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TC Council Packet 07-11-2000Town Council Meetings Roll Call Check Sheet Jim Benson Michael Brown pp Debbie Buckley Rick Cuny Mac McDevitt h? j19 Buz Reynolds Judy Yoder Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Seating arrangements from west to east: Brown, Reynolds, Cuny, Yoder, McDevitt, Buckley, Benson St ff Present: Bill Efting Larry Brooks Burt Levin Kris Nash Jacquie Halburnt __? __Scott Wright 1C Jeff Layman Charlie Moore X_ Meryl Jacobs _X Norm Wood 1Q Bob Reed Harry Taylor 10 Mike Matzko Karen Griffith Other Staff: A Brief Synopsis of the Town of Avon Town Council Work Session Meeting Date: July 11, 2000 Councilmembers Present: Jim Benson, Michael Brown, Debbie Buckley, Rick Cuny, Mac McDevitt, Buz Reynolds, Judy Yoder Councilmembers Absent: None Transportation Update: Harry Taylor relayed what occurred at the last ECO Transit Authority Board Meeting. He said at the upcoming meeting they will approve the extension of our contract. It will be a two-year extension and will mean revenue for us and expense for them. Councilor Buckley added that this will need a budget amendment. Mr. Taylor said that the transfer would occur under a transition plan, for example they would pick up a full route every six months. Swift Gulch would probably remain a satellite facility. Kiosk Discussion: Councilor McDevitt began with the Chamber of Commerce's pamphlet in response to the RFP. They were the only group to respond. He explained his interpretation of the Chamber of Commerce's study and discussion followed. He said what the Town of Avon needs is a visitor center right along the interstate. He defined visitors to Avon in two classes. First are the through-travelers who want to get on and off the interstate quickly and, second are those staying here. The location of the board at City Market is ok because these people are probably already shopping there. He showed a photo of a "Call Board" from his trip to Val Gardenia, Italy. It was an information stand right off the highway and had detailed plaques describing accommodations and restaurants with a phone on either side. It has a 1-5 grading system and a map on top showing locations. Two lights show vacancies one and three days out. Town Manager Bill Efting asked if the Call Board was outside. Councilor McDevitt said it was outside with a lean to cover and had a large parking lot and no brochures. He found it extremely helpful. Councilor Cuny asked if the business owners pay for this service. Councilor McDevitt did not know. Recommendations from Councilor McDevitt were that Avon probably will need help with the visitor center. And what kind of building? What information should be on it? Computerized? And what is the cost? He would like to see if Beaver Creek would like to be involved. Avon is too small at the moment. It might be possible to use part of Oscar Tang's property near the willow tree to build it. Councilor Reynolds thought that this would be great to come off of the interstate for this. Council agreed. Also, Councilors Cuny and Benson like the idea of having other smaller information centers with maps for those who are walking around town. Discussion followed regarding the maintenance of these smaller info centers. Council agreed to a 30-day goal to begin implementing the Kiosk/Visitor Center. Transfer Tax Ordinance: Town Attorney Burt Levin discussed amending the transfer tax ordinance. His initial thought was to have a six-month time limit. Mr. Levin introduced Tom McMillan who thought that a six-month time limit would not work because construction in rarely complete within this time frame, that usually it is about one year for reverse exchange to be complete. Mayor Yoder said that the goal is to try and address those instances where people are taxed twice. Mr. McMillan said that their average is about 18 months. Council agreed on 24 months. Mr. Levin will redraft the ordinance and it will be on the agenda for next time. Post Office: Councilor Benson said that very soon the 13 mail collection boxes in Avon will be removed. This is due to the Post Office's decision that areas without mail delivery services do not need collection boxes. They pick up approximately one foot of mail and it is mostly from the businesses near the collection boxes. Councilor Benson suggested to Council that they act quickly or the opportunity to have any deliverable mail would disappear. Councilor Buckley asked if Avon could make a decision without Eagle-Vail, and Councilor Benson said they could. Bill Efting added that with the worker shortage in the area it would be difficult to find employees. Councilor Reynolds said anything the Town of Avon could do to alleviate traffic into the Post Office would be a plus. Council agreed to invite Post Office personnel to a meeting to discuss delivering mail in cluster boxes similar to Vail. Community Development Update: Director Mike Matzko said that J.E. Hildreth, Building Official is back at work after surgery. Consent Agenda Questions: Town Engineer Norm Wood showed a map of the proposed location of the bike path. They would like to alleviate the concerns of Sunridge property owners. Discussion followed regarding when the proposed fence would be built. Councilor Benson wanted to hold off on the fence until this spring to see if in the end the property owners would not want to build it. Mr. Wood also said that Bachelor Gulch and Cordillera are requesting full-fledged membership to Eagle River Regional Water Authority. The recommendation would be to not accept more members but to instead become a consolidated district. Committee Reports: Mr. Efting attend the I-70 Corridor Meeting in Eagle. He said there was a bad headline mentioning toll roads. There will not be a proposal until October of next year. He also attended a CARTS meeting. He said the test site in Frisco- Silverthorne will now be at Denver International Airport and downtown Denver. Other: Larry Brooks, Harry Taylor and Jacquie Halburnt will be leaving for Australia and New Zealand for 18 days on Thursday. At tonight's regular meeting they will have the election for Mayor Pro-Tem. STATE OF COLORADO ) COUNTY OF EAGLE ) TOWN OF AVON ) SS NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD JULY 11, 2000, AT 4:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 4:00 PM - 4:15 PM 1.) Transportation Update - Eagle County Regional Transportation Authority Issues (Debbie Buckley) 4:15 PM - 4:35 PM 2.) Kiosk Discussion (Mac McDevitt) 4:35 PM - 5:05 PM 3.) Transfer Tax Ordinance Discussion ® 5:05 PM - 5:20 PM 4.) Community Development Update Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC TOWN O AV , COLORADO BY: Kr s Nash Tow' n Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 7, 2000: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY 11 Documentation Regarding the Effect of Trails on Property Values and Public Safety l??-eti+uf ui?u ,t_? -?? L?00__---- Victory in California... 'Jecember a California judge ruled for the City of Fresno and the 13-mile Sugar Pine rail-trail project in Fresno and Clovis. River Park Properties developers and Robert Rosati, a homeowner whose land adjoins the trail, had sued the city to halt construction of the trail. They claimed that the city failed to meet environmental regulations during the planning and development of the trail, did not '•, conform to metropolitan land-use plans and violated construction codes. RTC California field office director s Kate Bickert took the stand during the trial to provide expert testimony on the positive impact of rail-trails on communi- ties. Her testimony focused on proven trail benefits, including increased prop- ' erty values of adjacent homes, increased neighborhood safety and new amenities such as landscaping and lighting. even miles of the trail opened in October and the remaining sections will be completed this year. For information contact the RTC California field office (rtcofcaCa)transact.org) or the Coalition for Community Trails, 559-323-0892. ... and in Michigan A September ruling of the Michigan Court of Appeals held that development of the 13-mile Leelanau Trail can con- tinue, A local township challenged the project, claiming it did not comply with local zoning requirements. The ruling cites the Michigan Trailways Act, which An action f requires designated 'Michigan Trailways" (including the Leelanau Trail) to con- Sider-but not be controlled by-local `• zoning during trail development. RTC Michigan's founding director helped the passage of the act in 1993. The deci- sion represents the first time it has come to the rescue of an embattled trail project. For information contact the Michigan field office, 517-393-6022. Field Office Milemarkers The turn of the century marked the 10-year milestone for Rails-to-Trails Conservancy's Florida, Michigan, Ohio and Pennsylvania field offices. The California office, open since 1996, is the youngster of the lot. Enhancements Spending An interim report by RTC's National Transportation Enhancements Clearing- house (NTEC) shows that spending on rail-trails and bike and pedestrian facilities added up to 53 percent of the total ISTEA and TEA-21(Transportation Eq- uity Act for the 21st Century) Transporta- tion Enhancements spending as of March 31,1999. The FY99 Interim Re- port is posted at NTEC's Web site: www.enhancements.org. For informa- tion call 1-888-388-NTEC. Reporting In R ! C worked closely with the General Accounting Office (GAO) to supply in- formation for an October 1999 GAO report on railbanking. Senator Sam Brownback (R-Kan) requested the study because of concerns raised by owners of land along railbanked corridors. Among the report's findings: "Rail-banking offers carriers some advantages over abandon- ing unused rights-of-way;' and the Sur- face Transportation Board (STB) that oversees railbanking has received "fewer than 10° petitions challenging whether trail sponsors of railbanked corridors are fulfilling their obligations. The STB found that the trail sponsors in all these cases were meeting the requirements, the re port says. The GAO study is at www.gao.gov/new.Rems/ M00004.pdf. - Rallyying for Wasi?ington Trail RTC president David Burwell joined a pro-trail rally in Seattle, Wash., as a fea- tured speaker last fall. Supporters of the controversial East Lake Sammamish rail trail project sponsored the September rally to persuade the King County Couh- cil to vote for an interim trail while a mas- ter plan is developed. Trail opponents ': have delayed the project by filing law- suits, proposing alternate routes and even attempting to organize a freight rail- road to use the county-owned corridor. In his speech, Burwell noted that the 12-mile corridor is the largest missing link in the statewide trail system extending s from Puget Sound to the Washington- Idaho border. The vote on the interim trail was de- ferred until an environmental impact ? statement is finalized. For information contact Tom Eksten, King County Parks Department, 206-296-7808, To keep up with RTC's latest activities, check out our Web site; www.railtrails.org 7 R A I L S T 0 T R A I L 5 ? ? Y yy } r I ? J 'tl ? T t 44, .? z k? F3 y i 3 4 eI ? ? mot jC 1? i l F- - j 4„• ?c_ C Y y ? .r i 1 4 9" d ?u t ? 1 B -vi y ?b ????? F?fy ? J > - • , 1-1 r? Once the land deal was complete, the ISTEA money became available and the required 20 percent match was needed. Mack sought out the community's most high- profile money-getter, the head of WSU's hugely success- ful fund-raising foundation. The local newspaper agreed to print donors' names weekly free of charge. As more names appeared in print, momentum grew. "We wanted every kid who gave 10 cents a week to have their name in the paper," Mack recalls. Then, when beloved local car dealer Bill Chipman died, his family agreed that the trail was a fitting tribute for the man, who had strong ties to both communities. Once the trail was named after Chipman, supporters multiplied. After raising $557,000 and seeing the final trail miles paved, Mack and her daughter, then 19, finally took that bike ride together in 1998. Today, Mack walks the stretch like a proud, protective parent. She stops to toss stray wheat stalks from the path. She curses weeds growing along its 13 cedar bridges, and worries the structures might fall victim to a beaver family that 3) downed a small tree nearby. "Too fast-Fifteen miles an hour," she warns a cyclist ignoring the posted speed limit. Like a mother knows her child, Mack sees all the trail's shortcomings (10 feet is -? too narrow, warning signs could be big get). But she's just as keenly aware of its beauty. She spots ducks before they 'fly ?.? noisily up the creek, which also is home to otter and fingerlings. Herons, hawks and red-winged blackbirds soar along the trail, and in summer, coyotes and deer appear at dusk, oblivious to the blades, bikes and high-tech baby strollers whizzing by. % Now threats of new development along the path concern Mack. She's par- ticipating in a movement to help plan development that won't impact the trail or waterway. "It's deja vu," Mack says. An unexpected bonus is a series of new spin-off trails. Pullman residents recently approved a loop extension through town. The UI expanded its section. The Latah Trail Foundation, a new nonprofit group in Moscow, plans to extend the path ... along the railbed, winding east 12 miles through breathtaking country. "The success of that path has really energized people and helped raise awareness of quality-of-life issues," says Archie George of the Palouse Land Trust. "Nothing fos- ters success like other achievements." Mack knows that best. She plans to leave her WSU job soon to devote more time to community activism. "You are always going to have to work with people who don't share your vision," says Mack. "But with the right process and the right attitude, you can make a lot of good things happen." Andrea Vogt, who already has worn out one set of in-line skate wheels on the trail, covers life on the Palouse for The Spokesman-Review out of Spokane. 1 $ H A I L S T 0 T R A I L S ?r? SF ? l ,?vs max.' '7 nce an enemy, always an enemy? Not when it comes to trails. Some of the most enthusias- tic trail advocates are the newly converted variety. Kristine Poelzer, for example. For 26 years, she fer- tilized, mowed and manicured the electric com- k: pany's right-of-way behind her Arden, Minn., prop- erty as if it were her own lawn. The verdant expanse of grass stretched from her deck into her neighbor's F` backyard. "It made my property look much larger than it was," she says. B Y R I T A S U T T E R F. Foes Turned Friends 16 I AI L9 To Tit A i iss So when the Arden Hills Parks and Recreation Department notified Poelzer that it planned to put an eight-foot wide trail beneath the power lines along the right-of-way, she was furious. "I envisioned all sorts of horrible things happening to take away from the pleasant backyard I had come to love," she recalls. "I told my neighbors, the mayor and city council how bad the trail was going to be. I was so against it that I had no desire to listen to the good things that could come out of its existence" "To my good fortune," Poelzer now says, "the city council opted not to listen to the voices of us naysayers. "The right-of-way was converted, and so too was Poelzer, 'I have never once had a peeping tom," she attests. "There's been no crime or loose dogs or loud noises" from the trail. Poelzer has become an ardent advo- cate of recreational trails, serving as a citizen representative on a task force planning trails in the 400-acre Ram- sey County Park. "Recreational trails give big pay- offs at little or no risk and offer everyone lots of possibilities," she tells people. "Without our backyard trail, my neighbor and I wouldn't take early morning walks. My son would not have learned to in-line skate and bicycle at such an early age. This trail allows people to safely link up quickly and easily with other trails in communities next to ours," she says. "In fact, I feel more secure with the trail because of the friendly sort of traffic-walkers, runners, jog- gers, in-line skaters, bicyclists, dog- walkers-that goes by my house dur- ing the day whether we are home or not. That's old-fashioned neighbor- hood security that money can't buy." In Columbia, Mo., David Rogers did an about-face on the subject of the 8.7-mile MKT Nature/Fitness Trail. Though Rogers and Columbia mayor Darwin Hindman are friends, the two did not see eye-to-eye on con- structing this trail. "I thought he was nuts," says Rogers. "I couldn't imag- ine anybody wanting to walk along a park that was 14 feet wide and nine miles long. That wasn't my vision of a park." Rogers, a land-use attorney, saw the planned spur connecting Co- lumbia to the 185-mile Katy Trail as a pipe dream and a waste of money. Today he sings a different tune. "1'd like to think that I am both smart enough and tolerant enough to admit when I'm wrong," he says. "And I couldn't have been more wrong about that trail. I'm very proud of having it." Rogers's transformation from foe to friend, an "evolutionary rather than revolutionary" process, came when he saw the quantity and diversity of the people enjoying the trail. The Colum- bia section is the city's most popular park, Rogers says, a safe place to exer- cise and enjoy nature inside the me- tropolis. "It's been extraordinarily suc- cessful. A number of the local policemen use it for recreational pur- poses. They jog and walk on it when they are off duty, and there's a group of volunteers that also patrol." Bringing rail-trail opponents to see a trail like the local MKT Na- ture/Fitness Trail would be a terrific way to gain their support, Rogers says. "Go down on a cool spring morning and see the mix of people in the community that use it. If somebody has a modicum of an open mind, they'll be convinced," he says. "I will buy them lunch and show them the light." Trail organizers are familiar with the confrontation-to-consensus story of rail-trail opposition. Craig Della Penna, Rails-to=Trails Conser- vancy New England Field Represen- tative and author of the forthcoming book 40 Great Rail-Trails of Southern New England, has given more than 200 lectures in 12 states, often travel- ing a thousand miles a week to talk about rail-trails at meetings. He un- derstands the trepidation some peo- ple feel about trail projects. That's why Della Penna likes to get involved with trails that are in the em- I ? YN o-? ?F• Adsk 'r P c i f 0 7 JD' 3' d 41 .9 l i 5` s T r. . 1F bryonic stage, beforr the opposition hardens. He lets existing rail-trails speak for themselves, eloquently and early. When introducing a new project at a meeting, Della Perna passes around photographs of leafy trails in neighboring towns. Then he invites the manager of one of those trails to talk about how it was built and how it is maintained. f-le also includes testi- mony from property owners. "Having a converted opponent say, There were a lot of people who were afraid of the rail-trail in our town, but this has been a good thing for our community' takes the wind out of the sails of the anti-trail crowd," he says. In northern California, Jim Konopka, trail development coordi- nator for the city of Folsom, goes into trail-shy communities with videotaped interviews of people who live alongside the Lafayette- Moraga Regional Trail. This popular Bay area greenway gently winds through a wooded valley and a se- cluded canyon as it follows Las Trampas Creek on a railroad right- of-way originally used by mule trains to haul redwood from Oak- land to Sacramento. Jerry Donnelly, a stockbroker who has lived next to the Lafayette- Moraga Trail since 1976 when it was an unpaved path, is one of the citi- zens on the video. He looks into the camera and says, "In the land of Cal- ifornia where everyone drives, this is a place to walk. You could start at the top of the trail and bang on every door that borders it and you would- n't hear one bad comment." Whenever possible, Konopka re- cruits citizens like Donnelly, as well as police officers from neighbor- hoods with trails, to attend his town meetings and answer questions about everything from trash cans to security. Konopka invited one un- easy group on a field trip to an aban- doned right-of-way. Beneath the trees, they saw beyond the strewn garbage to the natural beauty, espe- cially after Konopka helped them vi- sualize how the corridor would look after landscaping. "The walk sold them on the trail," he says. On the East Coast, attorney Dan Lewis, president of the citizens' associ- ation in the suburban Washington, D.C., community of Sumner just over the Maryland line, had a bad case of rail-trail phobia. He feared the 11-mile Capital Crescent Trail, which now connects Washington with Mont- gomery County, Md., would bring a decline in property values. As a homeowner along the right-of-way, Lewis also worried about noise, lack of parking, invasion of privacy and "visual concerns. " His skepticism changed to support after the county landscaped the corridor with trees and shrubs, paved park- ing `lots at both ends of the rail-trail, and erected split-rail fences along the way. "The neighborhood loves the trail," says Lewis, who exercises on the greenway at least twice weekly. "It appeals to a whole spectrum of people in the neighborhood, from dog-walkers to fanatical bikers to ca- sual bikers, like myself. The park ser- vice cleans it once a week, and the park police patrol it day and night. There is no noise or crime." Lewis adds, "Instead of being a li- ability, the trail is viewed as a great amenity that has raised property val- ues. People like to be in a neighbor- hood with a trail." Nowhere is the transformation from foe to friend more satisfying for trail supporters than in Midwest- ern farm towns where opposition can be thorny. The Cedar Valley Na- ture Trail was the first rail-trail in Iowa to connect two major cities- Waterloo and Cedar Rapids. This 52- mile linear oasis, ranging over acres of cropland, is so peaceful and ap- preciated these days, you'd hardly suspect it was once a battle line. The initial section of Cedar Valley was dedicated by private supporters in 1982 as the Interurban Trail, but it took several contentious years to x y3 t a. , va? ' r complete the greenway because op- ponents burned bridges, cut down trees and buried boards with pro- truding nails along the route. Farm- ers along the route pursued property rights challenges all the way to the Iowa Supreme Court. One opponent was Robert Bear- bower, former mayor of Brandon, Iowa. He and the entire Brandon town council passed a resolution against the trail. "Everybody-every farmer-was against the trail. They were afraid for their cattle and hogs," he says. Rick Spence runs a retail egg and chemical fertilizer business in build- ings less than 100 feet from the trail on the edge of LaPorte City. He filed a lawsuit against the trail. "Vandalism and litter were our two biggest fears," he says. "We fought for a while, but then my Dad and I talked and we couldn't see any harm in the trail." After a year, Spence dropped the law- suit. "We've had absolutely no trou- ble," he reports. "In fact, we've formed many friendships with the trail users." 1 9 R A I L S T O T R A 1 L S Bearbower also changed his opin- ion after observing the economic flush the trail brought to the bor- ough's restaurant, tavern and conve- nience mart. "It's been super for our town," he admits. Farmer Ralph Parks opposed the trail at first. Now retired, he enjoys chatting with the trail users who hike and bike past his backyard. "If I knew then what I know now, I would- n't have fought against the trail. It's a plus, not a minus," he says. "Farmers use the trail as much as anybody else. I think it is wonderful." In hindsight, Spence says advocates of the Cedar Val- ley trail would have faced less antagonism if they had been more diplomatic. "There were a couple of peo- ple who tried to ram this trail down the farmers' throats. We went to a meet- ing and they said, This is going to happen and this is the way its going to be.' That made the farmers' hair stand on end. The trail was held up for two or three years after that." One walk on the Cedar Valley Na- ture Trail was all it took to eradicate Michael Andorfs anti-trail senti- ments. 'I was a farmer, and I took the farmers' stance," he says. "But the truth is the truth. Once I saw the prairie flowers and the grass and birds I'd never seen before, it was an instant conversion. 