Loading...
TC Council Packet 04-13-2004STATE 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 APRIL 13, 2004, AT 3:00 PM AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:00 PM - 3:30 PM 1) 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 determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. Topics of discussion include Village at Avon and recent Court litigation over Lot 61. 3:30 PM - 4:30 PM 2) Council Committee Updates - Council members are assigned to several committees and update their progress. Water Update - Councilor D. Buckley Intergovernmental Agreement/1-70 Corridor - Mayor Reynolds & Councilor Sipes Non Profit Requests - Mayor Pro Tern McDevitt Eagle County Interface - Mayor Pro Tern McDevitt 4:30 PM - 5:00 PM 3) Transit Survey - (Bob Reed) The Transit Department will present an operations report, the results of the skier shuttle passenger survey recently completed, and report the survey perception about the new Beaver Creek Quad Lift to be installed next year at the Tarnes. 5:00 PM - 5:30 PM 4) Staff Updates a. Recreation Update, i.e. July 4th Sponsorship status, summer programs, film proposal (Meryl Jacobs & Fraidy Aber) - Staff will provide updates on these items. b. Water Rights Analysis Update (Norm Wood) - An update on the summary of information drafted related to the town's water rights, water consumption and corresponding development. 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 APRIL 9, 2004: ? Avon Municipal Building, Main Lobby ? Alpine Bank, Main Lobby ? Avon Recreation Center, Main Lobby ? City Market, Main Lobby Avon Council Meeting. 04.04.13 Message Patty McKenny From: John Dunn email Sent: Thursday, April 08, 2004 4:54 PM To: Patty McKenny Cc: Larry Brooks; Ruth Borne; Norman Wood Subject: For forwarding to council Council, Page 1 of 1 Following a hearing which lasted nearly five hours today, Judge Moorhead denied the Avon Town Center Homeowners' motion for a preliminary injunction. By way of explanation and background, before a court can grant a preliminary injunction, certain findings must be made. They are 1) there is a reasonable probability of success on the merits, 2) plaintiffs would otherwise suffer irreparable harm, 3) there is no adequate remedy at law 4) the public interest favors the granting of an injunction and 5) balancing of the equities favors entry of an injunction. Judge Moorhead found against Avon Center on all points. He first stated that he could not find that plaintiffs have a probability of success on the merits. As you know, Avon Center argued that the Town did not require a full subMittal under the Town's PUD ordinance. Moorhead reasoned, however, that what is important is what is considered by the Council and not what is submitted with the application. He next ruled that Avon Center would not experience irreparable harm. Avon Center had argued that, under the Town Center Implementation Plan, they had an expectancy of a view corridor over Lot 61. Moorhead held, however, that there is no protected interest in a view. He next ruled that Avon Center has an adequate remedy by participating in further hearings on design review before the Planning and Zoning Commission. He stated that any deficiencies could be cured-al that time. He next ruled that the public interest is best served by completion of the approval process. Finally, he ruled that the balancing of equities did not favor issuance of an injunction. I have asked for an executive session at your meeting next week. At that time I will answer any questions and let you know my thoughts on where this litigation is going from hear. This report can be part of the public record at next week's meeting. John 4/8/2004 Town of Avon Me To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From Scott Wright, Finance Director Date: April 7, 2004 Re: Sales Tax Worksheet Summary: Since Wal-mart vacated their site in July, 2003, Traer Creek, as part of the Annexation and Development Agreement, has been back-filling the lost sales tax revenues from that site. In order to have a consistent statistical comparison of sales tax collections subsequent to the vacating of the site, this back-fill revenue, referred to as the good-faith estimate in the Agreement, has been included in the sales tax worksheet. The monthly amount received for the good-faith estimate from August-December, 2003, was the same because it was unknown as to when and how much the sales tax revenues would be from Gart Sports, Pier 1, and Office Depot. However, it had been discussed and agreed to between Town staff and Traer Creek that prior to the February good-faith estimate being paid we would review the estimate and revise it according to information we had at that time. The amount was revised and was significantly decreased due to the sales tax actually received for the month of December, as well as projected to be received for January-July. Because the amount received from Traer Creek for the good-faith estimate in January, 2004 was significantly different that the amount received for February, the Town Manager has requested that I revise the sales tax worksheet to reflect an average amount for the good faith estimate to be received from February-July. I will be happy to discuss the calculation of the good-faith estimate and the sales tax worksheet in more detail during staff updates on Tuesday. Town Manager Comments: Attachments: A - Sales Tax Worksheet - Actual vs. Budget 0 0 0 0 0 0 0 0 0 0 o e mot 0 0 0 0 0 0 0 0 0 0 et C co O 0 0 0 0 0 0 0 0 0 0 n (0 O `? l!) 0 0 6 6 0 0 0 0 0 0 V N 0 0 0 0 0 0 0 0 0 0 E 0 0 0 cq s M (V C o) 04 (u O N (f? 69 N? m c p C14 Lo U (MD II U O 0) N N N M <t op Q9 d9 O{ O N O O I` M m r- M O N t() U) O t- co r- M m O O N O ti I` ? m It to N I- m m m m 0 O CO N a m N N <t m t Ln O c l! o0 Ih N N N CO -a 00 00 M I` M O 0 d' W N ?m U') t a r- N M d' ?} M OM M M M co M co I m d' L 64 69 L. W M COO N C O N (O M M O U) 't O (MD W LO co (D _N et m m ?N} m If) O N 00 r- C) O N (D M N M OJ O M O O O N ? Z M t N Q> 0C) co w m ?- N M M to m h O I?t O M m m O M'IT N O m In a1, O m N V M N M M M M co N (D LL 69 O O 00 N n m Z \ M 00 V O 00 M M U? O OOO lD I z O M `cY (O t- <! (D t- N N CO j m m oo N I, N It t!') 00 Cn OD p3) O Cl) ? NO h d' O M (D O O d' ti O? 00 O v/ O O ONO O M O M m M O N r- W Q N d It It N N M Cl) M Cl) Cl) Cl) (O (MD v ? ? 64 p I M h . (. O CO O M (n O U? U V .- (3i . to Ih N 8 00 dt Lo a0 I? M m (O (D 00 N (D N Cl) It O M CO oz O N (O O O O 00 co -It m (C) N C O O "t r M M N LO (D Cl) CY) It 'ct Lo co M m M M co (O co ? V U Q 69 60). 00 m ?t CO (D m N O O m co m 00 (f) m It CO CO ti) LC) m O m (n 10 M r- M r- C- N m LO co m (D r- It O M? tl- 00 t` N O O cc) m" q h t` n CD m N- ? r- (D N If) O (() O m I- LC) M 00 0) N M M VI' co N M <} V co (NM co (00 COO d' U3 m co (D 00 to (O O-?t m (D co cM to CND N co N M N M (D O W) to tO} M M M m pmt M m m't P- m (O cV} M M 0a?0 m m a0 m F- O M M M M (O M Co 'a O M M It M N co co M M N co LO LLNj V' 69 y3 O a 7 U- T ty 7 y E O (0 -?i LL 2 Q -=i Q U) o z 0 VON C O L O R A D O Tan,+icfAwn P.O. BcD(975 400 Bff drnark Road Awn, CdaaJo 81620 970-74&4005 Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager Date: April 7, 2004 Regarding: 1-70 Central Mountain Corridor Coalition Attached you will find an intergovernmental agreement to establish a coalition. The goal of the grass roots effort is to develop a united and broad based voice of concern for the lack of adequate funding for the Interstate 70 corridor in central Colorado. This effort has been initiated by those among us who are becoming increasingly concerned about this issue, and the consequences to our regional and state economy if it does not receive the priority-base attention it must have. Recent history in the state has seen multi jurisdictional efforts to address the future of the I- 70 corridor fail. Those have included CARTS and CIFGA coalitions, who have since dissolved. A number of our neighbors along the corridor, including Summit County, Breckenridge, Silverthorne, Dillon, Clear Creek County and Eagle County to name only a few governmental entities that I can remember; have already signed the agreement. It is my recommendation that the council take a similar action. We understand that some districts and private entities may also be interested. I would also suggest that if you approve this agreement, that you appoint an elected official to represent the Town's position. This is also a group in which I should be involved as a regular attendee or as an alternate. Memo To: Honorable Mayor, and Town Council From: Bob Reed, Director of Public Works and Transit Thru: Larry Brooks, Town Manager Date: 4/6/2004 Re: Transit surveys Summary: Attached you will find two surveys and summaries of each. The first is a survey of skier shuttle passengers only. It is more specific to how riders feel about the proposed changes in Beaver Creek and the new Tames lift. The second is more of an operational survey with questions specific to quality of service and what our riders would like to see in the future. The goal in each survey was to reach a sampling of visitors/guests, seasonal and year round residents. Discussion: In meetings with Beaver Creek we have heard discussions regarding changes in routes and the people they feel are affected by those changes. Specifically, we are being told at this point that we will no longer be taking passengers to Upper Village Plaza as part of our skier shuttle. Instead, we will be dropping skier shuttle passengers off at the new Tames lift on Prater Ln. As you are aware, there is no beginner terrain at that point, nor is there any access to Ski School. Beaver Creek officials felt that the people that stayed in Avon and rode this shuttle were not attending ski school and would not be affected by this change. We found that 21% of those surveyed were indeed attending ski school and another 10% were beginner skiers and would not be able to utilize the Tames lift anyway. Upper Village Plaza was the preferred destination by 79% of the people surveyed. Financial Implications: At this point, staff feels there would not be much difference in cost compared to the service we are currently providing. We would still be running the same number of hours, and moving the same number of people around (or more). Recommendations: Staff has no recommendations at this time and asks Council for guidance on this matter. Town Manager Comments: V G%%/??2?'LE 1 Table of Contents I. Introduction Purpose Research Objectives Methodology II. Summary III. Detailed Findings Passenger Type Bus Trip Purpose Ski School Usage Boarding Destination Beaver Creek Proposed Quad Lift Passenger Comments and Suggestions 2 I. Introduction Purpose This on board passenger survey research was conducted to help Avon Transit better understand the Skier Shuttle customer and to investigate perceived impacts of the proposed Beaver Creek Quad Lift. Research Objectives The specific objectives of this research were to : ? Explore the type of passenger using the Skier Shuttle including; area living/staying and length of time residing/ visiting in the area. ? Bus trip purpose at time of the survey ? Boarding destination ? Explore impact of Beaver Creek Quad Lift on service: • Ski school accessibility • Direct bus service to Beaver Creek Village vs. bus transferring • Paying for bus service Methodology Questionnaires were administered to riders on the Avon Skier Shuttle. Surveyors began the first session on Friday, February 6th and completed their inquires on Sunday, February gth Surveyors began the second session on Friday, March 12th and completed their inquires on Sunday, March 14th. The goal of the survey was to reach a sampling of visitors/ guests, seasonal and year round residents. 3 The following information shows routes utilized for the survey: Bus # Route Time Departure Location 830 A-400 05:00 a.m. - 07:30 a.m. Avon Center A-410 07:30 a.m. -11:15 a.m. Christie Lodge P-411 01:45 p.m. - 06:30 p.m. Christie Lodge 849 A-401 07:15 a.m. -12:00 p.m. Christie Lodge RA-402 11:30 a.m. - 03:30 p.m. Christie Lodge RP403 03:00 p.m. - 06:30 p.m. Christie Lodge 907 A-405 07:30 a. m. -10:15 a. m. Christie Lodge RA-406 09:45 a.m. - 02:15 p.m. Christie Lodge RP-407 01:45 p.m. - 06:30 p.m. Christie Lodge This chart reflects total Skier Shuttle route service and was utilized both for the Friday, February 6, 2004 through Sunday February 8, 2004 questionnaires and the Friday March 12, 2004 through Sunday March 15, 2004 questionnaires. II. Summary This report presents the findings of questionnaires conducted with 573 Avon Skier Shuttle passengers during Feb/March 2004. Passenger Type ? Three quarters of total Skier Shuttle passengers surveyed were Visitors/Guests (76%). Seasonal resident respondents were 12% with year round residents representing 12% of survey respondents. ? Of visitors/guests surveyed, 61% were planning on staying one week. 5% were staying two weeks. 34% chose other on the questionnaire, representing those staying less than a week along with day skiers. ? 37 % of the visitor/guests riding the skier shuttle were first time visitors to Avon. While 27% had been coming here for 1-3 years. Those expressing that they had been coming to Avon for 5-10 years and longer totaled 35%. A full 62% of all skier shuttle passengers were repeat guests. 0 ? For seasonal and year round residents 65% of those surveyed were residing in Avon. 1% were residents of Beaver Creek and 1% were from Edwards. 'Other" constituted 29% of seasonal and year round residents. Bus Trip Purpose ? Since this survey was conducted on a skier shuttle, 79% of all respondents were using this service to go skiing or boarding. 9% were going to or from work. 8% were using the skier shuttle service for shopping purposes. 4% of respondents listed "other" as their trip purpose which included those going snowshoeing, paragliding and to the medical center. Ski School Usage ? Of the 79% of respondents who were going skiing or boarding, 91% were either at the Intermediate (53%) or advanced (38%) level. 9% listed themselves at the beginner skier/boarder level. ? Those accessing ski school totaled 21 % of surveyed passengers. A full 79% surveyed were not going to ski school. Boarding Destination ? The lodges in Avon were boarding destinations for 71 % of survey respondents; with The Comfort Inn at 15%, Sheraton Mtn. Vista (10%), Christie Lodge (34%) and Beaver Creek West Condos (12%). ? 13% of Skier Shuttle riders boarded at the Avon Center. Chapel Square (3%), Eagle bend and Avon Crossing/Canyon Run each at 1 %, and "other" at 11 % made up the remaining boarding destinations. Beaver Creek Proposed Quad Lift ? 72% of respondents care about the drop off location to access the ski mountain. 6 ? Beaver Creek Village was the preferred drop off location of 79% of survey respondents. 21% would prefer the new Tarnes Quad Lift as a skier drop off location. ? 70% did not wish to change buses at the new Tarnes Quad Lift to reach Beaver Creek Village. 30% expressed a willingness to change buses to reach Beaver Creek Village. ? 80% did not wish to pay for bus service to Beaver Creek Village. 20% would pay for this service. ? 90% did not wish to pay for bus service to the new Tarnes Quad Lift, while 10% said they would pay for this service. ? Given the choice of paying for direct service to Beaver Creek Village, 31% would rather pay while 69% said they would transfer rather than pay. This indicates a higher resistance to fares than to transfers. ? 