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TC Council Packet 03-22-2005STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) N NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD MARCH 22, 2005 AT 1:30 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 1:30 PM - 2:30 PM 1) Council Assignment Updates • Update on Eagle County Transit Meeting (Mayor Wolfe/Memo only) • Update on Eagle County Open Space Advisory Committee o (Mayor Wolfe/Memo only) • Council Meeting Efficiencies (Mayor Wolfe / Memo only) • Other Council Meeting Efficiencies (Mayor Pro Tern Underwood) • Community Development Committee Update - Review discussion of the committee on the following topics: revised commercial design guidelines, proposed zoning code amendments, proposal to changes of eligibility for Planning & Zoning Commissioners (Councilor Ferraro) • Traer Creek Metro District & Village Metro District Meeting Update (Councilor Ferraro) 2:30 PM - 5:00 PM 2) Transportation Issues (Jacquie Halburnt, Asst. Town Manager, Scott Wright, Finance Director, Bob Reed, Public Works Director) - Review of issues related to the operation of Avon's transit services 5:00 PM - 5:15 PM 3) Staff Updates (Memos Only) a. Community Development Update (iambi Katieb, Community Development Director) b. Consent Agenda Questions AND 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 IN THE TOWN OF AVON ON MARCH 18, 2005 ✓ AVON MUNICIPAL BUILDING, MAIN LOBBY ✓ ALPINE BANK, MAIN LOBBY ✓ AVON RECREATION CENTER, MAIN LOBBY ✓ CITY MARKET, MAIN LOBBY FINANCIAL MATTERS March 17, 2005 e. 1. YTD Building Revenue Report Actual vs Budget - February 2005 2. Detail-Real Estate Transfer Taxes - February 2005 3. Accomodations Tax Worksheet Actual vs Budget - January 2005 4. Sales Tax Worksheet Actual vs Budget - January 2005 ~q un O of dI r`CD N`,O O O C] n (DMl9CD ~61CC) 0 m N Q0 d^ N N r-- in L n N N MN Cl) -iN N N N C ' _ ~ ~Y1 O i 6l l4 in O O c--I .-I m O n 6l JI H H NN C'-f'') NON 4' W CO O IXJ ci+ M CD d' l0 OD r-I -i M u^J v~ M O M N co V l0 ~t+ --I H l0 M M O W O M .-i T+ to 0 0 In Ol 61 (V M Q' co H uOOL-0 CO CO ~O Cl L N ~o c^ O f- In r--I .-i 0) COQ HI-0 mH co Co O W W r-- r- M 00 r- o M M N co .-1 N M In r-i M n OJ 0 O 0.',w -I N .-i N N Q W W n y: W H 0 (V U O O O O 0 0 0 0 O O W 0 0 0 0 0 0 0 0 O O W ~ W O~ Q' H O H w G; N a U W _ W Er _ !z M n O C4 N w n _ m oM- ,OOOLO rn m mc Hm nou)o oc) OD E-- H H rr`NID r- ONO l0 t-0 k, r f" O Cz] G) ,-I n l0 ~-i l0 m r- M M 0 E-+ N O I-0 -1 v In o o N N :n <v W _ O C\j O U H i 0 0 O O O O O O U W O C O O O O O O `C'O 0000 O 0 0 0 0 0 O 0 ZD) Cn - -.O 00 00 CO m CO ~ - W f^ 1~ t 6lnun Cl l.0 l0 .-I 6l In H CO CO CO U ~4 S 0 U) -i I W _ W I W Ti U1 U) m E+ E-+ W W W W i :!)G~ HH HwC~ E-I E-+5'n C/I > Cu H s~ 1 iHfyry, 41w > ir) bi d Ww w0.' 5:f2S o S-a W ry Ga W W W W W W ~HU~ H w w N o x O H r~2 uHW:4 ~ 2 H W H ~T-! W HH~U u>> z 'Z, wW W H(D M ,D :w a 1 a WUn ;Z 2H W W E ry Hnu'z., FC CQU) H 1 ~D qWW aDwty a !y W pQ CL n U W M C) ~ El < C9 w i-l CJ W O - = C~ I z a 1 i n w w H H o H C7 fy ~O W o O 0CDCD ~C,) a 2 J E-+ N N N H Ea E-+ U W U N O ~r 0 O O a M W u, ~O ; p to In un H E-+ E Town of Avon Real Estate Transfer Tax Calendar Year 2005 Purchaser Name Property Balance Forward January Holiday Christie Lodge Timeshare Douglas Christians Christie Lodge Timeshare Holiday Falcon Pointe Timeshare 1 st American Heritage Falcon Pointe Timeshare Holiday Falcon Pointe Timeshare 1 st American Heritage Falcon Pointe Timeshare Title Comp Rockies Mtn. Vista 05-04 Title Comp Rockies Mtn. Vista 05-05 Holiday Mtn. Vista 1320 Week 7 Title Comp Rockies Mtn. Vista 05-06 Title Comp Rockies Mtn. Vista 05-07 Title Comp Rockies Lakeside Terrace 05-04 Title Comp Rockies Lakeside Terrace 05-06 David Powers Sunridge @ Avon C-104 Joann M. Sanders Sunridge @ Avon II B-203 Michelle Dewine Sunridge @ Avon II C-203 Michael Leake Beaver Bench Condo A-12 Jeffrey & Karen Erickson Avon Center @ B.C. 807 Thomas & Anastasia Crisofulli Avon Plaza Condo B-106 David K. Rees Lakeview @ Benchmark A-5 Thomas E. Chilcott III Chapel Square B-231 Joel & Maridane Hiser Lodge @ Brookside 303 Richard & Colleen Weber Canyon Run H-201 George & Dyann Linger Balas Townhome C Ron Alex Benchmark Condo A-08 Michael R. Dantas Lot 10 B Blk 2 Wildridge Ludwig Ritsch Lot 10 Blk 3 Wildridge Total February Revenue Total YTD Revenue Total 2005 Budget Amount Received $ 64,186.70 2.00 40.00 4.00 80.00 120.00 90.00 6,358.80 5,289.10 80.00 17,757.20 9,058.30 295.00 809.80 3,500.00 3,490.00 100.00 940.00 8,640.00 6,000.00 6,200.00 2,500.00 7,200.00 7,600.00 5,350.00 1,800.00 18,260.00 4,400.00 115,964.20 180,150.90 2,100,000.00 Variance, Favorable (Unfavorable) $ (1,919,849.10) F- W W ♦2 v/ IWO w p X 'a LL.L F- co 0 z CO I Z p O Q q.+ V 0 v Q c V ~ N O E w O O o w- \o N U C O to G O O O O U N F- H } D O m N <t ~-J 0 O c O J lJ O v J d 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O M O O O O O O O O O O O 00 O O O O O O O O O O O O O O O C) 0 0 0 0 0 0 O t~ co 0) d) co el~l (D O M O 613 M N <t n O O rN C ~ GO Ih 00 N Lf) LC) ~t N O 6) rt Ltj r N O M 0~0 O LN M~ tN O ~F LNn Lin r W N O O O r- N tD O m N CO O rt a f~ LO LO M M O M O N O O st 6 h- M 6 O 6 6 N 6 00' '4 N O O m w 0 0 0 O N It O O N L") of C'7 O O L[) "It 0) t0 m N 0 r 00 6) N m~ O m O ,It LO LO N LC) e% N N oo M r t j (+07 n L17 O0 ch W N W of r- 00 6 t-- o6 r~ m cV 6) c6 6) M Lf) C) O LO O O O O t[) O V fl- O 0 ~ f` 0 c0 O r- n c0 -7 C4 { V L c6 L O G c6 M 'It r- d ~v O M C, C) V' M N ti LO N N c0 co 06r- m N O m O d' N ON0 6) Lc) co M Lf) rt M V 't O 6) LL) 't M O m N w m P M 6) O N M rt Ln N r M \ O M OC r O h- 00 C) O co !f? r CO O Cl) LY) O d' EA O O O O ~r N N M O co N N N Lh 7 CG M O O N V. r O N to co O r co O N GO N N N M N O O 00 t-- O 0 O O LO f` (0 Ln O O N d) N N co LO c2 n LO N 6) O t M 6 to CV <t •M- t r tm0 ih ~ O O LOO 60) n CV L6 (4 c0 N Q) M M r- h- 6) c'h rt Lf) N N U% N O N_ 1- ti m m a O O O co N 10 (0 LO -,t U') co of u) c0 N O M M O to 00 (D _ O) co 6) _O n c l! cO ~•O W m N M CJ N M 1 W. 1 N O D O ? 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LO M _ N d' a0 (fl O) u U') O O O _N (O V) N `It N 00 M N M N W. LC) O O o) N CM OM r` 'd' It It M N Cl) It M M (M Cl) co t- d d O rt M N ~t to d' M U'j N ih M o) O U) N (o O to m O LO d. O co LO 00 (O N It 00 CM N 00 U) O (V M r O U) M to M V "t CO to N M ~t O N (o N O 00 O M O N n O (ON r G) CD M V N O O LO ti m N M M Cl) M M N (o U) V (d3 O O N h- O r ~t N tp t` 00 (o N M W ~Vt (o M r 0 M Ln O M LO U) N 0) OO N W ,Od. ONO LN 00 r M f~ -t O M (o O O 't h- O It tp O r O N m 0 L17 0) r Ln C r o) .f 0 00 00 O LO o) 0) M N !l- M d' 'It 't N N co M co M M M O (o U M r` r (p O O O~ U) - LO (D O U) t` ct r M r L1') P- N 8 00 V to N co It O M m= O N 0 O- r 0 0 0 'IT ~N M N UC6 0 vi Lfi CT to co M co -It -It co co M (U 00 d' ER ~ )J O) rt M O O N O O o) aD O 1O to O M M to to o) O 0) Ln LO 0 co N O O I-OOO ~ 7 V r. O ti m h- t` P- m m U) C, U) O (A r` U) n O LC) M M O O 1- N N 0 00 co rt co N co ~t V m co m to (o R U9 'Fu m C, N Q a E t] 0 0 = L m O Q~' CU C T O7 Q O> U F- ~ ti 2i Q -~i Q U) 0 Z a i n1 ' O I N t I I I O sz O I N i ti I ~rxs; p I r1 I O ON I ~z O jx N 0 N 77 I I _ I O x~ O -O O O O O C) Cl C) C> C> O O O O O O v) O n O n p N N O O 669 b~9 Memo To: Avon Town Council Members From: Mayor Ron Wolfe Date: March 17, 20005 Re: Update on Eagle County Transit Meeting (Memo only) Summary: ✓ At the last meeting of the ECO Board held on 3/17/05, 1 was elected as Chairman of the Board and Stephen Richards was elected as Vice Chairman. ✓ Attached is a memo addressing ridership and revenue impacts from fare increases ✓ Attached is also a memo on the April ECO Board Retreat Issues & Agenda eagle County regional ira,nsortation aulnarity MEMORANDUM DATE: MARCH 17, 2005 TO: RON WOLF' CC: FROM: DAVID JOHNSON RE: RIDERSHIP AND REVENUE IMPACTS FROM FARE INCREASES Ron: In response to your question regarding the impacts of fare increases, I have compiled data for December 2004 when the fare increase took effect, and for January and February of 2005, and compared the information to the same months last year. Fare Impacts MonthlYear Ridership % Chant a Revenue Sales % Change Before fare Dec-03 101,242 $112.121 '+~hange Jan-04 118,723 $95, 010 Feb-04 109,991 $11'x.42:1, r aye r , 09, 052 Aft erfara H, 7)07 -14.G" $1 ~0 15.- ,,,o cFa~e Jan-05 96,1' 8 -1 8.4°E 1:, $1 17,3 Fel_-03 S4,4501 -23.21-1,'1, . $140,E)12 17.7`Fn The data indicates a decrease in ridership of 19% over the same time period last year. We believe that ership decreased because of the fare increase and because the Timber Ridge housing complex was closed ast year, forcing many Beaver Creek employees to live elsewhere and riUeTTCO to eaver Cree . F~evenueare rs increased an average of 19% for December, January and February compared to last year. Despite dle decrease in ridership, the average 50% fare increase made up for the lost revenue from less boardings. We will determine the actual 2004 farebox recovery ratio when we receive final figures from Eagle County finance. We anticipate our final operating expenses to be $5,141,756. This is our 2005 estimated operating expenses (less the new $176,000 administration fee for 2005). Our cash sales of passes, ticket books, tokens and farebox cash amounts to $926,619.45. Our estimated 2004 farebox recovery ratio, therefore, is approximately $926,619/$5,141,756, or 18.0% 1 MEMORANDUM DATE: March 17, 2005 TO: Authority Board Members FROM: Harry Taylor, ECO Director RE: APRIL ECO BOARD RETREAT ISSUES BACKGROUND The April Retreat is a day dedicated toward addressing specific challenges facing ECO Transit and Trails in the near future. The ECO Board and staff will develop ongoing strategies regarding critical operating and planning issues relevant to the time. At day's end staff and I will have received direction from the board regarding those issues discussed at the Retreat. The proposed agenda is attached outlining the topics identified for discussion at the February ECO Board meeting. Sandy McCarthy has been employed to facilitate our April 2005 ECO Board Retreat. Sandy was the Facilitator at the 2004 ECO Board Retreat so this will be a repeat performance for Sandy. We are very pleased to enlist Sandy to keep us focused and on schedule for this important meeting. Vicki Mattox, Senior Vice President for Stifel Nicolaus/Hanifen Imhoff will not be able to attend the April Board Retreat this year. Vicky has agreed to provide the financial analysis (appropriate spread sheets) for both ECO Transit and Trails to be discussed at the meeting. For Transit this will include a 10 year financial projection and summary of both Fund 151 (Transit Operating Fund) and Fund 155 (Equipment Replacement Fund). For ECO Trails she will provide the Financial Overview. Thank you. • ATTACHMENT #8 23 ECO RETREAT AGENDA April 21, 2005 7:30 - Continental Breakfast & Gathering in Meeting Room 8:00 - Overview and Introduction of Facilitator 8:20 - ECO Trails Financial Overview 8:40 - ECO Trails Maintenance Review 9:00 - Review of Trends a) population b) demographics c) service expectations 9:30 - Break 4ey1~ 9~ ~yyg 5- Memo To: Avon Town Council Members From: Mayor Ron Wolfe Date: March 15, 20005 Re: Update on Eagle County Open Space Advisory Committee (Memo only) Summary: At the last meeting of the OSAC held on 3/14/05, 1 was reelected as Chairman of the committee and Dick Bourret was reelected as Vice Chairman. There will be a joint meeting between the OSAC and the BOCC on April 19, 2005 to discuss a number of issues, including bonding, committee processes, open space planning and the authority of the OSAC. TO: AVON TOWN COUNCIL FROM: RON WOLFE, MAYOR DATE: MARCH 15, 2005 SUBJECT: COUNCIL MEETING EFFICIENCIES Based on feedback and discussion with several members of Council and with Larry, I offer the following suggestions and changes in approach for our meetings. Unless you have objections I will go ahead with changes in how I chair our meetings. COUNCIL MEMBER PREPARATION: Study and digest Council Book material thoroughly and sufficiently in advance of meeting so that you can reflect on the subject. If you need additional background and information ask for it prior to the meeting. Be prepared to directly deal with the issues and question. COUNCIL QUESTIONS: (A) Mayor will call for questions but not poll all Council Members in turn so as to not create a sense of obligation to ask something; members will be recognized for questions from one end to the other. Do we need some way to indicate member's desire to ask a question? (B) Mayor will remind Council and individuals of the remaining time and ask if the topic should be tabled for a later meeting (puts me in a tough role). (C) Mayor will ask questions last. COUNCIL DISCUSSION: (A) Mayor will call for discussion but not poll all Council Members in turn so as to not create a sense of obligation to say something; members will be recognized for discussion from one end to the other. Do we need some way to indicate member's desire to make a point or express a position? (B) Members