TC Council Packet 03-23-2004FINANCIAL MATTERS
March 23, 2004
1. YTD Building Revenue Report Actual vs Budget - February 2004
2. Detail-Real Estate Transfer Taxes - February 2004
3. Accomodations Tax Worksheet Actual vs Budget - January 2004
4. Sales Tax Worksheet Actual vs Budget'- January 2004
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2003
Purchaser Name Property Amount Received
January Balance Forward $ 33,924.06
Title Company Rockies Christie Lodge Timeshare 50.00
Timeshare Transfer Christie Lodge Timeshare 20.50
Lynn Weas Christie Lodge Timeshare 40.00
Dan Sunday Christie Lodge #C11 4,000.00
Jim V. Morgan & Sharon T. McNally Stone Creek Condo #205 6,400.00
Elizabeth Greger Stone Creek Condo #205 2,800.00
Caneel Bay LLC Centennial Center 35,400.00
Margretta B. Parks 102 Metcalf Commercial Park #102 3,212.80
Margretta B. Parks 102 Metcalf Commercial Park #108 4,079.70
Margretta B. Parks 281 Metcalf Commercial Park #204 4,881.60
Mark Lathrop Benchmark Condo A-17 2,020.00
Forrest Knapp Barrancas - 2 H-24 1,100.00
David Watts Barrancas -2 G-21 1,029.00
Title Company Rockies Lakeside Terrace #0803630 844.70
Title Company Rockies Lakeside Terrace #0803580 734.70
Title Company Rockies Lakeside Terrace #0803516 449.90
Title Company Rockies Lakeside Terrace #0803658 969.60
Title Company Rockies Lakeside Terrace #13401 150.00
Marc Crain Irrevocable Trust Chapel Square B-307 1,936.00
Maren Bostrom Chapel Square B-318 3,063.38
Chosid-Brown Parters LLC Avon center @ B.C. #401 4,880.00
Title Company Rockies Mtn. Vista #04-04 5,199.30
Title Company Rockies Mtn. Vista #04-05 4,788.90
Title Company Rockies Mtn. Vista #04-03 5,248.70
Title Company Rockies Mtn. Vista #04-06 7,468.10
Title Company Rockies Mtn. Vista #1201/1203 220.00
Boland T. Jones & Andrea L. Jones Lot 20 Mtn. Star 27,800.00
Marguerite T. Dunphy Twin Bears Townhomes #A 5,380.00
Jay K. Peterson Lots 54,55,89,90 Blk 4 Wildridge 13,400.00
Victor Charles Viola & Ariane Viola Lot 11 Blk 4 Wildridge 6,200.00
Frank Hamel Lot 86 Blk 4 Wildridge $5,960.00
Cameron Youngblood & Sarah Youngblc Eagle Ridge Townhomes B-2 3,400.00
Total February Revenue 163,126.88
Total YTD Revenue 197,050.94
Total 2004 Budget 1,350,000.00
Variance, Favorable (Unfavorable) $ (1,152,949.06)
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N I--
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON ?
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, WILL BE HELD MARCH 23, 2004, AT 2:00 PM TO BE HELD
AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
2:00 PM - 2:30 PM 1) Sherwood Meadows Update (Scott Wright & David Bell) - Discuss
issues regarding the defeasance of the Certificates of Participation.
2:30 PM - 4:30 PM 2) Executive Session - (Conferring with Town Attorney) - The topic
meets the requirements of C.R.S. 24-6-402-4 (e) - Conferences with an
attorney for the local public body for the purposes of developing strategy with
respect to negotiations with Traer Creek Metro District.
4:30 PM - 5:00 PM 3) Council Committee Updates - Council members are assigned to several
committees and update their progress.
Swift Gulch Update (Mayor Pro Tern McDevitt)
5:00 PM - 5:15 PM 4) Village at Avon Grade & Crushing Operation (Ruth Borne) Staff
will discuss the grading permit for operations north of 1-70
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: Patty McKenny, Town Clerk
Estimated times are shown for informational purposes only, subject to change without notice.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MARCH 19,2004:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Avon Council Meeting. 04.03.23
Internal Memorandum
Date: March 17, 2004
From: Scott Wright, Finance Directo
To: Larry Brooks, Town Manager
Subject: Sherwood Meadows
As we approach the closing date on 5 of the Sherwood Units under contract, I have had
several conversations with Dee Wisor, David Bell, and John Dunn concerning what
direction we are going to pursue in regards to the outstanding certificates of participation
(COPs). Pursuant to these conversations new information has come to light regarding
this issue. More specifically, the options and relative costs to the Town of defeasing the
COPs through escrow versus calling the entire amount of the outstanding COPS.
Staff has been going along on the assumption that escrow accounts from the proceeds of
Sherwood Meadows unit sales could be established to defease a pro-rata amount of the
outstanding COPs, with the Town reserving the right to call all of the COPS when all of
the units were sold. This assumption apparently has been flawed in that it places
bondholders in a position that weakens the value of their investment in the Towns bonds
and could damage the Town's reputation in the bond market, or worse, subject the Town
to potential lawsuits from bondholders. In addition, because of MBIA's escrow
requirements, the escrows have to be funded with the expectation that the bonds will be
called on December 1, 2010 (the first call date). Because of this requirement, and the fact
that there is negative arbitrage on the securities purchased to fund the escrow, the Town
would have to contribute to the escrows a far greater amount than it would if it just called
the bonds outright on June 1, 2004.
It is now my opinion that the best option for the Town is to call all of the outstanding
COPs on June 1 with the sales proceeds plus a loan from the Town to be paid back with
the sale of the remaining units. The savings to the Town of this option is show here and
on the following page.
Cost to Defease Outstanding COPs through Escrow $ 2,451,932
Less: Existing Reserve Fund (198,923)
Less: Proceeds from 5 Units Under Contract (775,000)
Less: Estimated Proceeds from Remaining 5 Units (1,091,000)
Net Amount Due from Town of Avon $ 387,009
Staff Memo 2004-006.doc
Internal Memorandum
Total COPS Outstanding + Interest $ 2,181,729
Less: Existing Reserve Fund (198,923)
Less: Proceeds from 5 Units Under Contract (775,000)
Less: Loan from Town (1,207,806)
Plus: Payback of Loan from Remaining 5 Units 1,091,000
Net Amount Due from Town $ 116,806
NET SAVINGS TO TOWN FROM CALLING
ENTIRE AMOUNT OF O/S COPS 270,203
The final issue regarding calling the COPS has to do with the charter provision of
requiring a citizen vote in order to sell public property. Dee and John have two options
for dealing with this issue that, in their opinion, will not violate the charter. The first
option involves the Town of Avon Finance Authority calling the bonds and titling the
units in the Authority's name until the units are sold. The second option involves the
Town calling the bonds and passing a resolution stating that the units are not being used
for public purpose but are being held for re-sale. The Town will need to ensure that the
units are not being leased to Town employees prior to being sold.
MEMORANDUM
FROM: TOWN ATTORNEY
TO: TOWN COUNCIL
SUBJECT: EXECUTIVE SESSION ON VILLAGE (AT AVON) NEGOTIATION
DATE: MARCH 16, 2004
In January of this year, a revised municipal services invoice for the year 2004 was
submitted to Traer Creek Metropolitan District. The invoice was revised to reflect the actual cost
of police services, based upon the actual cost incurred in 2003. Rather than calculating cost of
municipal services on the basis of the formula contained in the Annexation and Development
Agreement (7.6 mills times assessed valuation), Traer Creek was billed for actual cost. While
recognizing the inadequacy of the 7.6 mills formula, Traer Creek has questioned the Town's new
calculation and is paying the 2004 invoice on the basis of the 7.6 mills formula. Payments are
being accepted by the Town with Traer Creek being advised that acceptance of the payments is not
a waiver of the Town's position. Most recently, there has been submitted to Traer Creek a
reconciliation of the 2003 cost of municipal services, as is required by the annexation agreement.
That reconciliation recomputes the cost of police services in the same fashion as has been done
with respect to 2004. Traer Creek has not at this time responded to the reconciliation.
In the meantime, the Town has been advised that Traer Creek has engaged an
auditor, Dean Johnson, to review the cost of police services and to provide Traer Creek with the
information they need to respond to the Town. We are also advised that Traer Creek's response
may be delivered to us around the first of April.
Staff is requesting an executive session to discuss negotiation strategy and to receive
direction from the Council as to the Town's negotiating position on this issue.