69% of passengers surveyed would be willing to transfer to a different bus at the new Tarnes Quad Lift for free service to Beaver Creek Village. tP Detailed Findings This report compiles and details survey findings conducted in February and March 2004. Passenger Information Type of Passenger Respondents % Visitor/Guest 411 76% Seasonal Residents 62 12% Year Round Residents 64 12% Base: Total Respondents 573 Length of Stay Respondents % One Week 251 61% Two Weeks 20 5% Other 140 34% Base: Total Respondents 411 Length of Time Coming to Avon/Beaver Creek Area Respondents % First Time 154 37% 1-3 Years 111 27% 5-10 Years 88 21% Longer 58 14% Base: Total Respondents 411 I Location of Residence for Seasonal and Year Round Residents Respondents % Avon 81 65% Beaver Creek 4 1 % Vail 0 0% Edwards 5 1 % Other 36 29% Base: Total Respondents 126 Bus Trip Purpose Purpose of This Bus Trip Respondents % To / From Work 47 9% To / From Shopping 46 8% To / From Skiing/Snow Boarding 439 79% Other 23 4% Base: Total Respondents 555 Ski School Accessibility Passengers Going to Ski School Respondents % Yes 103 21% No 395 79% Base: Total Respondents 498 Ability Level of Skiers/Snow Boarders Respondents % Beginner 1 46 9% Intermediate II 269 53% Advanced III 197 38% Base: Total Respondents 512 Boarding Destination Passenger Location Upon Boarding Respondents % Comfort Inn 80 15% Sheraton Mtn. Vista 55 10% Christie Lodge 181 34% Beaver Creek West Condos 64 12% Avon Center 70 13% Chapel Square 21 3% Rivers Edge 0 0% Eaglebend 3 1 % Avon Crossing/Canyon Run 3 1% The Aspens 1 0% Other 59 11% Base: Total Respondents 537 Beaver Creek Proposed Quad Lift Passenger Preference for Drop Off Location to Access Ski Mountain Respondents % Yes 379 72% No 147 28% Base: Total Respondents 526 Passenger Drop Off Location Preference Respondents % Tames Quad Lift 103 21% Beaver Creek Village 393 79% Base: Total Respondents 496 Passenger Willingness to Change Buses to Reach Beaver Creek Village Respondents % Yes 155 30% No 370 70% Base: Total Respondents 525 Passenger Willingness to Pay for Bus Service to Beaver Creek Village Respondents % Yes 106 20% No 418 80% Base: Total Respondents 524 Passenger Willingness to Pay for Bus Service to the Tarnes Quad Lift Respondents % Yes 52 10% No 456 90% Base: Total Respondents 508 Passenger Preference Respondents % Pay for Direct Bus Service to Beaver Creek Village 146 31% Transfer Buses at the Tarnes Quad Lift for Free Bus Service To Beaver Creek Village 325 69% Base: Total Respondents 471 ?D Passenger Written Comments and Suggestions Each survey participant was given an opportunity to write comments or offer suggestions. Passenger Comments and Suggestions • Fee is ok as long as it is not more than $1.00 • We carry backpacks to ski school lockers • Leave as is *(25 ) • Great people-good service-don't mess it up! • If using service to BC Village for work-should not have to pay for direct service if have an employee pass. • Great service, thanks! • Have rental car • Prefer to avoid high parking fees • Have rental car • Nominal fee only • Gondola from Avon Center • Don't spend $$ on lift, rather clean air bus • Want proposed total lift • Great service-would pay for it • Lift to Bachelor Gulch is idiots idea • Include fee in ECO monthly pass • Efficient bus service • Leave as is, but willing to pay • Prefer free bus service from Avon • Visitors can pay, but have direct service to BC with passes for employees who work in Beaver Creek • This is only free package in valley, don't ruin it • One shouldn't have to pay one's employer to ride a bus to work • Need buffalo ridge access • Like the free shuttle detachable gondola needed not "pulse" • Free buses are key • Need quieter non-polluting buses and friendly drivers • Bus drivers are great • 1 bought a unit @ the seasons because of this bus to BC. Don't stop it! • If have to pay people will ski in other cities • Bus to Vail from Avon should be free! • Have small kids and transfer is difficult • Neither, I don't want to pay at all • Wait until a full season of visitors can reply after 04-05 make decision • People like myself staying in BC Village use bus to come to Avon • Neither to question #14. Will go to Vail • Avon surely doesn't want to be the only ski town in NA to charge to go to the slopes. • You will screw this up royally if you drop us off at Tames. Don't do it. I spend bud $$ here every year. I will spend it somewhere else if you do. • Free rides are extremely helpful, convenient & bring spirit of Beaver Creek comfort & hospitality. • Free is good and an important reason we come to this location • Paying would work if I could put it on my pass resort charge • 1 would not come to Avon/BC to ski if you make changes to this bus service • We will go to Vail if you charge for buses • Haven't used the service before, but it is nice 0 Leave as is AVON <' U L C' k 4) C. 1. Are you in the area as a ? 2004 SKIER SHUTTLE SURVEY Visitor/Guest ( ) Seasonal Resident () Year Round Resident ( ) 2. As a Visitor/Guest, how long will your stay be? 1 week ( ) 2 weeks ( ) Other ( ) 3. As Visitor/Guest, how long have you been coming to the Avon/Beaver Creek area? First Time O 1-3 vears O 5-10 vears O Lonqer ( ) 4. If you are a seasonal or year round resident, where are you living? Avon ( ) Beaver Creek ( ) Vail ( ) Edwards O Other ( ) 5. What is the purpose of this bus trip? O To / from work O To / from shoppinq O Skiinq/Boarding O Other 6. If skiing/boarding, are you or anyone in your party going to ski school? O Yes O No 7. What level of skier are you? ( ) Beginner I ( ) Intermediate II ( ) Advanced III 8. Where did you board the bus? () Comfort Inn ( ) Avon Center () Avon Crossing/Canyon Run () Sheraton Mtn. Vista ( ) Chapel Square () The Aspens () Christie Lodge ( ) River Edge () Other () BC West Condos ( ) Eaglebend Beaver Creek is proposing a new quad lift to Bachelor Gulch that will board at the Tarnes Employee housing site on Prater Road in Beaver Creek (Please see map on reverse side). This location would be the new skier drop off. Only those who choose to transfer to another bus would be dropped off in Beaver Creek Village, which is now the current skier drop-off location. 9. Do you care where you are dropped off to access the ski mountain? ( ) Yes ( ) No 10. Would you prefer The new Tarnes Quad Lift or Beaver Creek Village? ( ) Tarnes Quad Lift ( ) BC Villaqe 11. Are you willing to change buses at the Tarnes Quad Lift to reach Beaver Creek Village? ()Yes ()No 12. Are you willing to pay for bus service to BC Village? O Yes O No 13. Are you willing to pay for bus service to the Tarnes? ( ) Yes ( ) No 14. Given a choice, would you rather: O Pay for direct bus service to BC Village? () Transfer to a different bus at the Tarnes for free service to BC Village? Comments \v 2004 ON BOARD TRANSPORTATION SURVEY General Passenger Survey for Avon Transit Table of Contents 1. Introduction Purpose Research Objectives Methodology II. Summary III. Detailed Findings Passenger Profile Bus Trip Purpose Boarding / Departure Destination Transportation Options and Awareness Quality of Service Passenger Comments and Suggestions I. Introduction Purpose This general on board passenger survey research was conducted to help Avon Transit better understand their passengers and to investigate the quality of service provided by The Town of Avon's bus system. Research Objectives The specific objectives of this research were to : ? Explore Ridership Profile ? Explore Frequency and Trip Purpose ? Explore Transportation System Options and Awareness ? Current Quality of Service Levels Methodology Questionnaires were administered to riders on the Hurd Lane Shuttle and Town Shuttle. Surveyors began the first session on Friday, March 19th and completed their inquires on Sunday, March 21St. Small samplings were conducted throughout the following week during peak times for locals. The goal of the survey was to reach a sampling of visitors/ guests, seasonal and year round residents. V The following information shows routes utilized for the survey: Route# Time Departure Location A-440 06:45 a.m. -11:45 a.m. Avon Center RA-421 11:00 a.m. - 03:45 a.m. Christie Lodge RP-421 03:15 p.m. - 07:15 p.m. Christie Lodge A-440 06:45 a.m. -11:45 a.m. Christie Lodge RA-441 11:30 a. m. - 04:30 p.m. Christie Lodge RP-442 03:30 p.m. - 07:15 p.m. Christie Lodge RP-450 06:30 a.m. -11:30 a.m. Christie Lodge This chart contains both Hurd Lane and Town Shuttle route service. Questionnaires were distributed to passengers on these routes for all survey sessions. II. Summary This report presents the findings of questionnaires conducted with 131 passengers during March 2004. This survey was conducted in both English and Spanish. Passenger Profile ? Year round residents made up 49% of all passengers surveyed. Seasonal residents were at 38% and visitors at 13%. ? Of the year round residents 92% resided in Avon with 1% residing in Edwards. 7% expressed residing elsewhere with either Eagle-Vail or Minturn written in as their place of residence. 44% of year round and seasonal residents have been living in the area for 2-5 years. 35% less than one year, 9% at 5-10 years and 12% longer than ten years. ? For visitors, 65% were staying in Avon. 12% were staying in Beaver Creek and 23% were staying in Edwards. 29% of these visitors were staying one week with 24% staying two weeks and the majority 47% specified "other". First time visitors to Avon totaled 53% of those surveyed. 35% had been coming here 1-3 years and 12% have been repeat visitors for longer than 10 years. G Bus Trip Frequency and Purpose ? Commuting to work was the leading reason for trip purpose, 59% of all respondents were using this service to get to/from work. 12% were using the bus for shopping purposes. 11% were using the Town of Avon Shuttles for personal business and 9% to/from school. ? Town of Avon bus riders used the system on average in any given week more than ten times (29%) with 20% expressing use of five times a week. Boarding / Departure Destination ? The Aspens Mobile Home Park was a key boarding area (42%) followed by Westgate (11%) and the Avon Center (10%). ? City Market was the destination of 38% of respondents. The Avon Center represented the destination of 28% of those surveyed on Town of Avon buses with 41% of total respondents transferring to a different bus to reach their final departure destination. Transportation Options and Awareness ? A full 57% of survey respondents did not have access to a vehicle for personal use. 33% had access to a vehicle for personal use sometimes. Most respondents would walk (66%) if the bus system did not operate. ? A slim margin marked the difference between passengers aware of who operates the free bus system (52%) with passengers who were not aware (48%). ? When asked about paying for service to the Village of Avon Wal-Mart and Home Depot stores, more passengers surveyed would not pay for this service (62%) than would pay (38%). C\, Quality of Service Levels ? The ratings on selected system attributes were high. The ratings reflect a high rate of passenger satisfaction with the bus system. ? Reliability of bus service, frequency of bus service and the safety of bus drivers ranked highest with 82% of respondents giving these areas an excellent or very good rating. e- III. Detailed Findings This report compiles and details survey findings conducted in March 2004. Passenger Profile Type of Passenger Respondents % Visitor/Guest 17 13% Seasonal Residents 50 38% Year Round Residents 64 49% Base: Total Respondents 131 Avon Beaver Creek Edwards Base: Total Respondents One Week Two Weeks Other Base: Total Respondents Location of Visitor Stay Respondents % 11 65% 2 12% 4 23% 17 Visitor Length of Stay Respondents % 5 29% 4 24% 8 47% 17 Visitor Length of Time Coming to Avon/Beaver Creek Area Respondents % First Time 9 53% 1-3 Years 6 35% 5-10 Years 0 0% Longer 2 12% Base: Total Respondents 17 Location of Residence for Seasonal and Year Round Residents Respondents % Avon 104 92% Beaver Creek 0 0% Vail 0 0% Edwards 2 1 % Other 8 7% Base: Total Respondents 114 Length of time Seasonal and Year Round Residents have been living here Respondents % Less than 1 year 40 35% 2-5 years 50 44% 5-10 years 10 9% Longer 14 12% Base: Total Respondents 114 Bus Trip Purpose Purpose of This Bus Trip Respondents % To / From Work 77 59% To / From Shopping 16 12% Medical Appointment 2 1 % School/College 12 9% To/From Recreation 6 5% Personal Business (bank, post office, etc.) 14 11% Skiing/Ski School 4 3% Base: Total Respondents 131 r' Boarding / Departure Destination Passenger Location Upon Boarding the Bus Respondents % Aspens Mobile Home Prk. 59 42% Avon Center 14 10% City Market 24 17% River Edge 6 4% Christie Lodge 4 3% Comfort Inn 2 2% Avon Recreation Ctr. 2 2% Westgate 16 11% Beaver Creek Elk Lot 0 Eaglebend 6 4% Avon Crossing/Canyon Run 6 4% Sheraton Mtn. Vista 2 1 % Base: Total Respondents 141 Aspens Mobile Home Prk. Avon Center City Market River Edge Christie Lodge Comfort Inn Avon Recreation Ctr. Westgate Beaver Creek Elk Lot Eaglebend Avon Crossing/Canyon Run Sheraton Mtn. Vista Base: Total Respondents Passenger Departure Destination Respondents % 14 10% 38 28% 52 38% 2 2% 0 0% 4 3% 4 3% 4 3% 6 4% 4 3% 0 0% 8 6% 136 Transfer Passengers Respondents % Yes 46 41% No 66 59% Base: Total Respondents 112 h- Transportation Options and Awareness Number of Times Passengers Use the Bus System Weekly Respondents % One 0 0% Two 2 2% Three 12 10% Four 10 8% Five 24 20% Six 8 6% Seven 10 8% Eight 12 10% Nine 0 0% Ten 8 7% More than Ten 36 29% Base: Total Respondents 122 Passenger Access to a Vehicle for Personal Use Respondents % Yes 12 10% No 70 57% Sometimes 40 33% Base: Total Respondents 122 If Bus Service did not Exist, How would your make this trip Respondents % Personal Vehicle 15 13% Taxi 8 7% Hitch Hike 10 8% Would not make the trip 2 1 % Walk 80 66% Other 6 5% Base: Total Respondents 121 Knowledge of Who Operates this Free Bus Service Respondents % Yes 62 52% No 58 48% Base: Total Respondents 120 X Passenger willingness to pay for service to Wal-Mart/Home Depot Respondents % Yes 46 38% No 74 62% Base: Total Respondents 120 Quality of Service Levels Excellent Very Good Good Fair Poor Base: Total Respondents Excellent Very Good Good Fair Poor Base: Total Respondents Excellent Very Good Good Fair Poor Base: Total Respondents Reliability of Bus Service Respondents 66 32 20 2 0 55% 27% 17% 120 Frequency of Bus Service Respondents 40 60 22 0 0 120 Safety of Bus Drivers Respondents 56 42 22 0 0 33% 49% 18% 47% 35% 18% 122 Excellent Very Good Good Fair Poor Base: Total Respondents Excellent Very Good Good Fair Poor Base: Total Respondents Excellent Very Good Good Fair Poor Base: Total Respondents Excellent Very Good Good Fair Poor Base: Total Respondents Excellent Very Good Good Fair Poor Base: Total Respondents Number of Bus Stops Respondents 36 48 28 5 0 31% 41% 24% 4% 118 Courtesy/Knowledge of Bus Drivers Respondents 42 46 28 2 0 36% 39% 25% 118 Quality of Bus Stops Respondents 32 58 22 8 0 120 Clarity of Bus Schedules Respondents 48 48 24 27% 48% 19% 6% 40% 40% 20% 120 Awareness of Bus Service Respondents 42 48 20 4 0 37% 42% 18% 3% 114 4- Passenger Demographics Age Respondents % Under 18 6 5% 18-24 50 40% 25-35 38 31% 35-44 14 11% 45-54 12 10% 55-64 4 3% 65+ Occupation Respondents % Sales 10 8% Manager/Professional 6 5% Homemaker 4 3% Food Service 32 26% Construction/Laborer 28 23% Technician/Administrative 2 1 % Student 14 11% Hospitality 10 8% Service 12 10% Retired 6 5% Base: Total Respondents 124 V Avon/Beaver Creek Transit Winter 2004 On Board Survey Sample Questions: 1. Are you in the area as a: Visitor/tourist { ) Seasonal resident { } Year round Resident { } 2. If you are a visitor/tourist, where are you staying? Avon { } Beaver Creek { } Vail { } Edwards { } Eagle-Vail { } Other { } 3. If you are a seasonal or year round resident, where are you living? Avon { } Beaver Creek { } Edwards { } Eagle-Vail { } Other { } 4. If your are a visitor/tourist, how long will your stay be? 1 week { } 2 weeks { } Other { } 5. How long have you been coming to the Avon/Beaver Creek area? First Time { ) 1-3 years {} 4-6 years { } Longer o } 6. If you are a resident, how long have you lived here? Leas than 1 year { } 2-5 years { } 5-10 years { } Longer { } 7. What is the purpose of this trip? { } To / from work { } To / from recreation () Other { } To / from shopping { } To / from school/college { } Medical Appt. { } Personal business (bank, post office, etc.) { } School / College O Skiing / Ski School 8. Where did you board the bus? { } Aspens Mobile Home Park { } Christie Lodge { } Beaver Creek Reception Ctr. { } Avon Center { } Comfort Inn { } Eaglebend { } City Market { } Avon Recreation Ctr. { } Avon Crossing/Canyon Run { } River Edge { } Westgate { } Sheraton Mtn. Vista 9. Where will you get off the bus? { } Aspens Mobile Home Park { } Christie Lodge { } Beaver Creek Reception Ctr. { } Avon Center { } Comfort Inn { } Eaglebend { } City Market { } Avon Recreation Ctr. { } Avon Crossing/Canyon Run { } River Edge { } Westgate { } Sheraton Mtn. Vista 10. Will you be transferring to a different bus to reach your destination? {) Yes, transferring where () No, final destination - 11. Resident - How often do you ride the bus in an average week? Visitor - How often will you use the bus system during your stay? 1 2 3 4 5 6 7 8 9 10 More than 10 times (circle answer) 12. Do you have access to a vehicle for your personal use? { } Yes, always { } No { } Sometimes 13. If this service did not operate, how would you make this trip? { } Personal Vehicle { } Taxi { } Hitch hike { } Would not make trip { } Other { } Walk 14. Do you know who operates this free bus service? () Yes () No 15. Would you be willing to pay for shuttle service to and from Walmart/Home Depot? () Yes () No 16. Please rate the quality of service: Excellent Very Good Good Fair Poor 17. Reliability of Bus Service { } { } { } { } { } 18. Frequency of Bus Service { } { } { } { } { } 19. Safety of Bus Drivers { } { } { } { } { } 20. Number of Bus Stops { } { } { } { } { } 21. Courtesy/Knowledge of Bus Drivers { } { } { } { } { } 22. Quality of Bus Stops { } { } { } { } { } 23. Clarity of Bus Schedules (} { } { } { } { } 24. Awareness of Bus Service { } { } (} { } { } 25. What is your age? ( } Under 18 { } 18-24 (} 25-35 (} 35-44 { } 45-54 { } 55-64 ()+65 26. What is your occupation? { } Sales (} Construction/Laborer { } Student (} Managerial/professional { } Technical/Administrative { } Service/Sales { } Homemaker { } Unemployed/Retired { } Food Service { } Hospitality Additional Comments Memo To: Honorable Mayor & Town Council Thru: Larry Brooks, Town Manager From: Meryl Jacobs, Fraidy Aber C t'" G Date: April 7, 2004 Re: Salute sponsorship update Summer programs & events Avon Lakeside Cinema proposal Summary: Staff is gearing up for a busy summer season and will be present at the town council work session on April 13th to discuss the topics listed above. Suggestions and questions will be welcomed. Town Manager Comments: SALUTE SPONSORS TO DATE: Following is a list of sponsors to date. There are still of number of business that we are waiting to hear a final answer from - although they are definitely committed at some level. Stars: (10,000) Beaver Creek Resorts Stripes: (6,000) Western Enterprise Traer Creek Home Depot Eagle County Coors Light (3,000 plus in kind) Sparklers: (1,000) Beaver Liquors Avon Business Association Slipher, Smith and Frampton Alpine Bank First Bank (2,000) Stan Bernstein Christie Lodge (500 plus rooms) Total Committed to Date: $43,500 OPEN: Walmart (min 1,000) City Market (min 1,000) Beaver Creek West Gart Sports Pier One Office Depot Chevrolet And more... 2004 CALENDAR OF AVON'S SPECIAL EVENTS May 29 OPENING DAY NOTTINGHAM LOG CABIN Avon will welcome in summer on this holiday weekend with the opening of the Log Cabin. Paddles, row boats, bike, and scooter and fishing rod rentals, will be available throughout the season. June 5 NOTTINGHAM LAKE FISHING DERBY: Children under 15 are invited to get out and enjoy free fishing during the first day of National Fishing and Boating Week by entering in the annual Fishing derby at Nottingham Lake. The Town of Avon, Holy Cross and Eagle Ranger Districts, and the Colorado division of Wildlife sponsors the event. A limited supply of fishing poles will be available and prizes will be awarded for various categories! June 14 SOMETHING FUN SUMMER DAY CAMO OPENING DAY. This year's camp, open to 5 - 12 year olds, will run 5 days a week from 7:30 - 5:15. The camp will be moving from Avon Elementary to the Log Cabin and Rec Center as its home base. Activities will include swimming, paddle boating, tennis, group sports and more. Various field trips will be scheduled weekly throughout the summer. Registration for Avon residents opens April 26 and open registration is May 3. June 25 - 29 VAIL LACROSSE TOURNEMENT is one of the most prestigious annual Club Lacrosse Tournaments in the world. Teams converge from all over the country to compete in 10 divisions, starting from under 13 all the way to elite. A number of the games are played in Avon's in Nottingham Park from June 25-29; the tournament runs through July 4. Details are on vwvw.vaillacrosse.com. June 28 THE GREAT RACE The Great Race is the oldest Vintage Car Road Race in the Country. All participating vehicles must be at least 45 years old. This year's race begins in Jacksonville, Florida and in two weeks travels through 40 cities all the way to Monterrey, California. The Racers will be stopping in Avon on Monday June 28m for a Pit Stop and Gas Stop. Visitors can see the cars, speak with the drivers and welcome them to Avon. www.greatrace.com July 3 SALUTE TO THE USA: Over 10,000 shells explode in the sky above Avon during COLORADO ROCKIES's LARGEST display that is choreographed to a musical score simulcast on 97.7 the Zepher. But that's not all. The Concert and children activities begin at 5:00, and vendors serve out food and drink. This year's headliner is zydeco superstar C.J. Chenier and the Red hot Louisiana Band. The grand finale fireworks display kicks-off at 9:45 over Nottingham Lake. July 10 TRIPLE BYPASS BICYCLE TOUR: The T.B.B.T tour is a 120 miles ride with over 10,000 feet of elevation gain. And yet, over 3,000 riders dare it every year. It starts in Evergreen and climbs over Squaw Pass, Loveland Pass and over Vail Pass to the finish line in Avon at Nottingham Park. For more information log on to www.teameverareen org. July 16-18 THUNDERBIRD ARTS FESTIVAL: This juried arts festival exhibits in outdoor settings throughout Arizona, Colorado and California. The show features paintings in all mediums, batiks, mixed media, clay, copper and stone sculptures, etched and stained glass, pottery & more. This year this event is moving to Nottingham Park and will feature wine tasting and food. June 1 1 91 1 TRAINING CAMP FOR KIDS This free one-day event will introduce youth ages 9-1 1 to the Emergency Medical Service agencies in Eagle County. Activities will include an introduction to water safety and rescue, swimming/lifesaving techniques, CPR and first aid, traffic and fire safety and a self-defense/personal protection class. Sign Up at Avon Rec Center. July 23, 30 & August 6, 13, 20, 27 AVON'S LAKESIDE CINEMA - proposed dates Gather friends and family and stretch out on Nottingham Field and for Avon's New Lakeside Cinema - and outdoor film series on Summer Friday nights. Each week a large screen will be erected and classics and favorite films will be shown at dark. Vendors will have concessions. July 29th AMERICAN CROWN CIRCUS This Circus is family entertainment at its best. America's newest and most beautiful circus is a family acrobatics circus. You will get to see acrobats, jugglers, aerialists, balancers and clowns. There will be two shows (6:00 pm and 8:00 pm) at Nottingham Park. There are no exotic animals in the performance and the MCs are bilingual. July 31 ANGELS IN ACTION (Date may change) This race is to benefit Crissa Lea Swimford Memorail Scholarship Fund. The 5K race is a timed event as well as a fun run/walk. The route starts in at the Log Cabin and continues down the bike path and returning to the finish line in Nottingham Park. August 13, 14, 15 AVON ANTIQUE SHOW Three days of antiques in Nottingham Park, August 29th AVON HIGH COUNTRY TRIATHLON/DUATHLON Triathletes swim 800 yards in the Avon Recreation Center pool followed by a challenging 14 mile vertical bike ride through Bachelor's Gulch and a 5-mile run through Nottingham Park and along the bike path to Arrowhead and back to the finish line in Nottingham Park. Race begins at 7:30 am. Registration opens April 15. September 19 - 24 STEAMING TO STEMABOAT. This tour is open to production steam cars (models prior to 1930) and 25 cars - with drivers from around the world are expected. The cars will start in the heart of Colorado Country at the height of the fall color season. The tour begins and ends in Avon and the tour will steam up to Steamboat Springs (85 miles) for three nights. A welcome event is being planned for the first weekend. October Z-4 VAIL VALLEY SOCCER INVITATIONAL TOURNAMENT Soccer fans come out and watch 80 Front Range and western slope youth soccer teams battle for the VVS Invitational cup. Avon's Lakeside Cinema WhatP A new outdoor film series could come Nottingham Park this summer - Avon's Lakeside Cinema. It would run for six weeks in the height of the summer from mid July to mid August and will feature favorites and classics for all ages. Pre-film activities will include local bands and other recreational activities including large yoga classes, sports equipment demos and visiting performers. Vendors will sell food and drink and raffle prizes will be awarded through the evening. IPWhereV Avon's Lakeside Cinema is named for the magical site where it will take place, the field in Nottingham Park alongside the Lake. With awesome 360-degree views of the surrounding mountain ranges, this spectacular site encompasses 45 acres, including a full size soccer field, picnic areas, a children's playground, beach volleyball, and running trails. Park amenities include hundreds of free parking spaces within close walking distance, two restroom structures, electricity, lit night paths, paddle bots, bike, and canoe rentals, and bike access to neighboring communities. The screen will sit on the southern side of the field facing north. The sunset will be visible to the west each evening. VWh0V Outdoor Cinemas are crowd pleasers all over the country. We are conservatively estimating over 1,000 attendees per evening. Avon's lakeside cinema will attract locals as well as weekenders and road trippers. Friends and families will come out and visit vendors before the movie and then settle in for the evening's feature. The Outdoor cinema is an activity for all ages - young and old, even including teens. VIn 2004'W We are receiving great support for our inaugural year. The Vail Daily has tentatively committed extensive paper coverage and free advertising for the series. Local radios have expressed willingness to work on marketing and advertising initiatives for the series. The ABA is willing to coordinate local business and programs around the evenings, including raffles each week and a large prize package at the final evening. We have collectables and business ties that can be planned into the series as well. V?- 0 N ; LAKESIDE CINEMA BUDGET. Item Specifications Cost Proposed Budget Video Projection System (One Time Cost) Screen 13'x 17' 4,289 Dvd player progressice scan player 170 Projector min. 500 lumens 6500 Speakers 800 Speaker Wire (4) 50 foot cables 160 Extension cords 100 Scaffolding (to affix screen) 2000 Tools 200 Subtotal 14,219 Promotion and Branding Banners alongside screen 2000 Advertisement 1500 Graphic Design 500 Poster Printing 500 Subtotal 4000 Nightly Operational Costs Movies (each film 150 - 400) 300 Misc. Supplies rope, bungee, tape 25 Staff Time 250 Subtotal (Nightly) 575 TOTAL 2004 6 shows 21,669 ?005 6 shows 7.415 LAKESIDE CINEMA FUNDING: Sponsors will be solicited for the series. In lieu of sufficient funding, we could charge viewers $ I - which would help defray costs) Level Amount Action 10,000 Light 5,000 Camera 2,000 Supporting 1,000 Expected Commitment hopeful 2 sponsors 3 sponsors 5 sponsors TOTAL: 21,000 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: April 8, 2004 Re: Water Rights Analysis Summary: Draft Memorandums from Leonard Rice Engineers, Inc., dated April 5 and April 8, 2004 are attached for your information. These Memorandums contain a summary of information related to the Town's water rights, water consumption and corresponding development. We are still working with Les Botham to clarify the presentation of the information in the analysis and to identify related information that may help in understanding our current and projected future position with respect to water rights and potential development. Some of the issues we expect to clarify further prior to completion of the Final Draft include: 1) Correlate LRE Analysis with UERWA Analysis 2) Identify and separate non-development related consumption from development related consumption 3) Identify and reassign water consumption, on a pro-rata basis, for common facilities such as the Water Treatment and Sewer Treatment Plants used by other water related entities 4) Establish projected water rights requirements per unit of development to help evaluate development proposals that exceed current approved density 5) Project maximum development that can be developed under the Town's existing water rights We anticipate meeting with the Upper Eagle Regional Water Authorities water engineer and water attorney as quickly as a meeting can be arranged to try and resolve discrepancies that may exist in the two analyses and to develop a method to address development proposals that may exceed current projections. Our goal is to resolve these issues prior to finalization of the report and possible modifications to the water rights lease agreement with the UERWA. No action is requested at this time, but we would like to have any questions or comments related to this issue. This will help in finalizing the report. 1 AEngineering\WaterAWater Rights\Report Memo.Doc Town Manager Comments: • Page 2 DRAFT MEMORANDUM TO: Norm Wood FROM: Leslie Botham and Mary Presecan CC: Gary Greer FILE: 269AMD DATE: April 8, 2004 RE: Water Required for Development COMPARISON WITH THE CONDITIONS IN THE LEASE Per the current lease with UERWA (the Authority), the Town of Avon (Avon) is limited to the following: "348.17 acre-feet of water leased to the Authority will serve no more than 3975 SFE." As of the end of 2003, Avon's estimated SFE total was 3,102.4. This is 78.0% of the 3,975 limit imposed by the Authority in the current lease. Leonard Rice Engineers, Inc. (LRE) computes Avon's augmenting requirement for calendar year 2003 to have ranged between 227.8 to 256.7 acre feet. This is 65.4 to 73.7 percent of the 348.17 acre feet of fully consumable credits leased to the Authority. The low estimate assumes that the volumes of water reported as diverted for the water treatment plant (AWTP) and the wastewater treatment plant (UEVSD) represent the total of all the water diverted at those facilities, and that Avon is responsible for a portion of the total (1/6 for UEVSD and 1/10 for AWTP). The high value assumes that the total reported is Avon's portion, and that the total diverted at each facility is much larger. LRE estimates that 3,975 SFEs will only require 284.2 to 322.3 acre feet of credits. Conversely, LRE estimates that 348.17 acre feet of credit will serve 4,369 to 5,119 SFEs. COMPARISON OF LEASE, WILLIAMSEN, AND LRE ESTIMATES OF AUGMENTING REQUIREMENT RATIOS • The current lease establishes a ratio of augmenting requirement per SFE of 0.088 (348.17 /3,975). • Williamsen, in the Helton and Williamsen report to the Authority dated 1/22/2002, established a average-year ratio of 0.080 (336.3/4,228), and a high-year ratio of 0.086 (365.2/4,228). Both of these ratios are lower than the value in the current lease. Williamsen may have made other computations, since the 1/22/2002 report. • LRE computes a range for this ratio for calendar year 2003 from 0.077 to 0.086; see description above for the low and high conditions. Both of these ratios are lower than the current lease ratio. • LRE projects that the ultimate development (4,641 SFEs) ratio will decline slightly, to a range of from 0.069 to 0.079. While we expect that the per-SFE ratio will go down for the future (because of the fixed accounts), the values may not be this low. This is because the projected increase in irrigated area appears to be much larger than the LEONARD RICE ENGINEERS, INC. 2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAX (303) 455-01 1 5 Draft Memorandum to Norm Wood April 8, 2004 Page 2 projected increase in SFEs. See qualifying discussion below concerning the "current approach." • These four points of view (lease, Williamsen, and LRE) are shown graphically on the chart below. PROJECTED ULTIMATE AUGMENTING REQUIREMENT Using the current approach, LRE projects that the ultimate augmenting demand will be from 321.5 to 365.9 acre feet. The current approach is based on: • calendar year 2003 metered water demand (adjusted for the increasing SFEs) and pumping from the lake; • subtracting the fixed account (pumping from the lake, potable irrigation taps identified by Norm Wood (medians, etc.); • projecting the future demand for the "floating" accounts to 4,641 SFEs; • Adding back in the fixed accounts; and • Applying the monthly depletion factors. We believe these results are somewhat low because projecting the future floating demand on the basis of SFEs doesn't take into account the fact that the irrigated area associated with the floating accounts is expected to grow at a larger rate than the SFEs. We think we should take more time to study this further. AMD.MTF.040704.doc LEONARD RICE ENGINEERS. INC. 2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAX (303) 455-01 1 5 DRAFT MEMORANDUM TO: Norm Wood FROM: Leslie Botham and Mary Presecan CC: Gary Greer FILE: 269AMD05 DATE: April 5, 2004 RE: Future Water Use Analysis On January 22, 2002, Helton & Williamsen, PC prepared an Analysis of Water Rights, Future Water Use, and Related Water Right Issues for the Town of Avon. Upon review of that report the Town of Avon (Avon) identified various issues requiring a more detailed look. Items requiring additional analysis included the following: 1) What is an accurate estimate of ultimate projected growth and therefore estimated SFE's for Avon? 2) How much area is currently irrigated within Avon? What is the estimate of future irrigated area in Avon? 3) Does Avon have sufficient consumptive use credits to meet current and future needs? 4) With multiple years of data, does anything about Avon's augmentation plan need rethinking? Avon Existing and Estimated SFE's Upper Eagle River Water Authority (UERWA) and Avon have different systems for measuring development. UERWA utilizes a single family equivalent (SFE) unit of measurement for residential and commercial development. Avon utilizes a system of domestic units (DU) to measure residential and commercial development. Much work has been done and is currently being done to reconcile the differences between SFE and DU. Avon believes it is important to reconcile these differences because the DU unit of measurement is the unit of measurement used in Avon's augmentation plan (84CW225) and in subsequent modifications to that plan. In addition, Eagle River Water and Sanitation District (ERWSD), a division of UERWA, reports water consumption on an SFE basis. For Avon to be able to use the water consumption information for analysis purposes it is important to understand the SFE unit of measurement. The task of reconciling differences between SFE and DU is an ongoing process in which Avon is actively involved. This memo will not attempt to reconcile any of those differences. This memo will however summarize where Avon currently is in the process. By looking at every water account in the Town, Avon has determined the existing SFE count in Avon. Results of this work and a comparison to ERWSD are presented in Table 1. Upon review of this information by LRE, those accounts inside the Avon Metro area, not within the city boundary but supplied with Avon water were included. The two accounts included in the existing SFE count included 5.2 SFE for McGrady Acres in Avon Metro not within Avon and 1.5 SF_E for Vail Associates Red House. The existing SFE count for Avon as of December 31, 2003 is 3,102.4. The ERWSD existing SFE count for the same accounts as of December 31, 2003 is 3,079.6. LEONARD RICE ENGINEERS, INC. 2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAx (303) 455-01 1 5 Draft Memorandum to Norm Wood April 5, 2004 Page 2 Table 1 Existin SFE's as of December 31, 2003 and Estimated Future SFE Avon ERWSD SFE's as of December 31, 2003 3,102.4 3,079.6 Future Estimated SFE 4 641 An analysis of future SFE count was performed by Avon based on current zoning patterns. Based on current zoning, Avon projects their future SFE count will be 4,641. This estimate includes the McGrady Acres and Vail Associates Red House developments previously discussed and the 200 estimated SFE for Avon Station, as identified in the 1990 Avon augmentation plan. In addition, it includes 5.8 SFE for the Avon Wastewater Treatment Plant (called UEVSD in the Town of Avon Lot Development Summary). Based on Avon's current and future estimated SFE's, Avon is projected to grow by 49.6% with respect to SFE. Current and Future Irrigated Area Avon has been in the process of determining current and estimating future irrigated area in the town. LRE reviewed the work done by Avon and made the following additions for the purpose of this analysis. For the Avon Station development, 1.8 acres of future irrigation was included per the 1990 Augmentation Plan. Irrigated area was included for the McGrady Acres and Vail Associates Red House developments previously discussed. For the purpose of this analysis, each lot was assumed to have 0.3 acres irrigated area (the average irrigated area per lot for Avon is 0.3 acres per lot). The Vail Associates Red House is assumed developed as of the 1998 reference date of the Avon analysis and of the 9 irrigable lots in McGrady acres, 3 are assumed developed. Current and estimated future irrigation in Avon are summarized in Table 2. Table 2 Current and Future Irrigated Area Total Irrigated Area Current Irrigated Area 79.9 acres Current Potable Irrigation 54.7 acres Current Non-Potable Irrigation 25.20 acres Future Potable Irrigation 92.35 acres Future Total Irrigation 117.55 acres Current conditions includes potable and non-potable irrigated area. b/ Future total irrigation assumes no increase in non-potable irrigation. Based on the irrigated area analysis performed by Avon, potable irrigation is projected to increase by 68.8 percent. Consumptive Use Requirements To evaluate the question, "Does Avon have sufficient consumptive use credits to meet their current and future needs?" LRE conducted two different analyses. The first analysis was a modification of the analysis performed by Tom Williamson in the January 22, 2002 Town of Avon Report. The second analysis was a focused look at 2003. ICV LEONARD RICE ENGINEERS, INC. 2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • Fax (303) 455-01 1 5 Draft Memorandum to Norm Wood April 5, 2004 Page 3 For the first analysis, LRE modified the H&W approach in the following ways: 1) Incorporation of 2002 SFE and water consumption data provided by Tom Williamsen, 2) Adjustment of lake evaporation for the existing development conditions, 3) Incorporation of average Nottingham Lake pumping data for non-potable irrigation, and 4) Projecting future demand based on Avon's modified future SFE projection. For the second analysis, LRE focused on the data available for 2003. 