should allow a ""first round" of discussion before commenting again or on points and positions put forth by others. (C) Mayor will aggressively ask members to "make your point and move on" and otherwise attempt to control expositions on peripheral information, excessive discussion about how to fix an applicant's problem and other extraneous conversation and chit-chat. (puts me in a tough role) (D) Mayor's point-of-view will be reserved to the end of discussion and will generally be withheld unless it is needed to influence the outcome of the deliberations (my call). SCHEDULE COMPLIANCE: In addition to all of the above measures combined, we should all commit to respecting the time of those persons and groups who want to participate in agenda topics by working hard to maintain the published schedule. Memo To: Tamra Nottingham Underwood, Mayor Pro Tern cc: Mayor & Town Council Larry Brooks, Town Manager Jacquie Halburnt, Asst Town Manager From: Patty McKenny, Town Clerk Date: March 15, 2005 Re: Other Council Meeting Efficiencies Summary: Per your request to obtain more information about the format of Avon's agenda and other agendas, I have compiled some agenda examples from surrounding municipalities. Previous Council Action: The previous Mayor asked that work session meetings not begin prior to 2 PM taking into account the fact that it is a business day for some Council members. In order to become more information and citizen friendly, it was also agreed that the agendas would include a "title" and "description" for each agenda item, as well as street addresses for any planning related items. Work Sessions have been held for the purpose of providing a time for informal discussion and study on certain topics. This meeting has been as an unofficial meeting, since no formal action by Council can be taken, but rather it is a time for Council to have a dialogue about topics of interest to the Town. Background: There has been some more recent discussions pertaining to Avon's meetings in light of the length of the last three or four meetings. Discussion: Per our conversation, some of the questions or items that may be addressed to better fine-tune the agendas include the following: ✓ Include Mayor in "setting the agenda" so that he is comfortable with the timeframes. ✓ Currently Council, Town Manager and staff identify topics for the agendas. Through discussions at the weekly Department Head staff meeting, a determination is made with each item as to where it is assigned, i.e. the work session, liquor board meeting or regular meeting. The Town Manager makes the final decision after a substantive analysis as to which agenda the topic will be placed. ✓ Include time at the beginning of both meetings to amend and approve the respective agendas. ✓ Improve upon "Citizen Input" section by providing some directives to the citizens, i.e. include explanation addressing appropriate topics, time allotted for each person, and whether or not Council is to respond. ✓ Include the next Council meeting dates or that regular meetings are held the 2nd and 4th Tuesdays of every month. ✓ Include a heading that addresses "Future Agendas" at the end of the meeting agenda, maybe before consent items. ✓ Include Council member names in "Roll Call" section to help create again a more informative agenda format. Review of the agendas attached: ✓ Most public comment time was at the beginning of the meeting. ✓ It varied as to when staff updates were presented, some at the start of the meeting & some at the end of the meeting. Even the timeframe for Council reports varied on the agendas. ✓ Most agendas indicated that times were only an "estimate" and subject to change. ✓ Some agendas included more detailed descriptions and instructions about the meetings and agenda items., Some noted whether or not Council action was requested / required. Please find attached the following municipality agendas: Work Session Regular Meeting Municipality Agenda Start Time Agenda Start Time Aspen Not provided 5 PM Alamosa 6 PM 7 PM Breckenridge 3 PM - time varies 7:30 PM Dillon 5:30 PM Frisco 4 PM 7 PM Glenwood Springs - Time varies 6:30 PM 2 agendas included Minturn 6 PM 7 PM Salida Not provided 6 PM Vail Noon 6 PM Avon Planning & 5 PM 5:30 PM Zoning Agenda Some of the more general comments I received from the Clerks listserv (email system for Colorado Clerks) are as follows: ✓ Work Sessions are held on the alternate week from the Regular Meetings. ✓ Timeframe for each meeting (work session and then regular meeting) average about 2 to 3 hours. Some municipalities just call work sessions when there is a topic that needs more discussion; it was not a regularly scheduled meeting. ✓ Clerk listserv responses indicated that work session is scheduled to give more discussion time to topics. ✓ Clerk listserv responses indicated that most of the Regular Meetings begin anywhere from 5:00 PM until 7:30 PM. Memo Council Meeting Efficiencies Page 2 of 2 1L_l=~J_Ll•J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jacqueline Halbumt, Bob Reed, Scott Wright Date: March 15, 2005 Re: Transportation Issues Summary: As our transit discussion evolves, we would like to focus on the areas of transit philosophy, staffing and funding. Discussion: As council develops a transit philosophy, please consider the following: 1. Fiscal constraints may have resulted in concerns about levels of service. 2. Transit used to be moving people - now, at the request of Beaver Creek, it's moving and attempting to change passenger behavior. 3. Does this expanded objective meet our vision for the future? This point seems to have once again highlighted the need to address the financial pinch that exists to sustain the program. 4. Before we need to decide specifics of service options, we need to address our ability to fund/sustain any transit service 5. Also coming to bare is the issue of contributory funding from others. This is year-to-year and ignores sustainability. Staffing; level and operations history Below are 2002 staffing levels, which was the first year without ECO in the budget. The cuts in supervision that have occurred since that time seem to reflect the issues that BC has with the level of service. 2002 1 Full Time Director .5 Marketing .5 Accounting Assistant Clerical Asst 1 Operations Supervisor 2 Foremen 8 Full-time Drivers 13 Full-time equivalent 2005 %2 Director 1 Clerical (Full-time budgeted, but have been doing without) 1 Superintendent 2 Driver/Foremen 4 Full-time Drivers 8.5 Full-time Employees It takes 9.6 drivers to handle the system year round. That's based on the slowest time of the year, with the Town Shuttle running 17 hours/day and Parking lots running 38 hours/day. It takes about 35 drivers to get through the busy season. We seem to be running 4 to 5 drivers short year round. Funding Options Operating Beaver Creek's system has helped reduce our hourly rate to run transit through shared costs. The Town's hourly cost for transit consists of three components: 1) shared costs with Beaver Creek (i.e. fixed and variable operating costs such as fuel and personnel); 2) fleet maintenance costs which are billed separately from the Fleet Maintenance Fund; and 3) capital costs. For budgetary purposes, the Town has historically used other available financial resources (e.g. federal grants and lease purchase proceeds) to fund the majority of its capital costs. However, in order to reflect the Town's true capital cost an hourly depreciation cost is presented below. 2005 2004 2003 2002 Total Avon Hours 17,988 17,521 20,010 17,034 Hourly Costs: Shared Cost w/ B/C $36.95 $ 36.20 $ 34.70 $ 39.79 Fleet Maintenance 11.92 11.83 10.67 15.65 Depreciation 8.16 8.37 734 10.50 Total Hourly Cost 57.03 56.40 52.71 65.94 The Town' hourly cost for transit, including depreciation on its buses, has been reduced from a high of $65.94 in 2002 (the first year without ECO) to a projected cost of $57.03 in 2005. To illustrate the austerity measures by operating cost comparison with neighboring transit agencies, Avon operates one of the most cost efficient operations in the region at $36.95/hour compared to approximately $60/hour for ECO, $50/hour for Vail, $73.50/hour for Denver RTD and approximately $56.68 for RTD paratransit services. The major point to be made here is that we should understand and address the full cost of sustaining a mass transit program. To date our focus has been fiscally constrained because we have had to 0 Page 2 balance the budget. What we need to do from this point forward is to address the full cost of sustaining such a service and to determine how to fund it. The Town basically has 7 funding options to consider in its strategic decisions regarding transportation. Some of these options have been considered in the past and may not be a serious option. However, for purposes of providing some historical perspective, they have not been eliminated. The options as are follows: 1. Discontinuation of Routes 2. Retain status quo 3. Fares 4. Property Tax Increase 5. Sales Tax Increase 6. Use Tax 7. General Improvement District Items 3-7 are addressed in a separate attachment entitled Dedicated Transit Revenue Sources. Items 1 and 2 are self-explanatory. Financial Implications: The 2004 financial implications for increased service through the Action Plan include $6000 for the ambassador program for the rest this season and the beginning of next and $5000 for surveying. If council agrees this is the direction staff should take, we need Council approval of the Action Plan and budget amendment. Town Manager Comments: • Page 3 Memo TO. Honorable Mayor and Town Council _ Thu. Larry Brooks, Town Manager i AVON C O L O R A D O From: Tambi Katieb, Community Development Director Dek March 17, 2005 Fie: Community Development Update Community Development will be providing you all with a brief update of the anticipated Comprehensive Plan Public Draft Adoption Hearing Schedule (provided below). Hearing Date Discussion Items March 151h 2005 Planning and Zoning Part I: Introduction, Background, and , Commission Orientation Planning and Zoning Part II: Land Use and Community April 5th, 2005 Commission Framework Part III: Subarea Planning Principle and Recommendations 1h April 19 , 2005 Planning and Zoning Commission Part IV: Regional Goals and Policies Planning and Zoning Part V: Supplemental Reports May 3`~, 2005 Commission Part VI: Open Discussion Joint Work Session May171h, 2005 Planning and Zoning P&Z Recommended Version/Review of Commission/Town Public Comment Council May 24th, 2005 Town Council Part I: Vision Statement Part II: Land Use and Community Framework th June 14 , 2005 Town Council Part III: Subarea Planning Principles and Recommendations Part IV: Regional Goals and Policies June 28th, 2005 Town Council Part V: Supplemental Reports Part VI: Open Discussion Community Development Update to Council March 22, 2005 Work session TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING AGENDA , MARCH 22, 2005 - 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 3. Resolutions a. PUBLIC HEARING for Resolution No. 05-11, Series of 2005, Resolution approving Subdivision Variance and Preliminary Plan for the Village (at Avon), Filing 4, Town of Avon, Eagle County, Colorado (Norm Wood, Town Engineer) b. Resolution No. 05-12, Series of 2005, Resolution to amend the 2005 Town Budget (Scott Wright, Finance Director) - Approved $10K for Bravo! to provide educational and outreach programs in Avon 4. Ordinances a. Ordinance No. 05-01, Series of 2005, First Reading, An Ordinance Amending Chapter 5.08 Municipal Code of the Town of Avon, as it relates to the Modification of Licensed Premises and Undue Concentration Licenses (John Dunn, Town Attorney) - Addresses requirements for modification of premises for retail liquor store licenses and regulations to consider related to undue concentration. b. Ordinance No. 05-02, Series of 2005, First Reading, An Ordinance Amending Section 16.40.130, Municipal Code of the Town of Avon, Relating to Street Names (John Dunn, Town Attorney) - Amendment to the Code that further clarifies the criteria to consider when naming of streets for Avon 5. New Business a. Marcin Engineering LLC - Topographic Survey and Engineering Design Services Proposal for Surface Transportation Center, (Norm Wood, Town Engineer) - 6. Other Business 7. Unfinished Business a. Metcalf / Nottingham Loading & Delivery (Larry Brooks, Town Manager, Norm Wood, Town Engineer, Jeff Layman, Police Chief) - Review of measures taken to address the loading & delivery issues b. Group Cycling Program (Meryl Jacobs, Recreation Director) - Additional information on program comparisons, fee proposal and purchase vs. leasing of bikes program. 