JWD:ipse
Memo
To: Honorable Mayor and Town Council
n,
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director of Commu
Norman Wood, Town Engineer
Date: March 11, 2004
Re: VAA Grading and Crushing Operation
AVON
C O L O R A D O
{` y 6 ?
The Village at Avon is proposing grading and crushing operations on the north side of
Interstate-70 to eliminate the excess material and accommodate the construction on the
Swift Gulch Road extension.
As you may recall, the initial grading and crushing permit for the Village at Avon included
grading on the north of 1-70 and required permits from the following State of Colorado
divisions: Air Pollution Control Division-Fugitive Particulate Dust Permit (expires May
30,2006); Water Control Division-Construction Dewatering (expires July 1, 2004); and
Stormwater Discharge (expires June 30, 2007). All of the permits are still in force and
effect. The limits of disturbance proposed in this application may be more extensive and
require modification to the state permits.
Staff has been meeting with the Village At Avon and their consultants, B&B Excavating and
Alpine Engineering on the requirements for this permit. We were hoping to have plans
submitted and to date, have not received them.
Once the grading plans are submitted, we will issue a new grading permit under the
authority granted to the building division.
Confidential Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jacquie Halburnt
Date: March 16, 2004
Re: Wish List - Village Annexation & Development Agreement
Summary: Attached are the "wish list" items we compiled in relation to the Village at
Avon Annexation and Development Agreement. We received input from Ron Wolfe, Debbie
Buckley, Michael Brown, Ruth Borne, Larry Brooks and Norman Wood. -
We will be meeting with Council during executive session to discuss and prioritize these
items.
Town Manager Co
ments:
Village at Avon
Annexation & Development Agreement
Wish List
[O] = Original Agreement
[1] = First Amendment
[2] = Second Amendment
Section Suggestion
Recitals Lodge and hotel uses
C #4
[O] Should we negotiate adding timeshares?
Recitals Compliance with the Town's school dedication requirements
C #6
[O] .1. This may be a topic for the PUD Guide but the school dedication
should be specifically defined to require that it must change in size
according to any additional total development rights that may be
granted by the Town beyond those in the PUD Guide. They have
agreed that Planning Area M triggers such an increase. This new
requirement should be structured to require recalculation for any Area
increase greater than 10%, which will be considered as if
incrementing the total project entitlements, and/or any increase
beyond the agreed to Village totals for all development.
2. Redefine the school site dedication with a definite timeline
consistent with the density (du's) approved and also ensure that it is
limited to a school site only (no ancillary services). This provision
should not be punitive, but should include all du's at a time certain
(i.e., at the time of dedication to the District). Maybe some provision
for a private school if the District fails to elect to take the land for a
school.
Recitals If the property is annexed to the town...
E & J Development of the property...
[01
1. E & J respectively, refer to "orderly development," "orderly growth,"
and accordance with the "Town's Comprehensive Plan." This should
be defined to require no additional actual development without the
completion and review of a Master Plan for the Village. Avon will not
accept any proposed PUD Guide Amendment without a complete
Village Master Plan with which the proposed Amendment is
compatible. In other words, any proposed Planning Area change will
only be considered in the context of where the entire Village is going.
Every Area rethink requires a complete and rational total Village
rethink.
2. Recital E states that the Town will have the authority to agree to
provide for the orderly development of the Project ...and the equitable
sharing of tax revenues and costs relating to the Project..." I believe
that comments like these should provide weight to the Town's need to
renegotiate the costs of the municipal services for the Village at Avon.
As we have discussed, the current calculation for police services is
not equitable.
3. Recital J states that the development of the property must provide
for "orderly growth in accordance with the policy and goals set forth in
the Town's Comprehensive Plan". If necessary, can this language be
used to, a). persuade Traer Creek to master plan part or all of their
development, and b). abide by the existing and future versions of the
Comprehensive Plan?
Article 1 Comprehensive Plan
1.1.7
[O] The definition of Comprehensive Plan should be the 11/5/1996
version possibly only for the original Agreement but any and all
changes within a Planning Area or in total shall consider
"Comprehensive Plan" to refer to the then current and adopted Plan
as may exist.
Article 3 Permitted Uses/Design Standards
3.2
[O] 1. The 500 affordable housing units are probably not what we want.
Renegotiation to market-demand units will be incrementally profitable
to the developer and can achieve a better mix of "attainable" housing
in Avon. We should be able to extract a concession for renegotiating
this requirement.
2. Delete the affordable housing requirement -this is a great
negotiating tool for something that we determine is critical to revise in
the development agreement.
3. Redefine the limits of commercial square footage (650,000 sq/ft)
with the information created by the Comp Plan combined with
obtaining more authority for the Town to review and approve
commercial development. The scope of commercial development
should not be confined to retail. As I have mentioned several times,
hospitals, clean industry, medical and educational services would be
critical land uses in improving the quality of life and sustainability for
Avon and should not be limited.
4. 1 believe that we need to examine the following: If the Village is
indeed closing in on their maximum commercial square footage of
650,000 square feet, we might consider allowing them more if they
provide some sort of master plan that designates all current and
future commercial buildings. This goes to Larry's point that the area
between the Village and the existing Avon commercial area may
become an awkward "no-man's land" due to lack of planning.
5. My vision of "affordable housing" has always been housing to own.
Can we renegotiate this area to incorporate this type of housing into
the residential mix?
Article 4 Access: Roads
4.1
101 The "Owner's right to construct and maintain private roads on any
portion of the Property" is too vague. It should be defined to apply
only to the upper lots and, if desired, to some set of conditions under
which the Village would create some sort on enclave elsewhere in the
Village and only with TOA agreement. We should prohibit anything
that would constrict circulation by the public within the Village...
except for the upper lots.
Article 4 1-70 Interchange
4.2
101 Signage: Complete Interstate signage as previously agreed to (Avon
next 2 exits; Avon Post Blvd exit; New town limit signs with logo) It is
important to present a unified invitation to the town.
Article 4 Exactions and Fees
4.3
101 1. Somewhere we should have parks and open space dedicated to
Avon upon reaching some trigger event. This event might be
subdivision of ROW Tracts and contiguous Tracts which will cause
the park and open space to be defined and supposedly fixed in
perpetuity. We should guarantee that they are indeed fixed,
permanent and not a temporary sham of the Developer.
2. Taking parkland as dedicated to the Town of Avon with the receipt
of revenue to pay for such management.
Article 4 East Beaver Creek Blvd. Improvements
4.3(b)
101 [11 This section relates to the East Beaver Creek Blvd. Improvements
following the Chapel Place exaction. My proposal here is that this
entire concept be restructured to allow, at the Town's option and I
recommend, that the concept be changed so that Chapel Place be the
extension road all the way to the Hwy. 6 connector road and that this
be instead of the extension being EBC Blvd. EBC Blvd. would
therefore end at its intersection with the extended Chapel Place. We
should also obtain the right to call the entire road to the Hwy. 6
connector road "Main Street" or related and similar name. This will
permit us to guide redevelopment of East Avon to include "Main
Street" running from Avon Road to an eastern terminus at the
connector road. I assume that the timeline and phasing is OK or we
will negotiate any needed changes.
Article 4 Public Works facility and Fire District sites
4.3 (d)
101111 1. Totally rewrites the general requirements of the Public Works
conveyance to a specific "lot 5." Are we OK with this today? In [1], the
Fire District parcel is defined as approximately 1 acre (buildable) and
excludes any provision for the Ambulance District. This should be
renegotiated to be larger, to include both emergency services as both
separate, joint or combined facilities and organizations. Shall we
further refine and define permitted Planning Area locations? Further,
we should volunteer to submit conceptual or sketch plans earlier in
our and the emergency services district's planning process. And, we
should require the Village to have established and adopted design
guidelines for the Area in which these facilities will reside BEFORE
we, and/or the Districts, submit any sketch plans.
2. A fire/ambulance site should be created rather than just a fire - 1.5
acres combined.
Article 4 School site dedication
4.3(f)
[O] This school dedication should be changed, as I explained earlier, to
require enlargement as, and if, Planning Area and/or total
development rights are changed.
