfied with the regulations as written, with one request to see if staff could address Councilman Reynolds' concern with the potential affects these regulations might have. In recognition that these regulations could result in a burden to the owner of a damaged nonconforming structure, staff has added a provision to the regulations that gives the Planning Commission the authority to approve the replacement of a non - conforming structure, provided that the applicant sufficiently addresses specific criteria. The following revisions to Sec. 7.04.120, Non - Conforming Uses and Structures, are provided below for Council consideration. Sec. 7.04.120 Non - Conforming Uses and Structures (a) Intent. Within the districts established by this zoning code, or amendments thereto that may be adopted, there may exist lots, structures and uses of land and structures, which were lawfully established before this Development Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Development Code or by future amendment to this Development Code. It is the intent of this Section to permit these nonconformities to continue until they are removed, abandoned or more than fifty percent (50 %) destroyed. It is the further intent of this Section that nonconforming structures and uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as provided in this section. (b) Uses of Land. Where at the time of the passage of this Development Code, or amendment thereof, lawful use of land existed which would not be permitted by the regulations imposed by this Development Code, the use may be continued so long as it remains otherwise lawful, provided: (1) No such nonconforming use shall be enlarged or increased, nor extended to occupy greater area of land than was occupied at the effective date of adoption or amendment of this Development Code; (2) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Development Code; (3) Any such nonconforming use of land which ceases for any reason for a period of one (1) year shall be deemed abandoned, then any subsequent use of such land shall conform to the regulations specified by this Development Code for the district in which such land is located; and, (4) No additional structure, not conforming to the requirements of this Development Code, shall be erected in connection with such nonconforming use of land. (c) Structures. Where a lawful structure existed at the effective date of adoption or amendment of the Development Code that could not be built under the terms of this Development Code by reason of restrictions on area, lot coverage, height, location on the lot or other requirements concerning the structure, such structure may continue to exist so long as it remains otherwise lawful, subject to the following provisions: (1) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; (2) Should fifty percent (50 %) or more of such nonconforming structures or nonconforming portion of a structure be destroyed by fire or other disaster any-meapm it shall not be reconstructed except in conformity with the provisions of this zoning code unless a „tee-- is nobtnineed a permit for repair or reconstruction of a damaged nonconforming structure is issued pursuant to sub - section (d) below; (3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after having been moved; (4) Additions or alterations to a non - conforming structure which meet the requirements of the Development Code shall not be prohibited; and (5) Additions or alterations to a non - conforming structure in the Town Center zone district shall not be required to comply with building orientation, minimum setbacks, or building entry requirements when compliance with such requirements is determined by the Town to not be practical orfeasible. (d) Repair or Reconstruction of Nonconforming Structures. Compliance with all of the requirements of this Development Code may result in a hardship or burden to the owner of a damaged nonconforming structure. The owner of a nonconforming structure which is damaged by fire or other disaster by more than fifty percent (50 %) of its replacement cost may apply to the Planning Commission for a permit to repair or reconstruct the nonconforming structure in a manner which does not fully comply with the requirements of this Development Code. The Planning Commission shall use the criteria set forth in this section to review an application to repair or reconstruct a damaged non - conforming structure. The decision of the Planning Commission may be appealed to the Town Council in accordance with Section 7.16.160. 2 Criteria for Review: (1) The damage to the nonconforming structure was not caused by the intentional act or criminal conduct of the owner of the nonconforming structure, or the owner's agent or re resentative. (2) The__r__epair or reconstruction of the damaged nonconforming structure as proposed by the applicant will not result in a greater degree of nonconformity than existed immediately prior to the structure being damaged; (3) The repair, or reconstruction of the damaged nonconforming structure as proposed by the applicant will be compatible and consistent with the existing development character in the immediate vicinity of the damaged structure; (4) The damaged nonconforming structure has been brought into compliance with the requirements of this Development Code to the maximum extent practical; and, (5) The continuation of the nonconformity would not threaten the health or safety of the Avon community, would not present risk of damage or injury to property or persons, and would not materially or adversely affect property values. (e) Uses of Structures or of Structures and