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report 11. Consent Agenda a. Minutes from March 8, 2005 Regular Council Meeting 12. Adjournment :demo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: March 15, 2005 Re: Resolution No. 05-11- A Resolution Approving Subdivision Variance and Preliminary Plan for The Village (at Avon) Filing 4, Town ofAvon, Eagle County, Colorado (Public Hearing) Summary: Traer Creek RP LLC has submitted an application for a Subdivision Variance and Subdivision Preliminary Plan approval for The Village (at Avon) Filing 4, A Subdivision of the Southwest 1/4 of the Northwest'/4 of Section 8, Township 5 South, Range 81 West of the 6th Principal Meridian and a Resubdivision of Tract H, The Village (at Avon) Filing 3, all in the Town of Avon, Eagle County, Colorado. The proposed subdivision will create a right-of-way for the installation of a water service main and future public road, a site for a two million gallon potable water storage tank and drainage easements for natural stream flow and wetland mitigation. The requested variance is to allow an increase in maximum road grade to 9.5% from the 8.5% stipulated in The Village (at Avon) PUD Guide, for the portion of Nottingham Ranch Road (currently proposed as Traer Creek Run) located north of I-70 and maintained by the Town of Avon. The PUD Guide allows a maximum grade of 10% for sections of this road not maintained by the Town of Avon. Resolution 05-11 approves the requested Subdivision Variance and Preliminary Plat subject to specified conditions for proceeding to final plat and to maintain consistency with The Village (at Avon) PUD Guide. We recommend approval of Resolution No. 05-11, A Resolution Approving Subdivision Variance and Preliminary Plan for the Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado. Background: The Village (at Avon) PUD Guide includes the following: Design and Improvement Standards. Development within The Village (at Avon) shall comply with the Design and Improvement Standards contained within Section 16.40 of the Avon Municipal code in effect on June 1, 1998, with the following exceptions: (a) Roadway standard modifications for roads located north of Interstate Highway 70 not maintained by the Town of Avon (i) Minimum Driving Width: 22 feet (ii) Minimum Shoulder Width - Each Side: 2 foot paved (1) Shoulders shall not be required if curb, gutter and sidewalk is installed. (iii) Design Speed: 25 miles per hour (iv) Maximum Grade: 10% (v) Minimum Curve Radius: 75 feet (vi) Minimum Site Distance: 150 feet (vii) Cul-de-sacs may exceed one thousand feet (1,000') in length and serve not more than 280 residential units; provided however, that the portion of the cul- de-sac that is in excess of 1,000' shall not service commercial uses. (b) Roadway standard modifications for roads located south of Interstate Highway 70 and roads maintained by the Town of Avon: (1) Shoulders shall not be required if curb, gutter and sidewalk are installed. (ii) Median areas shall not require a sidewalk and, if curb and gutter is installed, shall not require a shoulder. (iii) Maximum Grade: 8 '/2 % for Nottingham Ranch Road (this standard shall also apply to that portion of Nottingham Ranch Road located north of Interstate Highway 70 and maintained by the Town of Avon). All other roads 6%. Discussion: Variance: (a) Upon application by a subdivider, the Town Council may, at its discretion, grant variances from some or any requirements of the subdivision regulations based upon the following criteria: (1) Whether a strict, literal application of these subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape location and character of the proposed subdivision; Response: The Variance Application States: "Reasons for Request for Variance: We are requesting a variance from a maximum grade of 8 % for L•\Engineering\Avon VillageA5.0 Filing 4\5.4 Preliminary Plan\Res 05-11 Memo-I.Doc Local Streets to a maximum of 9.5 % for portions of Traer Creek Run due to existing terrain conditions. The combination of the close proximity of Interstate 70 to the steeper portions of the terrain north of I-70 and the road being extended (Post Boulevard) passing beneath I-70 eliminates the possibility of grading Traer Creek Run at a maximum of 8 Contributing to the grade is the CDOT mandated location of the new roundabout at Swift Gulch Road and associated grades across the large diameter of the roundabout. This condition forced the beginning of Traer Creek Run closer to the steep hillsides. Additionally, an access into Planning Area N has been included off of Traer Creek Run with the appropriate intersection grading further hindering the ability to obtain the 8 % grade." 2) Whether the provisions of the regulations from which relief is requested are not materially important, in a planning sense, to the orderly controlled development of the tract in question; - Response: The proposed roadway design meets or exceeds Design and Improvement Standards in The Village (at Avon) PUD Guide for roads located north of Interstate Highway 70 not maintained by the Town of Avon. Approval of the requested variance to allow an increase in maximum road grade from 8.5% to 9.5% for the portion of Nottingham Ranch Road (currently proposed as Traer Creek Run) located north of 1-70 will provide the flexibility to permit this section of road to be maintained by the Town of Avon. 3) Whether the granting of the request might adversely affect the use of the land in the immediate area of the tract in question. Response: See (2) Above (b) A variance granted by the Town Council may contain limitations as to time or disposition or use of the tract in question in order to ensure that the stated purpose of the variance request is realized. Response: The following condition of approval is recommended to assure that the granting of the variance remains consistent with the intent of the Annexation and Development Agreement and the PUD Guide: (1) Traer Creek Run may be constructed to a maximum grade of 9.5 may exceed one thousand feet (1,000') in length and serve not more than 280 residential units; provided however, that the portion of Traer Creek Run that is in excess of 1,000' beyond the Swift Gulch Road Intersection shall not service commercial uses. (Traer Creek Run is hereby limited to serving Planning Area N (Community Park), the Single-Family Lots and Planning Area RMF-3 1:AEngineering\Avon VillageA5.0 Filing 4\5.4 Preliminary Plan\Res 05-11 Memo-I.Doc as depicted on The Village (at Avon) PUD Development Plan and an alternate route will be required for access to future development on Planning Area M.) Subdivision (Preliminary Plan): (1) The Town Council shall review the Preliminary Plan to determine whether the proposed subdivision conforms to these and other applicable regulations, policies and guidelines and whether it represents good planning practice. (2) The Town Council shall hold a hearing upon any preliminary plan submitted. (3) The Town Council may continue consideration of the preliminary plan for a reasonable time to some date certain, but not to exceed thirty-five (35) days. Following not more than one (1) such continuance, the Town Council shall either approve, disapprove or conditionally approve a preliminary plan. A written form of such decision shall be issued, giving the reason therefore and conditions if any. (4) Failure of the Council to act within thirty-five (35) days of the date of the last hearing shall be considered a conditional approval of the preliminary plan; such conditions shall include compliance with all applicable regulations. Financial Implications: There are no financial implications associated with the granting or denial of this variance request. Recommendation: We recommend approval of Resolution No. 05-11, A Resolution Approving Subdivision Variance and Preliminary Plan for the Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado. Alternatives: If following the Public Hearing, Town Council does not concur with the findings and actions contained in Resolution No. 05-11, we recommend they table action on Resolution No. 05-11 until, the next regular council meeting and provide specific findings and actions for incorporation into an Amended Resolution for consideration at the next regular meeting. Proposed Motion: I move to approve Resolution No. 05-11, A Resolution Approving Subdivision Variance and Preliminary Plan for The Village (at Avon) Filing 4, Town of Avon, Eagle County, Colorado Attachments: Attachment A - Resolution No. 05-11 Attachment B - Preliminary Plan Subdivision Application Attachment C - Variance Application Attachment D - Letter March 14, 2005 / Technical Comments Town Manager Comments: 1:AEngineering\Avon VillageA5.0 Filing 4\5.4 Preliminary Plan\Res 05-11 Memo-Moe 4 TOWN OF AVON RESOLUTION NO. 05-11 Series of 2005 A RESOLUTION APPROVING SUBDIVISION VARIANCE AND PRELIMINARY PLAN FOR THE VILLAGE (AT AVON) FILING 4, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek RP LLC, the owner of the applicable portion of The Village (at Avon) has applied for a Subdivision Variance and Preliminary Plan approval for The Village (at Avon) Filing 4, A Subdivision of the Southwest 1/4, Northwest 1/4, Section 8, Township 5 South, Range 81 West of the 6t" Principal Meridian and a Resubdivision of Tract H, The Village (at Avon) Filing 3, all in the Town of Avon, Eagle County Colorado, in accordance with Chapter 16.20 of the Avon Municipal Code; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.D. Development / Sketch Plan dated October 13, 1998 and any amendments or modifications thereto; and WHEREAS, said Variance application is to allow an increase in the maximum road grade from 8.5% as stipulated in the Annexation and Development Agreement for that portion of Traer Creek Run (Nottingham Ranch Road) located north of Interstate Highway 70 and maintained by the Town of Avon, to 9.5%; and WHEREAS, The Town Council of the Town of Avon finds that the requested Variance complies with the following criteria: 1) A strict, literal application of the subdivision regulations would result in an undue hardship to the subdivider due to the purpose, size, shape location and character of the proposed subdivision; 2) The provisions of the regulations from which relief is requested are not materially important, in a planning sense, to the orderly controlled development of the tract in question; 3) The granting of the request will not adversely affect the use of the land in the immediate area of the tract in question; and WHEREAS, The Town has provided public notice in accordance with Section 16.20.070 to all owners within three hundred feet of The Village (at Avon) Filing 4 and posted notices of the time and date at which Town Council considered the preliminary subdivision application; and WHEREAS, The Town held a public hearing at which it received evidence and testimony concerning the Preliminary Plan, at the conclusion of which the Town Council considered such evidence and testimony. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the Proposed Subdivision Variance and Preliminary Plan for The Village (at Avon) Filing 4 is in the best interest of the public health, safety and welfare, conforms to the Annexation and Development Agreement dated October 13, 1998, the terms of the P.U.D. Development / Sketch Plan dated October 13, 1998 and all subsequent amendments and modifications, and other applicable development laws, regulations and policies of the Town of Avon and hereby approves the same subject to the following conditions: 1. Traer Creek Run may be constructed to a maximum grade of 9.5 may exceed one thousand feet (1,000') in length and serve not more than 280 residential units; provided however, that the portion of Traer Creek Run that is in excess of 1,000' beyond the Swift Gulch Road Intersection shall not service commercial uses. (Traer Creek Run is hereby limited to serving Planning Area N (Community Park), the Single-Family Lots and Planning Area RMF-3 as depicted on The Village (at Avon) PUD Development Plan and an alternate route will be required for access to future development on Planning Area M.) 2. Completion of technical corrections identified by staff, including but not limited to those in letter of March 14, 2005 regarding Traer Creek Run and Two Million Gallon Water Storage Tank Preliminary Plans. ADOPTED THIS DAY OF March 2005. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 2 SUBDIVISION AVO N C O L O R A D O Subdivision Fee: $ Applicant:::E:9P,F_g RP L--C_ 's s -N W'AO-7S- ` Mailing Address: F0, 3q4 L 40 City: VA 1 L State: C© Zip: 81658 Phone 970 - gA9- 677(Q Fax ,a7v 748_ F39a~ Cell Owner of Property: -T-AAE~_g Er_ ~4 L Mailing Address: „ City: State: Zip: Phone Fax 1 Cell Project Lot: Block: Subdivision: `17-Ve.. 01a g e 6d Ay,,,..._~ Fair- 6, y Project Street Address: Trams s A c, B Project Name: --r-Le- V 111 i ut Cr-1 41v~ *Note: If the parcel has not previously been platted, please attach on a separate sheet a Meets & Bounds Description. Type of Subdivision: ❑ Minor Subdivision ❑ Condominium Subdivision ❑ Duplex Subdivision QJ Land Subdivision ❑ Timeshare Subdivision Type of Plat Approval Being Requested: ❑ Amended Final Plat' ❑ Sketch Plan Preliminary Plan ❑ Final Plat *Note: All subdivsions other than Minor and Duplex Subdivisions are required to c 200 Preliminary Plan approval prior to Final Plat. ....unity Develop nt I (we) represent that all information provided to the Town of Avon in connection with this application as true and correct, that I (we) understand the Town of Avon regulations applicable to this project, and understand that incomplete submittals will delay application review. Owner designates Appli- cant as indicated to act as owner's representative in all application submittals related to this ~proe Applicant: ~~Owner: ~(Print Name): (Print Name): Date: Date: Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 12/27/01) Page 1 of 2 Lot: Block: Subdivision: Project Address: Project Name:.1A V; JL [~cyor-1 ri L,t-44, Review Fee(s): All Applications: ❑ Four (4) sets of 24" x 36" plans ❑ Three (3) copies of the completed subdivision application form - submit separate applications for preliminary and final plats ❑ Fees Condominiums and Duplex Subdivisions: ❑ Three (3) copies of any applicable Master Declarations, Condo Declarations or Party Wall Agreements Recording Requirements: ❑ Two sets of mylars and Master Declarations, Condo Declarations or PartyWall Agreements which are fully executed and signed, including recording fees. Additional Requirements: Preliminary Plat Applications - 4 Units or more: ❑ Master List of all property owners within 300 feet with adequate legal descriptions provided by a title company ❑ Original Copy of Public Hearing Notice ❑ Stamped and addressed envelopes for all property owners within 300 feet - metered mail cannot be accepted Reviewed by: ❑ Complete ❑ Incomplete Date: This checklist is used to review subdivision applications for general completeness. We strongly recommend that you contact the Community Development Department prior to submittal to discuss specific submittal requirements for your project. Due to time constraints we can only accept complete applications. Help us avoid delays by giving us clear, complete plans and applications. If you have any questions, please call us at (970) 748-4030. Community Development, P.O. Box 975 Avon, CO 81620 (970)748-4030 Fax (970)949-5749 (rev. 12/27/01) Page 2 of2 ALPINE ENGINEERING, INC. February 28, 2005 Mr. Norman Wood, P.E. Town Engineer P.O. Box 975 Avon, CO 81620 Re: The Village (at Avon) Filing 4 - Traer Creek Run Subdivision Variance Application - Grades Dear Mr. Wood, On behalf of Traer Creek RP LLC, we respectfully request the following variance: Name of Development: The Village (at Avon) Filing 4 Location: North of 170 at Wm. J. Post Boulevard Interchange Size: 101.253 acres more or less Name and Address of Owner: Traer Creek RP LLC_ P.O. Box 640 Vail, CO 81658 List of Adjacent Owners and their Address: NA Provisions of Subdivision Regulations from which Variance is requested: Section 16.40.080 Reasons for Request for Variance: We are requesting a variance from a maximum grade of 8% for Local Streets to a maximum of 9.5% for portions of Traer Creek Run due to existing terrain conditions. The combination of the close proximity of Interstate 70 to the steeper portions of the terrain north of 170 and the road being extended (Post Boulevard) passing beneath 170 eliminates the possibility of grading Traer Creek Run at a maximum of 8%. Contributing to the grade is the CDOT mandated location of the new roundabout at Swift Gulch Road and the associated grades across the large diameter of the roundabout. This condition forced the beginning of Traer Creek Run closer to the steep hillsides. Additionally, an access into Planning Area N has been included off of Traer Creek Run with the appropriate intersection grading further hindering the ability to obtain the 8% grade. TOWN COUNCIL ACTION Received this day of 2005 By: The within request for Variance (granted, denied) this day of 2005 for the following reasons: TOWN COUNCIL OF AVON By: Mayor ATTEST: Town Clerk Sincerel , 4ichael J. Sliper, PE Cc: Erik Peterson, Eric Applegate Edwards Business Center • P.Q. Box 97 • Edwards, Colorado 81632 • (970) 926-3373 • Fax (970) 926-3390 L - March 14, 2005 Michael J. Sliper, P.E. Alpine Engineering, Inc. P.O. Box 97 Edwards CO 81632 Fax: 970-926-3390 Re: The Village (at Avon) Filing 4, Preliminary Plat Dear Mike: The following comments are in response to our review of the revised Preliminary Plat, Variance Request and corresponding documentation for The Village (at Avon) Filing 4 as received March 3, 2005. These comments should be addressed prior to submission of Final Plat for review and approval or submission of construction plans for grading and/or building permits. Traer Creek Run and 2 Million Galion Water Storage Tank Preliminary Plans L All slopes should be redesigned to a maximum slope of 2 : 1. Due to existing field conditions this may require the lengthening of some drainage structures and the installation of additional retaining walls. 2. On Sheet 17, please remove the Paved Shoulder notation from Detail B. 3. Riprap sizes must be included on final plans and sufficient information must be included with the submittal to evaluate proposed sizes. 4. Bends in the water plans appear to be incorrectly labeled, most notably "A" appears to be switched with "C." 5. Please ensure that the proposed fire hydrant locations do not interfere with proposed curb and gutter locations along the future road surface. In addition, hydrant locations should be approved by the Eagle River Fire Protection District. L\Engimeering'Avon VillageA5.0 Filing 4\5.4 Preliminary Plan\Review Comments-3.Doc March 14, 2005 We have mailed Notices for Public Hearing on Preliminary Plan for the March 22, 2005, Avon Town Council Meeting. These items will be considered as technical corrections to be completed prior to submission of Final Plat and/or construction plans for grading or building permits. It should also be noted that additional comments or conditions may be forthcoming following the Public Hearing and Council action on this Application. If you have any questions regarding this matter do not hesitate to contact me. Sincerely, Norman Wood, P. . Town Engineer Cc: Eric Peterson Fax: 970-748-8900 Tambi Katieb Eric Heidemann Larry Brooks l:AEngineering\Avon VillageA5.0 Filing 4\5.4 Preliminary Plan\Review Comments-3.Doc 2 Town of Avon To: Honorable Mayor and Town Council Thru: Lary Brooks, Town Manager From: Scott Wright, Finance DirectoQ~ Date: March 17, 2005 Re: Resolution 05-12, Budget Amendment Summary: A budget amendment is proposed to the General Fund for a contribution to Bravo in the amount of $10,000. Background: A request was made at the last Town Council meeting for a contribution in the amount of $10,000 for Bravo's educational outreach programs in Avon, including attending certain Avon special events. Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: r' Attachments: A Resolution 05-12 B - Summary of Proposed Amendment Page 1 RESOLUTION NO. 05-12 SERIES OF 2005 A RESOLUTION TO AMEND THE 2005 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2005 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2005, AND ENDING ON THE LAST DAY OF DECEMBER, 2005. WHEREAS, the Town Council of the Town of Avon has adopted the 2005 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2005; and WHEREAS, the Town Council finds it necessary to amend the 2005 budget to more accurately reflect the revenues and expenditures for 2005; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: . Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2005: Original or Current Previously Proposed Amended Amended 2005 2005 Budget Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,880,135 10,413,978 10,408,356 $ 3,880,135 10,413,978 10,418,356 Ending Fund Balance $ 3,885,757 S 3,875,757 1 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 22nd day of March, 2005. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 2 General Fund #10 Amendment #3 Fund Summary 7 REVENUES Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenue Total Operating Revenues Other Sources Sales of Fixed Assets Transfer-In From Capital Projects Fund Capital Lease Proceeds Total Other Sources TOTAL REVENUES EXPENDITURES General Government Community Development Public Safety Public Works Recreation and Culture Total Operating Expenditures Other Uses Transfers-Out to Mall Maintenance Transfers-Out to Debt Service Transfers-Out to Wildridge SID Transfers-Out to Finance Authority Transfers-Out to Transit Transfers-Out to Sherwood Meadows Transfers-Out to Fleet Maintenance Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Final Original or Current Revised Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2003 2004 2005 2005 (Decrease) $ 6,396,695 $ 6,530,377 $ 7,017,344 $ 7,017,344 $ - 186,948 213,600 136,600 136,600 - 623,070 697,440 693,099 693,099 - 1,655,017 1,876,089 1,965,579 1,965,579 - 56,866 50,750 50,750 50,750 - 102,573 125,000 150,000 150,000 265,693 234,702 272,106 272,106 9,286,862 9,727,958 10,285,478 10,285,478 - 378 1,500 1,500 1,500 - 200,000 50,000 50,000 50,000 - 339,000 75,800 77,000 77,000 - 539,378 127,300 128,500 128,500 $ 9,826,240 $ 9,855,258 $ 10,413,978 $ 10,413,978 $ $ 1,432,538 $ 1,584,847 $ 1,663,519 $ 1,673,519 $ 10,000 416,569 507,129 523,231 523,231 - 1,557,109 1,648,650 1,712,244 1,712,244 - 2,515,157 2,629,455 2,799,207 2,799,207 - 1,939,224 2,040,771 2,111,853 2,111,853 - 7,860,597 8,410,852 8,810,054 8,820,054 10,000 - - 15,000 15,000 480,120 480,120 482,615 482,615 - 2,500 8,000 8,000 140,059 137,999 132,687 132,687 700,000 390,000 800,000 800,000 150,000 123,964 - - 220,000 190,000 160,000 160,000 1,690,179 1,324,583 1,598,302 1,598,302 - 9,550,776 9,735,435 10,408,356 10,418,356 10,000 275,464 119,823 5,622 (4,378) (10,000) 3,484,848 3,760,312 3,880,135 3,880,135 - $ 3,760,312 $ 3,880,135 $ 3,885,757 $ 3,875,757 $ (10,000) Page 1 General Fund #10 Amendment #3 Revenue Detail Final Original or Current Revised Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2003 2004 2005 2005 (Decrease) Taxes: 51101 General Property Tax $ 1,290,623 $ 1,309,558 $ 1,370,489 $ 1,370,489 $ - 51102 General Property Tax - Delinquent Collections - 100 100 100 - 51103 General Property Tax - Interest 2,642 1,500 1,500 1,500 - 51201 Specific Ownership Tax 147,760 155,000 155,000 155,000 - 51301 Sales Tax 4,125,558 3,989,977 4,106,378 4,106,378 - 51302 Utility Tax 116,981 125,000 130,000 130,000 - 51303 Accommodation Tax - - 322,400 322,400 - 51304 Penalties and Interest 18,407 15,000 15,000 15,000 - 51305 Sales Tax Audit Assessments - - 20,000 20,000 - 51306 Payments In-Lieu-Of Sales Tax 449,231 629,242 576,477 576,477 - 51402 Franchise Fees 245,493 305,000 320,000 320,000 - 51000 Total Taxes 6,396,695 6,530,377 7,017,344 7,017,344 Licenses and Permits: 52101 Liquor Licenses 5,736 3,500 3,500 3,500 - 52102 Business Licenses 20,415 20,000 20,000 20,000 - 52103 Contractor's Licenses 13,715 10,000 10,000 10,000 - 52201 Building Permits 111,951 150,000 82,000 82,000 52203 Plumbing Permits 12,990 12,000 7,500 7,500 - 52204 Mechanical Permits 14,992 12,000 7,500 7,500 - 52205 Road Cut Permits 7,149 6,000 6,000 6,000 - 52206 Other Licenses and Permits - 100 100 100 - 52000 Total Licenses and Permits 186,948 213,600 136,600 136,600 - Intergovernmental: Federal Grants: 53199 Other Federal Grants 15,151 8,640 - - - Subtotal: Federal Grants 15,151 8,640 - - - State Grants 53299 Other 11,212 12,000 9,954 9,954 - Subtotal: State Grants 11,212 12,000 9,954 9,954 - State/County Shared Revenue: 53301 Conservation Trust 53,824 53,000 53,000 53,000 - 53302 Motor Vehicle Registration 20,261 20,000 20,000 20,000 - 53303 Highway User's Tax 141,582 141,759 147,645 147,645 - 53304 Cigarette Tax 35,255 35,000 35,000 35,000 - 53305 County Sales Tax 224,836 304,541 305,000 305,000 - 53306 Road & Bridge Fund 120,949 122,500 122,500 122,500 - Subtotal: Shared Revenue 596,707 676,800 683,145 683,145 - 53000 Total Intergovernmental 623,070 697,440 "693,099 693,099 - Page 2 General Fund #10 Amendment #3 Revenue Detail Final Original or Current Revised Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2003 2004 2005 2005 (Decrease) Charges for Services: General Government: 54101 Sale of Map and Publications 361 500 500 500 54102 Photocopying Charges 1,483 1,500 1,500 1,500 54103 License Hearing Fees 100 100 100 100 54104 Other Fees and Charges 1,844 1,500 1,500 . 1,500 54201 Plan Check Fees 98,549 85,000 59,800 59,800 54202 Subdivision Review Fees 218,058 94,000 15,000 15,000 54203 Design Review Fees 34,305 20,000 15,000 15,000 54204 Animal Control Fees 120 120 100 100 54205 Abatement Services 1,535 100 100 100 54301 Police Reports 6,032 6,000 6;000 6,000 54302 Police Contract Services 4,713 6,750 6,750 6,750 54303 Fingerprinting Fees 1,872 2,500 2,500 2,500 54304 VIN Inspection Fees 11,718 17,750 17,750 17,750 54305 False Alarm Fees/Misc Police Dept Fees _ _ _ 54452 Sherwood Meadows Maintenance. Charges 1,531 - _ _ 54453 Village at (Avon) Municipal Services 143,310 396,005 521,268 521,268 _ Subtotal: General Govern. 