Article 4 Retail Sales Fee, RET Fee, Accommodations/Lodging Fee
4.5
101111 1. "Fees": Our "waiver" or "credit" of equivalent taxes should NOT
apply to any development in excess or a 10% increase in any
Planning Area and/or to ANY increase in development rights in the
total project beyond those in the Annexation and Development
Agreement and the PUD Guide as they now stand. A couple of
questions... Can we collect sales taxes on the RETF, Materials Use
Fee and Accommodations/Lodging Fee? If we agree to "additional"
development being excluded from the tax "waiver," how will we deal
with different rates of the town tax versus an equivalent fee plus
applicable taxes on the fee?
2. Renegotiation of sales tax rebates (which I believe is extremely
problematic with the current bond requirements).
3. 1 know we have discussed this in one way or another over the past
few years, but is there a formal way to know and audit that the Village
is using all of its revenues according to the agreement? And can we
look at a way of recapturing excess and increasing revenues as their
debt decreases over the next two decades?
Article 4 Dissolution of District
4.7
[01 1. Debt transfer - Should the town pursue taking over the Village debt
and receive the revenue to pay it off.
2. Sunset clause/repay bonds - Should the town establish a deadline
for debt defeasance?
Article 4 Municipal Services
4.9
101 Avon should assume the responsibility for the operation and
maintenance of parks and recreation services within the Village... and
should bill the Village for costs. The rationale for this inclusion is that it
will provide minimal costs and maximum efficiency and economy to
the Village though the use and leverage of our staff, procedures and
equipment and will allow integrated planning of events and use, etc. It
doesn't make sense for the Village... or for the effective use by the
public... to have a separate and duplicate organization.
Article 4 Payment for Town Services
4.10
101 1. "Payment for Town Services": Of course we must correct the error
in Police charges as we are pursuing. Additionally I suggest a review
of the use of "preceding calendar year, "following calendar year" and
"ensuing year" as they apply to the calculation of the estimate and the
reconciliation of actual costs. While I didn't exhaustively beat on this
one, but it seems as if the language does not define use of the most
current, and proximal, data to do the calculations... perhaps calling for
the use of "old data" (?).
2. Police invoice needs to be corrected, then establish
commensurate revenue sharing structure to eliminate invoice.
Develop uniformity for all invoices.
3. Uniformity of municipal service invoice, specifically police services.
4. Need to resolve all outstanding invoices including weeds.
5. Proper calculation and payment for municipal services.
Article 4 Transportation
4.10(a) ii
[O] Public transportation to mirror service in the rest of the Town of Avon.
Article 4 Municipal Services Payment
4.10 (c)
[O] Exactly what does this paragraph say? I think it says that BOTH the
reserve requirement AND the Owner and PIC guarantees terminate
after 5 years. If so, this should be unacceptable to us. Reserves and
guarantees should not have terminations but should be for however
long the Districts persist.
Article 4 Design Review
4.13
[O] 1. We've lost design review but that can be OK if the process of the
Village is legitimate and thorough as it is in Mountain Star. I would,
however, for Avon to gain control of all designs other than the
currently exempted RMF-3 and lots 1-96 because of the proximity of
the rest of the development to town and because of the reality that in
other than RMF-3 and lots 1-96, there will be pressure to be
expedient and minimal in design requirements. If we can rest this
control from the developer we should do so. At minimum we should
gain agreement that the Village DRB MUST prepare, solicit TOA
comments on and adopt Design Guidelines for a Planning Area prior
to their considering and approving, after receiving and considering
P&Z comment, any design/project.
2. Design review authority-any additional input the Town may have
on development applications is critical in preserving our authority.
Certainly expanding our role on approvals of specific applications and
design review guide is a step in the right direction.
3. Submit complete design guidelines for approval prior to building
permit issuance by the Town of Avon.
4. Greater say by the town on design and review issues. The current
agreement leaves the town and Avon constituents feeling angry and
helpless before the developer. Would it not be wise for the developer
to "partner" with the town on planning and design issues?
Article 4 Indemnity for Lost Sales Tax Revenues
4.14
[O] Since the old Wal-Mart site was expanded significantly and is now
occupied by three tenants in the larger space, there should be an
argument that the language of the Agreement does not anticipate the
expanded retail space and therefore sales tax received by Avon from
the expansion space should not count to reduce the indemnity. Tax
from the expansion space should be completely an incremental
benefit to the town. The indemnity should apply to taxes received from
the old space only.
Article 4 If Wal-Mart/City Market relocates to Village, then ceases to
4.14 (f) operate in Village
[1]
This is a new section. In addition to the stipulation of "another name
by an affiliate, parent or subsidiary" we should add "successor" to
protect us if the company is bought out or merged... both possibilities
in today's business world.
Additional Comments
Overall
A comment on the overall agreement: the Town's rights and abilities under this
agreement seem to be rather general, pertaining to overseeing "orderly"
development and protecting the "public health, safety and general welfare" of the
people of the Town. Beyond this, the agreement fails to give the Town any real
voice in defining or enforcing the above concepts.
Master Planning
Cooperation between the town and the developer about the Village's phased
growth, including some type of master planning as the developer knows more
about what they wish to do. I believe some sort of long-term cooperation, rather
than conflict, is the key. Forcing a master plan on the developer is liable to
cause their "retreat" into the current development plan.
Nottingham Ranch Road
Correct damage due to construction activities (asphalt overlay).
Eaglebend Park
Eaglebend pocket park - complete restoration from construction activities in
easement granted by TOA.
Town Center Monument Sign
At Post Blvd. roundabout #4, similar to current Wal-Mart/Home Depot sign.
Special Improvements Agreement (SIA)
1. Public improvements construction - timely completion of construction and
correction of punch list items (give structural elements, i.e., roadway
construction, equal attention to visual elements, i.e., landscaping).
2. Resolution of issues on Filing 1 (current development south of 1-70).
Visitor Information Site
Dedicate land for site.
Communication
1. First and foremost, I believe it is essential to maintain positive communication
and dialogue with the Village At Avon and continue to focus on our goals as a
community-not just us against them. The Village at Avon is part of the Town
and recommend we start acting that way to begin developing what will one day
may be a vibrant mountain resort community.
2. Better cooperation, communication and dialogue.
PUD Guide
I propose that we (eventually) expand this Council review to include the PUD
Guide. Some of my concerns and suggestions may require changes to that
document... and I have many specifically applicable to the Guide.
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
MARCH 23, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
Call to Order / Roll Call
2. Citizen Input
a. Easter Egg Hunt Update (Frady Aber)
3. Ordinances
First Reading
a. Ordinance No. 04-04, Series of 2004, An Ordinance Of The Town Of Avon, Adopting
By Reference And Reenacting The Municipal Code For The Town Of Avon;
Providing For The Repeal Of Certain Ordinances Not Included Therein; Providing A
Penalty For The Violation Thereof; Providing For The Manner Of Amending Such
Code; And Providing When Such Code And This Ordinance Shall Become Effective
(John Dunn)
4. Resolutions
5. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the March 9, 2004 Regular Council Meeting Minutes
12. Adjournment
Avon Council Meeting.04.0323
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Fraidy Aber, Meryl Jacobs
Date: 03-15-04
Re: Egg Hunt 2004
Summary: Avon's Egg Hunt is an annual community event that is held the Saturday
before Easter. This year, it is Saturday, April loth from 10 -12. Children all ages are invited.
We break up the actual hunt into age groups - and distribute new goodies on the field for each
group. There is also a separate area set aside for children under three.
In addition to the Egg Hunt there will be bouncy toys, a petting zoo, glitter tattoos and
refreshments.
This year we are upping the actual egg number from 8,000 to 10,000! And will be promoting
this massive number in our print and radio advertising.
Promotion will include flyers sent home to school children, inclusion in the school paper, ads
in the Daily, community calendar listings in the Daily, a coloring contest, and ads on the
radio. Sponsorship recruitment is underway. Last year we raised $1900 in sponsorship monies
and $2200 worth of in-kind donations including many prizes for the children. I will have an
update on sponsorship ready at Tuesdays meeting.
Background: Thousands of children attend the Hunt each year. Prizes include small toys
and candies as well as many donations from local businesses. This event has become a
signature Avon community event.
Financial Implications:
We spend approximately $3,000 on this event each year.