1 was for the trail 100 percent." Andorf was so taken with the greenway-home to pheasants, wild turkeys, deer, coyotes and hawks- that he became a trail ranger for two years. "The trail seems so natural now. It's like it always existed here," he says. "If someone were against it today, you'd tell them to see a " psychiatrist. Writer Rita Sutter has long been a fan of rail-trails, especially the Baltimore and Annapolis Trail near her home in Baltimore, Md. connections i r Y 0 h I o This Trail Really Is for the Birds Twenty years ago America's favorite songbirds were singing the blues as urban sprawl and other, more nervy cavity dwellers-such as non-native starlings and house sparrows- forced them from their nests. Today bluebirds are on a comeback trail, and it's called the Transcontinental Bluebird Trail (TBT). Actually, the TBT is a system of trails in bluebird habitats equipped with nesting boxes regularly checked by certified volunteers. Last year the 2.5-mile Heritage Rail-Trail in Hilliard, Ohio, took flight as the state's first TBT segment and the first rail-trail with bluebird boxes. "Lots of rail-trail corridors have the open field habitat the birds like, and anything that provides a maintenance person on a trail and adds an element of beauty is terrif- ic," says RTC Ohio advisor Bob Martin, who facilitated the pilot project with the North American Bluebird Society (NABS), the Ohio Bluebird Society, the Heritage Rail- Trail Coalition and the Rails-to- Trails Conservancy Ohio field office. ` Signs and an information kiosk erected near a popular trail entrance warn trail users to look, but not touch, the boxes perched six feet off the trail. Only one late- nesting pair of bluebirds settled in last year, but high school sopho- more and designated monitor Steve Landes says he'll see more this spring. Every week from March to September he straps on his in-line skates and heads to the trail to record nesting and egg-laying in all 22 boxes. "It takes about one hour. But that's because I take my time and enjoy myself," explains Landes. The nonprofit NABS promotes: the trail system, which currently counts 5,000 privately managed houses. Anyone interested can adopt a box for a year for $35. Sponsors receive bluebirding instructions and access to a Web page featuring updates on their nest box. For information contact the NABS, 608-329`-6403, www.nabluebird society.org. Alaska ................................. Trail Makes Good Neighbors Though the Alaska Native village of Saxman is just two miles down the, road from mostly non-Native Ketchikan it seemed like a hundred until a trail linked the two towns like a friendly handshake. A 1999 report published by the Alaska Commission on Rural Governance and Empowerment heralds the Saxman Bike Path story as a case study in the power of communities working together. Before the trail was built, Saxman and Ketchikan folks "rarely mingled," says the report. Tiny Saxman offered few jobs, but its cit- izens faced poor options for getting to work in Ketchikan: undepend- able bus service, expensive cab rides 2 0 R A I L S 1-0 T R A I L S Trails, Conservation and Community 77x (_ongress members wbo ached tr,los tc ;pending pills Ibis past feli (hat mould bats opened pttbiu lr;nds to an sorts of abuse may not be able to 4rt any mote nu f 'rf fouJI ioitb Americas citfzie a ne last tarn eirchtms, rrcn; t pptls and studies, and the sttcress stories of w ors, of cnrrnntenttws all Sig- inal tbata strong belief in the valitr of prr,m+ '14 oprn, ipuce and trails bas become a part of Ibt Amoncan iraitt Some pohfieiincs may tirwil eant+nur .o ignorr tilts, but hail adnotrel , tun. burin on th`?e?grotaing aummiess Ihat cnnscrratmn is flood tof 13'r ptopie, the t%Avy ar\i the C?Oti(It11y Of coniriluniLt5 larair and small. TRAILS AND OPEN SPACE WIN BI6 AT THE BALLOT BOX OPEN SPACE PAYS n 1 91,7, Boulder Col ra io f. eta r c the hest U S it,, t I-, a ded awd sale ti t t fund the preseival on of optn space lydav Bouldcrenlovs an (pen space to,"un, t1'nre than 40 (110 aaes much of it ur a ring of i,recnbelts that oller uncluttered views or the IMA sig - natmc Rockv Alotmtain backdrop. As earl as the 197Us, it was already dear that &wldet residents would pay a premium at Eve near these open spaccc with then trails ant stream corridors and that the rrsulang mctcasc in taxes wnu e more r ran pay or open space protection, In one neighborhood, total property values incrcaard by $5A million aher the greenbelt was built, generati ig $5oo oo0 per yearn ad j i if property rases-enough to recoup the greeuways $1 5 million purchase pnce to onh, three Years. Boulders e,prnence confirms what man I on-mat- have discovered. open space con- sctvauon is a one -ti -- rat can hoost property va ucs an swe tax toilers long after t to and w paid lot- And III survey after survcy home .Livers identify nearby open space and trails as among the top Ieatures in choosing a home - Sooner le,i Ior Pohl, Land On November 2, voters in Maine and in more than 55 counties and towns across the nation approved ballot measures that will protect trails, parks, open space and farn:dand. • Maine voters approved a $50 million bond to renew funding for the Land for Maine's Future Program, which has protected 67,000 acres to the last 12 years . • In New Jersey, two counties and 38 of 40 municipalities approved property tax increases for open space, parks, recreation and farmland preservation - State voters last year OK'd spending more than $I billion on parks, trails and open space by 2010- • Colorado voters in sax counties approved tax hikes for land conservation- In Pakln County, a property tax hike will raise $8.4.million yearly for a decade to buy and improve open space and trails. • Voters' support for open space in 1999 builds on a banner year in 1998. bal- lot measures approved in the 1998 elections will trigger more than $Z5 bd lion in state and local) funding for conservation Sources. The Conservation 9-.rid , T -t for Public Land AMERICANS SAY YES 10.(OWVATION STATES BUILD STRON6 LAND PROTECTION PR06RAMS sate conservation programs oaten fill in the gaps between community ini- tiatives and big federal land acquisitions. The following statistics show the diversity of, and support for statewide efforts to preserve land. • Amount that Maryland's Rural Legacy Program will spend to preserve farms and other rural open space in the next five years,$70 million to $140 million • Amount of land that will be protected by these funds. 50,000-75,000 acres • Amount of land conserved cr n the past ten years with funds from Florida's Preservation 2000 Program: 1 million acres • Proportion of voters that approved an extension of the Preservation 2000 Program in November 1998: 70 percent • Annual amount from state lottery proceeds that Oregon voters set aside to purchase river corridors, watersheds, and wetlands, and native salmon habitat in November 1998 $95 million • Proportion of voters approving this investment- 67 percent • Amount granted for land ccvaservation projects from the North Carolina Clean Water Trust fund since its inception in 1997. $36 million Source T-, for Public Land A recent national Poll conducted by AHS partner, Americans for Our Heritage and Recreation measured Americans' opinions on, conservation and found widespread support for land protection and outdoor recreation- Neatly 90% of respondents feared that special places would be lost unless action is taken to protect them. Preservinghab'etat for native plants and animals, matching funds for local environmental ini- tiatives, and expanding existing national parks, forests and recreation areas topped the list of choices for use of land conservation funding- `ihe poll also found. • Nine of 10 Americans agreed that "park, recreation and conservation programs provide places for children to learn skills and values such as teamwork and respect for nature." • Eighty-five percent thought "parks and open space contribute to property values and economic stability of neighborhoods." • One-third of respondents said they preferred using the budget surplus for parks and open space rather than tax cuts. Another poll, conducted for the Trust for Public Land, revealed broad concern among voters that govern- ment efforts to protect land from development are inadequate and those voters are demanding that state and local governments increase their focus on protecting open space. Key findings of the poll include: • Voters identify protecting eatural areas as a key priority for government action, on par with such issues as education and a higher priaxity than reducing taxes- • By a 2-to-I margin, Americans across the political spectrum support a federal plan to use public funds to purchase and protect land. • A majority of Americans are willing to pay more taxes to support government programs to purchase open space. Sources-.americans for Our Heritcigr and Rr. reauon, Trust for Public Land, The Cooservanon Fund PATHWAYS TO BIODIVERSITY W Nile serving human communities, open space and trails also contribute to the health of nature. Trails are often the focal point of big land conservation efforts that cre- ate linear parks and preserves. When these nat- ural corridors link large preserves and wild areas they allow the free movement of species vital to the preservation of healthy populations of plants and animals_ Many of these corridors are being saved in settled areas- The New Jersey Highlands Trail has preserved a linked swath of upland and lowland landscapes in the most densely popu- lated state in the nation. In crowded Florida, voters bevc approved $3 billion to set aside almost half the state as preserves and corridors. So when cities, towns and states vote for green- ways and trails they may well be casting a bal- lot for beodiversity . American Hiker . Fcf?nta '5tarc1, 2ooo 1S The Effect of Greenways on Property Values and Public Safety A Joint Study by: The Conservation Fund and Colorado State Parks State Trails Program The Conservation Fund Sydney Shafroth Macy, Colorado Director Leslee T. Alexander, Project Manager Colorado State Parks State Trails Program Stuart H. Macdonald, Director Chris Ford, Greenway Trails Planner March, 1995 Abstract REPORT TITLE: The Effect of Greenways on Property Values and Public Safety. A Joint Study by: The Conservation Fund and Colorado State Parks, State Trails Program. SUBJECT: A study to determine the impact of greenways on property values and to evaluate the effect of greenways on the public safety of adjacent and nearby residents. AUTHOR: Leslee T. Alexander DATE: November, 1994 COPIES: Sasha Charney Colorado State Trails Program 1313 Sherman Street, Room 618 Denver, Colorado 80203 ABSTRACT: In the Denver-Metropolitan Area, greenways are gaining in popularity and expanding at a rapid rate, yet there are questions as to their suitability for certain neighborhoods. The questions cover the effects of greenways on property values and on public safety for homes adjacent to the trail. The analysis was conducted using data from seven separate surveys of three different greenways. These were --rveys of residents adjacent and near to the trail, real estate agents, police officers, and newspaper real estate advertisements. FEY WORDS: Greenbelt, Greenway, Open Space, Property Value, Public Safety, Quality of Life, Riparian Corridors, Trails, Urban Trails. i Executive Summary 3 PURPOSE The study of Property Values and Public Safety (herein known as the study) was to determine what effect, if any, the presence of urban trails has had on public safety to property owners who live adjacent to a trail and on property values of homes located within one block of a trail. The study also evaluated the level of public acceptance for urban trails and their effect on the quality of life in these neighborhoods. The need for the study arose due to concerns expressed by several different neighborhoods over the proposed construction of new trails. These concerns included fears that the presence of an urban trail might lower property values and also create a risk to public safety, thus adversely affecting the quality of life in the neighborhood. These concerns are similar to concerns voiced in the past over proposed trails that are now established and accepted. TRAIL PROFILE The metro-Denver area has hundreds of trails which connect together to create an expansive and constantly growing system. Trail users vary-from commuter bicyclists to couples taking an evening stroll through the neighborhood. Though many types of trails located in different areas of the city were looked at, only five trails were considered for use in the study: the Franklin Street foot-path, which runs along Franklin Street as it passes through Cherry Hills Village and Greenwood Village; the Highline Canal Trail, located in Autora; the Lee Gulch Trail in the Windemere neighborhood;" the Weir Gulch Trail, located in the Barnum neighborhood of west Denver; and the Willow Creek Trail, located in southeast Denver. 4 Executive 3ua=ary The Franklin Street footpath is a small, infrequently traveled trail. It was difficult to obtain data that was pertinent for use in the study due to its size. The Lee Gulch Trail would have been appropriate for the study, but it was difficult to ascertain whether the individuals interviewed were referring to the Lee Gulch Trail or the southeastern area of Highline Canal Trail, which passes in close proximity. The trail segments chosen for the study were the Highline Canal Trail, the Weir Gulch Trail, and the Willow Creek Trail. These trails represent the variety of trails in Metro-Denver. Each study area is under two miles long and the composition of the surface of the trails ranges from dirt or crusher-fines. to asphalt or concrete. The trails run along natural waterways and are surrounded by a combination of indigenous plants and recent landscaping. Though these trails- are located in residential neighborhoods, they also cross busy intersections and pass T' through commercial and retail areas. The history of each trail varies greatly, ranging from an old service road along the Highline Canal Trail which is now paved, to a small foot path along the Weir Gulch stream bed that has evolved into a connector path between neighborhood parks. The Highline Canal Trail is the most highly used trail in metro- Denver, with ambling pedestrians and commuting cyclists, whereas the Willow Creek Trail and the Weir Gulch Trail are used primarily by neighborhood residents. METHODOLOGY Data was collected in the summer of 1994 through telephone interviews of residents adjacent or near to the trails, real estate agents who buy and sell homes in metro-Denver, patrol Executive Sunmu ry 5 officers who work the trails, and biweekly surveys of the Denver Post Real Estate advertisements, sections H and I. Residents were asked if they thought the trail had affected their decision to move to their present home and if they thought the existence of the trail had affected the value of their property. Residents adjacent to the trail were asked if they thought the presence of the trail posed a risk to their public safety due to incidents of vandalism or trespassing from trail users. Real estate agents were asked similar questions concerning the effect of a trail on the value and desirability of property located near the trail. Patrol officers from metro-Denver and the Carson Nature Center in the South Suburban Parks and Recreation District were interviewed. They were asked if, in their opinion, there was a correlation between trail users and incidents concerning public safety, specifically vandalism or trespassing on property adjacent to the trail. Biweekly surveys of The Denver Post was conducted to determine if a trail was used in advertising homes, townhomes, apartments, and condominiums. Attempts were made to determine whether the assessed value and selling price of homes in the study area had increased due to their close proximity to a trail at a greater rate than homes of comparable value,.but_in an area not associated with a trail. An attempt was also made to contact realtors who sold homes within each specific study area. Due to the many variables involved in determining the value of a home and the fact that areas are not categorized solely by their proximity to a trail, it was difficult to quantify results from such a study. Nonetheless, the desirability of property due to its proximity to a trail was discussed with both realtors and homeowners. 6 Executive S11-ary CONCLUSIONS AND RECOit-JENDATIONS Urban trails are regarded by real estate agents as an amenity that helps to attract buyers and to sell property. Single family homes, townhomes, apartments, and condominiums are regularly advertised as being on or near a trail or greenway. Trails and greenways are considered lifestyle enhancements and usually included in the sales package for a property. Of the real estate agents interviewed, 73% believed that a home adjacent to a trail would be easier to sell, and 55% agreed the home would sell for more than a comparable home from a different neighborhood. 64% of the real estate agents believed homes located a block away from the trail would be easier to sell, but the likelihood of the trail having an effect on the price of the home was less than 10% In older communities, 45% of the real estate agents thought trails had the propensity to increase the market value of the home, and the other 55% believed that the homes would maintain normal market value. 64% of real estate agents were in agreement that trails are located in all types of neighborhoods, and not relegated to one class or demographic area. For residents of single family homes adjacent to a trail, 29% believed that the location of the trail would increase the selling price of their home. 57% of the residents felt that the trail would make the home easier to sell. 57% of these residents also had lived in their homes prior to construction of the trail, yet 29% of those surveyed were positively influenced by the trail in their decision to buy the Nome. None of the residents of townhomes, apartments, and i condominiums adjacent to a trail thougt the trail would Executive Su=Mary 7 decrease the selling price of their home, and 42% thought that it would increase the selling price of their home. 75% of the residents lived in the area prior to the construction of the trail, and 17% were influenced by the trail to move to the area. In regard to public safety, only one resident was concerned with their situation. They lived on the connection of a trail to a park and had experienced some vandalism and damage to their property. As a result, they chose to put up more lights around their house in an attempt to ward off trespassers. This effort proved successful and, despite the annoyance, they felt that the trail increased their quality of life. The patrol officers did not have concerns for public safety along the trails when the trails were used during regular daylight hours. No public safety issues could be directly linked to the trail. The most serious issues of late have been graffiti and tagging at underpasses. None of these incidents were focused towards other trail users and usually occurred when there were no other people on or around the trail. The officers doubted there would a concern for public safety due to the constant passage of people on the trails. It was also mentioned that people rely on their automobiles, and would be more likely to congregate in a parking lot. In summary, concerns that urban trails might adversely effect public safety and property value in surrounding neighborhoods are not substantiated by the results cf this study. The effect of a trail on the neighboring property is beneficial, rather than detrimental. The general opinion is that trails are an amenity to the neighborhoods arou:. them; thev increase the desirability of property and provide a space for young children and adults of all ages to run and play. 6 Executive 5uaanary One point of concern regarding trails should be mentioned. Though the general opinion is that trails are an amenity, almost half of the people interviewed either did not use the trail discussed, or were not aware of its existence. It appears that greater community involvement should be recruited for future trails to truly be an useful aspect of a neighborhood. BACKGROUND AND TRAIL PROFILE u:J2' ???:vYli: n'.p? ti)ayy.?'{.yti{ i Background and Trail Profile it Figure 1 metro-Denver 2 A 4 N A Q T n 0 U U O 2 CL a Z O b p W 2 O. This map is merely a representation. There is no claim to accuracy. 12 Background and Trail Profile THE HIGHLINE CANAL TRAIL The "71-mile Highline Canal" has been a part of Colorado since the state's inception into the Union in 1876. Throughout the years, it irrigated up to 20,000 acres of land at a time. The Highline Canal contains a variety of historic sites, including Denver's Platte Canyon Reservoir. In 1924, the Denver Water Board purchased the canal and has since managed and provided service for those who hold the water rights for irrigation or other purposes. A maintenance road that runs alongside the canal was pinpointed in the early 1970's for potential use as a recreation area by several different planning groups. Within a few years, the South Suburban Parks and Recreation District, the City of Aurora, the City of Denver, and the Colorado Division of Parks_ and Outdoor Recreation had entered into separate agreements for the use of more than fifty eight miles of the road. : This historic maintenance road is now one of the most highly used trails in metro-Denver, and is host to a variety of users, from people out for a stroll to daily commuters. The area chosen for the study is in Aurora, between South Peoria Street and South Havana Street and runs for 1.48 miles. This portion of the trail runs along Highline Drive, crosses over East 1st Avenue, and then brushes up against the south side of Del Mar Park. Trees have been planted along the trail and the surface of the trail is mostly asphalt, with a small amount of -oncrete. Background and Trail Profil* 13 Figure 2 The Highline Canal Trail s^? v Ca 2 M 'f t 1 This map is merely a representation. There is no claim to accuracy. 1 ' A 2000 feet 14 Background and Trail Profil* THE WEIR GULCH TRAIL The Weir Gulch Trail, located in Denver just east of Lakewood, runs along a natural riparian stream corridor. The waterway enters the Barnum neighborhood from the west and meanders northeast, above and below the surface, through Barnum Park, and then continues on to the South Platte River. In 1971, a plan was initiated to develop a small footpath that ran along the stream. The plan included drainage and channelization work by Wastewater Management and Urban Drainage and Flood Control has been completed, and, most importantly, community involvement. In the early 1980's, small block groups in the Barnum neighborhood came together to create small pocket parks that include greenspaces and small playgrounds. By 1988, bond money had been awarded to Denver Parks and Recreation to work on the trail. In 1990, a nmasterplan was proposed by Denver Parks and Recreation with the community for the long term goal to develop Weir Gulch as a connector system for parks and open space. Elementary-aged children take the trail most often, using it as a path around the neighborhood. The trail segment is intersected 'at Sheridan Boulevard, runs up to the proposed 2nd Avenue corridor, which it follows to Barnum Park. Landscaping along the corridor was upgraded in 1994 with a variety of non- native and indigenous species. The eight-foot wide trail is composed primarily of asphalt, with a few new areas of concrete. It runs through a variety of pocket parks and along concrete channels. Background and Trail Profile 25 Figure 3 The Weir Gulch Trail r s a 2 s a d m H n s a e CL CL 0 U V C7 2 e d v This map is merely a representation. There is no claim to accuracy. -16 Background and Trail Profile WILLOW CREEK TRAIL Willow Creek is a natural riparian stream corridor located in southeast Denver. Small, localized paths were present beside the stream before the construction began in 1985 to create the eight-mile trail now in existence. This trail was designated on ..the South Suburban Parks and Recreation District Trails Master Plan and was developed through a public process. Community and citizen support was strong. The Willow Creek Trail is a neighborhood trail, connecting community parks and open space. The trail runs behind homes, through picnic and play areas and includes wildlife habitat and nature study sites. The trail also goes under busy intersections. The trail users are of all ages. The trail is composed mostly of asphalt, with intermittent use of, crusher fines on the southern end. Future construction,is projected by _the end of 1995 to the north of the existing trail through Willow Spring Open Space. The study area of the Willow Creek Trail runs from East Dry Creek Road and South Quebec Street southeast to East County Line Road and South Yosemite Street. Through this section the trail is eight feet wide and composed primarily of asphalt. The trail goes -underneath busy Quebec Street before entering into neighborhoods where it is bordered by a split rail fence. As the trail meanders along the stream corridor it goes through small parks with playing fields and large expanses of open space where fox have been sighted. Background and Trail Profile 17 Figure 4 Willow Creek Trail a n ECISt UAvPM N $ ?N ? A N a 9 E? E C"Ift R Q ° • ? Ci GS Ct' ' J t' Y g y ? H a ? N ? 3 a E tbstlb n Ot r. _ u -c . - - ? y V/ - Stn a " p E s m E Aw 7 a I • B astl *ad f +• i e }- t - F jk f N „M ?EEa • Av. ~ EA ?` 5 3 ?- w R.ft ? N E Ri v`f law's st w ? F N a e ? AW % ? y 0 y E M . W ?- l? s trl drA Ave '? St E ? u ? 3 Willow Creek Trat7 n...-.. a V. n # D I ? ? _ ? M +` w w a _ 6t ?t d E JW.e? 9 _ lr? • W ? ? j? PI a t ? a E ??N k' ` t+ v 4 r,,. ? a ?+a Ave r h a t ? ? s '? o : E(y1 '1 a a 40 E L t ?hr . E ~,I GV b w y t? ?' w? Mcftb Ave •+ $ E Phlii Cir * ., Mine a1 Or cr AP E 01WO ` • . ? 3 y ? c r '% U • a ?..._= Pri 0 rv?.. • Ram s ou ? 