Premises in Combination. If lawful use involving individual structures, or of structures and premises in combination, existed at the effective date of adoption or amendment of the Development Code that would not be allowed in the district under the terms of this Development Code, that use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No existing structure devoted to a use not permitted by this zoning code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; (2) Any nonconforming use may not be extended throughout any parts of a building, unless such building was manifestly arranged or designed for such use at the time of adoption or amendment of the Development Code, but no such use shall be extended to occupy any land outside such building; (3) Any structure, or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed; (4) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of one (1) year, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and, (5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction, for the purpose of this Subsection, is defined as loss of fifty percent (50 %) or more or of substantial damage to the structure. 3 Memo To: Honorable Mayor and Town Council Thru: Lang Brooks, Town Manager Legal Review: Eric Heil, Town Attorney From: Jennifer Strehler, Director of Public Works and Transportatioruq_�S_ Date: 0c+c)6.er 2, Aoic) Re: Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds Summary: Town Council originally passed an ordinance in April 2010 amending the town code regarding noxious and nuisance weeds. Approval of the ordinance is now needed to fulfill a state requirement regarding a 30 -day public notice period. Public notice for this September 28th hearing was posted on August 27, 2010 at the Town's customary public notice locations. Also the associated noxious weed management plan has been amended to add several weeds designated by the state for control or eradication in Eagle County which were previously not included. A motion approving of the updated management plan is also needed. Previous Council Actions: On April 13, 2010, Town Council discussed proposed Ordinance 10 -06, "An Ordinance Enacting Noxious Weed Control Regulations" which revised § §8.24.046 of the Avon Municipal Code entitled "Undesirable Plants" (1992) and also § §8.24.045 entitled "Weeds" (1983). It was approved upon first reading but with the request that the originally proposed language regarding non - noxious but nuisance weeds and grass mow heights be removed. Staff made these changes and submitted a revised ordinance for consideration on April 27, 2010. On April 27, 2010, a public hearing was held regarding Ordinance 10 -06. The Town Council approved Ordinance 10 -06 upon second reading. The new ordinance language can be found in §8.36 of the Avon Municipal Code. Town received communications disputing the Town's legal authority to enforce locally designated noxious weeds. Although the Town did post notice of Ordinance No. 10 -06 Adopting Noxious Weed Regulations 30 days prior to the first reading of Ordinance No. 10 -06; the Town Attorney has recommended that the Town re- notice the local designation of noxious weeds. Page 1 of 4 Council Memo Background: The Colorado Noxious Weed Act §§ 35- 5.5.101 through 119 (CRS 2003) requires local governments to rules set forth in 8 CCR 1206 -2 and in the Act to control the spread of noxious weeds. The state requires counties, cities, and towns to adopt a specific noxious weed management plan. Avon is compliant this regard, with the Town Council acting as the local Weed Management Advisory Commission. A copy of the public notice posted for this hearing is attached. This notice was posted on August 27, 2010 at the Town's customary public notice locations. Discussion: Avon's Noxious Weed Management Plan includes all of the state's List A species plus the species listed below. Species ID # 18 -26 have been added to Avon's plan since the previously approved April version. These were added because they are identified for control or eradication in Eagle County in 8 CCR 1206 -2. In the event the state adds another species to List A or to List B with an explicit requirement for eradication in Eagle County, Avon's management plan "automatically updates" to include such added species. Management Method # 1 2 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 Common Name: Leafy Spurge Russian Knapweed Diffuse Knapweed Spotted Knapweed Canada Thistle Musk Thistle Plumeless Thistle Scotch Thistle Houndstongue Whitetop/Hoary Cress Yellow Toadflax Oxeye Daisy Dalmatian Toadflax Common Tansy Scentless Chamomile Salt Cedar Yellow Sweet Clover Black henbane Bull Thistle Chinese clematis 21 Eurasian watermilfoil 22 Perennial pepperweed 23 Russian-olive 24 Spurred anoda 25 Sulfur cinquefoil 26 Venice mallow Scientific Name: Euphorbia esula Acroptilon repens Centaurea diffusa Centaurea maculosa Cirsium arvense Carduus nutans Carduus acanthoides Onopordum acanthium Cynoglossum ofcinale Cardaria draba Linaria vulgaris Chrysanthemum leucanthemum Linaria dalmatica Tanacetum vulgare Matricaria perforate Tamarix chinensis Melilotus ofcinalis Hyoscyamus niger Cirsium vulgare Clematis orientalis Myriophyllum spicatum Lepidium latifolium Elaeagnus angusifolia Anoda cristata Potentilla recta Hibiscus trionum At a minimum, the state requires the local authority to eradicate all of the List A Page 2 of 4 Council Memo species and either eradicate or control all List B species. Some List B species are more or less of a threat in a particular geographic area, as described in 8 CCR 1206 -2. It is important to understand that the state's rules