Town Manger Comments:
Memo
To: Mayor & Town Council
Thru: Larry Brooks, Town Manager, John Dunn, Town Attorney
From: Patty McKenny, Town Clerk
Date: March 15, 2004
Re: Ordinance No. 04-05, Series of 2004
Summary:
The Town Council will consider on first reading Ordinance No. 04-04, Series of 2004, An Ordinance Of
The Town Of Avon, Adopting By Reference And Reenacting The Municipal Code For The Town Of
Avon; Providing For The Repeal Of Certain Ordinances Not Included Therein; Providing A Penalty For
The Violation Thereof; Providing For The Manner Of Amending Such Code; And Providing When Such
Code And This Ordinance Shall Become Effective. A public hearing is also required for this ordinance.
Background:
Last November staff presented a proposal to the Town Council to republish Avon's Municipal Code. The
services of Colorado Code Publishing Company were retained to complete the task and we now submit a
newly published Code Book for adoption with Ordinance No. 04-04.
Discussion:
C.R.S. 31-16-201-208 outline the requirements municipalities are required to meet when adopting "codes"
by ordinance, ("Ordinance Codes Adopted by Reference"). The attached Ordinance complies with this
Statute in that it addresses the reenactment of the newly republished code book, adopts by reference a
number of codes utilized by the town, i.e. Model Traffic Code, Uniform Building Code, etc. as well as
provides for the penalty provisions of each section and the effective date of the Ordinance. If approved on
first reading at the March 23'" meeting, a public hearing would be slated for April 13"'. Two publications of
notices of the public hearing are required, once 15 days preceding the hearing (not later than March 29"')
and once 8 days preceding the hearing (not later than April 5"'). The Town Clerk will provide for those
publications. The recommended changes to the book were grammatical in nature and approved by the
Town Attorney. Colorado Code Publishing Company will also be responsible for long-term services such as
supplementation and hosting the codebook on line.
Financial Implications:
The final cost for republishing services will be around $5,000.
Town Manager Comments:
TOWN OF AVON, COLORADO
ORDINANCE NO. 04-
SERIES OF 2004
AN ORDINANCE OF THE TOWN OF AVON, ADOPTING BY REFERENCE AND
REENACTING THE MUNICIPAL CODE FOR THE TOWN OF AVON; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A
PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF
AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE
SHALL BECOME EFFECTIVE.
Be It Ordained by the Town Council of the Town ofAvon, Colorado:
Section 1. The Code entitled The Avon Municipal Code published by Colorado Code Publishing
Company, consisting of Chapters I through 17, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before the adoption
date of this Ordinance, which are inconsistent with the provisions of the Avon Municipal Code, to the
extent of such inconsistency, are hereby repealed. The repeal established in this Section shall not be
construed to revive any ordinance or part thereof that had been previously repealed by any ordinance
which is repealed by this Ordinance.
Section 3. The following codes were adopted by reference and incorporated in the Avon
Municipal Code. One (1) copy of each is on file in the Town Clerk's office:
(1) The Model Traffic Code for Colorado Municipalities, 1995 edition, published by the
Colorado Department of Transportation, as adopted and amended in Section 10.04.010 et seq.;
(2) The Uniform Building Code, 1997 edition, published by the International Conference of
Building Officials, as adopted and amended in Section 15.08.010 et seq.;
(3) The National Electrical Code, 1999 edition, published by the National Fire Protection
Association, as adopted and amended in Section 15.12.010 et seq.;
(4) The Uniform Plumbing Code, 1997 edition, published by the International Association
of Plumbing and Mechanical Officials, as adopted and amended in Section 15.20.010 et seq.;
(5) The International Mechanical Code, 1997 edition, published by the International Code
Council, as adopted and amended in Section 15.24.010 et seq.;
(6) The Uniform Fire Code, 1997 edition, published by the International Fire Code Institute,
as adopted and amended in Section 15.32.010 et seq.; and
(7) The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, published
by the International Conference of Building Officials, as adopted and amended in Section
15.44. 010 et seq.
Section 4. The penalties provided by the Municipal Code of the Town of Avon are hereby
adopted as follows:
(1) 1.08.010. Designated. (Chapter 1.08, General Penalty)
With the exception of traffic offenses and the possession of cannabis under Section 9.16.080,
whenever in any section of this Code or any section of a rule or regulation promulgated hereunder
the doing of any act is required, prohibited or declared to be unlawful, any person who shall be
convicted of, or plead guilty or no contest to a violation of any such section shall, for each offense,
be fined in a sum not more than one thousand dollars ($1,000.40) or imprisoned not to exceed one
(1) year, or both such fine and imprisonment. Each day an offense continues shall constitute a
separate offense.
(2) 1.08.020 Public work. (Chapter 1.08, General Penalty)
In lieu of the penalties provided in Section 1.08.010, the Municipal Judge may require any
person convicted of any offense to engage in public works for the Town or for any charity, the
terms and conditions thereof to be set forth by the Municipal Judge.
(3) 1.08.030 Minors. (Chapter 1.08, General Penalty)
Any provision hereof to the contrary notwithstanding, any person who is convicted of a
violation hereof and who has not attained the age of eighteen (18) years at the time of such
conviction shall not be imprisoned or subjected to public work as punishment therefor, provided, a
child under the age of eighteen (18) years may be confined as provided in Section 13-10-113,
C.R.S. (1973), as amended.
(4) 2.08.040 Jurisdiction, powers and procedures. (Chapter 2.08, Municipal Court)
The Municipal Court shall have original jurisdiction of all cases arising under the Municipal
Code and other ordinances of the Town with the authority to punish violators thereof by the
imposition of fines and penalties not to exceed one thousand dollars ($1,000.00) and one (1) year
imprisonment as stated in the Municipal Code section or ordinance involved, together with court
costs in the amount of fifteen dollars ($15.00). The procedures of the Court shall be in accordance
with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court.
(5) 2.08.110 Schedule of fines. (Chapter 2.08, Municipal Court)
The Municipal Court is authorized to establish a schedule of fines to be imposed for the
following violations:
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8.24.040 Keeping junk
8.24.042 Parking and driving in designated areas
8.24.045 Weeds
8.24.050 Depositing waste material
8.24.065 Driveways must be paved
8.24.070 Spilling loads on highways prohibited
8.24.085 Limitation of construction activity
8.24.100 Ice and snow overhangs and accumulations
8.24.110 Ice and snow on sidewalk, public passageway or parking area
10.04.040 Violations-Penalties
15.08.025 Cleanup during construction
15.08.300 Violations
15.12.060 Violations
15.20.110 Violation
15.24.110 Violation
17.12.030 Permit requirement
17.12.07013 Violations-Penalties and remedies
(6) 2.30.150 Penalties and remedies. (Chapter 2.30, Town Code of Ethics)
(a) It is unlawful for any person to violate any provision of, or to fail to comply with any of
the requirements of this Chapter. Any person who violates any provisions of this Chapter shall be
punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period
of not more than ninety (90) days or by both such fine and imprisonment. Additionally, upon
conviction such person shall be liable to the Town for such damages as may have been suffered or
incurred as a result of such violation.
(b) Upon conviction for any violation of this Chapter such officer shall immediately forfeit
his or her office or position. Nothing in this Chapter shall be construed to prohibit such public
officer from being reelected, reappointed or otherwise rehired to any position forfeited under the
provisions of this Chapter.
(c) Any court of competent jurisdiction called upon to enforce the provisions of this Chapter
may, with the consent of the Town Council, exempt from the provisions of this Chapter any
conduct of a Town officer upon the finding that the enforcement of this Chapter with respect to
such officer's conduct would not be in the public interest.
(7) 3.08.140 Penalty - disregard for rules. (Chapter 3.08, Sales Tax)
If any part of the deficiency is due to negligence or intentional disregard of authorized rules
and regulations with knowledge thereof, but without intent to defraud, there shall be added ten
percent (10%) of the total amount of the deficiency; and in such case, interest shall be collected at
the rate of one and one-half percent (1'/z%) per month on the amount of the deficiency from the
time the return was due, from the person required to file the return, which interest and addition
shall become due and payable within fifteen (15) days after written notice and demand by the
Director of Finance.
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(8) 3.08.150 Penalty - fraud. (Chapter 3.08, Sales Tax)
If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be
added fifty percent (50%) of the total amount of the deficiency, and in such case the whole amount
of the tax unpaid, including the additions, shall become due and payable fifteen (15) days after
written notice and demand by the Director of Finance, and an additional one and one-half percent
(1'/2%) per month on said amounts shall be added from the date the return was due until paid.