1 2 a i N N P 0 v° U 0 iz 1 5 This map is merely a representation. There is no claim to accuracy. EVALUATION OF THE BURKE-GILMAN TRAIL'S EFFECT ON PROPERTY VALUES AND CRIME SEATTLE ENGINEERING DEPARTMENT OFFICE FOR PLANNING MAY 1987 I. EXECUTIVE SUMMARY Purpose The purpose of this study was to determine what effect, if any, the Burke Gilman Trail has had on property values and crime affecting property near and adjacent to the trail and to evaluate public acceptance of the trail and the trail's effect on the quality of life of adjacent neighborhoods. The need for the study became apparent when property owners in a different area of the city expressed concern over the development of a new trail project on the basis that it might reduce their property values, increase crime, and generally reduce the quality of life. These concerns are similar to concerns raised by property owners prior to the construction of the Burke-Gilman Trail. Trail Profile The Burke-Gilman Trail is a 12.1 mile (9.85 miles are in Seattle) eight to ten foot wide multi-purpose trail that follows an abandoned railroad right--of-way. Most of the trail passes through residential neighborhoods. In Seattle, there are 152 single-family homes and 607 condominiums immediately adjacent to the trail, and 320 single-family homes within one block of the trail. There is an average of 20 feet of shrubs and/or trees between the trail and the edge of adjacent properties. The trail also passes through an industrial area, several neighborhood commercial areas, the University of Washington, and links six parks. The trail was constructed in 1978 and currently has an estimated three quarters of a million users per year. As many as 4,000 to 5,000 users (80 percent bicyclists) enjoy the trail on a busy day. Methodology Data was collected-in the summer of 1986 via telephone by interviewing residents near and adjacent to the trail, real estate agents who buy and sell homes near the trail, and police officers who patrol neighborhoods adjacent to the trail. Residents were asked questions on their decision to buy their home; what effect they thought the trail would have on selling their home; what problems, if any, they have had with break-ins and vandalism by trail users; and how the trail has affected their overall quality of life. Real estate agents were asked similar questions on how the trail affects the selling price of homes along the trail. In addition, police officers were asked questions about trail users breaking 1 Into and vandalizing homes. A bi-weekly survey of newspaper real estate advertisements and real estate magazines was also conducted to determine whether homes were being advertised as being near or on the Burke-Gilman Trail. An attempt was made to compare the selling prices and assessed values of homes along the trail with homes in comparable neighborhoods. However, due to the many variables that determine the value of a home, it was impossible to isolate the trail as a determinant of increased or decreased home value using this method. Conclusions/Recommendations The Burke-Gilman Trail is regarded by real estate companies as an amenity that helps to attract buyers and to sell property. Single-family homes, condominiums, and apartments are regularly advertised as being near or on the Burke-Gilman Trail. Property near but not immediately adjacent to the Burke-Gilman Trail is signi- ficantly easier to sell and, according to real estate agents, sells for an average of six percent more as aresult of its proximity to the trail. Property -.. immediately adjacent to the trail, however, is only slightly easier to sell. The trail has no significant effect on the selling price of homes immediately adjacent to the trail. Residents who bought their homes after the trail was opened are most likely to view the trail as a positive factor that increases the value of their home. Long-time residents who bought their homes prior to the opening of the trail are generally less likely to view the trail as an economic asset. Real estate advertisements that promote properties as being on or near the trail tend to be from the companies that regularly sell homes near the trail. In other words, people who have recently been involved in the real estate market are more likely to have experienced the economic assets of the trail. The existence of the trail has had little, if any, effect on crime and vandalism experienced by adjacent property owners. Police officers interviewed stated that there is not a greater incidence of burglaries and vandalism of homes along the trail. They attribute that fact to the absence of motor vehicles. They noted that problems in park areas are generally confined to areas of easy motor 2 vehicle access. The police officers said that there would be no significant trail problems as long as parking lots are away from the trail and bollards prevent motor vehicle use. They also recommend the development of additional trails. Residents adjacent to the trail are also positive about the trail, especially when compared to conditions before the trail was opened. A former opponent of the trail (her home is on the trail) stated that the "trail is much more posi- tive than I expected. I was involved in citizens groups opposed to the trail. I now feel that the trail is very positive; [there are] fewer problems than before trail was built; [there was] more litter and beer cans and vagrants when railroad was in." Not a single resident surveyed said that present conditions were worse than prior to construction of the trail. In the eight years that the trail has been opened, there have been an average of only two incidents per year of vandalism or break-ins-where a trail user may have been involved. There is also a very high level of public acceptance and support for the trail. Not a single resident surveyed felt the trail should be closed. Less than three percent said there were any, problems associated with the trail that were serious enough to cause them to consider moving (reason cited for wanting to move was always related to privacy, never crime or vandalism). Almost two-thirds of the residents felt the trail increased the quality of life in the neighborhood. In summary, this study indicates that concerns about decreased property values, increased crime, and a lower quality of life due to the construction of multi- use trails are unfounded. In fact, the opposite is true. The study indicates that multi-use trails are an amenity that help sell homes, increase property values and improve the quality of life. Multi-use trails are tremendously popular and should continue to be built to meet the ever-growing demand for bicycle facilities in Seattle. One point of concern regarding the trail must be mentioned. Although not included in the survey, thirteen percent of those surveyed brought up the problem of user conflicts (i.e., speeding bicyclists) on the trail. To some extent, it is a problem of success. The trail has twice as many users as originally forecasted. Solving this problem may require trail design changes, educating users, and enforcing trail regulations. 3 II. BACKGROUND/TRAIL PROFILE The history of the Burke-Gilman Trail goes back to 1885 when Judge Thomas Burke and his friend, Daniel Gilman, headed a group of 12 investors who set out to establish a Seattle-based railroad. They formed the Seattle, Lake Shore and Eastern Railroad (S, L, S and E; also known as the Sumas spur) and in 1885 laid the tracks that they hoped would someday connect to the Canadian Transcontinen- tal Line at Sumas. While this connection was never made, the line did become a major spur, serving logging areas throughout the Puget Sound region. The S,L, S and E spur was acquired by the Northern Pacific Railroad in 1913 and continued in fairly heavy use until 1963 when through-train operations were stopped. During that time, the Seattle area continued to grow. The section of tracks that later was to become the Burke-Gilman Trail became surrounded by urban neighborhoods. Between 1963 and 1970, use of the tracks declined significantly. In 1970, the Great Northern, Northern Pacific, and Burlington lines were merged to become the Burlington Northern Railroad. One year later, Burlington Northern filed for abandonment of the Sumas spur. The abandonment was, part of a pattern that saw 50,000 miles of track abandoned across the United` States. Alert citizens and city planners quickly recognized the recreational potential of the abandoned rights-of-way. The City of Seattle adopted a Comprehensive Bikeway Plan (1972) that designated the right-of-way as a "priority corridor" for a multi-use trail. A citizens' group formed to lobby for the trail. By 1973, the City had acquired the right-of-way and began to proceed with plans to build the trail. The University of Washington and King County acquired the sec- tions that went through their jurisdictions. The funding package that was put together to build the trail included 1968 Forward Thrust Bond money for Seattle, Community Development Block Grants, and Federal Aid Urban System (FAUS) funds. This was the first use of federal gasoline tax for a bicycle/pedestrian trail. After several more years of work that included planning, designing, and con- structing the trail, it was finally opened in August of 1978. The trail is currently 12.1 miles long, extending from just east of Gas Works Park at the north end of Lake Union in Seattle to Kenmore Logboom Park at the f 4 north end of Lake Washington in unincorporated King County. Of the 12.1 miles, 9.85 are within the City of Seattle and 2.25 are in King County. The trail sur- face is asphalt and varies in width from eight to ten feet. The majority of the trail passes through residential areas and is about a quarter mile off the shoreline of Lake Washington. There is an average of 20 feet of shrubs and/or trees between the trail and the edge of adjacent properties. In Seattle there are 152 single family homes whose properties are immediately adjacent to the trail, 320 single family homes within one block of the trail, and 607 condomi- niums immediately adjacent to the trail. In addition to the residential areas, the trail passes through an industrial area, several neighborhood commercial areas, the University of Washington, and provides a link between six parks. Today the trail has about three-quarters of a million users annually. A 1985 survey of trail users conducted by the International Bicycle Fund for King County (with assistance from volunteers of the Cascade Bicycle Club), has pro- vided valuable information on trail use. Almost 80 percent of the users passing a particular point are bicyclists, 9 percent are joggers, 9 percent are walkers,- and 2 percent are roller skaters, wheelchair users and similar users. About 80 percent of the bicyclists are recreational users, and 20 percent are commuters. The average trail user is 35 years old and has an annual income of about $35,000. Fifty-eight percent of the users are male and 42 percent are female. The survey of trail users found that on weekends, almost half of the bicyclists put their bikes in their cars and drove to access points along the trail to begin their cycling. In other words, the popularity of the trail cannot be solely attributed to its proximity to particular neighborhoods and the University of Washington. The trail has become a regional facility that attracts users from'-the greater Seattle area. The trail is not patrolled and there is no enforcement of trail regulations. There is no special lighting pro- vided on the trail. 5 Summaries Of Rail-Trail Studies Public Perceptions Public Safety Crime Properly Values Benefits Compiled by the National Park Service Rivers, Trails, and Conservation Assistance Program Allegheny Field Office, Morgantown, WV (304) 293-2941 x2446 November 1998 , r 9=. From: Living Along Trails: What People Expect and Find. MN-DNR. 1980. A comparison of responses given by landowners adjacent to 2 proposed rail-trails and 2 existing rail-trails. PUBLIC PERCEPTIONS Opposition to proposed recreational trails in MN is widespread among rural and urban landowners. Landowners along existing trails reported fewer actual problems than those expected by landowner along proposed trails. Expected problems along proposed trails are more in the category of apprehensions than real negative experiences. Many of the expected problems are often rooted in mistrust of the managing entity. Comparisons between Expected and Found Local people would use & enjoy this trail 34-64% 95% Trails mean more vandalism & other crimes 72-75% Trail users steal 3% There is enough patrol to control users 52% Winter users trespass 30% Summer users trespass 5% A trail would be a bonus for local business 15% 69% DNR can be trusted to manage a trail 16-28% 90% From: Evaluation of the Burke-Gilman Trail's Effect on Property Values and Crime. Seattle WA Engineering Department. 1987. PROPERTY VALUES Property near, but not immediately adjacent to the trail is significantly easier to sell, and according to real estate agents, sells for an average of 6% more. Property adjacent to the trail is only slightly easier to sell, and sells for 0-0.5% more. Residents who bought their homes after the trail was opened are most likely to view the trail as a positive factor that increases the values of their home. Longtime residents who bought their homes prior to the opening of the trail are generally less likely to view the trail as an economic asset. Real estate advertisements that promote properties as being on or near the trail tend to be from the companies that regularly sell homes near the trail. PUBIC SAFETY Homes immediately adjacent to the trail did not experience an increase in burglaries and vandalism as a result of the trail. In the 8 years since the trail has been open, there has been an average of 2 incidences of vandalism or break-ins per year where a trail user was thought to be involved. This is well below the neighborhood average, which would expect about 5 incidents per year for that number of homes along the trail. Police officers stated that there was not a greater incidence of burglaries and vandalism of homes along the trail. They attributed this to the absence of motor vehicles. Police officers said there would be no significant trail problems as long as parking lots were away from the trail, and bollards prevented motor vehicle use. Not a single resident felt the trail should be closed. Less than 3% said there were any problems associated with the trail that were serious enough to cause them to consider moving. Almost 2/3 of the residents felt the trail increased the quality of life in the neighborhood. Two of the residents surveyed indicated that they had been leaders in the group opposing the trail, and that they now believe the trail is the best thing that has happened to the neighborhood. Although not included in the survey, 13% of those surveyed brought up the problem of user conflicts (ie speeding bicyclists) on the trail. The trail has twice as many users as had been originally forecasted. High use is a problem of success, and may require trail design changes, educating users, and enforcing trail regulations. hs From: The Effect of Greenways on Property Values and Public Safety. A joint study by The Conservation Fund and Colorado State Parks, State Trails Program. 1994. Data was obtained from 7 separate surveys (adjacent landowners, real estate agents, patrol officers, real estate ads) of 3 different greenways along natural waterways in residential areas. Conclusions Concerns that urban trails might adversely affect public safety and property value in surrounding neighborhoods are not substantiated. The effect of a trail on the neighboring property is beneficial, rather than detrimental. The general opinion is that trails are an amenity to the neighborhoods around them; they increase the desirability of property and provide a space for young children and adults of all ages to play. PROPERTY VALUES Survey of Real Estate Agents. 73% believed a home adjacent to a trail would be easier to sell. 55% believed a home adjacent to a trail would sell for more. 64% believed homes located a block away from the trail would be easier to sell. The likelihood of the trail having an effect on the price of the home was less than 10%. Survey of Residents of Single Family Homes Adjacent to a Trail. 57% believed the trail would make the home easier to sell. 29% believed that the location of the trail would increase the selling price of their home. 57% had lived in their homes prior to construction of the trail. 29% were positively influenced by the trail in their decision to buy. Survey of Residents of Townhomes, Apartments, and Condos Adjacent to a Trail. 0% believed the trail would decrease the selling price. of their home. 42% thought it would increase the selling price of their home. 75% lived in their homes prior to construction of the trail. 17% were positively influenced by the trail in their decision to move there. PUBLIC SAFETY Only one resident was concerned. They had experienced vandalism, and successfully installed more lights. Even with the inconvenience, they felt that the trail increased their quality of life. Patrol officers did not have concerns for public safety along the trails when they were used during regular daylight hours. No public safety issues could be directly linked to the trail People rely on their cars, and are more likely to congregate in the parking lot. 4 From: Letters from Law Enforcement Officers Regarding their Rail-Trails. Letters submitted to and provided by the Rails to Trails Conservancy, 1997. CRIME ** The Yough River Trail has not caused any increase in the amount of crimes reported, and the few reported incidents are minor in nature and the numbers are insignificant (ie sign & bench vandalism, stolen bicycles). Elizabeth Township PA Police Department. **. We have found that the Yough River Trail brings in so many people that it has actually lead to a decrease in problems we formally encountered, such as underage drinking along the river banks. The increased presence of people on the trail has contributed to this problem being reduced. Elizabeth Township PA Police Department. ** We have had no incidents of crimes being committed against users or property in the vicinity of the Riverswalk Trail. City of Johnstown PA Police Department. ** We have had incidents of underage drinking and some drug abuse occur on the Riverswalk Trail, but these incidents are extremely rare and are not creating a problem/concern. City of Johnstown PA Police Department. ** The bike path in Burlington is the scene of 0.0013% of all calls between 1990-91, making it one of the safest places in Burlington. S. Burlington VT Police Department. ** The Stowe Recreation Path has had only 44 complaints in their 4 years of operation. A long-standing problem with groups of thieves resulted in 25 of the 44 complaints that were larcenies from tourists' vehicles parked at remote parking lots. S. Burlington VT Police Department. ** No reports of rape or sexual assault were reported on the paths in Stowe or Burlington. S. Burlington VT Police Department. ** There has been no increase in crime in Stowe or Burlington that is attributable to the bike paths. S. Burlington VT Police Department. ** Crime & the fear of crime do not flourish in an environment of high energy and healthy interaction among law abiding community members. S. Burlington VT Police Department. ** When the Rails to Trails project was first being developed in Midland County, concerns about crime and security were brought up. Happily, we have no major problems on our Rail Trails. Midland County MI Sheriffs Department. ** The incidents that we have had are for the most part misuse of the Trail, such as go-cart or motorcycle riding. Crime has NOT been a factor on or near the Rail Trail. Midland County MI Sheriff's Department. 5 ** In 1995, 8 calls were received on the Rail Trail, none of which required a formal report. In 1996, 8 calls were received, with one requiring a ticket for minor in possession of tobacco products. Midland County MI Sheriffs Department. ** In WI, the Sugar River State Park Trail has almost no crime associated with it, and it is a very popular tourist attraction. Its success has moved the County to acquire another trail, the Cheese Country Recreational Trail. Green County WI Sheriffs Department. ** In WI, no significant problems have been experienced due to the Glacial Drumlin State Park Trail. There has not been a significant increase in calls for service. Waukesha WI Sheriffs Department. ** The bicycle trail may be of benefit to law enforcement as the use of the trail by our community residents places them in areas that typically were not immediately accessible by law enforcement officers. These residents are in the position of reporting incidents that may have otherwise remained unreported. Waukesha WI Sheriffs Department. ** When the trail was first constructed, there was concern the trail would invite crime. However, in fact, it has had no impact on the crime rate. City of Bloomington IN Police Department. ** In Larkspur, CA, the majority of calls received about incidents along bike paths and railroad right-of-ways are usually about transient types living or sleeping in bushes in makeshift shelters. Occasionally, residents will report youth gatherings or suspicious subjects loitering and/or drinking in a certain area. Twin Cities CA Police Authority. ** We have not experienced an increase in crime since the trail was developed. We believe the development of the trail was a good idea. Twin Cities CA Police Authority. ** The area through which the North Augusta Greenway Trail runs is upper middle level neighborhoods, wooded secluded areas, older established neighborhoods, and existing city parks. There has been no significant increase or decrease in the amount of crime in any of these areas. City of N. Augusta SC Dept of Public Safety. ** While we have had a few instances of unauthorized 4-wheelers and a few bicycle mishaps which caused a police action, we have had no crime to speak of occurring on or attributable to the Greenway. City of N. Augusta SC Dept of Public Safety. ** Over the last 5 years, only 2 incidents of vandalism (spray paint on the asphalt) occurred, and this was in an area that is a frequent loitering place for juveniles with little supervision. City of Louisville OH Police Department. ** When the Rail-Trail project was being planned 6 years ago, I was concerned for the safety of citizens due to the remote area. I strongly encouraged the placement of emergency call boxes along the trail. They never needed to be installed. City of Louisville OH Police Department. 6 SECURITY ** In Burlington, most of the trail patrol is done by non-police personnel who have a communication link to regular officers. S. Burlington VT Police Department. ** In Stowe, VT, the police do not routinely patrol the path. S. Burlington VT Police Department. ** As part of the Rural Community Policing Initiative, bicycle patrol service is being introduced on the trail and in the county parks with the intent to increase police presence and to enlist the support of users in reporting crime. Waukesha WI Sheriffs Department. ** The Constitution Trail is not visible from city streets for over half of the layout, and cannot be patrolled by conventional methods. Occasionally we put our Bike Patrol Officers on the trail as a public relations maneuver as there is very little crime created on or near the trail. City of Bloomington IN Police Department. ** The trail use grows continuously and we have implemented a part-time bike patrol to ride the N. Augusta Greenway as part of our community policing initiatives. The only suggestion i would make would be to provide some type of emergency call stations along the trail to summon police or medical help when needed. City of N. Augusta SC Dept of Public Safety. ** Police regularly patrol the area, but it is unlikely that anyone will travel the path for more than a quarter mile without coming into contact with other path users, who also have the effect of patrol. City of Louisville OH Police Department. 7 BENEFITS ** Along the Youghiogheny River Trail in PA, the trail has not caused any inconvenience to property owners along the trail. The residents seem to enjoy having the trail near their homes. Elizabeth Township PA Police Department. ** The Youghiogheny River Trail has spawned new businesses along the trail. We now have several bike sales and repair shops, new restaurants, convenience stores, and ice cream stands that have been opened. Elizabeth Township PA Police Department. ** The Youghiogheny River Trail brings in thousands of users each year and has lead to several organized rides by various organizations such as the Girl Scouts and local Council of Governments. Elizabeth Township PA Police Department. ** Based on our experience with the trail, we see no reason for any municipality to fear having a trail established. The Yough River Trail is a success that can only lead to better things for our community. Elizabeth Township PA Police Department. ** Burlington, VT police feel that bike paths provide a healthy way of linking neighborhoods. Bike paths are likely to have a positive effect on the overall safety of the public. S.- Burlington VT Police Department. ** The quality of life is enhanced through improved physical fitness, a safer mode of transportation for cyclists and pedestrians, and the potential for less crime overall in the communities. S. Burlington VT Police Department. ** We have seen some of the neighboring residents have improved the development of their properties adjacent to the trail. City of Bloomington IN Police Department. ** The Constitution Trail can be considered a resource which is enjoyed by the populace of both Bloomington and Normal. City of Bloomington IN Police Department. ** The development of this Rail-Trail Park has been a very positive experience for the entire community. The park receives a lot of use from the public. Midland County MI Sheriffs Department. ** Since the Jim Mayer Riverswalk Trail has been here, the only comments we have heard have been all positive. From our perspective, the trail has been an asset to our community. Johnstown PA Police Department. ** From a police and a citizen's point of view, the trail was a great idea! City of N. Augusta SC Dept of Public Safety. ** The high volume of use by families has created a community ownership of the path, resulting in very few criminal complaints and high cleanliness. City of Louisville OH Police Department. 8 From: Economic Impacts of Protecting Rivers, Trails and Greenway Corridors: A Resource Book. Prepared by Rivers, Trails and Conservation Assistance, National Park Service. 4th edition. 