525,531 631,825 647,868 647,868 Recreation Facility: 54601 Admission Fees 836,190 953,794 998,458 998,458 54602 Program Fees 39,148 40,546 40,546 40,546 54603 Rentals 3,192 500 4,000 4,000 54604 Merchandise Sales 8,111 10,400 10,400 10,400 54605 Childcare 12,711 17,000 17,000 17,000 54606 Rec Center Services 16,292 17,000 17,000 17,000 54607 Fitness Program Revenues 8,626 6,554 8,947 8,947 54608 Locker Rental 150 150 300 300 Other Recreation: 54651 Adult Program Revenues 14,770 14,720 15,740 15,740 54652 Cabin Equipment Rentals 38,119 30,600 30,600 30,600 54653 Athletic Field Rentals 2,224 4,000 3,000 3,000 54654 Cabin Concessions 5,223 4,000 5,000 5,000 54655 Youth Program Revenues 71,344 50,000 61,720 61,720 54676 Sponsorships 50,050 72,000 82,000 82,000 - 54677 Advertisements 3,750 5,000 5,000 5,000 54678 Event Fees 19,586 18,000 18,000 18,000 _ Subtotal: Recreation 1,129,486 1,244,264 1,317,711 1,317,711 _ 54000 Total Charges for Services 1,655,017 1,876,089 1,965,579 1,965,579 Page 3 General Fund #10 Amendment #3 - Revenue Detail Final Original or Current Revised Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2003 2004 2005 2005 (Decrease) Fines and Forfeitures: 55101 Court Fines - Traffic 19,767 15,000 15,000 15,000 - 55102 Court Fines - Criminal 26,661 25,000 25,000 25,000 - 55103 Court Fines - Parking 3,357 5,000 5,000 5,000 - 55104 Court Fines - General - 500 500 500 - 55105 Court Costs 4,908 4,000 4,000 4,000 - 55106 Jury Fees 35, 200 200 200 - 55107 Bond Forfeitures 900 900 900 900 - 55108 Miscellaneous Court Revenues 1,238 150 150 150 - 55000 Total Fines and Forfeitures 56,866 50,750 50,750 50,750 - Investment Earnings: 57101 Interest 102,573 125,000 150,000 150,000 - 57000 Total Investment Earnings 102,573 125,000 150,000 150,000 - Other Revenues: 58101 Recreational Amenity Fees 89,612 135,978 171,206 171,206 - 58103 Recreational Impact Fee 70,224 - - - - 58106 Community Enhancement Fees 44,767 42,824 45,000 45,000 58109 Debt Issuance Fees 20,997 11,900 11,900 11,900 - 58201 Lease of Town-Owned Property 1,000 4,000 4,000 4,000 58999 Miscellaneous Nonclassified Revenues 39,093 40,000 40,000 40,000 - 58000 Total Other Revenues 265,693 234,702 272,106 272,106 - 50000 TOTAL REVENUES $ 9,286,862 $ 9,727,958 $ 10,285,478 $ 10,285,478 $ - Page 4 G General Fund #10 Amendment #3 Department Expenditure Summaries Final Original or Revised Prev. Amend. Dept./Div. Actual Budget Budget Number Description 2003 2004 2005 General Government: Legislative: Current Proposed Difference Amendment Increase 2005 (Decrease) 111 Mayor and Town Council $ 92,299 $ 95,752 $ 103,392 $ 103,392 $ - 112 Boards and Commissions 11,591 15,342 15,602 15,602 - 113 Town Attorney 62,860 106,000 80,000 80,000 - 114 Public Relations 75,658 72,890 110,510 120,510 10,000 115 Town Clerk 77,842 100,889 91,718 91,718 - Total Legislative 320,250 390,873 401,222 411,222 10,000 Judicial: 121 Municipal Court Executive: 131 Town Manager 132 Human Resources Total Executive Finance Department: 141 Finance 142 Information Systems 149 Nondepartmental Total Financial Administration Total General Government Community Development: 211 Administration 212 Planning 213 Building Inspection Total Community Development Police Department: 311 Administration 312 Patrol 313 Investigations 315 Neighborhood Services Total Police 68,967 77,236 85,318 85,318 - 213,099 236,083 252,254 252,254 - 107,643 113,958 113,518 113,518 - 320,742 350,041 365,772 365,772 - 416,985 451,766 479,409 479,409 - 114,710 128,761 131,588 131,588 190,884 186,170 200,210 200,210 722,579 766,697 811,207 811,207 - 1,432,538 1,584,847 1,663,519 1,673,519 10,000 100,926 112,855 129,659 129,659 - 121,773 166,986 210,712 210,712 - 193,870 227,288 182,860 182,860 - 416,569 507,129 523,231 523,231 - 262,510 270,550 278,010 278,010 - 1,131,195 1,286,772 1,336,510 1,336,510 - 82,300 91,328 97,724 97,724 - 81,104 - - - - 1,557,109 1,648,650 1,712,244 1,712,244 - Page 5 General Fund #10 Amendment #3 Department Expenditure Summaries Final Original or Current Revised Prev. Amend. Proposed Difference Dept./Div. Actual Budget Budget Amendment Increase Number Description 2003 2004 2005 2005 (Decrease) Public Works: 411 Administration 127,614 89,504 92,174 92,174 - 412 Engineering 336,581 278,031 273,012 273,012 - 413 Roads and Streets 1,057,039 1,127,727 1,204,025 1,204,025 - 414 Facilities Maintenance 289,914 334,542 385,388 385,388 - 415 Parks 704,009 799,651 844,608 844,608 - Total Public Works 2,515,157 2,629,455 2,799,207 2,799,207 - Recreation and Culture: 513 Special Events 183,969 237,333 238,260 238,260 - 514 Administration 333,844 309,840 294,144 294,144 - 515 Adult Programs 83,476 87,242 45,346 45,346 - 516 Aquatics 377,420 372,447 380,250 380,250 - 517 Childcare 54,501 62,531 37,688 37,688 - 518 Fitness 127,389 102,269 99,265 99,265 - 519 Front Desk 198,548 225,630 271,280 271,280 - 520 Maintenance 495,561 569,720 610,936 610,936 - 521 Youth Programs 84,516 73,759 87,483 87,483 - 522 Cabin - - 47,201 47,201 - Total Recreation and Culture 1,939,224 2,040,771 2,111,853 2,111,853 TOTAL OPERATING EXPENDITURES $ 7,860,597 $ 8,410,852 $ 8,810,054 $ 8,820,054 $ 10,000 Page 6 MEMORANDUM TO: TOWN COUNCIL ACTING AS THE LIQUOR LICENSING AUTHORITY FROM: TOWN ATTORNEY RE: RULES GOVERNING NEW LICENSES AND MODIFICATION OF PREMISES DATE: March 14, 2005 At the hearing on the application of VHF, LLC dba Fine Wines of Vail Valley, two issues were raised. The first issue was the question whether a future expansion of the premises would require a public hearing and a new determination of requirements of the neighborhood and desires of the inhabitants. You were advised that a Department of Revenue regulation requires a reassessment of those issues but that the Town's liquor licensing ordinance has no similar provision and no requirement of a public hearing. Based on that information, you directed that the licensing ordinance be amended to add both. The second issue was the relationship of the requirement of the statute that the requirements of the neighborhood be determined with the statute defining an undue concentration of licenses to be a situation requiring the use of additional law enforcement resources. While no direction was given, I did review the applicable Department of Revenue regulation and concluded it would be advisable to incorporate the regulation into the Town's ordinance to the extent it is applicable. An ordinance doing both is on the Council agenda. I have also included with this memorandum a copy of the ordinance showing the changes, as well as copies of the two Department of Revenue regulations. Sections 1 and 4 of the ordinance include applications for modification of existing premises as applications requiring a public hearing, and Section 4 requires consideration of requirements of the neighborhood and desires of the inhabitants. Section 2 is an attempt to distill the Department of Revenue regulation on undue concentration and make it specifically applicable to the Town of Avon. As you can see, the amendment allows you (but does not require you) to compare the ratio of licenses to population in the Town and in the county. JWD:ipse Colorado Department of Revenue Pa,.fe 1 of 2 David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... Services.... -j 1Sections.... Regulation 47-302. Changing, Altering, or Modifying Licensed Premises. y A. After issuance of a license, the licensee shall make no physical change, alteration or modification of the licensed premises which materially or substantially alters the licensed premises or the usage of the licensed premises rat4o€ t from the plans and specifications submitted at the time of obtaining the original it iqU a Stock in license without the prior written consent of the local and state licensing or` do authorities. For purposes of this regulation, physical changes, alterations or Enforcement Surnmaries modifications of the licensed premises, or in the usage of the premises requiring prior written consent, shall include, but not be limited to, the following: Master FiiG Licenses Office Locations ' 1. Any increase or decrease in the total size or capacity of the licensed Opin -is and Position premises. :vendors 2. The sealing off, creation of or relocation of a common entryway, doorway, nf(rcernent passage or other such means of public ingress and/or egress, when such common entryway, doorway or passage alters or changes the sale or distribution of alcohol beverages within the licensed premises. Tax 3. Any substantial or material enlargement of a bar, or relocation of a bar, or Fee Uc`' addition of a separate bar. Forms Laws a1 4. Any material change in the interior of the premises that would affect the basic Licenses and Permits character of the premises or the physical structure that existed in the plan on Other Related Links file with the latest prior application. The foregoing shall not apply to painting and Publications & Info redecorating of premises; the installation or replacement of electric fixtures or F• -1 s equipment; the lowering of ceiling; the installation and replacement of floor coverings; the replacement of furniture and equipment, and other similar changes, nor to any non structural remodeling of a fermented malt beverage licensee's premises where the remodel does not expand the existing area Gov,: nment Services designed for the display or sale of fermented malt beverage products. internal Revenue Service Labor and Empleyrnent B. In making its decision with respect to any proposed changes, alterations or L, c l Governr e is modifications, the licensing authority must consider whether the premises, as -3 _)n changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer codes and the Regulations promulgated thereunder. ' Factors to be taken into account by the licensing authority include, by way of Directory illustration but not limited to, the following: i= 1. The reasonable requirements of the neighborhood and the desires of the ° adult inhabitants.. 2. The possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement. http: /www.revenue.state.co.us/liquor dir/wrap.asp?incl=colregcode/47302 3%12r2005 Colorado Department of Revenue Page 2 of 2 3. Compliance with the applicable zoning laws of the municipality, city and county or county. 4. Compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college, university, or seminary. 5. The legislative declaration that the Colorado Liquor and Beer Codes are an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state. C. If permission to change, alter or modify the licensed premises is denied, the licensing authority shall give notice in writing and shall state grounds upon which the application was denied. The licensee shall be entitled to a hearing on the denial if a request in writing is made to the licensing authority within fifteen days after the date of notice. D. This regulation shall not be applicable to the holder of a manufacturer's license as specifically defined in C.R.S. 12-47-402. David F. Dechant, Senior Director Matt D. Cook, Division Director 2..3..+., Ti3t' State tPomCc`CJca,.'.t) i`Pii"Yii: http:/,' www.revenue.state.co,uslliquor d1rAvrap.asp? incl=colregcode/47302 31%11'2005 Colorado Deparhnent of Revenue Page 1 of David F. Dechant, Senior Director Matt D. Cook, Division Director About Us.... . Se rvices.... -j ySections.... Regulation 47-301. Undue Concentration of licenses. ' A. For purposes of determining if the issuance of a new tavern or retail liquor store license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources, the state or local licensing authority may consider factors, including. ak in but not limited to: 1. Whether the ratio of the number of tavern or retail liquor store licenses within I- L ins the county's of the neighborhood to be served where application has been made to the county's population exceeds the ratio of the statewide number of t ice Locations licenses of the same class to the state population; Opinions and Position Staten,erits 2. Whether the ratio of the number of tavern or retail liquor store licenses within Fees.onsible Vendors the census tract or census division in the neighborhood in which the applicant Tc ` E. orcement premises are located to the population of the census tract or division exceeds the ratio of number of licenses of the same class in the county or municipality to the population of the county or municipality where application has been made; 3. The distance between the applicant premises and the premises of other F. holders of the same class of license; For 4. Published data concerning the concentration of tavern or retail liquor store Lict mits licenses and its effect on the need for law enforcement resources; and Other ..t~<<:LOU` Links PUb=,u. ins & Info 5. Testimony concerning the use of law enforcement resources by law enforcement officials with the responsibility for enforcing state or local law in the area in which the applicant premises are located. Aces B. For purposes of this regulation: In: i ,ue Service 1. The number of tavern and retail liquor store licenses within a given area shall Labor and r3tc3yt„ent be as published by the state licensing authority; Local Governiits Property a-i J,.,ri 2. The population shall be the estimate published by the most recent United c,',.,tnry of States decennial or special census (for state, census tract, and census division rT€ lp.nhm, Directory data) or the most recent estimates published by the Department of Local Affairs (for county and municipal data). 