2003 was chosen as the focus year because it is the most recent available data and because Avon was more comfortable with their understanding of what data were reported. The detailed 2003 analysis included the following components: 1) Non-potable irrigation was provided by Avon as the amount pumped out of Nottingham Lake in 2003. 2) Average lake evaporation is based on the Avon's measurement of the surface area of Nottingham Lake and the associated sedimentation basin. 3) The SFE development by month was calculated from the known number of existing SFE as of December 31, 2003 and the 2003 monthly certificates of occupancy and temporary certificates of occupancy granted by Avon. 4) The monthly water consumption was determined from ERWSD metered deliveries by tap. Irrigation and sprinkler accounts were included in the metered delivery per day per SFE. 5) The 2003 detailed analysis was projected forward based on Avon's projected future SFE count of 4,641 SFE. Through a review of the accounts, it was found that accounts existed for the Avon Water Treatment Plant (AWTP) and the Upper Eagle Vail Sanitation District (UEVSD) (referred to locally as the Avon Wastewater Treatment Plant). In 2003, the annual consumption at AWTP was 41.940 million gallons (128 acre-feet) with no associated SFE. The UEVSD account had an annual total consumption of 6.949 million gallons (21 acre-feet) and 5.8 SFE in 2003. LRE has been in communication with various members of ERWSD to understand how these accounts, their water consumption, and their associated SFE are incorporated into Avon's annual water consumption. In a telephone conversation with Becky Bultimeyer, ERWSD CPA in Utility Billing, it was leaned that approximately 10 different entities are serviced by the AWTP and 6 different entities are serviced by UEVSD. Until clarification of how the AWTP and UEVSD account are handled with respect to multiple entities, the following assumptions were made. • The first scenario assumes that the amount reported on the ERWSD annual water consumption report already takes into consideration the various parties serviced by the two entities. As such, the water consumption reported in the ERWSD report is that proportion of the total amount of water for which Avon is responsible. This first scenario is referred to as the High scenario. • The second scenario, the Low scenario, assumes that Avon is responsible for 1/10`h of the AWTP water consumption and 1/6`n of the UEVSD water consumption. Table 3 LEONARD RICE ENGINEERS INC. 2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAx (303) 455-01 1 5 Draft Memorandum to Norm Wood April 5, 2004 Page 4 summarizes the results of the detailed 2003 analysis and the modified H&W approach in comparison to the original analysis presented in the January 22, 2002 H&W report. Table 3 Comparison of Different Analyses of Predictions of Water Demand and Depletion Original H&W Analysis LRE Modified LRE Detailed January 22, 2002 H&W A roach 2003 Analysis Avg Year = 336.3 a /year Avg Year = 351.4 a /year High (Domestic and Irrigation - including all AWTP and UEVSD a/ = 365.8 af/ ear High Year = 365.2 a /year High Year = 375.6 a /year Low (Domestic and Irrigation - excluding a portion of AWTP - UEVSD a/ = 321.3 af/ year SFE's = 4,228 SFE's = 4,641 SFE's = 4,641 a/ Detailed 2003 analysis evaluated a high and low consumptive use requirement. The high end of the range assumes the total amount of water consumed and reported at the Avon Water Treatment Plant (AWTP) and the Upper Eagle Vail Sanitation District (UEVSD) and the 5.8 SFE associated with UEVSD are within the amount requiring augmentation by Avon. The low end assumes the AWTP and UEVSD water use and associated SFE are not included in the amount requiring augmentation coverage b Avon. The detailed 2003 analysis results in the broadest range of consumptive use requirement for Avon. Assuming Avon's right to 448 acre-feet of consumable water, the excess historic consumptive use credits at build-out will be between 82.2 and 126.7 excess credits. Additional Comments 1) While it is not necessary to include the same contingency applied to the original augmentation plan, Avon may consider it desirable to have some reduced amount of contingency built into their plan. A 5% contingency on SFE would add an additional 232 SFE to the future projection. The resulting consumptive use requirement for the 4,873 SFE would range from 381.1 to 334.2 required credits for the high and low range of the detailed 2003 analysis. 2) Based on Avon's current and future estimated development, Avon is projecting to grow by 50 percent with respect to SFE's and 69 percent with respect to potable irrigation. Based on this information, the detailed 2003 analysis and the modified H&W analysis would tend to underestimate the demand associated with the increased irrigation. The consequence of irrigated area growing more than SFE relates to monthly depletion factors. If irrigated area growth is greater than SFE growth, decreed monthly depletion factors will underestimate required depletions. If irrigated area growth is less than SFE growth, decreed monthly depletion factors will overestimate the depletions and therefore overestimate the consumptive use credits to meet current and future needs. Conclusions 1) The Town of Avon has a total of 448 acre-feet of consumable water to be applied as consumptive use credits for development. LEONARD RICE ENGINEERS, INC. 2000 CLAY STREET, SUITE 300, DENVER, COLORADO 60211-5119 • PHONE (303) 455-9589 • Fax (303) 455-01 1 5 Draft Memorandum to Norm Wood April 5, 2004 Page 5 2) As of December, 31 2003, Avon has 3,102.4 SFE which includes 5.8 SFE for UEVSD, 5.2 SFE for McGrady Acres located in Avon Metro outside Avon's town boundary, and 1.5 SFE for the Vail Associates Red House. 3) Avon is expected to grow to 4,641 SFE. There is no contingency associated with this projected build-out number. 4) At build-out of 4,641 SFE, Avon's consumptive use requirement ranges from 321.3 to 365.8 acre-feet per year. 5) At build-out of 4,641 SFE, Avon's excess consumptive use credit will range from 126.7 to 82.2 acre-feet per year. 6projects\269amd\lre analysis and deliverables\amd.memo. 032604.doc LEONARD RICE ENGINEERS, INC. 2000 CLAY STREET, SUITE 300, DENVER, COLORADO 80211-5119 • PHONE (303) 455-9589 • FAX (303) 455-01 1 5 Zo m O E c-4 E Cl) a N 0) E a" O N O > N (9 9 c ? Q LL ? m E a ? ? c d QE ? "' r.-m E a N m 8 S S ??;$ E 0 0 oroo ?pX Fa-N?N O ? W W a 0 OZW F- m ? W W 9 m C N Eg W F rN C ?y .- ?° ? ? ? 6 6 C N C m W N ? H E E v N ? $ w° o y U p6 GI C N Y L p w m L u Eo N ? $ '° ? S S y m y Lu q c F ? ? N ? e d ? %d a LL o?, ° m ? S S S ? S ° ° ? ? a E n N ry W 0 O N Y 1 n u ? m f. U ? N z? 8 m S S S ? _. S S 8 ° 8 S F- C y B H m ? y E s? o a a E s(o o a a E m? o m :V n p s a E 05 mQ m n o n c o n o o I m S o ? U N y a V ! N ? 3 N H i c N ? c N ? n' N a ?b W o o a a 9N N B C ? 9 = a ? ? a >" f E 3 z° 5 3 4 h 8 og €a ao o? gZ 8s? Q ? ma8 Q ? O O E ? C U G u0 1 m Qa ?a 0 ? 4' R A ? N N O c o E m E y 0 O c A b o m- w Q . L a ?n co o n m o N as°v, nom CP ' a b c u ? m M m g S o m ug a.-o ? m ? ? ? E 0 Q 'w C'i lo- m a N a N ?a o m m? u a `? 3 m n a r x - .? ; n N n o a r m ° r m a v v M ° n V ? N ? o m M ? M ? M 0 n 0 M '?" ` m b o Q m o ° y N ? M v a0 O N O r O C N O F Q J b ) J ) r ? O m m M m M N a V N M p ¢1 OD ? ?D ? n ? N' M V A N 7 M ? O N F N O L ) i n rn HE ? >? n ? co r v o o o ? ? ? ? ? N O m ? m ' .- o .- N N ?n m o n m ? N 1 C O 1 ? J 1 0 ?, J . O. m N O n ? 0I ? ?p i(J u? N (O 000 m m m yy 2 0 M O ° _ Q m O Q ? N n ?- f7 N N N V x( 1 ? m O i 9 0 m O 6 O m 0 .. N N N (V < a N O?1 N ° n M a M T p O N M V O O [7 M G ry C > M m Q J M t G C O C ? A ' N (/ F U' V ? u'1 N ? V m N rn O M ? ° O' ip m ? `Z, ?? m V ?O ? m ?N ? N rn ? cD m pO N ? ^ ?(1 o J N O M m O ? O a r ? co v_ n t C m n N m N N ? O m Q C rt ? E c m E c m E E c m E C D, b m E O m E O b m E b T E m 0 b m E m U a q a a o Y u O co N M N M O N O O O '? i0 `S '3 S 0 m 3 m u m.. a O ?. O O O O > O O > O > q O 0 O C O > > O? ~ N O U 0 C N m % .? M O > N t M u v) m = a C ? N U) i m @) f m E m m 0 O Q 0 C1 0 N f m o g ; z C c > r N m m m (? o N m A _ Q = Q W C = W R C C E e 3 c Q V 1 d ? W ? 01 0 E m 0 m m v m o` 0 m m 0 E 0 a _O 0 d O m 9 0 m `m °m m t o O O Ca C O m m D 9 O O m a m m m m m > j m co ? K K V RO D Q Q Q i Town of Avon- Job 269AMD05 Preliminary July 20, 2000 I Table A3 Town of Avon's Evaporation from Ponds and Benchmark Lake Evaporation (Acre Feet) for Number of Acres Shown Month Evaporation, Avon's Evaporation Inches BM Lake BM Sed Pond Meyer's Lake Contingency Total 15.3 0.4 0.0 0.0 15.7 << Acres In Season (a) : May (Net) 3.720 4.743 0.124 0.000 0.000 4.867 June 4.56 5.814 0.152 0.000 0.000 5.966 July 5.04 6.426 0.168 0.000 0.000 6.594 August 4.44 5.661 0.148 0.000 0.000 5.809 September 3.84 4.896 0.128 0.000 0.000 5.024 October (Net) 2.28 2.907 0.076 0.000 0.000 2.983 Sub Total 23.88 30.447 0.796 0.000 0.000 31.243 31.243 Out of Season (b): November 1.08 1.377 0.036 0.000 0.000 1.413 December 1.08 1.377 0.036 0.000 0.000 1.413 January 1.08 1.377 0.036 0.000 0.000 1.413 February 1.08 1.377 0.036 0.000 0.000 1.413 March 1.08 1.377 0.036 0.000 0.000 1.413 April 3.12 3.978 0.104 0.000 0.000 4.082 Sub Total 8.52 10.863 0.284 0.000 0.000 11.147 Total 32.4 41.310 1.080 0.000 0.000 42.390 2.70 AcFt/Ac 42.390 1.080 0.000 Note: (a) Irrigation-season evaporation is augmented using in-season historic consumptive use credits. (b) Non-irrigation-season evaporation is augmented by historic consumptive use credits stored during the irrigation season, and released/used during the non-irrigation season. Leonard Rice Consulting Water Engineers, Inc. ( Printed 4/5/2004 ) File: HW Approach - Water Utilization 2004.xls Client- Job Preliminary 2003 Table A4 Nottingham Lake Pumping (gallons - end of month) 1999 2000 2001 2002 2003 Average Jan 0 0 0 0 0 0 Feb 0 0 0 0 0 0 Mar 0 0 0 0 0 0 Apr 0 0 0 0 0 0 May 0 0 4,785,400 0 1,894,200 1,335,920 Jun 3,152,800 0 5,890,500 4,520,500 3,404,400 3,393,640 Jul 4,177,200 833,300 6,029,500 6,803,100 5,950,400 4758,700 Au 4,557,000 6,852,000 4,231,500 2,087,600 4,732,500 4,492,120 Se 4,327,100 3,233,900 0 1,041,100 2,681,700 2,256,760 Oct 50,100 0 0 1,505,100 388,800 Nov 0 0 0 0 0 Dec 0 0 0 0 0 Annual Total 16,264,200 10,919,200 20,936,900 14,452,300 20,168,300 16,625,940 Leonard Rice Engineers, Inc. ( Printed 4/5/284:) TOA - Water Utilization 2004.xis, Tab: Nottingham Pumping LO O 0 rn 0 N C O Q cd ? O N ? M 00 IDc "1 17, - 00I AO , O --? i ^-" N 00 01 =--? J ?--+ O t? N J -+ ; ,--i M M V' V1 M DD M M ? N V) N 00 -. _-+ M E N p.. I"? O'?ft"OI'?, try N NOI? him O?nIC 1 'q-,0 M M M N N f o0 0o 01 oo?N rtII L?? 1 1 ? - U o?':'O oo <Y Ln 00 0 M O' ? ? f oo ?OO OO Oi?D?d' [?i?O V' ? ?? N I N N i N ' M 7 M; M N ' N ? M cd DI ruin O?l?O V'1I DnD'00rtNo, Ot- v? ?D ?n oo goo-Q, O , 1D oo 'IT M V') , M > =[?v1 ?O?O 0 ?? -? Q? ^ a O D D v? M?h QA r» I ? i V' J 00 O ? Q? V'1 ? l? l? 00 41 00 I cp O 00 ? i M ` O\ l? ?N ?II z / 00 01 I? N V'.h N'7 00 N M rl'? ? V'> O\ Q -- ? N rY m M N NIA M W Q 3C Nt "` ?l O O? `O?b w h h anti O ?O [? op , ti h b 7 R l? O O <t- M b b hVM'M 7 7 CR w N NN ? --? ? ?O.DD.rF Q r I N N N O ?' O iD ?O ?D 00 N "r Ol OA ? fi ?,? rW oo = . ti . r NN ? ,00 = o, a, Q\ Q\ N 0 r00 ? [- N N N 00 00.00 ?? E j??N N N.N N N N N N O O O oo 00? 00 N N N W O O ?O [? oo O M M O? t? <t OA ,-, O Of 'N [?f[?;M O O M DD [? O'o0 ? . O o0 O N00 or N N NN N N N NiN !N NIN N E^ ? c? 01 ? ao O a0 ? N?! O? I . ? ? ?O W a -2 II N vr?n ?n rn o` N 00 ... ? ?o "C' ?O "C . ? ? r i t? o0 00 00 00 ?? ,? N N N ?N N N? N N N N f ' ? ` ? -? N o N N N W A ? ? ,-• m [? , l? I O ' N V' ?D ?O V ?a1 m 0??[??O?V' ?OIOO?N' O M o0 00 C a I ?o 'N ? v 0v4 ?` 0 0 ? n `I 0C, ; n o v ? v? N O 7 I- r r v o tv? Mv-, a ? N N N N N N N N N N N ? N N ?R!O N O N?a O Ot??0o h =-. ? ?? ti !1'? V.? [? n7_?1 ? h ?? ? ^+? K.` U1 v1 ? t oo [? N ? MfO!AO ?? 11111 `ty d- b.? h 00 X00 aJ 'vir-a n ?.ti . R M N nl ..._ ,,? . ~ ~ ~ 0-? M???QA - N N 1 am I??? -d' oo N?-.M so o o E oo [? • 00 N j ? M?Ot o0 '-` M `?n 00 N ?D D - ti D "T' N c??m N IM .M V'j?D l? V'?'00.MINN .-? ? N V1f N 00N N .y Q ' ? ' - ?-* ?sU 00 QA ?-V ? Mj? 00 [?fN u W), oc 110 00 m '0 ?c 00 I ? 1p 00'Vl t Q ? JM N N'""' v1 ImN. t -- lo" m ICI ICI M ?. ?I? M OIW) N 00 00 N N O, N N?oc rl' N'?OIN ?i? M [??1? ?i ?dv OvI CY!M O ? ?y b w 0 GC' 7 a? N Q 3 O O C bA G C W U Cr' O ? I ti CL Y ? U .a ? o ti O v v ? O N ? U O ? b U O N ? G O ' ? o C a? C 0 ,D b U 'O O p d- U) X CD O O N C O (6 L U O O_ O_ Q M n. a Q O O N N c CL U C m N C O c W O _U 'O `m c O O J Cl) O O N LO 0 Q Q 6D N O Q' ? 0 f N 7 In V C 4 j N N , ? U N b Q ? C { { I (?^ .? •-? Ul V7 CO Vl 00 O ?D M ?D ° N 00 y ""' N r- <1• -. N V' O O M 7 oM0 7- N Cyl oc O 00 Q Q O I l1 N O M N V l? V'1 a0 00 n U In M "C? Q\ co O O 0000 0\ h O M M R ? o ? v N CII ? ? N W ? I CC ? z y °' b O ? 00 O O O O O O V ? ?. M U-+ ? O? W bA 0.i M 0 6 6 0 0 0 may- N O V?1 O N A U 0 - 0 -- v? N cr, 7 N C, ?. Y O w M ? N l-? r- 00 00 t-- 00 00 JD O\ N 00 N ?O 00 .M-i N M (? d" ,_, ri' D1 d y i q O c ? o [? W av ?? o n a: oo E-+ 0 C t` r r 00 - o N kn c- oc v, L r) ?c c i W) H 3 ?y M O ? r? z o 0 cl, 4 00 oll 01 W cli N ? Q ? cCp O O 0 0 0 0 0 0 l? ? ? ? ?p .-? O p 0 ? a O O° O O ° M O M M O 00 00 O > O O j Q ? O M M Q\ -+ 00 M ao 0 ^-? Do I v) T n 6, o0 F- o. - c, - oo - M ^; O M N 00 °O '-0 i .- 00 Q O y ? o o 0 0 0 0 N O O?O O O O ?. ° M ?D [AIM 00 oc o0 o0 00 00 N m N m Q ? I ? > I U 1 C „ p ? a.. >, ? O W R.i + A ?tl Q 0 ? O a? ; ro U A. c ? R R, y U f". .n 0 O U N ? U w O vi z U U U O .? b U ? cl b a G L U w N C U cl; G ? w ? o o ? U op o cl: 'C7 ? W G N N d cc2 z .?U+ a N O O O z N N o o^ E E c a? 0 d ?d It .n ? ? p O a cl, ° it o z?,a O C4 T U ? Q ? Lop . G a?Q¢'xa ? ? U b N N X V O O N C O N O L U (V O a n Q S v a a Q O O N V a? c a U C N N c c W U 72 co r_ 0 N J d ? y 4 Q ? t a d r N O p M T a c a g O ? N Q W ? w O o . N n. W .G. Lc. ¢ W n ? V G Q T 0 ? c o x •a c E c ? ro U 0 r +ro? p0 O ? p 6. Q V [? N O\ V' ?O N .•. h O? d' po ? o ? V Q ^G pp 4. '? ? N o0 o p V N ? ? O N vi h '.' ? Q. r O? GG o N N + + a Q 'k ? a w ro C ° Q rn O ° Z q a a w y U W O N N N N N N N N N - O M G W O U O? ? 0 0 0 0 ? ? ^ ? p ? ? ? O F v ? F Q o O > z 8 + ro b ? cGE Q "' G h vl ^ v? O? N O O M N N M O 00 ' ? j eN-? ? O? ? M ?O N o0 N fJ N N vl O ? ? N r o0 cJ N N Q G ro W Vl t? ?O v1 M O? V Vl ?O ^ M <} ? ?O pp ? ¢ ^ M M N N ^ N + + Q ?= C ? ? "' ? > M M v? N ? M ?D O. ?O v? V N O op ?O u1 ,-• aG v? O V ? .-. v? 7 ? > Pc? Q 4U Q ~O prop O .- M - h r T - N b lD M o0 - r-: -D O [ •- v1 M M N N e R G ' ? ] h ?O M N N ? ? 'r (1 > Q O pro p ¢ '.?- O? O O. t\ Qr N [ O t+t lr? M ?O O? 16 C i ro N N M O M N • T ? C p O? ? ? O M M ?p 0` N ° M h 7 r b O N ? ? O? ? O ? O [- a ?pppn ? Q v . ? N W rn > e ^. - ? v po h - ? ? v ro v v o v N po co tr] 7 v, u-, - vi ` o, 5 °' a a 3 _ ? o S ° o o o ° ° o o o ° ° ? _ ? + ? M N N M M V1 h V1 M M ^ N ? a F. T U p Q? d? N O F O ' O O h [? ? r?}} O p?0 7 ? N O°? d O . N F V 1 O1 lp N crt D\ N O N V N h 06 V b M O 00 b ? ¢ ? G M M N ^ N C ro O C a a T m W 71 O O 9 O O v ti Y 7 ? O x _o 9 Q ai m ? O F ¢ 3 c 3 o Q ? ro N ? a ? c v L 3 w G N O p ¢ 9 p" a G a tV ?..h O O'N ?.V t- N V.? 0 1 ^ 0. v ^ NIV vi V N N ? N v o Q I ? ? V . o CL c ° N O N !? vl 00 N 1 ? .?. 1 ? N ', N ? vl ? O? O l? O? h vi O? O` O [? Q '. pit I ? b > iy V -. M _ Q W C ? Q O N E 0. .? O O.O O ooV M ? N', ?O O O O O O O vt O W E ?' ?, O O ? O? ? p? C j Q y p O\ N.00 vi-M10 Vl a? M-Op r_N ^ M 00 ttf a ? O? 00 o?p '. ?' 0 00 00 V' .