1995. One implication of the studies listed below might be that increases in nearby property values depend upon the ability of developers, planners, and greenway proponents to successfully integrate neighborhood development and open space. Designing greenways to minimize potential homeowner / park user conflicts and maximize the access and views of the greenway can help to avoid a decrease in property values of immediately adjacent properties. PROPERTY VALUES The potential for an increase in property value depends on the characteristics of the open space and the orientation of surrounding properties. Property value increases are likely to be highest near those greenways which: Highlight open space rather than highly developed facilities, Have limited vehicular access, but some recreational access, and Have effective maintenance and security. (Brown and Conelly; Colwell, 1986) In Boulder CO, the average value of property adjacent to a greenbelt is 32% higher than those 3200 feet away. (Correll, Lillydahl, and Singell, 1978) In Salem OR, urban land adjacent to a greenbelt zoning is worth approximately $1200 more per acre than properties 1000 feet away. However, rural farmland values within the zoning decreases in value by $1.700 per acre. (Nelson, 1986) In Worcester MA, an analysis of property surrounding 4 parks showed that a house located 20 feet from a park sold for $2675 (1982 dollars) more than a similar house located 2000 feet away. (More, Stevens, and Allen, 1982) In Dayton OH, the proximity of the Cox Arboretum and park accounted for an estimated 5% of the average residential selling price. (Kimmel, 1985) In Columbus OH, the proximity of Whetstone Park and river accounted for 7.35% of selling prices. (Kimmel, 1985) In Philadelphia PA, the proximity of the 1300 acre Pennypack Park significantly affected property values. In 1974, the park accounted for 33% of the value of a plot of land when located 40 feet away from the park, 9% when located 1000 feet away, and 4.2% at a distance of 2500 feet. (Hammer, Coughlin and Horn, 1974) Landowners along 3 rail-trails reported that their proximity to the trails had not adversely affected the desirability or values of their properties. Along a suburban trail in CA, the majority of the owners felt that the trail would make their properties sell more easily and at increased values. (NPS and PA State University, 1992) 9 Along the Luce Line rail-trail in MN, the majority of owners (87%) believed the trail increased or had no effect on the value of their property. About half (56%) of farmland residents thought the trail had no effect on their land values. However, 61 % of the suburban residential owners noted an increase in their property value as a result of the trail. (Mazour, 1988) New owners felt the trail had a more positive effect on adjacent property values than did continuing owners. (Mazour, 1988) Appraisers and real estate agents claimed that trails were a positive selling point for suburban residential property, hobby farms, farmland proposed for development, and some types of small town commercial property. (Mazour, 1988) QUALITY OF LIFE BENEFITS The importance of quality of life (QOL) in an area is increasingly cited as a major factor in corporate and business location decisions. One aspect of QOL is a location with convenient access to natural settings, recreational and cultural opportunities, and open space. Greenways, rivers and trails contribute to QOL, and their use is a benefit to corporate employees for exercise and relaxation, resul ing in increased efficiency and decreased health costs. Quality of life for employees was the 31" most important factor in locating a business. The first two factors were access to domestic markets and availability of skilled labor. (Cushman and Wakefield, 1989) f "Outdoor lifestyle and recreation opportunities" were listed by CEOs as the reason they chose Arizona to relocate or expand their firms, bringing 70 firms, 27800 jobs and $970 million in indirect salaries and wages. (Valley National Bank, 1980) The American River Bike Trail in Sacramento CA is included as an important outdoor recreation amenity in the Chamber of Commerce publication "All About Business in Sacramento." The trail is considered to be evidence of the high quality of life, as well as one of Sacramento's treasures. (Sacramento Chamber of Commerce, 1990) A study group of employees in San Jose CA showed that those who exercised regularly had 14% lower medical claims, 30% fewer hospital days, and 41 % fewer claims greater than $5000. (City of San Jose, 1988) A 1984 study of the office staff of Houston's Prudential Insurance Company found that higher levels of employee fitness lowers major medical and disability costs. There was a savings of $1.93 for every dollar invested in the program. (Wellness Councils of America, 1989) In 1991 the average American family paid nearly 12% of average family income for health care. By the year 2000, families will be paying over 16% of their income for health care. (Families USA Foundation study) For every mile a person walks or runs, they will save society $0.24 per mile in medical and other costs. These figures are the results of a theoretical model developed by the Rand Corporation. (Mens Fitness Magazine, 1992) 10 TOWN OF AVON ORDINANCE NO. SERIES OF 2000 AN ORDINANCE AMENDING THE REAL PROPERTY TRANSFER TAX WHEREAS, the Town Council wishes to amend the Real Property Transfer Tax, and WHEREAS, this amendment is revenue neutral. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that: Subsection 3.12.070E repealed and reenacted. Subsection 3.12.070E of the Avon Municipal Code is hereby repealed and reenacted as follows: "Transfers made pursuant to reorganization, merger or consolidation of corporations, or by a subsidiary to a parent corporation for no consideration other than cancellation or surrender of the subsidiary's stock, or transfers made to a corporation, partnership, limited partnership, joint venture, business trust or other association or organization, if that association or organization is owned by the persons by whom such transfer was made, if such owners have the same relative interests in such association or organization as they had in the real property immediately prior to such transfer and there is no consideration other than their respective interests in the new association." 2. Subsection P added to section 3.12.070. A new subsection P is hereby added to section 3.12.070 of the Avon Municipal Code, to read as follows: "The subsequent transfer of a residence involved in a "tax free" or "tax deferred" trade under the Internal Revenue Code wherein the interim owner acquires property for the sole purpose of reselling that property as part of a qualified exchange and the property is resold within 6 months after the first transfer. In these cases, the first transfer of title is subject to the Real Property Transfer Tax and the subsequent transfer will only be exempt as long as a transfer tax has been paid in connection with the first transfer or such residence in such exchange. In the event the consideration for the subsequent transfer is greater than the consideration for the first transfer, transfer tax shall be due on such increased amount of consideration." CO_DOCS_A 56190 v 4 INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2000, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the day of , 2000, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. Judy Yoder, Mayor Attest: Kris Nash, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 2000. Judy Yoder, Mayor Attest: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney 2 CO ROCS A 56190 v 4 X , 4V 0 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA July 11, 2000 - 5:30 PM 1. Call to Order / Roll Call i - ) - 2. , - - - we" t4q --tv- -? Citizen Input a.) Mayor Protein Election b.) Real Estate Transfer Tax Appeal, 0288 West Beaver Creek Blvd. (West d Investments) c.) Real Estate Transfer Tax Appeal, 2481 Buffalo Head, Wildridge (Whi ey Grundtisch) d.) Eagle River Water and Sanitation District (Rick Sackbauer) -7' - cr - 8 e.) Sunridge Phase 11 (Rick Barnes) 771 7 3. Ordinances a.) Second Reading of Ordinance No. 00-07, Series of 2000, An Ordinance Authorizing the Execution and Delivery by the Town of a First Amendment to a Prior Lease Purchase and Sublease Agreement and an Official Statement; Approving the Assignment of the Town's Interest in a Contract to Purchase Real Property; Ratifying Action Previously Taken Concerning the Referenced Transactions; and Providing Other Matters Relating Thereto PUBLIC HEARING b.) First Reading of Ordinance No. 00-08, Series of 2000, An Ordinance Amending Chapter l 11?/ 15.40 of the Avon Municipal Code Relating to Solid Fuel Burning Devices 4. Resolutions 5. Unfinished Business 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report: 10. Other Business' " 11. Consent Agenda a.) Approval of the June 27, 2000 Council Meeting Minutes tVIO? i ' b.) Basketball Court Design Proposal pok`w-r, Z ? - c.) Resolution No. 00-33, Series of 2000, A Resolution Approving and Fixing the Particular Location of a Portion of the West Avon Bike and Pedestrian Trail 12. Adjournment fi?_ C4'w- t f `_ 1/ ?? t • MEMORANDUM FROM: Burt Levin TO: Hon. Mayor and Town Council CC: Bill Efting RE: Appeal of Denial of Application For Real Estate Transfer Tax Exemption: 0288 West Beaver Creek Blvd. (Westlund Investments: Grantee) DATE: June 5, 2000 Section 3.12.070 of the Town Code provides that "Any person whose claim of exemption [from the town's real estate transfer tax] is denied may, within thirty days of transmittal of the decision of the town manager, appeal to the town council for a determination of such exemption ...." An appeal of the Town's denial of the application of Westlund Investments for an exemption from the transfer tax for the above property is scheduled for the regular council meeting of June 27, 2000. The basis for the Town's initial denial of the application for exemption from the tax, as well as the applicant's argument in favor of the exemption, is set forth in the attached paperwork, and summarized as follows. I do not grant exemptions from the tax unless a specific provision of the Town Code requires it: the tax is imposed, except as provided in §§ 3.12.050 and 060, "on all transfers of interests ... in and to real estate." Section 3.12.050 exempts transfers where the amount of consideration is five hundred dollars or less; and § 3.12.060 lists specific exemptions nominated A. through O. There is not an exemption in the Avon Code for so called 1031 exchanges (or reverse 1031 exchanges), and so I have consistently denied requests for exemptions based on them. ("1031 exchanges" receive favorable tax treatment under a provision of the federal tax code.) During the appeal hearing the applicant will make an argument in favor of its application for an exemption, and I will argue that the application should be denied by the Council. 0 vur u.t ruvu 11 . a.u a.c uuu ovuv"v a awsv'Li?a va?iaL awA"t ,w 4W uv-a - 1.4 PROFESSIONAL EXCHANGE ACCOMMODATORS, L.L.C. 8101 Wq PPWCE AVENUE.. SUrrE 605 - ENGLEWOOD, CXXOKADO 80111 303,773-6888. 1.800.895-3520 - FAX 303.796-7848 hcrµ .J*vv cxd=*ccpauam June 5, 2000 Burt Levin, Esq. Town Attorney Town of Avon P.O. Box 975 Avon, CO 81620 VIA FACSIMILE Dear Mr. Levin: Pursuant to Section 3.12.070 of the Avon Code, the Grantee, Westlund Investments, ("Westland") hereby appeals the Town of Avon's denial of the transfer tax exemption previously filed (a copy of which is attached) and requests a hearing before the town council for consideration of this appeal. The balance of this letter will set forth the nature of the transactions involved as well as the rationale for the exemption appeal. As evidenced in the attached documents, the Grantor, Dirty Devil River Development Co., ("Dirty Devil's took title to the property known as 0288 W. Beaver Creek Blvd., Unit L-1 (the "New Property") on November 11, 1998 as an accommodation under Section 1031 of the Internal Revenue Code for Westland so that he could complete a 1031 exchange. This property was purchased by Westlund to complete his exchange on April 17, 2000 and we are asking for exemption from the double application of the Avon Land Transfer Tax. Westlund owned property in Minnesota for many years (the "Old Property"). He desired to sell this property and buy a new property in Avon. In order to defer the tax on the gain, he wisbed to structure the transaction as a 1031 exchange. However, before the sale of the Old Property could be closed, be found the perfect New Property in Avon. Under Section 1031 of the Internal Revenue Code, Westlund could sell his Old Property, and by reinvesting the proceeds into the New Property, defer both the Federal and State income taxes on the gain. Section 1031 also requires that exchanger (i.e. Westlund) use a "Qualified Intermediary" in order to conform to its provisions. Westlund retained Professional Exchange Aceommodators, L.L.C. ("PEA") to act as his Qualified Intermediary. To facilitate the timing of this particular transaction, PEA agreed to V V/ V V/ v V V V i i. r V •' [iA V V V I O V V V r V 1 1\V L' 1"LJ V 1 Vl\{?L LiAVii[llViL .IW V V V/ V V `! structure the transaction as a "Reverse Exchange", whereby PEA would form a separate corporation, Dirty Devil River Development Co., which would buy and hold the New Property. Dirty Devil would then hold this property until Westlund sold his Old Property. The Old Property has been sold and Westlund has now taken title to the New Property from Dirty Devil. U Dirty Devil Development Co. The net effect of the Reverse Exchange is that Westlund ends up exactly Where he would have been in a Straight Exchange with the correct timing sequence, with one problem: he would pay the Avon transfer tax twice - the first time when Dirty Devil closed on the purchase of the New Property and the second when Dirty Devil sold the New Property to Westlund. For this reason, we request that the second application of the Avon Land Tramfer Yiar be exempted upon the transfer to Westlund from Dirty Devil, on April 17, 2000. Many jwisdictions exempt 1031 exchanges from double taxation. For example, in Article IX, Section 4,(c)(iii)(L), Beaver Crcek exempts from double taxation "'The subsequent transfer of a Site involved in a "tax free" or "tax deferred" trade under the revenue code wherein the m- terirn owner acquires property for the sole purpose of reselling that property ...... T hereby certify under penalty of perjury that die foregoing statement is true and correct. Professional Exchange Accommodators, L.L.C. Thomas H. McMillen, Exchange Consultant Date r 5 ? Ab . Goren a 'dent D cc: Chris Nash, Town Clerk • ON C O L O R A DO 05/04/00 Westlund Investments P.O. Box 668 Hutchinson, MN 55350 Re: Denial of Transfer Tax Exemption Application: 0288 W. Beaver Creek Blvd, Unit L-1 To Whom It May Concern: The Town of Avon has received and considered your request for an exemption from the transfer tax owed on the transfer of the above property. 1 am providing this response on behalf of the Town Manager. Based on the information you provided, the Avon Code does not provide an exemption. Unless an exemption applies, the Avon transfer tax applies to transfers in which the consideration for the transfer is more than $500. The transfer described in your application is for $179,400. The grounds for exemptions are set forth in § 3.12.060 of the Avon Code. The Code does not include an exemption for transfers over $500 which are made in order to obtain favorable tax treatment under the federal or state tax laws. In other words, there is not an exemption for so called 1031 exchanges. Pursuant to § 3.12.070 of the Avon Code, you may appeal this denial to the Town Council within 30 days after you receive this notice. Si cerely yours, Burt Levin Town Attorney cc: Gary Gorman, Professional Exchange Accomodators, LLC Michael J. Brudwick, Eagle Co. Title Co. Bill Efting, Town Manager Julie Kessenich, Accounting Assistant Post Office Box 975 400 Benchmark Road Aron. Colorado 81620 970-748-4000 05/01/LUUU ib:ba rAA JUJ1bV0U40 rAarrrroAvona+ aan.auuau ?. --- 1 unacA zox FOR mmZPTION PXAL PROPERTy TRANSFER TAX The undersigned, as rrtntee of a dead or instrument of conveyance of Lot , 81?,•-Y _ of ,Filing. 0288 W:-Beaver Creek Blvd., Unit L-1, Avon , Street Address complex Name tsild?.ng/tJnit # Westlund Investments (Names of Grantee) P.C. Box 666, Mitchinson, Mw 55350 (Mailing Address) $$179,400 (Amount of consideration) dated 3117/2000 hereby applies for exemption from the payment of the Avon Real Property Transfer Tax, imposed by Chapter 3-12 of the 2hunicipal Code of the Town of Avon. The basis for such exemption is : Reverse 1031 Exchange: Please see attached Exhibit A U (state grounds for requested exemption, including applicable section and subsection or the Real Proper Transfer Tax ordinance under which the exemption is requeste?. Attach supporting docu=aents if necessary for full understanding of transaction, preferably affidavit, setting out additional de ails concerninc the transaction for which exampt status in .being requested). = hereby certify under penalty of perjury that the foreaoinc s'Latement is true and correct. WESTLUND INVESTMENTS 5/1/2000 Grantee Date I hereby certify that the above described transfer of rea property should be lexempted'from the payment of the Avon Rea, Property Transfer Tax under chapter 3.12, section 3.12.060 of thi Munzci.pal Code of the Town of Avon. Town Manager Date I bersby cex-J-f y that thle above described transfer of rea p should be exempted from the Payment of the Avon Rea property Transfer Tax under Chapter 3.12.060 of the Hunicipal Cod of the Town of Avon. Town attorney Date Rev 7/93 .N.Au an uuwi_rn a raI.J.an ..al-461-9 UU/ V11 4V V V 1J. JJ 1'Ad JvV , uvvv r.. ?v? ur.av...u+ r?.. •....r ""-' PROFESSIONAL EXCHANGE ACCOMMODATOn "C- 5101 EAST PRDMCE AVENUE, SUM ON • MLMOW, COLORADO 80111 303.773.6M - iV( 8?•35 303.796.7345 caa EXHIBIT A APPLICATION FOR EXEMPTION FROM AVON LAND TRANSFER TAX Request: The Grantee, Westlund Investments, ("Westland") hereby requests exemption from the second payment of the Avon Land Transfer Tax imposed by Chapter 3.12 of the Avon Municipal Code, of the Town of Avon. As evidenced in the attached documents, the Grantor, Dirty Devil River Development Co_, ("Dirty Devil") took title to the property known as 0288 W. Beaver Creek Blvd., Unit I. -I (the "New Property") on November 11, 1998 as an accommodation under Section 1031 of the Internal Revenue Code for Westlund so that he could complete a 1031 exchange. This property was purchased by Westlund to complete his exchange on April 17, 2000 and we are asking for exemption from the double application of the Avon Land Transfer Tax. Facts: Westlund o*,vncd property in Minnesota for many years (the "Old Property"). He desired to sell this property and buy a new property in Avon. In order to defer the tax on the gain, he wished to structure the transaction as a 1031 exchange. However, before the sale of the Old Property could be closed, he found the perfect New Property in Avon. Under Section 1031 of the Internal Revenue Code, Westlund could sell his Old Property, and by reinvesting the proceeds into the New Property, defer both the Federal and State income taxes on the gain. Section 1031 also requires that exchanger (i.e. Westlund) use a "Qualified Intermediary" in order to conform to its provisions. Westlund retained Professional Exchange Accommodators, L.L.C. ("PEA") to act as his Qualified Intermediary. To facilitate the timing of this particular transaction, PEA agreed to structure the transaction as a "Reverse Exchange", whereby PEA would form a separate corporation, Dirty Devil River Development Co., which would buy and hold the New Property. Dirty Devil would then hold this property until Westlund sold his Old Property- The Old Property has been sold and Westland has now taken title to the New Property from Dirty Devil. The net tffect-of the Reverse Exchange is that Westlund_ends up exactly where he would have been in a Straight Exchange with the correct timing sequence, with one problem: he would pay the Avon transfer tax twice - the first time when Dirty Devil closed on the purchase of the New Property and the second when Dirty Devil sold the New Property to Westlund. For this reason, we request that the second application of the Avon Land Transfer Tax be exempted upon the transfer to Westlund, from Dirty Devil, on April 17, 2000. Dirty Devil Development Co. Statutory Handling of 1031 Exchanges: Many jurisdictions exempt 1031 exchanges from double taxation. For example, in Article 1X, Section 4,(c)(iii)(E), Beaver Creek exempts from double taxation "The subsequent transfer of a Site involved in a "tax free" or "tax deferred" trade under the revenue code wherein the interim owner acquires property for the sole purpose of reselling that property...". Request for Meeting: Should the Town of. Avon need more information in order to rule on this Application for Exemption, or should the Town of Avon be inclined to deny this Application, we hereby request a meeting to address such questions or concerns raised. r. L Additional Information: Should additional information be required, the following individual should be contacted: Michael J. Brudwick Eagle County Title Corporation The N orwest Center, # 104 0070 Benchmark Rd., Suite 104 Avon, CO 81620 Affidavit: I hereby certify under penalty of perjury that the foregoing statement is true and correct. Professional Exchange Accommodators, L.L.C. /I ?- z?e6 Ode e?2? &/? Thomas H. McMillen, Exchange Consultant 11 -m5-' /A" Date .$- 11 by ary . Goren resid Date TIOt EAui+E COIU Py TITLE MWICP. pp?p Onr=; BM 980 AVCN COLMOO 81670 B : nu-ty Devil, River my: Gary Gmmna, President ktm Sc i l c rstrOm Se7lezs Lawrence SdmwdnlayAllierstrom ist J. 8dzt11erstCOII willigm nutty 278 Benchmmic Fnad, #1r1 XkUVW: Avon OD 81620 Settlemmnt Dais: 11111/98 ordcc Nuoba: mzm_ E9CtW Officew: Credits 159,500.00 5,000.00 Purak-ae Price Depo&it or Ean-ast P'SAY ............................ 751.46 County taxes frvm 01/01/98 to 11/3-1/98. ............. 163. ........ A from 11/11/98 to 01/01/99 ....... l-86 431.86 ? Condo Dues fran 11/11/98 to 01/01/99 ................ Title Uwxno a to Eagle fitY Titl8......... ...... 200.00 75.00 Closing Fee to Eagle CountY Title............ ....... 10.00 T. r•.ertif tone(s) to Eagle qty Title............ Dmmmitary Fee ..................................... 3 190.00 TCjwn Transfer Tax ................. ff-.Du-- &ording warding of Deed. ............................ 11.00 Trust Deed ...................... Ra oor . . '-? ....... 0osaztY Title. jq? Eagle option to Eagle Casty Title.......... l 50.00 em Courier F Fool As?tent to Heaver Creek West........... 3,737.00 Section 1031 Es! dwige Fee 650.00 . prof Do--h Pc?t ................................ DiDirty Pay-ent Devil ..................................... 850.00 168,921.34 5,751.46 163,169.88 Balance due frcm Buyer 168,921.34 168,921.34 SSF A jje Estate Sun s:id Ski Properties T.isting Agent Selling Agent The above fi.9tues do not include sales or use teas on persural gcvperty. I/We barmy acl nowledge receipt of b As stabment. imvIIwia) AND APPROVED: RichaPd Westlusd David Westland C L` N EA=X COMITY TITLE CORPORATION POST OFFICE BOX 980 AvOmi cowx A0 61620 BUYERS SETTLE STATEMENT (Fxfchangor) Intermediary Buyer s forFWBBTLUM EXCHMGE a Qualified Sellers DIRTY DEVIL RIVER DEVELOPMENT CO., a Colorado corporation property 278 Benchmark road, gL-1 Address: Avon CO 81620 .serow Number: 321289 Escrow Officer: Michael J• Brudwick Purchase Price.... ............................... Cloning Fee to Eagle County Title.. ..-•••••-• owners Title Policy to Eagle County Title.......... Tax Certificate(s) to Eagle County Title............ Documentary Fee .................................... Town Transfer Tax ................................... Recording of need ................................. - Recording of Release....... ... .... please of option to Eagle County Title........, cord TN Affidavit to Eagle County Title .......... wrier Fees to Eagle County Title.......... change Proceeds transterred from Professional Exchange Accoamvdators LLC.... Sub-totalb Balance due from Buyer Totals Settlement Data! Expenses Credits 179,400.00 75.00 412.00 10.00 B.0 .00 15.00 5.00 5.00 60.00 47,617.97 163,592.94 41,617.97 135,974.97 183,592.94 183,592.94 The above figure do not include sales or use taxes on personal Property. I/Wc hereby a owledge receipt of this statement. PROFESS" E]C ?ORS, L.L.C. By: C1?C L4 nthorized Siv=ature Title REVIEWED AM APPROVIR: WESTLIIND INVES a Riinneaota Partnership / IC?L?C? sy. D _ By. 8icbard Wastluad, Partnes David Nevtluad, Partacr ......,,.n -t -i% f7•viVV mn R77R1 .7 1 Cry/b?bU i law CU av Ulk ?a 4jw? -j" U)Oldc (IS Ae, U?t k?u?? u5?e- 5eG'ucv'usv-8 6v • .?c.?-3?s, ?l?N?-- , G? 'YUry -vlR.?no? t,? --::Z4 nn,lAO ? ?nn(k (?'? 'Yll 11 nE ? 1n A 91 k - Un N I/?.?C( °?tLX_a- C & (?t akj),e- /-Ikc ec?e?r? an.u ? ct4?w" -Y" ,"eaetc'?- w„?0'?'? J ic? vv- ?4? , ua? 1,12j? ?t' a&AVAVA pi?wtq?, mhaa?, oi„, S vv 7 ?i osio y? ate a s? ???Ak c??cQC?ec.. ?,?