(9) 3.08.210 Estimated taxes and assessment thereof. (Chapter 3.08, Sales Tax)
(a) If any person neglects or refuses to make a return for, or payment of any of the taxes
levied by this Chapter when the same become due, the Director of Finance shall, at some date
subsequent to five (5) days after the date for the making of such return or the payment of such
taxes, give written notice to the person responsible for making the return or paying the taxes or the
lack of the filing of such return or payment of said taxes, which notice shall notify the taxpayer, or
other person responsible for the return of the tax, that the same must be paid within five (5) days
from the date of the receipt of said notice.
(b) If the return is not filed, or the taxes are not paid, within five (5) days after receipt of
such notice, the Director may make an estimate, based upon such information as may be available
to him or her, of the amount of taxes due for the period or periods for which taxpayer is delinquent
and shall add thereto a penalty in an amount equal to ten percent (10%) of the estimated tax,
together with interest on the estimated tax at the rate of one and one-half percent (1'/z%) per month
from the due date thereof, and may assess said amount against the delinquent taxpayer by giving
the taxpayer written notice thereof, which notice shall require the taxpayer either to pay the amount
assessed by the Director of Finance or to petition him or her for a correction of the estimate within
a period of ten (10) days thereafter. Any such petition for correction shall be in writing, and any
facts or figures in support thereof shall be submitted upon the oath of the taxpayer. The Director
shall consider the matters submitted by the taxpayer, and shall make a decision as to the proper
amount of taxes, penalty and interest due, which decision shall be final and binding.
(10) 3.08.310 Penalties. (Chapter 3.08, Sales Tax)
Any person, firm or corporation violating any of the provisions of this Chapter shall be
deemed guilty of a violation of this Chapter, and any such person, firm or corporation shall be
deemed guilty of a separate offense for each and every day or portion thereof during which any
violation is committed, continued or permitted; and upon conviction of any such violation, such
person, firm or corporation shall be punished by a fine of not more than five hundred dollars
($500.00) or by imprisonment of not more than ninety (90) days, or by both such fine and
imprisonment.
(11) 3.08.350 Sales tax - neglect or refusal to make return or to pay. (Chapter 3.08,
Sales Tax)
If a person neglects or refuses to make a return in payment of the sales tax or to pay any sales
tax as required, the Director of Finance shall make an estimate, based upon such information as
may be available, of the amount of taxes due for the period for which the taxpayer is delinquent
and shall add thereto a penalty equal to the sum of fifteen dollars ($15.00) for such failure or ten
percent (10%) thereof and interest on such delinquent taxes at the rate imposed under Section
3.08.353 plus one-half percent (0.5%) per month from the date when due, not exceeding eighteen
percent (18%) in the aggregate.
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(12) 3.12.090 Due dates, delinquencies, penalties and interest. (Chapter 3.12, Real
Property Transfer Tax)
The tax imposed under this Chapter is due and payable at the time the deed, instrument or
writing effecting a transfer subject to the tax is delivered, and is delinquent if unpaid within thirty
(30) days thereafter. In the event that the tax is not paid prior to becoming delinquent, a
delinquency penalty of ten percent (10%) of the amount of tax due shall accrue. In the event a
portion of the tax is unpaid prior to becoming delinquent, the penalty shall only accrue as to the
portion remaining unpaid. Interest shall accrue at the rate of one percent (1%) per month, or
fraction thereof, on the amount of tax, exclusive of penalties, from the date the tax becomes
delinquent to the date of payment. Interest and penalty accrued shall become part of the tax.
(13) 3.12.130 Penalty for violations - remedies not exclusive. (Chapter 3.12, Real
Property Transfer Tax)
(a) Any person who fails or refuses to pay any tax due under this Chapter may be punished
by a fine not exceeding three hundred dollars ($300.00) or imprisonment for a period of not more
than ninety (90) days, or both such fine and imprisonment.
(b) Any remedies provided for in this Chapter shall be cumulative and not exclusive and
shall be in addition to any other remedies provided by law.
(14) 3.16.060 Failure to pay or file - penalty. (Chapter 3.16, Telephone Utility Tax)
(a) If any telephone utility subject to this Chapter fails to pay the taxes as provided herein,
the full amount thereof shall be due and collected from each company and the same, together with
an addition of ten percent (10%) of the amount of taxes due, shall be and is declared to be a debt
due and owing from such utility to the Town.
(b) If any officer, agent or manager of a telephone utility which is subject to the provisions
of this Chapter fails, neglects or refuses to file any statement required by this Chapter within the
time herein prescribed, such officer, agent or manager shall be punished, on conviction thereof, by
a fine of not less than twenty-five dollars ($25.00), nor more than three hundred dollars ($300.00);
provided, that each day after such statement becomes delinquent, during which said officer, agent
or manager so fails, neglects or refuses to file such statement, shall be considered a separate
offense.
(15) 3.28.080 Interest penalties. (Chapter 3.28, Public Accommodations Tax)
If remittances and reports are not received on the due dates specified in Section 3.28.070, a
penalty shall be imposed in the amount of ten percent (10%) of the tax liability, and the total
amount due, including tax and penalty, will bear interest at the rate of one and one-half percent
(1'/s%) per month or fraction thereof until such reports and remittances are received by the Town
Manager.
(16) 3.28.090 Violation - penalty. (Chapter 3.28, Public Accommodations Tax)
Any person, firm or corporation violating any of the provisions of this Chapter shall be
deemed guilty of a violation of this Chapter and any such person, firm or corporation shall be
deemed guilty of a separate offense for each and every day or portion thereof during which any
violation is committed, continued or permitted, and upon conviction of any such violation, such
person, firm or corporation shall be punished by a fine of not more than three hundred dollars
-5-
($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and
imprisonment.
(17) 5.04.050 Violation - penalty. (Chapter 5.04, Business Registration)
It is unlawful for any person to violate any provision of this Chapter. Any person who
violates any provision of this Chapter shall be punished by a fine of not more than five hundred
dollars ($500.00) or by imprisonment for a period of not more than ninety (90) days or by both
such fine and imprisonment; provided, no person under the age of eighteen (18) years shall be
punished by imprisonment. Any such person shall be guilty of a separate offense for each and
every day during any portion of which a violation of any provision of this Code is committed,
continued or permitted by such person and shall be punished accordingly.
(18) 5.08.160 Suspension and revocation - written complaints. (Chapter 5.08. Liquor
Licenses)
(a) The Local Liquor Licensing Authority has the power and authority upon its own motion
or complaint to:
(3) Fine in lieu of suspension.
a. Whenever a decision suspending a retail license for fourteen (14) days or less
becomes final, whether by failure of the retail licensee to appeal the decision or by
exhaustion of all appeals and judicial review, the retail licensee may, before the
operative date of the suspension, petition for permission to pay a fine in lieu of having
his or her retail license suspended for all or part of the suspension period. Upon the
receipt of the petition the Local Liquor Licensing Authority may, in its sole discretion,
stay the proposed suspension and cause any investigation to be made which it deems
desirable and may, in its sole discretion, grant the petition if it is satisfied:
1. That the public welfare and morals would not be impaired by
permitting the retail licensee to operate during the period set for suspension and
that the payment of the fine will achieve the desired disciplinary purposes;
2. That the books and records of the retail licensee are kept in such a
manner that the loss of sales of alcoholic beverages which the retail licensee
would have suffered had the suspension gone into effect can be determined with
reasonable accuracy therefrom; and
3. That the retail licensee has not had his or her license suspended or
revoked, nor had any suspension stayed by payment of a fine, during the two (2)
years immediately preceding the date of the motion or complaint which has
resulted in a final decision to suspend the retail license.
b. The fine accepted shall be the equivalent to twenty percent (20%) of the retail
licensee's estimated gross revenues from sales of alcoholic beverages during the period
of the proposed suspension; except that the fine shall be not less than two hundred
dollars ($200.00) nor more than five thousand dollars ($5,000.00).
-6-
c. Payment of any fine pursuant to the provisions of this Subsection shall be in
the form of cash or in the form of a certified check or cashier's check made payable to
the Local Liquor Licensing Authority.
(19) 5.16.080 Violation - penalty. (Chapter 5.16, Peddlers and Solicitors)
Any person violating any of the provisions of this Chapter shall be deemed guilty of a
violation of this Chapter, and any such person shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation is committed, continued or permitted,
and, upon conviction of any such violation, such person, firm or corporation shall be punished by a
fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety
(90) days, or by both such fine and imprisonment.
