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TC Council Packet 12-10-2002Town Council Meetings Roll Call Check Sheet l-) atP• J9- / i" / Michael Brown v v C! Debbie Buckley Peter Buckley p Mac McDevitt Buz Reynolds Mayor Brian Sipes Ron Wolfe 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: Wolfe, P. Buckley, Sipes, Reynolds, McDevitt, D. Buckley, Brown Staff Present: Jeff Layman Larry Brooks Norm Wood John Dunn Meryl Jacobs Patty McKenny Bob Reed Jacquie Halburnt Harry Taylor Scott Wright Ruth Borne Other Staff IATown Clerk\Council\Packets\Council Meeting Check List.doc STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD DECEMBER 10, 2002, AT 2:45 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 2:45 PM - 3:15 PM 1) Tour Village at Avon (Bus leaves Municipal Building at 2:45 sharp) 3:15 PM - 3:45 PM 2) Town Attorney Update (Executive Session) Review litigation and pending issues related to the sales tax (John Dunn) 3:45 PM - 4:00 PM 3) Transit Discussion (Mac McDevitt) 4:00 PM - 5:00 PM 4) Council Interviews with Planning and Zoning Commission Candidates 5:00 PM - 5:15 PM 5) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO BY: 4a" P tty cKenny Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON DECEMBER 6,2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY TOWN OF AVON REGULAR COUNCIL MEETING AGENDA DECEMBER 10, 2002 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input a. Update on Holiday in the Park (Julie Kessenich) b. Holiday Lighting Contest Winners (Jacquie Halburnt) 3. Ordinances a. Second Reading - Ordinance No. 02-22, Series of 2002 - An Ordinance Adopting the Updated Zoning Map PUBLIC HEARING (Ruth Borne) b. First Reading Ordinance No. 02-23, Series of 2002 - Amending Title 9 of the Municipal Code of the Town of Avon relating to Bail Bond Condition Violations; and Providing Penalties for the Violation Hereof. (Jeff Layman) C. First Reading Ordinance No. 02-24, Series of 2002 - Amending Title 10 of the Municipal Code of the Town of Avon Relating to Driver Licenses; and Providing Penalties for the Violation Hereof. (Jeff Layman) d. First Reading Ordinance No. 02-25, Series of 2002 - Amending Title 9 of the Municipal Code of the Town of Avon Relating to Restraining Order Violations; and Providing Penalties for the Violation Hereof. (Jeff Layman) e. First Reading Ordinance No. 02-26, Series of 2002 - Amending Title 10 of the Municipal Code of the Town of Avon Relating to Vehicle Registration; and Providing for the Violation Hereof. (Jeff Layman) 4. Resolutions a. Resolution No. 02-56, Series of 2002 - Appointing C.G. Allen, III Municipal Judge b. Resolution No. 02-58, Series of 2002 - Ratifying Existing Public Art Locations (including Statuary) within the Town of Avon and Setting Forth Review and Design Considerations for All Future Art Installations. C. Resolution No. 02-59, Series of 2002 - Canceling a Regular Town Council Meeting 6. New Business a. Planning and Zoning Commission Member Appointment 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Unfinished Business 12. Consent Agenda a. Approval of the November 26, 2002 Regular Council Meeting Minutes b. Resolution No. 02-55, Series of 2002 - Appointing Larry Brooks Town Manager C. Resolution No. 02-57, Series of 2002 - Approving the Donation of Computer and Computer Equipment to the Avon Police Department d. Audit Engagement Letter-Clifton Gunderson LLP e. Service Agreement with Vail Associates, Inc. on Dial-a-Ride Vehicles 13. Adjournment AVO N C O L O R A D O Tom of Awn P.O. Bcoc975 900 Bffrfn- rk Road Awn, Cobracb 81620 971-748-9005 Office of the Town Manager To: Honorable Mayor and Town Council Fr: Larry Brooks, Town Manager Dt:: December, 6,2002 Re: Update Attached please find a report from Norm regarding traffic counts and projections for Nottingham Road. In the past, council has asked how the future projects being served by Nottingham Road will affect traffic counts for this road section. We believe this report captures the raw data well. Norm wanted you to have the information sooner, but we keep running out of time to put this on the agenda. This seems like a good compromise! I'm sure you'll let us know if you want it on a future agenda. Don't forget the Christmas potluck dinner from noon to 2PM on the 13th . We will hand out the longevity awards at 1 PM, and raffle some door prizes that have been generously donated by some council members (you proud individuals know who you are). I have been able to obtain Gary Severson with NWCOG, to facilitate part of the goal setting meeting we are having the 17th. We are formulating a plan as we speak, and will provide you with a further update at the council meeting. The City of Aspen, the chamber, and the Aspen Institute recently completed the attached report of their Economic Sustainability Committee. While some of the specifics of this report do not apply to the Town of Avon, the thought process may have some merit for you. My daughter is in Town on the 23rd and 24th. Unless I hear you scream at me, I plan on spending some time with her. Jacquie will be here to "take care of the ranch" (guess where was raised), and I will have my cell phone. Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Norm Wood, Town Engineer ?G December 3, 2002 Nottingham Road- Traffic Projections Summary: The following is a revised summary of historic traffic counts on Nottingham Road at Metcalf Road. This summary includes data from the extended counts made between July 25 and August 8, 2002. A copy of the Summer 2002 Traffic Count Summary is attached for additional information. Nottingham Road Traffic Counts (ADT - Average Daily Traffic): @ Metcalf Road @ Roundabout 1 Year Winter Summer Winter Summer 1995 5,175 9,275 1996 7,388 9,338 1998 7,725 12,388 1999 7,650 15,500 2000 5,312 11,300 2001 12,690 2002 5,602 5,700 11,266 12,000 Note: All count data is based on Fridays as representing weekday traffic that is typically higher than weekend traffic. The Winter 2002 counts at Metcalf Road were adjusted to reflect changes in location of counts and correction for apparent counter failure during morning hours. Adjustment factors were based on turning movement counts and extended hourly counts from summer 2002. Per Development Summary dated February 11, 2002, prepared by Department of Community Development Wildridge Development 849 Units Per Replat No. 2 Wildridge Development 555 Units Developed (65%) I:\Engineering\Traftic\Memo Nttghm Rd Traffic 12-02.Doc 1 Traffic Counts on Metcalf Road immediately below Wildwood Road March 16, 2002 - 3050 ADT (5.5 Trips per Day per Residential Unit) July 25 - August 8, 2002 - 3500 ADT (6.3 Trips per Day per Residential Unit) Note: Trip Generation Manual - Typical Traffic per Residential Unit = 6 Trips per Day per Residential Unit Nottingham Road -Projected Traffic Volumes at Metcalf Road Current 5,700 ADT Wildridge - Future Development (849 - 555) x 6.3 = 1,852 ADT Barrancas Project (44 Residential Units x 6.0) = 264 ADT Car Wash - Lot 30, Block 1, BM @ BC (Per Traffic Study with Application) 630 ADT USFS Land Trade Parcel (400 Residential Units x 6.0) = 2,400 ADT Total Projected Traffic at Buildout 10,846 ADT Avon Transportation Plan - December 1991 Projected Traffic Volumes - Nottingham Road at Metcalf Road - 14,000 ADT Recommended Improvements - Ultimate - Three Lanes from Buck Creek Road to Metcalf Road Proposed Improvements - Three Lane Section from Buck Creek Road to Sherwood Meadows Easterly Entrance Nottingham Road -Projected Traffic Volumes at Roundabout 1 Current 1200 ADT Wildridge - Future Development (849 - 555) x 6.3 = 1,852 ADT Barrancas Project (44 Residential Units x 6.0) = 264 ADT Car Wash - Lot 30, Block 1, BM @ BC (Per Traffic Study with Application) 630 ADT USFS Land Trade Parcel (400 Residential Units x 6.0) = 2,400 ADT Mountain Star - Future Development (89 - 38) x 6.3 = 321 ADT Buffalo Ridge Housing Project (240 Residential Units x 6.0) = 1,440 ADT Wildwood Resort (Cottonwood PUD) (Estimated) 3,500 ADT Lots 2 & 3, Block 1, BM@BC (Estimated) 750 ADT Total Projected Traffic at Buildout 23,157 ADT I:\Engineenng\Traffic\Memo Nttghm Rd Traffic 12-02.Doc 2 Avon Transportation Plan - December 1991 Projected Traffic Volumes - I-70 to Buck Creek Road - 25,000 ADT Recommended Improvements - Phase I - Widen to 5-Lane Section from I-70 to Buck Creek Road Proposed Improvements - Widen to 4-Lane Section from I-70 to New Roundabout at Buck Creek Road and Relocate Swift Gulch Road to New Intersection with Buck Creek Road If there are questions regarding the attached Summer 2002 Traffic Count Summary, the above summary of previous traffic count data or the proposed improvements on Nottingham Road, it may be desirable to schedule work session time with the council to discuss the projections and issues. Town Manager Comments: Wzlcl 17,Ul?( /. t.?v fZ?L? z- z C\EngineeringATrafficAMemo Nttghm Rd Traffic 12-02.Doc 3 MEMORANDUM To: Norm Wood, Town of Avon From: Jeff Hebert, TDA Date: August 21, 2002 Subject: Summer 2002 Traffic Count Summary Time: 11:19 AM # of Pages: 11 Job #: 4306 As agreed, we have compiled summer traffic count data for the Town of Avon. Traffic volumes were recorded on Friday July 26`h and Saturday July 27"', 2002. In addition, the tube counters at locations I 1 and 12 were left out for a 2-week period from Thursday July 25t' through Thursday August 8`h. Traffic volumes recorded on Friday July 26`h of this year were compared to the traffic volumes recorded on Friday July 23`d, 1999. (The 24-hour count in 1999 did not include Saturday). Traffic counts were not recorded at location 6 (Beaver Creek Place south of East Beaver Creek Blvd.) due to road construction. The 2002 count was designed to provide an "annual traffic check-up", supplementing the Spring Break winter volumes that we've compiled the past three years. 24-hour volumes were collected at 12 select locations. No peak period turning movements were tabulated for the summer count. Four locations that were counted in 1999 and also included this year are bolded below. Please note that the count tube at location 11 was moved from Metcalf Road (north of Nottingham Road) to Nottingham Road (east of Metcalf Road), as you requested. The Summer 2002 24-hour daily count includes the following locations: 1) Avon Road north of US 6 2) Benchmark Road west of Avon Road 3) West Beaver Creek Blvd. west of Avon Road 4) Avon Road north of West Beaver Creek Blvd 5) East Beaver Creek Blvd. east of Avon Road. 6) Beaver Creek Place south of East Beaver Creek Blvd 7) East Beaver Creek Blvd. west of Beaver Creek Place 8) West Beaver Creek Blvd. west of Benchmark Road 9) Nottingham Road east of Coastal Gas Station 10) West Beaver Creek Blvd. north of US 6 11) Nottingham Road east of Metcalf Road 12) Metcalf Road south of Wildwood Drive Summary of Findings Friday Volumes Figure 1 depicts daily volumes recorded on Friday July 26d'. Figures 2 & 3 illustrate the relative change in traffic volume at the four locations counted in 1999. The volume on Avon Road north of US 6 has increased by 1,300 vehicles per day from 1999 and West Beaver Creek Boulevard west of Avon Road weekday volumes have increased by about 2,500 vehicles per day (23%) over the three year period. East Beaver Creek Blvd. east of Avon Road shows a slight increase in 2002 with 600 vehicles (4%). Nottingham Road north of I-70 (Coastal Gas station) is down 3,500 vehicles (-23%) from 1999. Avon Summer 2002 Traffic Count Summary Page 1 TDA Colorado, Inc. Norm Wood 08/21/02 Page 2 Avon Summer 2002 Traffic Count Summary Two-Week Volumes Figures 4 and 5 illustrate the traffic volumes at locations 11 & 12 over an intended two-week period. The actual data collection period ranged from 8 to ten consecutive days'. Tube counters at location 11 (Nottingham Road east of Metcalf Road) recorded traffic volumes from Friday July 26"' through Sunday August 4th. The other set of tube counters at location 12 (Metcalf Road south of Wildwood Drive) recorded traffic volumes from Friday July 26th through Friday August 2°d. As evidenced in the graphs, the traffic volumes remained fairly consistent throughout the week and dropped significantly on the weekends. During the week the vehicle count at location 11 remained close to 6,000 vehicles per day, while the vehicle count at location 12 hovered around 3,500 vehicles per day. Upon closer inspection of the data, the AM peak period of traffic on Nottingham Road was 8:00 to 9:00 AM and the PM peak period occurred in the 4:00 to 5:00 hour. However, peak directional flow was eastbound in both the AM and PM hours, averaging 316 vehicles in the AM and 258 vehicles in the PM. Along Metcalf Road, the AM peak period was 8:00 to 9:00 AM, predominantly southbound. The Metcalf Road PM peak traffic period was the 5:00 to 6:00 hour with flow predominantly in the northbound direction. The AM period averaged 203 vehicles in the southbound lane and the PM averaged 219 vehicles in the northbound lane. Saturday vs. Friday Volumes As noted in Table 1, summer traffic volume is consistently lower on Saturday as compared to Friday. Benchmark Road west of Avon Road experienced the biggest weekend drop. Saturday volume was almost half (55%) of the weekday volume. East Beaver Creek Blvd. and Metcalf Road (south of Wildwood Drive) experienced Saturday traffic volumes fairly close (86%) to the weekday volume. TABLE I Summer 2002 24 Hour Traffic Volumes by Location Friday July 26th and Saturday July 27th Avon, Colorado Count Station Location Friday Saturday Saturday as a % of Vehicles per day Friday 1 Avon Road north of US 6 24,000 19,000 79% 2 Benchmark Road west of Avon Road 4,900 2,700 55% 3 West Beaver Creek Blvd. west of Avon Road 13,300 10,300 77% 4 Avon Road north of West Beaver Creek Blvd. 26,400 20,800 79% 5 East Beaver Creek Blvd. east of Avon Road 13,700 11,800 86% 6* Beaver Creek Place south of East Beaver Creek Blvd. ---- ---- ---- 7 East Beaver Creek Blvd. west of Beaver Creek Place 6,200 4,600 74% 8 West Beaver Creek Blvd. west of Benchmark Road 6,200 5,300 85% 9 Nottingham Road east of Coastal Gas Station 12,000 8,600 72% 10 West Beaver Creek Blvd. north of US 6 5,600 4,400 79% 11 Nottingham Road east of Metcalf Road 5,700 3,600 63% 12 Metcalf Road south of Wildwood Drive 3,500 3,000 86% *Unable to record traffic counts due to road construction 1 Possibly, the counter tubes were torn up by street sweeping vehicles. Norm Wood 08/21/02 Page 3 ,Stammer VS, Winter 2002 Avon Summer 2002 Traffic Count Summary Figures 6 & 7 illustrate the relative change in Friday and Saturday traffic volumes at 10 of the 12 common locations counted in winter (Spring Break) 2002. The locations are as follows: 1) Avon Road north of US 6 2) Benchmark Road west of Avon Road 3) West Beaver Creek Blvd. west of Avon Road 4) Avon Road north of West Beaver Creek Blvd 5) East Beaver Creek Blvd. east of Avon Road 7) East Beaver Creek Blvd. west of Beaver Creek Place 8) West Beaver Creek Blvd. west of Benchmark Road 9) Nottingham Road east of Coastal Gas Station 10) West Beaver Creek Blvd. north of US 6 12) Metcalf Road south of Wildwood Drive For the most part, summer volumes are slightly higher than winter. E. Beaver Creek Blvd. west of Beaver Creek Place Friday volume was more than twice the winter volumes. The volume on W. Beaver Creek Blvd. north of US 6 was almost twice the winter volume. The only noted drop in the Friday traffic volume occurred on Avon Road north of US 6. Avon Road in summer is about 4% lower than the winter 2002 count. Saturday traffic volumes followed a similar pattern. E. Beaver Creek Blvd. west of Beaver Creek Place was 51% more than winter, and W. Beaver Creek Blvd. north of US 6 was 33%higher than winter. Saturday volumes decreased by 17% on Avon Road north of US 6, while the remainder of the intersections showed virtually no change in summer and winter volume. Conclusions 1. The most significant summer-to-summer change over the 1999-2002 three-year period is the 23% reduction in traffic volume at Nottingham Road north of I-70. The 3,500-vehicle difference may reflect the high level of construction activity in the area, particularly the Wildridge and Mountain Star subdivisions, in summer 1999. 2. The sharp increase in West Beaver Creek Blvd. volume this year as opposed to 1999 could be attributed to continuing development in the Town Center (Vistana, etc.). 3. There are modest increases in summer volume for Avon Road and East Beaver Creek Blvd. over the three-year period. 4. During the AM peak hour Avon commuters from the Metcalf Road travelshed appear to be the dominant portion of traffic on Nottingham Road. In the PM peak hour, commercial traffic heading east (toward Roundabout #1) is the dominant Nottingham Road flow. This suggests that commercial traffic heading east is greater than the volume of commuters returning home in the PM peak hour. 5. Both Friday and Saturday 2002 traffic volumes remained fairly consistent between the winter and summer seasons with summer volume slightly more than winter volume. E. Beaver Creek Blvd. volume west of Beaver Creek Place however, exhibits considerably higher summer volume. The strong auto-oriented commercial center served by Beaver Creek Place may be the prevailing factor. Norm Wood 08/21/02 Page 4 Avon Summer 2002 Traffic Count Summary 6. Only the Avon Road volume north of US 6 was higher in winter on both Friday and Saturday. This could be attributed to day skier parking activity in winter associated with the East and West parking lots along US 6. TDA Colorado, Inc. 820 16'" Street, Suite 424 Denver, CO 80202 (303) 825-7107/FAX 825-6004 email: TDACOLO@aol.com N O E N O N r > ='y 0 7 U m L- a 0 I.LH ?Q w = J ?a + 0w Z0 \7-; ? y U ? ,400 O A_A2?; N w D J G U LL. Q J Q II X X X X X I ? I ?? fl OOn . i J ??Ir r ?LL LO a 0 ? ? Q [ V• Rp?'D M?? 3500 W Y J Z S V Z O 2 ,I ? I 1 i rl 009, S U `1 J N E O V ! O c? O L _O % O N Q z- O I- LL N O >' C ? O N •L c? CL E O V 4- 0 0 cu 00 W r- E- 0 Z 4- 0 cv a) m ? L U 00 > a? Q co 0 m O m ? c U > ?a cc a> co Cfl CO D 0 t tf O c cv OC/ c O Q _ O V O J N O O O 7 0 a 0 O a) rn cc a. 