- nn ? Q Jl ??n 11 C7 r EXHIBIT A Issue: Countywide bike path We received, on the 20d' of June, a request for an easement that would place the bike path on or adjacent to our property. Our letter to the town council on June 22°d stated our concerns regarding the privacy, safety, security, and the noise and traffic that the bike path would bring into our neighborhood. We appreciate the opportunity the council has provided us to hear our concerns first hand. Today, and for the last 19 years, the people who live in our buildings F through J have enjoyed the tranquillity of their backyards. Today this part of our property is lawn that borders trees, an irrigation ditch, and the Eagle River. These buildings contain 11 units each. There are 55 families and their children that use and play in this area. The proposed alignment of the bike path will drastically change our neighborhood for the worst. Every person on the path will become a peeping Tom. Our children who play on the lawn will be in danger of being hit by a person on a bicycle. Bike paths are public thoroughfares that do not close at night. This path will provide easy and legal access for those who wish to do mischief. I asked public works if a survey had been done as to how many people would use the path. They said that to their knowledge no studies had been done. We believe that 20 to 50 people an hour would not be an exaggeration. This alone would create noise and commotion where none exists today. We understand that the path will be on or adjacent to our property. WV also understand that probably hundreds of people a day may be using this particular path. The challenge is how to minimize the adverse affects that this path will bring onto our community. Obviously, the further the path is located away from the buildings the less the intrusion. In our meetings with Miss Marten and Mr. wood, we asked why the path could not be located along the river or on the irrigation ditch. Miss Martens explained to us that there were environmental concerns as to the number of trees that would have to be cut down. And Miss Martens explained that it would be much more costly to put the path along the river or on the irrigation ditch. Miss Martens did not offer to us what the estimated price was for the construction of the path either in its proposed alignment or if it was built on the ditch or along the river. Miss Martens also told us of a rumor she had heard about the Arrowhead people abandoning the ditch. Miss Martens didn't think this would happen but didn't know for sure. Public Works has never shown us any plans or cost estimates that would align the path along the river or on the irrigation ditch. We do not believe enough effort has been put forth to find and cost another alignment. Because, this bike path will constitute a permanent intrusion into our neighborhood, the Town Council must balance the adverse affects that the proposed alignment will bring to the Sunridge Neighborhood against the cost of building the path along the river or on the location of the irrigation ditch. We are requesting that the Town Council table any further action on the path until the council can better balance the cost of constructing the path along the river or on the irrigation ditch with the safety, security, privacy, and tranquillity of this established neighborhood. Mr. Levin has told us that he will begin condemnation proceedings against the Sunridge Association on Friday, July 140'. We received Mr. Levin's easement proposals on the 20`h of June. This has put a time burden on the board of directors of our Association. We are asking the Town Council to look into a new alignment to the path. If over our objections the town council stays with the currently proposed alignment, we then would want to discuss other alternatives to minimizing the adverse affects this path has on our community. We have already spoken with Miss Martens and Mr. Wood about a privacy fence. We would want to see a higher and longer fence than has been offered in the easement proposals. The easement proposal does not state what materials would be used or who would be responsible for the maintenance of a fence. We also have problems with the appraisal. We know that the Town of Avon will pay for a second appraisal. We did not want to order a second appraisal, at the town's expense, until the town council rules on our request for a study of the alignment of the path. Once the Town Council rules on our request if needed we can immediately order a second appraisal and have our attorneys move on the easement proposals. Condemnation proceedings will cause both the town and our association legal fees that we in good faith can avoid. We ask the town council to table any motions for condemnation until first, the council rules on our request for further study as to the alignment of the path, second, we have a second appraisal done, and third we have an opportunity to negotiate an easement agreement. Do to the fact that we did not receive the easement agreements until the 20th of June, we believe condemnation proceedings at this time are premature. We thank the Mayor and Town Council for giving us the opportunity to present our concerns and requests. STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE I Ith DAY OF JULY, 2000, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 00-07, SERIES OF 2000: An Ordinance Authorizing the Execution and Delivery by the Town of a First Amendment to a Prior Lease Purchase and Sublease Agreement and an Official Statement; Approving the Assignment of the Town's Interest in a Contract to Purchase Real Property; Ratifying Action Previously Taken Concerning the Referenced Transactions; and Providing Other Matters Relating Thereto A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. 0 Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order, of the Town Council of the Town of Avon, Colorado Dated this 28th day of June, 2000. TO F AVON, COLORADO BY: s n Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 30, 2000: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY ORDINANCE NO.00-_jCLZ SERIES OF 2000 AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY BY THE TOWN OF A FIRST AMENDMENT TO A PRIOR LEASE PURCHASE AND SUBLEASE AGREEMENT AND AN OFFICIAL STATEMENT; APPROVING THE ASSIGNMENT OF THE TOWN'S INTEREST IN A CONTRACT TO PURCHASE REAL PROPERTY; RATIFYING ACTION PREVIOUSLY TAKEN CONCERNING THE REFERENCED TRANSACTIONS; AND PROVIDING OTHER MATTERS RELATING THERETO. 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, the Town Council of the Town (the "Town Council") has determined, and hereby deems, it is in the best interests of the Town and its inhabitants that the Town assign its rights in a real property purchase contract dated as of March 5, 2000 (the "Condominium Purchase Contract") concerning the purchase of 11 condominium units in the Sherwood Meadows Condominiums (the "2000 Project") to the Town of Avon Finance Authority (the "Lessor"), and that the Town then lease the 2000 Project from the Lessor pursuant to a Lease Purchase and Sublease Agreement dated as of July 1, 1998, as amended by the First Amendment to Lease Purchase and Sublease Agreement dated as of August 1, 2000 (as so amended, the "Lease") both by and between the Town and the Lessor; and WHEREAS, the obligation of the Town to pay Base Rentals and Additional Rentals (both as defined in the Lease) 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 obligations, 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, the Lessor and The Bank of Cherry Creek, N.A., as Trustee (the "Trustee"), will enter into a First Supplement to Mortgage and Indenture of Trust dated as of August 1, 2000 (the "First Supplement") which supplements the previously executed Mortgage and Indenture of Trust dated as of July 1, 1998 (as so supplemented, the "Indenture"), pursuant to which there will be issued Certificates of Participation, Series 2000, in the approximate aggregate principal amount of $2,410,000 (the "Certificates"); and WHEREAS, the Certificates shall evidence assignments of proportionate undivided interests in the rights to receive certain Revenues (as defined in the Lease), shall be payable solely from the sources therein provided, 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 obligations, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond the current fiscal year; and WHEREAS, neither the Lease nor the issuance of the Certificates shall directly or indirectly obligate the Town to make any payments beyond those appropriated for any fiscal year during which the Lease shall be in effect; and WHEREAS, there have been presented to the Town Council at this meeting: (i) the proposed form of the First Amendment, (ii) the proposed form of the Continuing Disclosure Certificate (the "Continuing Disclosure Certificate") to be provided by the Town; (iii) the proposed form of the assignment of the Condominium Purchase Contract; (iv) the proposed form of the Preliminary Official Statement (the "Preliminary Official Statement") relating to the Certificates; and (v) the proposed form of the Letter of Representations with the Depository Trust Company (the "Letter of Representations"); and WHEREAS, no member of the Town Council has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance; COLORADO: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Short Title. This Ordinance shall be known and may be cited by the short title "2000 Affordable Housing Financing Ordinance." Section 2. 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 or agents of the Town Council or the Town relating to the Condominium Purchase Contract, the 2000 Property and the Lease, including the First Amendment, is hereby ratified, approved and confirmed. The designation of the Preliminary Official Statement by the Town's Finance Director as a "nearly final Official Statement" for purposes of Rule 15c2-12 of the U.S. Securities and Exchange Commission is hereby ratified, approved and confirmed. Section 3. 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 • assignment of the Town's rights under the Condominium Purchase Contract and the acquisition, construction, equipping and leasing of the 2000 Project under the terms and provisions set forth in the Lease and the Indenture is necessary, convenient and in furtherance ofthe Town's purposes and is in the best interests of the inhabitants of the Town, and the Town Council hereby authorizes and approves the same. Section 4. Approval of First Amendment. The First Amendment, in substantially the form presented to this meeting of the Town Council, is in all respects approved, authorized and confirmed, and the Mayor of the Town is hereby authorized and directed for and on behalf of the Town to execute and deliver the First Amendment in substantially the form and with substantially the same content as presented to this meeting of the Town Council. Section 5. Approval of Official Statement. A final Official Statement, in substantially the form of the Preliminary Official Statement presented to this meeting of the Town Council, 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 presented to this meeting of the Town Council, with such changes as may be approved by the Finance Director. The distribution by Hanifen, Imhoff Division of Stifel, Nicolaus Co., Inc. (the "Purchaser") of the Preliminary Official Statement and the final Official Statement to all interested persons in connection with the sale of the 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. The Mayor and Town Clerk and other appropriate officials or employees of the Town are hereby authorized to execute and deliver for and on behalf of the Town any and all additional certificates, documents, instruments and other papers, and to perform 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, including but not limited to the execution of the Letter of Representations, the Continuing Disclosure Certificate and such other certificates and affidavits as may be reasonably required by the Purchaser. The appropriate officers of the Town are authorized to execute on behalf of the Town agreements concerning the deposit and investment of funds in connection with the transactions contemplated by this ordinance. The execution of any instrument by the aforementioned officers or members of the Town Council shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 7. No General Obligation Debt. No provision of this ordinance, the Lease, the Indenture, the Preliminary Official Statement, the final Official Statement or the Certificates 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 not have any obligation to M make any payment with respect to the 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 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 Town debt or other financial obligation whatsoever. No provision of the Lease or the 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 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 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 2000 Project pursuant to the Lease. The Town Council hereby determines and declares that the period during which the Town has an option to purchase the 2000 Project (i.e., the entire maximum term of the Lease) does not exceed the useful life of the 2000 Project. Section 9. Repealer. All bylaws, orders, resolutions and ordinances of the Town, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any other such bylaw, order, resolution or ordinance of the Town, or part thereof, heretofore repealed. Section 10. Severability. If any section, subsection, paragraph, clause or other provision of this ordinance for any reason is invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or other provision shall not affect any of the remaining provisions of this ordinance, the intent being that the same are severable. Section 11. Effective Date, Recording; and Authentication. This ordinance shall be in full force and effect seven days after public notice following final passage. 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 or Mayor Pro-Tem and Town Clerk, and published in accordance with law. INTRODUCED, APPROVED ON FIRST READING, AND ORDERED i PUBLISHED BY POSTING IN ACCORDANCE WITH THE CHARTER, June 27, 2000, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on July 11, 2000, at 5:30 p.m. in the Municipal Building of the Town of Avon, Colorado. Mayor INTRODUCED, FINALLY PASSED, ADOPTED AND APPROVED, on July 11, 2000. 0 Mayor (SEAL) ATTESTED: Town Clerk 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: 1. That the foregoing pages are a true, correct, and complete copy of an ordinance approved on first reading by the Town Council (the "Council") of the Town at a regular meeting of the Council held at the Municipal Building of the Town on June 27, 2000 and finally passed and adopted at the regular meeting of the Council held at the Municipal Building of the Town on July 11, 2000. 2. The Ordinance has been signed by the Mayor, sealed with the corporate seal of the Town, attested by me as Town Clerk, and duly numbered and recorded in the official records of the Town; and that the same remains of record in the official records of the Town. 3. The passage of the Ordinance on first reading was duly moved and seconded and the Ordinance was approved by a vote of z- to - 4- of the members of the Council as follows: Those Voting Yes: Jim Benson Michael Brown Debbie Buckley Mac McDevitt Buz Reynolds Those Voting No: Those Abstaining: Those Absent: Rick Cuny 4. The Ordinance was duly moved and seconded and the Ordinance was finally passed at the meeting of July 11, 2000, by an affirmative vote of a majority of the members of the Council as follows: 11 -6- Those Voting Yes: Those Voting No: Those Abstaining: Those Absent: 5. The members of the Council were present at each of the meetings and voted on the passage of such Ordinance as set forth above. 6. There are no bylaws, rules or regulations of the Board which might prohibit the adoption of said Ordinance. • 7. That on June 232000, and July 7, 2000 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 Section 6.7 of the Charter. 8. Notice of the meetings of June 27, 2000 and July 11, 2000 in the forms attached hereto as Exhibit A was posted at the Town Hall not less than 24 hours prior to each meeting in accordance with law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this day of 52000. (SEAL) Town Clerk -7- is 11 0 EXHIBIT A (Attach Notices of Meetings) H:ACLIENTIDWISOR\001024042\ordinv2.wpd 6/20/00 4:19 pm -8- EXHIBIT B SOURCES AND USES OF FL-N,-DS Town of Avon, Colorado Certificates of Participation, Series 2000 Dated Date 08/01/2000 Delivery Date 08/21/2000 Sources: Bond Proceeds: Par Amount 2,345,000.00 Accrued Interest 6,867.92 Original Issue Discount -7,833.15 2,344,034.77 Uses: Project Fund Deposits: Project Construction Fund 1,978.082.11 Other Fund Deposits: Debt Se; rice Reserve Fund 201.257.50 Accrued Interest 6.867.92 208,125.42 Delivery Date Expenses: Cost of Issuance 78 500 00 Under-riter's Discount , . 21 105.00 Bond Insurance , 54.000.00 153.605.00 Other Us:s of Funds: Additional Proceeds 4.272.24 2,344.034.77 11 Jul 6, 2000 11:00 am pared by Hanifen, Imhoff ( 4.300 Swestao:AVON-2000HOU) Page I a BOND DEBT SERVICE Town of Avon, Colorado Certificates of Participation, Series 2000 Period Ending Princi Annual pal Coupon Interest Debt Service Debt Service 0& 21 /2000 110 1,2000 06-0 12001 41,207.50 41,207.50 41,207.50 12 01,?001 06101/2002 70,000 4.450% 61,811.25 61,811.25 61,811.25 131,811.25 193,622.50 12/01/2002 06/01/2003 75,000 4.650% 60,253.75 60,253.75 60,253.75 135,253.75 195,507.50 1?<012003 06/010-004 75,000 4.750% 58,510.00 58,510.00 58,510.00 133,510.00 192,020.00 12/01/2004 06/01/2005 80,000 4.750% 56,728.75 56,728.75 56,728.75 136,728.75 193,457.50 12/01/2005 85,000 4.800% . 54,828.75 54,828.75 54,828.75 139 828 75 06;01/2006 , . 194,657.50 06/01/2006 007 90,000 4.800% 52,788.75 52,788.75 52,788.75 142,788.75 195,577.50 12%01/2007 061,01/2008 100,000 4.900% 50,628.75 50,628.75 50,628.75 150,628.75 01,257.50 201.257.50 12 'O l ,3008 06.01:2009 100.000 0 5.000 /0 48,178.75 48,178.75 48,178.75 148,178.75 196.357.50 110 1 i2009 06/01/2010 100.000 5.000% 45,678.75 45,678.75 45,678.75 145,678.75 191.357.50 11-01/2010 06'01/2011 110.000 5.000% 43,178.75 43,178.75 43,178.75 153,178.75 196,357.50 12.01/2011 06 012012 115,000 5.100% 40,428.75 40,428.75 40,428.75 155,428.75 195.857.50 12 01;2012 0&- 01 ,2013 ~ 125.000 5.200% 37,496.25 37,496.25 37,496.25 162,496.25 199,992.50 1'_01'2013 ' 125.000 5.300% 34.246.25 34.246 25 34.246.25 159 246 25 193 492 50 06, 0l 2014 110 1; 2014 130,000 0 5.650% 30,933.75 30 933 75 , 30,933.75 , . 06.01:2015 . . 160,933.75 191.867.50 12 01;2015 06,01/2016 140.000 5.650% 27,261.25 27,261.25 27,261.25 167,261.25 194.522.50 12201/2016 145,000 5.650% 23,306.25 23,306.25 23,306.25 168 306.25 191 612 50 06101 /2017 12101/2017 155,000 5.650% 19,210.00 19 210 00 , 19,210.00 . . 06/0112018 , . 174,210.00 193,420.00 12i0l/2018 165.000 5.650% 14,831.25 14,831.25 14,831.25 179,831.25 194 662 50 06/01/2019 12/01/2019 175 000 5 650% 10.170.00 10,170.00 , . 06/01/2020 , . 10,170.00 185,170.00 195,340.00 12/01,2020 185,000 5.650% 5,226.25 5,226.25 5,226.25 190,226.25 195,452.50 2,345,000 1,592,600.00 3,937,600.00 3,937,600.00 Jul 6, 2000 1 1.00 am Prepared by Hwn fen, Imhoff ( 4.300 Swestoo:AVON-2000HOLD Page 2 BOND PRICING t Town of Avon, Colorado Certificates of Participation, Series 2000 Maturity Bond Component Date Amount Rate Yield Price Serial Bonds: 12/01/2001 70,000 4.450% 4.450% 100.000 12/01/2002 75,000 4.650% 4.650% 100.000 12/01/2003 75,000 4.750% 4.750% 100.000 12/01/2004 80,000 4.750`/0 4.780% 99.878 12/01/2005 85,000 4.800% 4.830% 99.854 12/01/2006 90,000 4.800% 4.860% 99.671 12/01/2007 100,000 4.900% 4.930% 99.811 12/01/2008 100,000 5.000°/a 5.000016 100.000 12/01/2009 100,000 5.000% 5.0401/6 99.698 12/01/2010 110,000 5.000°/0 5.080% 99.357 12101/2011 115,000 5.100°/o 5.180% 99.315 12101/2012 125,000 5.200% 5.250% 99.543 12/01/2013 125,000 5.300% 5.360% 99.426 1,250,000 Term Bond Due 2020: 12/01/2020 1,095,000 5.650% 5.680% 99.631 2.345,000 Dated Date 08/01/2000 Delivery Date 08/21/2000 First Coupon 12/01/2000 Par Amount 2.345.000.00 Original Issue Discount -7.833.15 Production 2,337.166.85 Underwriter's Discount -21.105.00 Purchase Price 2,316.061.85 Accrued Interest 6,867.92 Net Proceeds 2,322,929.77 Jul 6, 2000 11:00 am Prepared by Hanifen, Imhoff 99.665964% -0.900000% 98.765964% ( 4.300 SwestooAVON-2000HOt)) Page 3 BOND SUN11MARY STATISTICS Town of Avon, Colorado Certificates of Participation, Series 2000 Dated Date 08/01/2000 Deliverv Date 08/21/2000 First Coupon 12/01/2000 Last Maturity 12/01/2020 Arbitrage Yield 5.724027% True Interest Cost (TIC) 5.834221% Net Interest Cost (NIC) 5.539617% All-In TIC 6.257911% Average Coupon 5.440756% Average Life (years) 12.427 Duration of Issue (years) 8.427 Par Amount 2,345,000.00 Bond Proceeds 2,344,034.77 Total Interest 1,592,600.00 Net Interest 1,621,538.15 Total Debt Service 3,937,600.00 Maximum Annual Debt Service 201,257.50 Average Annual Debt Service 193,844.32 Undem-riter's Fees (per S 1000) Average Takedown Other Fee 9.000000 Total Underwriter's Discount 9.000000 Bid Price 98.765964 Bond Component- Par Value Average Price Coupon Average Life Seriai Bonds 1,250,000.00 99.697 5.040% 7 974 Term Bond Due 2020 1,095,000.00 99.631 5.650% . 17.511 2,345,000.00 12.427 Jul 6, 2000 11 .00 am Prepared by Hanifen, Imhoff ( 4.300 SwestooAVON-2000HOU) Page 4 BOND SUMMARY STATISTICS Town of Avon, Colorado Certificates of Participation, Series 2000 All-In Arbitrage TIC TIC Yield Par Value + accrued 2,345,000.00 2,345,000.00 2,345,000.00 + Premium (Discount) 6,867.92 -7 833 15 6,867.92 6,867.92 - Undem*rites Discount , . -21,105.00 -7,833.15 -21 105 00 - 7,833.15 - Cost of bsuance Expense , . - Other Amounts -54,000.00 -78,500.00 -54,000.00 -54,000.00 Target Value 2,268,929.77 2,190,429.77 2,290,034.77 Target Date Yield 08/21/2000 08/21/2000 08/21!2000 5.834221% 6.257911% 5.724027% Jul 6, 2000 11.00 am Prepared by HaaifM Imhoff ( 4.300 Swestco:AVON 2000HOC) Page 5 NET DEBT SERVICE Town of Avon, Colorado Certificates of Participation, Series 2000 Period Ending Total Debt Servi General Debt Service Net ce Fund Reserve Fund Debt Service 1?'01/2000 12/01 /2001 41.207.50 6,867.92 3,200.01 31,139.57 12/01/2002 193,622.50 195 507 50 11,520.04 182,102.46 12/01/2003 , . 192 020 00 11,520.04 183,987.46 12/01/2004 , . 193 457 50 11,520.04 180,499.96 12/01/2005 , . 194 657 50 11,520.04 181,937.46 12/01/2006 , . 195 577 50 11,520.04 183,137.46 12101/2007 , . 201 257 50 11,520.04 184,057.46 12/01/2008 , . 196 357 50 11,520.04 189,737.46 12/01/2009 , . 191 357 50 11,520.04 184,837.46 12/01/2010 , . 196 357 50 11,520.04 179,837.46 12/01 /2011 , . 195 857 50 11,520.04 184,837.46 12/01/2012 , . 199 992 50 11,520.04 184,337.46 12/01/2013 , . 193 492 50 11,520.04 188,472.46 12,101/2014 , . 19 ( 867 50 11,520.04 181,972.46 1201 /2015 , . 194 522 50 50 11,520.04 180,347.46 12/01/2016 , . 191 612 50 11,520.04 183,002.46 12/01/2017 , . 193 420 00 11, 520.04 180,092.46 12101 /2018 , . 194 662 50 11,520.04 181,899.96 1? 01/2019 , . 195 340 00 11,520.04 183,142.46 4 12/01/2020 , . 195 452 50 11,520.04 183,819.96 , . 212,777.54 -17.325.04 3.937,600.00 6,867.92 434,858.31 3.495.873.77 Jul 6, 2000 11.00 am Prepared by Hanifen, Imhoff ( 4.300 Swestco:AVON-2000H0[n Page 6 eT\4emo To. Honorable Mayor and Townes 2Council Thin: Bill Efting, Town Manager w L-- From: Michael Matzko, Director of Community Development Dale July 6, 2000 Re: Ordinance 00-8, An Ordinance Amending Section 15.40 Of The Avon Municipal Code To Define And Regulate Non-Certified Gas-Log Fireplaces In The Town Of Avon, Eagle County, Colorado. Summary At the June 27 Council Work session, several owners of property in Mountain Star and Wildridge asked Council to amend the Town's fireplace regulations. The property owners want to be allowed to install multiple standard fireplaces, fitted with gas-log sets, in their homes. They are currently prohibited from doing so because Chapter 15.40 of the Avon Municipal Code effectively defines this type of fireplace as a woodburning fireplace. Each home may have no more than one such fireplace. Following the discussion during the work session, Council directed staff to revise Chapter 15.40 to allow multiple fireplaces of this type. The revised regulation is attached in the form of Ordinance 00- 08. First reading is scheduled for July 11. Discussion Summary of Existing Regulation Chapter 15.40 of the Avon Municipal Code regulates the number and type of fireplaces allowed within the Town. The original ordinance was adopted by Council in 1992 specifically to promote air quality, and to promote heat sources that are efficient and have a reduced polluting effect. The regulation essentially prohibits wood burning fireplaces below 7,820 feet elevation, and allows a maximum of one fireplace for each new single-family and duplex home above 7,820 feet. A property owner wanting to install a fireplace must pay an additional $1,500 fee when applying for a building permit. The regulation does not restrict the installation of sealed, appliance-type gas-log fireplaces, or certified solid-fuel-burning devices (such as a pellet stove). Property Owners' Concerns The property owners contend that the appliance-type gas-log fireplaces permitted by the regulation are not aesthetically acceptable, particularly for homes in Mountain Star. They want to be able to install • nnemo to I own council, June 20, 2000 Page 1 of 2 Re: Ordinance 00-8 standard fireplaces fitted with gas log sets. Chapter 15.40 treats this type of fireplace the same as a woodburning fireplace, thereby limiting each home to one. Proposed Regulation The proposed revisions to Chapter 15.40 are shown in the attached copy of Chapter 15.40. Deleted language is shown in strikethrough text (e*aWle) and new text is shown in bold underline (example . Town Manager Comments Attachments: A - Chapter 15.40 of the Avon Municipal Code, with revisions shown in strikethrough and bold text. B - Ordinance 00-8 0 Memo to Town Council, June 20, 2000 rage c ui c Re: Ordinance 00-8 t SOLID-FUEL-BURNING DEVICES .q Prf i nnc 15.40.010 Purpose and applicability. 15.40.020 Definitions. 15.40.030 Regulations below elevation of seven thousand eight hundred twenty feet. 15.40.040 Regulations above elevation of seven thousand eight hundred twenty feet. 15.40.050 Gas appliances. 15.40.060 Coal usage prohibited. 15.40.010 Purpose and applicability. These regulations are enacted for the purpose of promoting the health, safety and general welfare of the residents of and visitors to the town of Avon. These regulations are intended to achieve the following more specific purpose: A. To protect air quality-,-a, Te prmmete heat eurees that are-P€fieient and ha vT'e & Y-ed••ee-' r , , t ' ng--Peet . (Gr-d- 1 §1-Epaim-)- 15.40.020 Definitions. A. "Certified-solid-fuel burning device," means a solid-fuel- burning device which is certified by the Air Pollution Control Division of the Colorado Department of Health to meet the emissions standards set forth in Section IV of Regulation No. 4 of Volume I of Colorado Air Quality Control Commission. B. "Gas appliance" means a fully self-contained, U.L. listed and A.G.A. fireplace unit which does not require venting through a chimney and which does not permit the use of solid fuel. C. "Certified-Gas-log fireplace" means a gas appliance equipped with an A.G.A. and U.L. listed artificial log unit which is approved for the burning of natural gas. D. "Solid-fuel-burning device" means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. 11 I E. "Wood-burning fireplace" means an open hearth or fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. (Ord. 91-11 §1 (part)). F "Non Certified Gas-log fireplace" means a wood-burning fireplace equipped with an artificial log unit which is approved for the burning of natural gas, and is not used for burning wood or other solid fuel. 15.40.030 Regulations below the elevation of seven thousand eight hundred twenty feet. Below the elevation of seven thousand eight hundred twenty feet no new wood-burning or solid-fuel-burning fireplaces or other devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. No mobile or modular home shall be moved into place in the town and connected to utility service which has installed with such mobile or modular home a solid-fuel-burning device. Below such elevation, certified-solid-fuel-burning devices, gas appliances and certified gas-log fireplaces shall be permitted. Below such elevation there shall also be permitted one wood- burning fireplace in the lobby of spy hotel or lodge; provided, a fee in the amount of three thousand dollars is paid at the time of application for building permit. (Ord. 91-11 §1 (part)). 15.40.040 Regulation above elevation of seven thousand eight hundred twenty feet. Above the elevation of seven thousand eight hundred twenty feet; one wood-burning fireplace shall be permitted in each new dwelling unit constructed; provided, a fee in the amount of one thousand five hundred dollars is paid at the time of application for building permit; provided, no new wood burning or other solid-fuel-burning fireplaces or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Above such elevation, certified-solid-fuel-burning devices, gas appliances and non certified qas-log fireplaces shall be permitted. (Ord. 91-11 §1 (part)). 