(20) 5.20.100 Violations - penalty. (Chapter 5.20, Snowplows)
A complaint may be filed in the Municipal Court for the Town charging a violation of this
Chapter. Upon conviction thereof, the permittee, agent or representative therefor may be punished
by fine of not more than five hundred dollars ($500.00) or imprisonment of not more than ninety
(90) days or both such fine and imprisonment. Each day such violation is committed or permitted
to continue constitutes a separate offense and shall be punishable as such under this Chapter.
(21) 6.04.160 Violations and penalty assessments. (Chapter 6.04, Animal Control)
(a) Any person who violates any provisions of this Chapter, upon conviction thereof, shall
be punished for such offense by imprisonment for not more than one hundred eighty (180) days or
by a fine of not more than one thousand dollars ($1,000.00) or by both such imprisonment and fine,
plus the customary court costs as applicable.
(b) The Municipal Court may establish a penalty assessment procedure and make provision
for a schedule of penalty assessments.
(c) For purposes of determining the proper fine (penalty assessment) for violations of this
Chapter which do not result in bodily injury to any person, only those convictions (admissions of
guilt) occurring within twelve (12) months of the date of the offense for which the fine (penalty
assessment) is now being imposed shall be considered. This twelve-month limitation shall not
apply to what evidence may be introduced in aggravation of any sentencing for any violation of
this Chapter which does result in bodily injury to any person nor shall any time limitation apply to
the provisions of Section 6.04.140 of this Chapter.
(22) 6.04.180 Destruction of dangerous dogs. (Chapter 6.04, Animal Control)
(a) In addition to any other penalty, if it is found by the court or a jury that any dog
complained of is a dangerous dog, the court may, if it finds it is in the best interest of the public,
order the dog destroyed at the owner's expense. Such destruction shall not occur prior to the
completion of observation of the dog for rabies when necessary.
(b) In the event the dog owner is twice convicted of an offense relating to the same dog, the
court may order the dog destroyed and require that the owner, as a condition of probation, refrain
from owning or harboring any dog at any premise for a period of one (1) year.
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(23) 8.08.050 Violation - penalty. (Chapter 8.08, Fireworks)
Any person violating any provision of this Chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by
imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment.
(24) 8.12.180 Violation - penalty. (Chapter 8.12, Garbage and Refuse)
Every person, upon conviction of violation of this Chapter, shall be fined not less than thirty-
five dollars ($35.00) nor more than five hundred dollars ($500.00), plus the cost of removal of the
refuse; or shall be punished by imprisonment for not more than ten (10) days.
(25) 8.18.020 Violation - penalty. (Chapter 8.18, Nuclear Free Zone)
Any person, firm or corporation violating the terms of this provision shall be guilty of a
misdemeanor, and shall be punished by sixty (60) days in jail, or a fine of five hundred dollars
($500.00), or by both such fine and imprisonment.
(26) 8.24.160 Violation - penalty. (Chapter 8.24, Public Nuisances)
Any person convicted of violating any of the provisions of this Chapter shall be punished by a
fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed one (1)
year, or by both such fine and imprisonment; provided, that each separate act in violation of the
provisions of this Chapter, or each and every day or portion thereof during which any separate act
in violation of this Chapter is committed, continued or permitted, shall be deemed a separate
offense.
(27) 8.26.090 Penalty. (Chapter 8.26, Nude Entertainment Establishments)
It is unlawful for any person to violate any provision of, or to fail to comply with any of the
requirements of, this Chapter. Any person who violates any provisions of this Chapter shall be
punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a
period of not more than one hundred eighty (180) days or by both such fine and imprisonment;
provided, no person under the age of eighteen (18) years shall be punished by imprisonment.
(28) 8.28.030 Violation - penalties. (Chapter 8.28, Fire Safety Inspections)
(a) Any owner, lessee, agent or occupant of any building or premises maintaining any
condition likely to cause fire or to constitute an additional fire hazard or any condition which
impedes or prevents the egress of persons from such building or premises in violation of the
provisions of this Chapter shall be deemed to be maintaining a fire hazard and shall be guilty of a
misdemeanor.
(b) Any person, firm or corporation violating any of the provisions of this Chapter shall be
guilty of a misdemeanor, and any such person, firm or corporation shall be deemed guilty of a
separate offense for each and every day or portion thereof during which any violation of the
provisions of this Chapter is committed, continued or permitted, and, upon conviction of such
violation, such person, firm or corporation shall be punished by a fine of not more than three
hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such
fine and imprisonment.
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(29) 8.32.010 Violations and penalties - nuisance declared. (Chapter 8.32, Penalty)
(a) It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Title. Any person who violates any provisions of this Title shall be punished
by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period of not
more than ninety (90) days, or by both such fine and imprisonment; provided, no person under the
age of eighteen (18) years shall be punished by imprisonment.
(b) Any such person shall be guilty of a separate offense for each and every day during any
portion of which a violation of any provision of this title is committed, continued or permitted by
such person and shall be punished accordingly.
(c) In addition to the penalty provided in this Section, any condition caused or permitted to
exist in violation of any of the provisions of this title shall be deemed a public nuisance and may be
summarily abated by the Town as such, and each day that such condition continues shall be
regarded as a new and separate offense.
(d) Notwithstanding the foregoing penalty provisions of Subsections 8.32.010(a)-(c), and in
accordance with Section 25-7-128(8), C.R.S., any person who is guilty of an odor violation as set
forth in Section 8.31.030 of this Code shall be subject to a penalty of not more than three hundred
dollars ($300.00). Each day during which such a violation occurs shall be deemed a separate
offense.
(30) 9.16.080 Penalty for possession. (Chapter 9.16, Offenses Against Public Peace)
Any person who possesses not more than one (1) ounce of cannabis shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of not more than one
hundred dollars ($100.00).
(31) 9.16.100 Penalty for public display or consumption. (Chapter 9.16, Offenses
Against Public Peace)
Any person who openly and publicly displays or consumes not more than one (1) ounce of
cannabis is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not
more than one hundred dollars ($100.00).
(32) 9.32.010 Violations and penalties - nuisance declared. (Chapter 9.32, Penalty)
(a) It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Title. Any person who violates any provisions of this Title shall be punished
by a fine of not more than three hundred dollars ($300.00) or by imprisonment for a period of not
more than ninety (90) days or by both such fine and imprisonment; provided, no person under the
age of eighteen (18) years shall be punished by imprisonment.
(b) Any such person shall be guilty of a separate offense for each and every day during any
portion of which a violation of any provision of this Title is committed, continued or permitted by
such person and shall be punished accordingly.
(c) In addition to the penalty provided in this Section, any condition caused or permitted to
exist in violation of any of the provisions of this Title shall be deemed a public nuisance, and may
be summarily abated by the Town as such and each day that such condition continues shall be
regarded as a new and separate offense.
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(33) 10.04.040 Violation - penalties. (Chapter 10.04, Model Traffic Code)
The following penalties, herewith set forth in full, shall apply to this Chapter:
(1) It is unlawful for any person to violate any of the provisions adopted in this
Chapter.
(2) Every person convicted of a violation of any provision adopted in this Chapter
shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by
imprisonment not to exceed one (1) year, or by both such fine and imprisonment.
(34) 10.04.090 Section 1709 amended - penalty assessment notice for traffic offenses.
(Chapter 10.04, Model Traffic Code)
Section 1709 of the Model Traffic Code is amended by the addition of the following language:
"1709(5.5). If a person receives a penalty assessment notice for a violation under
Section 1709 and such person pays the fine and surcharge for the violation on or before the
date the payment is due, the points assessed for the violation are reduced as follows:
"(a) For a violation having an assessment of three (3) or more points under Section 42-
4-1701 (5), Colorado Revised Statutes, the points are reduced by two (2) points;
"(b) For a violation having the assessment of two (2) points under Section 42-4-
1701(5), Colorado Revised Statutes, the points are reduced by one (1) point.
"1709(6). Whenever the Town of Avon reduces a traffic offense the reduced offense
and the points assessed for such reduced offense shall conform to the point assessment
schedule under Section 42-2-127(5), Colorado Revised Statutes."
(35) 10.04.120 Section 1701 amended - traffic offenses and infractions classified -
penalties - penalty and surcharge schedule. (Chapter 10.04, Model
Traffic Code)
Section 1701 of the Model Traffic Code is amended by the addition of the following language:
"1701(5). The penalty and surcharge schedule imposed for any moving traffic
violation under subparagraph 3 of Section 1701 are doubled if the violation occurs within a
school zone pursuant to Section 1415 or if a violation of Section 1903(1)(a) occurs.