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C N O LL'1 O ch 0 I A O .c c O m O ' O Z _ O _ W?d-l?'?i. F _.. C I - O O -I N O O Ct N l _ _ _4«.G.?x.. S ?_ .x..YR. _ O ? Q cli C3 O O O O O O O N O O O O O O N 0 w M N N 3 U) AL,(] jad SGPILIGA a O (a a e- FO N L C ? O O ? N O m m ? j o° U L ? Q7 G Ei E S ? Report and Recommendations of the Economic Sustainability Committee A joint project of the Aspen Chamber Resort Association, the City of Aspen, and the Aspen Institute Community Forum September 2002 Background: Toward the end of 2001, Aspen was faced with several years of lowered economic activity attributable to a combination of several mediocre snow years, the Y2K business consumer travel slowdown, the terrorist events of 9/11, and the general slowdown of the U.S. and world economies following the sustained bull market of the 1990s. Since then, forest fires affecting Colorado tourism and a deepening of the recession have further hampered Aspen's business climate. Concurrently, the Aspen Chamber Resort Association, the City of Aspen, and the Aspen Institute Community Forum Board were all interested in gaining a perspective on our current situation. After individual efforts by each of these organizations were begun, it was decided to collaborate on a joint task force to assess the situation and to make recommendations. Narrow Scope: Economic Sustainability can be a fuzzy term and implies a system analysis in which both short- and long-term factors of production are balanced in a manrier so as not to permanently deplete resources. The size of the system can be small or large. For purposes of our committee, we focused on the Aspen community, i.e., Aspen and the upper portion of the Roaring Fork Valley. Some members of the committee were familiar with a particularly environmental approach to the issue of sustainability. Much discussion focused on issues of balance between the economy, the community, and the environment. Other members urged a "whole valley" approach, which would extend the geographic area of the committee's concerns. This committee has sought to incorporate these concepts in their information gathering and deliberations. However, it was determined that for purposes of the committee's primary area of concern, the focus would be on sustaining the Aspen resort economy. Recognizing the immediacy of many of the problems facing the Aspen business community, we also focused on those short- and long-term items that would have, in our opinion, a positive payback for the community. Quality of Life: Aspen's beauty, its rich cultural heritage, and the diversity of the community are its most sustainable competitive advantages. Our committee operated within the framework that these elements must not be compromised for short-term economic gain. Report and Recommendations of the Economic Sustainability Committee Sources: Our committee met approximately 18 times over the course of about 9 months. During this period we invited a number of guest speakers to inform the committee on their respective areas of expertise. Guest presenters included Ford Frick (BBC Research and Consulting, Denver) and Chris LeTourneur (Thomas Consultants, Vancouver), both of whom have expertise in the economics of resort area communities. Snowmass Village Mayor, T. Michael Manchester, spoke about the Base Village project and other issues facing Snowmass Village, including their own recent strategic planning efforts. In our discussion of commercial real estate we spoke to a prominent landlord as well as a commercial real estate broker. In looking at airport issues, we had discussions both with Bill Tomcich (Stay Aspen Snowmass) and Jim Elwood (Pitkin County Aviation Director). John Norton made a presentation on the marketing research conducted by the Aspen Skiing Company, along with their current marketing strategies. Don Roth (Aspen Music Festival & School) and Jim Baker (Anderson Ranch Arts Center) helped inform us of the importance of the cultural non-profits to the community and the various challenges they face. Bill Dinsmoor (Commercial Core and Lodging Commission) and Barry Gordon (Aspen Retail Association) informed our committee on certain lodging and retail issues. City of Aspen planner Chris Bendon participated not only in presenting the proposed City of Aspen Infill Project, but also informing us on general planning issues as they came up. Commissioner Mick Ireland presented us with County demographic data confirming the aging of our local population, as well as comments on the development of affordable housing and affordable commercial space. Commissioner Shellie Roy presented us with County budget and tax information revealing some of the fiscal challenges that the County faces. We also reviewed some existing sources, such as the Aspen Area Community Plan (2000) and the Downtown Enhancement and Pedestrian Plan (1998) for factors relevant to the work of our committee. Consensus Process and Disclaimer: The committee worked to establish consensus observations and recommendations. While the committee as a whole has determined that it supports the recommendations in this report, individual committee members may disagree with some of the consensus recommendations. The recommendations presented here do not necessarily represent positions taken by any of the sponsoring organizations and are not intended to reflect current policies of the City of Aspen, the Aspen Chamber Resort Association, or the Aspen Institute. Trends: While relatively simple and perhaps obvious to many, there are several major trends affecting Aspen, its competitive position, and the business climate. We believe that these 2 Report and Recommendations of the Economic Sustainability Committee trends need to be acknowledged and factored into Aspen's positioning as a resort/tourist community. Maturation of Ski Industry (and its participants). With a tail wind boosting skier visits through the 1980s, the 1990s showed a significant slowing in the number of overall skiers. Concurrently, the economics of resort development brought keen competition to ski area operators as capital was freely spent on new or expanded area development and paid for by associated real estate sales. Aspen rode this trend to a degree, but in comparison with newer resort areas, Aspen lacked sufficient land to develop and also chose to restrict community growth. These factors had the effect of making additional ski area infrastructure investments economically unattractive. As a result, today's skier has many more developed areas from which to choose, and expects a consistently high quality of accommodations and infrastructure irrespective of location. Shift from ski to real estate driven business community. Concurrent with the stock market boom of the 80s and 90s, Aspen's real estate market exploded. Millionaires bought out ordinary folk, followed in some areas by billionaires buying out the millionaires. Ownership shifted from full time residents to part time. Property management, construction, real estate sales, and associated legal and planning businesses surged. The latest phase is the increase in interval ownership projects that have compelling economics for many Aspen visitorsparticularly given the current recession. General shift to upper end consumer. As the more wealthy bought into Aspen, there were fewer tourists, but the total dollars spent kept climbing. The Aspen Skiing Company upgraded its "value proposition" by significantly improving its quality of service-from lifts to snow grooming to restaurants and accommodations, all of which supported a more affluent consumer. Over the course of a decade, lodging facilities became bifurcated, either being on the upper end or through obsolescence, slipping to middle and lower levels of quality. Shift in retail climate. The types of stores supported by Aspen's shifting clientele also changed. Out went t-shirt shops; in came high-end boutiques. More and more service businesses and mom and pop stores shut down or moved down valley, leaving less shopping selection for the locals. Further, faced with a certain type of store willing to pay any price to be in Aspen, rents rose to the point of rendering the economics of most retail businesses to be marginal at best. General shift of residency for the "working class," and "Aspen locals" choosing to shop down valley. Particularly with the relatively affordable developments of Elk Run, Blue Lake, and other areas further down valley, many Aspen working families chose home ownership down valley in lieu of condominium living in Aspen. There is support for the theory that as the number of local purchasers has declined, the market has adjusted and expanded its focus to the higher-end purchaser. Additionally, and Report and Recommendations of the Economic Sustainability Committee particularly with the four-lane work on the highway near completion, an increasing number of Aspen locals shop down valley-whether for snow tires, groceries, lumber, or the typical Wal-Mart run. Renewed vigor of the Aspen non-profit and cultural institutions. Supported largely by Aspen's upper end clientele, Aspen's premier non-profit institutions (particularly those with entertainment/cultural offerings) benefited from the generosity of both locals and second homeowners. The strength of these organizations further attracted more people to our community who value these institutions. A new set of challenges for local governments. Service demands grew as more workers required busing (RFTA), transportation and parking facilities, and employee- housing capacity was strained and the demand for social services climbed. Concurrently, in the attempt to control and steer growth, planning and zoning activities mushroomed. These activities were adequately supported during a period of growth for sales tax revenues, but shrinking tax revenues in the current period may force difficult choices. Ground and air transportation issues remain perplexing. While transportation to and from Denver via car improved by raising the speed limit back to 75 mph and with the near completion of the four-lane highway to Aspen, increased traffic along the I-70 corridor and placement of DIA further from Denver makes ground transportation more difficult. At the same time, with only one airline flying the main Aspen/Denver route, fares tend to be high and flight selections limited. What's more, transportation in Aspen is hampered by the constricted nature of the current entrance to Aspen and by a lack of adequate parking facilities downtown. • Lack of coordination. In contrast to a "one-company town," such as Whistler Village, in which product offerings, prices, and service levels are thought of as a package, Aspen operates as a group of individuals subject to the competitive forces of the marketplace to dictate which businesses and products are successful. This lack of coordinated effort often manifests itself in a mix of products and services that do not optimally reflect the needs of the resort population and local community. Aspen is affected by the overall economy. Just as Aspen was affected by the silver bust of the 1890s, today Aspen's economy is largely affected by the economic status of its full- and part-time residents and visitors. With over 8 trillion of "wealth" (at least in terms of pricing) knocked out of the stock market, Aspen's residents are also feeling the crunch. Committee Participants: ACRA Committee Co-Chair Stan Clauson and Community Forum Co-Chair Wally Obermeyer would like to thank the following individuals for their participation and contribution to our committee work: 4 Report and Recommendations of the Economic Sustainability Committee ACRA Aspen Institute Jim Baker Community Forum Molly Campbell Jeanette Darnauer David Fleisher Roy Davidson Barry Gordon Tom Dunlop Ken Hammerle Marc Friedberg Rick Jones Michael Kinsley Jackie Kasabach Howie Mallory John Norton Charlie Tarver Hanna Pevny Bill Tomcich City of Aspen Helen Klanderud Steve Barwick Julie Ann Woods Chris Bendon Pitkin County Shellie Roy We are grateful for staff support provided by Nell Arthur of ACRA, Cristal Lee of the Aspen Institute, and Crissy DiAmato of the City of Aspen. Economic Sustainability Committee Recommendations: About mid-way through its schedule of meetings, The Economic Sustainability Committee undertook a group exercise to help define key issues with respect to the economic sustainability of Aspen as a resort. The Committee identified a number of "stumbling blocks" to sustainability and then ranked these issues in importance. Much of the Committee's subsequent work has been to develop a better understanding of these issues, prior to offering recommendations. Following are the five most significant issues, ranked in order of importance as identified by the Committee in an early planning exercise. Each of these issues is associated with one or more recommendations for action. Issue #1 Aspen has a deteriorating lodging and tourist facilities inventory. This includes small lodges and condominiums that are placed in the rental pool. Not only has the number of available rooms decreased greatly, but also remaining facilities are not perceived by the visitor as offering appropriate value for their pricing. Lodging owners and potential developers do not perceive a sufficient return on investment to improve existing facilities and develop new ones. Recommendation 41 Support redevelopment of existing lodging facilities and the development of new lodging facilities. Report and Recommendations of the Economic Sustainability Committee Discussion Because new investment is needed in existing lodging facilities and some new development is needed to replace lodging units lost to conversion, Aspen should embark on a multi-faceted program to support lodging redevelopment/renovation in the current economic marketplace. One aspect of this should include supporting interval ownership programs, but only when combined with physical facilities making it possible and required to rent unused periods as short-term tourist accommodations. All boards and commissions involved in the review process should understand the importance of these development efforts and, consistent with their review responsibilities, not burden potential development with excessive requirements or protracted procedures. Community Development staff should be supportive of this redevelopment effort by reviewing current zoning regulations, including growth management restrictions, and recommending zoning changes that facilitate an appropriate amount of lodging development. A short study should be undertaken to determine the actual amount of lodging lost during recent years and an appropriate number of needed replacement lodging units. Community Development staff should also assist potential redevelopers of lodging and rental condominiums by mapping appropriate sites for lodging development and reinvestment, and by supporting a collaborative effort in the permitting process to improve the existing lodging base. Issue #2 The availability of air access is too limited to support an appropriate level of tourism. There is a lack of competition, caused in part by the inability of the airport to serve the current types of regional aircraft used by other potential carriers. Recommendation 92 Continue to upgrade the safety and expand the capability of Sardy Field. Discussion: Sardy Field should be improved to accommodate additional types of aircraft, which is a prerequisite to attracting additional air carriers to Aspen. These improvements include runway lengthening and improved guidance facilities. Rather than continue the debate on bringing in the Boeing 737 aircraft, current market studies show that improvements could be targeted to address a wider variety of smaller regional jets operated by other carriers. Moreover, the principal aircraft servicing Sardy Field, the BAE 146, is no longer in production and a program to provide a replacement aircraft has been cancelled by the manufacturer. It is therefore necessary to provide the runway length and other facility improvements that would safely support a wider variety of regional aircraft under a broad range of weather and temperature conditions. Bonding, as a financing mechanism, should be considered in order to accelerate these improvements by providing the local match to the 6 Report and Recommendations of the Economic Sustainability Committee 90% FAA funding. At the same time, it is in Aspen's interest to explore an improved relationship with the Eagle County Airport, and possibly Rifle and Grand Junction airports as well, including transportation and welcome services. Issue #3 The Aspen (and Pitkin County) economy has a low multiplier effect, with income flowing out quickly because we lack a broad-based and complete range of economic sectors. Recommendation #3 Develop a broader-based economy by supporting commercial and affordable housing in-fill opportunities in the Commercial Core and Service/Commercial/ Industrial (S/C/I) zones of Aspen, as well as at the Aspen Business Center (ABC), and by supporting housing opportunities for a greater number of Aspen employees. Study measures to encourage locally owned and operated businesses. Explore ways to develop locally owned and local serving retail space. Discussion: There are several factors that cause leakage of sales out of our local market area and diminish the re-circulation of dollars spent in the community. These include the downvalley location of construction companies/contractors and consumer shopping opportunities, the fact that a significant number of employees do not live and spend money in Aspen, and the presence of corporate owned retail facilities whose profits are extracted from the local economy. A threefold approach to this problem includes ensuring that S/C/I facilities are retained and expanded through infill wherever possible, additional business facilities and housing should be provided in the Commercial Core through infill, and additional affordable housing opportunities should be developed generally within and adjacent to the Urban Growth Boundary. The Committee reviewed trends showing the transition of housing occupancy from local residents to second homeowners, along with the general aging of the population and influx of older residents. These trends have exacerbated the problem of housing availability and affordability for local working residents. The absence of sufficient affordable housing in the metro area has been seen as impacting community-building and transportation, but it should also be seen for its impact on markets for affordable consumer opportunities. The Aspen Business Center should also be studied as a significant in-fill area that could support additional S/C/I and Neighborhood Commercial, as well as providing additional housing opportunities. ABC development could include a grocery store and other local- serving retail. 