and regulations regarding noxious weeds and best management practices are still evolving. For example, at the time of adoption of 8 CCR 1206 -2, the state did not have a formal management approach to all List B species (e.g., Canada thistle, Russian Olive). Since that time, federal, state, and county best management practices have been developed. In using the term 'control," the state rules may mean either "elimination of all populations" or "suppression ", with the distinction depending on the specific plant and a specific geographic area. Local home rule authorities are legally empowered to include additional species in the locally managed noxious weed list. Local governments are not limited by state law to regulate only those plants on the state's List A, B or C. Also, Local governments do not need to wait for the state to publish their plan for management of a particular species in order to take local action. Yellow Sweet Clover ( #17 in list above) is the only species on Avon's designated noxious weed list that is not currently included on any of the states A, B or C list. This plant is highly prevalent on many disturbed or poorly re- vegetated sites in Avon. Town staff originally included this plant in the April list because technical sources report it to be invasive, produce over 100,0000 seeds per plant, outcompete native vegetation, cause anti - coagulation properties in the blood of grazing animals, and be very high in pollen.' Eagle County's Weed Coordinator, Tim Girard, commented that this plant has been used in re- vegetation mixes and can be beneficial for bee keepers. While Avon staff recognizes this, they recommend continued inclusion of this species in Avon's noxious weed list due to all of its other negative attributes. Financial Implications: No change. Recommendation: Staff recommends passage of Ordinance 10 -06 and approval of the updated Noxious Weed Management Plan. Motion: "I move to approve Ordinance 10 -18, Series 2010, Adopting Local Designation of Noxious Weeds." Town Manager Comments: V 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.ustfhpAnvasive plants /weeds /yellow sweetclover.adf 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://i)lants.usda.gov/ffiava/profile?svmbo[=MEOF. Page 3 of 4 Council Memo Exhibits: • Copy of Notice • Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds • Exhibit A: Noxious Weed Management Plan to Ordinance No. 10 -18 Page 4 of 4 Council Memo NOTICE OF PUBLIC HEARING REGARDING DECLARATION OF ADDITIONAL NOXIOUS WEEDS Notice is hereby given, that the Town Council of the Town of Avon, shall conduct a public hearing at the Avon Town Hall, located at One Lake Street, Avon, Colorado, on September 28t`, 2010, at 5:30 p.m. or as soon thereafter as possible, regarding the designation of additional noxious weeds. Written comments may be e- mailed to Avon Public Works weeds�u;avon.org or may be mailed to Town of Avon, P.O. Box 975, Avon, CO 81620. Written comments received by September 22, 2010 shall be included in the Town Council materials for their review and consideration. Copies of the Town of Avon Noxious Weed Management Plan may be obtained from the Town Hall during normal business hours or by Gary Padilla, Avon Road and Bridge Superintendent, Avon Public Works (970) 748 -4100 or via e-mail at weeds �,avon.org. The Town of Avon has adopted by reference the List A species as designated by the State of Colorado, Department of Agriculture, in 8 CCR 1206 -2. The authority for local declaration of noxious weeds is pursuant to the Colorado Noxious Weed Act, Article 5.5, Title 35, Colorado Revised Statute, Ordinance No. 10 -06 AN ORDINANCE ENACTING NOXIOUS WEED CONTROL REGULATIONS, and by the Town of Avon's home rule authority. The declaration of additional noxious weeds includes: Black henbane (Hyoscyamus niger) Bull Thistle (Cirsium vulgare) Canada thistle (Cirsium arvense) Chinese clematis (Clematis orientalis) Common tansy (Tanacetum vulgare) Dalmatian toadflax, broad - leaved (Linaria dalmatica) Diffuse knapweed (Centaurea diffusa) Eurasian watermilfoil (Myriophyllum spicatum) Hoary cress (Cardaria draba) Houndstongue (Cynoglossum officinale) Leafy spurge (Euphorbia esula) Musk thistle (Carduus nutans) Oxeye daisy (Chrysanthemum leucanthemum) Perennial pepperweed (Lepidium latifolium) Plumeless thistle (Carduus acanthoides) Russian knapweed (Centaurea repens) Russian-olive (Elaeagnus angusifolia) Salt cedar (Tamarix chinensis, T.parviflora, and T. ramosissima) Scentless chamomile (Matricaria perforata) Scotch thistle (Onopordum acanthium) Spotted knapweed (Centaurea maculosa) Spurred anoda (Anoda cristata) Sulfur cinquefoil (Potentilla recta) Venice mallow (Hibiscus trionum) Yellow sweet clover (Melilotus officinalis) Yellow toadflax (Linaria vulgaris) Copy of Notice TOWN OF AVON, COLORADO ORDINANCE 10 -18 SERIES OF 2010 AN ORDINANCE ADOPTING LOCAL DESIGNATION OF NOXIOUS WEEDS WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council is authorized to declare nuisances, establish fines and penalties, and require abatement of public nuisances pursuant to its home rule authority and pursuant to Colorado Revised Statute §31- 15- 401(1)(c); and WHEREAS, the Town Council is authorized to provide for the removal of weeds pursuant to Colorado Revised Statutes §31- 15- 401(1)(d); and WHEREAS, the Town Council is authorized to implement and enforce the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -101 et. seq.; and WHEREAS, C.R.S. §35 -5.5- 108(3) provides that the governing body of a municipality may declare additional noxious weeds after a public hearing with thirty days notice to the public; and WHEREAS, notice of the local designation of noxious weeds was posted on August 27, 2010 in accordance with requirements in Home Rule Charter of the Town of Avon; 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; and 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. Adoption of Local Designation of Noxious Weeds. The Town Council, as the governing body of the Town of Avon, hereby adopts the local designation of noxious weeds as Ord. No. 10-18 Adopting Local Designation of Noxious Weeds Page 1 of 3 V19.22.10 such weeds are set forth in the Town of Avon Noxious Weed Management Plan, dated August 27, 2010, attached hereto as Exhibit A. Section 3. Noxious Weed Management Plan Adopted. The Town of Avon Noxious Weed Management Plan, dated August 27, 2010, attached hereto as Exhibit A is hereby adopted in its entirety. 