-? r ? ? ? V ? E W S ? O V D`? O O?oO ^- O O?OI M M N oo t? ? v' . .6 .6...6 ^.NIV [? cp vl.N t` ? : ? ^ h 00 Q Q } C p z rl ? w V VV O1O ?D 000O VV ' d, ^ N O ly Q pj! V V' ?D ?D i/1 vl M -. 111 VN' .?.. t^'1 ? Q W ' W W W e ? '' ? ? Q h ?y ? O O.O O o0, N'. ?O O?O O 3 0 C ° .m G p G'p O v =0? o? 7 00_? Op O p D w c o ., z o ? v? M Z Q _ M Vl C? ll O 00 ? r`d ? ° `.' i0 MO ?D N ?Vl 7 00 N = V ?.,? m a o, w ?.o 00 oo 1 <t ?.? ? V1 00 ° p ? 1 o o ? A 0 i {h ', ? ? ? O? N M?00 O ? N-N -M.;7 OOfI???D NI00 GO 'J ip 0p N 0p ? ? ? a a I O V J O OO O Co V M SIN ?O O O O_ oo V 0 0 0 p P ... .r 17 ? . vl 0 oo '. 7 0 O ? . W C O 'r O d ° > ? D1 W O f` ? N GO [?? V1 N h ? 00 -- M N F M V O O'...0 O u M. .... hl... M hvl T ?M W. JO h v1 b CL N W ? " ro 6. .. ,. N N ^ h ? v, ro c>~ I ? z o O o vl c O p N o o '.o ? o ? ? o ?o O O O O 7_..M tDI1?-M O'O ? ? ? d 00 00 JO 00 ?j, O.,.,M NI M.? ?. 00 1 ? Q aV) °' v 0.5 5 a w C w¢ Q v O Za o w`" V F' U.-,Q d O 3 o\ d N U 9 5 c ° a U ? b N ? ? C 5 E L ? m O O y b Q E X ad y ? .a Ez 'Zo _y ? to ? `a O G 43. j W ?o ?°e.? 3 v cCd A. _? N O > o o o E.= s c o T ro 0 o t Q a ro v C M ? Y c '> 0 5 " ? _ ou a E m a m v s°,C]q¢ w ? v v O C m 3 O a V 0 >m c m C w a 0 c J TOWN OF AVON REGULAR COUNCIL MEETING AGENDA APRIL 13, 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. Town of Avon Comprehensive Plan Meeting Update - Tambi Katieb, Community Development 3. Ordinances Second Reading & Public Hearing a. Ordinance No. 04-05, 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) - Ordinance which adopts the reprinted Avon Municipal Code Book First Reading b. Ordinance No. 04-06, Series of 2004, An Ordinance of the Town of Avon, Eagle County, Colorado, Granting by Franchise to Public Service Company of Colorado, its affiliates, successors and assigns, the right to use the Streets within the Town to furnish, sell, transport and distribute gas to the Town and to all Residents of the town, granting the right to acquire, construct, install, located, maintain, operate and extend into, within and through the Town all facilities reasonably necessary to furnish, sell, transport, and distribute gas within and through the Town; and fixing the Terms and conditions thereof. (Scott Wright) - 4. Resolutions a. Resolution No. 04-09, Series of 2004, A Resolution Authorizing the Town of Avon to Pay the Purchase Option Price in order to Purchase Sherwood Meadows Condominium Units. (Scott Wright) - Action which authorizes the Town to exercise and pay the purchase option in order to acquire the Sherwood Meadows condominium units. b. Resolution No. 04-10, Series of 2004, A Resolution to Amend the 2004 Town of Avon Budget (Scott Wright) - Action that amends the Town of Avon Finance Authority and Sherwood Meadows Enterprise Fund budgets to reflect the pay-off of the Certificates of Participations and the sale of ten condo units. 5. New Business 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Unfinished Business 10. Town Manager Report Avon Council Meeting.04.04.13 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA APRIL 13, 2004 - 5:30 PM Continued Page 2 11. Consent Agenda a. Approval of the March 23, 2004 Regular Council Meeting Minutes b. Approval of the February 24, 2004 Avon Liquor Licensing Authority Board Meeting Minutes c. Renewal of Hotel Restaurant Liquor License for Outback/Denver I Limited Partnership d/b/a Outback Steakhouse #0623, 240 Chapel Place, Bldg B, Lamar Gentry Manager. d. Renewal of 3.2% Beer Retail License (Off Premises) Wal-Mart Stores, Inc. d/b/a Wal-Mart Supercenter #1199, 171 Yoder Avenue, Jeff Crump Manager. e. Western Enterprise, Inc. Contract (Meryl Jacobs) - Contract for the production of the Town's fireworks display to be held July 4'h f. American Crown Circus Contract (Meryl Jacobs) g. Intergovernmental Agreement regarding 1-70 Central Mountain Corridor Coalition (Larry Brooks) Agreement to establish a coalition in an effort to voice concerns for the lack of adequate funding for the 1-70 corridor in central Colorado. 12. Adjournment Avon Council Meeting. 04.04.13 Memo To: Mayor & Town Council Thru: Larry Brooks, Town Manager, John Dunn, Town Attorney From: Patty McKenny, Town Clerk lk. Date: March 15, 2004 Re: SECOND READING AND PUBLIC HEARING Ordinance No. 04-05, Series of 2004 Summary: The Town Council will consider on second reading Ordinance No. 04-05, 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 set for this meeting. 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 23rd 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 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. At first reading, Town Attorney John Dunn recommended that three revisions should be made as follows: ? Revise penalty provisions to be consistent throughout the Code Book that would include $1000 fine or up to one year in jail ? Revise section to include that juveniles can perform public service work. The attached Ordinance includes the revisions. Financial Implications: The final cost for republishing services will be around $5,000. Town Manager Comments: Town of Avon Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: April 5, 2004 Re: Gas Franchise Ordinance No. 04-06 Summary: The Town's current twenty-year gas franchise agreement with Public Service Company of Colorado ("PSCo") expires May 31, 2004. Staff has been working with Wade Haerle from Xcel Energy (the DBA name for PSCo) for the past few weeks in drafting a new franchise agreement. There are no significant changes to the original agreement. In summary, the franchise agreement conveys the right to PSCo to provide public utility service (in this case natural gas) within Town of Avon boundaries and allow the use of Town rights-of-way for the location of utility facilities and equipment, in exchange for the payment of a franchise fee. These rights are non-exclusive and the Town reserves the right to make or grant a similar franchise to any other company. The Town reserves the right to control and regulate the use of its streets and to impose other regulations to protect the health, safety and welfare of the public. PSCo shall not interfere with municipal uses of the streets and must comply with all Town building and zoning codes and requirements. The franchise agreement is for a term of twenty years. A CML survey indicated that most gas franchises are for twenty or twenty-five year terms. The franchise fee is equal to three percent (3%) of revenues. This is the typical approach and percentage found in most existing franchises. Xcel Energy paid $47,404 and $38,322 in franchise fees for 2003 and 2002, respectively. Town Manager Comments: e Page 1 Attachments: A - Ordinance No. 04-06 B - Time Frame for Adoption of Gas Franchise • Page 2 TOWN OF AVON, COLORADO ORDINANCE NO. 04-06, SERIES 2004 AN ORDINANCE OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO, GRANTING BY FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT TO USE THE STREETS WITHIN THE TOWN TO FURNISH, SELL, TRANSPORT AND DISTRIBUTE GAS TO THE TOWN AND TO ALL RESIDENTS OF THE TOWN, GRANTING THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH THE TOWN ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL, TRANSPORT AND DISTRIBUTE GAS WITHIN AND THROUGH THE TOWN; AND FIXING THE TERMS AND CONDITIONS THEREOF. WHEREAS, Public Service Company of Colorado has filed it application with the Town of Avon, Colorado, for the granting to it by the Town of Avon of a franchise in terms as hereinafter set forth; and BE IT ORDAINED BY THE TOWN COUNCIL OF AVON, EAGLE COUNTY, COLORADO: ARTICLE 1 DEFINITIONS §1.1 For the purpose of this franchise agreement, the following words and phrases shall have the meaning given in this article. When not inconsistent with context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this article shall be given their common and ordinary meaning. §1.2 "Council" or "Town Council" refers to and is the legislative body of the Town of Avon, Eagle County, Colorado. § 1.3 "Company" refers to and is Public Service Company of Colorado, its successors, assigns, affiliates and subsidiaries. § 1.4 "Facilities" refer to and are all apparatuses reasonably necessary for the Company to provide gas service into, within and through the Town, including but not limited to plants, works, systems, substations, equipment, pipes, mains, conduit, gas compressors, Ordinance No. 04-06 Page 1 of 13 meters, meter reading devices, communication and data transfer equipment, control equipment, gas regulator stations,. §1-5 "Party" or "Parties" refers to and includes the Company and the Town, either singly or collectively as the context requires. §1.6 "Public Utilities Commission" or "PUC" refers to and is the Public Utilities Commission of the State of Colorado or other state agency succeeding to the regulatory powers of the Public Utilities Commission. §1.7 "Residents" refers to and includes all persons, businesses, industry, governmental agencies, and any other entity whatsoever, presently located or hereinafter to be located, in whole or in part, within the territorial boundaries of the Town. §1.8 "Revenues" refer to and are those amounts of money which the Company receives from its customers within the Town from the sale of gas under rates authorized by the Public Utilities Commission as well as from the transportation of gas to its customers within the Town and represents amounts billed under such rates as adjusted for refunds, net write- off of uncollectible accounts, corrections or regulatory adjustments. Regulatory adjustments refer to, by way of explanation, but not limitation, credits, surcharges, refunds and pro-forma adjustments pursuant to federal or state regulation. §1.9 "Streets" refer to and are streets, alleys, viaducts, bridges, roads, lanes and other public rights-of-way in the Town. "Streets" shall also include public easements and other public places within the Town that are suitable locations for the placement of Facilities. §1.10 "Town" refers to and is the municipal corporation designated as the Town of Avon, Eagle County, Colorado. ARTICLE 2 GRANT OF FRANCHISE §2.1 Grant of Franchise. The Town hereby grants to the Company the right to use the Streets within the Town to furnish, sell, transport and distribute gas to the Town and to all Residents of the Town. The Town also hereby grants to the Company the right to Ordinance No. 04-06 Page 2 of 13 acquire, construct, install, locate, maintain, operate and extend into, within and through the Town all Facilities reasonably necessary to furnish, sell, transport and distribute gas within and through the Town. These rights shall extend to all areas of the Town as it is now constituted and to additional areas as the Town may increase in size by annexation or otherwise. If the boundaries of the Town are expanded during the term of this franchise, the Company shall extend service to Residents in the expanded area at the earliest practicable time and in accordance with the Company's extension policy. Service to the expanded area shall be in accordance with requirements of the PUC and the terms of this franchise, including payment of franchise fees. The rights granted by this franchise are not, and shall not be deemed to be, granted exclusively to the Company, and the Town reserves the right to make or grant a similar franchise to any other person, firm, or corporation. Except as otherwise specifically provided herein, the Town retains the right through the exercise of its police power to use, control, and regulate the use of the Streets, and the space above and beneath said Streets. The Town retains the right to impose such other regulations as may be determined by the Town to be necessary in the reasonable exercise of its police power to protect the health, safety, and welfare of the public. §2.2 Term of Franchise. This franchise shall take effect upon its adoption and shall supersede any prior franchise grants to the Company by the Town. The term of this franchise shall be twenty (20) years. ARTICLE 3 FRANCHISE FEE §3.1 Franchise Fee. As consideration for the franchise rights granted herein, and in recognition of the fact that the grant to the Company of the right to use Town Streets is a valuable right, the Company shall pay the Town a sum equal to three percent (3%) of all Ordinance No. 04-06 Page 3 of 13 Revenues received from the sale and transportation of gas within the Town, excluding revenues received from the Town for the sale of gas to the Town. §3.2 Surcharge of Franchise Fees. The Company shall charge a franchise fee to all Town residents that use facilities of the Company in Town Streets to obtain gas. No franchise fee shall be charged to the Town for gas service provided to the Town for its own consumption. §3.3 Remittance Schedule. Franchise fees that are collected from Residents shall be remitted by the Company to the Town in monthly installments not more than thirty (30) days following the close of each month. All payments shall be made to the Finance Director. In the event that either the Town or the Company discovers that there has been an error in the calculation of the franchise fee payment to the Town, the error shall be corrected in the next monthly payment, subject to the following provisions: In the event an error by the Company results in an overpayment of the franchise fee to the Town in excess of $5,000, credit for the overpayment shall be spread over the same period the error was undiscovered; if the overpayment is $5,000 or less, credit shall be taken against the next payment. In no event shall either Parry be required to refund any over- or underpayment more than 3 years from the date of the over- or underpayment. §3.4 Audit Rights; Protection of Confidential Information. The Finance Director, or his or her agent, shall have access to the metering records of the Company during normal business hours upon reasonable notice for the purpose of auditing to ascertain that the franchise fee has been correctly computed and paid. Except as provided in Section 3.6, all information obtained by the Finance Director during a franchise fee audit shall be kept confidential and shall be utilized for the sole purpose of verifying that the franchise fee has been correctly computed and paid. §3.5 Enforcement of Town Sales and Use Tax Laws. The Town may use the metered information obtained from franchise fee audits for the purpose of enforcing its sales and use tax laws. Upon request by the Town, the Company shall supply the Town with a list Ordinance No. 04-06 Page 4 of 13 of all suppliers of gas that utilize Company Facilities within the Town Streets to sell gas to Town Residents. §3.6 Franchise Fee Payment in Lieu of Certain Taxes and Other Fees. The Town accepts payment of the franchise fee by the Company in lieu of any occupation tax, occupancy tax, license tax, or similar tax or fee the Town might charge the Company or its subcontractors for the privilege of doing business in the Town, for the use or occupation of Town Streets, or for the installation, operation and maintenance of Company Facilities. Payment of the franchise fee does not exempt the Company from any lawful taxation upon its property or from any other tax not related to the franchise or the occupation or use of Town Streets, including the payment of head taxes, sales taxes or other fees or taxes assessed generally upon businesses. ARTICLE 4 SUPPLY, CONSTRUCTION AND DESIGN §4.1 Obligations Regarding Company Facilities. The Company shall install, maintain, repair, renovate and replace its Facilities with due diligence in a good and workerlike manner. Company Facilities shall not interfere with the Town's water mains, sewer mains or other municipal uses of the Streets. The Company shall construct and maintain its Facilities in such a way as to minimize interference with trees and other natural features. The Company shall install underground all gas pipelines serving new residential subdivisions. §4.2 Excavation and Construction. All excavation and construction work performed by the Company shall be done in a manner that minimizes inconvenience to the public. All property disturbed by Company excavation or construction activities shall be restored by the Company at its expense to substantially its former condition. §4.3 Relocation of Company Facilities. The Company shall relocate, at its expense, Facilities in the Streets that interfere with a public project undertaken and paid for by the Town with public funds. The Town shall provide at its expense sufficient right-of-way for the Company to relocate its Facilities. The Company shall relocate its Facilities at the Ordinance No. 04-06 Page 5 of 13 request of the Town or other person to avoid interference with other non-publicly- financed projects, but the expense of the relocation and the new right-of-way shall be paid in advance by the Town or by the person conducting the project and requesting the relocation. Relocation shall be completed within a reasonable time after a request and payment therefore is made (if applicable). In the event that the Town requests the Company to relocate the same Facilities within five (5) years of completion of a prior relocation, the subsequent relocation shall be at the Town's expense. Underground Facilities shall be relocated underground. Above ground Facilities shall be relocated above ground, unless the Town pays the additional cost of relocating above-ground Facilities underground . §4.4 Town Not Required to Advance Funds. Upon receipt of the Town's authorization for billing and construction, the Company shall extend its Facilities to provide gas to the Town for municipal uses within the Company's certificated service area, without requiring the Town to advance funds prior to construction. Nothing in this section shall release the Town from the obligation to