7 Report and Recommendations of the Economic Sustainability Committee Issue # 4 Land appreciation and unrealistic rents paid by certain tenants have created a situation of diminished retail possibilities and vacancies in the Commercial Core. Recommendation #4 Develop new regulations for the Commercial Core based on vertical zoning that generally requires retail at the ground floor level, while reserving professional office and housing opportunities for upper stories. Develop program recommendations for affordable retail and commercial start-up opportunities as part of the infill planning activity. Inventory and study measures from other communities that might further contribute to a vibrant retail environment as well as supporting local serving businesses. Review the Downtown Enhancement and Pedestrian Plan (DEPP) study for implementation, particularly with respect to mall improvements and wayfinding. T)icrrnccinn- The current retail environment has often been characterized as one dominated by elite international chains and other uses that are capable of paying significantly higher rents than would be economically feasible for a broad range of retail activities. This displacement is in part a function of economic forces, but might be ameliorated by limiting the encroachment on the retail environment of non-retail uses, providing some additional affordable retail through infill, and reviewing measures taken in other communities to enhance the diversity of retail shopping opportunities. At the same time, it is recognized that there has been a lack of cooperative activities among retailers. Efforts to form a retail organization should be supported for the coordination of store hours, promotion of the retail environment, and the launch of a "buy Aspen" program. On a broader level of cooperation, initiate a "commercial core task force" made up of landlords, shop owners, and marketing experts to develop strategies to invigorate the shopping/entertainment experience on the malls and commercial core areas. Such a group, known as the Downtown Improvement Group, has recently been organized by the City, with a mandate to provide recommendation for the malls and commercial core within six months. The Committee did review the current restrictions on store size and determined that store size alone does not seem to have an influence on whether a business is locally owned or local serving. The Committee has not recommended more stringent store size limitations as a means to achieving these goals. However, there may be other potentially useful code changes or creative measures that can be culled from various resort communities. The Downtown Improvement Group, with City staff support, should survey these measures as soon as possible. The Downtown Improvement Group should then recommend key measures for adoption. 8 Report and Recommendations of the Economic Sustainability Committee Issue #5 There is a diminished sense that Aspen is different. Recommendation #5 We need to take action to reinforce and enhance Aspen's uniqueness. We need to promote its virtues, which include many "firsts" for a resort community. At the same time, we need to act out our support for and belief in our community. Aspen's activities and the marketing of the resort should be a coordinated effort among the Chamber, the Aspen Skiing Company, and the cultural nonprofits. New parks and recreation facilities should be included in marketing and media relations. A vision of Aspen should be supported by the redevelopment of Aspen's infrastructure facilities and development of new facilities, including a performing arts/convention center. Discussion: We should re-affirm that, while other resort venues bring together an historic downtown, outdoor activities, and cultural elements in some measure, Aspen's history of blending these activities-Walter Paepcke's dream of nurturing the mind, body, and spirit presents a very real marketing advantage. The community has moved forward to significant status in all of these areas, but cannot rest on its laurels. The new music tent and construction at the Anderson Ranch could be complemented by additional performance and arts venues. The community should study the need for a conference/convention/performing arts center capable of accommodating audiences larger than supported by current facilities and equipped for multi-purpose functions. The uniqueness and quality of existing cultural events and outdoor activities taking place in Aspen can and should be a marketing focus, but additional opportunities should be developed to meet the interests found among people at every age. Young people particularly are often excluded from popular performances because they occur in alcohol- restricted venues. More opportunities for youth recreation should be developed and promoted. With respect to marketing, additional tax sources should be studied to provide money for a coordinated Aspen marketing campaign. Particularly with the lack of state investment in tourism promotion, additional dollars spent on advertising and public relations could have a significant impact. Other efforts should include lobbying for a reinstatement of Colorado tourism promotion. Both the public and private sectors should be encouraged to continue to reinvest in Aspen's infrastructure. Over time the community has spent significant dollars in restoring the Wheeler Opera House, purchasing open space, creating affordable housing, developing bike trails, making additions to the hospital, and currently building a recreation center, a new golf club house and the major school improvements. Currently lacking are downtown parking facilities, an effective entrance to Aspen and an inter-mountain interconnect. 9 Report and Recommendations of the Economic Sustainability Committee We encourage moving forward on the Entrance to Aspen as approved in the CDOT Record of Decision. Much public participation and research was undertaken resulting in the decision to provide a new entrance to the community. The plan as approved provides a very high level of open space amenity, supports current and future forms of public transportation, and will help to eliminate congestion that negatively affects all members of the community. Opportunities for public/private partnerships should be explored to create additional and more convenient parking, as well as a gondola interconnect for the mountains. The present interconnection of the mountains by busses and cars is inadequate, both from a functional and marketing perspective. Infrastructure development and renewal should be encouraged to continue at all of the four ski areas. Other long-term recommendations: • Do not over-react to exogenous economic variables. Just as the market boomed in the 1990s, there may be a slowdown, but things will surely rebound given time and patience. No "quick-fix" should denigrate from safeguarding Aspen's competitive advantages of beauty and cultural richness, whereas traditions of debate and thoughtful governance will payoff in the long term. Develop track and monitor key community economic variables as well as certain "intrinsic value" indicators that are more quality of life and aesthetically orientated. Trends in these indicators can then be used as feedback for both positive and negative impacts. The City and ACRA should jointly provide this data on a timely and regular basis to complement Healthy Mountain Communities' "County Profiles" and Regional Indicators." • Continue to have a business/government/non-profit forum as a means of collaboratively assessing and addressing community/business challenges and opportunities. This forum could meet quarterly. Action Item Summary 1. Support lodging renovation and redevelopment in the current marketplace, including interval ownership, if combined with physical facilities that make it possible and required to rent unused occupancy periods as short-term accommodations. 2. Review current zoning regulations, particularly growth management restrictions, to recommend changes that facilitate lodging development up to a revised level of replacement units. 10 Report and Recommendations of the Economic Sustainability Committee 3. Study and establish a new target level for replacement lodging units. This should supplant the current annual allocation and total build-out numbers in the current growth management portion of the land use code. 4. Identify and map potential redevelopment sites for lodging. 5. Provide runway lengthening and improved guidance facilities at Sardy Field to support a wider variety of regional aircraft and encourage new carriers to come into Aspen. 6. Explore improved transportation connections and welcome services at Eagle and Grand Junction airports, while maintaining and enhancing Aspen Airport visitor services. 7. Retain and expand through infill S/C/I facilities wherever possible to help counter downvalley economic leakage, and provide needed goods and services to Aspen residents and visitors. 8. Continue efforts to develop affordable housing within and adjacent to the Urban Growth Boundary and, through infill, in the Commercial Core. 9. Study in-fill expansion possibilities within the Aspen Business Center (ABC) for S/C/I and Neighborhood Commercial, as well as additional housing opportunities. 10. Study code changes designed to limit the encroachment on the ground floor retail environment by non-retail uses. 11. Study mechanisms for affordable retail development. 12. Support the development of a retailers association for the coordination of store hours, promotion of the retail environment, and as a vehicle to give the retailers voice on political and regulatory issues. 13. Support the activity of the newly-formed Downtown Improvement Group-a commercial core task force made up of landlords, shop owners, and marketing experts to study ways to invigorate the shopping/entertainment experience on the malls and in the commercial core. 14. Empower the Downtown Improvement Group and provide staff support to communicate with other communities, and research and recommend code change and/or other creative measures that encourage a desirable downtown retail mix. 15. Study the possibility of developing a conference/performing arts center of sufficient size able to accommodate community cultural activities and provide conference-marketing opportunities. 11 Report and Recommendations of the Economic Sustainability Committee 16. Marketing efforts should provide a stronger relationship to the cultural activities available in Aspen. 17. Provide additional opportunities for evening recreation for young people to complement the extensive outdoor recreation available. 18. Consider additional tax sources for marketing funds, including the possibility of a one-percent sales tax for marketing purposes, not only to promote winter skiing but also to highlight the summer season with its increased cultural and recreational activities. 19. Join with other communities in lobbying efforts for a reinstatement of state-level tourism promotion. 20. Continue to reinvest in Aspen's infrastructure through collaboratively exploring public/private and interagency partnerships for certain projects and moving forward on others that have already approved. These include: • The Entrance to Aspen as approved in the CDOT Record of Decision, • Possible additional and more convenient parking, and • A gondola interconnect for the four ski areas. Who is Responsible for Carrying Out these Recommendations? At first glance, it may seem that responsibility for carrying out these recommendations falls to government, both City and County. However, the concerted efforts of many organizations will be needed to brainstorm and determine the specifics of many of these recommendations, provide support for the recommendations in the political and review process, and organize non-governmental activities the complement the recommendations. The Aspen Chamber Resort Association Board should review and adopt recommendations that it believes will be effective in providing for resort sustainability. Then the Chamber should provide active support for its positions. Other associations, including the Aspen Lodging Association, the Aspen Retailers Association, SkiAspenSnowmass, and the Downtown Improvement Group, can have an important role in developing cooperative activities and influencing public policy development. The Aspen Skiing Company is an important private sector partner and should be represented as these recommendations are discussed. Their corporate planning for ski area development and transportation programs remains a key factor in implementing these recommendations. 12 Report and Recommendations of the Economic Sustainability Committee Governmental review boards, such as the Historic Preservation Commission and the City Planning & Zoning Commission, have a significant impact in their reviews of potential projects and code changes. It is important that they be made aware of the research and conclusions of this Committee. Finally, while a number of these recommendations are already being undertaken by study groups, such as the Airport Master Plan Process, that in itself does not ensure successful implementation of their recommendations. Concerned citizens and organizations need to monitor and participate in the political process relating to these recommendations in order to expand the dialogue about our efforts and improve chances for success. Adoption Notwithstanding the disclaimer regarding individual opinions and those of the organizations represented, this report and its recommendations were unanimously adopted by the Committee at its meeting of 25 September 2002. C\Documents and Settings\Stan Clawson\Desktoffinal ESC Report.doc 13 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: December 5, 2002 Re: Sales Tax Worksheet - Actual vs. Budget Summary: The attached sales tax worksheet is a variation on the worksheet normally included in the packets in the financial matters section. The attached worksheet compares the 2002 actual monthly collections to a budgeted monthly amount in order to get a year-to-date variance. The budgeted monthly amounts are determined by a formula based upon the prior year actual monthly collections as a percent of the total. Discussion: Staff will be happy to answer any questions regarding this worksheet. Financial Implications: The worksheet indicates as of the end of October the Town is $61,661.33 behind in terms of meeting its year-end sales tax projections. Town Ma ger Comments: l Attachments: Sales Tax Worksheet - Actual vs. Budget Page 1 0 Z O w D D -n m o m m c v a v m o 0< o -a n m = n c E Q Q 3 3 °) m m s9 A J V7 v W O Efl A W i A O m A N W V A ffl A m co Cn J W V cn s9 A co m O i m b9 A m Cn A N O O W m 00 N V m O co Q1 Q1 W W (J( ry9 W W W W co - -? M j rn W v co (D W (D W W W P D N J (O _ W W Cn Cn J O CO W O Cn J O O (J7 O A _ m N W (J) W J A (D (D A (D -I Ln A (J, (n W (D -? m (D (D m m W N ffl O v W W W m A O V V m Cn Cn y W O J O O O CD (D O O O U7 O Cn O A W J W O _ m O V (O CO _ N W m m O m N O V N A CP co (D V O (D V Cn O A (D i OD D) W W O N D) O to D n A) Cl) N W W W W N W A co co N CO O) O) (D (D W O J (D OD (D C1 O Cn A m (J) Cn Cn N A V A (D O W (n ? m CO J A 00 (D W CO co CA3 j W Ul W n m 00 m m A W W CT) ? m 00 N A OD OD (J, (D O) m (0 Cl) D W W W A L W N W A W W N n m N N V O co W W cn (D CJ7 O ?? M (D O Cn p (n 00 ) J V V (D O . V O O O O) a O J m m 74 Cn W (D 5 Z w O N s co m w ? 