3. "Neighborhood" shall be that area as required pursuant to 12-47-312(2)(a) C.R.S. http:/.vvww.reventie.state.co.usi'liquor_dir/wrap.asp?inel=colregeodc/47301 3/12/2005 ORDINANCE NO. 05- AN ORDINANCE AMENDING CHAPTER 5.08, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO THE MODIFICATION OF LICENSED PREMISES AND UNDUE CONCENTRATION OF LICENSES BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Subsection (b) of Section 5.08.070, Chapter 5.08 of Title 5, Avon Municipal Code, is amended to provide as follows: (b) The burden of proof in an application for a new license, for the modification of licensed premises or for the transfer of an existing license shall be upon the applicant. The burden of proof in any proceeding to revoke or suspend a license shall be upon the Town or the party seeking revocation or suspension. In a renewal hearing there shall be no presumption or burden of proof, unless and until such time as some unfavorable testimony or exhibit is received, at which point the burden shall become that of the licensee to demonstrate by a preponderance of the evidence that the license should be renewed. Meetings and hearings of the Local Licensing Authority may be adjourned or continued to such other tunes as may be suitable and reasonably convenient for the parties involved. Section 2. Amendment. Section 5.08.130, Chapter 5.08 of Title 5, Avon Municipal Code, is amended by the addition of a new Subsection (c) to provide as follows: (c) For purpose of determining if the issuance of a new tavern or retail liquor store license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources, the Local Liquor Licensin4 Authority may consider factors, includin4, but not limited to: (1) The ratio of the number of tavern or retail liquor store licenses in the Town of Avon to the population of the Town of Avon, compared to the ratio of the number of tavern or retail liquor store licenses in Eagle County to the population of Eagle County. (2) The distance between the premises of the applicant and the premises of other holders of the same class of license. (3) Published data concerning the concentration of tavern or li uor store licenses and its effect on the need for law enforcement resources; and (4) Testimony concerning the use of law enforcement resources by law enforcement officials with the responsibility for law enforcement in the Town of Avon. Section 3. Amendment. Subsections (c) and (d) of Section 5.08.130, Chapter 5.08 of Title 5, Avon Municipal Code, are relettered to be Subsections (d) and (e). Section 4. Amendment. Section 5.08.150, Chapter 5.08 of Title 5, Avon Municipal Code, is renamed Modification of licensed premises and changes in location, ownership or manager and Subsection (a) is amended to provide as follows: (a) To achieve a modification of licensed premises or a change in the location of a licensed outlet, the applicant shall submit all forms and material required by the State Liquor Enforcement Division, a fee to the Town of five hundred dollars ($500.00) for actual and necessary expenses incurred in connection with processing the application, and any additional materials as reasonably required by the Town Attorney, Town Clerk or Police Chief, as well as any information, testimony or documents required by the Local Liquor Licensing Authority. In making its decision with respect to a modification of licensed premises or a change in the location of a licensed outlet, the Local Liquor Licensing Authority shall take into consideration the reasonable requirements of the neighborhood and the desires of adult inhabitants. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 22nd day of March, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 12th day of April, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 12th day of April, 2005. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: STREET NAMES DATE: March 15, 2005 Since the last Council meeting, at which you declined to change "Buck Creek Road" to "Mountain Star Boulevard," there has been some further discussion about street names and the regulation of their. There is therefore submitted to you an ordinance amending the Town's subdivision regulations to establish criteria for street names. The Town's subdivision regulations currently require that street names be approved by Council but only that they be "consistent with the surrounding areas." I do not recall the Council ever taking a position with respect to street names and believe that the naming of streets has defaulted to developers. The criteria contained in the ordinance are based on my own thinking and my review of other street names in the area. Norm Wood has reviewed the ordinance and feels that it addresses the issue adequately. Jwd:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 05-02 SERIES OF 2005 AN ORDINANCE AMENDING SECTION 16.40.130, MUNICIPAL CODE OF THE TOWN OF AVON, RELATING TO STREET NAMES COLORADO: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Section 16.40.130, Chapter 16.40 of Title 16, Avon Municipal Code, is amended to provide as follows: Names of streets shall be subject to the approval of the Town Council and shall be consistent with the following criteria: (a) Names shall relate to the following: (1) The history of the state, the Town and the area, including persons associated with that history. (2) Skiiing and the history of skiing. (3) Local wildlife. (4) Local geography, including creeks, lakes and mountain peaks. (5) The American West, particularly including farming, ranching and native American culture. (b) Names of living persons are discouraged. (c) Names shall be consistent with the surrounding area, so as to avoid duplication with names of other streets in the Town and adjacent subdivisions of unincorporated Eagle County. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 22nd day of March, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 12th day of April, 2005, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 12th day of April, 2005. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ordinance No. 05-02 Street Names Page 2 of 2 I J~ L:4 I I me To: Honorable Mayor and Town Council. Thru: Larry Brooks, Town Manager From: Jeff Layman, Chief of Police Date: March 18, 2005 Re: Metcalf/Nottingham Loading and Delivery Summary: Last November, the Avon Town Council asked the staff to identify and address issues surrounding trucks stopping, backing and turning on Metcalf and Nottingham Roads, thereby interfering with other motorists. Although some evaluation is still underway, the staff has taken the following concrete measures: • Avon Police Department members surveyed the business operators in the area to try to get a sense of the scope of the problem. The survey found that approximately 35 tractor-trailer deliveries a week are made in the area. Further refining of the survey results put that number at between 20 and 30. • The police department arranged for a pair of meetings to which interested stakeholders were invited to discuss the problem and generate solutions. Avon Public Works, Community Development and Engineering Departments were also represented and provided expert analysis of the solutions that were suggested. • A "truck staging" area has been established on Nottingham Road in front of Pizza Hut. This will allow delivery drivers to contact their customers so action can be taken to clear delivery areas of parked cars and other materials so that truck maneuvering is easier. The road sign, initially installed parallel to traffic, has been turned to face traffic. • A uniform address program has been initiated in the area, which is intended to help delivery drivers find their destinations more easily. This will reduce the need for truckers to park in the road when searching for an address. The Community Development Department has directed that the address posts be installed adjacent to the access drive, and behind the ditchline (at property line and visible from the road when driving up from the intersection). The police department will work to gain the cooperation of each property owner to participate and we have proposed that the Avon Public Works Department manufacture and install the signs. PW will then bill each property owner less than $150. This will insure that our Uniform Address Program is uniform. • A brochure containing suggestions for business and property owners is being distributed to them. (See attached) • A "door-hanger" will be distributed to Wildridge and Wildwood residents asking them to be aware of problems in the area, to report them to police and suggesting ways for them to deal with the situation. (Rough draft attached) • Lines of communication between Town of Avon staff and business and property owners have been established. Town staff is encouraging them to take an active role in working toward solutions. Some have responded positively by being more attentive to delivery schedules, etc. Some have begun talking about plans to modify their private property. • Town of Avon staff members are continuing to collect data on the number of complaints received about traffic movements in the area. Since May of 2004, the Avon Police Department has received one "real time" report of a truck blocking traffic. Our recommendations for short-term future actions are as follows: • Establish a $20,000 fund, administered by the Town Manager, to address minor improvements on public property. This could be used to remove a tree, improve a grade, modify a ROW entrance, provide some road base, etc. It may also be used to fully implement the uniform address program. • Fund the brochure program with $2,200 to provide brochures for merchants, property owners, transport companies and residents. • Continue with our efforts to communicate frequently with merchants and property owners to understand their needs and how we can assist them in their efforts to comply with the recommendations developed in the community meetings and communicated with them by means of the brochure. • Beginning immediately, monitor progress of the program as measured by recording the number of citizen complaints to the police and number of tunes the police respond to or discover a truck blocking traffic. Report this information to the council regularly over the course of the several months. We would propose this program through June 30, 2005. We would report our findings to council at that time. If we believe that unsatisfactory conditions still exist, more aggressive measures can be applied. • Page 2 Previous Council Action: Avon Town Council members asked the staff to present options to the council, including the installation of a camera system to monitor the area and to gather data, illuminate to "delivery truck staging area" signs and to set 6/30/05 as a date in which formal monitoring would commence. Town Manager Larry Brooks was asked to review the progress of the program and to make any further recommendations. Discussion: As you are aware, ongoing concern has been expressed regarding the loading and delivery activities at businesses along Metcalf and Nottingham Roads. That concern has typically centered on the inconvenience imposed on other drivers who must stop to avoid trucks turning, backing or parking on or near the street. Another obvious concern is the safety of all motorists in the area. Town staff members have been working with stakeholders to resolve or reduce the scope of the concerns. We acknowledge that there is no "quick fix" for the underlying conditions that cause these concerns. Expanding businesses in the area combined with growing Wildridge and Wildwood populations have collided to reveal this concern. It will require effort on all of our parts to achieve a mutually acceptable solution. While complete eradication of the issue is not possible, reduction in the frequency and severity is achievable. We have also recognized this as an opportunity to address truck loading and delivery concerns and resolutions in all areas of Avon and will approach it in that manner.. Financial Implications: • $20,000 Truck Loading and Delivery Contingency Fund • $2,200 for the printing and mailing of brochures Recommendation: While admittedly minimal, staff believes that the above approach, based on personal contact and building relationships with businesses, has a good chance of succeeding. If it does not meet our expectations, more aggressive measures can be taken. • Page 3 Alternatives: • Metcalf Road Widening & Storm Drainage-Conceptual Cost Estimates The first estimate is for widening Metcalf Road to four, 11-foot lanes with curb, gutter and full storm drain system from Nottingham Road to Avon Auto Body. $6.445 Million The second estimate is for widening Metcalf Road to four, 11 foot lanes