15.40.51 Gas appliances. All gas-log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. (Ord. 91-11 §1(part)). 15.40.060 Coal Use Prohibited. The burning of coal within the town is prohibited. (Ord. 91-11 §1 (part)). E ORDINANCE NO. 00 - 08 AN ORDINANCE AMENDING CHAPTER 15.40 OF THE AVON MUNICIPAL CODE RELATING TO SOLID FUEL BURNING DEVICES BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 15.40.010(A) is hereby repealed and reenacted to provide as follows: "To protect air quality." Section 2. Amendment. Section 15.40.010(B) is hereby repealed. Section 3. Amendment. Section 15.40.020(A) is hereby repealed and reenacted to provide as follows: "'Certified gas-log fireplace' means a gas appliance equipped with an A.G.A. and U.L. listed artificial log unit which is approved for the burning of natural gas." Section 4. Amendment. A new Section 15.40.020(F) is hereby added to provide as follows: "'Non-certified gas-log fireplace' means a wood-burning fireplace equipped with an artificial log unit which is approved for the burning of natural gas, and is not used for burning wood or other solid fuel." Section 5. Amendment. The third sentence of Section 15.40.030 is hereby repealed and reenacted to provide as follows: "Below such elevation, certified-solid fuel-burning devices, gas appliances and certified gas-log fireplaces shall be permitted." Section 6. Amendment. The last sentence of Section 15.40.040 030 is hereby repealed and reenacted to provide as follows: "Above such elevation, certified-solid fuel-burning devices, gas appliances and non-certified gas-log fireplaces shall be permitted." INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2000, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the _ day of , 2000, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. Judy Yoder, Mayor Attest: Kris Nash, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 52000. Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney 11 • 2 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD JUNE 27, 2000 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken with Councilors Jim Benson, Michael Brown, Debbie Buckley, Mac McDevitt and Buz Reynolds. Boardmember Rick Curly was absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Executive Assistant Jacquie Halburnt, Police Chief Jeff Layman, Fire Chief Charles Moore, Recreation Director Meryl Jacobs, Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Community Development Director Michael Matzko, Special Events Coordinator Sarah Lai, Planner Tambi Katieb, Assistant Director of Community Development Ruth Borne, Community Development Administrative Assistant Celia Fenton as well as members of the public Citizen Input: Salute to the USA Update Special Events Coordinator Sarah Lai updated the Council on the th July 4 Salute to the USA to take place in Nottingham Park. There will be food and craft vendors as well as a free concert by Flash Cadillac at 6:00 PM. Fireworks begin at 9:45. Citizen Input: Wildridge Safety (Ms. Peggy Pieters/Mr. Charlie Sherman) Ms. Peggy Pieters approached the Council regarding the speed bump that was placed in Wildridge. She questioned what took place at the last Council meeting to cause the removal of the speed bump on Wildridge Road. She stated that she attended a meeting at the end of May that Council motioned to install a speed bump on Wildridge Road. She believed that the motion was to install the speed bump and review it in 30 days. Ms. Pieters discussed a petition that was distributed amongst Wildridge residents regarding the installation of a speed bump on Wildridge Road, and the steps she followed to circulate the petition. Ms. Pieters questioned if it is procedure for the Council to vote on an issue, set a time limit on that issue and then revote on the issue before the time limit is up. She felt that the Council did not keep their word, that they were blasted in the newspaper, and acted with an act of integrity. She stated that she is not attached to having speed bumps in Town of Avon Regular Council Meeting June 27, 2000 Wildridge, but that is the only thing she knows of for controlling speed. She is open to other ways. She just felt that the Council did not keep their word. Town Manager Efting stated that there is some confusion. He stated that he was the one that said "do we want to try this for 30 days". The Council at that point said that they did not want a specific amount of time. Town Manager Efting stated that Staff did go out to Wildridge and looked at the option of installing speed dips. The Town is not giving up on ways to slow down the traffic in Wildridge. Ms. Pieters then questioned once again if it is policy for the Council to vote on something and then revote 2 weeks later to do something else. Council stated that they have that option. Councilor Reynolds questioned how long the speed bump was installed for. He was told 10 days. He questioned how many people came in opposition. Mayor Yoder stated about six people. Ms. Pieters and Council discussed the petition again. Ms. Pieters stated that she is disappointed in the actions that have taken place regarding the speed bump. She feels that it was not handled in the proper manner. Councilor Reynolds questioned the reason for taking out the speed bump. Council said Citizen Input and phone calls. Council stated that they did not receive any comments in favor of the speed bump. Next, Mr. Charlie Sherman approached the Council to correct some misinformation that was reported in a newspaper article that he said blasted he and Ms. Pieters. He stated that the article said the speed bump was placed in front of their house, the bump was placed 50 feet up the street. Regarding the variance, the article stated that the variance was a favor and that the speed bump was another favor. He stated that variances are granted to allow construction on difficult sites, not favors. Mr. Sherman also commented on quotes from residents in Wildridge. Mr. Sherman stated that he is open to different remedies to speeding besides speed bumps. He has met numerous times with Police Chief Layman and appreciates all that he and his staff has done. Citizen Input: Real Estate Transfer Tax Appeal, 2481 Buffalo Head, Wildridge (Whitney Grundtisch) 0 Town of Avon Regular Council Meeting 2 June 27, 2000 Mayor Yoder stated that Ms. Grundtisch has delayed her appeal to the July 11, 2000 meeting. Citizen Input: Real Estate Transfer Tax Appeal, 0288 West Beaver Creek Blvd. (Westlund Investments) Town Attorney Burt Levin introduced Mr. Thomas McMillen of Professional Exchange Accommodators, LLC, who represents Westlund Investments. Mr. McMillen discussed the Internal Revenue Code 1031 (Real Estate Exchange) and then discussed a Reverse 1031 Exchange, which is the exchange the Westlund's did. He stated that the Westlund's had to close on their new property prior to selling their old property, and further discussed how they did the Reverse 1031 Exchange. He stated that the Westlund's had a contract to buy a property in Avon and had a property for sale in Minnesota. Time came to close on the new property in Avon, but the Minnesota property had not yet sold. The Westlund's came to Mr. McMillen's company and they set up a Colorado holding company. The holding company buys the new property for the Westlund's and holds it for them. When the holding company bought the property for the Westlund's, it paid the Avon transfer tax. Mr. McMillen stated the transfer tax has been paid once and they are asking for exemption from paying a second transfer tax. He stated the holding company is "in title" but it is merely an accommodation under the Internal Revenue Code for the Westlund's. Mr. McMillen stated that the property in Minnesota has sold and the Westlund's can now transfer the proceeds from that property to the holding company who will transfer the Avon property to the Westlund's, which makes the transfer tax payable again. Mr. McMillen stated it is the second transfer tax that they are appealing. Mr. McMillen felt that there is a current provision in the Town's code in section 3.12.060 (G) that the Westlund's would fall into. Mayor Yoder questioned why the sale price was larger on the second transaction than the first. Mr. McMillen stated because the Westlund's made improvements to the property. Mr. McMillen agreed that a transfer tax should be paid attributable to the increase in value. Councilor Reynolds questioned that the property was purchased as an investment and not as a primary residence. Mr. McMillen stated that is correct. Councilor Reynolds questioned this. Town Attorney Levin stated that he does not agree that Section 3.12.060(G) applies. He stated that (G) only applies if there is a transfer without consideration. He stated that he has the settlement sheet for two transfers and there is consideration for both transfers. He stated (G) contemplates correcting minor changes in subsequent transfers between the same parties to undo technical mistakes and to make minor boundary adjustments, it does not speak of this case. Councilor Reynolds questioned what item G was written for. Mr. Levin discussed. Town of Avon Regular Council Meeting June 27, 2000 • Mr. Levin stated that he denied the application because there is no recognition in our exemptions for 1031 transfers. Mayor Yoder commented that it is not the 1031, but the Reverse 1031 that causes the problem. Mr. McMillen stated that is correct. Mr. McMillen questioned how he could make suggestions to amend the Town code to provide for the Reverse 1031 Exchange. Mr. McMillen then introduced Ms. Michelle Page of Beaver Creek West who spoke to the Council on the economic aspects of this exchange. Ms. Page stated that the Westlund's would not have purchased the unit if they knew they would have to pay a second transfer tax. Mr. Levin stated that Council should make a motion that either the appeal is successful and the tax is waived, or the tax be paid and the exemption not be granted. Mayor Yoder questioned if it could be tabled and discussed again within 30 days. Mayor Yoder felt that what was said does have merit and she would like to discuss it further at a worksession. Council agreed. Councilor Reynolds motioned to table to the next meeting the Transfer Tax Appeal for 0288 West Beaver Creek Blvd., Westlund Investments. Councilor McDevitt seconded the motion. The motion carried unanimously. Council requested to see all documentation on the exchange prior to making any decisions. Ordinances: First Reading of Ordinance No. 00-07, Series of 2000, An Ordinance Authorizing the Execution and Delivery by the Town of a First Amendment to a Prior Lease Purchase and Sublease Agreement and an Official Statement; Approving the Assignment of the Town's Interest in a Contract to Purchase Real Property; Ratifying Action Previously Taken Concerning the Referenced Transactions; and Providing Other Matters Relating Thereto Finance Director Scott Wright stated this ordinance is also known at the 2000 Affordable Housing Financing Ordinance. This ordinance concerns the purchase of I 1 condominium units at Sherwood Meadows by the Town of Avon Finance Authority and then leasing those units to the Town from the Authority pursuant to an existing lease purchase and sublease agreement that was created when we financed the Swift Gulch Maintenance Facility. Mr. Wright stated this ordinance designates the preliminary official statement as a nearly final official statement for the purposes of the US Securities and Exchange Commission. It authorizes distribution of the preliminary official statement by our underwriters. They use that statement in the marketing of their bonds, which will occur in approximately one week It also authorizes the Mayor, Town Clerk, and other officials Town of Avon Regular Council Meeting 4 June 27, 2000 and employees of the Town to execute and deliver all the other documents and certifications that pertain to this financing. A public hearing is scheduled on July 11 where a representative of the underwriters will be here to talk to the Council regarding interest rates and final financing dollars. Mr. Wright stated that he could also make Bond Counsel available at that meeting if the Council desires. Council stated that was not necessary. Councilor Benson motioned approval of Ordinance No. 00-07, Series of 2000 on first reading. Councilor Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Resolutions: Resolution No. 00-31, Series of 2000, A Resolution Endorsing the Vassar Meadows Land Exchange Between the White River National Forest and Town of Avon, Eagle County, Colorado ® Mayor Yoder stated this is a public hearing. Town Planner Tambi Katieb asked if there were any questions. There being no questions, Councilor Benson motioned approval of Resolution No. 00-31, Series of 2000. Councilor Buckley seconded the motion. The motion carried unanimously. Town Manger Report: Town Manager Efting reminded everyone of an open house in the councilchambers on Thursday, June 29, from 5-7 PM on the Forest Service land exchange. Mr. Efting stated that item c of the consent agenda will be changed from "approval" of the audit to "acceptance" of the audit. Other Business: Councilor Reynolds asked Council why the 30 day trial period was not upheld for the speed bump in Wildridge. Council said that it was not motioned for 30 days, it was a number that was thrown out during discussions. Councilor Reynolds stated that he spoke to a number of people in Wildridge today and they said they really had to slow down and think about where the bump was. He said that people told him that it was working. Town of Avon Regular Council Meeting 5 June 27, 2000 • Council discussed the issue and decided that it will be discussed at a future work session. Consent Agenda: a.) Approval of the June 13, 2000 Council Meeting Minutes b.) Financial Matters c.) Approval of Audit by Van Schooneveld & Co. d.) Contract with Quickbeam Systems, Inc. e.) Contract with Ourston for Roundabout Design Resolution No. 00-32, Series of 2000, A Resolution Approving Amended Condominium Map of Unit E-203, Second Supplement to Condominium Map for Canyon Run and Unit I-201 (Garages A & B), Sixth Supplement to Condominium Map for Canyon Run, Lot 4, Nottingham Station, PUD Amendment No. 3, Town of Avon, Eagle County, Colorado Councilor Benson motioned approval of the Consent Agenda with the change of item c to read "acceptance" of the audit. Councilor McDevitt seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Buckley motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 6:20 yM. Y SUBMITTED: ash, Town Clerk APPROVED: Jim Benson Michael Brown Debbie Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder Town of Avon Regular Council Meeting June 27. 2000 6 E '0 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: July 5, 2000 Re: Nottingham Park - Basketball Courts Proposal / Inter-Mountain Engineering, Ltd. Engineering & Design Services Summary: The attached Proposal for Engineering Services including Design, Construction Contract Documents, Construction Surveying and Contract Administration for the Nottingham Park Tennis Courts was submitted by Inter-Mountain Engineering, Ltd. This Proposal was submitted in response to our request for a proposal. Inter-Mountain Engineering was the design engineer for the existing tennis courts and the basketball court is seen as an extension of that work. Subsequently, proposals were not requested from other firms. The estimated costs as outlined in the attached Proposal are summarized as: Site Plan $ 6,120.00 Contract Documents 1,785.00 Construction Surveying 1.395.00 Contract Administration 2250.00 Total Estimated Cost $11,550.00 The cost of these services has been included in the current Project Budget of $ 185,000.00. Approval of the Inter-Mountain Engineering, Ltd. Proposal for Engineering and Design Services for Nottingham Park Basketball Courts with an estimated cost of $11,550.00 is recommended. Recommendations: Approve the Inter-Mountain Engineering, Ltd. Proposal for Engineering and Design Services for Nottingham Park Basketball Courts with an estimated cost of $11,550.00. Town Manager Comments: 11 IAFngineafinglCW\]3aAd-ba11 C62.2 FngineaingNam prpsl Aprvl.Doc V VJ/ rVVV V~• J~ V J~~ JJJJ 1,.1 L.• .,1,• V.. .4• 1 n\JL Vl 0 Reirr-Mimuntain IAIL July 5, 2000 Mr. Norman Wood Town of Avon P.O. Box 975 Avon, CO 81620 Via: Hand Delivery 'Re-, Basketball Courts -Nottingham Park Dear Norman: As requested we are submitting a proposal for the design and construction administration of basketball; courts located west of the existing tennis courts in Nottingham Park. Based on our, conversation our services will include: 1, Site Dm:gA: Our design will be based on the same specification and dimension as the existing tennis courts. The grading and drainage will be based on a new topographic survey of the area. We will utilize the existing drainage study prepared by IME on January 1994, Proj ect No. 93 890E. 2. Contract bocuments: A project manual, including technical specification will be prepared for this project. The contract form and general conditions vill be the standard form used by the Town of Avon on previous projects. The technical specification will be based upon the current standards published by the Colorado Department of Transportation, modified as necessary for this project. Landscaping and irrigation design are not a part of this contract. We will assist with advertising, hold a pre-bid meeting with prospective contractors, attend the bid opening, review the bids and recommend a contractor. 3. Construction. Surveying: We will establish horizontal and vertical control suff cient for the contractor to perform his layout. 8392 Con&*ntal Dvide Road, Suite #107 • Uttleton, Colorado 80127 • Phone: 303/946-6220 0 Fax 3031946-6526 77 Metcalf Road, #200 • Boot 978 • Avon, Colorado 81620 • Phone: 970/949-5072 • From Denver DOOM 893,1531 V/ r V V r LV VV V J. J i J/ V J 1 J J J J J 11 1-/ 1 1 `/\y• / YiWL V1 i 4. Contract j %dministration: After the contract is awarded, we will hold a pre-construction sheeting with the selected contractor, perform periodic observations of his work in progress, and will review peri4c pay requests. Construction observation efforts shaU be directed at providing you with a greater degree of ass; rance that the contractor is providing work in compliance with the contract documents. Services provided by Inter-Mountain Engineering shall not relieve the contractor of pis contractual obligations. We have assumed that part-time observation of the work will be sufficient for this project. Therefore 30 hours of time has been included for this phase. 'Estimated Ptofessional Fees: I would suggest that an hourly fee with a guaranteed maximum cost approach be taken with this project. We have found that by working closely with our clients, providing the with only those services which they require eliminates the need for "contingency,' expense. i In this manner, when it is possible to accomplish a project for less than the estimated cost, our client is able to realize the savings. We do understand the need to work within budgets, and the following is an estimate of the cost: Site Plan $6,120.00 j Contract Documents $1,785.00 Construction Surveying $1,395.00 Contract Administration $2,250.00 Total Estimated Fee: $111550.00 The above listed services are inter-related and the total fee has been divided into tasks to facilitate the preparation and approval of progress billings. The total fee for the services described in. this proposal will not exceed $11, 550.00, plus any additional services requested and reimbursable costs (Fed-Ex, prints, etc). Pleased note that fees for construction surveying and contract administration have been estimated but cannot be guaranteed. Many actions or inactions on the part of the contractor can have a dramatic effect on this cost. Should we discover that these budget estimates have been set too low, we will notify you immediately. It is understood that changes to the design may necessitate changes to the engineering puns resulting an increase in the scope of services. All work outside the described scope of services will be billed at the normal billing rates for the individuals assigned to the project. No out of scope services will be provided without.authorization_ U UW Lbbb f0j: di 7IU-74':1 IN 1 CK-M I N GNwa. rr+taG c~ l~lII `J You will be billed monthly for services to date. Invoices submitted are due upon receipt. If itlshould become necessary to enforce collection, including attorney's fees. i The Qnly warranty or guarantee ruade by Inter-Mountain Engineering, LTD., in connection ith the services performed hereunder is that we will use that degree of care and skill o ily exercised under similar conditions by reputable members of the engineering rofession practicing in this area. Approval by governing agencies of snaps, plans, desi or reports prepared by Inter-Mountain Engineering shall constitute compliance th this standard. No other warranty, either expressed or implied, is made or intended l y this proposal for consulting services or by finishing oral or written reports. I to thank you again for considering Inter-Mountain Engineering, and sincerelyap eciate your confidence in our abilities. I am looking forward to working with you on his project. S' rely' Duane D. Fehringer, P.E. & P.L.S. Project Manger i Please acknowledge your consent to this proposal agreement by signing below and riturning one copy to us. By Date 0 TOWN OF AVON RESOLUTION NO. 00-33 SERIES OF 2000 A RESOLUTION APPROVING AND FIXING THE PARTICULAR LOCATION OF A PORTION OF THE WEST AVON BIKE AND PEDESTRIAN TRAIL WHEREAS, the Town Council has previously directed, authorized, and budgeted for construction of the West Avon Trail (a bike and pedestrian trail)(see Res. No. 99-60), and WHEREAS, the West Avon Trail improvements will be made in pursuance of the public interest in health, safety, and welfare (see Res. No. 00-30). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town of Avon Council hereby approves the particular location of a portion of the West Avon Trail, across the lands owned by Sunridge II Condominium Association, as depicted in the shaded areas of the three exhibits attached hereto. ADOPTED this day of , 2000 TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk 11 I EXHIBIT 1 PARCEL 2 A PARCEL OF LAND LYING IN LOT 1. SUNR1DGE AT AVON N CONDOMINIUMS AS RECORDED IN BOOK 312 AT PAGE 438, PUBLIC RECORDS OF EAGLE COUNTY. COLORADO. BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUNRIOGE AT AVON 0 CONDOMINIUMS: THENCE ALONG THE NORTH UNE OF SAID SUNRWGE AT AVON N CONDOMINIUMS N60'34'14*E. A DISTANCE OF 277.42 FEET; THENCE DEPARTING SAID LINE S65'59'4y1N. A DISTANCE OF OF 6 DISTANCE -W. A 25*05 THENC EET; 58.27 LINE~OFTSAIO SUNRIDGE AT AVON IaCONDO NI MS;11 _FEET. THENCE THENCE ALONG SAID LINE W THENCE S70* A DISTFANCE OF 74..2 FEET TO INTERSECT THE WEST1.55 N00'03'43'E. A DISTANCE OF 35.71 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.127 ACRES OF LAND MORE OR LESS. Dona B. Spigw4w WHISjF Date Slob of Colorado • SPI ~V PLS No. 33655 O ..0• C~'•. ~ v°O:• ~p' o R O.W. (ZOO b 3366 : w {ern Rdilrndd ~o f did Wee ~~a d Rio TRACT L BENCHMARK AT BEAVER CREEK, AMEND. 4 BOOK 274, PAGE 701 POINT OF BEGINNING NW CORNER SUNRIDGE AT AVON 11 CONDOMINIUMS 1 i 8 W 7A.2 61 21 LOT 1 SUNRIDGE AT AVON II CONDOMINIUMS BOOK 312. PAGE 438 ~O W~^ Omo ~N oa < NY DEFECT IN I DEFECT. IN 1 Y BE COMMENI SHOWN HMO 50' SLAW You MIS SURVEY WITHIN ENT MAY ANY I ORE THAN TEN JIM 7= AEI e ( PARCEL ' EXHIBIT z A PARCEL OF LAND LYING IN LOT 1, SUNRIDGE AT AVON 11 CONDOMINIUMS AS RECORDED IN BOOK 312 AT PAGE 438. PUBLIC RECORDS OF EAGLE COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SUNRIDGE AT AVON M CONDOMINIUMS FROM WHICH THE INTERSECTION OF SAID NORTH LINE AND THE NORTHWESTERLY RIGHT-OF-WAY ARC OF BEAVER CREEK BOULEVARD (80' WIDE) BEARS S79'06'17"E, 420.53'; THENCE ALONG SAID NORTH LINE S79'06'17"E. A DISTANCE OF 148.01 FEET; THENCE DEPARTING SAID LINE S34'37'23W. A DISTANCE OF 19.75 FEET; THENCE N55'22'37"W, A DISTANCE OF 2303 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 106.00'. A CENTRAL ANGLE OF 19'19'03". A CHORD BEARING OF N8314'04-W. AND A CHORD LENGTH OF 35.57'; THENCE. ALONG THE ARC OF SAID CURVE A DISTANCE OF 35.74 FEET TO THE POINT OF TANGENCY; THENCE N73'35'09"W. A DISTANCE OF 84.21 FEET; THENCE N1624'51'E. A DISTANCE OF 3.30 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.031 ACRES OF LAND MORE OR LESS Dana 8. Spipener Dote State of Colorado Q~ l PLS No. 33653 q~~.••~. SP/C••.9~n . O 3365b o• ~~~~QyAI 11+N~SJ 1#'=501 OF BEGINNING -I 7-E 9-1 N 16'24'51 "E 3.30' DELTA 19'19'03" L-35.74' CHD-NB3'14'04"W. 35.57' B C 4A iW 47' 74C7. L sock 'tEAw EREEK. ,gtijEND V~_SUNR~n, _ 4 6 re Oj.J>.~ S34'37'23"W 79.06,1 re 272.52' 19.75' 5UNRIDGE AT AVON Il CONDOMINIUMS BOOK 31& I-AM 4M nUHGU ACCORDNG TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION ASED UPON ANY DETECT N TIES SURVEY "THIN THREE YEARS AFTER YOU FIRST SCOVER SUCH DEFECT. N NO EVENT MAY ANY ACTION BASED UPON ANY DEFE _TIaS_SURVEY BE COMMENCED MORE THAN TEN YEARS FROM TNF nATC M T+ SHFFT 1 f1F 1 7:1nwn1AVt-Arr0AB 10An.--e_q 0yG ~~005 ~v ~R . JO% 78182 jk ikf! 1 fAMAl1aS BUSMEri CMTEII ►A BOK f7 I 1 EXHIBIT 7 PARCEL 5 A PARCEL OF LAND LYING IN LOT 1, SUNRIDGE AT AVON 11 CONDOMINIUMS AS RECORDED IN BOOK 312 AT PAGE 438. PUBLIC RECORDS OF EAGLE COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SUNRIDGE AT AVON 0 CONDOMINIUMS FROM WHICH THE INTERSECTION OF SAID NORTH LINE AND THE NORTHWESTERLY RIGHT-OF-WAY ARC OF BEAVER CREEK BOULEVARD (80' WADE) BEARS S79'06'17"E, 420.53% THENCE DEPARTING SAID NORTH LINE S16'24'51-W. A DISTANCE OF •3.30 FEET. THENCE N81'WO4-W. A DISTANCE OF 246.44 FEET; THENCE S65'59'43-W, A DISTANCE OF 87.78 FEET; THENCE 58725'08'W. A DISTANCE OF 61.75 FEET; THENCE S70'24'34"W, A DISTANCE OF 44.00 FEET; THENCE S84W'19'W, A DISTANCE OF 20.00 FEET; THENCE N70'24'34'E, A DISTANCE OF 64.11 FEET; THENCE N8725'08"E. A DISTANCE OF 61.55 FEET; THENCE N6559'43"E, A DISTANCE OF 88.27 FEET TO AN ANGLE POINT ON THE NORTH LINE OF SAID SUNRIDGE AT AVON 11 CONDOMINIUMS; THENCE ALONG SAID LINE THE FOLLOWING TWO COURSES AND DISTANCES; 1) S81'58'04"E. A DISTANCE OF 213.72 FEET; ylr. 2) S79'06'17"E, A DISTANCE OF 34.68 FEET TO THE PONT OF BEGINNING. I,L THE ABOVE DESCRIBED PARCEL CONTAINS 0.051 ACRES OF LAND MORE OR LESS. P` O =PO POINT OF BEGINNING p 40 STa jr w Dona 8. SPIWor S jF Date ^ ~b State 01 Color ~O j•~. SP/G' ;9~~ In PLS No. 33655 V l ~'2c^ \ \ or. •e t 33655 so 4tJ Off[" ~~~..M••~• ~.1 ~V sf~QN~L N H J W a cc O TRACT L/ BENCHMARK AT BEAVER CREEX. AMEND. 