0 m X C 0 03 O W W W A A Q W m cn i w W m j w A cn (D A O A O N C) ( Q O W m A W V A W 0 Cl) O m N O OD m w O A W Z ? m O j = A m A N i U (p A J m j O E N 2 ; O O m Ln m 69 j v co V W O W C A CO CO N N CL m W W (D W W -1 m W J O W Cn A (D O (D A 00 N J N N 0) _ A .., O 0 9 . O O s N - -? O A W V O (D (n OD m O O m (;I m m 00 V 00 O J A (n (D A (D (D cn (D w N CD CD O W m O m O O N m Ul M Cn A W -4 N W O m ( ) N N ?l m -P - J m A W O p O Cn W co 00 m A m co V m N A m V N co O N N N W N Cn N W A PO _ V W O {'' Ul (3) .P O CO -I V( CD N O N W CF) W 00 (J) (D _ N 7 m N N W V A A A (D Cn O m O W N O O J A W O V m W J O CO W --ti -n o\o O O 3 ' N N U7 V 00 (D Cn A O O O 4) O V O N 00 (J7 (D N N 00 O D O m ()t N A m A N OD (D 0 o 0 0 0 o 0 0 0 0 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director John Dunn, Town Attorney Date: December 5, 2002 Re: Sales Tax on Village at (Avon) Project Fee Summary: The following discussion from John Dunn and Scott Wright is pursuant to an issue that has arisen regarding the possible taxation by the Town of Avon of the 4% retail sales fee that will be collected by the Village at (Avon) merchants. Discussion: Froin John Dunn: The revenue sharing aspects of the Village Annexation Agreement, dated December 13, 1998, between the developer, EMD Limited Liability Company, and the Town are complex, unusual and perhaps unique in Colorado. The Town agreed to waive collection of all sales, real estate transfer and accommodation taxes otherwise applicable in the Town so long as the Public Improvement Company ("PIC") collects a correlating "Project Fee." The agreement was driven by the election requirement of TABOR for incurring multiple year fiscal obligations. Neither the Town nor EMD wished to have an election. The alternative of making the agreement subject to annual appropriation was not acceptable to EMD. Therefore, the waiver principle was conceived of as a means to bind the Town to a multiple year term. In other words, TABOR is not violated by a tax waiver; it would be violated by agreeing to share tax revenues over a multiple year term without an annual appropriation. At the same time, on recommendation of the Town's bond attorney, the Town was granted the option under the agreement to amend its tax ordinances so that each taxpayer liable for the tax generated by a transaction within the Village is given a credit for the amount of the Town's tax (instead paying the Village fee). The Town's ordinances were so amended. Therefore, the taxes are not waived; instead, a credit is granted. The main reason behind doing that was to avoid any challenge at the time of the commencement of the collection of the tax after the end of the waiver period. Arguably, a new tax would thereupon be collected, requiring an election pursuant to TABOR. Page 1 The First Amendment to the Village Annexation Agreement was entered into on November 13, 2001. The waiver language was changed so that the Town now waives "imposition of the corresponding retail sales taxes," etc. Of course, at the same time the Town's ordinances continued to contain credit instead of waiver language. One can conclude that as a matter of contract between the Town and the developer (now Traer Creek LLC), the tax is waived whereas by ordinance a credit is granted as between the Town and any taxpayer. The Project Fees to be collected by the Village PIC are similar to fees collected in Beaver Creek, Arrowhead and a variety of other places such as Park Meadows. Typically they are not collected within a municipality, which is one aspect of the Village agreements which may be unique. In any event, it has come to Scott Wright's attention that the Colorado Department of Revenue regards Project Fees on retail sales as part of the sales price for purpose of the state sales tax. In other words, a $100 retail sale in the Village will have a PIC sales fee of $4 added to it, for a total of $104. The state (and county) sales tax will be levied against the $104, not against the $100. In other words, the state treats the PIC fee as part of the purchase price. That has raised the question whether the Town may do the same and levy the Town sales tax on the PIC fee. In effect, the Town would collect a tax of 4% of 4% or. 16%. It is my opinion that the Town may treat the PIC fee as part of the purchase price and impose a sales tax on the fee. Under the ordinance, the Town gives only a credit "equal to the amount of any retail sales fee paid." The credit does not extend to and include the fee itself. Under the Annexation Agreement, as amended, the Town agrees only to waive the "corresponding" retail sales tax and not any tax on the fee. I have reviewed this conclusion with Richard Scheurer, who was special counsel to the Town in connection with the negotiation of the Annexation Agreement and the amendment to it, and he concurs with my conclusion. From Scott Wright: It is my understanding that the State of Colorado will treat the sales fee as taxable. There is apparently an opinion from the State Attorney General regarding fees of this nature. The public improvement company is already planning to work with the big boxes in programming their point-of-sales cash registers to deal with this issue. Also, in my review of the sales tax code and the various definitions including "Price and purchase price" and "Purchase or sale" there are no exclusions for fees charged by a non-governmental entity, or for any other fees for that matter. Currently the Town treats other fees collected by merchants as a part of the purchase price paid. The Town's sales tax code specifically states that the tax is on "gross receipts of tangible personal property and services". I concur with both John Dunn and Richard Scheurer that the retail sales fee should be subject to the Town's 4% retail sales tax. Financial Implications: Based on staff's best guess of an estimated annual $70,000,000 in gross sales for the two big box stores, the Town's 4% retail sales tax on the sales fee collected would be $112,000. As additional merchants are located in the Village, this figure would increase by. 16% of each marginal $1.00 in sales. To ana l l 7,, ? er Comments: , 0 Page 2 Confidential Memo To: Honorable Mayor and Town Council From: Ruth Borne, Director of Community Development 1-2 Date: December 5, 2002 Re: Appointment of Planning & Zoning Member Summary: The Town Clerk received several applications and upon review determined that only six (6) applicants were qualified to apply. In response to Council's request, the Planning & Zoning Commission ("Commission") reviewed the applications in executive session at the regularly scheduled meeting held on Tuesday, December 3. The Commission unanimously recommended Ron Neville and `Buz' Didier received three votes. Town Manager Comments: t Attachments: / • Planning and Zoning Applications: Raymond "Buz" Didier Guy R. Erikson Jennifer (JJ) Mott Ron Neville Amy Phillips Tiffany Truitt ill 7Af velke-4-41,? Hello, My name is Raymond (Buz) Didier and I am a resident of Eaglebend Dr. in Avon. I would like to be considered for the open position on the Avon design and review board. I have a great concern for Avon, and it's future, and a great deal of life experience applicable to design review. I have in my background the following experience: 1) My college education was in engineering and design. 2) Our family business was golf course design and construction. 3) 10 years high rise construction in Chicago , Ill. 4) 18 years residential construction in this valley. 5) Real estate experience in Chicago and I am currently having my license here renewed. I am also involved in the issues our neighborhood has facing it including: 1) The Eaglebend cul-de-sac. 2) Our disagreement with the Eagle-Vail Metro District involving dual taxation. 3) A neighborhood landscape project. Thank you for your consideration and I'd be happy to provide more information or interview at any time. Buz Didier &Z A0,1 Z ((-12??i 11/9/2002 Patty McKenny Town of Avon P.O. Box 975 Avon, Co 81620 (970) 748-4000 Dear Ms. McKenny, I would like to be considered for the position of Planning & Zoning Commission Member. Over the last year I have spent a great deal of time reviewing and becoming familiar with the Town codes and processes. I have developed a new interest through my work for Edinburgh Corporation on Lot 6 `McGrady Acres" Annexation and Rezoning. I feel that my positive attitude and deep interest in the Town of Avon would allow me to add immediate contributions and results. I look forward to discussing this opportunity further with you. Sincerely, Guy R. Erickson (970) 376-5966 Patty McKenny From: Jacquie Halburnt Sent: Wednesday, November 13, 2002 11:27 AM To: Patty McKenny Subject: FW: Planning and Zoning Commission Member position -----Original Message---- From: Jennifer Mott [mailto:Bmott@yahoo.com] Sent: Wednesday, November 13, 2002 10:57 AM To: Info Subject: Planning and Zoning Commission Member position Patty McKenny: I am writing to introduce myself and to let you know that I am interested in the Planning and Zoning position advertised in the Tuesday, November 12th edition of the Vail Daily. My name is Jennifer (JJ) Mott and I moved to the Vail Valley 2 years ago. I've had experience in the Quad City area with planning and zoning. I am a licenced realtor in Iowa, Illinois and Colorado and have 20+ years experience. I would like to discuss this position with you. I can be reached at 970-748-9855. Best Regards, JJ Mott November 26, 2002 Patty McKenny Town of Avon Dear Mrs. McKenny, Attached please find my resume for the position currently available on the Planning and Zoning Commission for the Town of Avon. I would welcome the opportunity to learn more about this position and how my skills and talents might be of value to the Town of Avon. Over the last 9 years with Vail Resorts, Inc., I have been responsible for several growth areas of Vail/Beaver Creek Resort Properties. I have managed the transfer from construction to completion and operation of 12 high-end luxury home projects. During my four years in Arrowhead and Bachelor Gulch I have supervised an increase from 159 residences to 689 residences. Please feel free to contact me at your earliest convenience at the following numbers: Home 970-949-7940 Work 970-845-6709 Thank you in advance for your consideration. I look forward to hearing from you. Sincerely, Ron Neville Ronald A. Neville PO Box 1583 Avon, CO 81620 (970) 949-7940 Experience Vail Resorts, Inc. Aug. 1993-Present Vail, Colorado General Manager - Arrowhead Property Management (APM) March 1998-Present Bachelor Gulch Property Management (BGPM) Oversee all divisions of Property Management for Arrowhead Village and Bachelor Gulch Village (two of the three villages of Beaver Creek Resort) including: Development - Develop long term plan for BGPM from inception. Worked in conjunction with developers on 12 major construction projects. Financial - Prepare and direct budgets for APM and BGPM with gross revenues in excess of $3.2 million. Associations - Manage 29 Homeowner Associations (689 residences) to include: developing and preparing annual budgets and reserve schedules, oversee accounting functions including collection of dues, payments of bills, and monthly reconciliation of financial information, managing subcontractors for maintenance and capital improvements, correspond with Board Members, schedule and attend all meetings as directed by the Board. Residences Management - Manage over 120 Luxury homes on short-term rental basis ($2.2 Million in gross rentals) and homecare management. Sales and Marketing - Develop marketing plan and packet for APM and BGPM. Actively involved in sales and marketing for rental units including Yield Management. Property Manager - Vail/Beaver Creek Resort Properties Sept. 1996-March 1998 Manager of 39 Premier Luxury Condos on a short-term rental basis. Prepared and directed budgets of 3 financial centers with gross revenue over $1.4 million. Drove revenues to exceed budget while holding expenses below budget. Managed Front Desk, Housekeeping, Reservations, Accounting, Engineering & Guest Service Staff. Convention Coordinator - The Inn at Beaver Creek Aug. 1993-Sept. 1996 Initiate contact with high-end clientele, including Heads of State, and book all convention needs. Supervise bellcrew, breakfast servers, and bartenders. Oversee convention facilities, setup and in house group activities. Training, guest relations, and inventory control. Education University of Denver - Denver, Colorado Masters of Business Administration, August 1996 High Performance Management, Accounting, Finance, Statistics and Marketing Brigham Young University - Provo, Utah Bachelor of Science, August 1993 Emphasis: Economics Personal Completed Colorado Outward Bound Leadership Program Completed Situational Leadership II course Skilled at Win 95/98/NT, Office 2000, Excel, Word, ACT, RDP and LMS Certified, Advanced First Aid, CPR Married, excellent health. Enjoy reading, snow skiing, camping and kayaking References available upon request Thursday, November 21, 2002 Ms. Patty McKenny P.O. Box 975 Avon, CO 81620 Dear Ms. McKenny, This letter is to express my interest in filling the vacancy for the resident members of the Planning and Zoning Commission for the Town of Avon that was created when Ron Wolfe was elected to the Town Council. I have been an Eagle County Resident since 1986, renting in East Vail, Wildridge, Eagle-Vail and Vail prior to purchasing my home in Avon on Eaglebend Drive in 1992. 1 have paid close attention to the projects planned for the Town Center and I have attended and commented at several town meetings about this project. I am interested in representing the community at large with regards to further growth and development in Avon. I believe that my career in the special event and hospitality industry has given me a perspective on the importance of growth and development in Avon that represents many of the town's residents. I believe that my opinion would be perceived as that of most citizens as neither I nor my husband professionally benefit from most of the decisions this commission would comment on. I have not professionally utilized my education from Rensselaer Polytechnic Institute in the field of engineering. While at RPI I studied a wide range of engineering courses, they included standard courses in Structural Design, Strengths & Materials, and optional courses and projects on Building Design, Community Development and Architectural History. As a special event planner I have strong project management skills that include project time line development and implementation, studies of traffic flow and pedestrian right of way as well as visual design elements. Attached is my professional resume, which highlights my experiences, predominantly in Eagle County, were I have resided continuously since September of 1986. I appreciate your time and I look forward to hearing from you to discuss the next step. Regards, Amy C. Phillips 970-904-6070 970-949-0581 Amy C. Phillips P.O. Box 3868 - 4831 Eaglebend Dr. -r Avon, CO 81620 Home Phone 970-949-0581 Cell Phone 970-904-6070 SUMMARY I have been working in the Hospitality Industry for 20 years. I have a great sales and guest services background with very strong technical and training skills. My creative problem solving experience and self-motivation will be very valuable to potential clients employees and employers. WORK HISTORY 2001 - Present Director of Client Services, Destination Services of Colorado, Avon 970-476-6565 1999-2001 Account Manager, Destination Services of Colorado, Avon I am currently working in the Destination Management Field. My responsibilities include leading the Mountain Region & Denver Team to Plan, Develop & Oversee the implementation of incentive and sales programs for our corporate clients throughout the Rocky Mountain Region. I am the key company liaison with our local vendors and host hotels throughout the area. 1998-1999 Food & Beverage Director, Embassy Suites, Beaver Creek Lodge 970-845-9800 1997-1998 Catering & Conference Manager, Embassy Suites, Beaver Creek Lodge As Catering Manager I was responsible for all servicing aspects of our groups. As Food and Beverage Director I personally designed and oversaw the renovation of our restaurant as well as the transformation to a Steak & Seafood House. 