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 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 Ord. No. 10 -18 Adopting Local Designation of Noxious Weeds Page 2 of 3 V19.22.10 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. Ord. No. 10 -18 Adopting Local Designation of Noxious Weeds Page 3 of 3 V3 9.22.30 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 12, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on September 28, 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 October 12, 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. 10-18 Adopting Local Designation of Noxious Weeds Page 4 of 3 V19.22.10 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN ADOPTED BY THE TOWN COUNCIL ACTING AS THE LOCAL WEED ADVISORY BOARD ON OCTOBER 12, 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 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 18 Black henbane 19 Bull Thistle 20 Chinese clematis 21 Eurasian watermilfoil 22 Perennial pepperweed 23 Russian-olive 24 Spurred anoda 25 Sulfur cinquefoil 26 Venice mallow Scientific Name: Euphorbia esula Acroptilon repens Centaurea diffusa Centaurea maculosa Cirsium arvense Carduus nutans Carduus acanthoides Onopordum acanthium Cynoglossum off cinale Cardaria draba Linaria vulgaris Chrysanthemum leucanthemum Linaria dalmatic Tanacetum vulgare Matricaria perforate Tamarix chinensis Melilotus ofcinalis Hyoscyamus niger Cirsium vulgare Clematis orientalis Myriophyllum spicatum Lepidium latifolium Elaeagnus angusifolia Anoda cristata Potentilla recta Hibiscus trionum 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 Town of Avon: Noxious Weed Management Plan Page 1 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds 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.2 It is expressly understood in this Plan that the above - referenced list shall be inclusive of all "List A" species of noxious weeds to the extent they are found within the Town of Avon and identified for mandatory eradication by the State of Colorado. It is also expressly understood that any and all "List B" species of noxious weeds not currently listed above, but later found within the Town of Avon and identified by the state for mandatory eradication pursuant to state regulation 8 CCR 1203- 19, shall be incorporated into this plan and that no amendment hereto shall be necessary prior to taking enforcement action for the eradication of said species. The Town of Avon may annually review and update this list of noxious weeds pursuant to state statute, or sooner if necessary. I. Introduction The noxious weeds that have currently invaded our community have become 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, 2 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.uslfhp//invasive olants /weeds /yellow sweetclover.odf 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/'ava/profile?symbol=MEOF. Town of Avon: Noxious Weed Management Plan Page 2 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds 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. IV. Managed Species Information 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. Town of Avon: Noxious Weed Management Plan Page 3 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds 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. 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: Town of Avon: Noxious Weed Management Plan Page 4 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds a) Cultural: Good grazing management is one of the best defenses against the spread of knapweeds on the range and pasture lands. Proper stocking rates, good livestock distribution and correct timing and deferment of grazing are essential to the maintenance of a healthy range or pasture environment. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Two kinds of seed head gall flies ( Uphora afns and Uphora quadrifaciata) attack the seed heads of Spotted knapweed. The larvae of the files induce galls in immature flower heads thus directing nutrients away from seed production. These flies will reduce seed production of the plant but not sufficiently to stop its spread. d) Mechanical: Deep plowing can reduce the stand density. 5. Canada Thistle — (Cirsium arvense ) A perennial weed with an extensive root system, Canada Thistle reproduces both by seed and by vegetation buds on the roots. This requires a much more extensive management plan than the biennial thistles. Management Methods: a) Cultural: Cultivation may increase the number of plants by spreading the roots to new areas where they may become established. Competitive crops, especially alfalfa and forage grasses may be used to control Canada thistle infestations. Choose aggressive grass with early season vigor to plant in areas where Canada thistle is present. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Ceutorhynchus litura is a stem weevil whose larvae mine tissues of the leaf, root crown and root. Outward signs of damage by this larvae are not readily apparent but secondary damage is caused by other organisms which enter the plants through exit holes made by the larvae. Urophora cardui is a stem gall fly whose larvae cause galls to form on the stem of Canada thistle plants. The galls reduce the plant's vigor making it less able to compete with other plants or to resist pathogens or attacks by other insects. It is essential that both of these insects be combined with other methods of control for adequate management of Canada thistle. d) Mechanical: Mowing can be an effective tool when combined with herbicide treatment. Mowing alone is not effective unless conducted at two week intervals over several growing seasons. Mowing should always be combined with cultural and chemical control. 6. Musk Thistle — (Carduus nutans) is a biennial weed. Biennial weeds are best controlled in their first year of growth. Very commonly found noxious weed in Eagle County. Management Methods: a) Cultural: The best way to prevent or reduce the amount of biennial thistle is to manage areas that are susceptible to invasion b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. Town of Avon: Noxious Weed Management Plan Page 5 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds 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 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. Comments: 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 ofcinale) 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. Town of Avon: Noxious Weed Management Plan Page 6 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting local Designation of Noxious Weeds d) Mechanical: No scientific data is available on mechanical control for this species. Mowing just prior to seed set may reduce overall seed production, but must repeated several times during the growing season. 11. Yellow Toadflax - (Linaria vulgaris) This deep- rooted perennial plant is an aggressive invader of rangeland, pasture and waste areas. Once established on a site it is one of the most difficult noxious weeds to control. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 12. Dalmation Toadflax — (Linaria dalmatica) An introduced perennial with a creeping root system. This plant may suppress desirable grasses even in well managed rangeland or pastures. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 13. Oxeye Daisy — (Chrysanthemum leucanthemum) A member of the sunflower family is an erect perennial plant with white ray and yellow disk flowers which bloom from June through August. A native of Eurasia, this aggressive plant has escaped cultivation and become a troublesome weed in the Intermountain West. Management Methods: Town of Avon: Noxious Weed Management Plan Page 7 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds a) Cultural: Maintain range and pasture in good condition through proper irrigation and fertilization. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: None known d) Mechanical: Hand pulling or digging before seed head production can used to effectively control small infestations. However, for this method to be successful it is important to remove as much of the underground part as possible. 14. Scentless Chamomile — (Marticaria perforata) An escaped ornamental plant, this annual has become widely established in the eastern part of Eagle County and is a threat to native plant communities. Management methods: a) Cultural: Learn to identify the plant and physically remove them when they first appear. Seed competitive cool season grasses that out compete this plant at its early stage of growth. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: No known biological controls d) Mechanical: Since it is an annual plant, chamomile can be controlled by hand pulling, cultivation, or any type of physical disturbance. 15. Common Tansy - (Tanacetum vulgare) An escaped ornamental, is a perennial plant, from 1 Meet 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. This is an aggressive plant that outcompetes native vegetation and consumes a lot of water. 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. Town of Avon: Noxious Weed Management Plan Page 8 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds 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. d) 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. 18. Black henbane (Hyoscyamus niger) was introduced from Europe as an ornamental and medicinal herb; it is now found across on the western slope of Colorado. A mature plant reaches 1 to 3 feet in height with foliage that has a fowl odor. Fruits are approximately 1 inch long with 5 lobes. It is often found in disturbed open spaces, roadsides, fields, waste places and abandoned gardens. It grows in most soil types but likes sandy or well drained loam soils. The seed viability or longevity is considered to be 1 to 5 years. All parts of Black henbane are poisonous to both livestock and humans when ingested. The plant is a strong competitor for moisture and nutrients and produces a persistent litter effecting germination and growth of native plants. Management Methods: Town of Avon: Noxious Weed Management Plan Page 9 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds a) Cultural: Cultural controls are possible in theory, but are very time consuming and expensive. Complete removal of any seedlings or newly established plants by continual hand pulling is also possible. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: N/A d) Mechanical: Hand pull or dig from moist soil, so the entire tap root system can be removed. Tillage will control henbane, but is usually not recommended due to the land it occupies: rangeland, roadsides and pastures. Be sure to bag specimens carefully if removed during or after flowering. Comments: A preventable measure is to guard against disturbance and overgrazing. Controlling plants in the spring or early summer prior to seed production is most effective, follow -up treatments are recommended to pick up missed or late bolting plants. 19. Bull Thistle (Cirsium vulgare) is a biennial forb that was accidently introduced to North America as a seed contaminant. In Colorado, Bull thistles are the only species that are prickly hairy on the top and are cottony -hairy on the undersides of the leaves. Mature plants can produce up to 4,000 seeds per plant. Commonly seen in areas such as pastures, overgrazed rangeland, roadsides, and logged areas. It is not especially shade tolerant. Bull thistle is an aggressive weed and is often a transient species, appearing in recent clear cuts or disturbed areas and becoming a dominant species for several years. It has been reported to cause hay fever in some individuals and is often confused with musk thistle. Bull thistle infestations have been reported to occur in nearly all Colorado counties west of the continental divide, in the Upper Arkansas Watershed, and in pockets on the plains. Heavy infestations can reduce livestock forage. The presence of bull thistle in hay decreases the forage value and lowers the market price. Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance and seed dispersal, eliminating seed production and maintaining healthy native communities. Contact your local Natural Resources Conservation Service for seed mix recommendations. Maintain healthy pastures and prevent bare spots caused by overgrazing. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Urophora stylata, a fly predator, is used to help control this thistle. The female fly lays eggs in the seed head of the thistle. The maggot then consumes the seed in the flower. This species has overwintered in Colorado but the limited numbers will not allow for general redistribution. For more information, contact the Palisade Insectary of the Colorado Department of Agriculture at 970 - 464 -7916. d) Mechanical: Because biennial thistles do not reproduce from their roots, any mechanical or physical method that severs the root below the soil surface will kill the weed. It is necessary to revegetate the site with desirable plants. Tillage, hoeing, or even hand- Town of Avon: Noxious Weed Management Plan Page 10 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds pulling should be successful (not on rangeland), providing it is done before the reproductive growth stages. Comments: The key to effective control is maintaining healthy pastures and rangeland, guarding against disturbance or overuse, and to limit seed production by collecting and destroying plants with seeds. Chemical control is most effective when plants are in rosette stage, spring or early fall. Mechanical controls can be used to eliminate small patches or plants in a later growth stages. 20. Chinese clematis (Clematis orientalis) is an herbaceous to woody vined perennial which can climb up to 12 feet. It is native to Eurasia. It has solitary flowers with four yellow sepals (flowering from August to September) which produces numerous feathery, long - tailed fruits which are conspicuous all winter. This plant prefers roadsides, riparian corridors, and rocky slopes although it is sometimes found in open woods. This species can cause death to young trees and brush. It outcompetes native shrubby and herbaceous species. Plants will completely cover rock walls, trees, bushes and fences. The juice of freshly crushed leaves and stems have blister causing agents. Management Methods: a) Cultural: N/A b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: N/A d) Mechanical: Handpull or dig when soil is moist. Make certain to pull all the roots. Bag specimens carefully so as to not scatter seeds if flowering. 21. Eurasian watermilfoil (Myriophyllum spicatum) is an aquatic weed with feathery underwater foliage that is native to Northern Europe and Asia. Eurasian watermilfoil spreads most commonly by stem fragmentation, runners, and from free floating plants which eventually root. It can also spread by seed. The plant is typically submersed with stems to 4 in long. Habitats for Eurasian watermilfoil include: ponds, lakes, rivers, streams, canals, and ditches. Usually the plant inhabits slow moving water areas but can infest fast moving water, such as streams and rivers. Eurasian watermilfoil is very invasive. The plant forms very dense mats of vegetation on the surface of the water. Mats interfere with recreational activities (e.g. swimming, fishing, skiing, boating, etc.), create mosquito habitat, reduce native vegetation, and clog intake structures in power generation, irrigation systems, and potable water intakes. Management Methods: a) Cultural: Prevention of Eurasian watermilfoil is the best cultural control. Other methods of cultural controls are possible in theory, but are very time consuming and expensive. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: There is biological control available for Eurasian watermilfoil, but it is not yet approved for use in Colorado. For more information, contact the Palisade Insectary of the Colorado Department of Agriculture at 970 - 464 -7916. d) Mechanical: Hand pulling, raking, harvesting are effective at reducing current abundance of plants and is useful to clear channels or maintain access. However; it is not Town of Avon: Noxious Weed Management Plan Page 11 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds a very good long term control and is very expensive, labor intensive, and several removals are needed each year. Comments: The key to effective control is typically prevention of uncontrolled monocultures . Chemical and mechanical controls are well developed, but provide short to medium -term control. 22. Perennial pepperweed (Lepidium latifolium) is an extremely invasive perennial forb introduced from Europe and Asia as a containment in sugar beet seed. Pepperweed reproduces both by seed and vegetatively by roots and shoots. Pepperweed has tiny white spoon- shaped petals on the flowers. It readily invades disturbed and bareground areas. Pepperweed is a serious threat because it alters ecosystems by acting as a "salt pump" absorbing salts from deep in the soil. The plant then excretes the salt through the leaves and deposits it on the surface soil. Since most desirable plants do not tolerate high saline concentrated soils, the entire plant composition and diversity of the area changes. Large monocultures and dense litter layers prevent native plants from regenerating. Pepperweed displaces native plants and wildlife habitats, reduces food quality for wildlife and reduces agricultural and pasture production. Management Methods: a) Cultural: Prolonged spring flooding of new growth will kill pepperweed. Grazing is not recommended because the plant may be toxic. Reestablishing the native or desired plants can take years, so repeat plantings must be repeated, but it can aid in controlling populations. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Biological control is not a viable option because 11 other species of native Lepidium are on the Endangered species list, and the risk to these species as well as agricultural species is too great. d) Mechanical: Due to the deep, brittle root, most mechanical methods are not recommend, and can actually propagate, spread and increase the density of pepperweed. Hand pulling can also bring seeds to the soil surface, and spread pieces of root, which will sprout. However, spring mowing combined with chemical treatments can be effective. Comments: It is important to prevent establishment of large populations via early detection and removal. Planting desirable and competing grasses and forbs is recommended Herbicide treatments are a good option if used during the bud to flowering stage of the plant. 23. Russian -olive (Elaeagnus angusifolia) is a perennial tree or shrub that is native in Europe and Asia. The plant has olive- shaped fruits, silver color at first then becoming yellow -red when mature. Russian olive can reproduce by seed or root suckers. Seeds can remain viable for up to 3 years. The plants extensive root system, sprouts root suckers frequently. The lower surface is silvery white with dense scales, while the upper surface of the leaf is light green in color. Previously thought to be a beneficial windbreak tree, it since has been deemed detrimental to the environment because it competes native vegetation, interferes with natural plant succession and nutrient cycling, and taxes water reserves. Russian olive can grow in a variety of conditions. Although Russian-olive provides a plentiful source of edible fruits for birds, ecologists have found that bird species richness is actually higher in riparian areas dominated by native vegetation. The key to effective control of Russian olive Town of Avon: Noxious Weed Management Plan Page 12 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds is preventing establishment of the trees or shrubs. The state of Colorado mandates control state -wide and requires eradication in most riparian areas. Management Methods: a) Cultural: N/A b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. Biological: Tubercularia canker overwinters on infected stems and spreads via rain - splash, animals, or pruning implements to open wounds in the bark. Infected tissue becomes discolored or sunken. Entire stems may be girdled and killed, and the disease can deform or kill stressed plants over time. For more information, contact the Colorado Department of Agriculture's Insectary in Palisade, Colorado at 970 - 464 -7916. d) Mechanical: Cut down the tree. Mowing with a brush type mower, followed by removal of cut material, is another options for smaller shoot - hedges. Stump sprouting commonly occurs after cutting down the tree, and excavation of the entire stump can trigger root sprouting. Burning is practical when conditions support a long hot fire and most effective in summer or early fall (burn permit required, call the Eagle River Fire Protection District at 748 - 9665). Comments: As a water conservation measure, Avon requires elimination of existing Russian Olive trees from water courses but allows continued stand on higher ground where property owners commit to control measures. Avon's weed management requirements on this species are as follows: • Removal is required if the tree is within 25 feet of the high water mark of a permanent creek, stream, river; or within 25 feet of the top or rim of an irrigation canal, ditch or ephemeral water course. • Removal or control is allowed if tree is outside of water course boundaries. A written commitment by the property owner or property manager for controlling the spread of this species must be on -file to remain in compliance with Avon's Noxious Weed Ordinance. Contact Avon Public Works, 500 Swift Gulch Rd, Avon 81620, call 970 -748- 4100 or by e -mail at weeds ci,avon.org. Replacing with native trees is important once Russian olive has been removed, and is required when the tree had previously been part of approved site landscaping. Contact Avon Community Development at 970 - 748 -4030 for information about modifying your landscaping plan. 24. Spurred anoda ( Anoda cristata) is a summer annual forb with a low growing, spreading profile. The seedlings have one round and one heart- shaped cotyledon with hairs along the margins of the leaves. The flowers appear August through November and are light blue to lavender in color. Habitats include: ditches, within crops, along roadsides, gardens, waste areas and disturbed sites. Spurred anoda is considered an agricultural weed and is found mainly in agricultural crops (corn, cotton, beans, etc.). 