pay for the extension of Facilities once complete, in accord with the Company's gas tariffs on file with the Public Utilities Commission. ARTICLE 5 COMPLIANCE §5.1 Compliance with Applicable Laws. The Company and all of its contractors shall comply with all applicable Town laws, ordinances and regulations. The Company shall require its contractors working in the streets to hold the necessary licenses and permits required by the Town. §5.2 Compliance with Town Requirements. The Company will comply with all Town building and zoning codes and requirements regarding curb and pavement cuts, excavating, digging and related construction activities. Ordinance No. 04-06 Page 6of13 §5.3 Inspection. The Town shall have the right to inspect any portion of the Company's Facilities in the Town Streets. The Company agrees to cooperate with the Town in conducting the inspection. ARTICLE 6 PUBLIC UTILITIES COMMISSION REGULATION §6.1 Compliance with Orders by the Public Utilities Commission. The provision of gas service by the Company is regulated in whole or in part by regulatory agencies including the Public Utilities Commission. The Company is obligated by law to comply with all lawful PUC orders, rules, and regulations. The Town shall impose no obligation on the Company that interferes with the Company's ability to comply with lawful regulatory orders, rules, and regulations. §6.2 Certificates to Exercise Franchise Rights. The Town agrees to assist the Company, if necessary, in obtaining PUC approval of a certificate to exercise the franchise rights conferred under this Franchise, including negotiating a change to any provision of this franchise agreement which the PUC may require in order to obtain the certificate. ARTICLE 7 TOWN USE OF COMPANY FACILITIES §7.1 Trenches Available for Town Use. If the Company opens a trench to install its Facilities, the Company shall provide advance notice to the Town to permit the Town to install Town Facilities in the same trench at the Town's expense. The Town's installation of its Facilities shall not interfere with the Company's Facilities or delay the commencement or completion of the Company's construction project. ARTICLE 8 INDEMNIFICATION OF THE TOWN §8.1 Town Held Harmless and Indemnified. The Company shall indemnify, defend and hold the Town harmless from and against all liability or damage and all claims or demands Ordinance No. 04-06 Page 7 of 13 arising out of Company's operations within the Town pursuant to this franchise. The Town shall provide prompt written notice to the Company of the pendency of any claim or action against the Town arising out of the exercise by the Company of its franchise rights. The Company shall be permitted, at its own expense, to appear and defend or to assist in defense of such claim. The Company shall not be obligated to indemnify, defend, or hold the Town harmless to the extent any claim, demand or lien arises out of or in connection with any intentional or negligent act or failure to act of the Town or any of its officials, agents or employees, or to the extent that any claim, demand, or lien arises out of or in connection with the use of Town facilities. §8.2 Payment of Ordinance Expenses. The Company shall reimburse the Town for actual out- of-pocket expenses incurred in publishing notices and ordinances and conducting elections related to this franchise. ARTICLE 9 TRANSFER OF FRANCHISE §9.1 Consent of Town Required. The Company shall not transfer or assign any rights under this franchise to an unaffiliated third party, except by merger with such third party, or, except when the transfer is made in response to legislation or regulatory orders, unless the Town shall approve in writing such transfer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld. §9.2 Transfer Fee. In order that the Town may share in the value this franchise adds to the Company's operations, any transfer or assignment of rights under this franchise requiring the approval of the Town under §9.1 shall be subject to the condition that the transferee shall promptly pay to the Town a transfer fee, which shall be calculated by multiplying one million dollars by a fraction of which the numerator equals the then population of the Town of Avon which is served by the Company, and the denominator equals the then population of the City and County of Denver. Such transfer fee shall not be recovered from a surcharge placed only on the rates of Town Residents. Ordinance No. 04-06 Page 8 of 13 ARTICLE 10 MUNICIPALIZATION §10.1 Town's Right to Condemn. During the term of this franchise, the Town agrees not to condemn the Facilities of the Company or to otherwise restrict the Company's opportunity to conduct business in the Town, except as specifically provided in C.R.S. § 31-15-707. §10.2 Operation of a Municipal Utility or Competing Distributors. If, during the term of this franchise, the Town operates a municipal gas utility or issues to another entity a franchise to use the Streets for the placement of gas Facilities, the Company shall no longer be required to collect and pay franchise fees under Article 3 unless substantially the same terms and conditions apply to the service provided by the Town or by the other entity. In addition, the following sections of this franchise shall no longer apply to the Company unless substantially the same provisions are applicable to all other gas distributors, including the Town: Articles 3.3, 3.4, 3.5, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 7.1, 9.1 and 9.2. ARTICLE 11 UNCONTROLLABLE FORCES § 11.1 Uncontrollable Forces. Neither the Town nor the Company shall be in breach of this franchise ordinance if a failure to perform any of the duties under this franchise is due to uncontrollable forces, which shall include but not be limited to accidents, breakdown of equipment, shortage of materials, acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government and other causes or contingencies of whatever nature beyond the reasonable control of the party affected, which could not reasonably have been anticipated and avoided. Ordinance No. 04-06 Page 9 of 13 ARTICLE 12 BREACH §12.1 Breach. If the Company fails to perform any of the terms and conditions of this franchise and such failure is within the Company's control, the Town may notify the Company of the specific failure and shall allow the Company a reasonable time within which to remedy the failure. If the Company does not remedy the failure and the failure is of a substantial nature, the Town Council may terminate this franchise after a full evidentiary hearing. Termination of the franchise shall be by no less than 75% vote of all members of the Town Council. § 12.2 Judicial Review. Any such termination of the franchise shall be subject to judicial review as provided by law. ARTICLE 13 AMENDMENTS § 13.1 Amendments to Franchise. This franchise may be amended only by a writing signed by both the Company and the Town, which is approved in the same manner as is required for the passage of this ordinance. ARTICLE 14 MISCELLANEOUS §14.1 Successors and Assigns. The rights, privileges, franchises and obligations, in whole or in part, granted and contained in this ordinance shall inure to the benefit of and be binding upon Public Service Company, its successors, assigns, affiliates and subsidiaries. §14.2 Third Parties. Nothing contained in this franchise shall be construed to provide rights to third parties. §14.3 Representatives. Both parties shall, from time to time, designate, in writing, represen- tatives for the Company and the Town to whom notices shall be sent regarding any action to be taken under this ordinance. Notice shall be delivered in person or by certified mail to the persons and addresses hereinafter stated, unless the persons and addresses are Ordinance No. 04-06 Page 10 of 13 changed at the written request of either party. Until any such change shall be made, notices shall be sent as follows: To the Town: Town Clerk Town of Avon, Colorado P.O. Box 975 Avon, CO 81620 To the Company: Cynthia Evans Vice President Public Service Company of Colorado P. O. Box 840 Denver, CO 80201 § 14.4 Surcharge to Town Residents. The Company shall be permitted to surcharge to residents of the Town the franchise fee payments it makes to the Town. The Company shall be permitted to surcharge to residents of the Town any other payments it makes to the Town only to the extent and in the manner permitted by law or as otherwise ordered by the PUC. §14.5 Severability. Should any one or more provisions of this franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a substitute term that will achieve the original intent of the Parties hereunder. § 14.6 Entire Agreement. This franchise constitutes the entire agreement of the Parties with respect to the matters contained herein and supersedes any and all prior written or oral agreements, negotiations, correspondence, understandings and communications with respect to this franchise. § 14.7 Headings for Reference Only. The headings in this franchise are for reference only and convey no substantive rights or impose no substantive obligations on the Parties. Ordinance No. 04-06 Page 11 of 13 § 14.8 Responsibility for Language. The Town and the Company hereby acknowledge that each bears co-extensive and identical responsibility for the language in this franchise. In case of ambiguity, there shall be no presumptions based upon responsibility for drafting this franchise. § 14.9 No Waiver of Rights. Neither the Town nor the Company waives any rights under the statutes and constitution of the State of Colorado or of the United States except as otherwise specifically set forth herein. § 14.10 Prevailing Party. In any judicial or administrative action to enforce any of the terms or conditions of this franchise, the prevailing party shall be entitled to recover its costs and expenses incurred in such action, including reasonable attorney fees. §14.11 Approval of Franchise. The Company shall promptly file, in writing, its acceptance of this franchise and of any amendment of this franchise following the Town's final approval of the same. The failure to file such an acceptance within 45 days of said final adoption shall be deemed an acceptance of such franchise or amendment thereof. INTRODUCED, READ, PASSED ON FIRST READING AND ORDERED POSTED THIS DAY OF , 200 A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL ON THE DAY OF , 20 AT 5:30 PM IN THE COUNCIL CHAMBERS, AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 04-06 Page 12 of 13 INTRODUCED, PASSED, ADOPTED AND APPROVED ON SECOND READING AND ORDERED POSTED THIS DAY OF , 200 Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: Town Attorney Publication Dates: ACCEPTED: PUBLIC SERVICE COMPANY OF COLORADO By: Print Name & Title: Ordinance No. 04-06 Page 13 of 13 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS §1.1 Preface § 1.2 Council or Town Council §1.3 Company § 1.4 Facilities §1.5 Parry §1.6 Public Utilities Commission §1.7 Residents §1.8 Revenues §1.9 Streets §1.10 Town ARTICLE 2 GRANT OF FRANCHISE §2.1 Grant of Franchise §2.2 Term of Franchise ARTICLE 3 FRANCHISE FEE §3.1 Franchise Fee §3.2 Surcharge of Franchise Fees §3.3 Remittance Schedule §3.4 Audit Rights; Protection of Confidential Information §3.5 Enforcement of Town Sales and Use Tax Laws §3.6 Franchise Fee Payment in Lieu of Certain Taxes and Other Fees ARTICLE 4 SUPPLY, CONSTRUCTION AND DESIGN §4.1 Obligations Regarding Company Facilities §4.2 Excavation and Construction §4.3 Relocation of Company Facilities §4.4 Town Not Required to Advance Funds ARTICLE 5 COMPLIANCE §5.1 Compliance with Applicable Laws §5.2 Compliance with Town Requirements §5.3 Inspection ARTICLE 6 PUBLIC UTILITIES COMMISSION REGULATION §6.1 Compliance with Orders by the Public Utilities Commission §6.2 Certificates to Exercise Franchise Rights ARTICLE 7 TOWN USE OF COMPANY FACILITIES §7.1 Trenches Available for Town Use ARTICLE 8 INDEMNIFICATION OF THE TOWN §8.1 Town Held Harmless and Indemnified §8.2 Payment of Ordinance Expenses -i- ARTICLE 9 TRANSFER OF FRANCHISE §9.1 Consent of Town Required §9.2 Transfer Fee ARTICLE 11 MUNICIPALIZATION §10.1 Town's Right to Condemn § 10.2 Operation of a Municipal Utility or Competing Distributors ARTICLE 12 UNCONTROLLABLE FORCES § 11.1 Uncontrollable Forces ARTICLE 13 BREACH § 12.1 Breach § 12.2 Judicial Review ARTICLE 14 AMENDMENTS §13.1 Amendments to Franchise ARTICLE 15 MISCELLANEOUS § 14.1 Successors and Assigns § 14.2 Third Parties § 14.3 Representatives § 14.4 Surcharge to Town Residents § 14.5 Severability § 14.6 Entire Agreement § 14.7 Headings for Reference Only § 14.8 Responsibility for Language § 14.9 No Waiver of Rights § 14.10 Prevailing Party § 14.11 Approval of Franchise -ii- TOWN OF AVON GAS FRANCHISE (Newspaper - The Vail Trail - Published -Friday's) (Board Meetings - 2nd & 4th Tuesday, at 5:30 p.m.) NOTE: RETAINALL ORIGINAL DOCUMENTS DURING THE FRANCHISE PROCESS FOR FUTURE MAILING TO THE RATE ADMINISTRATION DEPARTMENT Explanation of Event March 22, 2004 Submit Notice of Application for Franchise by Public Service Company to (Monday) the Vail Trail for publication. March 26, 2004 Notice of Application for Franchise by Public Service Company is April 02, 2004 published in the Vail Trail. Obtain two sets of Affidavits of April 09, 2004 Publication (for PSCo and one for the Town Clerk) (C.R.S. 31-32-102) First Council Meeting File one copy of the Affidavit of Publication for the Notice of Application April 13, 2004 for Franchise by Public Service Company of Colorado with the Clerk. (Tuesday) Read in fill the proposed Ordinance. (C.R.S. 31-32-103) The Council shall order the Notice of Further Consideration of Ordinance Granting a Gas Franchise to Public Service Company of Colorado and the entire proposed Ordinance published. (C.R.S.31-32-103) April 23, 2004 Submit Notice of Further Consideration of Ordinance Granting a Gas (Friday) Franchise to Public Service Company of Colorado and the entire proposed Ordinance to the Vail Trail for publication. April 30, 2004 Notice of Further Consideration of Ordinance Granting a Gas May 7, 2004 Franchise to Public Service Company of Colorado and the entire proposed Ordinance is published. Obtain two sets of Affidavits (one for PSCo and one for the Town Clerk). (C.R.S. 31-32-103) Second Council Meeting File one set of the Affidavit of Publication of the Notice of Further May 11, 2004 Consideration of Ordinance Granting a Gas Franchise to (Tuesday) Public Service Company of Colorado and the proposed Ordinance with the Clerk. (C.R.S. 31-32-103) Read in full and adopt the Ordinance. Adoption shall require the concurrence of a majority of all the members of the governing body of the Municipality. (C.R.S. 31-32-103 and 31-32-104) May 13, 2004 Get two original copies of the Ordinance with appropriate signatures and the seal of the Town affixed. IMPORTANT!!! Call the Rate Department immediately with the Ordinance Number and final decision on franchise approval for processing of the Acceptance by the Company. The Town will keep the other copy for their files. AS SOON AS POSSIBLE Ordinance shall be recorded in a book kept for that purpose and shall be AFTER ADOPTION authenticated by the signature of the Presiding Officer of the governing body and the Clerk. (C.R.S. 31-16-105) Present to the Clerk for signature the Certificate of Clerk as to Introduction, Reading, Publication, Passage and Signature by Mayor of Ordinance No. . (C.R.S.31-32-103) May 17, 2004 Submit the signed Ordinance and the Certificate of Clerk as to (Monday) Introduction, Reading, Publication, Passage and Signature by Mayor of Ordinance No. to the Vail Trail for publication. May 18, 2004 File with the Clerk the Acceptance by Public Service Company of (Tuesday) Colorado of a Gas Franchise granted by the Town of Avon. May 21, 2004 Ordinance and Certificate of Clerk as to Introduction Reading, (Friday) Publication, Passage and Signature by Mayor of Ordinance No. is published. Obtain two Affidavits of Publication. (C.R.S. 31-16-105 and 31-16-106) AS SOON AS POSSIBLE File with the Clerk one copy of the Affidavit of Publication of the Franchise AFTER FINAL after adoption of the Ordinance. PUBLICATION Present to Clerk for signature the Certificate of Clerk as to Transcript of All Proceedings. Send originals of all documents (including Affidavits) to the Rate Department to begin processing the Application for a Certificate of Public Convenience and Necessity. June 21, 2004 FRANCHISE ORDINANCE EFFECTIVE (Monday) The ordinance shall not become effective before thirty days after final publication after passage. (C.R.S. 31-16-105) July 23, 2004 (Approx.) File Application for CPCN with PUC. (Friday) August 23, 2004 (Approx.) CPCN EFFECTIVE UPON PUC APPROVAL (Monday) Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director ?j-?