1992-1996 Director of Conference Services, Westin Resort, Vail 970476-7111 1989-1992 Conference Services Manager, Westin Resort, Vail 1987-1989 Banquet Captain, Westin Resort, Vail The Westin Resort went through many changes during my period of tenure including a large expansion in 1989, a bankruptcy and subsequent sale during the early 1990's and a major renovation and increase in business and service levels in my last 3 years. As Conference Services Director I was responsible for hiring, training and managing a staff of 5, for determining group profitability and overseeing those aspects of our sales effort. I personally implemented the computerization of our sales and marketing department in addition to my many day-to-day responsibilities. I was responsible for capturing the maximum revenue in food and beverage sales and increasing the average group sleeping room rate through up selling and creative inventory management. I oversaw the management of all revenue for the banquet department with an annual budget of 2 million dollars. 1986-1987 Food & Beverage Director, Vail Athletic Club 970-476-0700 My responsibilities included hiring & training of all wait staff and front of the house management, overseeing and maximizing restaurant reservations and beverage inventory for this high volume 92 seat restaurant. I also managed the banquet service of this small luxury hotel. 1982-1985 Hyatt Regency Minneapolis 612-370-1234 1982-1985 Hyatt Regency Denver Tech Center I held a variety of positions including Accounting Clerk, Room Service Manager & Assistant Banquet Manager. I created the Hyatt Corporate Room Service Training Manual and the Hospitality Suite Food & Beverage Sales Program for the Hyatt Regency Minneapolis & I was on the opening management staff of the Hyatt Denver Tech Center. EDUCATION Southwest High School, Minneapolis, Minnesota 1978 Rensselaer Polytechnic Institute, Mechanical Engineering 1978 -1982 COMPUTER SKILLS MS Word, Word Perfect, Excel, Act!, Delphi, etc....... I have been working with computers throughout their development and have a strong knowledge of programming, application and hardware. Nov 20 02 06:32p Tiffany Truitt Tiffany Truitt Post Office Box 1741 2436 B Draw Spur Avon, CO 81620 tltvail@aol.com 970-748-1178 Patty McKenney PO Box 975 Avon, CO 81620 November 20, 2002 Dear Patty, 9707489777 This letter will serve as application, or indication of interest, for a position on the Planning and Zoning Commission. I served on the Snake River Water and Sewer Planning Commission in Summit County as well as Snake River Planning and Zoning Group. Both of these positions were about 7 years ago while I lived there. If there is other information required, please let me know. Thank you, ??ZwTiffany Truitt -?- 1 p.1 Sent via facsimile to 970-748-4078 Hard copy snail mailed Memo Date: December 5, 2002 To: Honorable Mayor and Town Council Thru: Larry Brooks, Acting Town Manager From: Ruth Borne, Director of Community Development Tambi Katieb, Planner II, Community Development Re: Second Reading of Ordinance 02-22 Adopting the updated Official Zone District Map VVBLIC HEARING Summary: Staff has prepared an updated Zoning Map for adoption by Town Council. Sections 17.16.030 and 17.28.100 of the Zoning Code require that if changes are made to the zoning of property, such changes shall be entered on the Zoning Map. This map update reflects all ordinances, resolutions, rezonings, and annexations that changed the zoning of property in the Town since 2001 as well as technical corrections that were identified since the last update. On November 19, 2002 the Planning and Zoning Commission unanimously approved Planning and Zoning Commission Resolution 02-13 recommending approval of the Official Zone District Map. On November 26, 2002, Town Council passed this ordinance on first reading. The draft map is displayed in the Council Chambers and in the Community Development Department. If you would like a copy please contact staff. Recommendation: Staff recommends the Town Council approve Ordinance 02-22 on second reading, approving the updated Zoning Map on first reading. Town Manager Comments: l) Atta - . A. Ordinance 02-22 B. Planning and Zoning Resolution 02-14 TOWN OF AVON, COLORAD ORDINANCE NO. 02-22 SERIES OF 2002 AN ORDINANCE ADOPTING THE UPDATED ZONING MAP BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Council hereby adopts the updated Zoning Map, as required by Sections 17.16.030 and 17.28. 100 of the Avon Municipal Code, attached hereto as Exhibit A of this ordinance. INTRODUCED, APPROVED ON FIRST REARING, AND ORDERED PUBLISHED IN FULL AND POSTED, this alnt'-` day of kjcla.. 0f- , 2002, 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 1Dt day ofCj?QuMq*jL , 2002, at 5:30 p.m. in the Municipal Building of the Town of Avon, Colorado. ATTEST: i P"-1 "D 1?q C' TOWN OF AVON, COLORADO: 1 1. Mayor INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this _ day of , 2002. TOWN OF AVON, COLORADO: ATTEST: Mayor Town Clerk TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-14 SERIES OF 2002 A RESOLUTION ADOPTING THE 2002 UPDATED ZONING MAP WHEREAS, Section 17.16.030 and 17.28. 100 require that any changes to the zoning of property by ordinance within the Town of Avon be entered on the Zoning Map; and WHEREAS, notice was properly posted for the zoning map update and the Planning and Zoning Commission reviewed the proposed map update at a regular Planning and Zoning Commission meeting, OW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission N herebY adopts the year 2002 updated Zoning Map for the Town of Avon as set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and further recommends that the Town Council of the Town of Avon adopt the updated Zoning Map as the official Zoning Map for the Town of Avon as set forth in 17.16.030 of the Municipal Code. ADOPTED THIS 19th DAY OF NOVEMBER, 2002 Signe& / Date: Chris Evans, Chair Attest.• '4d, Michael McClinton, Secretary Date: ?-0 AtIv "I FAPIanning & Zoning Commission\Reso1utions\2002\Res 02-14 Zoning Map update.doc 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 10TH DAY OF DECEMBER 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-22, SERIES OF 2002: Ordinance No. 02-22, Series of 2002 - An Ordinance Adopting the Updated Zoning Map 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. 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 6th day of December 2002. TOWN OF AVON, COLORADO BY: "Town?le?rk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON DECEMBER 6,2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY TOWN OF AVON, COLORAD ORDINANCE NO. 02-22 SERIES OF 2002 AN ORDINANCE ADOPTING THE UPDATED ZONING MAP BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Council hereby adopts the updated Zoning Map, as required by Sections 17.16.030 and 17.28.100 of the Avon Municipal Code, attached hereto-as-Exhibit A of this ordinance. INTRODUCED, APPROVED/,ON FIRST REA ING, ORDERED PUBLISHED IN FULL AND POST?D, this -- v-day of afa,Nlg 2002, and a public hearing on this ordinance shall a held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 1D day of t aCen,,tj , 2002, at 5:3 p.m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO: SEA1. Mayor ATTEST: '•. ? pV3 I? 'PIZ, "D INTRODUCED, APPROVED ON SECOND READING, AND ORDERED PUBLISHED AND POSTED this _ day of , 2002. TOWN OF AVON, COLORADO: ATTEST: Mayor Town Clerk MEMORANDUM To: Honorable Mayor and Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Chief of Police Date: December 4, 2002 Re: Bail Bond Condition Violations Summary: In some criminal cases, judges will order police officers releasing the alleged offenders to attach bail bond conditions. Typically, these conditions restrain certain conduct by the suspect immediately upon release, rather than waiting for the initial court appearance. This ordinance replaces the current municipal ordinance with the language of the state statute. The old ordinance will be repealed. These cases are rare. We have not written this charge within the last year. Discussion: While researching revenue-producing ideas within the police department, Judge Buck Allen suggested that we replace the old bond conditions ordinance with a clearer, more precise ordinance. The new ordinance criminalizes the pre-restraining order condition. With its companion "Restraining Order Violation" ordinance, this one allows us to capture every angle of restraining order violations. The previous language was not clear as to the criminal nature of the violation. These cases would currently be written into Eagle County Court. As municipal ordinance violations, penalties range from 0-180 days in jail and 0-$999 in fines. After conferring with Town Attorney John Dunn and Judge Allen, prosecutor Inga Causey wrote this ordinance. Financial Implications: It is anticipated that the court would spend approximately 20 minutes processing and adjudicating each charge and the town would collect $50 in fines and fees on each case. Recommendation: It is recommended that the council approve this ordinance. It will make it possible for violations to be written into municipal court. Alternatives: Like its companion "Restraining Order Violation", this ordinance is not required for the police to continue fulfilling its mission. An alternative is for us to use Eagle County Court. Proposed motion: "I move to approve Ordinance Number 02-23." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE NO. 02- 23 SERIES OF 2002 AN ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO BAIL BOND CONDITION VIOLATIONS; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Section 9.04.140 of Chapter 4, Title 9 of the Municipal Code of the Town of Avon is repealed and reenacted as follows: "9.04.140 Crime of Violation of Bail Bond Conditions. (a) It shall be unlawful for any person released on bail bond of whatever kind to knowingly fail to appear for trial or other proceedings in the case in which the bond was filed or to knowingly violate any condition of the bail bond. (b) Penalty: Any violation of this section shall be deemed a violation of this Code, punishable by a fine or imprisonment or both in accordance with the general penalty provisions of this Code." Section 2. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 10th day of December, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 14th day of January, 2003, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Mayor ATTEST: Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 14th day of January, 2003. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney MEMORANDUM To: Honorable Mayor and Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Chief of Police Date: December 4, 2002 Re: Drivers License Violations Summary: All driver's license violations are currently written into Eagle County Court. This ordinance provides the opportunity for officers to write them into municipal court. Revenue collected in these cases would then be deposited into the Town of Avon's General Fund rather than collected by the county. We anticipate the revenue for one year to be approximately $1500 and the time spent by the court at approximately seven hours. Discussion: While researching revenue-producing ideas within the police department, it was suggested that we create a new town ordinance allowing officers to write driver's license violations into municipal court. This would allow the town to collect any revenue generated by fines and fees, with a negligible amount of effort expended. Judge Buck Allen, prosecutor Inga Causey and Town Attorney John Dunn have all provided counsel in the development of this ordinance. Mr. Dunn wrote the ordinance. Over the last year, the police department has written 35 citations for this violation. All of them have been charged in Eagle County Court. We estimate the fines and fees for each violation to average $30 to $60. Financial Implications: The time police officers spend on these cases would not be impacted. It is anticipated that the court would spend approximately 10 minutes processing each charge. Although extremely unlikely, a court challenge would add a considerable amount of time to this figure. The town would collect fines and fees of approximately $30 to $60 on each charge. Recommendation: It is recommended that the council approve this ordinance. It will make it possible for driver's license violations to be written into municipal court and will provide a positive, albeit small, revenue stream. Alternatives: Like the other ordinances in this series, this one is not imperative. The alternative is to continue as we are doing now, with all driver's license violations written into county court. Proposed motion: "I move to approve Ordinance Number 02-24." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE NO. 02- 24 SERIES OF 2002 AN ORDINANCE AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO DRIVER LICENSES; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. Title 10 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 10.32 providing as follows: "_Chapter 10.32 DRIVER LICENSES 10.32.010. Driving without valid license No person shall drive any motor vehicle unless such person has been issued a currently valid driver, minor driver or provisional driver license, or an instruction permit, unless such person is classified as being exempt from obtaining a license pursuant to Section 42-2-102, C.R.S. 10.32.020 Resident more than 30 days. No person shall drive any motor vehicle without a valid Colorado driver license or instruction permit after 30 days of becoming a resident of the State. 10.32.030. License expire one year or less. No person shall drive any motor vehicle if such person's driver license has been expired for one year or less and such person has not been issued another such license by the State or another state or country subsequent to such expiration. 10.32.040. Proper class driver license required. No person who has been issued a currently valid driver license or instruction permit shall drive a type or general class of motor vehicle for which such person has not been issued the correct type or general class of license or permit. 10.32.050. Valid license on person required. No person who has been issued a currently valid driver license or instruction permit shall operate a motor vehicle without having such license or permit in such person's immediate possession. 10.32.060 Motorized bicycles. An operator of a motorized bicycle shall possess a valid driver's license. Motorized bicycles may be operated in bicycle lanes included within roadways. No motorized bicycles may be operated on any sidewalk, pathway or upn any public lands unless such operation is specifically designated. 10.32.070. Special restrictions. (a) No person under the age of eighteen years shall drive any motor vehicle used to transport explosives or inflammable material or as a school bus for the transportation of pupils to or from school; nor shall any person under the age of eighteen years drive a motor vehicle used as a commercial, private or common carrier of persons or property unless such person has experience in operating motor vehicles and has been examined on such person's qualifications in operating such vehicles. The examination shall include safety regulations of commodity hauling and the driver shall be licensed as a driver or provisional driver. (b) Notwithstanding the provsions of subsection (a) above, no person under the age of 21 years shall drive a commercial motor vehicle as defined in Section 42-2-402(4), C.R.S., except as provided in Section 42-2-404(4), C.R.S. 10.32.080. Refusal to give license on demand. No person who operates a motor vehicle and has been issued a driver license or instruction permit or State identification card and who has the same in his immediate possession shall refuse to remove it from any billfold, purse, cover or other container and to hand it to any peace officer who has requested the person to do so if such peace officer reasonably suspects that such person is committing, has committed or was about to commit an offense. 10.32.090. License restrictions. No person shall operate a motor vehicle in any manner which violates restrictions, limitations or conditions imposed in a driver license or instruction permit issued to the person by the State or another state or country. 10.32.010. Notification of change of name or address. It is a violation of this Chapter to fail to notify the Colorado Department of Revenue of any change in name or address within ten days of such change. 10.32.011. Altered or fictitious license. (a) No person shall have in his possession a lawfully issued driver license, instruction permit or identification card that has been altered by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter or any other means so that the same as altered falsely appears or purports to be an authentic and lawfully issued license, permit or identification card. (b) No person shall have in his possession a paper, document or other instrument which falsely appears or purports to be a lawfully issued and authentic driver license, instruction permit or identification card, knowing that the same was falsely made and was not lawfully issued. (c) No person shall knowingly display or represent as being such person's own any driver license, instruction permit or identification card which was issued to another person. (d) No person shall knowingly permit any unlawful use of a driver license, instruction permit or identification card. 10.32.012. Permitting unlicensed person to drive. (a) No person shall knowingly permit any child under the age of eighteen to drive a motor vehicle when such child has not been issued a currently valid driver license or instruction permit or knowingly permit a child under the age of eighteen to drive a motor vehicle in a manner violating any conditions, limitations or restrictions contained in a license or permit issued to such child. (b) No person shall knowingly authorize or permit a motor vehicle owned by such person or under such person's control to be driven by any person who has not been issued a currently valid driver license or instruction permit or knowingly permit such person to drive a motor vehicle in a manner violating any conditions, limitations or restrictions contained in the same." Section 2. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. The municipal court is authorized to establish a schedule of fines to be imposed for violations of this Ordinance. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 10th day of December, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 14th day of January, 2003, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Mayor ATTEST: Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 14th day of January, 2003. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney MEMORANDUM To: Honorable Mayor and Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Chief of Police Date: November 29, 2002 Re: Violation of Restraining Order Summary: In cases of domestic violence and assault, judges typically issue a "Temporary Restraining Order" upon the suspect's first appearance in court. This order restrains certain conduct by the suspect. This ordinance makes it more likely that these violations will be written into Avon Municipal Court instead of Eagle County Court. Revenue collected in these cases would then be deposited into the Town of Avon's General Fund rather than collected by the county. We anticipate the revenue for one year to be approximately $2000 and the time spent by the court at approximately eight hours. Discussion: While researching revenue-producing ideas within the police department, we discovered the current, seldom (if ever) used 9.16.120, Violation of Restraining Orders Prohibited. The new ordinance would enhance the old one by better defining terms, providing for penalties and making it easier to write and prove in municipal court. These cases are currently written into Eagle County Court. Given the high turnover of Deputy District Attorneys and the heavy workload, these cases are among the first to reach lightweight plea agreements. We feel as though the municipal court will treat these cases with the respect they deserve. During the first 10 '/Z months of 2002, the police department has made 13 arrests for this violation. All of them have been charged in Eagle County Court. Judge Buck Allen, prosecutor Inga Causey and Town Attorney John Dunn have all provided counsel on this ordinance. Ms. Causey wrote the new ordinance. Financial Implications: The time police officers spend on these cases would not be impacted. When these suspects are arrested, they are transported to the county jail. This would not change. Court personnel would spend time in the administrative processing of these charges. It is anticipated that the court would spend approximately 30 minutes processing and adjudicating each charge and the town would collect $160 in fines and fees on each case. Recommendation: It is recommended that the council approve this ordinance. It will make it possible for violations to be written into municipal court and will provide a positive, albeit small, revenue stream. It is likely that we will accomplish a more effective prosecution, as well. Alternatives: This ordinance is clearly not of earth-shaking importance. Justice will continue to be served in the Eagle County Court should the council choose not to pass this ordinance. Proposed motion: "I move to approve Ordinance Number 02-25." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE NO. 02- 25 SERIES OF 2002 AN ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO RESTRAINING ORDER VIOLATIONS; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. Title 9 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 9.31 providing as follows: "Chapter 9.31 VIOLATION OF RESTRAINING ORDER 9.31. Definitions. As used in this Chapter, unless the context otherwise requires; (1) Protected person means the person or persons identified in the restraining order as the person or persons for whose benefit the restraining order was issued. (2) Restrained person means the person identified in the order as the person prohibited from doing the specified act or acts. (3) Restraining order means any order which prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening or touching any person, or from entering or remaining on premises or from coming within a specified distance of a protected person or premises which is issued by a court of this State or the Municipal Court, and which is issued pursuant to C.R.S., Sections 14-4-101 to 14-4-105 C.R.S., Section 14-10-107 C.R.S., Section 14-10-108, C.R.S., Section 18-1-1001, Section 19-3-316, C.R.S., Section 19-4- 111, C.R.S. or Rule 365 of the Colorado Rules of County Court Civil Procedure, and orders issued as part of the proceedings concerning criminal municipal ordinance violation or any other order of a court which prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening or touching any person or from entering or remaining on premises or from coming within a specified distance of a protected person or premises. (4) Subsequent order means an order which amends, modifies, supplements or supersedes a restraining order. 9.31. Crime of violation of a restraining order; penalty; peace officers' duties (a) A person commits the crime of violation of a restraining order if such person com- mits an act which is prohibited by any court pursuant to a valid order issued pursuant to Sections 14-4-101 to 14-4-104, C.R.S., Section 18-1-1001, Rule 365 of the Colorado Rules of County Court Civil Procedure or an order issued by any district court, as provided for in Section 14-10- 108, C.R.S. which restrains and enjoins any person from threatening, beating, striking or assaulting any other person or requires a person to leave certain premises and refrain from entering or remaining on such premises, or a municipal ordinance which provides for an order to issue which restrains any person from threatening, molesting or injuring any person or entering or remaining on the premises, or any protective order issue pursuant to Title 19, C.R.S., or if such person fails to perform any act mandated by any such order, after such person has been personally served with any such order or otherwise has acquired from the court actual knowledge of the contents of any such order. (b) A peace officer shall arrest, or, circumstances, seek a warrant for the arrest of, information amounting to probable cause that: if an arrest would be impractical under the a restrained person when the peace officer has (1) The restrained person has violated or attempted to violate any provision of a restraining order; and (2) The restrained person has been properly served with a copy of the restraining order or the restrained person had received actual notice of the existence and substance of such order. (c) Any sentence imposed for violation of this Section shall run consecutively and not concurrently with any sentence imposed for any crime which gave rise to the issuing of the restraining order. (d) Nothing in this Section shall be construed to alter or diminish the inherent authority of the Court to enforce its orders through civil or criminal contempt proceedings. (e) No person charged with violation of a restraining order pursuant to this section shall be permitted, in the criminal action resulting from such charge, to collaterally attack the validity of the order which such person is accused of violating. (f) A peace officer arresting a person for violating a restraining order or otherwise enforcing a restraining order shall not he held criminally or civilly liable for such arrest or enforcement unless the peace officer acts in bad faith and with malice or does not act in compli- ance with rules adopted by the Colorado Supreme Court. Section 2. Section 9.16.120 of Chapter 16, Title 9 of the Municipal Code of the Town of Avon is repealed. Section 3. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 10th day of December, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 14th day of January, 2003, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Mayor ATTEST: Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 14th day of January, 2003. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney MEMORANDUM To: Honorable Mayor and Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Chief of Police Date: December 4, 2002 Re: Vehicle Registration Violations Summary: Vehicle registration violations are currently written into Eagle County Court. This ordinance provides for them to be handled in municipal court. Revenue collected in these cases would then be deposited into the Town of Avon's General Fund rather than collected by the county. We anticipate the revenue for one year to be less than $1000 and the time spent by the court at approximately two hours. These violations include failure to have the registration card in the vehicle, failure to have number plates attached to the vehicle, expiration of the number plates and other related offenses. Discussion: While researching revenue-producing ideas within the police department, it was suggested that we create a new town ordinance allowing officers to write vehicle registration driver's license violations into municipal court. The town would collect revenue generated by fines and fees, with little effort expended. Judge Buck Allen, prosecutor Inga Causey and Town Attorney John Dunn have all provided counsel in the development of this ordinance. Mr. Dunn wrote the ordinance. Over the last year, the police department has written 15 citations for this violation. All of them have been charged in Eagle County Court. We estimate the fines and fees for each violation to average $30 to $60. Financial Implications: The time police officers spend on these cases would not be impacted. It is anticipated that the court would spend approximately 10 minutes processing each charge. Although extremely unlikely, a court challenge would add a considerable amount of time to this figure. The town would collect fines and fees of approximately $30 to $60 on each charge. Recommendation: It is recommended that the council approve this ordinance. It will make it possible for vehicle registration violations to be written into municipal court and, like its companion ordinances on driver's license violations, will provide a small revenue stream. Alternatives: The alternative is to continue as we are doing now, with all of these violations written into county court. Proposed motion: "I move to approve ordinance Number 02-26." Town Manager Comments: TOWN OF AVON, COLORADO ORDINANCE NO. 02-26 SERIES OF 2002 AN ORDINANCE AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO VEHICLE REGISTRATION; AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Title 10 of the Municipal Code of the Town of Avon is amended by the addition of a Chapter 10.28 providing as follows: "Chapter 10.28 VEHICLE REGISTRATION 10.28.010. Registration required. (a) It is an offense for any person who owns a motor vehicle, trailer, semitrailer or vehicle which is primarily designed to be operated or drawn upon any highway, or who owns a trailer coach or mobile machinery whether or not it is operated on a highway within forty-five (45) days after the purchase of such vehicle to fail to apply and obtain registration therefor, except when an owner is permitted to operate a vehicle tinder the special provisions of Section 42-3-103 C.R.S. (b) It is an offense for any owner, operator or occupant of a vehicle which is or has been duly registered for the current year in another state or country of which such owner, operator or occupant has been a resident, to become a resident of this State and to fail to immediately apply for and obtain registration for such vehicle this State. 10.28.020 Registration card in vehicle. It is an offense for any person driving a motor vehicle to fail to have in his possession or carry in the vehicle a current registration card issued for the vehicle, available for inspection by any peace officer. 10.28.030. No number plates attached. (a) It is an offense for any person in control of a self-propelled motor vehicle to fail to attach to such motor vehicle number plates during the current registration year, one in the front and the other in the rear. The number plate assigned to a motorcycle, trailer or semitrailer or any other vehicle drawn by a motor vehicle or any item of mobile machinery or self propelled construction equipment shall be attached to the rear thereof. (b) It is an offense for any person in control of any vehicle described in this Subsection to fail to securely fasten each number plate to the vehicle to which it is assigned so as to prevent the plate from swinging and so that it is horizontal at a height not less than twelve (12) inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, free from foreign materials and in a clearly legible condition. (c) It is an offense for any person in control of any vehicle described in this Subsection to knowingly display or affix to such vehicle any number plates or temporary registration permit that is not issued by the State for the specific vehicle to which the number plate or temporary registration permit is attached, except as provided for in Section 42-3-103 C.R.S. (d) It is an offense for any person: 1) To knowingly display, cause or permit to be displayed or to have in his possession any certificate of title registration number plate, knowing the same to be fictitious or to have been cancelled, revoked, suspended or altered; (2) To lend to or knowingly permit the use by one not entitled thereto any certificate of title registration card or registration number plate issued to the person so lending or permitting the use thereof; 3) To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application; (4) To use or permit the use of any noncommercial or recreational vehicle to transport cargo or passengers for profit or hire or in any business or commercial enterprise. 10.28.040. Expired number plates/ temporary permit. It is an offense for any person who owns, operates or is in control of any motor vehicle to fail to display license plates or a temporary registration permit other than those of the registration period to which they pertain." Section 2. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of a violation of any of the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year or by both such fine and imprisonment. The municipal court is authorized to establish a schedule of fines to be imposed for violations of this Ordinance. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 10th day of December, 2002, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 14th day of January, 2003, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Mayor ATTEST: Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of 52003. Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney TOWN OF AVON, COLORADO RESOLUTION 02-56 SERIES OF 2002 A RESOLUTION REAPPOINTING C.G. ALLEN, III MUNICIPAL JUDGE WHEREAS, C.G. ("Buck") Allen, III was heretofore appointed Municipal Judge of the Town of Avon; and WHEREAS, the aforesaid C.G. Allen, III has served as judge to the satisfaction of the Town Council and it is the desire of the Council that he be reappointed. NOW, THEREFORE, BE IT RESOLVED that C.G. ("Buck") Allen, III is hereby reappointed to serve as Municipal Judge of the Town of Avon for a term expiring on the date of the organizational meeting of the Town Council after the general election to be held in 2004. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 10"' day of December, 2002. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk Memo To: Honorable Mayor and Town Council /l From: Ruth Borne, Director of Community Development Date: December 5, 2002 Re: Resolution 02-58 Ratifying Art in Public Places Summary: The recent installation of statues (busts) on the northwest corner of Roundabout 3 has caused the Town to reconsider the approval process concerning art in public places. At their December 3, 2002 meeting, the Planning and Zoning Commission approved Resolution 02-15 ratifying existing public art locations on Town property and setting forth a process for future public art approval. The attached map (Exhibit A) identifies all existing public art locations as approved by the Planning and Zoning Commission. The Commission added a statement to the original resolution that does not specifically endorse the type of art installation recently placed on the northwest corner of Roundabout 3, so as to avoid another similar installation in the future. Additionally, Commission members sent a strong statement of appreciation forward to the Avon Arts Council for their continued involvement with public art in the Town. Recommendation: Staff recommends Town Council approve Resolution 02-58, ratifying existing public art locations, as well as outlining future design review procedures concerning all new installations. Town Manager Co ments: A men s: • Planning and Zoning Resolution 02-15 • Council Resolution 02-58 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 02-15 SERIES OF 2002 A RESOLUTION RATIFYING EXISTING PUBLIC ART LOCATIONS (INCLUDING STATUARY) WITHIN THE TOWN OF AVON AND SETTING FORTH REVIEW AND DESIGN CONSIDERATIONS FOR ALL FUTURE ART INSTALLATIONS WHEREAS, there is consensus between Town Council and the Planning and Zoning Commission that public art (including statuary) in Avon is desired and beneficial to the Town and requires review and collaboration between the Town and the Avon Arts Council; and WHEREAS, existing public art locations should be formally acknowledged by the Town as appropriate locations; and WHEREAS, potential future public art locations shall be formally acknowledged by the Town as appropriate locations; and WHEREAS, approval of the existing busts placed on the northwest corner of Roundabout 3 does not endorse the future addition of this type of art installation in a public place; and WHEREAS, the Town should authorize the Avon Arts Council to rotate artwork as it deems appropriate and notify the Town of its intent to do so prior to installation, while allowing the Planning and Zoning Commission to review and approve how the public art (including statuary) is installed, which includes the appearance of pedestals, landscaping and lighting; F:\Planning & Zoning Commission\Resolutions\2002\Res 02-15 Art in Public Places.doc NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council that the areas noted on photos labeled "Exhibit A", attached hereto and incorporated herein by this reference, are recognized and ratified as Areas of Public Art (including statuary) that shall be so permitted to continue to maintain and rotate public art as complies with the terms outlined in this resolution. ADOPTED THIS 3rd DAY OF DECEMBER, 2002 Signe Date: (2 3 /b - z-Chris Evans, Chair Attest: 1 w Date: D3 Michael McClinton, Secretary FA'lanning & Zoning Commission\Resolutions\2002\Res 02-15 Art in Public Places.doc TOWN OF AVON RESOLUTION NO. 02-58 SERIES OF 2002 A RESOLUTION RATIFYING EXISTING PUBLIC ART LOCATIONS (INCLUDING STATUARY) WITHIN THE TOWN OF AVON AND SETTING FORTH REVIEW AND DESIGN CONSIDERATIONS FOR ALL FUTURE ART INSTALLATIONS WHEREAS, there is consensus between Town Council and the Planning and Zoning Commission that public art (including statuary) in Avon is desired and beneficial to the Town and requires review and collaboration between the Town and the Avon Arts Council; and WHEREAS, existing public art locations should be formally acknowledged by the Town as appropriate locations and designated as noted on the map labeled "Exhibit A"; and WHEREAS, potential future public art locations shall be formally reviewed and designated by the Town; and WHEREAS, the Town should authorize the Avon Arts Council to rotate artwork as it deems appropriate and notify the Town of its intent to do so prior to installation, while allowing the Planning and Zoning Commission to review and approve how the public art (including statuary) is installed, which includes the appearance of pedestals, landscaping and lighting; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that locations noted on the map labeled "Exhibit A", attached hereto and incorporated herein by this reference, are recognized and ratified as Areas of Public Art (including statuary) that shall be so permitted to continue to maintain and rotate public art as complies with the terms outlined in this resolution. ADOPTED THIS DAY OF , 2002. ATTEST: Town Clerk TOWN COUNCIL TOWN OF AVON, COLORADO Mayor F:\Council\Resolutions\2002\Res 02-007 Art in Public Places.doc f ' l !; Y 1.4 i TOWN OF AVON, COLORADO RESOLUTION NO. 02-59 SERIES OF 2002 A RESOLUTION CANCELING A REGULAR TOWN COUNCIL MEETING WHEREAS, the second and fourth Tuesdays in each month are set aside for the regular meetings of the Town Council of the Town of Avon; and WHEREAS, the fourth Tuesday in December, 2002, is within the Holiday week. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado, that: The regular meeting of the Town Council scheduled for Tuesday, December 24, 2002 is hereby vacated and canceled. ADTOPTED this 10th day of December, 2002. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk TOWN OF AVON, COLORADO RESOLUTION 02-55 SERIES OF 2002 A RESOLUTION APPOINTING LARRY BROOKS TOWN MANAGER WHEREAS, the Town Council reposes special trust and confidence in Larry Brooks: NOW, THEREFORE, BE IT RESOLVED: 1. Larry Brooks is appointed as Town Manager of the Town of Avon for an indefinite term, pursuant to Section 8.1 of the Town Charter of the Town of Avon. 2. The aforesaid Larry Brooks is charged with the powers and duties contained in Section 8.3 of the Town Charter of the Town of Avon ADOPTED at a regular meeting of the Town Council of the Town of Avon the l Ot" day of December, 2002. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Directorgt"' Date: December 5, 2002 Re: Acceptance of Donation of Computer Summary: The attached resolution formally accepts a donation from the National Center for Missing & Exploited Children for computer hardware, software, and support services to be used in the LOCATER (Lost Child Alert Technology Resource) project for investigating incidents of missing or abducted children. Discussion: Bob Gallen from the Police Department applied for and was approved for this grant. If accepted, the computer equipment will be received within 60 to 90 days. Financial Implications: There are no direct financial implications other than the recording of the fair value of the equipment received for financial reporting purposes. Recommendation: Staff recommends the acceptance of this donation. Alternatives: Council may decide to not accept the donation with no consequences. Proposed Motion: This resolution is included in the consent agenda and may be adopted along with any other consent items at that time. Town Manager Comments: if If ?.J Q Attachments: A -Resolution No. 02-57 B - LOCATER Application Form and Award Page 1 TOWN OF AVON, COLORADO RESOLUTION NO. 02-57 SERIES OF 2002 A RESOLUTION APPROVING THE DONATION OF COMPUTER AND COMPUTER EQUIPMENT TO THE AVON POLICE DEPARTMENT WHEREAS, the Avon Police Department has submitted an application to the National Center for Missing and Exploited Children for the LOCATER System - A desktop computer, color scanner, color printer, and desk for the purpose of enabling the department to make color posters of missing children; and WHEREAS, the United States Department of Justice, through a grant given to the National Center for Missing and Exploited Children, has made the LOCATER System free to police departments; and WHEREAS, a resolution by the Town of Avon formally accepting this free computer system and accessories with a fair market value of $1,800.00 for the Avon Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the Town of Avon hereby approves the application for the free LOCATER system and accepts the computer and related equipment on behalf of the Avon Police Department. ADOPTED this 10th day of December, 2002. TOWN OF AVON, COLORADO Albert J. Reynolds, Jr., Mayor ATTEST: Patty McKenny Town Clerk LOCATE mApplication Form Funds from a Congressional grant enable The National Center for Missing & Exploited Children (NCMEC) to offer computer hardware, software, and support at no cost to Law-Enforcement Agencies (LEAs) whose responsibilities include investigating incidents of missing or abducted children. This project is called LOCA TER, Lost Child Alert Technology Resource. To apply for a LOCA TER system, please provide NCMEC with all of the information below. If you have any questions, please call the LOCATER information line at 1-877-446-2632 ext. 6389. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Agency Name Avon Police Department Type of agenc unici al PD State Police, Federal, Sheriff's Office, Other) Mailing Address POB 975 Avon, CO 81620 Agency Head (COP/Sheriff/CEO) Title/Name Chief Jeff Layman TelephoneNumber(970) 748-4040 E-mail Address ilayman@avon.org : ,•t:{ ::;,;,;; :,{,.:;r;,, .,.-nsi:i,ci Fax number (970) 845-7098 Who in your agency should NCMEC contact for this project? Title/Name Sgt. Robert J. Gallen Telephone Number (970 748-4040 E-mail Address bgallen@avon.org t .. e. 1 311 C.. ! L {tip (71SIE li ) Who in your agency would you like NCMEC to coordinate Technical issues with? Title/Name Sgt. Robert J. Gallen Telephone Number (970) 748-4040 E-mail Address bgallen@avon.org UTIV:t,i.3i ;,t.,li • is c„<_, { !? .,.1 Please provide us with information about Your ageney Which agency has primary responsibility for investigating cases of missing or abducted children within your jurisdiction? Avon Police Department For the protection of the System, NCMEC will provide a computer desk to those agencies with adequate space but lacking proper furniture. Would you like to receive a desk? yes Please use the space below to provide any additional information to NCMEC regarding your LOCA TER application. Page] of 3 LOCATERTMApplication Form NCMEC agrees to the following: 1. Provide your agency with computer hardware, software, and support services listed in attachment A, free of charge. NCMEC will transfer title to your agency upon acceptance and installation. 2. Provide written documentation to setup and operate the LOCATER system. On-site training is not available. 3. Provide ongoing technical assistance on the use of the system. NCMEC may make use of an outside vendor to provide such technical assistance. 4. Provide software upgrades free of charge. Your agency agrees to the following: 1. Comply with all reasonable requests from other law-enforcement agencies, as well as NCMEC, to aid in the search and recovery of missing children. (i.e. assisting non-participating agencies create or distribute missing child posters) 2. Your agency is responsible for supplying all expendable items (office supplies) such as diskettes, printer paper and ink cartridges. 3. LOCATER requires an Internet connection to send or receive posters to other agencies. This can be via a dial-up connection, or through an existing network. If your agency chooses a dial-up connection, your agency must provide a dedicated analog telephone line at your expense. 4. If your agency elects to use LOCA TER to send posters to facsimile machines through the optional broadcast fax service arranged by NCMEC (Xpedite Corporation), your agency will be responsible for the cost of sending facsimiles, currently 25 cents per poster. 5. NCMEC cannot support self-installed hardware or software. I agree to the above terms and wish to order a free LOCA TER system to aid in the recovery of missing and abducted children. Gsc_? Date /a/ZS! 6z Signature of Akkl'?'cy Head (Chief, Sheriff, CEO) AVL, kY Pb c I L< 0 V_VAA:Tl-5. +Yt- Agency Pease note Please mail or fax your completed Application to: new fax number 703 549-2250 Charlie Apps Fax 703-274- 2151 NCMEC For additional information, 699 Prince Street Please call 1-877-446-2632 ext. 6389 Alexandria, VA 22314 Page 2 of 3 Attachment A January, 2002 Below is a list of the computer hardware, software, and support services currently being offered with the LOCATER Program. NCMEC may substitute equivalent items where necessary. Hardware Specifications Base Unit Processor Memory Monitor Hard Drive Floppy Drive Mouse NIC Modem CD-ROM Sound Card Speakers Scanner Printer Surge Suppressor Computer Desk Dell OptiPlex GX240 Small Frame Business Computer Intel Pentium 4, 1.5GHz 256 MB, 13311z SDRAM Dell 17" monitor (16.0 "viewable size) 20 GB EIDE 3.5, 1.44 MB Microsoft PS/2 Intellimouse Integrated 10/100 V.90/56K PCI Faxmodem, 24X Integrated Sound Blaster, compatible with AC97 Audio 2 external HP SJ 53000xi flatbed HP DJ 940C APC (If needed) Software Specifications Operating System E-mail application Business Software Anti-Virus Restoration CD Support Services Microsoft® Windows® 2000 Microsofto Outlook Express MS Officeo Small Business edition Norton® 2000 Maintenance 3-year parts and labor warranty with next business-day, on-site support 3 years around-the-clock telephone support on all Dell brand equipment. Software 3-year manufacturer's support Internet Service 3-year unlimited monthly service (If needed) On-site installation and setup Page 3 of 3 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: December 5, 2002 Re: Auditors' Engagement Letter Summary: Attached is a three-year engagement letter from Clifton Gunderson LLP for the audit of the Town's financial statements. An engagement letter is a requirement of generally accepted auditing standards for an independent auditor. The Town's existing engagement letter expired with the 2001 audit. Discussion: The engagement letter sets out the scope and timing of the audit services, indicates that the audit will be performed in accordance with generally accepted auditing standards, identifies the normal responsibilities of the auditor and of Town management, and sets out the standard fees for the engagement. Financial Implications: The not-to-exceed audit fee of $21,500 for the 2002 audit is within the Town's budget. Subsequent years' audit fees have been adjusted slightly for the implementation of GASB 34 and the additional audit work required. In addition, the Town may be required to have a Single Audit performed depending upon the level of federal grants the Town receives. Town Manager Comments: r Attachments: Engagement Letter from Clifton Gunderson LLP, Certified Public Accountants Page 1 Gunderson LLP Certified Public Accountants & Consultants December 4, 2002 Avon Town Council Members Town of Avon Attn: Scott Wright, Finance Director P.O. Box 975 Avon, Colorado 81620 Dear Council Members: We are pleased to serve you as your independent accountants. The purpose of this letter is to confirm the terms of our agreement. This letter also clarifies the nature and extent of the auditing and accounting services to be provided. Our services will include: Auditing services. We will audit the general purpose financial statements as of and for the years ended December 31, 2002, 2003 and 2004. Our audit will be performed in accordance with auditing standards generally accepted in the United States of America. The audit will include tests of your accounting records and other procedures we consider necessary to enable us to express our opinion on these financial statements. Accounting services. We also will provide you with the following nonaudit services: • Assist you with preparation of your financial statements. We are not responsible for the preparation of any report to any governmental agency, or any other form, return, or report, or for providing advice not specifically recited in this letter. This letter constitutes the entire agreement regarding services to be provided to you and supersedes all prior agreements, understandings, negotiations, and discussions between us, whether oral or written. This agreement may be supplemented by other written agreements. The purpose and objective of our audit is to lead to the expression of an unqualified opinion with respect to the financial statements. You understand that circumstances may exist or may arise that would preclude submitting such an opinion. We will inform you if we discover circumstances that will have an effect on our opinion. If our opinion will be other than unqualified, the reasons will be fully disclosed. If, for any reason, we are unable to complete the audit or are unable to form an opinion, we may decline to issue a report and terminate our engagement. 