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. Town of Avon: Noxious Weed Management Plan Page 13 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds b) Chemical: N/A c) Biological: N/A d) Mechanical: Hand pulling or digging when soil is moist, making sure to get the roots to prevent resprouting. Removing flowers before the plant sets seed will also be effective. Be sure to bag specimens carefully as not to spread seeds. Comments: Preventing seed production is key. Small patches can be controlled by hand pulling or hoeing 25. Sulfur cinquefoil (Potentilla recta) is a perennial forb that is native to Eurasia. Leafstalks have conspicuous perpendicular hairs and leaves appear green on the underside; plants can grow 28 inches in height. The flowers are pale yellow. Sulfur cinquefoil grows on dry sandy, gravelly, and rocky soils. Bareground is prime habitat for weed invasions. It is important to properly identify sulfur cinquefoil, since it resembles the native cinquefoils. Management Methods: a) Cultural: Increasing the competitiveness of native species can assist in preventing establishment of Sulfur cinquefoil. Contact your local Natural Resources Conservation Service for seed mix recommendations. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Biocontrol species have been used in trials, since Sulfur cinquefoil is similar to strawberries though, the insects used are considered pests. For more information, contact the Colorado Department of Agriculture's Insectary in Palisade, Colorado at 970 - 464 -7916. d) Mechanical: Mowing is not effective, as new shoots will replace the cut steams. Hand dig or pull when soil is moist is effective on small infestations. Be sure to dig up as much of the root system as possible, especially since root fragments can produce new plants. Comments: Hand pulling or digging when infestations are small and the soil is moist combined with use of herbicides has proven to be effective. 26. Venice mallow (Hibiscus trionum) is a summer annual forb that has a spreading profile and is native to Europe. The seeds are dark brown and can remain viable for 50 years. The cotyledons are round with hairy petioles. The stems are erect and hairy, growing to about 18 inches tall. The first true leaves have toothed margins and are alternate. Flowers are a light sulfur to yellow color with a red to purple center which only last a couple of hours. Venice mallow is an agricultural weed. Management Methods: a) Cultural: Outcompeting Venice mallow, is difficult with native grasses and forbs, since Venice mallow likes agricultural crop areas. But, contact your local Natural Resources Conservation Service for seed mix recommendations that may help in rangeland areas. Bareground is prime habitat for weed invasions. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: N/A Town of Avon: Noxious Weed Management Plan Page 14 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 10 -18 Adopting Local Designation of Noxious Weeds d) Mechanical: Hand pulling or digging when soil is moist, making sure to get the roots to prevent resprouting. Removing flowers before the plant sets seed will also be effective. Be sure to bag specimens carefully so as not to spread seeds. Comments: Best control is to prevent establishment of the plant and seed production with early detection and physical removal. Herbicide treatments are another control option. Multiple applications or a pre- emergence application will be most effective. When soils are moist, hand pulling or digging is effective provided that you bag the removed plants. V. Acknowledgements The Town of Avon sincerely appreciates the great work done by botanists, scientists, and others at the State of Colorado, Department of Agriculture and at the Colorado State University Extension offices. These resources were the primary source of all of the technical information contained in this plan. State and CSU staff reviewed this document prior to the Town's 2010 adoption. Town of Avon: Noxious Weed Management Plan Page 15 of 14 8/27/2010 EXHIBIT A: TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN, dated August 27, 2010 Exhibit A to Ordinance No. 30 -18 Adopting Local Designation of Noxious Weeds State of Colorado Department of Agriculture Noxious Weed Program (303) 239 -4100 htt : / /ix— %rw.colorado. ov /cs /Satellite /A riculture- Main/CDAGi1174084048733 Colorado State University Extension Eagle County Office P.O. Box 239 441 Broadway Eagle CO 81631 (970) 325 -8630 h :iiw,ww.ea lecount,.us :csu/ For more information, including color photos of all the species listed here, please contact either of the above resources. If you have general questions on noxious weeds or have received a noxious weed violation notice, please call Avon Public Works at (970) 748 -4100. Town of Avon: Noxious Weed Management Plan Page 16 of 14 8/27/2010