--' Date: April 8, 2004 Re: Sherwood Meadows Purchase Option Resolution No. 04-09, Budget Amendment Resolution No. 04-10 Summary: As staff has previously discussed with Council, attached is Resolution No. 04-09 from bond council authorizing the Town of Avon to exercise and pay the purchase option in order to acquire the Sherwood Meadows condominium units. Also attached is Resolution No. 04-10, amending the Town of Avon Finance Authority and Sherwood Meadows Enterprise Fund budgets to reflect the pay-off of the COPs and the sale of ten condominium units. The net effect of these budget amendments is a reduction in the Town's subsidy to Sherwood Meadows from $165,000 to $130,000, remembering that the Town is retaining one unit. As of today, 9 of the 10 units for sale are under contract for closing on April 30tH Recommendation Staff recommends that Council adopt the resolutions discussed above as presented. Town Manager Comments: Attachments: A - Resolution 04-09 B - Resolution 04-10 C - Summary of Proposed Amendments by Fund Page 1 RESOLUTION NO. 04-09 A RESOLUTION AUTHORIZING THE TOWN OF AVON TO PAY THE PURCHASE OPTION PRICE IN ORDER TO PURCHASE SHERWOOD MEADOWS CONDOMINIUM UNITS. WHEREAS, the Town of Avon (the "Town") has been duly organized and is validly existing as a home rule town under the Constitution of the State of Colorado and the home rule charter of the Town (the "Charter"); and WHEREAS, in order to acquire, construct, renovate and equip 11 condominium units in the Sherwood Meadows Condominiums (the "2000 Project") for the purpose of providing affordable housing, the Town entered into a Lease Purchase and Sublease Agreement, dated as of July 1, 1998 (the "1998 Lease"), and a First Amendment to Lease Purchase and Sublease Agreement, dated as of August 1, 2000 (the "2000 Lease Amendment" and, collectively with the 1998 Lease, the "Lease") with the Town of Avon Finance Authority (the "Lessor"), whereby the Lessor leased the 2000 Project to the Town (the "2000 Lease"); and WHEREAS, the Lessor issued Certificates of Participation, Series 2000 (the "2000 Certificates") evidencing assignments in proportionate interests in the right to receive payments pursuant to the Lease; and WHEREAS, the 2000 Certificates were issued pursuant to a Mortgage and Indenture of Trust, dated as of July 1, 1998 (the "1998 Indenture"), and a First Supplement to Mortgage and Indenture of Trust, dated as of August 1, 2000 (the "2000 Indenture Supplement" and, collectively with the 1998 Indenture, the "Indenture"), between the Lessor and American National Bank, formerly The Bank of Cherry Creek, N.A. (the "Trustee"); and WHEREAS, pursuant to Section 2.03(a) of the 2000 Indenture Supplement, the 2000 Certificates may be called in whole on any interest payment date in the event of, and to the extent moneys are actually received by the Trustee from, the exercise by the Town of its option to purchase the 2000 Project as provided in the Lease, upon payment of 100% of the principal amount thereof, plus accrued interest to the redemption date (the "Purchase Option Price") from Town moneys currently on hand; and WHEREAS, pursuant to Section 6.01 of the 1998 Indenture and Section 1.05 of the 2000 Indenture Supplement, upon payment of the Purchase Option Price, the right, title and interest of the Trustee in and to the 2000 Project and all covenants, agreements and other obligations of the Lessor and the Town to the Trustee and the registered owners of the 2000 Certificates shall thereupon cease, terminate and become void and be discharged and satisfied; and WHEREAS, upon the request of the Town, the Trustee and the Lessor shall transfer and convey to the Town all property in connection with the 2000 Project assigned, pledged and mortgaged to the Trustee by the Lessor then held by the Lessor or by the Trustee pursuant to the Indenture; and WHEREAS, pursuant to Section 4.5 of the 2000 Lease Amendment and Section 12.1 of the 1998 Lease, the Town has been granted the option to terminate the 2000 Lease and to purchase the 2000 Project upon payment by the Town of the Purchase Option Price and discharge of the 2000 Indenture Supplement; and WHEREAS, in order to exercise such option, the Town shall give written notice to the Trustee of its intention to purchase the 2000 Project, specifying a closing date for such purchase which shall be no less than 15 days after the giving of such written notice; and WHEREAS, the Town Council of the Town (the "Town Council") has determined and hereby determines it is in the best interest of the Town and its inhabitants that the Town exercise its option to purchase the 2000 Project and terminate the 2000 Lease; and WHEREAS, the Town currently has on hand funds sufficient to pay the Purchase Option Price. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. The payment of the Purchase Option Price to the Trustee is authorized and approved. The Council declares that the 2000 Project is being acquired for sale to individual purchasers and not for use for public purposes except for one unit which will be retained for Town purposes. Section 2. The Town Finance Director is hereby authorized and directed to deliver to the Trustee written notice of the Town's intention to purchase the 2000 Project and to request the Trustee and Lessor to transfer and convey to the Town all property in connection with the 2000 Project assigned, pledged and mortgaged to the Trustee by the Lessor currently held by the Lessor or by the Trustee. Section 3. All bylaws, orders and resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order or resolution or part thereof. Section 4. This Resolution shall be in full force and effect immediately upon its passage and approval. 2 PASSED, ADOPTED AND APPROVED this '2004. Mayor Attest: Town Clerk RESOLUTION NO. 04-10 SERIES OF 2004 A RESOLUTION TO AMEND THE 2004 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2004 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Town Council of the Town of Avon has adopted the 2004 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2004; and WHEREAS, the Town Council finds it necessary to amend the 2004 budget to more accurately reflect the revenues and expenditures for 2004; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2004: Original or Previously Amended 2004 Budget Town of Avon Finance Authority Beginning Fund Balance $ 783,640 Revenues and Other Sources 756,186 Expenditures and Other Uses 756,186 Current Proposed Amended 2004 Budget $ 783,640 2,539,329 2,746,057 Ending Fund Balance $ 783,640 $ 576,912 Original or Previously Amended 2004 Budget Sherwood Meadows Enterprise Fund Beginning Fund Balance $ 5,486 Revenues and Other Sources 273,864 Expenditures and Other Uses 272,675 Ending Fund Balance $ 6,675 Current Proposed Amended 2004 Budget $ 5,802 2,008,555 2,012,573 $ 1,784 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 13th day of April, 2004. ATTEST: Patty McKenny, Town Clerk TOWN OF AVON, COLORADO Buz Reynolds, Mayor 2 Finance Authority Debt Service Fund #34 Amendment #1 Fund Summary I Original or Current Prev. Amend. Proposed Difference Account Actual Actual Budget Budget Increase Number Description 2002 2003 2004 2004 (Decrease) REVENUES Investment Earnings: 57101 Investment Earnings $ 13,271 $ 7,871 $ 10,000 $ 5,600 $ (4,400) Other Revenues: 58201 Lease of Property - Sherwood Meadows Fun 192,429 193,371 194,193 1,981,736 1,787,543 58201 Lease of Property - Fleet Maintenance Fund 408,106 420,178 413,994 413,994 - Total Other Revenues 600,535 613,549 608,187 2,395,730 1,787,543 Other Sources: 59201 Transfers-In from General Fund 136,036 140,059 137,999 137,999 - Total Other Sources 136,036 140,059 137,999 137,999 - TOTAL REVENUES 749,842 761,479 756,186 2,539,329 1,783,143 EXPENDITURES Debt Service: 921 Series 2000, Certificates of Participation: 65101 Principal 75,000 75,000 80,000 2,125,000 2,045,000 65102 Interest 120,508 117,020 113,458 56,729 (56,729) 65103 Fiscal Agent Fees 900 2,400 3,400 5,000 1,600 920 Series 1998, Certificates of Participation: 65101 Principal 65102 Interest 65103 Fiscal Agent Fees TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year 250,000 270,000 275,000 275,000 - 303,562 292,938 281,328 281,328 - 900 3,250 3,000 3,000 - 750,870 760,608 756,186 2,746,057 1,989,871 (1,028) 871 - (206,728) (206,728) 784,668 783,640 783,640 783,640 - $ 783,640 $ 784,511 $ '783,640 $ 576,912 $ (206,728) Page 1 Sherwood Meadows Enterprise Fund #53 Amendment #1 Fund Summary -I REVENUES Charges for Services Total Operating Revenues Other Sources Sales of Fixed Assets Operating Transfers In Total Other Sources TOTAL REVENUES EXPENDITURES General Government: Employee Housing Total Operating Expenditures TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Original or Current Prev. Amend. Proposed Difference Actual Actual Budget Budget Increase 2002 2003 2004 2004 (Decrease) $ 121,306 $ 92,357 $ 108,864 $ 15,555 $ (93,309) 121,306 92,357 108,864 15,555 (93,309) - - - 1,863,000 1,863,000 182,500 150,000 165,000 130,000 (35,000) 182,500 150,000 165,000 1,993,000 1,828,000 303,806 242,357 273,864 2,008,555 1,734,691 269,120 265,715 272,675 2,012,573 1,739,898 269,120 265,715 272,675 2,012,573 1,739,898 269,120 265,715 272,675 2,012,573 1,739,898 34,686 (23,358) 1,189 (4,018) (5,207) (5,526) 29,160 5,486 5,802 316 $ 29,160 $ 5,802 $ 6,675 $ 1,784 $ (4,891) Page 1 Sherwood Meadows Enterprise Fund #53 Amendment #1 Fund Summa Original or Current Prev. Amend. Proposed Difference Actual Actual Budget Budget Increase Description 2002 2003 2004 2004 (Decrease) Charges for Services: Employee Housing: Rental Revenues - Employees Employee Housing Maintenance Rental Revenues - Nonemployee Late Fees and Other Charges Total Charges for Services Other Sources: Sales of Fixed Assets Operating Transfer In Total Other Sources TOTAL REVENUES $ 78,752 $ 81,272 $ 108,864 $ 15,555 $ (93,309) 9,422 588 - - - 33,032 10,497 - - - 100 - - - 121,306 92,357 108,864 15,555 (93,309) - - - 1,863,000 1,863,000 182,500 150,000 165,000 - (165,000) 182,500 150,000 165,000 1,863,000 1,698,000 $ 303,806 $ 242,357 $ 273,864 $ 1,878,555 $ 1,604,691 Page 2 Town of Avon Line Item Detail Amendment #1 Function: General Government/Housing #100 Department: N/A Program: Sherwood Meadows #191 Original or Current Prev. Amend. Proposed Difference Account Actual Actual Budget Budget Increase Number Account Description 2002 2003 2004 2004 (Decrease) Personnel Services: 61101 Regular Full-time Salaries $ 2,482 $ - $ - $ - $ - 61121 PTS Wages - 278 - - - 61304 Employee Assistance Program 1 - - - - 61401 FICA/Medicare 36 4 - - 61402 Group Health and Life Insurance 331 - - - 61505 Long-term Disability Insurance 12 2 - - 61507 Dental Insurance 31 3 - - - 61509 Worker's Compensation 104 8 - 61510 Unemployment Insurance 8 - - 61000 Total Personnel 3,005 295 - Commodities: 62899 Other Miscellaneous Operating Supplies - - - - 62000 Total Commodities - - - - Purchased and Contracted Services: 63501 R&M - Buildings and Facilities 20,330 14,920 14,040 10,000 (4,040) 63999 Other Purchased and Contracted Services 2,822 1,787 5,500 304 (5,196) 63000 Total Purchased and Contracted Services 23,152 16,707 19,540 10,304 (9,236) Other Operating Costs: 64102 Dues, Licenses and Memberships 31,716 33,696 35,628 11,232 (24,396) 64203 Electric 13,243 14,705 16,000 7,000 (9,000) 64207 Cable Television 3,631 5,930 6,513 2,000 (4,513) 64901 Advertising and Legal Notices 550 742 500 - (500) 64905 Insurance Premiums 1,394 269 301 301 - 64000 Total Other Operating Costs 50,534 55,342 58,942 20,533 (38,409) Debt Service: 65201 Capital Lease Payments 192,429 193,371 194,193 1,981,736 1,787,543 65000 Total Debt Service 192,429 193,371 194,193 1,981,736 1,787,543 Capital Outlay: 66404 Furniture and Fixtures - - - - - 66000 Total Capital Outlay - - - - - 60000 Total Expenditures $ 269,120 $ 265,715 $ 272,675 $ 2,012,573 $ 1,739,898 Page 3 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 23, 2004 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Pro Tern Mac McDevitt called the meeting to order at 5:40 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, and Ron Wolfe present. Mayor Buz Reynolds was absent. 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 Fraidy Aber, Special Events Coordinator for Recreation Department, presented information on the 2004 Easter Egg Hunt scheduled for Saturday April 10th. Some discussion ensued about marketing ideas for the event. Ordinances Town Attorney John Dunn presented Ordinance No. 04-05, Series Of 2004, on first reading, 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. He noted that Council authorized the selection of a new codifier to reprint the Avon Municipal Code and that according to Colorado Statutes; it was necessary to readopt all codes in the existing book (including codes by reference) as well the penalty provisions of each section. Dunn noted that there is inconsistencies throughout the Code Book with regard to the penalty sections, something that has occurred over the years do to various reasons. He recommended that the sections be reviewed and revised for second reading to include penalties of up to $1000 fine (as set by State Statutes) or up to one year in jail. Two exceptions would be noted, the charge of possession of marijuana (which is already mandated by State Statutes) and the provision regarding no juveniles in prison (a section that was included so that juveniles are processed through the Municipal Court system). There was some discussion about the "public work" clause found in Section 1.08.020 and it was suggested that it be revised to provide for juveniles to be able to perform public service work. Councilor Brown moved to adopt Ordinance No. 04-05, Series Of 2004, on first reading, 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, with the instruction to staff to cause the penalties to be uniform throughout the Code and if possible to revise the section addressing "public work". Councilor D. Buckley moved to second the motion and it passed unanimously. Other Business Councilor P. Buckley asked that Town Clerk include in the minutes that the July 4th sponsorship commitments are on track, but that the Town would still need another $20K in order to hold the event. Any donations are welcomed. Town Attorney Report Town Attorney John Dunn reported that the "Notice of Setting of Hearing on Plaintiff's Motion for Preliminary Injunction" had been received and that it indicated that the matter was set to the Eagle County District Court on April 8, 2004 at 9 AM. Consent Agenda Mayor Pro Tern McDevitt asked for a motion on the Consent Agenda. Councilor Brown moved to approve the consent agenda; Councilor D. Buckley seconded the motion and it passed unanimously. a. Approval of the March 9, 2004 Regular Council Meeting Minutes 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 Page 2 of 2 Memo To: Honorable Mayor & Town Council Thru: Larry Brooks, Town Manager From: Meryl Jacobs, Fraidy Aber Date: April 6, 2004 Re: Fireworks Production Contract Summary: Attached is the contract with Western Enterprises, Inc. for the production of the Town of Avon's fireworks display to be held in Nottingham Park on Saturday, July 3, 2004. The total contract is for $48,700 with a 5% discount ($2435) if paid in full by May 1, 2004. Background: The Town of Avon's Salute to the USA is Colorado's premiere 0' of July pyrotechnic production. This year our display will be surrounded by a show in Mintum on Friday evening and Vail on Sunday. Combined marketing efforts are in the works to pull visitors from the front-range to the mountains for a long and spectacular 4"' of July weekend. Avon's Salute will feature 12,000 shell effects with musical accompaniment lasting twenty five minutes in duration. Recommended Action: Authorize the Mayor to sign the attached contract between the Town of Avon and Western Enterprises, Inc. in the amount of $46,265 for the purchase and production of the 4t" of July fireworks display. Town Manager Comments: FIREWORKS PRODUCTION CONTRACT 1 of 3 1. This Contract is entered into this day of , 20 by and between WESTERN ENTERPRISES, INC., designated herein as the "SELLER", and TOWN OF AVON, designated herein as the "PURCHASER" for a fireworks production to be held on JULY 3, 2004. 2. SELLER will secure, prepare and deliver said fireworks as outlined, or will make necessary substitutions of equal or greater value. SELLER will include the services of a Pyrotechnic Operator to take charge of, set up and fire the display, along with such help as he deems necessary to perform the fireworks display safely, and in accordance with such Federal, State or Local laws that might be applicable. 3. SELLER agrees that the Operator and Assistant(s) are to check the display area after the presentation of the fireworks display for any "duds" or other material which might not have ignited. Any such material found by any person other than the Operator shall be turned over to the Operator, or the proper authority having jurisdiction, for safe keeping or disposal of said material. 4. PURCHASER will furnish a secured area with minimum safety distances established by the SELLER after an on-site inspection of the proposed firing location. PURCHASER will provide adequate police protection and/or other adequate security to maintain these distances. PURCHASER also agrees to have a fire truck available on location during the display. 5. No Purchaser Liability. In carrying out any of the provisions of this Contract or in exercising any power or authority thereby, there shall be no personal liability of the PURCHASER, its officers, staff, consultants, officials, attorneys, representatives, agents, or employees. 