4 BOOK 274, PAGE 701 1 „=601 a < 2 W ..r F 2 SUNR/DW AT AVON Y CONDOMINIL11W5 BOOK 312. PACE 438 1 J N ~0 s~ tDwws bis"n COITIM ►.D. so 17 • "ARM C'aLwm 11W • (970) 91111-3373 FAX (110) M-3M %KX 78182 RDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION ASED UPON ANY DEFECT IN TWS SLIRY WIT~W THREE YEARS AFTER YOU FIRS T M AY ANY ACTION SED UPON ANY DEFE HH DEFECT. NO VENT F EY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE SHONN HEREON. 11 E 11 07/13/00 ACCOUNTING PERIOD: 7/00 TOWN OF AVON CHECK REGISTER - DISBURSEMENT FUND PAGE 1 0ION CRITERIA: tran sact.check_no between 169450' and 169589' FUND - 99 - DISBURSEMENT FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 69450 07/14/00 AKINDERC A KINDER CARPET 321 CARPET CLEANING 115.00 11101 69451 07/14/00 A&HGRAPH A&H GRAPHICS, INC. 324 PLAQUE 108.20 11101 11101 11101 11101 11101 11101 11101 69452 69452 69452 69452 69452 69452 69452 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 ABCPARTS ABC PARTS INC ABCPARTS ABC PARTS INC ABCPARTS ABC PARTS INC ABCPARTS ABC PARTS INC ABCPARTS ABC PARTS. INC ABCPARTS ABC PARTS INC ABCPARTS ABC PARTS INC 61 434 61 434 434 434 434 CREDIT FOR CORE RETURN JOINT REPAIR KIT ALTERNATOR MISC PARTS BULBS TURN ROTOR BULBS -43.75 23.06 139.32 34.35 14.92 18.00 15.17 201.07 11101 69453 07/14/00 ACTIVECO ACTIVE COMMUNICATIONS 321 INTERNET LOGINS 155.00 11101 69454 07/14/00 ADOLPHKI ADOLPH KIEFER & ASSOCIATE 516 LIFEGUARD SHIRTS 202.93 11101 69455 07/14/00 AICPA AICPA 141 MEMBERSHIP 125.00 11101 11111111101 1 69456 69456 69456 TOTAL CHECK 07/14/00 07/14/00 07/14/00 ALPINECO ALPINE COFFEE SERVICE, IN ALPINECO ALPINE COFFEE SERVICE, IN ALPINECO ALPINE COFFEE SERVICE, IN 432 149 311 COFFEE SUPPLIES COFFEE SUPPLIES HOT CHOCOLATE,TEA,EQUAL 103.62 34.53 27.10 • 165.25 11101 69457 07/14/00 AMERICAN AMERICAN RED CROSS 516 PROVIDER FEES 110.90 11101 69458 07/14/00 ARCHCOMM ARCH COMMUNICATIONS 321 PAGING SVCS/3RD QTR 2,189.64 11101 69459 07/14/00 AT&TWIRE AT&T WIRELESS SERVICES 311 DATA SVC/JUNE 98.00 11101 69460 07/14/00 AURORAMA AURORA MARKETING COMPANY 322 BATTERIES 109.00 11101 69461 07/14/00 BALLOONS BALLOONS OVER VAIL 513 EASTER BUNNY COSTUME $0.00 11101 11101 69462 69462 TOTAL CHECK 07/14/00 07/14/00 BANKONEI BANK ONE BANKONEI BANK ONE 911 913 ADMIN FEE ADMIN FEES 324.00 428.00 752.00 11101 69463 07/14/00 BCMETROP BEAVER CREEK METROPOLITAN 52 1999 TRANSP AGREE REFUND 102,371.00 11101 69464 07/14/00 T0000565 BERNARD MCGOVERN 311 REIMB FOR EQUIPMENT PURCH 216.39 11101 11101 69465 69465 TOTAL CHECK 07/14/00 07/14/00 BRANDENB BOB BRANDEN BRANDENB BOB BRANDEN 516 516 SWIMMEET REGISTRATION RREIMBURSEMENT FOR MILEAG 11.75 48.75 60.50 11101 69466 07/14/00 T0000689 BRENNAN MARTIER 10 PASS REFUND 221.11 11101 69467 07/14/00 CABARETD CABARET DIOSA 513 HAL DUE/JULY 29 CONCERT 1,000.00 0 69468 07/14/00 T0000671 CECELIA FENTON 211 MILEAGE REIMB 40.62 RUN DATE 07/13/00 TIME 14:00:01 PENTAMATION - FUND ACCOUNTING MANAGER 107/13/00 TOWN OF AVON PAGE 2 ACCOUNTING PERIOD: 7/00 CHECK REGISTER - DISBURSEMENT FUND &ION CRITERIA: transact.check_no between 1694501 and 1695891 FUND - 99 - DISBURSEMENT FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 11101 11101 11101 69469 69469 69469 69469 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 CITYMARK CITYMARK CITYMARK CITYMARK CITY MARKET CITY MARKET CITY MARKET CITY MARKET 513 413 513 415 FOOD FOR SALUTE FOOD FOR SALUTE EASTER FOOD FOOD FOR SALUTE 416.17 168.09 23.69 168.09 776.04 11101 11101 11101 69470 69470 69470 07/14/00 07/14/00 07/14/00 COLLETTE COLLETTE COLLETTE COLLETT ENTERPRISES, INC. COLLETT ENTERPRISES, INC. COLLETT ENTERPRISES, INC. 61 61 434 LUBRICANTS UNLEADED FUEL WASHER FLUID 713.90 4,856.69 86.65 TOTAL CHECK 5,657.24 11101 69471 07/14/00 CODEPTR COLORADO DEPARTMENT OF RE 431 PASSENGER TAX/2ND QTR 30.69 11101 69472 07/14/00 COSALEST COLORADO DEPT OF REVENUE 514 4TH QTR SALES TAX/REC 192.00 11101 69473 07/14/00 COSTATFO COLORADO STATE FOREST SER 324 WILDLAND BOOKS 671.20 11101 69474 07/14/00 COLSTINS COLORADO STATE TREASURER 10 UNEMPLOYMENT INS/2ND QTR 4,738.75 11101 69475 07/14/00 COWESTAD COLORADO WEST ADVERTISING 514 AD CHANGES & STRIPPING FL 1,044.88 0 69476 07/14/00 COLUMBIA COLUMBIA SPORTSWEAR 432 FOREMAN JACKETS 182.00 11101 11101 11101 11101 69477 69477 69477 69477 07/14/00 07/14/00 07/14/00 07/14/00 CONSOLIE CONSOLIE CONSOLIE CONSOLIE CONSOLIDATED ELECTRICAL D CONSOLIDATED ELECTRICAL D CONSOLIDATED ELECTRICAL D CONSOLIDATED ELECTRICAL D 415 415 414 414 PARTS FOR STREET LIGHTS PARTS FOR STREETLIGHTS ANCHOR KIT POWER TAPE 475.15 20.96 14.80 10.95 TOTAL CHECK 521.86 11101 11101 11101 11101 11101 11101 11101 69478 69478 69478 69478 69478 69478 69478 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 CORPORAT CORPORAT CORPORAT CORPORAT CORPORAT CORPORAT CORPORAT CORPORATE EXPRESS CORPORATE EXPRESS CORPORATE EXPRESS CORPORATE EXPRESS CORPORATE EXPRESS CORPORATE EXPRESS CORPORATE EXPRESS 321 321 321 321 321 514 113 PENS,PADS, PAPER CLIPS RIBBED FLOOR MAT UTILITY STAND,PEDESTAL FILE CABINETS, CHAIR CHAIR PRPLACEMENT PADS WILL RETURN SIGN 284.09 35.75 482.00 804.00 1,036.00 22.50 3.29 TOTAL CHECK 2,667.63 11101 69479 07/14/00 CROWNTRO CROWN TROPHY 516 1ST,2ND, 6 3RD PLACE RIBB 188.00 11101 69480 07/14/00 CYBEX CYBEX INTERNATIONAL, INC. 520 MISC SUPPLIES 108.35 11101 11101 69481 69481 07/14/00 07/14/00 D&JSPORT D&JSPORT D & J SPORTS D & J SPORTS 519 519 WATERSHORTS FOR RESALE GOGGLES FOR RESALE 765.00 290.00 TOTAL CHECK 1,055.00 11101 69482 07/14/00 T0000572 DAN HIGGINS 434 REIMB FOR GAS 10.00 11101 0 69483 07/14/00 DOUBLETR DOUBLETREE HOTEL 312 LODGING/DOBBS 8/6/00 365.00 RUN DATE 07/13/00 TIME 14:00:01 PENTAMATION - FUND ACCOUNTING MANAGER %07/13/00 TOWN OF AVON PAGE 3 ACCOUNTING PERIOD: 7/00 CHECK REGISTER - DI SBURSEMENT FUND &ION CRITERIA: tran sact.check_no between 169450' and 169589' FUND - 99 - DISBURSEMENT FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 69484 07/14/00 DRIVETRA DRIVE TRAIN INDUSTR IES 434 SHOES & DRUMS RELIGNED 973 .10 11101 69485 07/14/00 DYCOREAL DYCO REAL ESTATE 800 APPRAISAL 2,700 .00 11101 69486 07/14/00 DYNAMED DYNAMED 322 BASKET STRETCHER 444 .67 11101 69487 07/14/00 DYNOAPP DYNOAPPS, INC 431 RECRUITING 551 .66 11101 69487 07/14/00 DYNOAPP DYNOAPPS, INC 431 RECRUITING SOFTWARE 1,010 .00 TOTAL CHECK 1,561 .66 11101 69488 07/14/00 EACTYREG EAGLE CO REGIONAL TRANS A 52 1999 TRANSP AGREE REFUND 9,298 .98 11101 69489 07/14/00 EARIVERA EAGLE RIVER AUTO BODY 434 TOWING #833 TO SHOP 300 .00 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 415 WATER & SEWER 5/8-6/12 68 .38 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 434 WATER & SEWER 5/8-6/12 450 .14 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 520 WATER & SEWER 5/8-6/12 785 .25 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 321 WATER & SEWER 5/8-6/12 157 .47 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER & SEWER 5/12-6/14 396 .16 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER & SEWER 5/8-6/12 66 .41 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 321 WATER & SEWER 5/15-6/14 235 .40 O1 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 413 WATER & SEWER 5/15-6/16 111 .85 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER & SEWER 5/22-6/26 26 .68 1 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 520 WATER & SEWER 5/8-6/12 576 .84 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 415 WATER & SEWER 5/8-6/12 139 .15 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER & SEWER 5/8-6/12 788 .91 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER & SEWER 5/8-6/12 225 .89 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 415 WATER & SEWER 5/8-6/12 232 .76 11101 69491 07/14/00 EAGLERIV EAGLE RIVER WATER & SANIT 414 WATER & SEWER 5/8-6/12 447. 81 TOTAL CHECK 4,709. 10 11101 69492 07/14/00 EAVAPAIN EAGLE-VAIL PAINT & SUPPLY 520 PAINT SUPPLIES 69. 49 11101 69493 07/14/00 ETRANAWI ETHAN A. WINNING ASSOCIAT 132 SUBSCRIPTION RENEWAL 84. 00 11101 69494 07/14/00 FEDERALE FEDERAL EXPRESS 412 OVERNIGHT POSTAGE 6. 70 11101 69494 07/14/00 FEDERALE FEDERAL EXPRESS 141 OVERNIGHT POSTAGE 17. 25 11101 69494 07/14/00 FEDERALE FEDERAL EXPRESS 800 OVERNIGHT POSTAGE 8. 80 11101 69494 07/14/00 FEDERALE FEDERAL EXPRESS 514 OVERNIGHT POSTAGE 51. 60 11101 69494 07/14/00 FEDERALE FEDERAL EXPRESS 431 OVERNIGHT POSTAGE 5. 05 TOTAL CHECK 89. 40 11101 69495 07/14/00 FOTOFINI FOTO FINISH 311 PHOTO PROCESSING 14. 15 11101 69496 07/14/00 GALLSINC GALL'S INC. 322 SWITCH MODULE, BULBS,BELT 73. 30 11101 69496 07/14/00 GALLSINC GALL'S INC. 322 NAMETAGS, BOOTS 154. 96 TOTAL CHECK 228. 26 11101 69497 07/14/00 GARDNWIS GARDEN-WISE DISTRIBUTORS 415 GARDEN TOOLS 91.64 1 69497 07/14/00 GARDNWIS GARDEN-WISE DISTRIBUTORS 415 GARDEN TOOLS 35.98 TOTAL CHECK 127.62 RUN DATE 07/13/00 TIME 14:00:03 PENTAMATION - FUND ACCOUNTING MANAGER 07/13/00 TOWN OF AVON PAGE 4 ACCOUNTING PERIOD: 7/00 CHECK REGISTER - DISBURSEMENT FUND 0ION CRITERIA: transact.check_no between 169450' and 169589' FUND - 99 - DISBURSEMENT FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 11101 69498 69498 TOTAL CHECK 07/14/00 07/14/00 GAYJOHNS GAYJOHNS GAY JOHNSON'S, INC GAY JOHNSON'S, INC 434 434 TIRES TIRES 668.00 388.00 1,056.00 11101 11101 11101 69499 69499 69499 TOTAL CHECK 07/14/00 07/14/00 07/14/00 GILLIGCO GILLIGCO GILLIGCO GILLIG CORPORATION GILLIG CORPORATION GILLIG CORPORATION 61 61 61 GLASS, HEIGHT CONTROL VAL WINDSHIELD GLASS,VALVE WIPER DELAY KNOB,ELEMENT 863.72 863.72 58.68 1,786.12 11101 69500 07/14/00 GREATPLA GREAT PLAINS WILDFIRE COL 415 CANOPY B ASE ALUMINUM 43.00 11101 69501 07/14/00 T0000690 GREG FRANKLIN 432 REIMB FO R FUEL 14.35 11101 69502 07/14/00 HARNEYNA HARNEY-NAILL, INC 800 PMT q4/F IRE STAT REMODEL 3,783.89 11101 11101 11101 69503 69503 69503 TOTAL CHECK 07/14/00 07/14/00 07/14/00 HEARTSMA HEARTSMA HEARTSMA HEARTSMART, INC HEARTSMART, INC HEARTSMART, INC 324 324 324 USERS FEES CPR TEXTS, CERTIFICATES FIRST AID CARDS, TEXT 363.00 344.SO 344.50 1,052.00 101 16 69504 07/14/00 HICOUNSH HIGH COUNTRY SHIRTWORKS, 432 EMPBROIDERY ON SHIRTS 7.00 1 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 11101 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 69507 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLYCROS HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY HOLY CROSS ENERGY 413 413 414 413 520 321 413 413 413 414 434 413 413 321 321 413 415 414 413 413 413 321 414 415 413 413 413 417 ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC ELECTRIC 5/22-6/26 5/23-6/26 5/22-6/26 5/22-6/26 5/22-6/26 5/9-6/13 5/22-6/26 5/22-6/26 5/22-6/26 5/22-6/26 5/22-6/26 5/22-6/26 5/22-6/26 5/9-6/13 5/9-6/13 5/10-6/14 5/10-6/13 5/11-6/14 5/22-6/26 5/22-6/26 5/19-6/23 5/22-6/19 5/22-6/26 5/22-6/13 5/22-6/26 5/22-6/26 5/22-6/26 5/22-6/26 81.37 32.09 544.71 72.13 5,060.80 19.57 179.06 163.52 141.36 1,140.52 1,993.26 96.10 9.40 142,77 24.82 8.67 2,37 25.13 2.37 9.20 22,42 338.78 1,359.62 1,74 2,37 267.49 127.10 73,74 RUN DATE 07/13/00 TIME 14:00:05 PENTAMATION - FUND ACCOUNTING MANAGER 07/13/00 ACCOUNTING PERIOD: 7/00 TOWN OF AVON CHECK REGISTER - DISBURSEMENT FUND PAGE 5 &ION CRITERIA: transact.check _no between '694501 and 169589, FUND - 99 - DISBURSEMENT FUND CASH ACCT CHECK NUMBER DATE ISSUED VENDOR PROGRAM DESCRIPTION------- AMOUNT 11101 11101 69507 69507 TOTAL CHECK 07/14/00 07/14/00 HOLYCROS HOLY CROSS ENERGY HOLYCROS HOLY CROSS ENERGY 413 413 ELECTRIC 5/22-6/26 ELECTRIC 5/17-6/21 39 166 .86 .95 12,149 .49 11101 69508 07/14/00 INTERNAT ICBO 213 PLUMBING BOOKS 196 .20 11101 69509 07/14/00 T0000564 IMPACT GRAPHICS & SIGNS 149 ENGRAVING M. BROWN 15 .00 11101 69510 07/14/00 INSTACHA INSTA CHAIN 61 CHAIN LINK 332 .17 11101 69511 07/14/00 INSTITUT INSTITUTE OF TRANSPORTATI 412 TRIP GENERATION,6TH EDITN 275 .00 11101 69512 07/14/00 INTERMTN INTER-MOUNTAIN ENGINEERIN 800 PROF SVC/W BVR CRK BLVD 1,825 .00 11101 11101 11101 69513 69513 69513 TOTAL CHECK 07/14/00 07/14/00 07/14/00 INTERCAR INTERCARE HEALTH PLANS INTERCAR INTERCARE HEALTH PLANS INTERCAR INTERCARE HEALTH PLANS 10 10 10 HEALTH INS LIFE INS DENTAL INS 62,180 2,654. 7,275. .85 96 50 72,111. 31 11101 69514 07/14/00 INTERNET INTERNETWORKS 433 TOA BUS SCHEDULES 100. 00 11101 69515 69515 TOTAL CHECK 07/14/00 07/14/00 WETZELJE JEFF WETZEL WETZELJE JEFF WETZEL 432 432 REIMB FOR TRAVEL EXP REIMB FOR TRAVEL EXPENSE 287. 39. 76 88 327. 64 11101 69516 07/14/00 PEREZJIM JIM PEREZ 312 REIMB FOR DUTY BOOTS 93. 99 11101 11101 69517 69517 TOTAL CHECK 07/14/00 07/14/00 JOHNSONK JOHNSON, KUNKEL & ASSOCIA JOHNSONK JOHNSON, KUNKEL & ASSOCIA 212 212 ZONING MAPS ZONING MAPS 1,231. 100. 25 00 1,331. 25 11101 69518 07/14/00 T0000691 KALIE KERR 52 REFUND FOR CHARTER DEP 592. 50 11101 69519 07/14/00 KARPRODU KAR PRODUCTS COMPANY 434 MISC OPERATING SUPP 220. 81 11101 69520 07/14/00 KATHCOTT KATHCOTT DISTRIBUTING 515 ICE CREAM 100. 80 11101 69521 07/14/00 KAYPARKR KAY PARK-REC CORP. 415 PADDLE BOAT SUPPLIES 517. 22 11101 11101 69522 69522 TOTAL CHECK 07/14/00 07/14/00 KEMP&COM KEMP & COMPANY INC. KEMP&COM KEMP & COMPANY INC. 413 322 CULVERT BOLTS, SPARK PLUGS 115. 28. 50 24 143. 74 11101 69523 07/14/00 KKCHRADI KKCH RADIO 513 ADVERTISING/REC 250. 00 11101 69524 07/14/00 KOECHLEI KOECHLEIN CONSULTING ENGI 800 PROF SVC/TOA STREETS 565. 00 11101 69525 07/14/00 KTUN KTUN 513 ADVERTISING/REC 500. 00 11101 69526 07/14/00 KZYRFMRA KZYR-FM RADIO 513 ADVERTISING 750. 00 RUN DATE 07/13/00 TIME 14:00:06 PENTAMATION - FUND ACCOUNTING MANAGER 07/13/00 ACCOUNTING PERIOD: 7/00 TOWN OF AVON CHECK REGISTER - DISBURSEMENT FUND PAGE 6 `ION CRITERIA: transact.check _no between '69450' and 169589' FUND - 99 - DISBURSEMENT FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------" PROGRAM DESCRIPTION------- AMOUNT 11101 69527 07/14/00 LLJOHNSO L. L. JOHNSON DISTRIBUTIN 434 CLAMPS 14.58 11101 69528 07/14/00 LA13SAFET LAB SAFETY SUPPLY, INC. 415 FUEL CABINET 863.85 11101 69529 07/14/00 LANDTITL LAND TITLE GUARANTEE COMP 321 RESEARCH ON EVFD 175.00 11101 69530 07/14/00 LEADINGE LEADING EDGE TECHNOLOGIES 434 REPAIR RADIOS, PARTS 182.50 11101 69531 07/14/00 LEWAN&AS LEWAN & ASSOCIATES, INC 321 CUSTOMER SVC PLAN 467.00 11101 69532 07/14/00 LILIANOS LILIAN OSORIO MYERS 514 TRANSLATION SVCS 378.00 11101 69533 07/14/00 MCDA MCMENAMIN DAVIS ARCHITECT 800 PROF SVC/FIRE STAT REMOD 725.00 11101 69534 07/14/00 MCPMAGAZ MCP MAGAZINE 143 CONFERENCE REGIST/ROUNDS 695.00 11101 69535 07/14/00 MELDORCO MELDOR CONSTRUCTION, INC 800 CONSTRUCTION/W BVRCRK BLV 74,245.93 11101 69536 07/14/00 MESASUPP MESA SUPPLY COMPANIES 435 POWER SCRUB 450.00 11101 11101 1 69537 69537 69537 69537 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 MOCEAN MOCEAN MOCEAN MOCEAN MOCEAN MOCEAN MOCEAN MOCEAN 312 312 312 312 BIKE SHORTS, JACKETS BIKE SHORTS CARGO SHORTS BIKE SHORTS 202.60 98.16 362.47 49.40 712.63 11101 69536 07/14/00 MYRONMAN MYRON MANUFACTURING CORP. 314 FRONTIER 500 ATLAS 723.34 11101 69539 07/14/00 NATLSIGN NATIONAL SIGN COMPANY, IN 413 SPEED BUMB SIGNS/WR 851.92 11101 69540 07/14/00 NEWSHOES NEW SHOES 513 BAL DUE FOR CONCERT 600.00 11101 69541 07/14/00 NORTHERN NORTHERN TOOL & EQUIPMENT 415 TIE DOWN TRAILER 74.59 11101 11101 11101 11101 11101 69542 69542 69542 69542 69542 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 NORWINVE NORWEST INVESTMENT SERVIC NORWINVE NORWEST INVESTMENT SERVIC NORWINVE NORWEST INVESTMENT SERVIC NORWINVE NORWEST INVESTMENT SERVIC NORWINVE NORWEST INVESTMENT SERVIC 322 415 321 432 413 LEASE PMT #10 LEASE PMT #10 LEASE PMT #10 LEASE PMT #10 LEASE PMT #10 16,731.63 2,964.12 2,946.48 9,665.61 15,499.34 47,807.18 11101 11101 11101 11101 69543 69543 69543 69543 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 OFFICEDE OFFICE DEPOT OFFICEDE OFFICE DEPOT OFFICEDE OFFICE DEPOT OFFICEDE OFFICE DEPOT 211 412 211 411 FILE CABINET MARKERS,FILE LABELS,BOXES MISC OFFICE SUPPLIES MARKERS,FILE LABELS,BOXES 949.76 19.50 62.79 25.58 1,057.63 11101 69544 07/14/00 OFFICETE OFFICE TECKNOWLEDGY 211 PRINTER REPAIR 95.00 11101 69545 07/14/00 ORKINPES ORKIN PEST CONTROL 321 PEST CONTROL/FIRE 50.00 RUN DATE 07/13/00 TIME 14:00:07 PENTAMATION - FUND ACCOUNTING MANAGER 07/13/00 ACCOUNTING PERIOD: 7/00 TOWN OF AVON CHECK REGISTER - DISBURSEMENT FUND PAGE 7 &ION CRITERIA: tran sact.check_no between 169450' and 169589' FUND - 99 - DISBURSE MENT FUND CASH ACCT CHECK NUMBER DATE ISSUED ------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 11101 11101 69546 69546 69546 TOTAL CHECK 07/14/00 07/14/00 07/14/00 PANCHASC PANCHASC PANCHASC PANCRA'S CLEANING SERVICE PANCRA'S CLEANING SERVICE PANCHASS CLEANING SERVICE 414 431 434 OFFICE CLEANING/JULY OFFICE CLEANING/JULY OFFICE CLEANING/JULY 1,666.67 1,333.33 333.33 3,333.33 11101 69547 07/14/00 PARADIGM PARADIGM SERVICES, LLC 520 GAS SVC/MAY 2,888.63 11101 69548 07/14/00 PEREGRIN PEREGRINE PRESS 114 AVON ADVAOCATE 984.25 11101 69549 07/14/00 PITNEYBO PITNEY BOWES 149 POSTAGE METER/8/16-11/15 209.10 11101 69550 07/14/00 PRACTITI PRACTITIONERS PUBLISHING 141 AUDITS OF LOC GOVT/CDROM 140.58 11101 11101 11101 11101 11101 69551 69551 69551 69551 69551 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 PUBLSERV PUBLSERV PUBLSERV PUBLSERV PUBLSERV PUBLIC SERVICE COMPANY PUBLIC SERVICE COMPANY PUBLIC SERVICE COMPANY PUBLIC SERVICE COMPANY PUBLIC SERVICE COMPANY 321 414 434 414 414 GAS SVC 5/29-6/29 GAS SVC 5/26-6/27 GAS SVC 5/29-6/28 GAS SVC 5/29-6/28 GAS SVC 5/26-6/26 14.23 34.86 153.18 27,22 143.77 373.26 11101 69552 07/14/00 QUICKBEA QUICKBEAM SYSTEMS 431 PENS,BOARD CLEANER,LABELS 24.84 0 69553 07/14/00 QUICKBEA QUICKBEAM SYSTEMS 513 STAGE,LIGHT,SOUND DEPOSIT 7,890.00 11101 69554 07/14/00 QUICKBEA QUICKBEAM SYSTEMS 513 STAGE,LIGHT,SOUND/SALUTE 7,890.00 11101 69555 07/14/00 READYCAR READY CARE INDUSTRIES 520 SHAMPOO/REC CTR 147.94 11101 69556 07/14/00 RESTRUCT RESTRUCTION CORPORATION 413 REPAIR OF BRIDGE DECKS 672,45 11101 69557 07/14/00 RIEDMANC RIEDMAN CORPORATION 321 PACKAGE POLICY/FIRE 851.00 11101 69558 07/14/00 RMWINC RMW, INC 213 ELECTRICAL INSPECTIONS 560.00 11101 69559 07/14/00 ROBINSON ROBINSON & SCHEURER P.C. 800 LEGAL SVC/CONFLUENCE 861.00 11101 69560 07/14/00 SAMSCLUB SAM'S CLUB 515 MERCHANDISE FOR RESALE 400.00 11101 69561 07/14/00 SECRETAR SECRETARY OF STATE 431 NOTARY FEES/WILLIAMS 10.00 11101 69562 07/14/00 SHERMANA SHERMAN AND HOWARD 424 PROF SVC/WATER PLANNING 393.75 11101 11101 69563 69563 TOTAL CHECK 07/14/00 07/14/00 SKAGGSTE SKAGGSTE SKAGGS COMPANIES SKAGGS COMPANIES 312 312 UNIFORM SHIRT 8 KNIVES/POLICE 47.42 265.10 312.52 11101 11101 69564 69564 TOTAL CHECK 07/14/00 07/14/00 SNOWBRID SNOWBRID SNOWBRIDGE, INC. SNOWBRIDGE, INC. 435 435 PUMP MAIN WASH BAY RECYCL PUMP MAIN WASH BAY TANK 976.00 2,145.00 3,121.00 69565 07/14/00 SPRINGVA SPRING VALLEY GREENHOUSE 415 FLOWERS 1,170.40 RUN DATE 07/13/00 TIME 14:00:07 PENTAMATION - FUND ACCOUNTING MANAGER 07/13/00 TOWN OF AVON PAGE 8 ACCOUNTING PERIOD: 7/00 CHECK REGISTER - DISBURSEMENT FUND &ION CRITERIA: transact.check_no between 169450' and 69589' FUND - 99 - DISBURSEMENT FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 69566 07/14/00 BERNSTEI STAN BERNSTEIN AND ASSOCI 191 PROF SVC/COPS 600.00 11101 69567 07/14/00 SUMMITSP SUMMIT SPORTSWEAR 521 T-SHIRTS 362 .50 11101 69568 07/14/00 SUMMITSU SUMMIT SUPPLY CORPORATION 415 BOUNDARY LINES,DRAG MAT 291 .34 11101 69569 07/14/00 SUNRIDII SUNRIDGE PHASE II 800 APPRAISAL 2,000 .00 11101 69570 07/14/00 T0000692 SUSAN WEISS 516 BIKINI/REC 81 .32 11101 69571 07/14/00 TASHADOB TASHA DOBBS 10 TRAVEL ADVANCE 175 .00 11101 69572 07/14/00 TAYLORFE TAYLOR FENCE CO. OF GRAND 521 DAY CAMP FENCE CLAMPS 11 .75 11101 69573 07/14/00 TERRASAN TERRASAN 800 PROF SVC/WR ENTRY SIGN PR 563 .93 11101 69574 07/14/00 THEBLIND THE BLIND MAN OF AMERICA 321 BLINDS/FIRE 911 .00 11101 69575 07/14/00 THECHAMB THE CHAMBER OF COMMERCE 114 FUNDING CONTRIBUTION 50,000 .00 1 101 69576 07/14/00 THOMPSON THOMPSON PUBLISHING GROUP 132 PUBLIC EMPLOYERS GUIDE 249 .00 1 6957 07/14/00 TRICOUNT TRI COUNTY FIRE EXTINGUIS 322 REFILL FOR EXTINGUISHERS 26 .00 11101 11101 11101 11101 11101 11101 69578 69578 69578 69576 69578 69578 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 UNISOURC UNISOURCE WORLDWIDE, INC UNISOURC UNISOURCE WORLDWIDE, INC UNISOURC UNISOURCE WORLDWIDE, INC UNISOURC UNISOURCE WORLDWIDE, INC UNISOURC UNISOURCE WORLDWIDE, INC UNISOURC UNISOURCE WORLDWIDE, INC 520 520 414 415 321 414 GLOVES MISC CLEANING SUPP LOTION,PAPER TOWELS,LOTIO GLOVES,CLEANER PAPER TOWELS, TOILET PAPR CLEANING SUPP 30.00 1,268.27 269.22 112.00 210.66 351.15 2,291. 30 11101 69579 07/14/00 UNICOACH UNIVERSAL COACH PARTS, IN 61 WINDSHIELD 480. 90 11101 11101 69580 69580 TOTAL CHECK 07/14/00 07/14/00 USWEST US WEST COMMUNICATIONS USWEST US WEST COMMUNICATIONS 321 321 PHONE 6/22-7/21 6/22-7/21 24. 21. 13 56 95. 69 11101 11101 11101 11101 11101 11101 11101 11101 11101 1111101 69582 69582 69582 69582 69582 69582 69582 69582 69582 69582 69582 69582 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS 321 321 211 149 321 149 514 321 514 311 149 141 PHONE SVC 6/22-7/21 PHONE SVC 6/22-7/21 PHONE 6/22-7/21 PHONE SVC 6/22-7/21 PHONE SVC 6/22-7/21 PHONE SVC 6/22-7/21 PHONE SVC 6/22-7/21 PHONE SVC 6/22-7/21 PHONE 6/22-7/21 PHONE 6/22-7/21 PHONE 6/22-7/21 PHONE 6/22-7/21 50. 56. 89. 16. 52. 278. 163. 44. 44. 178. 133. 44. 08 05 10 54 32 68 12 88 55 20 72 55 RUN DATE 07/13/00 TIME 14:00:10 PENTAMATION - FUND ACCOUNTING MANAGER 07/13/00 ACCOUNTING PERIOD: 7/00 TOWN OF AVON CHECK REGISTER - DISBURSEMENT FUND PAGE 9 &ION CRITERIA: tran sact.check_no between 169450' and 169589' FUND - 99 - DISBURSEMENT FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 11101 11101 11101 11101 11101 11101 69582 69582 69582 69582 69582 69582 69582 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 07/14/00 USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS USWESTCO US WEST COMMUNICATIONS 149 431 149 149 149 143 149 PHONE 6/22-7/21 PHONE 6/22-7/21 PHONE 6/22-7/21 PHONE 6/22-7/21 PHONE 6/22-7/21 PHONE 6/22-7/21 PHONE 6/22-7/21 222,70 44.55 41.33 266.65 44.23 52.56 61.16 1,884.97 11101 11101 11101 11101 69583 69583 69583 69583 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 UTECOUNT UTE COUNTRY HVAR & CONTRO UTECOUNT UTE COUNTRY HVAR & CONTRO UTECOUNT UTE COUNTRY HVAR & CONTRO UTECOUNT UTE COUNTRY HVAR & CONTRO 414 414 414 414 24 VOLT ACTUATOR AIR CONDITIONER/DALES OFF INSTALL AIR SUPPLY RUNS INSTALL DUCT SUPPLY AIR 350.74 1,535.13 866.61 1,511.43 4,263.91 11101 69584 07/14/00 VAILVAGA VAIL VALLEY GARAGE DOOR 321 REPAIR TO AVON STAT DOOR 115.00 11101 11101 11101 11101 69585 69585 69585 69585 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 WHEATLAN WHEATLAND FIRE EQUIPMENT WHEATLAN WHEATLAND FIRE EQUIPMENT WHEATLAN WHEATLAND FIRE EQUIPMENT WHEATLAN WHEATLAND FIRE EQUIPMENT 322 322 322 322 HELMETS (6) AIR CHISEL REPAIR/AIR CHISEL MULTI WASH 232.43 20.62 9.63 42.04 304.72 1 69586 07/14/00 WILSONSG WILSON'S GUN SHOP, INC 312 MAG W/STEEL PAD 94.27 11101 11101 11101 11101 69587 69587 69587 69587 TOTAL CHECK 07/14/00 07/14/00 07/14/00 07/14/00 XEROXCOR XEROX CORPORATION XEROXCOR XEROX CORPORATION XEROXCOR XEROX CORPORATION XEROXCOR XEROX CORPORATION 431 311 149 311 BASE CHARGE LEASE PMT #18/POLICE BASE CHARGE/10/8/99-3/30 BASE CHG PLUS FEES 141.00 442.30 3,115.00 269.89 3,968.19 11101 11101 69588 69588 TOTAL CHECK 07/14/00 07/14/00 ZEEMEDIC ZEE MEDICAL, INC. ZEEMEDIC ZEE MEDICAL, INC. 432 434 MISC MEDICAL SUPP SAFETY GLASSES 88.89 95.88 184.77 11101 69585 07/14/00 ZEPMANUF ZEP MANUFACTURING COMPANY 321 CLEANING SUPPLIES 142.19 TOTAL CASH ACCOUNT 478,641.11 TOTAL FUND 478,641.11 TOTAL REPOR T 478,641.11 • RUN DATE 07/13/00 TIME 14:00:10 PENTAMATION - FUND ACCOUNTING MANAGER Y ' t Hay-08-00 08:48A (970) 748-4078 Request for Proposal Information Services for the Town of Avon Background Over the past several years the Town of Avon has relied on the Visitor Infonmation Center located at City Market for dissemination of information services. The Town of Avon is preparing to take the next step forward in access to information. Within the next five years, the commercial area of Avon will double due to approved developments. The Objective The Town of Avon is highly motivated to implement unmanned Visitor .information Sites at key locations such as interstate and town core sites. These sites could be a combination of call board and computer technology. Your Response Prior to your written response there will be a mandatory pre-proposal meeting at Town Hall in Avon on Thursday, May 18°' at 2:00 p.m. At this meeting Town Staff will inform you of potential sites and possible obstacles and answer questions. Your tivritten response will be due no later than 4:00 p.m. Friday, June 2, 2000. If you have any questions prior to the pre-proposal meeting, please call Bill Efting at (970) 748- 4072. P.01 7 S esigns- 1 r, I June 7, 2000 Dear Avon Town Council Members: 970.926.8200 Fax 970.926.8220 Mailing Address: P.O. kx t4o9, Edivards, Colorado 81632 Street Address: w5 Edivards Village Blvd., Edwards, Colorado 81632 sli ferdesigns.eom e-mail: info@sliferdesigns.eom Visitor Centers are a fundamental service offered by most communities and expected by most visitors. Visitor Centers can also serve local residents who primarily request recreational and entertainment information. In the year 2000, technology is evolving that includes touch and voice activated free-standing/kiosk computers that offer interactive guest information. Due to the relatively new state of this technology, consumers have yet to achieve a broad comfort level with this new medium. The best interactive technology has not quite reached a level of economic viability. In the meantime, numerous enterprising marketing companies are offering call centers and/or low grade touch activated computers to augment human operated visitor centers. Typically, the call centers offer immediate phone contact with merchants/services/lodges, who pay a modest fee to the marketing company. The marketing companies in turn have to recruit an organization or individual to monitor the maintenance of the center. Often, the monitoring agent is a local Chamber of Commerce staff person who shares the joint interest of wanting guest information to be easily available. The staff and executive committee of the Vail Valley Chamber of Commerce have done extensive research in response to a request from the Town of Avon's RFP. Your request instigated a thorough study and survey of available technology, local merchant demand, and available information services in other tourist based communities. Included in this booklet are our findings. In addition to helping you decide whether or not you favor cooperating with a marketing company to provide computer generated information and call centers, the research sheds some light on the perceived importance of humanly operated Visitor Centers and the various funding mechanisms for those Visitor Centers. It was overwhelmingly indicated that local merchants in Avon (as elsewhere, e.g. Summit County, where 84% agreed) prefer traditional, human operated Visitor Centers. There is wide approval for Visitor Centers to be augmented by call centers after visiting hours. M r The CHAMBER (~f C0"1rnerce M M I• Summary of Merchants Survey Chamber staff contacted 21 Chamber member businesses located in Avon and conducted an informal phone survey to gain a better understanding of Information Services needs in our area. The most poignant information is that 100% of the merchants prefer that Valleywide information be provided at the Visitors Center location in City Market. Three of these merchants would like Avon information distributed first, but ALL of those surveyed felt strongly that valleywide information is important. 