6399 South Fiddler's Green Circle, Suite 100 Gree4A/00d Village, Colorado 80111 tel: 303.779.5710 fax: 303.779.0348 www.cliftonCpa.com '',Aces in 13 states and Washington, DC 1 International Page 2 Town of Avon December 4, 2002 Our audit is designed to provide reasonable, but not absolute, assurance of detecting misstatements, whether caused by error or fraud, that, in our judgment, could have a material effect on the financial statements as a whole. It is not designed to detect error or fraud that is immaterial to the financial statements. Our audit will be based upon tests and samples, since detailed auditing of all transactions is not practicable. The concept of selective testing of data is generally accepted as a valid and sufficient basis for an auditor to express an opinion on financial statements. Selective testing involves judgement both as to the number of transactions we examine and the areas to be tested. Because we will not perform a detailed examination of all transactions, there is an inherent risk that we will not detect material errors, fraud, or other illegal acts, if they exist. There is also an inherent risk that violations of compliance requirements and other responsibilities imposed by state and federal statutes and regulations or assumed by contracts, if they exist, will not be detected. Management has the responsibility for identifying and ensuring that the entity complies with the laws and regulations applicable to its activities. Management also has the responsibility for establishing and maintaining a sound system of internal control, which is the best means of preventing or detecting errors, fraudulent financial reporting, misappropriation of assets and other violations. While an audit includes obtaining an understanding of internal control sufficient to plan the audit and to determine the nature, timing and extent of audit procedures to be performed, it is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform you of any reportable conditions that come to our attention. Your personnel will provide us with the necessary detailed trial balances and supporting schedules, a list of which will be provided. We expect that your office personnel will help us by locating and submitting to us invoices, vouchers, canceled checks and other documents and records that we request. We wish to emphasize that management has the responsibility for the proper recording of transactions, for the safeguarding of assets, for compliance with all applicable laws and regulations and for the substantial accuracy of the financial statements. Management is responsible for adjusting the financial statements to correct material misstatements and for affirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Management's responsibility includes establishing and maintaining internal control and retaining, supervising and training qualified personnel in areas affecting financial matters. Management is also responsible for making all financial records and related information available to us. Although our firm may prepare or help in preparing your financial statements, the statements are the representations of management. As part of this responsibility, you agree to provide us, before the delivery date of the financial statements, with written confirmation of the representations made to us by you and your staff during the course of our engagement. Page 3 Town of Avon December 4, 2002 We must approve the masters or printer's proofs of the financial statements we have audited before they are reproduced or published for distribution if our firm's name is to be connected with the statements or report in any way. With regard to electronic filings, such as in connection with the SEC Electronic Data Gathering Analysis and Retrieval (EDGAR) system or the World Wide Web area of the Internet, you understand that electronic sites are a means of distributing information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. The charges for our work are to be based upon the time involved, degree of responsibility assumed and skills required, plus direct expenses. Bills for services are due when submitted. Interim bills may be submitted at periodic dates to cover charges and expenses incurred. If a bill for services is not paid when due, we reserve the right to cease work and withdraw from the engagement. In the event that any collection action is required to collect unpaid balances due us, reasonable attorney fees and expenses shall be recoverable. It is hereby agreed that our fees will not exceed the following: Year Ending December 31, Financial Audit Fee 2002 $ 21,500 2003 $ 23,000 2004 $ 24,500 It is our understanding that your accounting records will be substantially completed through December 31 of each year. We do not anticipate that we will encounter any substantial amount of accounting work to be completed or adjusted by us, or any defalcation or other significant problem or contingency. We will, of course, advise you before undertaking any work that would require an increase in the fee arrangement. In the event we are required to perform a Single Audit, the fee for this additional work will be based on our standard hourly rates and should range between $2,000 and $3,000 per year. Requested consultation and required calculations regarding the implementation of Governmental Standards Board Statement 34 Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments and the constitutional amendment known as TABOR will be performed at our standard hourly rates. We will do our uppermost to provide quality service to you. We do not anticipate any difficulties in meeting the expectations recited in this letter. However, in the unlikely event that there are any disagreements regarding our services, any claims against Clifton Gunderson LLP as a result of this engagement must be brought within one year from the date our report is delivered or our work is completed. Page 4 Town of Avon December 4, 2002 You hereby agree that Town of Avon will indemnify Clifton Gunderson LLP and its partners, principals and employees and hold them harmless from any claims, liabilities, losses and costs arising in circumstances where there has been a knowing misrepresentation by a member of the management of Town of Avon, regardless of whether such person was acting in the best interests of Town of Avon. For your reference, our December 19, 2001 peer review report accompanies this letter. If the above terms are in accordance with your understanding and acceptable to you, please sign, date, and return the duplicate copy of this letter to us. We very much appreciate the opportunity to serve you and will be pleased to discuss any questions you may have. Very truly yours, ALA The services described in the foregoing letter are in accordance with our requirements and we understand the terms and conditions recited above. Town of Avon By Title SPOKANE PULLMAN SPL)KANE VALLEY QUINCY COLrAX TRI-CITIES GRANI)VIEW YAKIMA MOSSES LAKE NORTH IDAHO OMAK WALLA WALLA OTHELLO WENATC:HEE LE MASTER & DANIELS P LLc AOCOUMIN( To the Partners of Clifton Gunderson LLP AND and the SEC Practice Section Peer Review Committee (Y)NsULTIN(; We have reviewed the system of quality control for the accounting and auditing practice of Clifton Gunderson LLP (the firm) in effect for the year ended July 31, 2001. A system SERVICUS of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified MEMBER OF Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the firm. In addition, the firm has agreed to comply with the McCLADREY membership requirements of the SEC Practice Section of the AICPA Division for CPA Firms (the Section). Our responsibility is to express an opinion on the design of the NETWORK system, and the firm's compliance with that system and the Section's membership requirements based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Section and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it or with the membership requirements of the Section since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Clifton Gunderson LLP in effect for the year ended July 31, 2001, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the firm with reasonable assurance of complying with professional standards. Also, in our opinion, the firm complied during that year with the membership requirements of the Section in all material respects. Spokane, Washington December 19, 2001 Memo To: The Honorable Mayor and Town Council From: Harry N. Taylor, Director of Transportation Thru: Larry Brooks, Town Manager Date: December 4, 2002 Re: Service Agreement with VAI on Dail-A-Ride Vehicles Summary: Vail Associates, Inc. (VAI) has requested the Town of Avon to continue performing "Repair and Maintenance" services on the Beaver Creek Resort Company Dial-A-Ride vehicles which are owned by VAI. The Town of Avon Fleet Maintenance Division located at the Swift Gulch Maintenance Facility will perform this work. The repair "shop rate" is $80.00 per hour for the term of the Service Agreement. Discussion: This agreement is a continuation of the repair and maintenance services provided to the Beaver Creek Resort Company since the eighties. This agreement became necessary when the Town of Avon discontinued operating the Dial-A-Ride transportation function and turned it over to the Beaver Creek Resort Company. Recommendation: The recommendation is to approve the request by the Vail Associates, Inc. to provide "Repair and Maintenance" services under a Service Agreement for a one-year period. Town Manager Comments: Encl. SERVICE AGREEMENT This agreement is made and entered into this day of , 2002 by and between Vail Associates, Inc., a Colorado corporation whose address is P.O. Box 7, Vail, Colorado, 81658. (hereafter know as "VAI") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of VAI to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. • Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the Beaver Creek Resort Company buses which are operated by VAI. Service will be performed on approximately 31 buses or other vehicles, although the number of buses serviced may be increased or decreased in VAT's sole discretion. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by VAI. No payment for any repair or replacement work shall be due unless VAI ahs approved of such charges. Services may be commenced with verbal approval by VAI of a written estimate submitted by Contractor. Repair and Replacement work consists of the following types of work, including without limitation, transmissions repairs, engine repairs, rear end repairs and any work or repairs exceeding $2,000.00. VAI acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and condition of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that it's facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be completed within 24 hours of any vehicle being brought to Contractor's facility. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, VAI will pay Contractor $80.00 per hour for repair and replacement work. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10th of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. 4. Terms and Termination: This Agreement will be effective as of October 1, 2002 and will terminate on September 30, 2003 unless Contractor fails to substantially perform the duties and obligations in accordance herewith. In such an event, VAI may terminate this Agreement upon seven (7) days written notice to the Contractor, unless Contractor cures the breach within the Seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act or any Colorado State independent contractor, Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by VAI to its employees. Contractor shall provide VAI an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient end workmanlike manner. Contractor shall promptly correct any defective work and shall pay all claims, costs, losses and damages resulting from such defective work. 7. Indemnity: Because VAT's operation and maintenance of the Beaver Creek Resort Company Buses furthers a public purpose, Contractor has determined that it is reasonable to indemnify VAI under this Agreement to the extent permitted by law. In connection with claims and / or lawsuits against VAI for property damage and / or personal injury or death occurring in connection with Contractor's performance of the Services, Contractor will indemnify and hold VAI harmless from and against all losses, damages and costs incurred by VAI and expenses (including without limitation reasonable attorney fees and legal fees incurred by VAI in its defense), up to the amount of VAI's self-insured retention or deductible as may exist. This indemnification shall not be construed or interpreted as a waiver of any protections, defenses, or limitations of liability afforded Contractor under the Colorado Governmental Immunity Act (CRS 24-10- 101, et seq.). This indemnification further shall be limited in amount to proceeds of any insurance coverage maintained by the Town of Avon. Contractor agrees to maintain in effect liability insurance in the amounts of the limitations of the Colorado Governmental Immunity Act.. 8. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of VAI, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 9. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver relinquishment of such right of power at any other time or times. 10. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 11. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 12. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this ,3_day of DfG . , 2002. VAIL ASSOCIATES, INC. A Colorado Cor oration By: EXECUTED this day of , 2002. TOWN OF AVON By: EXHIBIT A °A° PM 3,000 miles or $80.00 hr. Preventive Maintenance 250 hours Plus parts & Inspection sublet "Annual" every 12months $80.00 hr. Preventive Maintenance Plus parts & Inspection sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 1, 2002. AVON BEAVER CREEK EQUIPMENT LIST BY DEPARTMENT Program FMG210 DEPARTMENT. 09 - DIAL-A-RIDE Release S.z --DATE-- LICENSE- Page i Date 11/25/02 Time 12:01 ---DEPR--- --MAINT--- -YTD-- --MILES MRS-- M EQUIP# YR ---MAKE--- --MODEL--- CLASS ---SERIAL NUMBER---- -ACQRD-- -NUMBER- ---COST--- --VALUE--- ---LTD---- -MILES BEG-FY CURRNT T 007D 02 FORD E350 VANTERRA PPL 1FDSE35S91HA56703 01/04/02 336-BMA 83000.00 0.00 393.64 1 4685 4686 M 100D Ol FORD E450 TERRATRANS PPL 1FDXE45S7YHB82726 10/31/00 TEMP 83000.00 0.00 15983.81 14233 19627 33860 M 101D O1 FORD E450 TERRATRANS PPL 1FDXE45S7YHB82727 10/31/00 TEMP 83000.00 0.00 10734.10 13961 29086 43047 M 102D O1 FORD E450 TERRATRANS PPL IFDXE45SOYHB62728 10/31/00 TEMP 63000.00 0.00 4975.64 10939 17607 28546 M 103D 01 FORD E450 TERRATRANS PPL 1FDXE45S2YHB82729 10/31/00 TEMP 83000.00 0.00 15040.04 15910 26756 42666 M 104D O1 FORD E450 TERRATRANS PPL 1FDXE45S9YHB82730 10/31/00 TEMP 83000.00 0.00 14239.14 13490 26051 39541 M lost) O1 FORD E450 TERRATRANS PPL 1FDXE45S7YHB82731 10/31/00 TEMP 83000.00 0.00 12777.92 12199 24628 36827 M 106D O1 FORD E450 TERRATRANS PPL 1FDXE45S2YHB82732 10/31/00 TEMP 83000.00 0.00 13653.96 14939 20903 35842 M 107D O1 FORD E450 TERRATRANS PPL 1FDXE45S4YHB82733 10/31/00 TEMP 83000.00 0.00 12700.40 12210 22751 34961 M 308D O1 FORD E450 TERRATRANS PPL 1FDXE4SS6YHB82734 10/31/00 TEMP 83000.00 0.00 12047.96 15532 21770 37302 M 109D O1 FORD E450 TERRATRANS PPL 1FDXE45SSYHBO273S 10/31/00 TEMP 83000.00 0.00 15786.63 15415 17340 32755 M 110D 01 FORD E450 TERRATRANS PPL 1FDXE45SXYHB82736 10/31/00 TEMP 83000.00 0.00 10860.66 13663 27458 41121 M 111D O1 FORD E450 TERRATRANS PPL 1FDXE45S1YRB82737 10/31/00 TEMP 83000.00 0.00 9512.47 9304 23721 33025 M 112D O1 CHEV 1500 SUBURBAN 1,4U 3GNFK16T71G127986 11/O8/00 807-CMZ 40000.00 0.00 8093.22 11916 32428 44344 M 113D O1 CHEV 1500 SUBURBAN L4U 3GNFK16TSIG128664 11/08/00 TEMP 40000.00 0.00 5778.45 10415 26826 37241 M . 114D O1 CHEV 1500 SUBURBAN L4U 3GNFK16T91G128821 11/08/00 TEMP 40000.00 0.00 5785.03 8620 31323 39943 M 115D O1 CHEV 1500 SUBURBAN L4U 3GNFK16T61G136293 11/08/00 TBMP 40000.00 0.00 8522.07 10283 29878 40161 M 116D O1 CHEV 1500 SUBURBAN 1,4U 3GNFK16T41G136356 11/08/00 TEMP 40000.00 0.00 2864.96 3381 26461 29842 M 174D 02 CHEV SUBURBAN L4UP 1GNFK16Z32J160166 11/14/01 TEMP 39014.00 0.00 0.00 0 224 224 M 290D 02 FORD E-450 TERRATRANS PPL 1FDXE45S71HB47190 11/13/01 998-EEP 83000.00 0.00 4169.55 18113 3397 21510 M 291D 02 FORD E-450 TERRATRANS PPL 1FDXE45S91HB47191 11/13/01 997-EEP 83000.00 0.00 3742.73 14938 3404 18342 M 292D 02 FORD B450 TERRA IRAN PPL 1FDXE45SOlHB47192 12/10/01. TEMP 100000.00 0.00 5031.93 12484 4020 16504 M 293D 02 FORD 9-450 PPL 1FDXE45S21HB47193 .12/01/01 N/A 100000.00 0.00 3336.31 11368 7835 19203 M 294D 02 CHEV 1500 SUBURBAN L4U 1GNFK16Z32J160166 11/20/01 TEMP 40000.00 0.00 2798.77 16383 227 -16610 M 295D 02 FORD E350 VANTERRA PPL 1FDSE35LB21LA24397 12/30/01 TEMP 83000.00 0.00 5009.60 20469 1504 21973 M 296D 02 FORD E350 VANTERRA PPL 1FDSE35L82HA24397 12/30/01 105-ENY 83000.00 0.00 4748.59 27790 1815 29605 M 297D 02 FORD E350 VANTERRA PPL 1FDSE35L62HA24396 01/04/02 TEMP 83000.00 0.00 5141.87 22799 1491 24290 M 747 97 FORD TURTLETOP PPL 1PDLE40S6VHA97393 10/15/97 EME6204 74000.00 0.00 8771.21 0 49633 49633 M 748 97 FORD TURTLETOP PPL 1FDLE40S1VHA01850 10/15/97 ENG5475 74000.00 0.00 14490.86 0 93346 93346 M 749 97 FORD METROTRANS PPL IFDLE40SSVHA01849 10/15/97 ENG5473 74000.00 0.00 17149.82 0 54984 54984 M 750 97 FORD TURTTLETOP PPL 1FDLE40S3VHA01851 10/15/97 ENG5470 74000.00 0.00 23954.34 0 76300 76300 M 781 97 FORD B450 METROTRANS PPL 1FDLE40S4VHA42022 01/03/98 EMF7693 72000.00 0.00 13598.20 0 49989 49989 M 889 98 FORD E450 TERRATRANS PPL 1 11/01/98 EMG2865 72000.00 0.00 7122.70 5464 21184 26648 M 891 98 CHEV SUB L4U 3GNFK16R7WGll8509 12/01/97 ENG5498 33000.00 0.00 8954.00 0 68329 68329 M 892 98 CHEV SUB L4U 3GNFX16RXWG118570 12/01/97 ENG5497 33000.00 0.00 12660.80 0 54543 54543 M 893 98 CHEV SUB L4U 3GNFK16R3WGll8314 12/01/97 ENG5952 33000.00 0.00 10727.30 0 56350 56350 M 894 98 CHEV SUB L4U 3GNFK16RXWG119564 12/01/97 ENG5952 33000.00 0.00 5982.86 0 45474 45474 M 895 98 CHEV SUB L4U 3GNFK16RXWGll9797 12/01/97 ENG5499 33000.00 0.00 6289.86 0 55402 55402 M 968 99 FORD 9450 TERRATRANS PPL. 1FDXE40S4XHB45817 12/17/99 EMH1459 72000.00 0.00 18108.22 6326 34711 41037 M 989 99 FORD E450 TERRATRANS PPL 1FDXE40SXXHC19225 O1/O1/00 EMH1453 83000.00 0.00 21217.00 11838 34092 45930 M 990 99 CHEV SUB L4U 3GNFK16R4XG153316 10/19198 EMG1682 33000.00 0.00 7844.23 0 60600 60600 M 991 992 99 CHEV 99 CHEV SUB SUB L4U L4U 3GNFK16R2XG154397 3GNFK16R1XG154410 10119198 SMG1684 10/19/98 MC1680 33000.00 33000.00 0.00 0.00 12362.01 9889.98 0 0 59470 59595 59470 M 59595 M 993 994 99 FORD 99 FORD EXPODE CNG EXPODE CNG L4U L4U 1FMPUISL5WLB91442 1FMPU1BL7WLB91443 10/19/98 SMG1513 10/19/98 ENG1516 33000.00 33000.00 0.00 0.00 4179.40 5727.42 48 16420 8952 57243 9000 M 73663 M 995 996 99 FORD 99 FORD EXPODE CNG EXPODE CNG L4U L4U 1FMPUIBL9WLB91444 IFMPU18LONLB91445 10/19/98 EMG1518 10/19/98 ENG1515 33000.00 33000.00 0.00 0.00 4516.52 6435.82 1 0 41373 48000 41374 M 48000 M 998 99 CHEV SUB L4U 3GNFK16R3XG173279 10/19/98 ENGIS36 33000.00 0.00 16469.70 5954 63200 69154 M