6. Indemnification. The SELLER agrees to indemnify and hold harmless the PURCHASER and its officers, attorneys, agents, employees, representatives, insurers, and self-insurance pool from and against all liability, claims, and demands on account of injury, personal injury, sickness, disease, death, property loss, or damage, or any other loss of any kind whatsoever which arises out of or is in any manner connected with this Contract or the work, if such injury, loss, or damage is caused in whole in or part by , the act, omission, error, professional error, mistake, negligence, or other fault of the SELLER, any subcontractor of the SELLER, or which arises out of any workers' compensation claim of any employee of the SELLER or of any employee of any subcontractor of the SELLER. The SELLER agrees to investigate, handle, respond to, and to provide defense for and defend against any such liability, claims, or demands at the expense of the SELLER. The SELLER also agrees to bear all other costs and expenses related thereto, including court costs and attorneys' fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 7. Insurance. a. General. The SELLER shall not commence work under this Contract until it has obtained all insurance required herein and such insurance has been approved by the PURCHASER. The SELLER shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Contract, the SELLER must maintain the insurance coverage required in this section. b. Insurance. (1) The SELLER agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the SELLER pursuant to this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this Contract or by law. The SELLER shall not be relieved of any liability, claims, demands, or other obligations assumed by this Contract by reason of its failure to procure or maintain insurance, or by reason of it failure to procure or maintain insurance in sufficient amounts, duration, or types. FIREWORKS DISPLAY CONTRACT 2 of 3 (2) SELLER shall procure and maintain, and shall cause each subcontractor of the SELLER to procure and maintain, the minimum insurance coverage listed below. Such coverage shall be procured and maintained with forms and insurers acceptable to the PURCHASER. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the SELLER herein. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (a) Workers' compensation insurance to cover obligation imposed by applicable laws for any employee engaged in the performance of work under this Contract, and employers liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000) disease - each employee. Evidence of qualified self-insured status may be substituted for the workers' compensation requirements of this paragraph. (b) General liability insurance with minimum, combined single limits of FIVE MILLION DOLLARS ($5,000,000) each occurrence and FIVE MILLION DOLLARS ($5,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall also include coverage for explosion and shall contain a severability of interests provision. (c) Comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of SELLER'S owned, hired, or non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. (3) The policy required by paragraph (2) (b) above and by paragraph (2) (c) above shall be endorsed to include the PURCHASER and its officers, agents, officials, and employees as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the PURCHASER, its officers, or its employees, or carried by or provided through any insurance pool of the PURCHASER shall be excess and not contributory insurance to that provided by SELLER. No additional insured endorsement to the policy required by paragraph (2) (a) above shall contain any exclusion for bodily injury or property damage arising from completed operations. The SELLER shall be solely responsible for any deductible losses under any policy required by the PURCHASER. (4) The Certificate of Insurance provided to the PURCHASER shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the PURCHASER prior to commencement of the Contract. No other form of certificate shall be used. The Certificate of Insurance shall identify this Contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated, or materially changed until at least 30 days' prior written notice has been given to the PURCHASER. The completed Certificate of Insurance shall be submitted to the PURCHASER'S Recreation Director. (5) Failure on the party of the SELLER to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which the PURCHASER may immediately terminate this Contract, or at its discretion, the PURCHASER may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith as a cost of this project. All monies so paid by the PURCHASER shall be repaid by SELLER to the PURCHASER upon demand, or the PURCHASER may offset the cost of the premiums against any monies due to SELLER from the PURCHASER. (6) The PURCHASER reserves the right to request and receive a certified copy of any policy and any endorsement thereto. FIREWORKS PRODUCTION CONTRACT 3 of 3 (7) The parties hereto understand and agree that the PURCHASER is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 at seq., 10 C.R.S., as from time to time amended, or otherwise available to the Purchaser, its officers, or employees. 6. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of FORTY EIGHT THOUSAND SEVEN HUNDRED DOLLARS & NO/100 ($48,700.00) to be paid within fifteen (15) days after the date of the display. HOWEVER, if payment is made in full by May 1, 2004, a five percent (5%) discount will apply. That discount can either be deducted from the total contract price, or the PURCHASER may elect to receive that amount of extra pyrotechnic product in lieu of the discount. Unpaid accounts are subject to one percent (1%) interest charge per month after fifteen days. 9. In the event of inclement weather or other adverse conditions, so as to cause postponement of the display, it is agreed and understood that PURCHASER will notify SELLER regarding the postponement date, normally the following night, or at some future date within the calendar year. If the PURCHASER will not re-schedule the display within the calendar year, or completely cancels the display, the PURCHASER agrees to pay to the SELLER Fifty percent (50%) of the cost of the display ($24,350.00). If prepayment option has been exercised, SELLER will refund to PURCHASER the total amount paid, less the 50% mentioned above. 10. Witness whereof, we have caused our signatures to be affixed to this Document, on this day of , 20 WESTERN ENTERPRISES, INC. SELLER TOWN OF AVON PURCHASER BY: authorized agent BY: authorized agent Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Fraidy Aber, Meryl Jacobs Date: 4-7-04 Re: American Crown Circus Contract Summary: American Crown Circus is returning to Avon this summer to Nottingham Park. They had a great turnout last year and we anticipate great audiences this year as well. This circus will fill out a special events permit (as they have in the past) The contract is the same as last years. Financial Implications: The Town of Avon received a percentage of all ticket sales from the circus. Last year we received $890 from ticket sales. The circus is on a Thursday night and does not interfere with regularly planned activities in the Park Town Manger Comments: Attachments: American Crown Circus Contract VON C O L O R A D O Town cfAwn P.O. Bmc975 900 Baxtrrak Road Awn, Cobradb81620 970-798-4005 Office of the Town Manager To: Honorable Mayor and Town Council From: Larry Brooks, Town Manager i Date: April 7, 2004 Regarding: 1-70 Central Mountain Corridor Coalition Attached you will find an intergovernmental agreement to establish a coalition. The goal of the grass roots effort is to develop a united and broad based voice of concern for the lack of adequate funding for the Interstate 70 corridor in central Colorado. This effort has been initiated by those among us who are becoming increasingly concerned about this issue, and the consequences to our regional and state economy if it does not receive the priority-base attention it must have. Recent history in the state has seen multi jurisdictional efforts to address the future of the I- 70 corridor fail. Those have included CARTS and CIFGA coalitions, who have since dissolved. A number of our neighbors along the corridor, including Summit County, Breckenridge, Silverthorne, Dillon, Clear Creek County and Eagle County to name only a few governmental entities that I can remember; have already signed the agreement. It is my recommendation that the council take a similar action. We understand that some districts and private entities may also be interested. I would also suggest that if you approve this agreement, that you appoint an elected official to represent the Town's position. This is also a group in which I should be involved as a regular attendee or as an alternate. INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF AN INTERSTATE 70 CENTRAL MOUNTAIN TRANSPORTATION CORRIDOR COALITION THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into on January 20, 2004 by and between several counties and towns in the 1-70 mountain corridor. WHEREAS, the purpose of this Intergovernmental Agreement is to form an informal, non-statutory coalition of governments along the Interstate 70 central mountain corridor in Colorado to plan and create locally preferred alternatives to meet the current needs and to plan for the future for the improvement of transportation; and WHEREAS, the goal of this agreement is to have the existing Interstate 70 be as well maintained and improved as possible, be as safe as possible, and to have a plan in place that will address the transportation needs in the corridor for the next fifty years; and WHEREAS, significant local input is essential to formulate locally preferred alternatives for inclusion in a transportation plan that minimizes and balances detrimental environmental impacts, preservation of the unique local character of the counties and towns in the corridor; and provides for the effective flow of ever increasing traffic volumes, and WHEREAS, the counties and towns feel that the thoughts, opinions and desires of our local communities need to be continually brought forward as part of this process; and WHEREAS, for the purpose of this agreement the Central Mountain Interstate 70 Corridor is defined as, but not limited to, the counties and towns that are listed as participants and or potential participants to this agreement; and WHEREAS, the parties to this agreement wish to acknowledge their participation in this coalition to promote the health, safety and welfare; and WHEREAS, the parties have agreed upon the terms and conditions under which parties will participate in the coalition as more fully set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: A. COALITION PURPOSES: The general purposes of the Coalition are: 1. To prepare locally preferred alternative transportation plans for the corridor that could be presented to the Colorado Department of Transportation. 2. To determine the locally preferred alternatives to meet the wants and needs of our local communities to better serve them in their transportation needs. 3. To attempt to influence the Colorado Department of Transportation, the Colorado State Legislature, the Federal Highway Administration, the United States Congress and other Federal and State entities having jurisdiction over the planning, implementation or operation of corridor transportation projects to provide resources to build locally preferred alternatives to meet the transportation goals of the corridor. 4. To apply for grants and other funding, through sponsorship of a member agency, from Colorado, Federal and other sources to do planning and research on methods to build locally preferred alternatives to improve transportation in the corridor. 5. To study the feasibility and pro's and con's of becoming an integrated Colorado Department of Transportation Commissioner District, Engineering District and Planning District. B. GOVERNANCE: 1. VOTING MEMBERS: Each signatory member to this agreement shall have one vote. 2. COALITION BOARD: The Coalition Board shall be comprised of all signatory members. 3. EXECUTIVE COMMITTEE: The Coalition Board shall appoint an Executive Committee consisting of one member from each member county The member could be from the member county or one of the towns in the member county in the coalition. 4. DUES AND EXPENSES: Each member would pay their own costs of participating and there would not be any dues. If a special project were approved by the Coalition Board then the Board by separate agreement will develop a funding formula for paying the expense of the project. Any member opting to not participate in the funding formula would terminate membership in the Coalition. 5. STAFF: There will be no staff except those contracted for a specific short-term purpose. C. COALITION BOARD DUTIES AND OBLIGATIONS: 1. Establish a quarterly meeting schedule. 2, Establish bylaws and rules of conduct for the Coalition. 3. Define and prioritize the Coalition projects to be undertaken by the Executive Committee. 4. Appoint the Executive Committee from nominations made by the members. 5. Approve locally preferred alternatives and action plans prepared by the Executive Committee, 6. Adopt an annual coalition budget for projects in the upcoming year. 7, Determine the formula for calculating the funding of projects. D. EXECUTIVE COMMITTEE DUTIES: 1. Establish a monthly meeting schedule. 2, Advance the purposes of the Coalition and complete the projects prioritized by the Coalition Board. 3. Provide quarterly activity reports to the Coalition Board providing a statistical and a narrative summary of the Executive Committee activities. E. MEMBER OBLIGATIONS: 1, Appoint a representative to the Coalition Board and to participate in meetings on a regular basis. 2. Hold harmless the Coalition Board, its members, its officers, employees, and agents. F. TERMINATION: 1. FOR CAUSE. In the event that a member materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, the Coalition shall notify the defaulting party in writing of the nature of such default; Within thirty (30) days following receipt of such notice the defaulting party shall correct such default, or in the event of a default not capable of being corrected within thirty (30) days of receipt of notification thereof and thereafter correct the default with due diligence, If the defaulting party fails to correct the default as provided above, the Coalition, without further notice, shall have the right to declare that this Agreement is terminated, in so far as it concerns the defaulting member, effective upon such as the Coalition shall designate and the non defaulting member shall have the right to recover such damages as it shall be entitled to by law. The rights and remedies provided for herein may be exercised singly or combination, 2. NOT FOR CAUSE. A member may terminate its participation in this Agreement for any reason by providing the Coalition a minimum of a written notice of Intent to Terminate no later than ninety (90) days prior to the thirty- first day of December of the year in which the notice is given. Such termination shall become effective upon the first day of January of the year succeeding the date on which the notice is given. Other than as permitted in paragraph F,1 above, no member shall be permitted to withdraw from this Agreement prior to the end of a year, and in no circumstance will any portion of the withdrawing agency's contribution to the Coalition be returned or prorated due to withdrawal. G. WAIVER: The failure of a party to exercise any of its rights under this Agreement shall not be a waiver of those rights, H. TERM/RENEWAL: This Agreement shall be renewed annually on January 1 of each succeeding year. Notwithstanding the yearly renewal or anything herein contained to the contrary, the obligation of the parties under this Agreement shall be, where appropriate, subject to an annual appropriation of the member's governmental body in an amount sufficient to allow the member to perform its obligations hereunder. In the event sufficient funds are not appropriated for the payment of sums due to the Coalition, hereunder, this Agreement may be terminated by either the Coalition or the non-appropriating member without penalty, provided the member furnished the Coalition written notice ninety (90) days prior to the date of non-appropriation if possible, Such termination shall become effective upon the first day of January for the year that the non-appropriation operates. No member shall be permitted to withdraw from this agreement prior to the end of the year due to the non-appropriation of funds for the following year, and in no circumstance will any portion of the withdrawing member's contribution to the Coalition be returned or pro-rated due to withdrawal. The member's obligations hereunder shall not constitute a general obligation indebtedness, or multiple year direct or indirect debt, or other financial obligation whatsoever within the meaning of the Constitution or laws of the state of Colorado. 1. NOTICE: All notices required to be given to the Coalition under this agreement shall be addressed to Interstate 70 Central Mountain Transportation Corridor Coalition. J. MODIFICATION: This Agreement may be modified or amended only by instrument duly authorized and executed by the parties hereto. K. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. L. THIRD PARTIES: This Agreement does not, and shall not be deemed to confer upon any third party any right to claim damages or to bring suit, or other proceeding against any party because of any term contained in the Agreement. M. SEVERABILITY: In case one or more of the provisions contained in this Agreement, or any application hereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and the application thereof shall not in any way be affected or impaired thereby. N. APPLICABLE LAW: At all times during the performance of this Agreement, the parties shall strictly adhere to all applicable federal, state, and local laws, rules and regulations that have been or may hereafter be established, and all work performed under this Agreement shall comply with Federal, State, and local laws, rules and regulations. 0. APPROVAL BY GOVERNING BOARDS OR OTHERS WITH AUTHORITY: In accordance with Section 29-1-203(1), C.R.S. this Agreement shall not become effective unless and until it has been approved by the Boards of County Commissioners, Town Councils, and other authorities having the power to so approve. IN WITNESS WHEREFORE, this agreement is executed and entered into on the day and year first written above. Signature Date: Signature Jurisdiction Jurisdiction Date: