TC Council Packet 06-22-2004STATE 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 JUNE 22, 2004, AT 2:30 PM AT THE AVON
MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
2:30 PM - 3:45 PM 1) Council Committee Updates - Council members are assigned to several
committees and update their progress.
Channel 5 & Fly Summer Vail Updates (Councilor Brown)
Marketing / Town Signage Avon Road (Councilor P. Buckley)
Development discussion related to non-developable area
(Mayor Pro Tern McDevitt)
3:45 PM - 4:15 PM 2) 2003 Audited Financial Statements Presentation, Clifton
Gunderson (Bill Petri) - The presentation of the Town's
comprehensive annual financial report.
4:15 PM - 4:30 PM 3) Report on Dantas Builders - Request for Reimbursement of
Architectural Fees (Larry Brooks) - Dave Dantas originally asked for
the Council to consider reimbursement of fees incurred for redesign of
a proposed duplex project. He is withdrawing that request, and we
will update the Council on that discussion.
4:30 PM - 5:00 PM 4) Liquor Licensing Review of New Legislation (John Dunn, Jeff
Layman) - Review of recently passed legislation referred to as HB 04-
1021, i.e. wine tasting and resealing of vinous liquors.
5:00 PM - 5:30 PM 5) Staff Updates
a. Water Rights Lease Agreement Update (Norm Wood) - Update
on modifications to Town's Water Rights Lease to UERWA.
b. Sewer System Upgrades in the Town of Avon (Norm Wood) -
Review of plans for proposed sewer trunk line for Village at Avon
& improvements to lines for ERWSD near municipal building
c. Request for Proposal for Lighting Services - Scope of Service
(Tambi Katieb / Norm Wood)
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.
¦ Comments from the public are welcome.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 18, 2004:
? Avon Municipal Building, Main Lobby
? Alpine Bank, Main Lobby
? Avon Recreation Center, Main Lobby
? City Market, Main Lobby
Avon Council Meeting. 04.06.22
Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director ?j-
Date: June 17, 2004
Re: 2003 Audited Financial Statements Presentation
Summary:
Representatives from Clifton Gunderson LLC, the Town's independent certified public
accountants will be here Tuesday afternoon to present the Town's comprehensive annual
financial report to Council.
Town Manager Comments:
4
Page 1
AVO N
C O L O R A D O
To?vncfAwn
P.O.Bmc975
900 Bendtnark Road
Awn, Gobmdo81620
970-798.4006
Office of the Town Manager
To: Honorable Mayor and Town Council
From: Larry Brooks, Town Manager L%' Date: June16, 2004
Regarding: Request for architectural fees reimbursement
During the scheduled discussion of builder concerns at the last council meeting of June 8tn
Dave Dantas submitted an invoice for architectural service for the council's consideration.
The request at that time was for the council to reimburse Dave for the costs incurred to
redesign the height of his proposed duplex project. His efforts to redesign the project had
cost him time and money, and his request was to recover the latter through the additional
professional fees shown in the attached invoice.
I have met two times with Dave to discuss the record of events, and his two plan submittals.
After reviewing the materials, Dave has come to the conclusion that he would prefer to
withdraw his request for reimbursement. I have offered Dave the opportunity to talk with you
at the work session about the importance of this topic however, since our discussions
served up some interesting points about the importance of this issue. We have mutually
explored some very good points, which Dave and I will share with you.
Jun 08 04 11:41a Michael Pukaa 970-926-4212 P.1
INVOICE
PO Box 4227
34999 Highway 6, #G 2011
Edwards, CO 81632
c 970-390 A931
f 970-926-4212
michaelPmpc2desictnshQg,cgr7i
Invoice #: 0405-02
Date: June 08, 2004
To: Dantas Builders
Tel: 970-376-61 11
Fax:
Project- Lot 5, Wildridge Duplex
Job #: 0405
Regarding: Architectural Services
Description of Services:
Date Description Amount Rate Total
05110104-
06/04/04 Approximate time for redes;gn due to
?own of Avon ruling or building height
being calculated from top of slab
lower level 12 hrs $60.00 $720.00
Total Due $720.001
SIGNED: P ich el , P as
Cc.
Payment is dvc within 30 dogs of invoice dote. P, 1 %Icklv fee Will be ch xgad for "AOCTrlding bdonces.
0<QS-2o invpic?_Cartos-lch5_OdL'$-04.c}cx: Dogs I of I
MEMO
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jeff Layman, Chief of Police
John Dunn, Town Attorney
Patty McKenny, Town Clerk
Date: June 15, 2004
Re: Colorado House Bill 04-1021
Summary:
HB 04-1021 reduces the DUI blood alcohol content from .10 to .08, while retaining the
.05 DWAI (Drove While Ability Impaired) provision.
The bill also permits local governments to allow alcoholic beverage tastings at retail
liquor stores and it allows restaurants to "re-seal" and patrons to remove from the
premises bottles of wine purchased at the restaurant. The focus of this memo is the last
two provisions of the bill. The law becomes effective on July 1. 2004.
Representatives from the liquor stores and restaurants in town will be invited to attend
this discussion.
Previous Council Action:
A liquor store owner and town staff recently notified council members that these topics
would soon require their attention.
Discussion:
Attached, members will find copies of both HB 04-1021 and a memo from CML's Kevin
Bommer regarding the finer points of the new law. One of the more important aspects of
the law is that in order for a municipality's liquor stores to participate in tastings, it must
first enact "opt-in" legislation (HB 04-1021, Page 7, 12-47-301).
Questions for council discussion revolve around whether the Town of Avon wishes to
enact an "opt-in" ordinance, whether such an ordinance would be more restrictive than
the statute and whether the council wishes to provide case by case management of such
tastings.
Although Town staff has no major concerns with enacting "opt-in" legislation based on
the statute per se, one consequence of tastings discussed is that of zoning, specifically,
parking. Generally speaking, a liquor store does not require the same number of parking
spaces as a restaurant/bar. The nature and number of tastings that a liquor store hosts
may directly affect the operations of surrounding businesses and interfere with the
enjoyment of other private property in the area. It may also cause some "on-street"
parking concerns.
container. Discussion on this portion of the state law should center on whether to amend
the town ordinance to allow open containers or not.
Financial Implications:
The tastings portion of the bill will, among other things, require the Town Clerk and/or
the police department certify that the server has completed a server training program
meeting state standards. An increased amount of Town of Avon administrative time will
be spent preparing, approving and monitoring applications, depending on which licensing
option the council enacts.
Recommendation:
Town staff desires direction from council, after discussion between council members,
liquor store merchants and town staff, on which direction to pursue.
Town Manager Comments:
Ze'
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1144 Sherm Street • Denver, COMO 80203-2207 • Phone (303) 831-6411, FAX (303) 860-8175
TO: All interested municipal officials
FROM: Kevin Bommer, Technical Services Coordinator
RE: HB 04-1021 -New language allowing alcohol beverage tastings
DATE: May 14, 2004
HB 04-1021 that reduces the legal blood alcohol content from .10 to .08 BAC, effective July 1,
also permits local governments to allow alcohol beverage tastings at retail liquor stores and
liquor-licensed drug stores. Many municipalities are already receiving requests from various
interested parties to "opt-in" and allow tastings to occur.
If tastings are to be allowed, there are two significant policy issues that need to be determined in
prior to deciding to enact an opt-in ordinance.
1. Whether the ordinance will further restrict beyond the limitations of the statute:
a. The number of tastings per year per licensee
b. The days on which tastings may occur
c. The number of hours a tasting may last.
The statute will allow a local governing body to further restrict these three criteria only,
but in no case can a governing body weaken the statutory limits.
2. Whether the municipality wants to approve licensee's to conduct tastings on a case-by-
case basis.
a. Tastings may occur with no further restrictions and no approval by the local
licensing authority of individual licensee's request to conduct tastings. In this
case, all retail liquor stores and liquor-licensed drug stores could conduct tastings
(according to the law) without licensing authority approval
b. Alternately, local licensing authorities may create an application and reasonable
application fee for case-by-case approval of tastings. Applications can be denied
if an applicant cannot establish that it can comply with the law (liquor code) or
that public safety is jeopardized
It is expected that some municipalities in populated and resort areas will be lobbied by the liquor
industry to allow tastings. Attached to this memorandum is a chart showing the major provisions
of HB 04-1021 relating to tastings and how it may be implemented if a municipality chooses to
opt-in. For more detail you may want to view HB 04-1021 directly by clicking here or cutting
and pasting this link into your web browser:
http://www.leg.state.co.us/clics2004a/csl.nsf/fsbilicont3/OD15452AIFB9A65787256D8D0069BA01?open&file=1021 rer pdf
For more information, please do not hesitate to call me or email me at kbommer@cml.org.
Tasttngs memo
Page 2
LOCAL GOVERNMENT OPT-IN
LOCAL APPROVAL ON A
CASE-BY-CASE BASIS
STATUTORY LIMITATIONS
ON TASTINGS
LIABILITY
• Ordinance at municipal level for licensee
within city limits
• Resolution at county level for licensee in
unincorporated area
• Opt-in ordinance/resolution may further
restrict statutory limits on number of
tastings per year per licensee, days on
which tastings may occur, and the number
of hours a tasting may last.
• Local licensing authority may establish its
own application procedure and reasonable
fee
• LLA can reject application if applicant
cannot establish ability to comply with the
law or will create a public safety risk to the
neighborhood
• Conducted by on licensed premises by a
licensee or licensee's employee that has
completed a server/seller training program
approved by the Dept. of Revenue
• Samples = 1 oz of wine/malt liquor or 0.5
oz of spirituous liquor
• No more than 5 hours per day between 11
a.m. and 7 p.m. and no more than any four
of six days of the week, Monday-Saturday,
not to exceed 104 days/year.
• Licensee will accept full liability for
violations of liquor code, regardless if they
occur by an "employee, agent, or
otherwise" and "licensee shall be subject to
the same revocation, suspension, and
enforcement provisions" as would
normally apply
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
C( A,
n t >>
HOUSE BILL 04-1021
BY REPRESENTATIVE(S) Briggs, Merrifield, Carroll, Frangas, Plant,
Stafford, and Williams S.;
also SENATOR(S) McElhany, Arnold, Groff, Grossman, Hanna, Isgar,
Phillips, Tapia, Tupa, and Veiga.
CONCERNING THE CONSUMPTION OF ALCOHOL, AND MAKING AN
APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 42-4-1301 (2) (a), (4), (6) (a) (I1), and (6) (a) (III),
Colorado Revised Statutes, are amended to read:
42-4-1301. Driving under the influence - driving while impaired
- driving with excessive alcoholic content - penalties. (2) (a) It is a
misdemeanor for any person to drive any vehicle in this state when the
person's BAC is 049 0.08 or more at the time of driving or within two
hours after driving. During a trial, if the state's evidence raises the issue, or
if a defendant presents some credible evidence, that the defendant
consumed alcohol between the time that the defendant stopped driving and
the time that testing occurred, such issue shall be an affirmative defense,
Capital letters indicate new material added to existing statutes; dashes
through words indicate deletions from existing statutes and such material
not part of act.
and the prosecution must establish beyond a reasonable doubt that the
minimum 040 0.08 blood or breath alcohol content required in this
paragraph (a) was reached as a result of alcohol consumed by the defendant
before the defendant stopped driving.
(4) No court shall accept a plea of guilty to a non-alcohol-related or
non-drug-related traffic offense or guilty to the offense of UDD from a
person charged with DUI, DUI per se, DWM, or habitual user; except that
the court may accept a plea of guilty to a non-alcohol-related or
non-drug-related traffic offense or to UDD upon a good faith representation
by the prosecuting attorney that the attorney could not establish a prima
facie case if the defendant were brought to trial on the original
alcohol-related or drug-related offense.
(6) (a) In any prosecution for DUI or DWAI, the defendant's BAC
at the time of the commission of the alleged offense or within. a reasonable
time thereafter gives rise to the following presumptions or inferences:
(II) If at such time the defendant's BAC was in excess of 0.05 but
less than 0-+6 0.08, such fact gives rise to the permissible inference that the
defendant's ability to operate a vehicle was impaired by the consumption of
alcohol, and such fact may also be considered with other competent
evidence in determining whether or not the defendant was under the
influence of alcohol.
(III) If at such time the defendant's BAC was 040 0.08 or more,
such fact gives rise to the permissible inference that the defendant was
under the influence of alcohol.
SECTION 2. 42-4-1300.3 (3), Colorado Revised Statutes, is
amended to read:
42-4-1300.3. Definitions. As used in this part 13, unless the context
otherwise requires:
(3) "DUI per se" means driving with a BAC of 07-0 0.08 or more,
and use of the term shall incorporate by reference the offense described in
section 42-4-1301 (2) (a).
SECTION 3. 18-3-106 (2) (b) and (2) (c), Colorado Revised
PAGE 2-HOUSE BILL 04-1021
Statutes, are amended to read:
18-3-106. Vehicular homicide. (2) In any prosecution for a
violation of subsection (1) of this section, the amount of alcohol in the
defendant's blood or breath at the time of the commission of the alleged
offense, or within a reasonable time thereafter, as shown by analysis of the
defendant's blood or breath, shall give rise to the following presumptions:
(b) If there was at such time in excess of 0.05 but less than 0-+0
0.08 grams of alcohol per one hundred milliliters of blood, or if there was
at such time in excess of 0.05 but less than O-. W 0.08 grams of alcohol per
two hundred ten liters of breath, such fact may be considered with other
competent evidence in determining whether or not the defendant was under
the influence of alcohol.
(c) If there was at such time 040 0.08 or more grams of alcohol per
one hundred milliliters of blood, or if there was at such time 0-." 0.08 or
more grams of alcohol per two hundred ten liters of breath, it shall be
presumed that the defendant was under the influence of alcohol.
SECTION 4. 18-3-205 (2) (b) and (2) (c), Colorado Revised
Statutes, are amended to read:
18-3-205. Vehicular assault. (2) In any prosecution for a violation
of subsection (1) of this section, the amount of alcohol in the defendant's
blood or breath at the time of the commission of the alleged offense, or
within a reasonable time thereafter, as shown by analysis of the defendant's
blood or breath, shall give rise to the following presumptions:
(b) If there was at such time in excess of 0.05 but less than 0-1-0
0.08 grams of alcohol per one hundred milliliters of blood, or if there was
at such time in excess of 0.05 but less than 040 0.08 grams of alcohol per
two hundred ten liters of breath, such fact may be considered with other
competent evidence in determining whether or not the defendant was under
the influence of alcohol.
(c) If there was at such time 040 0.08 or more grams of alcohol per
one hundred milliliters of blood, or if there was at such time 040 0.08 or
more grams of alcohol per two hundred ten liters of breath, it shall be
presumed that the defendant was under the influence of alcohol.
PAGE 3-HOUSE BILL 04-1021
SECTION 5. 42-2-126 (2) (a) (I), (2) (a) (I.5), (5) (a) (I), (7) (a) (I),
(9) (c) (I), and (9) (c) (II), Colorado Revised Statutes, are amended to read:
42-2-126. Revocation of license based on administrative
determination. (2) (a) The department shall revoke the license of any
person upon its determination that the person:
(I) Drove a vehicle in this state when the amount of alcohol, as
shown by analysis of the person's blood or breath, in such person's blood
was 040 0.08 or more grams of alcohol per one hundred milliliters of blood
or 040 0.08 or more grams of alcohol per two hundred ten liters of breath
at the time of driving or within two hours after driving. If the
preponderance of the evidence establishes that such person consumed
alcohol between the time that the person stopped driving and the time of
testing, the preponderance of the evidence must also establish that the
minimum 0-40 0.08 blood or breath alcohol content was reached as a result
of alcohol consumed before the person stopped driving.
(I.5) Drove a vehicle in this state when such person was under
twenty-one years of age and when the amount of alcohol, as shown by
analysis of the person's blood or breath, in such person's blood was in
excess of 0.05 but less than 0-.+0 0.08 grams of alcohol per one hundred
milliliters of blood or in excess of 0.05 but less than 0-.W 0.08 grams of
alcohol per two hundred ten liters of breath at the time of driving or within
two hours after driving. If the preponderance of the evidence establishes
that such person consumed alcohol between the time that the person
stopped driving and the time of testing, the preponderance of the evidence
must also establish that the minimum required blood or breath alcohol
content was reached as a result of alcohol consumed before the person
stopped driving.
(5) (a) (I) Whenever a law enforcement officer requests a person to
take any test or tests as required by section 42-4-1301.1 and such person
refuses to take or to complete or to cooperate in the completing of such test
or tests or whenever such test results are available to the law enforcement
officer and such tests show an alcohol concentration of 040 0.08 or more
grams of alcohol per one hundred milliliters of blood as shown by analysis
of such person's blood or 0-1$ 0.08 or more grams of alcohol per two
hundred ten liters of breath as shown by analysis of such person's breath if
the person is twenty-one years of age or older or, subject to section
PAGE 4-HOUSE BILL 04-1021
42-4-1301.1, at least 0.02 but not in excess of 0.05 grams of alcohol per
two hundred ten liters of breath as shown by analysis of such person's
breath if the person is under twenty-one years of age and when the person
who is tested or who refuses to take or to complete or to cooperate in the
completing of any test or tests is still available to the law enforcement
officer, the officer, acting on behalf of the department, shall serve the notice
of revocation personally on such person.
(7) (a) The periods of revocation specified by subsection (6) of this
section are intended to be minimum periods of revocation for the described
conduct. No license shall be restored under any circumstances, and no
probationary license shall be issued during the revocation period; except
that:
(1) A person whose privilege to drive a commercial motor vehicle
has been revoked because the person drove a commercial motor vehicle
when the person's blood alcohol content was 0.04 or greater, but less than
971-6 0.08, grams of alcohol per one hundred milliliters of blood or per two
hundred ten liters of breath and who was twenty-one years of age or older
at the time of the offense may apply for a driver's license of another class
or type as long as there is no other statutory reason to deny the person a
license. Such person may not operate any commercial motor vehicle during
the period of revocation of such person's privilege to operate commercial
motor vehicles. The department may not issue such person a probationary
license that would authorize such person to operate any commercial motor
vehicle.
(9) (c) (I) Where a license is revoked under subparagraph (1), (I.5),
or (I.7) of paragraph (a) of subsection (2) of this section, the sole issue at
the hearing shall be whether, by a preponderance of the evidence, the
person drove a vehicle in this state when the amount of alcohol, as shown
by analysis of the person's blood or breath, in such person's blood was 040
0.08 or more grams of alcohol per one hundred milliliters of blood or 046
0.08 or more grams of alcohol per two hundred ten liters of breath at the
time of driving or within two hours after driving if the person was
twenty-one years of age or older at the time of driving the vehicle or,
subject to section 42-4-1301.1, at least 0.02 but not in excess of 0.05 grams
of alcohol per two hundred ten liters of breath at the time of driving or
within two hours after driving if the person was under twenty-one years of
age at the time of driving the vehicle, or in excess of 0.05 grams of alcohol
per one hundred milliliters of blood or in excess of 0.05 grams of alcohol
PAGE 5-HOUSE BILL 04-1021
per two hundred ten liters of breath at the time of driving or within two
hours after driving if the person was under twenty-one years of age at the
time of driving the vehicle. If the preponderance of the evidence establishes
that such person consumed alcohol between the time that the person
stopped driving and the time that testing occurred, the preponderance of the
evidence must also establish that the minimum 640 0.08 blood or breath
alcohol content required in subparagraph (I) of paragraph (a) of subsection
(2) of this section, the minimum 0.05 blood or breath alcohol content
required in subparagraph (I.5) of paragraph (a) of subsection (2) of this
section, or the minimum 0.02 breath alcohol content required in
subparagraph (I.7) of paragraph (a) of subsection (2) of this section was
reached as a result of alcohol consumed before the person stopped driving;
or, where a license is revoked under subparagraph (II) of paragraph (a) of
subsection (2) of this section, whether the person refused to take or to
complete or to cooperate in the completing of any test or tests of the
person's blood, breath, saliva, or urine as required by section 42-4-1301.1.
If the presiding hearing officer finds the affirmative of the issue, the
revocation order shall be sustained. If the presiding hearing officer finds
the negative of the issue, the revocation order shall be rescinded.
(11) When the determination of the issue pursuant to this paragraph
(c) is based upon an analysis of the respondent's blood or breath and
evidence is offered by the respondent to show a disparity between the
results of the analysis done on behalf of the law enforcement agency and
the results of an analysis done on behalf of the respondent, and when a
preponderance of the evidence establishes that the blood analysis conducted
on behalf of the law enforcement agency was properly conducted by a
qualified person associated with a laboratory certified by the department of
public health and environment using properly working testing devices or
when a preponderance of the evidence establishes that the law enforcement
breath test was administered using a properly working breath testing device
certified by the department of public health and environment, which device
was properly operated by a qualified operator, there shall be a presumption
favoring the accuracy of the analysis done on behalf of the law enforcement
agency if such analysis showed the amount of alcohol in the respondent's
blood or breath to be 0-12 0.096 or more grams of alcohol per hundred
milliliters of blood or 042 0.096 or more grams of alcohol per two hundred
ten liters of breath. If the respondent offers evidence of blood or breath
analysis, the respondent shall be required to state under oath the number of
analyses done in addition to the one offered as evidence and the names of
the laboratories that performed the analyses and the results of all analyses.
PAGE 6-HOUSE BILL 04-1021
SECTION 6. 12-47-103, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
12-47-103. Definitions. As used in this article and article 46 of this
title, unless the context otherwise requires:
(37.5) "TASTINGS" MEANS THE SAMPLING OF MALT, VINOUS, OR
SPIRITOUS LIQUORS THAT MAY OCCUR ON THE PREMISES OF A RETAIL LIQUOR
STORE LICENSEE OR LIQUOR-LICENSED DRUGSTORE LICENSEE BY ADULT
PATRONS OF THE LICENSEE PURSUANT TO THE PROVISIONS OF SECTION
12-47-301(10).
SECTION 7. 12-47-301, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
12-47-301. Licensing in general. (10) (a) THE PROVISIONS OF THIS
SUBSECTION (10) SHALL ONLY APPLY WITHIN A COUNTY, CITY AND COUNTY,
OR MUNICIPALITY IF THE GOVERNING BODY OF THE COUNTY, CITY AND
COUNTY, OR MUNICIPALITY ADOPTS AN ORDINANCE OR RESOLUTION
AUTHORIZING TASTINGS PURSUANT TO THIS SUBSECTION (10). THE
ORDINANCE OR RESOLUTION MAY PROVIDE FOR STRICTER LIMITS THAN THIS
SUBSECTION (10) ON THE NUMBER OF TASTINGS PER YEAR PER LICENSEE, THE
DAYS ON WHICH TASTINGS MAY OCCUR, OR THE NUMBER OF HOURS EACH
TASTING MAY LAST.
(b) A RETAIL LIQUOR STORE OR LIQUOR-LICENSED DRUGSTORE
LICENSEE WHO WISHES TO CONDUCT TASTINGS MAY SUBMIT AN APPLICATION
OR APPLICATION RENEWAL TO THE LOCAL LICENSING AUTHORITY. THE
LOCAL LICENSING AUTHORITY MAY REJECT THE APPLICATION IF THE
APPLICANT FAILS TO ESTABLISH THAT HE OR SHE IS ABLE TO CONDUCT
TASTINGS WITHOUT VIOLATING THE PROVISIONS OF THIS SECTION OR
CREATING A PUBLIC SAFETY RISK TO THE NEIGHBORHOOD. A LOCAL
LICENSING AUTHORITY MAY ESTABLISH ITS OWN APPLICATION PROCEDURE
AND MAY CHARGE A REASONABLE APPLICATION FEE.
(c) TASTINGS SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:
(1) TASTINGS SHALL BE CONDUCTED ONLY BY A PERSON WHO HAS
COMPLETED A SERVER TRAINING PROGRAM THAT MEETS THE STANDARDS
ESTABLISHED BY THE LIQUOR ENFORCEMENT DIVISION IN THE DEPARTMENT
PAGE 7-HOUSE BILL 04-1021
OF REVENUE AND WHO IS EITHER A RETAIL LIQUOR STORE LICENSEE OR A
LIQUOR-LICENSED DRUGSTORE LICENSEE, OR AN EMPLOYEE OF A LICENSEE,
AND ONLY ON A LICENSEE'S LICENSED PREMISES.
(II) THE ALCOHOL USED IN TASTINGS SHALL BE PURCHASED THROUGH
A LICENSED WHOLESALER, LICENSED BREW PUB, OR WINERY LICENSED
PURSUANT TO SECTION 12-47-403 AT A COST THAT IS NOT LESS THAN THE
LAID-IN COST OF SUCH ALCOHOL.
(III) THE SIZE OF AN INDIVIDUAL ALCOHOL SAMPLE SHALL NOT
EXCEED ONE OUNCE OF MALT OR VINOUS LIQUOR OR ONE-HALF OF ONE
OUNCE OF SPIRITUOUS LIQUOR.
(IV) TASTINGS SHALL NOT EXCEED A TOTAL OF FIVE HOURS IN
DURATION PER DAY, WHICH NEED NOT BE CONSECUTIVE.
(V) TASTINGS SHALL BE CONDUCTED ONLY DURING THE OPERATING
HOURS IN WHICH THE LICENSEE ON WHOSE PREMISES THE TASTINGS OCCUR
IS PERMITTED TO SELL ALCOHOL BEVERAGES, AND IN NO CASE EARLIER THAN
I I A.M. OR LATER THAN 7 P.M.
(VI) THE LICENSEE SHALL PROHIBIT PATRONS FROM LEAVING THE
LICENSED PREMISES WITH AN UNCONSUMED SAMPLE.
(VII) THE LICENSEE SHALL PROMPTLY REMOVE ALL OPEN AND
UNCONSUMED ALCOHOL BEVERAGE SAMPLES FROM THE LICENSED PREMISES
OR SHALL DESTROY THE SAMPLES IMMEDIATELY FOLLOWING THE
COMPLETION OF THE TASTING.
(VIII THE LICENSEE SHALL NOT SERVE A PERSON WHO IS UNDER
TWENTY-ONE YEARS OF AGE OR WHO IS VISIBLY INTOXICATED.
(IX) THE LICENSEE SHALL NOT SERVE MORE THAN FOUR INDIVIDUAL
SAMPLES TO A PATRON DURING A TASTING.
(X) ALCOHOL SAMPLES SHALL BE IN OPEN CONTAINERS AND SHALL
BE PROVIDED TO A PATRON FREE OF CHARGE.
(XI) TASTINGS MAY OCCUR ON NO MORE THAN FOUR OF THE SIX
DAYS FROM A MONDAY TO THE FOLLOWING SATURDAY, NOT TO EXCEED ONE
HUNDRED FOUR DAYS PER YEAR.
PAGE 8-HOUSE BILL 04-1021
(XII) NO MANUFACTURER OF SPIRITUOUS OR VINOUS LIQUORS SHALL
INDUCE A LICENSEE THROUGH FREE GOODS OR FINANCIAL OR IN-KIND
ASSISTANCE TO FAVOR THE MANUFACTURERS PRODUCTS BEING SAMPLED AT
A TASTING. THE LICENSEE SHALL BEAR THE FINANCIAL AND ALL OTHER
RESPONSIBILITY FOR A TASTING.
(d) A VIOLATION OF A LIMITATION SPECIFIED IN THIS SUBSECTION
(10) OR OF SECTION 12-47-801 BY A RETAIL LIQUOR STORE OR
LIQUOR-LICENSED DRUGSTORE LICENSEE, WHETHER BY HIS OR HER
EMPLOYEES, AGENTS, OR OTHERWISE, SHALL BE THE RESPONSIBILITY OF THE
RETAIL LIQUOR STORE OR LIQUOR-LICENSED DRUGSTORE LICENSEE WHO IS
CONDUCTING THE TASTING.
(e) A RETAIL LIQUOR STORE OR LIQUOR-LICENSED DRUGSTORE
LICENSEE CONDUCTING A TASTING SHALL BE SUBJECT TO THE SAME
REVOCATION, SUSPENSION, AND ENFORCEMENT PROVISIONS AS OTHERWISE
APPLY TO THE LICENSEE.
(f) NOTHING IN THIS SUBSECTION (10) SHALL AFFECT THE ABILITY OF
A COLORADO WINERY LICENSED PURSUANT TO SECTION 12-47-402 OR
12-47-403 TO CONDUCT A TASTING PURSUANT TO THE AUTHORITY OF
SECTION 12-47-402 (2) OR 12-47-403 (2) (e).
SECTION 8. 12-47-407 (1), Colorado Revised Statutes, is amended
to read:
1247-407. Retail liquor store license. (1) A retail liquor store
license shall be issued to persons selling only malt, vinous, and spirituous
liquors in sealed containers not to be consumed at the place where sold.
Malt, vinous, and spirituous liquors in sealed containers shall not be sold
at retail other than in retail liquor stores except as provided in section
12-47-408. In addition, retail liquor stores may sell nonfood items related
to the consumption of such liquors, liquor-filled candy, and food items
approved by the state licensing authority that are prepackaged, labeled,
directly related to the consumption of such liquors, and are sold solely for
the purpose of cocktail garnish in containers up to sixteen ounces. Nothing
in this section shall be construed to authorize the sale of food items that
could constitute a snack, a meal, or portion of a meal. Nothing in this
section or in section 12-47-103 (31) shall be construed to prohibit the sale
of items by a retail liquor store on behalf of or to benefit a charitable
organization, as defined in section 39-26-102, C.R.S., or a nonprofit
PAGE 9-HOUSE BILL 04-1021
corporation subject to the "Colorado Revised Nonprofit Corporation Act",
articles 121 to 137 of title 7, C.R.S., and determined to be exempt from
federal income.tax by the federal internal revenue service, ifthe retail liquor
store does not receive compensation for any such sale. Nothing in this
section shall prohibit a retail liquor store licensee, at the option of the
licensee, from displaying promotional material furnished by a manufacturer
or wholesaler, which material permits a customer to purchase other items
from a third person if the retail liquor store licensee does not receive
payment from the third person and if the ordering of the additional
merchandise is done by the customer directly from the third person.
NOTHING IN THIS SUBSECTION (1) SHALL PROHIBIT A RETAIL LIQUOR STORE
LICENSEE FROM ALLOWING TASTINGS TO BE CONDUCTED ON HIS OR HER
LICENSED PREMISES IF AN AUTHORIZATION FOR THE TASTINGS HAS BEEN
GRANTED PURSUANT TO SECTION 12-47-301.
SECTION 9. 12-47-408 (1), Colorado Revised Statutes, is amended
to read:
12-47-408. Liquor-licensed drugstore license. (1) A
liquor-licensed drugstore license shall be issued to persons selling malt,
vinous, and spirituous liquors in sealed containers not to be consumed at the
place where sold. NOTHING IN THIS SUBSECTION (1) SHALL PROHIBIT A
LIQUOR-LICENSED DRUGSTORE LICENSEE FROM ALLOWING TASTINGS TO BE
CONDUCTED ON HIS OR HER LICENSED PREMISES IF AN AUTHORIZATION FOR
THE TASTINGS HAS BEEN GRANTED PURSUANT TO SECTION 12-47-301.
SECTION 10. 12-47-411 (6) (b) (I), Colorado Revised Statutes, is
amended to read:
12-47411. Hotel and restaurant license. (6) (b) (I) Any person
selling malt, vinous, and spirituous liquors as provided in this section may
purchase not more than five hundred ONE THOUSAND dollars' worth of such
malt, vinous, and spirituous liquors during a calendar year from a retail
liquor store.
SECTION 11. 12-47-901 (1) (h), (5) (i), (5) (k), and (7), Colorado
Revised Statutes, are amended to read:
12-47-901. Unlawful acts - exceptions. (1) Except as provided in
section 18-13-122, C.R.S., it is unlawful for any person:
PAGE 10-HOUSE BILL 04-1021
(h) (I) To consume malt, vinous, or spirituous liquor in any public
place except on any licensed premises permitted under this article to sell
such liquor by the drink for consumption thereon; to consume any alcohol
beverage upon any premises licensed to sell liquor for consumption on the
licensed premises, the sale of which is not authorized by the state licensing
authority; to consume alcohol beverages at any time on such premises other
than such alcohol beverage as is purchased from such establishment; or to
consume alcohol beverages in any public room on such premises during
such hours as the sale of such beverage is prohibited under this article.
(II) Notwithstanding subparagraph (I) of this paragraph (h), it shall
not be unlawful for a person who is at least twenty-one years of age to
consume malt, vinous, or spirituous liquors while such person is a
passenger aboard a luxury limousine, as defined in section 40-16-101 (3),
C.R.S., or a charter or scenic bus, as defined in section 40-16-101 (1.3),
C.R.S. Nothing in this subparagraph (II) shall be construed to authorize an
owner or operator of a luxury limousine or charter or scenic bus to sell or
distribute malt, vinous, or spirituous liquors without obtaining a public
transportation system license pursuant to section 12-47-419.
(III) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH (h),
IT SHALL NOT BE UNLAWFUL FOR ADULT PATRONS OF ARETAIL LIQUOR STORE
OR LIQUOR-LICENSED DRUGSTORE LICENSEE TO CONSUME MALT, VINOUS, OR
SPIRITUOUS LIQUORS ON THE LICENSED PREMISES WHEN THE CONSUMPTION
IS CONDUCTED WITHIN THE LIMITATIONS OF THE LICENSEE'S LICENSE AND IS
PART OF A TASTING IF AUTHORIZATION FOR THE TASTING HAS BEEN GRANTED
PURSUANT TO SECTION 12-47-301.
(5) It is unlawful for any person licensed to sell at retail pursuant to
this article:
(i) (1) To sell malt, vinous, or spirituous liquors in a place where the
same are to be consumed, unless such place is a hotel, restaurant, tavern,
racetrack, club, retail gaming tavern, or arts licensed premises or unless
such place is a dining, club, or parlor car; plane; bus; or other conveyance
or facility of a public transportation system.
(II) NOTWITHSTANDING SUBPARAGRAPH (1) OF THIS PARAGRAPH (i),
IT SHALL NOT BE UNLAWFUL FOR A RETAIL LIQUOR STORE. OR
LIQUOR-LICENSED DRUGSTORE LICENSEE TO ALLOW TASTINGS TO BE
CONDUCTED ON HIS OR HER LICENSED PREMISES IF AUTHORIZATION FOR THE
PAGE 11-HOUSE BILL 04-1021
TASTINGS HAS BEEN GRANTED PURSUANT TO SECTION 12-47-301.
(k) (1) To have on the licensed premises, if licensed as a retail liquor
store or liquor-licensed drugstore, any container that shows evidence of
having once been opened or that contains a volume of liquor less than that
specified on the label of such container; except that a person holding a retail
liquor store or liquor-licensed drugstore license may have upon the licensed
premises malt, vinous, or spirituous liquors in open containers, when the
open containers were brought on the licensed premises by and remain solely
in the possession of the sales personnel of a person licensed to sell at
wholesale pursuant to this article for the purpose of sampling malt, vinous,
or spirituous liquors by the retail licensee only. Nothing in this paragraph
(k) shall apply to any liquor-licensed drugstore where the contents, or a
portion thereof, have been used in compounding prescriptions.
(Il) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH (k),
IT SHALL NOT BE UNLAWFUL FOR A RETAIL LIQUOR STORE OR
LIQUOR-LICENSED DRUGSTORE LICENSEE TO ALLOW TASTINGS TO BE
CONDUCTED ON HIS OR HER LICENSED PREMISES IF AUTHORIZATION FOR THE
TASTINGS HAS BEEN GRANTED PURSUANT TO SECTION 12-47-301.
(7) (a) It is unlawful for any person licensed pursuant to this article
or article 46 of this title to give away fermented malt beverages for the
purpose of influencing the sale of any particular kind, make, or brand of any
malt beverage and to furnish or supply any commodity or article at less than
its market price for said purpose, except advertising material and signs.
(b) NOTWITHSTANDING PARAGRAPH (a) OF THIS SUBSECTION (7), IT
SHALL NOT BE UNLAWFUL FOR A RETAIL LIQUOR STORE OR LIQUOR-LICENSED
DRUGSTORE LICENSEE TO ALLOW TASTINGS TO BE CONDUCTED ON HIS OR HER
LICENSED PREMISES IF AUTHORIZATION FOR THE TASTINGS HAS BEEN
GRANTED PURSUANT SECTION 12-47-301.
SECTION 12. 12-47-411, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
12-47-411. Hotel and restaurant license.
(3.5) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE
CONTRARY, A HOTEL OR RESTAURANT LICENSED PURSUANT TO THIS SECTION
MAY PERMIT A CUSTOMER OF THE HOTEL OR RESTAURANT TO RESEAL AND
REMOVE FROM THE LICENSED PREMISES ONE OPENED CONTAINER OF
PAGE 12-HOUSE BILL 04-1021
PARTIALLY CONSUMED VINOUS LIQUOR PURCHASED ON THE PREMISES SO
LONG AS THE ORIGINAL CONTAINER DID NOT CONTAIN MORE THAN 750
MILLILITERS OF VINOUS LIQUOR.
SECTION 13. Appropriation. (1) In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
driver's license administrative revocation account in the highway users tax
fund, created in section 42-2-132 (4) (b), C.R.S., not otherwise
appropriated, to the department of revenue, for allocation to the hearings
division, for the fiscal year beginning July 1, 2004, the sum of eighty-three
thousand nine hundred fifty dollars ($83,950) and 0.4 FTE, or so much
thereof as may be necessary, for the implementation of this act.
(2) In addition to any other appropriation, there is hereby
appropriated, out of any moneys in the general fund not otherwise
appropriated, to the judicial department, for the fiscal year beginning July
1, 2004, the sum of eight thousand three hundred seventy-seven dollars
($8,377) and 0.2 FTE, or so much thereof as may be necessary, for the
implementation of this act.
SECTION 14. Part 1 of article 1 of title 17, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
17-1-152. Appropriation to comply with section 2-2-703.
(1) PURSUANT TO SECTION 2-2-703, C.R.S., THE FOLLOWING STATUTORY
APPROPRIATIONS, OR SO MUCH THEREOF AS MAY BE NECESSARY, ARE MADE
IN ORDER TO IMPLEMENT H.B. 04-1021, ENACTED AT THE SECOND REGULAR
SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY:
(a) FOR THE FISCAL YEAR BEGINNING JULY 1, 2005, IN ADDITION TO
ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE
CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO
THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION
17-1-116, THE SUM OF SEVENTY-SIX THOUSAND FOUR HUNDRED FOURTEEN
DOLLARS ($76,414).
(b) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2006, IN ADDITION
TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE
CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO
THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION
PAGE 13-HOUSE BILL 04-1021
17-1-116, THE SUM OF NINETY THOUSAND THREE HUNDRED SEVEN DOLLARS
($90,307).
(II) FOR THE FISCAL YEAR BEGINNING JULY 1, 2006, IN ADDITION TO
ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE
DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND
NOT OTHERWISE APPROPRIATED, THE SUM OF NINETEEN THOUSAND FOUR
HUNDRED FORTY-FIVE DOLLARS ($19,445).
(c) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2007, IN ADDITION
TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE
CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO
THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION
17-1-116, THE SUM OF THIRTEEN THOUSAND EIGHT HUNDRED NINETY-THREE
DOLLARS ($13,893).
(11) FOR THE FISCAL YEAR BEGINNING JULY 1, 2007, IN ADDITION TO
ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE
DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND
NOT OTHERWISE APPROPRIATED, THE SUM OF FORTY-TWO THOUSAND FOUR
HUNDRED TWENTY-FIVE DOLLARS ($42,425).
(d) (I) FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, IN ADDITION
TO ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED, FROM THE
CAPITAL CONSTRUCTION FUND CREATED IN SECTION 24-75-302, C.R.S., TO
THE CORRECTIONS EXPANSION RESERVE FUND CREATED IN SECTION
17-1-116, THE SUM OF SIXTY-NINE THOUSAND FOUR HUNDRED SIXTY-SEVEN
DOLLARS ($69,467).
(II) FOR THE FISCAL YEAR BEGINNING JULY 1, 2008, IN ADDITION TO
ANY OTHER APPROPRIATION, THERE IS HEREBY APPROPRIATED TO THE
DEPARTMENT OF CORRECTIONS, OUT OF ANY MONEYS IN THE GENERAL FUND
NOT OTHERWISE APPROPRIATED, THE SUM OF FORTY-FIVE THOUSAND NINE
HUNDRED SIXTY DOLLARS ($45,960).
SECTION 15. 24-75-302 (2) (s) and (2) (t), Colorado Revised
Statutes, as they will become effective July 1, 2004, are amended, and the
said 24-75-302 (2), as it will become effective July 1, 2004, is further
amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
24-75-302. Capital construction fund - capital assessment fees -
PAGE 14-HOUSE BILL 04-1021
calculation. (2) As of July 1, 1988, and July 1 of each year thereafter
through July 1, 2008, a sum as specified in this subsection (2) shall accrue
to the capital construction fund. The state treasurer and the controller shall
transfer such sum out of the general fund and into the capital construction
fund as moneys become available in the general fund during the fiscal year
beginning on said July 1. Transfers between funds pursuant to this
subsection (2) shall not be deemed to be appropriations subject to the
limitations of section 24-75-201.1. The amount which shall accrue
pursuant to this subsection (2) shall be as follows:
(s) On July 1, 2006, twenty-two thousand nine hundred twenty-four
dollars pursuant to section 3 of H.B. 02S-1006, enacted at the third
extraordinary session of the sixty-third general assembly; plus two hundred
ninety-one thousand seven hundred sixty-one dollars pursuant to H.B.
03-1004, enacted at the first regular session of the sixty-fourth general
assembly; plus one hundred twenty-five thousand forty-one dollars pursuant
to H.B. 03-1138, enacted at the first regular session of the sixty-fourth
general assembly; plus sixty-nine thousand four hundred sixty-seven dollars
pursuant to H.B. 03-1213, enacted at the first regular session of the
sixty-fourth general assembly; plus sixty-nine thousand four hundred
sixty-seven dollars pursuant to H.B. 03-1317, enacted at the first regular
session ofthe sixty-fourth general assembly; PLUS NINETY THOUSAND THREE
HUNDRED SEVEN DOLLARS PURSUANT TO H.B. 04-1021, ENACTED AT THE
SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY;
(t) On July 1, 2007, four hundred sixteen thousand eight hundred
two dollars pursuant to H.B. 03-1004, enacted at the first regular session of
the sixty-fourth general assembly; plus fifty-five thousand five hundred
seventy-four dollars pursuant to H.B. 03-1317, enacted at the first regular
session of the sixty-fourth general assembly; PLUS THIRTEEN THOUSAND
EIGHT HUNDRED NINETY-THREE DOLLARS PURSUANT TO H.B. 04-1021,
ENACTED AT THE SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL
ASSEMBLY;
(u) ON JULY 1, 2008, SIXTY-NINE THOUSAND FOUR HUNDRED
SIXTY-SEVEN DOLLARS PURSUANT TO H.B. 04-1021, ENACTED AT THE
SECOND REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY.
SECTION 16. 24-75-302 (2), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
PAGE 15-HOUSE BILL 04-1021
24-75-302. Capital construction fund - capital assessment fees -
calculation. (2) As of July 1, 1988, and July 1 of each year thereafter
through July 1, 2008, a sum as specified in this subsection (2) shall accrue
to the capital construction fund. The state treasurer and the controller shall
transfer such sum out of the general fund and into the capital construction
fund as moneys become available in the general fund during the fiscal year
beginning on said July 1. Transfers between funds pursuant to this
subsection (2) shall not be deemed to be appropriations subject to the
limitations of section 24-75-201.1. The amount which shall accrue
pursuant to this subsection (2) shall be as follows:
(r.5) ON JULY 1, 2005, SEVENTY-SIX THOUSAND FOUR HUNDRED
FOURTEEN DOLLARS PURSUANT TO H.B. 04-1021, ENACTED AT THE SECOND
REGULAR SESSION OF THE SIXTY-FOURTH GENERAL ASSEMBLY;
SECTION 17. Effective date - applicability. This act shall take
effect July 1, 2004, and shall apply to offenses committed on or after said
date; except that, section 15 of this act shall take effect only if House Bill
04-1412 is enacted at the Second Regular Session of the Sixty-fourth
General Assembly and becomes law.
SECTION 18. Safety clause. The general assembly hereby finds,
PAGE 16-HOUSE BILL 04-1021
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Lola Spradley
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Judith Rodrigue
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED
John Andrews
PRESIDENT OF
THE SENATE
Mona Heustis
SECRETARY OF
THE SENATE
Bill Owens
GOVERNOR OF THE STATE OF COLORADO
PAGE 17-HOUSE BILL 04-1021
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: June 17, 2004
Re: Water Rights Lease Agreement Update
Summary: I met with Gary Greer, Glen Porzak and Tom Williamsen on
Monday the 14th to discuss requested modification to the Town's Water Rights Lease to the
Upper Eagle Regional Water Authority (UERWA). Les Botham was not at the meeting but
was conferenced in by phone. General agreement was reached on the following:
1. Current Lease Approval 3975 SFE's
2. Lake Surface Area Reduction 19.7 acres to 15.7 acres 157 SFE's
3. Revised Non-Potable Irrigation (2001 High Year) 79 SFE's
Revised Subtotal 4211 SFE's
We did not agree on changing the system loss rate from 5% to 7% as stipulated by Glen
Porzak. The net effect of this change is to reduce projected SFE's by 90 SFE's to 4121 SFE's.
Their basis for changing the system loss rate is that districts in the High Zone (Eagle-Vail,
Beaver Creek & Smith Creek) have a 5% system loss rate and districts in the Low Zone
(Arrowhead, Edwards and Berry Creek) have a 15% system loss rate with an overall system
loss rate of 7%. Avon has service areas in both the High and Low Zones. Because of this
some adjustment to the system loss rate maybe justified for the Avon system. However, this
rate should be less than the proposed 7% if the loss rate is pro-rated based on the number of
SFE's served in each Zone. If the system loss rate is pro-rated based upon the number of
SFE's in each Zone, the system loss factor would 6.48% as of December 31, 2003 and would
decrease to 6.10% at a buildout of 4211 SFE's or 5.82% at a buildout of 5600 SFE's. A
summary sheet showing these calculations is attached. The calculations have not been
extended to address the number of SFE's that could be served with the various system loss
rates. This will be calculated when Les Botham returns from vacation and prior to proposed
discussions with Glen Porzak and Tom Williamsen.
[:\Enginwing\Water\Water Rights\Memo-June 17-04 Doc
Recommendation: With this new issue we recommend that we request
that UERWA board not act on an amendment to the Lease Agreement at this time and that we
arrange to meet once again with Glen Porzak and Tom Williamsen in an attempt to resolve
this issue prior to proceeding to the UERWA Board at their July meeting.
Attachments:
1. Pro-Rated System Loss Factor Calculations
2. LRE - Summary Sheet Comparing Consumptive Use Factors of Authority Members
3. Memorandum from Tom Williamsen - Addressing Calculations & 7% System Loss Rate
Town Manager Comments:
0 Page 2
Town of Avon
Water System Loss Factor
June 17, 2004
Assumptions:
High Zone System Loss Rate 5%
Low Zone System Loss Rate 15%
Avon - December 2003
Low Zone 458.9 SFE's 14.79%
High Zone 2,643.3 SFE's 85.21%
Total 3,102.2 SFE's 100.00%
Low Zone 0.1479 x 15% = 2.22%
High Zone 0.8521 x 5% = 4.26%
Pro-Rated System Loss Rate 6.48%
Avon - Assumed Buildout at 4211 SFE's
Low Zone 458.9 SFE's 10.90%
High Zone 3,752.1 SFE's 89.10%
Total 4,211.0 SFE's 100.00%
Low Zone 0.1090 x 15% = 1.64%
High Zone 0.8910 x 5% = 4.46%
Pro-Rated System Loss Rate 6.10%
Avon - Assumed Buildout at 5600 SFE's
Low Zone 458.9 SFE's 8.19%
High Zone 5,141.1 SFE's 91.81%
Total 5,600.0 SFE's 100.00%
Low Zone 0.0819 x 15% = 1.23%
High Zone 0.9181 x 5% = 4.59%
Pro-Rated System Loss Factor 5.82%
Note: The portion of the Avon System that is served by the Low Zone consists of
Brookside and Block 3, Benchmark at Beaver Creek (Sunridge I & Il, Bridgewater
Terrace, Westgate and the Sewer Plant). This area is 100% built out and subsequently all
SFE additions will be in the area of town served by the High Zone.
I:AEngineering\Water\Water Rights\System Loss Pro-Rate.Doc
Avon - 269AMD05 Preliminary June, 2004
Entity System Loss How the High-Year Diversion was How Non-Potable Irrigation was How Evaporation
was Computed (&
Factors Used Computed Computed (&result in acR) result In aced
For an average year, H&W used Avon's
2009 values for May - July, adding to this
assumed values for Aug - Oct (result _
Highest metered deliveries adt). LRE used the average of Avon's H&W used 19.7?
H&W = 5% (galMay/SFE) = 2000- measured values for 1999 through 2003 Acres (_ act).
Town of Avon LRE = 5% (50.78 add).
Basis for H&W's High Year = 2000 LRE used 15.7 acres
Basis for LRE's High Year = 2D00 For the high year, H&W multiplied its (42.39 adt).
average-yew rem by 1.2 (_ adt). LRE
used the measured values for 2001, which
was the highest year (64.25 acft).
Highest metered deliveries
Arrowhead Metro District 15% (gaVday/SFE) = 2000.
2001 used as the High year in
analymis.
Excluding 1998, highest metered
Smith Creels Metro District 5% deliveries (gaVday/SFE) = 2001. NA
2001 used as the High year in
analymis.
Highest metered deliveries
Beaver Creek Metro District 5% (gai/day/SFE) = 2001. NA
2001 used as the High year in
analysis-
Highest metered deliveries
Berry Creek 15% (gal/day/SFE) = 2000. NA
2000 used as the High year in
anslysis.
Average year non-potable diversion for
d d
i
Hi
h
t
t
l irrigation based on the measured raw
me
ere
iver
es
g
es
e
(gellday/SFE) =1.000. water use for irrigation.
Eagle-Val Metro District 5%
2000 used as the Hiatt year in High year non-pcable diversion for NA
analysis vrigetkm based on highest year of
. measured raw water use for irrigation
20D1 .
Highest metered deliveries
Edwards Metro District 15% (may/SFE) = 2001. NA
2001 used as the High year in
analysis.
Claimed Authority-wide value 15%
Leonard Rice Engineers, Inc. ( Printed 6H6r2004 ) File: System Losses and Non-Potable Irr, Tab: District Summary
HELTON & WILLIAMSEN, P.C.
CONSULTING ENGINEERS IN WATER RESOURCES
384 INVERNESS PARKWAY, SUITE 144
ENGLEWOOD, COLORADO 80112-5822
PHONE (303) 792-2161
FAX (303) 792-2165
E-mail: twilliamsen@heNon-Mhamsen.com
MEMORANDUM
Date: June 11, 2004
To: Glenn Porzak & Dennis Gelvin
From: Tom Williamsen
Subject: Avon's estimates of future depletions
Les Botham, engineer for the Town of Avon, estimated the increase in allowable sfes if the lake
evaporation was reduced by 4 acres and the high year demand for park irrigation
was based on actual pumpage in 2001. That memo and tables were faxed to you.
We measured the surface area of Nottingham Lake from an aerial photo downloaded from the
internet and verified Les' measurement of area. Norm and Les state that the Meyer pond and
contingency ponds mentioned in the decree will not be constructed.
We also measured the irrigated area surrounding the lake at 19.7 acres. This is smaller than Les'
measurement but he has the advantage of measurements by the parks people.
Attached are 4 tables similar to the one that is included in our Sept 30, 2003 report about Avon's
water rights etc. The table marked with an "A" shows the basis for the 3975 sfe used in our report.
"B" shows the decrease in lake evaporation and resulting increase of 157 sfe to 4,132 sfe.
The "C" table shows that using the 2001 irrigation values as the high year (high year in 5 years of
record) results in a further increase of 76 sfe to 4,208 sfe. Les calculated 4,211 sfe with a
resulting depletion of 348.17 acre-feet. This works out to 0.3097 acre-feet (101,000 gallons) of
potable water per sfe and 0.068 acre-feet of depletion per sfe (excluding lake evap and park
irrigation).
All calculations of potable diversions are using a unaccounted loss rate of 5% based on deliveries
just to the high pressure zone entities. Dennis keeps a running average of unaccounted loss for
the entire UERWA service area and the current rate is 7%. "D" shows what happens if the potable
diversions reflect a loss of 7%. It shows 4118 sfe or 143 sfe greater than the amended and
restated lease but 90 sfe less than using a 5% rate.
Summary:
"A" Amended lease ........................... 3975 sfe
"B" Reduced lake evap ...................... 4132 sfe
"C" Reduced lake evap and irrigation.... 4208 sfe
"D" Same as "C" but 7% system loss.... 4118 sfe
Conclusion - I can match Les' calculations and get approximately the same answer. This does not
leave any cushion and assumes the next 1000 sfe use the same amounts as the first 3000 sfe.
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engine
Date: June 16, 2004
Re: Proposed Sewer System Upgrades in the Town of Avon by The Village (at Avon)
and Eagle River Water & Sanitation District
Summary: We received conceptual plans from The Village (at Avon) for the
construction of a proposed sewer trunk line that extends from the vicinity of Post Boulevard to
connect with an existing sewer trunk line in Avon Road. We also received plans from Eagle
River Water & Sanitation District (ERW&SD) for modifications and improvements to sewer
collection and trunk lines in the general vicinity of the municipal building and along the
southerly side of the railroad.
We will present these plans during the work session as a general information item.
Town Manaer Comments:
I:\Engineering\Administration\Miscellaneous\Sewer Memo 6-16-04.Doe
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Enginee
Tambi Katieb, Community Dev opment
DaL-: June 16, 2004
C O L O R A D O
Re: Lighting Plan Request For Proposals - Anticipated Scope of Services
Summary:
At the last review of the proposed new lighting regulations, Council and staff discussed the
potential to hire a professional to accurately assess existing municipal lighting.
While staff is continuing to research the potential Request For Proposals (RFP) format and
cost range, we would like clarity on the relevant points to be included in the (RFP) and
scope of services.
In order to fully assess the existing municipal lighting impact, as well as the potential for any
changes to existing lighting, staff would propose that the lighting scope of services contain
the following work products:
1/ Review and physical lighting assessment of all existing municipal light fixtures currently
in place on Avon Road, Beaver Creek Boulevard, and Benchmark Road as well as public
gathering places (i.e. Nottingham Park);
2/ Review of current industry standards and minimums for municipal street lighting,
including relevant standards to roundabouts;
3/ Recommendations on creating municipal lighting standards for Avon, including actual
light fixtures and appropriate locations. (Recommendations for modifications to existing
municipal lighting should utilize existing infrastructure to the maximum extent possible to
implement proposed lighting levels.)
4/ Provide estimate of costs to implement recommended lighting program.
At this time, staff requests that Council confirm if this list is inclusive of the types of issues
that were discussed and should become the basis of the scope of services for a potential
request for proposals.
Town Manager Comments
Anticipated Lighting Plan RFP for Municipal Lighting
June 22, 2004 Worksession
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
JUNE 22, 2004 - 5:30 PM
MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO
1. Call to Order / Roll Call
2. Citizen Input
a. Special Events Update - Fraidy Aber, Recreation Department
b. Avon Comprehensive Plan Update - Tambi Katieb, Community Development
3. Resolutions
4. Ordinances
First Reading
a. Ordinance No. 04-08, Series of 2004, An Ordinance amending Chapter 3.12, Title 3,
Municipal Code of the Town of Avon, to Provide a Procedure for the Refund of Real
Estate Transfer Tax Paid in Error (Scott Wright / John Dunn)
5. New Business
a. Motion to Accept 2003 Town of Avon Audited Financial Statements (Scott Wright)
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the June 8, 2004 Regular Council Meeting Minutes
b. East Beaver Creek Blvd. Street Improvements - Easement Appraisals Valuation
Consultants, Inc. Appraisal Services Proposal (Norm Wood) - Proposal to provide
appraisals for five properties for permanent & temporary easements required for
construction of the East Beaver Creek Blvd. Street Improvements
c. Resolution No. 04-22, Series of 2004, Resolution Declaring the East Beaver Creek
Boulevard (East Avon Phase II) Streetscape Improvements to be in Pursuance of a
Public Purpose, and Authorizing all steps necessary and proper for acquisition of all
Interest, Rights of Way and/or Easements needed to construct such Improvements
(Norm Wood) The Town will commence the process of acquiring the rights-of-way
and easements required for construction of the East Beaver Creek Blvd Streetscape
Improvements.
d. Resolution No. 04-23, Series of 2004, Resolution Declaring the Nottingham Road
Improvements (Phase 1) to be in Pursuance of a Public Purpose, and Authorizing all
Steps Necessary and Proper for Acquisition of All Interests, Rights of Way, and/or
Easements needed to Construct Such Improvements (Norm Wood) The Town will
commence the process of acquiring the rights-of-way and easements required for
construction of the Nottingham Road Improvements (Phase 1).
e. Resolution No. 04-24, Series of 2004, Resolution approving the Final Plat, A
Resubdivision of Lot 75, Block 1, Wildridge, Avon, Eagle County (Norm Wood)
Avon Council Meeting. 04.06.22
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
JUNE 22, 2004 - 5:30 PM
-- Page 2 --
f. 2004 Street Repair & Improvements, B&B Excavating, Inc. - Construction Contract
(Norm Wood) - Award contract for construction of 2004 street repair & improvements
project including asphalt overlays & surface repairs to:
Area I - Benchmark Road from Beaver Creek Blvd. to east end of Seasons Building,
Area II - Metcalf Road from Nottingham Rd to Wildwood Rd,
Area III: East Beaver Creek Blvd at Beaver Creek Place
e. 2004 Street Repair & Improvements - Change Order One (Norm Wood) - Increase
to the contract to take advantage of the low bid prices and extend paving on Metcalf
Road to intersection of Wildwood Road
f. Music Contracts for Salute to U.S.A. (Fraidy Aber)
12. Adjournment
Avon Council Meeting. 04.06.22
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Fraidy Aber, Meryl Jacobs
Date: 5-15-04
Re: Angels in Action Fun Run, The Great Race Update
Summary:
Angels in Action is a fun run - fundraiser to support the Crista lea Swinford Memorial
Scholarship fund. The event is in its third year. Ed Swinford runs the event. The money
raised each year is contributed to a scholarship fund for graduating high school students. The
run all occurs within parklands and no road closures are needed. It is a 5K fun run - with
raffle prizes and a silent auction. Participants can register by calling 845-2049.
The Great Race is approaching shortly. On Monday, June 28t' from 10 -12 PM over 120 cars
- 45 years old and older, will be stopping for a pit stop and gas stop along their 2-week route
from Florida to California. Spectators are greatly encouraged. The racers are required to stop
at Pit stops for a designated length and will be around to talk about their vehicles. Anyone
owning an antique car is also invited to have their car on view with the racers at Avon Rec
Center parking lot. Posters are being hung around the valley publicizing the race and 97.7 (the
Zepher) will be broadcasting live from the Pit Stop - promoting it as well as Salute. All
spectators will be invited to enter a raffle for 2 VIP tickets to Salute.
Town Manger Comments:
?'3
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: REAL ESTATE TRANSFER TAX REFUNDS
DATE: June 15, 2004
As directed by council at your last meeting, an amendment to the real estate transfer
tax has been prepared for consideration by you. The amendment will authorize refunds of portions
of the transfer tax paid in error because the purchaser was unaware of the principal residence
exemption from the tax.
Generally, the procedure for applying for the refund is the same as the procedure for
applying for the exemption. The Town Manager is required to act on the application within ten
days. If the application is denied, the applicant can appeal the decision to the Town Council.
Staff is recommending, and there is included in the ordinance, a time limit of one
year for application for the refund. Staff is concerned that having no time limit could expose the
Town to an unlimited liability. Although the liability likely would not be a large one, it would raise
questions with respects to the Town's budget and the audit. One year seems to be an appropriate
time limit. Also, making the ordinance effective January 1, 2004, limits budgetary considerations
to the present budget year.
JWD:ipse
ORDINANCE NO. 04-08
AN ORDINANCE AMENDING CHAPTER 3.12, TITLE 3,
MUNICIPAL CODE OF THE TOWN OF AVON, TO PROVIDE
A PROCEDURE FOR THE REFUND OF REAL ESTATE
TRANSFER TAXES PAID IN ERROR.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Chapter 3.12 of Title 2, Avon Municipal Code, is
amended by the addition of a Section 3.12.140 as follows:
3.12.140 Refund of tax paid in error.
If the full amount of the tax is paid in error in connection with a transfer as to which the
first one hundred sixty thousand dollars ($160,000) of the consideration paid is exempt, the
transferee may apply to the Town Manager for a refund of the tax paid in error, without interest.
Any such application for refund must be filed within one year after the day of recording of the
deed causing the transfer. A failure of the Town Manager to act upon the application within ten
(10) business days after receipt of the application shall be conclusively deemed to constitute
approval of such application. Any person whose application is denied may appeal to the Town
Council in accordance with Section 1.12.070(b) of this Chapter.
Section 2. Applicability. This ordinance shall apply to transfers occurring after
January 1, 2004.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 22nd day of June, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 13th day of July, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 13th day of July, 2004.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
MEMO
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Jeff Layman, Chief of Police
John Dunn, Town Attorney
Patty McKenny, Town Clerk
Date: June 15, 2004
Re: Colorado House Bill 04-1021
Summary:
HB 04-1021 reduces the DUI blood alcohol content from .10 to .08, while retaining the
.05 DWAI (Drove While Ability Impaired) provision.
The bill also permits local governments to allow alcoholic beverage tastings at retail
liquor stores and it allows restaurants to "re-seal" and patrons to remove from the
premises bottles of wine purchased at the restaurant. The focus of this memo is the last
two provisions of the bill. The law becomes effective on July 1. 2004.
Representatives from the liquor stores and restaurants in town will be invited to attend
this discussion.
Previous Council Action:
A liquor store owner and town staff recently notified council members that these topics
would soon require their attention.
Discussion:
Attached, members will find copies of both HB 04-1021 and a memo from CML's Kevin
Bommer regarding the finer points of the new law. One of the more important aspects of
the law is that in order for a municipality's liquor stores to participate in tastings, it must
first enact "opt-in" legislation (HB 04-1021, Page 7, 12-47-301).
Questions for council discussion revolve around whether the Town of Avon wishes to
enact an "opt-in" ordinance, whether such an ordinance would be more restrictive than
the statute and whether the council wishes to provide case by case management of such
tastings.
Although Town staff has no major concerns with enacting "opt-in" legislation based on
the statute per se, one consequence of tastings discussed is that of zoning, specifically,
parking. Generally speaking, a liquor store does not require the same number of parking
spaces as a restaurant/bar. The nature and number of tastings that a liquor store hosts
may directly affect the operations of surrounding businesses and interfere with the
enjoyment of other private property in the area. It may also cause some "on-street"
parking concerns.
container. Discussion on this portion of the state law should center on whether to amend
the town ordinance to allow open containers or not.
Financial Implications:
The tastings portion of the bill will, among other things, require the Town Clerk and/or
the police department certify that the server has completed a server training program
meeting state standards. An increased amount of Town of Avon administrative time will
be spent preparing, approving and monitoring applications, depending on which licensing
option the council enacts.
Recommendation:
Town staff desires direction from council, after discussion between council members,
liquor store merchants and town staff, on which direction to pursue.
Town Manager Comments:
i T ? ft I III
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: June 17, 2004
Re: Acceptance of 2003 Comprehensive Annual Financial Report
Summary:
Section 12.11 of the Town's Charter requires an independent audit of the Town's accounts by
certified public accountants at least annually. Acceptance of the 2003 comprehensive annual
financial report (CAFR) by the Council fulfills this requirement.
In addition to meeting the Town's Charter requirements, the Town also uses CAFR to
document that it has met the compliance requirements of the Single Audit Act and U.S. Office
of Management and Budget regarding awards of federal grants, and that it is met the standards
applicable to financial audits as issued by the Comptroller General of the United States.
Information provided in the CAFR also meet the continuing disclosure requirements of the
Town's various debt issuances.
Finally, the Town provides its CAFR to various users of financial reports including: investors
in Town bonds, creditors such as banks and underwriters, oversight bodies such as the
Colorado State Auditor, and other governmental entities.
Recommendation:
I recommend that the Council accept the Town's 2003 comprehensive annual financial report
as presented.
Proposed Motion:
Move to accept the Town's 2003 comprehensive annual financial report.
Town Manager Comments:
Page 1
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Town Engineer
Date: June 17, 2004
Re: East Beaver Creek Blvd Street Improvements - Easement Appraisals
Valuation Consultants, Inc. Appraisal Services Proposal
Summary: Jeff Maddox with Valuation Consultants, Inc. has submitted
a Proposal at a cost not to exceed $10,000.00 to provide appraisals for five properties for
permanent and temporary easements required for construction of the East Beaver Creek
Blvd Street Improvements. Valuation Consultants, Inc. has provided appraisal services for
previous town projects including the East Avon Improvements, Avon Road Separated
Grade Crossing Project, the Roundabouts Project and the West Beaver Creek Boulevard
Streetscape Project. The cost of the proposed services is in line with previous appraisal
services and is included in the overall project budget. Approval of the Proposal in the
amount not to exceed $10,000.00 from Valuation Consultants, Inc. to provide appraisals
for permanent and temporary easements involving 5 separate properties as required for
construction of the East Beaver Creek Blvd Street Improvements is recommended.
Recommendations: Approve Proposal in the amount not to exceed
$10000.00 from Valuation Consultants, Inc. to provide appraisals for permanent and
temporary easements involving 5 separate properties as required for construction of the
East Beaver Creek Blvd Street Improvements.
Town Manager Comments:
C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2\Services Proposal Mem.Doc
Jun-17-04 08:00A Town of Avon 970 748 1958 P_02
o f V oto-oa ea P.1
VALUATION CONSULTANTS, INC.
!teal Estate Appraisers - Consultants
20 Eabte Road, Suhe Isu
r.o. Box 361
Avon, Colorado 81620
(970) 949-4898 fax (970) 949-5376
June 16. 2004
Anne Martens
Town of Avon
Box5274
Aeon, CO 81620
by .Fax: 748-1958
RE: Appraisals Of.'
-Proposed easements, both permanent and temporary, to be acquired from:
1. Lot 25 - rhristie Lodge
2. Lot 72 - Buck Creek Plaza (Beaver Liquars)
z. Lot 24 - Avon Plaza
4. I.ot 69 - 51 Beaver Creek Place
5. Lots 67 /68 - City Market
Dear Anne,
Per our conversations, please let this letter ?;cive as my proposal rc-arding the appraisal cif the
above-referenced proposed t'.asmnents. It 16 wy understanding that the appraisals will be
Prepared for use by the Town toward decisions and /or negotiations regarding acquisition of the
casements in question.
1 will submit my opinions and cunciu5ions to you in the form of nc r. plet9 5umn» y anyrai l
j jelims- which will be prepared utilizing accepted appraisal techniques and methodology, in
conformance with the Standards and Code of Professional Ethics of the Appraisal Institute and
the requiromants of the Uniform Standards ol'Professimial Appraisal Practice ("USPAP").
i
My fee for prepay i_g and subinititing my conclusions to you in summary formate will be: $225
i per hour, not to exceed S 10,000. Any type of additional consultation, deposition, testimony, or
other court-related tune required in this matter, if any, will be billed separately at the rate of $225
j per hour plus actual expenses, if any.
Please ackuuwledge that the report will be completed in accordance with the following:
'l'he appraisal assignment will not be based upon a requested minimum
valuation or specific valuation. Neither employment nor compensation are
contingent upon the reporting of a pre-determined value, a direction of the
.,alne that favors the cause of the client, the amount of the value estimate. the
Jun-17-04 08:OOA Town of Avon 970 748 1958
a jru vIV.V-JJ /c
artainment of a stipulated result, or the occurrence of a subsequent event.
If this proposal ulcers w7th your approval, please pr(Jvitlu ail a??th??rirrd signature and return a
copy of this late w1o0h will serve as otir authorization to proceed. As you knew, l will peal a
copy of flhc project plans & specifications, and will heed legal descriptions dcpicting the
respective permanent and temporary proposed takings, including square footaaes of each. As a
normal course o f business we may contact the respective property owners in order to 1. let them
know we have been enMed to value rho it fected pivpcrty and 2. to rcecive any input rega XIIng
the easement & property that they may care W relate.
I look forward to working with you. Please feel free to contact nay office with any questions you
may have.
Very trui}' your.
VA UA1'lOV CONSliTTANTS, INC.
ctfrey P. Maddox., SRA
Certified General Appraiser- C'GO1313752
I
accepted by.
date:
i
I
i?
TC3?i prvpc?YUl Jrme: 16, 2UU1
I
page 2
P-03 '
P. e
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer G?
Anne Martens, Assistant Town ngineer
Date: June 10, 2004
Re: Resolution No. 04-22, Series of 2004
East Beaver Creek Boulevard (East Avon Phase H) Streetscape
Improvements - Authorization to Acquire Rights-of-Way to Construct
Improvements
Summary: We will be commencing the process of acquiring the rights
of-way and easements required for construction of the East Beaver Creek Boulevard (East
Avon Phase II) Streetscape Improvements. It is possible that the initiation of eminent
domain proceedings may be required in the acquisition process for some of these
properties. Oftentimes the initiation of this process is necessary to obtain possession of
the property for construction, even though the actual acquisition of the property is
completed through the negotiation process. Approval of Resolution No. 04-22 is
recommended as one of the first steps necessary to begin the rights-of-way and easement
acquisition process.
Recommendations: Approve Resolution No. 04-22, Series of 2004, A
Resolution Declaring the East Beaver Creek Boulevard (East Avon Phase H) Streetscape
Improvements to be in Pursuance of a Public Purpose, and Authorizing all Steps
Necessary and Proper for Acquisition of all Interests, Rights-of-Way, and/or Easements
Needed to Construct Such Improvements.
Town Manager Comments:
C\Engineering\CIP\E Bvr Ck Blvd\6.0 RW Acquisition\6.1 Gen CorrARes 04-22 MemO.Doc
RESOLUTION NO. 04-22
SERIES OF 2004
A RESOLUTION DECLARING THE EAST BEAVER CREEK BOULEVARD (EAST
AVON PHASE II) STREETSCAPE IMPROVEMENTS TO BE IN PURSUANCE OF A
PUBLIC PURPOSE, AND AUTHORIZING ALL STEPS NECESSARY AND PROPER
FOR ACQUISITION OF ALL INTERESTS, RIGHTS OF WAY, AND/OR
EASEMENTS NEEDED TO CONSTRUCT SUCH IMPROVEMENTS
WHEREAS, the Town Council has previously directed, authorized, and budgeted
for construction of the East Beaver Creek Boulevard Streetscape Improvements, and
WHEREAS, said improvements will be made in pursuance of the public interest
in health, safety, and welfare, and
WHEREAS, the construction of said improvements may require the Town of
Avon to obtain, through negotiation or exercise of the power of eminent domain, certain
interests, rights of way, and/or easements.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town of Avon Council hereby declares the East Beaver Creek
Boulevard Streetscape Improvements to be in pursuance of the public interest and for a
public purpose.
Section 2. The Town of Avon staff is authorized to engage the services of an
appraiser and a title company, and to take all other actions necessary and proper for
acquisition of all interests, rights of way, and/or easements needed to perform such
improvements, including, but not limited to, acquisition by negotiation or the power of
eminent domain.
ADOPTED this day of , 2004.
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Enginee
Anne Martens, Assistant Tow Engineer
Date: June 10, 2004
Re: Resolution No. 04-23, Series of 2004
Nottingham Road Improvements (Phase I) - Authorization to Acquire
Rights-of-Way to Construct Improvements
Summary: We will be commencing the process of acquiring the rights-
of-way and easements required for construction of the Nottingham Road Improvements
(Phase 1). It is possible that the initiation of eminent domain proceedings may be required
in the acquisition process for some of these properties. Oftentimes the initiation of this
process is necessary to obtain possession of the property for construction, even though the
actual acquisition of the property is completed through the negotiation process. Approval
of Resolution No. 04-23 is recommended as one of the first steps necessary to begin the
rights-of-way and easement acquisition process.
Recommendations: Approve Resolution No. 04-23, Series of 2004, A
Resolution Declaring the Nottingham Road Improvements (Phase 1) Improvements to be
in Pursuance of a Public Purpose, and Authorizing all Steps Necessary and Proper for
Acquisition of all Interests, Rights-of-Way, and/or Easements Needed to Construct Such
Improvements.
Town Manager Comments:
4??
l:AEngincering\CIP\Nottingham Rd (RA I To Buck Creek)A6.0 R-W Acquisition\6.1 General Con-espondenceARes 04-23 MemO.Doc 1
RESOLUTION NO. 04-23
SERIES OF 2004
A RESOLUTION DECLARING THE NOTTINGHAM ROAD IMPROVEMENTS
(PHASE 1) TO BE IN PURSUANCE OF A PUBLIC PURPOSE, AND AUTHORIZING
ALL STEPS NECESSARY AND PROPER FOR ACQUISITION OF ALL
INTERESTS, RIGHTS OF WAY, AND/OR EASEMENTS NEEDED TO
CONSTRUCT SUCH IMPROVEMENTS
WHEREAS, the Town Council has previously directed, authorized, and budgeted
for construction of the Nottingham Road Improvements (Phase I), and
WHEREAS, said improvements will be made in pursuance of the public interest
in health, safety, and welfare, and
WHEREAS, the construction of said improvements may require the Town of
Avon to obtain, through negotiation or exercise of the power of eminent domain, certain
interests, rights of way, and/or easements.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town of Avon Council hereby declares the Nottingham Road
Improvements (Phase 1) to be in pursuance of the public interest and for a public purpose.
Section 2. The Town of Avon staff is authorized to engage the services of an
appraiser and a title company, and to take all other actions necessary and proper for
acquisition of all interests, rights of way, and/or easements needed to perform such
improvements, including, but not limited to, acquisition by negotiation or the power of
eminent domain.
ADOPTED this _ day of '2004.
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
l:AEngineering\CIPWottingham Rd (RA I to Buck Creek)A6.0 R-W Acquisition\6.1 General Correspondence\Resolution 04-23.doc
IT? - lie
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Enginee
Anne Martens, Assistant Town Engineer
Date: June 17, 2004
Re: Resolution No. 04 - 24, Approving the Final Plat, A Resubdivision of Lot 75, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado
(2465 A and 2465 B Saddle Ridge Loop)
Summary: J Hawk LLC, owner of Lot 75, Block 1, Wildridge, has submitted a Final Plat to
resubdivide Lot 75, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is a
Duplex Subdivision of a developed lot, creating Duplex lots 75 A and 75 B. The Subdivision
is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 04 - 24, Series of
2004, A Resolution Approving the Final Plat, a Resubdivision of Lot 17, Block 4, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments: n
CADocuments and Settings\nwood\Local Settings\Temporary Internet Files\OLK2\L75B1WR.doc
TOWN OF AVON
RESOLUTION NO. 04 - 24
Series of 2004
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 75,
BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, JJ Hawk LLC, has submitted a Final Plat for a Resubdivision of Lot 75, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff, and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for a Resubdivision of Lot 75, Block 1, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
1. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
C:ADocuments and Settings\nwood\Local Settings\Temporary Intemet Files\OLK24,7513 1 WRres0424.doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Tow ngineer
Date: June 17, 2004
Re: 2004 Street Repair and Improvements
B & B Excavating, Inc. - Construction Contract
Summary: Bids for the 2004 Street Repair and Improvements Project were
received on June 14, 2004. B & B Excavating, Inc. submitted the Low Base Bid of
$156,407.15. It is recommended that the Contract be awarded to B & B Excavating, Inc.
based upon their Low Bid.
Discussion:
Three bids were submitted in response to the Advertisement for Bids for the 2004 Street
Repair and Improvements. The three total bids received ranged from $156,407.15 to
$164,247.80, with an engineer's estimate of $207,688.55. These Bids are summarized on the
attached Bid Summary Sheet. B & B Excavating, Inc., submitted the Low Total Bid of
$156,407.15. We have reviewed the Bid submitted by B & B Excavating, Inc. and find it to
be reasonably consistent with the Engineer's Estimate and the other Bids received. The cost
to rotomill the roadways came in lower than the Engineer's Estimate, therefore we are
presenting a Change Order to extend the paving further on Metcalf Road to the intersection
with Wildwood Road. We do not see any unreasonable discrepancies in the various unit prices
to indicate potential problems. We recommend council award the contract to B & B
Excavating, Inc., the low bidder.
The Street Repair and Improvements for 2004 consist of. Area I (milling and installing a 2-
inch asphalt overlay on Benchmark Road from West Beaver Creek Blvd to South of the
Seasons Building); Area II (milling for tie-ins and installing a 2-inch asphalt overlay on
Metcalf Road from Nottingham Road to south of Lot 40, Block 1, Benchmark at Beaver
Creek - Barrancas); and Area III (milling and installing a 2-inch asphalt patch on East Beaver
Creek Blvd at the intersection of East Beaver Creek Blvd and Beaver Creek Place.
C:ADocuments And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2Nemo Bid Award.Doc
There are two other projects associated with the 2004 Street Repair and Improvements.
Proposals for these projects will be presented to council for approval at a later date. The
projects include geotechnical services to provide recommendations and design for a settlement
area along Wildwood Road and installation of a section of guardrail on Wildridge Road East.
The proposed Project Budget for the 2004 Street Repair and Improvements, including these
additional projects is:
Construction Contract - B & B Excavating $156,407
Change Order No. One $ 30,144
Geotechnical Services for Wildwood Road $ 4,000
Guardrail on Wildridge Road East $ 6,000
Testing Service and Administration $ 3,000
Contingency 5,449
Total Approved Project Budget $205,000
We recommend approval of the Bid submitted by B & B Excavating, Inc., in the amount of
$156,407.15 for construction of the 2004 Street Repair and Improvements Project.
Recommendations: Approve Bid submitted by B & B Excavating, Inc. in the
amount of $ 156,407.15 for construction of 2004 Street Repair and Improvements Project.
Town Manager Comments: „
C:ADocuments And Settings\Nwood\Local Settings\Temporary Internet Fi1es\0LK2\Memo Bid Award.Doc 2
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Anne Martens, Assistant Town ngineer
Date: June 17, 2004
Re: 2004 Street Repair and Improvements
Change Order Number One
Summary: Attached Change Order Number One for the 2004 Street Repair and
Improvements represents an increase to the contract to take advantage of the low bid prices and extend the
paving on Metcalf Road to the intersection with Wildwood Road. The net effect of this Change Order is
to increase the Contract Amount $30,144.03 from $156,407.15 to $186,551.18. This Change Order is
within the Project Budget. This change order is align with the project budget that is being presented with
the award of the construction contract.
The Project Budget for the 2004 Street Repair and Improvements, is as follows:
Construction Contract $ 156,407
Change Order # One $ 30,144
Geotechnical Services for Wildwood Road $ 4,000
Guardrail on Wildridge Road East $ 6,000
Testing Services and Administration $ 3,000
Contingency 5,449
Total Project Budget $ 205,000
Approval of Change Order Number One to the B & B Excavation, Inc. contract for construction of the
2004 Street Repair and Improvements is recommended, increasing the Contract Amount $30,144.03 from
$156,407.15 to $186,551.18.
Note: This recommendation for approval is contingent upon the prior approval of the
Construction Contract for the 2004 Street Repair and Improvements.
C:\Documents And Settings\NwoodTocal Settingffemporary Intemet Fi1es\0LK2\C0 #1 Memo.Doc
Recommendations: Approve Change Order Number One to the B & B Excavating, Inc.
contract for construction of the 2004 Street Repair and Improvements, increasing the Contract Amount
$30,144.03 from $156,407.15 to $186,551.18, contingent upon the prior approval of the construction
contract.
Town Manager Comments:
C:ADocuments And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2\CO #I Memo.Doc 2
,
CHANGE ORDER
Order No.: One
Date: 6/17/04
Agreement Date:
NAME OF PROJECT: 2004 Street Repair and Improvements
OWNER: Town of Avon
CONTRACTOR: Oldcastle SW Group, Inc. dba B & B Excavating
The following changes are hereby made to the CONTRACT DOCUMENTS:
Justification:
Area II - Metcalf Road (add paving and associated work listed below from Lot 41,
Block 1, Benchmark through the intersection of Metcalf Road and Wildwood Road)
Item 1.1 - Add Mobilization
Per LS 1 LS @ $1000
Item 3.1 - Add Asphaltic Concrete (1627 linear feet)
Per Ton 489 Ton @ $41.32
Item 3.2 - Epoxy Paint Striping
Per Linear Foot 4881 LF @ $0.75
Item 3.4 - Shoulder Reconstruction
Per Linear Foot 3254 LF @ $0.70
Item 5.1 - Traffic Control
Per LS 1 LS @ $3000
TOTAL AREA II
Change to CONTRACT PRICE: $ 30,144.03
Original CONTRACT PRICE: $ 156,407.15
$1000.00
$20,205.48
$3660.75
$2277.80
$3000.00
$30,144.03
Current CONTRACT PRICE adjusted by previous CHANGE ORDER $ 156, 407.15
The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by
$ 186 551.18
The new CONTRACT PRICE including this CHANGE ORDER will be $ 186,551.1
CO-1
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased)(decreased) by 0 calendar days.
The date for completion of all work will be (Date).
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
Federal Agency Approval (where applicable):
CO-2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Fraidy Aber, Meryl Jacobs
Date: 5-15-04
Re: Music Contracts for Salute
Summary: We are recommending Aubrey Collins as our concert opener followed by
Sammy Mayfield for Salute. Aubrey was with us last year - and everyone had rave reviews.
She is a 17-year-old - extremely talented - rock country guitarist. Sammy Mayfield is a
legendary blues player out of Denver; he will be coming with a 9 - piece band including a full
homs section.
Financial Implications:
Aubrey's contract is for $1,000; Sammy Mayfield is for $1,500. Both contract have been
reviewed by John Dunn
Town Manger Comments:
Z
Attachments:
Aubrey Collins Contract
Sammy Mayfield Contract
Jun-10-04 01:12pm From-Dunn & Causey,LLC +9707488881
" V ON
A 27
C O L o R A D D
Recreation Department
325 Benchmark Road
PO Box 975
Avon, CO 81620
T-114 P.001/005 F-796
Phone (970) 748-4060
Fax (970) 949-0160
Pax Cover Sheet ?.
,n w "r
Number of Pages Including Cover Sheet: Date:
Company:
Comments:
Atteition: Uok
ease V? Ut e W- f o v' c-e? e i __ 79 t,,, &o VA C___,
Just the fax rria'arn
Jun-10-04 01:13pm From-Dunn & Causey,LLC +9707488881 T-114 P.002/005 F-796
Jun Ol 04 04:29p Beverly Burri 303-232-0615 p.2
SpinAction Productions
Beverly A. Burri
855 Miller Street
Lakewood, CO 80215
303-202-5044
ENGAGEMENT CONTRACT
This Contract, made the 26`h day of May, Z004, is to confirm in writing the agreement between SpinAction Productions representing
the Artist (mown as Aubrey Collins/AFC Productions, hereinafter referred to as "Artist", and Town of Avon, PO Box 975, Avon, CO
81620- hereinafter mferred to as "Purchaser", engages Artist and for consideration, the sufficiency of which is herein sct forth, Artist
hereby agrees to perform the engagement, upon all the terms and conditions set forth herein. SpinAction Productions acts only as
agent for Artist and assumes no liability hereunder.
1. ADDRESS OF PERFORMANCE: Nottingham Park Avon NCO. Venue Contact Name/Phone: Fruity Aber. 9?0-748 <1032.
2_ DATES AND TIMES OF ENGAGEMENT: Saturday, July 3, 2004;_5:3D-6:45um"
3. DESCRIPTION OF PERFORMANCE TO BE PROVIDED: Music Performance for Independence Day Celebration,
4. CONTRACT PRICE: 0$1 00.00
CONTRACT PRICE TO BE PAID AS FOLLOWS: Tire full amauni of I OD.D is due at the engagement. Make check
payable to the order ofdEC Produrfians, In lieu of a 50% non-refundable depasir, ifPurchaser should default on the contract
for any reason at any time prior to the evert, Purchaser is responsible for 50% of the agreed upon wage.
5. OVERTIME: Purchaser, at its option may request that Artist perform past the designated hours listed herein. If Artist agrees to
perform longer than the hours listed, the overtime rate for Artist's performance is 50_ D per half-hour or faction thereof-
Overtime charges will be due and payable upon completion of engagement.
6. ACT OF GOD: If Artist is unable to perform portion of this Contract because of any Act of God, which includes without
limitation any event, such as a tornado, power failure, storm, strikes, or such that is outside of-the control of the Artist that
prevents the Artist from performing under the Contract, the Artist shall be released from all liability with regard to their non-
performance of the affected portion of this contract. WEATHER: Where, in the opinion of the Artist and Purchasers, the
weather threatens the safety of the Artist or spectators, and only for that reason, the Artist will be available to perform on the date
and time designated herein at a nearby, alternate, suitable indoor location, ifthe change of location decision is made prior to load
in and set up_ Ifweathor prevents a performance and the Artist is present and able to perform, full payment will be due.
?a G
7. SPECIAL PROVISIONS- Purchaser Qo provide so?md egpipment per Arkist stage lot ?tfe ded prior to event) and
lighting Load-in and sound check at 3:022 Artist to !provide own back line equipment; Purchaser to provide hospitality (food
and drink) on location fnr Artist and at! area table for merchandise sales
8_ PROMOTIONAL MATERIAL: Artist hereby grants nerrr?isskoto the Event to use Artist's likeness and recorded music as
provided by Artist in rop?dge promotional material and advcrtisements R9 the event Amiss to furnish phoro 12 posters and
CD for use by Purchaser.
8. SOLE CONTRACT: This Contract constitutes the sole, complete and final contract of the parties. There are no representatioru,
promises or understandings between the parties other than those set forth herein,
MODIFICATION: This Contract shall not be modified in whole or in part, unless reduced to writing and signed by the panics-
10_ SEVERABILITY: if a portion of this Contrast shall be held to be invalid, the retn cinder shall nevertheless continue in full force
and effect,
We acknowledge and/coafmn that we have read and approved the terms and conditions stt forth in this Contract.
Reverly A" Rt4n
Data Purchaser
AFC Productions Date Town of Avon Date
Jun-10-04 01:13pm From-Dunn & Causay,LLC +9707488881 T-114 PA03/005 F-796
b- J-U4lU VgHIVIHVViv HCt?HG/?i IVv r?n ---
Jun 01 04 04 ?9p Bever 19 Burr1 303-232-0619 P.3
Addition Terms
TIUS PAGE IS ATTACHED TO AND PART OF THE CONTRACT DATED 5/26104
BETWEEN PURCHASER: Town ofAvon AND ARTIST. Aubrey Collins/AFCProduclionnnnn
1. BEST EFFORTS AND SUPERVISORY CONTROL. In performing Engagement, Artist shall use their best effort to conform to
the rules and policies of both the venue and the purchaser. Any additional rules or policies not herein explained must be brought
to the attention of the artist 30 days before the engagement. At the same time the Artist reserves the right to control the nature of
their performance during the Engagement
2. THEFT AND DAMAGE. Purchaser assumes responsibility forthett, damages, and/or destruction of any of Artist's musical,
light, and sound equipment that is left in the care and custody of Purchaser, including, but not limited to, accidents caused by
patrons, guests, or employees of Purchaser.
3. INDEPENDENT CONTRACTOR. Artist signs this contract as an independent contractor, not as an employee. This Contract
shall not in any way be construed so as to create a partnership or joint venture between the parties.
4. ARBITRA'T'ION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by the
courts of the State of Colorado and in accordance to the laws therein. if a judgment is reached and not collected within 30 days,
debtor shall pay all collection costs and attorney's fees associated with any collection.
5, AGENCY FEE. Purchaser is not responsible for any Agency fee whatsoever: Artist shall pay SpinAction Productions an agency
fee of fifteen percent (15%) of gross compensation due under the terms of-this Contract. This fee shall be made payable to
SpinAction Productions and paid within 5 days of the conclusion of the engagement. In the case of a multi-showtaur payment is
due 5 days upon the return home from the last date of the tour unless the tour is over 45 days in which case commission payments
are due every two weeks during the completion of the tour. Any other arrangements most me made in writing between
SpinAction Productions and Artist. In some cases deposits can also be collect by the purchaser sufficient to satisfy agency fees
for this engagement. In the event Artist, or any technician, designer or supplier contracted by SpinAction Productions are re-
booked on any event or in any establishment owned or controlled by Purchaser within 18 months of ter nrination of this
agreement, Artist and Purchaser are to be jointly and severally liable for payment of commission to agent at the same rate as
provided under this agreement.
Any questions regarding the additional terms for this contract plcasc contact:
SpinAction Productions
855 Miller Street, Lakewood, CO_ 80215
Bev Burri Office (303) 202-5044 Fax(303)232-0619 email- baburri@a comcasLnet d
Town of Avon
Purchaser Signature of Anti or Representative/Date
SpinAction Productions, Artist Representative
X
Authorized Representative/Date Signature of Artist/Date
Jun-10-04 01:13PM From-Dunn & Causay,LLC +9707488881 T-114 P.004/005 F-T96
V
Jun 01 04 04:24p Beverly Burri 303-232-0619 p.2
SpinAction Productions
Beverly A. Rurri
85S Miller Street
Lakewood, CO 80215
303-202-5044
ENGAGEMENT CONTRACT
This Contract, made the l4 day of June, 2004, is to confirm in writing the agreement between SpinAction Productions representing the
Artist known as Sammy Mayfield, hereinafter referred to as "Artist", and Town of Avon. PO Box 975. Avon, CO 81620 hereinafter
referred to as "Purchaser", engages Artist and for consideration, the sufficiency of which is herein set forth, Artist hereby agrees to
perform the engagement, upon all the terms and conditions set forth herein. SpinAetion Productions acts only as agent for Artist and
assumes no liability hereunder.
1. ADDRESS OF PERFORMANCE Na iag?a.*^ pp Avon Cp Venue Contact IVame/Phone• Eraidy Abe 970-748-4032.
Z DATES AND TWES OF ENGAGEMENT: Saturday, July 3, 2004: 7:00-S:15ar?
3. DESCRIPTION OF PERFORMANCE TO BE PROVIDED: Music Performance for Independence Day Celebration.
4. CONTRACT PRICE: $1500-00 and rooms for 11 people 0 doubles & 1 sin lg a or eguivalentl_
CONTRACT PRICE TO BE PAID AS FOLLOWS: A noarefwidable deposit in the amount of 750,00 is due by June 30, 2004.
Please make check payable to SpinAetion Productions. The balance of 5730.00 is due at the engagement on July 3e, 2004- and
should be payable to Sammy Mayfield.
5. OVERTIME: Purchaser, at its option may request that Artist perform past the desigmcd haws listed herein. If Artist agrees to
perform longer than the hours listed, the overtime rate for Artist's performance is 5375.00 per half-hour or fraction thereof.
Overtime charges will be due and payable upon completion of engagement.
6. ACT OF GOD: If Artist is unable to perform portion of this Contract because of any Act of God, which includes without
limitation any event, such as a tornado, power failure, storm, strAes, or such that is outside of the control of the Artist that
prevents the Artist from performing under the Contract; the Artist shall be released from all liability with regard to their non-
performance of the affected portion of this contract. WEATHER: Whrze, in the opinion of the Artist and Purchasers, the
weather threatens the safety of the Artist or spectators, and only for that reason, the Artist will be available to perform on the date
and time designated herein at a nearby, alternate, suitable indoor location, if the change of location decision is made prior to load
in and set up. If weather prevents a performance and the Artist is present and able to perform, full payiaent.vill be due.
7. SPECIAL PROVISIONS: Purchaser to provide sound reinforcement and Gahtingper Artist technical rider to include back line
as derailed on rider (drum kit, bass rig and guitar ampl Load in and sound check at 3.00ym Purchaser to uravide hasrilality
(food and drink) on location for Artist and an area/table for merchandise sales-
8. PROMOTIONAL MATERIAL: Artist hereby mats permission to the Evert -to use Artist's likeness and recorded music as
grovided by ti in appropriate promotional material and advertssements for the event Artist to furnish photo, 12 posters and
CD for use by Purchaser.
8. SOLE CONTRACT: This Contract constitutes the sole, complete and final contract of the parties. Therc are no rcpresentutions,
promiscs or undmtindings between the parties other than those set forth herein-
9. MODIFICATION: This Contract shall not be modified in whole or in part, unless reduced to writing and signed by the parties.
10. SEVERABILITY: if a portion of this Contract shall be held to be invalid, the remainder shall nevertheless continue in full force
and effect.
We acknowledge and confirm that we have read and approved the terms and conditions set forth in this Contract.
, A Y&,:: ? ?' W. -4 (,-W- 61" /o
13cv0rly A. DW Dare Purcrrascr
Sammy Mayfield Date Town of Avon Date
Jun-10-04 01:13pm From-Dunn & Causay,LLC +9707488881 T-114 P.005/005 F-796
6- 9-Oa;10;0eAM;AV0N RECREATION uiF- _'
Jun 01 04 04:24p BeverlU Burri 303-232-0619 p-3
Addition Terms
THIS PAGE IS ATTACHED TO AND PART OF THE CONTRACT DATED 6/1104
BETWEEN PURCHASER: Town of Avon AND AR'T'IST: Sammy Mayfeld
y , BEST EFFORTS AND SUPERVISORY CONTROL. In performing Engagetent, Artist shall use their best effort to conform to
the rules and policies of both the venue and the purchaser. Any additional rules or Policies not herein explained must be brought
to the attention ofthe artist 30 days before the engagement. At the same time the Artist merves the right to control the nature of
their performance during the Engagement.
2_ THEFT AND DAMAGE. Purchaser assumes responsibility for theft, damages, and/or destruction of any of Artist's musical,
light, and sound equipment that is left in the care and custody of Purchaser, including, but not limited to, accidents caused by
patrons, guests, or employees of Purchaser.
3- INDEPENDENT CONTRACTOR. Artist signs this contract as an independent contractor, not as an employee. This Contract
shall not in any way be construed so as to create a partnership or joint venture between the parties.
4_ ARBITRATION- Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by the
courts of the State of Colorado and in accordance to the laws therein. If a judgment is reached and not collected within 30 days,
debtor shall pay all collection costs and a2mmey's fees associated, with any collection.
5, AGENCY FEE. Purchaser is not responsible for any Agency the whatsoever. Artist shall pay SpinAction Productions au agency
fee of fifteen percent 0 501.) of gross compensation due under the tcrms of this Contract. This fee shall be made payable to
SpinActlon Productions and paid within 5 days of the conclusion of the engagement. W the case of a multi-show tour payment is
due 5 days upon the return home from the last date of the tour unless the tour is over 45 days in which case commission payments
are due every two weeks during the completion of the tour. Any other arrangements trust me made in writing between
SpinAction Productions and Artist In some cases deposits can also be collect by the purchaser sufficient to satisfy agency fees
for this engagement. In the event Artist, or any techniciao, designer or supplier contracted by SpinAction Productions are re-
booked on any event or in any establishment owned or controlled by Purchaser within I8 months of termination of this
agreement, Artist and Furchaser are to be jointly and severally liable for payment of commission to agent at the samc raze as
provided under this aWeement.
Any questions regarding the additional tenns for this contract please contact:
SpinAction Productions
855 Miller Street, Lakewood, CO. 80215
Bev Burri Office (303) 202-5044 Fax(303)232-0619 email: baburri@comcastnet
Town of Avon
Purchaser
3,0
V
Signature of A or Representative/Date
SpinAction Productions, Artist Representative
x
Authorized Representative/Date
x
Signature of Artist/Date