100% of the merchants prefer Information Services be provided through human contact. The general consensus is that callboards or other computer kiosk type services should be implemented only to provide assistance after- hours. Adequate directions/ signage is also key to the location. 66% of the merchants are interested in having a callboard. 48% of the respondents stated that a callboard/ kiosk location should be south of 1-70, highly visible and easily accessible. In order to identify a prime location for a callboard unit, further study is recommended. C 11 1 0 u 14 SliferYDesigns- The location of freestanding, computerized information/call centers appears to be a dilemma in other communities, as it is here in Avon. The most favored locations are those attached to the exterior of the Visitor Center. Proximity to auto traffic and good public lighting are two other criteria. Should you decide one or more call centers would be a good idea for Avon, the Chamber will gladly conduct a survey for optimum locations, based upon a variety of factors. We will also be happy to monitor the call centers. Some years ago, the Chamber solicited a marketing firm to install a call center in City Market. Over time, City Market became the "monitor". The call center is still located at City Market, but because their staff has failed to keep the marketing company informed, the call center is often out of order. The marketing company told us during our research that they plan to remove the call center in August unless the Chamber or another motivated organization will take on the monitoring responsibility. If the Council wishes and if the marketing company can solicit enough merchants to participate, we are willing to assume the monitoring responsibility. For general visitor information, the call center would (as it does now) have direct lines to the Chamber Visitor Center. For specific lodging or merchant services, the call center will have direct lines to participating merchants. We hope you will find our research valuable. Included are three summary pages of 1) our merchant survey; 2) funding sources for Information Centers; and 3) facts and costs of participating with NCS, the largest kiosk provider in this 5- state region. We are awaiting direction from you. If you would like us to proceed with a merchant and user survey as well as negotiating the chosen location(s), please have Bill Efting contact Jen Brown at the Chamber so that we can get started immediately. If you have further questions, please feel free to call me or Jen Brown and we will try to provide answers. With warm regards, D Beth Slifer President, Chamber of Commerce BS/aef The CHAMBER, of Commerce II. Summary of Funding Sources Staff researched and compared seven organizations (including Vail Valley Chamber) that operate information centers in ski resort communities. The intent of this research is to understand the funding of these information centers, what the funding provides and what role callboards and computer kiosks have among these centers. All provide information services for their respective communities through the operation of visitors' information centers. Each organization receives a form of government funding to operate the Visitors Information Centers, though the mode of funding is different. Funding forms include grants, lodging tax appropriations, sales tax appropriations, vendors' fees, direct funding or a contract service. In every instance, the provided funding covers staffing. Each organization strongly emphasized the need for human contact in their Visitors' Information Centers. Of seven, three use callboards for guests; two for after-hours purposes, and one for a 24-hour information service paid for by members. Advertising is the sole source of funding for callboards. Use of computer kiosk technology is divided; as almost half use them, almost half do not. Two of seven organizations use computer kiosks primarily to highlight their websites and the kiosks are only available during business hours. In the past, both the Vail Valley Tourism & Convention Bureau and the Vail Valley Chamber provided computer touch- screen technology, but removed both due to computer dysfunction and lack of use. Whistler is in the process of initiating a high-tech touch screen computer available 24 hours. They will be monitoring its' success. Avon Merchant Survey Business Name Contact Type of Business Do you want a cailboard/ unmanned kiosk providing visitor Info in if so, should Pizza H t ki l Would you purchase advertising on Do you want valleywlde Info at Do you prefer Information be disseminated thro h d u par ng ot or other areas In Avon? info be Avon- cailboard at $661 month? City Market Info Center? ug unmanne kiosks or staffed center wl human contact? only or valieywide? A Great Time DJ's Fred Hammond Entertainment No specific need due to nature of business, however would prefer more not answered Yes, servce does not apply to company Yes H central location) heavy traffic area (1st Bank/ Post Office). Pizza Hut not though. uman contact. ideal location. Agency.Com Amy Wasmer Marketing Yes Valleyvnde Yes Hearing Yes Human contactcombination. All Mountain Sports Phil Horsman Retail/Sporting Yes, but south of 1.70 i.e., ne)d to Century 21 building for traffic and Valleywide Possibly dependent on location Yes accessibility. , . No preference. Alpine Management & RE Services, Inc . Beth Robinson Lodging Likes location as is . not answered No Yes Human contact, Architectural Resource Consultants, Inc. Valerie Bail Additional informational areas not a bad idea; should be central location Vall de No in Awn. Yes, Likes our location. Combination Armstrong, Nowsad & Associates, P.C. Kelly Lyle Accounting Yes, but south of 1.70 in a heavily trafficked area. Velleywide Yes Yes Combination Awn Liquor Cary Hogan Retell/Liquor Yes, but in heavy traffic area. Likes City Market location brc of traffic Combination Yes pattern. Yes Human contact. Beaver Creek Merchants Association Brien Nolan Merchant Group of 60 Retell) No- prefer human contact and focus on state-of-the-art human service VS. technology. not answered No, generally most merchants did not see Valleywide- every information Human contact is a must. 'Brian, Patty & Karen surveyed BC Merchants Restaurants R au value. center should provide all and responses represent their feelings as a group, but not all 60 Dr. Harding DDS pepbre et Call Board on the south side of 1-70 Valleywide Yes informarion for our guests. members available qt time of surveying. Awn Information first. Human contact always most important. Machine break; vandalism Habitat Post and Beam Hi h Patti Ghgras Construction Call board @Rzza Hut e No occurs. g Country Shirtworks Tim Bryendlson Retail/Apparel Design Yes, but south of 1.70 i.e., ne)d to bank or post office. Avon o ly No Yes Personal act only-perhaps perhaps after-hour cailboard. Awn Information first. Human conntatact always most important. Machines break; vandalism Insurance by Marti Intermountain Insurance m Ma a Tra a horn Marcella Dawes Insurance Insurance Call Board ne d to Pizza Hut, Call Board anywhere visible and accessible Valleywide Yes, depending on business. Yes occurs. Manned during business hours. Computerized after hours KKC AGM Radio Kristine Communications . Cell Board @ Denny's Valleywide Valle wide Yes Y Yes . Manned during business hours. Computerized after hours L.M.S. Sales Linda Mantle Housekeeping Call board @Pizza Hut y Valleywde es No Yes Personal contact only-perhaps after-hour cailboard. Service Yes Human contact Land Designs by Ellison Kim Bryant Landscaping No specific need due to nature of business, however would prefer to wait Valleywide This would vary due to the nature of the Yes . for 1.70 interchange completion- no better location than Chamber at this business, but they would be in favor of a fee if Personal contact only-perhaps after-hour cailboard. time. warranted. Masato's McMahan and Associates, P.C. M1eselo Pinky Justice Restaurant Sev2dAcmunthg No Pizza Hut good location Not beneficial to the nature of th i b i Valleywide V Possibly, dependent on location. Yes Human contact. Norwest Investment Services, Inc. Tammy Curmano Se vicelinvestments . e r us ness. Good idea. Prefer manned Kiosk m cailboard. alleywnde Valle wide Possibly, dependent on location. Y Yes Human contact. y es Yea, but prefer different )oration. Human contact, The Seasons Mary Ann Harrinon gt Lodging Yes, possibly but south of 1.70. Avon only Possibly, dependent on location. Avon Information first. Human contact. Venture Sports TOTALS: Mark Weinrekh Retell/Sporthg No 66/0 (14121) =Yes want callboardl unmanned kiosk 48%,10121 want not answered 82%(14/17)- No Yes prefers manned caller. HHuman tooted location south of 1.70; more visible. 29% (6)=No do not want Vageywide 43% (9121) =Yes, would purchase advertising for $65/ month 33% (7121)-No 100% (21/21(=Yes prefer fo li id I 100°1 (20120)=Yes prefer human contact, Le. manned Info centers. callboardl kiosk 12%(2/17) = Avon- . , would not h d i i va eyw e n be distributed, 40% (8120) Combination, suggest after-hours caliboard. 5%a no only. 6%(1/17) purc ase a vert s ng. 24% (6121) however 3121 prefer Avon preference. Combination. Maybe, Information given first. 4/21 Did not answer. Data as of June 7, 2000. Funding Sources for Information Centers Chamber Contact Provide Info 1 Locations/ Comments Funding Sources Funding Covers Services? Aspen Chamber Chris Nolen Yes- Info Center 3 winter/ 4 summer City of Aspen writes grant for $100-$135,0001 yr. Staffing and minimal Resort Association 8OD-26ASPEN Pitkin County funds airport location. operational expenses. Glenwood Springs Lai Hogan (970) Yes- Into Center 1 Mein Information Center Chamber Resort 9464W9 Association Portion of a 1.5% lodging tax (Approximately Information Center and $283,000/ year.) Staff. Steamboat Sandy Evans Yee- Into Center 1 Mein Information Center Springs Chamber (970) 879.0882 Resort Association Summit County Becky Simonton Yes- Info Center 1 Main Information Center w/ Chamber of (870) 668.2051 Admin. offices in Frisco,1 Commerce location in Silverthome- Info Center and Guest Assistance where 800# Inquiries are Vail Valley Jon Brown (970) Yes- Into Carter 1 Main Information Center & 1 Chamber of 949-5189 unmanned Info Center in Commerce Edwards. Half of annual vendor's fee goes to Chamber $400,000 of the funding ($400,000), earmarked for summer marketing. City is for summer marketing. matches this amount collected on annual basis. (Visitor Services is part of (Total Visitor Center budget $80,0001 year.) the marketing budget) Use Callboards Use Computer Klosks NO -feelstronglyQ NO personal approach. Emphasize plenty of staffing. YES- open 24 hours in YES- kiosk provides only their website Visitor Info Center. and is accessed only during business Members pay $600/year hours. Can print maps, Info on Glenwood or $300/ 6 months as an and surrounding areas. additional benefit. Additional Comments Town contracts wl Chamber for Info. Svcs. b/c town doesn't want to manage. Into desks located In high traffic areas on city property, within city- owned buildings. Chamber does not pay rent for space. Have ordered a touch screen system that will be in main visitor center location for watt-In guests to use. NO YES- Installing terminal of their web site, Town contracts w/ Chamber to provide Economic Development, summer like Glenwoods. marketltgl events & Information Services. History of vendor's fee is very contusN and Chamber Is "fighting"lo maintain funding. Visitor Center, Public Relations, Summer Marketing, Events, Administration, Advertising, ETC. Is covered by the remaining funding, $30,000 from County, $20,00 from tam governments. Everything- staffing and YES- both locations. 24 Town d Frisco oontributes office location, Additional administration. hour lodging sources from membership and awn-dues program reservations & other income. Filed for 501.03 non profit status for Vroitors Sumlt County guest Info. Centers. NO Both Visitor Carter buildings operate rent-free. Sllvenhome location donated by Dillon Ridge LLC and Frisco location donated by Town of Frisco. Town of Avon funds Visitor Center in amount of Information Center NO- Direct dial phone NO, had e-mail/ Internet computer $100,0D0. Additional sources from membership dues staffing/ overhead. from Edwards location. terminal in Info Center- removed due to & non-dues program income. lack of use and poor performance. Veil Valley Frank Johnim Yee- Into Center 2 Manned Info Centers in Town of Vail co trads with TCB to run Motors Information Centers, Yes, mostly as after NO, had computer kiosks near covered Given choice, visit= preferred human contact to computer kiosks. TCB Tourism & (970) 476.1000 Uonshead & Vail Village. Centers in amount of $155,800. Infomation Centers staffing and overhead. hours tool. Generates bridge & other locations in valley. administrates Vail Marketing Bard program. Convention Volunteer host program. total budget (2 locations) $323,800. Remainder from 12,000 calls after hours. Removed due to poor working order, Bureau aonndesions, merchandise sales, etc. glare and lack of use. Whistler, Canada Thelma Yes- Into Center 1 Main Information Center (June- 70% revenues from Membership Fees, 25% from All operations- Chamber NO YES- Installing 24-hour unmanned Chamber of Johnstone (604) Labor Day). Operate 5 smaller granting aides from miaddpal govemmetl bpslative and Visitor Center, computerized touch screen, located in Commerce 932.5528 visitor Info areas in resort Parks entities- considered fee for services. 5% Stale grant. primary location. Alter determining Dept distributes maps. success, will consider other locations. TOTALS: 100% Similar # locations vary- see 100;6 receive some font of government 100% funding coven 417 (67%) do not use 49% have computer kiosks and 51% organizations comments. funding. staffing, cailboords. 317 (43%) do not have computer kiosks. One will Data as of June 7, 2000. provide Info use caiiboards. hove 24 hour access. Services. 11 S034215714 C S, National Communication Systems Inc. 6385 West 52 nd. Ave. Suite 2 A Arvada Colo. 80002 P. 02 Enclosed you will find an Information Package regarding an opportunity to provide your facility with the latest technology in advanced communications, benefiting your agency and your greatest asset THE GENERAL PUBLIC I~ET ME INTRODUCE OURSELVES.._ We are NATIONAL COMMUNICATION SYSTEMS INC, a Colorado based company engaged in the telecommunications and advertising business. We specialize in providing an advanced communication service with DIRECT LINE COURTESY PHONE UNITS, With the emphasis being focused on the Travel Industry and private Aviation Community. National Communication Systems currently operates over 52 Direct Line Courtesy Phone Units in Chambers of Commerce, Airports, and Visiting Center facilities across the United States. National communications feels these privileges can now be passed to you and the people that pass through your facility. HO14 WTZ,L THIS BENEFIT YOtT & YOUR VI$ITOR'8 CEN'i'E~ ~ BCJ$INE$SES... The Direct Line Courtesy Phone application has proven extremely attractive for advertisers, ie. Hotels, Motels, RV Parks, Local Area Activities, Restaurants, Repair Services &c., wishing to initiate communications with potential customers in high traffic and exposure areas, such as, your facility. Your customers will no longer have to spend their valuable time searching through the phone book to reach these businesses. This helps to make their travels through your state and your community a convenient and pleasant experience. A visit they will likely remember and visit again. XARKET VALUE DETERMINATION . There is seldom any cost or charges to the sponsoring facility. Revenues are derived from the marketing of the Advertising and Direct Dial Courtesy Telephone service to participating businesses. The revenue pricing strategy is determined in cooperation with the sponsoring facility and NCS, structured on the market economic base. MA'Y-12-0G_t Oe-:17 AM NATIOAL.CO.SYS n 0 P n u MAY-12-00 90 : 13 AM MAT 10 AL. CO. SYS Y00 AND YOITR FACT TTY 3034215714 P. E3 You would be providing Visitors with a FREE Information Center, which is an extra incentive for your facility. k~e v e t e ho e un't complete ins allation e at' d a' to n cu om-bu'lt t meet our dec in , e Ul reme is. * We handle ail sales research and marketing proP-Igp * n all this at absolutel no cost to ou or our fac l v. * A per centaae og the advertising revenue is paid to the fa i,t~, on a monthly basts. We realize that each facility is unique and special to the visitors in its own way, so every effort will be made on our part to customize your Direct Line Courtesy Phone Unit, C)iP DO 8 TAE U PMENT WORK.... Each advertising display window has a designated button, which when pushed activates a mechanism to dial the preprogrammed telephone number. your customers do not have to page through the phone book, only to find the page they need is missing, or even dial the phonel FAS'T' AND CONVENIENT... This system is now available to your facility directly from NCS. Every system has unique advantages, but the basic operation is exactly the same. Attached you will find photographs of various systems currently in use, and a list of references for your consultation. Thank you very much for taking the time to review this information. If you would like additional information or have any questions, feel free to call. I will be glad to assist you in any way I can. Shc,--Oiv Sa&e, Advertising consultant National Communication Systems Inc. 1-800-537-8446 JPE TT age x 16 pixe s of 1 m 5/12/00 9:22 AM R M image FMx 72 pixcts of 1 L m m m 5/12/00 9:21 AM CHAMBER Of Coin meree IV. Summary of State-of-the-Art Computer Kiosk Information Chamber staff contacted CeroView to learn about the availability of state-of-the-art computer kiosk systems. The following are three potential systems offered by CeroView. Citadine - Outdoor, free standing interactive kiosk with armored glass, accessible to public, video conference kit, wireless network system, security alarm system, fully lit, printer, heater, A/C, speakers. Customized Software Capability- (internet based). The cost of the system is approximately $26,200.00. Sirius - Indoor wall mount kiosk with accessibility, video conferencing kit, secure lighting, printer, heater, A/C, sealed system for covered environment. Customized Software Capability- (internet based). The cost of the system is approximately $14,700.00. Maxmedia - Window-front glass kiosk, allowing user to interact through touch storefront window. Customized Software Capability- (internet based). The cost of this system is approximately $12,150.00. Each system requires customized software, and depending on the sophistication of the software, will allow guests to search for and print information, review maps and even offers the possibility to make reservations (lodging and dining) online. If chosen, the kiosks could include the ability to make purchases online. (This would increase the cost of the units.) Prices listed above include basic software development including the ability to make online reservations, computer equipment and the kiosk casing. Technical Spec Sheets on all three Cero View products follow. Application CITADINE is a kiosk designed for outside use as an interactive information center. It is accessible to a wide public, with an intuitive information access. Its high security design (alarm, electronic surveillance, armored glass, stainless steel structure) protects it from vandalism. The lighting at the top of the kiosk enables it to be recognized by day and by night, reassures users, reduces the risk of vandalism and gives shelter from bad weather. Two sides of the kiosk have a glass panel with automatic lighting for street maps and posters. Dimensions Height : 3000 mm Width : 1200 mm Depth : 1200 mm Total weight : about 200 kilograms Standard color : white brushed, stainless steel, white plastic Features Stainless steel tube on isolating base - Armored door with high security locks - EC approved armored glass - Exclusive fixing clip system for monitor - Exclusive fixing clip system for PC - Backlights - Earthed electrical equipment - Protected by a holographic identity - Protected by an ED multimedia tatoo Options Adhesive signs kit - visual identity - Alarm, electronic surveillance - Air conditioning - Armored keyboard kit - Armored trackball kit (stainless steel) - Capacitive through-glass touch screen system - Card reader - Computer - DVD kit - Exclusive revolving fixing clip printer kit - Exclusive fixing clip card reader kit - Ground fixation kit - Key power switch - Loudspeakers - Network Data Updating System. - Printer - Remote card reader - Standard network system - Video conference kit - Wireless network system u u u Application SIRIUS is designed for indoor mural use as an intemet access point or any other application with an armored keyboard and is accessible to a wide public. SIRIUS closeness to the user makes it an indispensable tool. An outstanding design for an outstanding kiosk: SIRIUS is equipped with lighting for the comfort and security of users in a keyboard niche providing privacy where confidential information is concerned. Dimensions Height: 1 500 mm Width: 500 mm Depth: 280 mm Total weight: about 30 kilos Adjustable screen height Standard color: metal gray Features 15 inch liquid crystal screen - Adjustable fixing clip & shelf for monitor - Armored keyboard kit - Fixing clip system for PC -1 Locking door - Lighting kit for armored keyboard - - Protected by a holographic identity - Protected by an ED multimedia tatoo - Wall bracket kit Options Adhesive signs kit - visual identity - Alarm, electronic surveillance - Armored glass tactile slab (CE approved) - Armored touch-screen - Wireless or standard network system - Through-glass audio speakers kit - Key power switch - Internet connection kit - Exclusive fixing clip card reader kit - Video conference kit - Unlimited range of colors available - Card reader - Computer - Secure personalized intemet browser - Network maintenance - Printer kit H 1 Application MAXMEDIA is an ultimate designed "kiosk" with the specific tactile surface necessary for interactivity through a store window up to 25 mm thick (not double-glazed). This allows customers to interact with it from outside the store simply by touching the window 24 hours a day, 7 days a week and attracts pedestrians into the store. The through-glass audio speaker can project sound through standard window glass. This speaker system has a frequency range of 300Hz-5kHz and a rated speaker power of 30 watts. Dimensions Height : 600 mm Width : 500 mm Thickness : 70 mm Total weight : about 10 kilograms Standard color: white Features 1 Locking door - Adjustable fixing clip & shelf for monitor - Capacitive through-glass touchscreen system - Computer - Fixing clip system for hardware components - Power supply and fan cooler - Protected by a holographic identity - Protected by an ED multimedia tattoo. Options Adhesive signs kit - visual identity - DVD kit - Key power switch - Network Data Updating System. - Printer - Remote card reader - Remote fixing clip card reader kit - Standard network system - Through-glass audio speakers kit - Unlimited range of color available - Video conference kit - Wireless network system Approval Disabled persons compatible EC norm compatible Registered model at I.N.P.I. Fire-proof MAXMEDIA f• V. M = M IM The CHAMBER Of Commerce Additional Research of Tourism Organizations Types of Information Services Provided: Organization Name Manned Info Computer Kiosk- Offer State-of-the-A rt Center Available Business Info. Technology Hours Only Disney World Resort Yes No Hilton Head Island Chamber of Commerce Yes Yes Honolulu Convention & Visitors Bureau Yes No Lake Tahoe Chamber of Commerce Yes Yes Lake Tahoe Convention & Visitors Bureau Yes Yes Las Vegas Chamber of Commerce Yes Yes Long Island Convention & Visitors Bureau Yes No Miami Convention & Visitors Bureau Yes No Orlando Convention & Visitors Bureau Yes No Park City Convention & Visitors Bureau Yes Yes San Diego Convention & Visitors Bureau Yes No Santa Fe Chamber of Commerce Yes No Southampton Chamber of Commerce Yes No Taos Chamber of Commerce Yes Yes Washington DC Convention & Visitors Bureau Yes No Totals 100% Provide 40% provide kiosk during manned info, business hours. 60% do center. not provide kiosk. No No No No No Very technical, interactive computer kiosks. No No No No No No No No No 1% Provide state-of-the-art technology. 99% do not have state-of-the -art technology. As of June 2, 2000