"1701(6). The penalty and surcharge schedule imposed for any moving violation
under subsection 3 of Section 1701 are doubled if the violation occurs within any of the
residential areas as designated pursuant to Section 1416."
(36) 10.08.080 Violation - penalty. (Chapter 10.08, Restricted Use Areas)
Any person violating any provision of this Chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine not to exceed three hundred dollars ($300.00).
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(37) 10.12.060 Violation - penalty - impoundment. (Chapter 10.12, Emergency Lane
Parking Restrictions
(a) No person shall stop, stand or park a vehicle within any emergency lane designated
pursuant to this Chapter, except when necessary to avoid a conflict with other traffic, or in
compliance with the directions of a police officer or official traffic control device, or except for the
purpose of loading or unloading passengers when such standing does not obstruct, impede or
endanger any traffic.
(b) Every person convicted of a violation of this Section shall be punished by a fine up to
three hundred dollars ($300.00).
(c) In addition to issuing a summons and complaint for a violation of this Section, any Town
police officer may order any offending vehicle towed and impounded. Before the owner or agent
for the owner of any vehicle impounded pursuant to this Chapter is permitted to retake possession
of the impounded vehicle, he or she shall pay the actual costs of the towing and the daily storage
rate, computed on the basis of the number of days for which the vehicle was stored, to the Town or
its designated representative.
(38) 10.16.020 Violation - penalty. (Chapter 10.16, Parking Privileges for the
Handicapped)
Any person violating any provision of this Chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00).
(39) 10.18.040 Violation and penalties. (Chapter 10.18, Safety Belt Systems)
It is unlawful for any person to violate any provision hereof Any person who violates any
provision of this Chapter shall be punished by a fine of ten dollars ($10.00).
(40) 10.24.030 Violation - penalty. (Chapter 10.24, Vehicles Prohibited)
It is unlawful for any person to violate any of the provisions of this Chapter. Every person
convicted of a violation of any of the provisions of this Chapter shall be punished by a fine not
exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one hundred eighty
(180) days or by both such fine and imprisonment.
(41) 12.04.040 Violation - penalty. (Chapter 12.04, Construction Work Within Public
Ways)
Any person, firm or corporation violating any of the provisions of this Chapter shall be
deemed guilty of a violation of this Chapter, and any such person, firm or corporation shall be
deemed guilty of a separate offense for each and every day or portion thereof during which any
violation is committed, continued or permitted, and, upon conviction of any such violation, such
person, firm or corporation shall be punished by a fine of not more than three hundred dollars
($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and
imprisonment.
(42) 12.12.050 Violation. (Chapter 12.12, Railroad Crossings)
It is unlawful for any person or corporation to violate any provision of this Chapter or to fail to
comply with any duty imposed by this Chapter. Any person or corporation violating any provision
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of this Chapter or failing to comply with any duty imposed by this Chapter shall be deemed guilty
of a violation hereof and shall, upon conviction, be punished by a fine of not more than five
hundred dollars ($500.00) or by imprisonment for a period of not more than ninety (90) days or by
both such fine and imprisonment.
(43) 12.16.080 Violation - penalty. (Chapter 12.16, Sidewalks)
It is unlawful for any person to violate any provision of, or to fail to comply with any of the
requirements of, this Chapter. Any person who violates any provisions of this Chapter shall be
punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a
period of not more than one hundred eighty (180) days or by both such fine and imprisonment;
provided no person under the age of eighteen (18) years shall be punished by imprisonment.
(44) 13.04.010 Unauthorized tampering with systems. (Chapter 13.04, Use of Water
System)
(a) Unauthorized use. No unauthorized person shall uncover, use, alter, disturb or make any
connection with the water system without first obtaining a written permit from the Town.
Unauthorized uses of or tampering with the Town's systems include, but are not limited to, change
in customer's equipment, service or use of property, as defined in Section 13.05.110, an
unauthorized turn-on or turn-off of water service, burying valve boxes, and modifying any water
meter even though the same may be performed on a privately owned and maintained service line.
(b) Malicious damage to system. No person shall maliciously, willfully or negligently
break, damage, destroy, cover, uncover, deface or tamper with any portion of the Town's system.
(c) Violators prosecuted. Any person who shall violate the provisions of this Section shall
be deemed guilty of a violation of this Title.
(d) Violators fined. Any person violating any of the provisions of these rules and
regulations shall, upon conviction, be subject to a fine not to exceed the amount of one thousand
dollars ($1,000.00) or to imprisonment in the county jail for not to exceed ninety (90) days or to
both such fine and imprisonment. Such fine and costs shall also constitute a perpetual lien upon
the violator's property, or upon the property concerning which the violator was providing services
at the time of the violation in question, whichever the Town Manager deems appropriate. See
Section 13.05.150 regarding unauthorized connections.
(45) 13.04.150 Water restrictions - penalties for violation. (Chapter 13.04, Use of
Water System)
Any person using water in violation of Sections 13.04.120 through 13.04.140 shall be fined in
accordance with Subsection 13.04.010(d) and shall be charged at triple the ordinary rate for the
applicable billing period. Upon a second violation, the property shall be disconnected from
service.
(46) 13.08.100 Penalty for late payment. (Chapter 13.08, Rates and Charges)
(a) At any time the customer is thirty (30) days past due in payment of charges due the
Town, the Town shall assess an interest rate of one percent (1%) per month on the unpaid balance
including accrued interest, but not to exceed the maximum effective interest rate permitted by state
law. Customers will be notified on their bills when they are thirty (30) days past due. If the
charges become sixty (60) days past due, the customers will be notified on their bill and notice will
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be mailed by first class mail and posted on the premise that they have twenty (20) days from the
date of notice to pay the bill in full, including current, past due, penalty and interest charges or their
service will be terminated, a fee will be assessed in accordance with Section 13.05.180 and all
charges due the Town must be paid in full to return water service to the customer.
(b) The Town shall assess to any customer who is past due in payment of his or her account,
all legal, court, disconnection and other costs necessary to or incidental to the collection of said
account.
(47) 15.08.310 Penalty. (Chapter 15.08, Uniform Building Code)
Any person, firm or corporation violating any of the provisions of this Chapter or of the
provisions of the Uniform Building Code, Volumes 1, 2 and 3 named in the title of this Chapter, as
adopted and modified herein, shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of any of the provisions of any of the codes and
standards named in the title of this Chapter is committed, continued or permitted, and upon
conviction of any such violation, such person, firm or corporation shall be punished by a fine of not
more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine
and imprisonment.
(48) 15.12.070 Penalty. (Chapter 15.12, National Electrical Code)
Any person, firm or corporation violating any of the provisions of this Chapter, or of the
National Electrical Code named in the title of this Chapter, shall be deemed guilty of a
misdemeanor, and such person, firm or corporation shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions of any of
the codes and standards named in the title of this Chapter is committed, continued or permitted, and
upon conviction of any such violation, such person, firm or corporation shall be guilty of a
misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) or ninety
(90) days in jail or both.
(49) 15.20.120 Penalty. (Chapter 15.20, Uniform Plumbing Code)
Any person, firm or corporation violating any of the provisions of this Chapter or of the
provisions of the Uniform Plumbing Code named in the title of this Chapter, as adopted and
modified herein, shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of any of the codes and standards
named in the title of this Chapter is committed, continued or permitted, and upon conviction of any
such violation, such person, firm or corporation shall be punished by a fine of not more than one
thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and
imprisonment.
(50) 15.24.120 Penalty. (Chapter 15.24, International Mechanical Code)
Any person, firm or corporation violating any of the provisions of this Chapter or of the
provisions of the International Mechanical Code named in the title of this Chapter, as adopted and
modified herein, shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of any of the codes and standards
named in the title of this Chapter is committed, continued or permitted, and upon conviction of any
such violation, such person, firm or corporation shall be punished by a fine of not more than one
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thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and
imprisonment.
(51) 15.28.090 Maintenance, variances, construction code. (Chapter 15.28, Sign Code)
(a) Sign maintenance, repair and removal.
(1) Violation - notice. If the sign administrator finds that any sign is maintained in
violation of the provisions of this Code, said administrator shall given written notice of the
violation, by certified mail, to the owner or person entitled to possession of the sign, or the
owner of the property where the sign is located.
(2) Failure to comply - Town abatement. If the person fails to alter or remove the
sign so as to comply with this Code within fifteen (15) days after receipt of the notice, the
sign administrator may cause the sign to be altered or removed at the expense of the owner
or person entitled to possession of the property or sign, and shall, upon determination of the
expenses, certify them to the Town Clerk.
(3) Lien. The Town Clerk shall notify the owner or person entitled to possession of
the sign or property of the total costs incurred for the alteration or removal of the sign. If
that person fails, within thirty (30) days after the date of notification, to pay the entire costs
and expenses of the repair, alteration or removal, then the costs and expenses shall become
a lien against the property, and the Town Clerk shall certify them to the County Treasurer
for collection in the same manner as general property taxes are collected.
(4) Costs. The amount certified by the Town Clerk to the County Treasurer for
collection shall include the actual cost of repair or removal of the sign plus fifteen percent
(15%), and, in addition thereto, shall include an amount equal to ten percent (10%)
representing penalty and interest for the cost of collection.
(5) Maintenance required - enforcement. All signs in the Town shall be properly
maintained, to the satisfaction of the Planning and Zoning Commission, at all times. The
Commission shall have the authority to order the painting, repair or removal of a sign, and
accompanying landscaping, that constitutes a hazard to safety, health or public welfare by
reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Their
decision shall be subject to review by the Town Council, in accordance with the provisions
of Chapter 2.16. Notification shall be by certified mail. If, within fifteen (15) days, the
maintenance orders are not complied with, the sign administrator may order the sign
removed, at the owner's expense, under the provisions of Subparagraphs (1) through (4) of
this Subsection.
(52) 15.28.110 Penalty. (Chapter 15.28, Sign Code)
Any person, firm or corporation violating any of the provisions of this Chapter or of the
provisions of this Code shall be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of any of the codes and
standards named in the title of this Chapter is committed, continued or permitted, and upon
conviction of any such violation, such person, firm or corporation shall be punished by a fine of not
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more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine
and imprisonment.
(53) 15.32.260 Penalty. (Chapter 15.32, Uniform Fire Code)
Any person, firm or corporation violating any of the provisions of the Uniform Fire Code or
Uniform Fire Code Standards named in the title of this Chapter shall be deemed guilty of a
misdemeanor, and any such person, firm or corporation shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any violation of any of the
provisions of any of the codes and standards named in the title of this Chapter is committed,
continued or permitted and upon conviction of any such violation, such person, firm or corporation
shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for
not more than ninety (90) days, or by both such fine and imprisonment.
(54) 15.44.050 Penalty. (Chapter 15.44, Uniform Code for the Abatement of
Dangerous Buildings)
Any person, firm or corporation violating any of the provisions of this Chapter or of the
provisions of the Uniform Code for the Abatement of Dangerous Buildings named in the title of
this Chapter shall be deemed guilty of a misdemeanor, and any such person, firm or corporation
shall be deemed guilty of a separate offense for each and every day or portion thereof during which
any violation is committed, continued or permitted, and upon conviction of any such violation,
such person, firm or corporation shall be guilty of a misdemeanor and punishable by a fine of not
more than one thousand dollars ($1,000.00) or ninety (90) days imprisonment, or by both.
(55) 17.12.070 Violations - penalties and remedies. (Chapter 17.12, Administrative
Provisions)
(a) The erection, construction, reconstruction, alteration, moving, conversion or
maintenance of any building or structure and the use of any land, structure or building which is
continued, operated or maintained contrary to any provisions of this zoning code is declared to be a
violation of this zoning code and unlawful.
(b) Any person or corporation, whether as principal, agent or employee, who violates any
provision of this zoning code shall be, for each offense, punished by a fine of not exceeding one
thousand dollars ($1,000.00) or imprisonment for a period of not more than one (1) year, or by both
such fine and imprisonment. Each day any violation of this zoning code continues will constitute a
separate offense.
(c) The Town Attorney shall, immediately upon such violation being called to his or her
attention, institute injunctive, abatement or other appropriate action to prevent, enjoin, abate or
remove such violation. Such right of action shall also accrue to any property owner who may be
especially damaged by any violation of this zoning code.
(d) The imposition of any penalty under this zoning code shall not preclude the Town or
affected property owner from instituting any appropriate action or proceeding to require
compliance with the provisions of this zoning code.
(e) Any remedies provided for in this Section shall be cumulative and not exclusive and
shall be in addition to any other remedies provided by law.
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Section S. Additions or amendments to the Code, when passed in the form as to indicate the
intention of the Town to make the same a part of the Code, shall be deemed to be incorporated in the
Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after this Ordinance that amend or refer to ordinances that have
been codified in the Code shall be construed as if they amend or refer to those provisions of the Code.
Section 7. This Ordinance shall become effective seven (7) days after public notice following
final passage.
INTRODUCED this 23rd day of March, 2004.
ATTEST:
Patty McKenny, Town Clerk
(SEAL)
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ADOPTED AND ORDERED PUBLISHED on this
ATTEST:
day of , 2004.
TOWN OF AVON, COLORADO
Albert D., Reynolds, Mayor
Patty McKenny, Town Clerk
(SEAL)
APPROVED AS TO FORM:
John Dunn, Town Attorney
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MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 9, 2004
A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon,
Colorado in the Council Chambers.
Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney
John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Town
Engineer Norm Wood, Finance Director Scott Wright, Community Development Director Ruth
Borne, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director
Meryl Jacobs as well as members of the press and public.
Citizen Input
Public Works/Transit Director Bob Reed addressed the Council with regard to the results of the
transit survey conducted by his department. He noted that another round of surveys would be
conducted over St. Patrick's Day weekend. It was suggested that he speak with Beaver Creek
Resort Company to ask for participation in distributing the surveys and that the focus also be on
surveying riders on the skier shuttle.
Recreation Director Meryl Jacobs addressed the Council regarding the idea of a town
sponsored "BBQ in the Park" on weekends. After receiving some feedback, Jacobs would
continue to pursue the idea, talking first with local food vendors. There was support from
Council to do this especially when there are special events in the park.
Police Chief Jeff Layman introduced two new police officers, John Lovins & Josh Hotchkiss.
Ordinances
Town Attorney John Dunn presented Ordinance No. 04-03, Series of 2004, on second reading,
An Ordinance Amending Title 17, Municipal Code of the Town of Avon, as it relates to Hearings
on Zoning Amendments. He reviewed some of the requirements for public hearings in
connection with the approval of planned unit development ("PUD's") and amendments to PUD's
and outlined the recommended changes to the municipal code relating to public hearings. He
reiterated that this applies to only those applications submitted for zoning changes and that no
changes were made to the ordinance since first reading.
The public hearing was opened, no comments were made, and the hearing was closed.
Councilor D. Buckley moved to adopt Ordinance No. 04-03, Series of 2004, on second reading,
An Ordinance Amending Title 17, Municipal Code of the Town of Avon, as it relates to Hearings
on Zoning Amendments. Mayor Pro Tem McDevitt seconded the motion and it was approved
unanimously by a roll call vote. Councilor D. Buckley asked that the Town send a press release
about the passage of the Ordinance in response to public comments about the process.
Other Business
Councilor P. Buckley commended Public Works Department on job well done for the Town and
expressed his discontent with the banner hanging on the railroad noting that it is not something
the Town should be doing.
Town Attorney Report
Town Attorney John Dunn commented on two items as follows:
? Received a call that a complaint has been filed in District Court by Johnson & Repucci
requesting judicial review of Council's action of the adoption of the PUD for Lot 61. He
does not have a copy yet and no further details at this time. Further discussion was held
with regard to who was named in the lawsuit & what would happen next.
? Spoke with Munsey Ayers, an auditor has been selected to review the Town's municipal
services invoice. The Town would likely hear from them the first of April.
Mayor Report
Some discussion was held regarding a proposal from the Mayor to add some trees to the
roundabout. There was not enough support for this idea for several reasons, water
conservation issues and the design of the artwork (horses) did not include trees.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved
to approve the consent agenda; Councilor Brown seconded the motion and it passed
unanimously.
a. Approval of the February 24, 2004 Regular Council Meeting Minutes
b. Resolution No. 04-08, Series of 2004, A Resolution approving the Final Plat, a Resubdivision of
Lot 52, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, Located at 2470 Saddleridge
Loop
There being no further business to come before the Council, the meeting adjourned at 6 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
March 9, 2004
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