from Nottingham Road to the Evans Chaffee Building and to a three lane section with widening on the east side from the Evans Chaffee Building to the electric substation. $1.225 Million The widening in these areas also include a storm drain system through this area but does not include any other improvements as recommended in the Metcalf Road Preliminary Drainage Plan. While this widening will create a shoulder that trucks could park on, it may create significant problems with driveways and entrances to affected sites due to incompatible grades and inadequate space to make the needed grade adjustments. Also. some driveways are spaced close enough together that a truck parked to off-load at one property may block all access to another property. Basically these projects are based on paving R/W line to R1W line. These cost estimates should be considered as order of magnitude only as they are not based on even a conceptual level of design. See attached addendum for detail. • Closed Circuit Television System We are also in the process of estimating costs for the installation of TV Cameras that would tie into the proposed computer based monitoring and distribution system. These estimates were delayed to evaluate the impact of the electric substation on the wireless relay system. • Installation of "Trucks Blocking Traffic" signs Purchase and installation of these signs will cost approximately $330. Town Manager Comments: 0 Page 4 Addendum Stormwater & Road Widening - Nottingham Road to 0451 Metcalf Road 87"x63" CMP Arch Pipe 24" CMP Concrete Drainage Structures Manholes 72-inch Pipe Collars Curb Inlets Curb & Gutter Excavation, Embankment & Grading MSE Retaining Walls Asphalt Milling & Removal Utility Relocates Aggregate Base Course Asphalt Widening Asphalt Overlay Signage & Striping Traffic Control Construction Staking Mobilization & Bonding 2500 LF @ $ 500.00 3500 LF @ $ 50.00 6 @ $ 50,000 6 @ $ 20,000 15 @ $ 3,000 25 @ $ 10,000 5,000LF @ $ 20.00 Lump Sum Lump Sum 62,500 SF @ $ 1.00 Lump Sum 2,500 CY @ $ 40.00 2,100 Tons @ $ 75.00 2,100 Tons @ $ 60.00 Lump Sum Lump Sum Lump Sum Lump Sum $ 1,250,000 175,000 300,000 120,000 45,000 250,000 100,000 100,000 150,000 62,500 100,000 100,000 157,500 126,000 20,000 250,000 150,000 350,000 Total Estimated Construction Cost Surveying, Mapping & Design Lump Sum Right-of-Way & Easements Lump Sum Surveying, Appraisals & Legal Lump Sum Project Administration & Quality Control Lump Sum Contingencies @ 25% Total Estimated Project Cost Current Capital Projects Fund 5-Year Plan Metcalf Road Drainage 2006 2007 Metcalf Road Improvements 2008 Total Current Project Budget $ 3,806,000 $ 570,000 300,000 80,000 400,000 1,289,000 $ 6,445,000 $ 285,000 1,517,000 1,000,000 $ 2,802,000 0 Page 5 Stormwater & Road Widening - Lower Metcalf Road - Substation to Nottingham Road Only 24" CMP Concrete Drainage Structures Curb Inlets Curb & Gutter Concrete Cross Pans Excavation, Embankment & Grading MSE Retaining Walls Asphalt Milling & Removal Utility Relocates Aggregate Base Course Asphalt Widening Asphalt Overlay Signage & Striping Traffic Control Construction Staking Mobilization & Bonding 1450 LF @ $ 50.00 1 @ $ 10,000 10 @ $ 10,000 1,550 LF @ $ 20.00 12 Each @ $1000 Lump Sum Lump Sum 10,000 SF @ $ 1.00 Lump Sum 350 CY @ $ 40.00 700 Tons @ $ 75.00 760 Tons @ $ 60.00 Lump Sum Lump Sum Lump Sum Lump Sum $ 72,500 10,000 100,000 31,000 12,000 30,000 25,000 10,000 30,000 14,000 52,500 45,600 8,000 80,000 18,000 81,400 Total Estimated Construction Cost Surveying, Mapping & Design Lump Sum Right-of-Way & Easements Lump Sum Surveying, Appraisals & Legal Lump Sum Project Administration & Quality Control Lump Sum Contingencies @ 25% Total Estimated Project Cost $ 620,000 $ 70,000 160,000 40,000 90,000 245,000 $ 1,225,000 0 Page 6 Me o To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: March 17, 2005 Re: Marcin Engineering LLC - Topographic Survey and Engineering Design Services Proposal - Surface Transportation Center Summary: The attached Request for Proposals for Topographic Survey and Engineering Design Services was transmitted to seven engineering firms. We received three proposals in response to the Request. The three Proposals received were: Marcin Engineering LLC $ 10,650.00 Felsburg, Holt & Ullevig $ 21,858.00 Inter-Mountain Engineering, Ltd. $ 35,500.00 Following review of these Proposals, we recommend the Town Council accept the attached proposal from Marcin Engineering LLC in an amount not to exceed $ 10,650.00 for the topographic survey and design services described in the Proposal and in accordance with the Request for Proposals with the following conditions: subject to the following change to Compensation in the proposal: Change to provide "Marcin Engineering LLC will perform the aforementioned services on our then current hourly rates. Work not included in this proposal, upon written agreement of the Town of Avon, will be considered an additional service and you will be billed based on our then current hourly rates." and subject to the following changes to the Standard Terms and Conditions: 1. USE OF REPORTS, DRAWINGS, ETC.: Change to provide, "Upon payment of all amounts owing to Marcin, all letters, reports, drawings, specifications, photographs, test data, notes and other work product it has created shall be delivered to and thereafter be owned by client" and delete remaining parts of that paragraph. 2. CLIENT DUTIES: Delete "Client agrees to render reasonable assistance as requested by Marcin so the performance of the services under this Agreement may proceed without delay or interference." 3. SUSPENSION OF SERVICE: Change second paragraph to provide "Either the Client or Marcin may terminate this Agreement at any time with or without cause and without notice. Within fifteen (15) calendar days of termination, the Client shall pay Marcin for all services and costs actually used by the Client up to the date of termination, in accordance with the compensation provisions of this contract, and, as a condition to payment, Marcin shall deliver to the Client all letters, reports, drawings, specifications, photographs, test data, notes and other work product it has created." 4. SUBPOENAS AND COURT ORDERS: Delete "attorney fees." 5. BILLING TERMS: Delete "Agents of the client who engage Marcin are also responsible for payment of all charges unless Marcin agrees otherwise in writing prior to the time that the charges are incurred." in the second paragraph. Ruth Bourne has verbally confirmed by phone that these conditions are acceptable to Marcin Engineering LLC. Discussion: The Request for Proposals is based upon design and construction of a Transportation Center that will provide the additional capacity currently needed while freeing up the current location to allow the Town to proceed with development and implementation of the Town Center Plan and the Main Street concept. This project is anticipated to be the First Phase of the Transportation Center and that it will be further modified and improved at a later date in conjunction with development of the Town Center Plan. The Request for Proposals for Topographic Survey and Engineering Design Services was prepared and distributed in response to the attached schedule for site acquisition, design and construction of a Transportation Center on a portion of the Avon Town Square property. This schedule calls for completion of design and construction documents prior to the anticipated Immediate Possession Hearing date of June 13, 2005. This schedule would allow the project to go out to public bid and with construction complete by the end of September of this year. Financial Implications: This project is currently budgeted at $ 2,000,000 in the Capital Projects Fund 5-Year Plan and Capital Projects Fund Budget. This budget is generally comprised of. Land Acquisition $ 970,000 Design & Construction 1,030,000 Total Estimated Cost $ 2,000,000 The cost of these services as well as the First Phase of construction is well within the current budget. Recommendation: Approve Proposal for Topographic Survey and Engineering Design Services for Surface Transportation Center as submitted by Marcin Engineering LLC in an amount not to exceed $ 10,650.00 with the following conditions: subject to the following change to Compensation in the proposal: Change to provide "Marcin Engineering LLC will perform the aforementioned services on our then current hourly rates. Work not included in this proposal, upon written agreement of the Town of Avon, will be considered an additional service and you will be billed based on our then current hourly rates." (:AEngineeringyCIP\Trarnsportation Center\2.0 Contract Services\RFP Memo.Doc Page 2 and subject to the following changes to the Standard Terms and Conditions: & USE OF REPORTS, DRAWINGS, ETC.: Change to provide, "Upon payment of all amounts owing to Marcin, all letters, reports, drawings, specifications, photographs, test data, notes and other work product it has created shall be delivered to and thereafter be owned by client" and delete remaining parts of that paragraph. 7. CLIENT DUTIES: Delete "Client agrees to render reasonable assistance as requested by Marcin so the performance of the services under this Agreement may proceed without delay or interference." 8. SUSPENSION OF SERVICE: Change second paragraph to provide "Either the Client or Marcin may terminate this Agreement at any time with or without cause and without notice. Within fifteen (15) calendar days of termination, the Client shall pay Marcin for all services and costs actually used by the Client up to the date of termination, in accordance with the compensation provisions of this contract, and, as a condition to payment, Marcin shall deliver to the Client all letters, reports, drawings, specifications, photographs, test data, notes and other work product it has created." 9. SUBPOENAS AND COURT ORDERS: Delete "attorney fees." 10. BILLING TERMS: Delete "Agents of the client who engage Marcin are also responsible for payment of all charges unless Marcin agrees otherwise in writing prior to the time that the charges are incurred." in the second paragraph. Proposed Motion: I move to approve Proposal for Topographic Survey and Engineering Design Services for Surface Transportation Center as submitted by Marcin Engineering LLC in an amount not to exceed $ 10,650.00 with the attached amendment: Attachments: Exhibit "A" - Request for Proposals Exhibit "B" - Avon Transportation Center Schedule Exhibit "C" - Proposal - Marcin Engineering LLC Exhibit "D" - Conditions of Approval / Amendment to Proposal Town Manager Comments: t 1:AEnginee6ng\CIP\Transportation Center\2.0 Contract Services\RFP Merno.Doc i Page 3 EXHIBIT "A" REQUEST FOR PROPOSAL Topographic Survey and Engineering Design Services Surface Transportation Center Town of Avon, Eagle County, Colorado March 5, 2005 The Town of Avon is requesting proposals for Engineering Design Services including related Topographic Surveys for the design and preparation of construction documents for a Surface Transportation Center on portions of Lot 61, Benchmark Road, Potential Future Phase, Avon Town Square Commercial Condominiums, Lot 2, Phase II, Avon Town Square Subdivision, all in Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County Colorado. The Engineering Design Services will generally consist of providing the topographic survey and engineering design services as required to complete the site layout, design, construction documents and cost estimates for the construction of a reconfigured Benchmark Road and adjacent Surface Transportation Center. The transportation center design shall be such that it will accommodate five (5) forty-five foot buses at one time with each bus being able to enter and exit the center independently from all other buses. At least two loading spaces shall be configured such that a bus may enter the site coming from the East on Benchmark Road and exit back to the East on Benchmark Road. The Transportation Center Design shall incorporate sufficient passenger loading, unloading and circulation areas that are separated from vehicle circulation patterns. The design must also address ski and bicycle rack access by passengers. Benchmark Road reconfiguration shall maintain two-way vehicular and pedestrian traffic through the site as well providing access to the transportation center. The roadway design shall maintain existing access points to The Seasons. The final design and construction documents shall include all horizontal and vertical layout, grading, utility relocation, storm drainage and a shelter compatible with the location and surrounding development. This project is expected to be an interim project and should be designed to utilize the existing grading and pavement to the maximum extent possible consistent with good design principles for the facilh),% The proposed project location is shown on the attached drawing (Exhibit A) General design criteria is Benchmark Road Reconfiguration Design Criteria: 1. Right-of-Way Width (Minimum) 50 Feet 2. Sidewalk Width Match Existing 3. Curb & Gutter Width (south side) 2 '/2 Feet 4. Pavement Width 2 - twelve foot driving lanes Transportation Center: Bus Loading/Unloading Spaces (Minimums Unless Otherwise Noted); 1. Number 5 2. Inside Turning Radius (Maximum) 25' 3. Outside Turning Radius (Wheel) 50' 4. Outside Turning Radius (Overhang) 56' 5. All spaces must function independently without stacking. 1:AEngineering\C[P\Transportation Center\2.0 Contract Services\RFP Design & Survey.Doc 1 The topographic survey and map shall generally conform to: The topographic survey shall meet national mapping standards for mapping at a scale of 1-inch equals 10 feet with 1-foot contour intervals. Survey mapping shall be drafted on Mylar at scale of 1-inch equals 20 feet and a digital copy of all survey data and drafting shall be provided to the Town along with the Mylar copy. At least two permanent vertical and horizontal control points shall be established in the survey area and shown on the map. Vertical control points shall be referenced to USGS Datum. Please respond to this Request for Proposal as follows: 1. All completed proposals shall be submitted to the Town Engineer at: Town of Avon % Norman Wood, Town Engineer P.O. Box 975 400 Benchmark Road Avon, CO 81620 All proposals must be received by 5:00 PM local time, March 14, 2005. 2. The proposal shall be for all surveying and engineering design services as required for the above described project. 3. Proposals shall include resumes of selected individuals that will be working on the project both as field and office personnel and supervisors. Pertinent Colorado Professional Licenses and Certifications shall be included. 4. Proposals shall contain a detailed description of services proposed at a base fixed cost and a rate table including, but not limited to, hourly fees, reimbursable unit costs, and company policy for billing travel time and or mileage. Proposal shall also include a detailed project schedule identifying steps and completion dates for each. The schedule should be based on acceptance of proposal at the March 22, 2005 council meeting and be generally consistent with the following anticipated project schedule: a) Design Proposal Acceptance by Council 3/22/05 b) Topographic Survey & Mapping Complete 4/22/05 C) Conceptual Layouts & Design to Staff 5102105 d) Conceptual Layouts & Design to Council 5110105 e) Final Design, Construction Document & Costs 6/10/05 f) Advertise for Bids - Beginning 6/16/05 g) Bid Opening 7/08/05 h) Award Contract 7/26/05 i) Construction 8/08/05 - 9/16/05 Please note that the June 10, 2005 completion date for Final Design, Construction Documents and Cost Estimates is extremely critical to the Town. I:AEngineering\CIP\Transportation Center\2.0 Contract Services\RFP Design & Survey.Doc 2 6 The following should be noted in response to this request for Proposal: The Town of Avon is an equal opportunity employer, and complies with the requirements of the American with Disabilities Act wherever pragmatically possible. The Town of Avon reserves the right to reject any and all proposals, to waive any irregularities, and to make an award in such manner as they may deem right and proper for the best interest of the Town of Avon. Questions concerning this proposal should be addressed to Norman Wood at 970-748-4045 or at the above address. Please note that answers to questions asked by a participant will not be distributed to the other respondents. Thank you for your time and efforts in response to this request. Sincerely, Norman Wood, P.E. Town Engineer I:AEngineering\CIP\Transportation Center\2.0 Contract Services\RFP Design & Survey.Doc J ` , U~ 1 d, , -jr- i t t 01 9m~ \ J 3r. \ t ,J J ; j Avon Transportation Center - Avon Town Square ID I Task Name Duration Start Finish Predec Resource Names Milestone: No 162 days Fri 2/4105 Mon 9119105 1 Notice to Acquire 1 day ' Fri 2/4/05 Fri 2/4/05 Larry 2 Resolution-Public Purpose 1 day Tue 2/22/05 Tue 2/22/05 1 Council 3 Prepare RFP 3 days - Thu 3/3/05 Mon 3(7/05 Norm 4 ATS Response Due 1 day Tue 3/8/05 Tue 3/8/05 2 ATS 5 RFP Survey & Design 5 days Tue 3/8(05 Mon 3/14(05 3 Surveyor & Engineer 6 Evaluate Proposals 3 days , Tue 3/15105 Thu 3/17/05 5 j Norm 7 8 9 - A pprove Proposal 1 day ~ C File Condemnation Petition 1 day ~ Topographic Survey j 20 days Tue 3/22/05 Mon 414/05 Wed 3/23/05 Tue 3(22105 ~ Mon 4/4105 Tue 4/19/05 6 4 7 1 Council J. Dunn Surveyor j 10 Conceptual Layout & Design j 9 days Wed 4/20/05 ; Mon 5/2(05 9 Engineer 11 Council Review 1 day Tue 5/10/05 Tue 5/10/05 10 Council 12 ~ Design & Construction Docs 23 days Wed 5111/05 i Fri 6110/05 9 - Engineer 13 Possession Hearing 1 day Mon 6/13!05 Mon 6113/05 8 J. Dunn 14 Advertise for Bids 11 days Thu 6/16105 Thu 6/30/05 ( 12,13 Norm 15 Bid Opening 1 day ' _Fri 7/8/05 Fri 7/8(05 14 oN rm 16 J Evaluate Bids 7 days Mon 7/11/05 Tue 7/19/05 15 Norm 17 Award Contract 1 day - Tue 7/26/05 Tue 7/26/05 16 Council 9 Execute Contract Document 7days ol y t - - Wed 7/28/05;! / Wen 8/5105 ; F 5 17 ; 1 Norm - Contractor & Norm 11 20 Notice to Proceed 1 day! - Mon 8/8/05 Mon 8/8/0 19 - --1 Norm 21 Construction _ 30 days Tue 8/9/05 Mon 9(19/05 20 Contractor Page 1 S MARCIN ENGINEERING LLC March 14, 2005 Norman Wood Town of Avon P.O. Box 975 400 Benchmark Road Avon, CO 81620 RE: Professional Civil Engineering and Land Surveying Services Surface Transportation Center - Town of Avon, CO Dear Norm: AR 14 M5 Community Development We are pleased to present the following proposal for Professional Civil Engineering and Land Surveying Services for Surface Transportation Center in Avon, Colorado. The scope of work for each of these areas will be as set forth in the Town of Avon Request for Proposal dated March 7, 2005. Marcin Engineering will provide the following services under the lump sum fee: Topoeranhic Survey: Conduct survey of the stated areas with all existing conditions noted. Lump Sum Fee: $750 Enizineerine Design Services: Prepare conceptual layouts and design to present to Town of Avon staff. Revise drawings per staff comments. Prepare conceptual layouts and design to present to Town Council. Make revisions per Town Council comments. Create a set of Construction Drawings. Lump Sum Fee: $8,900 Engineer's Opinion of Probable Cost: Create Engineer's Opinion of Probable Cost to perform the scope of work put forth in the Construction Drawings and Specifications. Lump Sum Fee: $1,000 Total Lump Sum Fee: $10,650 The project schedule outlined in the Town of Avon Request for Proposal dated March 7, 2005 can be met. There are no anticipated reimbursable costs for this project. Compensation Marcin Engineering LLC will perform the aforementioned services on our then current hourly rates schedule. Work not specifically described in this proposal will be considered an additional service and you will be billed based on our then current hourly rates. Agreement Standard Terms and Conditions are part of this proposal and are enclosed for your review. We will be available to discuss this estimate with you in more detail if you desire. If you would like us to proceed with this work and agree to the Terms and Conditions, please sign on the space provided below on both copies and return one copy for our authorization to proceed. Sincerely, MARCIN ENGINEERING LLC //'-'Pa'ul Anderson, El Accepted By: Signature: Title: - Date: PO Box 1062, Avon Colorado 81620 (970) 748-0274 q m c 'i c c W C U L t6 2 61 7 N L U N U N O L a L m c a~ U c 0 0 a c m LD MARCIN ENGINEERING LLC STANDARD TERMS AND CONDITIONS These Standard Terms and Conditions shall continue in full force and effect during, as well as after, the completion or termination of Marcin Engineering, L.L.C.'s (Marcin) employment. These Standard Terms and Conditions shall control any conflicting term or condition unless Marcin shall agree in writing. PERFORMANCE Marcin and its employees will exercise the degree of skill and care expected by customarily accepted practices and procedures. No warranties, expressed or implied, are made with respect to Marcin's performance, unless agreed to in writing. Marcin is not a guarantor of the project to which its services are directed, and its responsibility is limited to work performed for the client. Marcin is not responsible for acts or omissions of the client, nor for third parties not under its direct control. Marcin shall not be liable for any reason for any special, indirect or consequential damages including loss of use and loss of profit. Marcin may rely upon information supplied by the client engaging Marcin, or the contractors or consultants involved, or information available from generally accepted reputable sources, without independent verification. Marcin services are being performed solely for client benefit and no contractor, subcontractor, supplier, consultant, or other third party shall have any claim against Marcin as a result of its services. Marcin shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and safety programs in connection with the project, since these are solely the responsibility of others. Marcin shall not be responsible for the contractor's schedules or failure to carry out the project in accordance with contract documents. Marcin shall not have control over or charge of acts or omissions of the contractor, subcontractor, or their agents or employees, or of any other non Marcin persons performing portions of the project. Marcin shall not be liable to client for any loss, liability, cost, damage or expense arising out of the delay or failure to render services under this Agreement where such a delay or failure arises by reason of legislative, administrative or government prohibition, fire, weather conditions, hostilities, civil disturbances, labor or industrial disputes, inability to secure labor, acts of God or any other event beyond the reasonable control of Marcin, in which event either party may terminate that portion of the services under this agreement not yet completed, and Consultant shall have no further liability to client therefore. A change authorization extending the time to perform and stating an appropriate fee adjustment may be elected by mutual agreement of the parties hereto as an alternative to termination. USE OF REPORTS, DRAWINGS, ETC. Marcin retains ownership of letters, reports, drawings, specifications, photographs, test data, notes and other work product it has created. These documents or part thereof may not be reproduced in advertisements, brochures, or sales material, nor used by the client for any purpose other than the purpose for which they were prepared, nor by third parties, without the written permission of Marcin. If the client requests our work product be stored by some form of electronic media (i.e. CAD, word processor, spread sheets, etc.), the client agrees that Marcin shall not be held liable for the completeness, accuracy or longevity of these materials. PROPOSALS Proposals expire 30 days after submission to a client unless a different expiration limit is included in the proposal. Marcin may withdraw or modify a proposal at any time prior to acceptance by the client. All fees and expenses quoted in proposals or stated in invoices are exclusive (net) of local or county excise and other business or business license taxes. The client represents it is aware of all such taxes and shall be responsible to reimburse Marcin upon presentation by Marcin of the cost of such taxes by and invoice within one year of completion of services. CLIENT DUTIES In order for Marcin to perform the services requested, the client shall, at no expense to Marcin, provide all necessary information regarding client's requirements as necessary for orderly progress of the work. Client will immediately transmit to Marcin any new information concerning the project that becomes available to it, either directly or indirectly, during the performance of this Agreement. Client agrees to render reasonable assistance as requested by Marcin so the performance of the services under this Agreement may proceed without delay or interference. Marcin will not be liable for any advice, judgment or decision based on inaccurate or incomplete information furnished by Client or others engaged by or for the Client. SAFETY Fieldwork of Marcin will be performed only under conditions deemed safe by our personnel. Charges may be made for safety or security measures required by hazardous job conditions. Marcin is not responsible for the safety of other persons or property. PO Box 1062, Avon Colorado 81620 (970) 748-0274 1~ SUSPENSION OF SERVICES If the client fails to make payment when due Marcin for services and expenses, Marcin may, upon seven days' written notice to the client, suspend performance of services under this Agreement. Unless payment in full is received by Marcin within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, Marcin shall have no liability to the client for delay or damage caused the client because of such suspension of services. Either the Client or Marcin may terminate this Agreement at any time with or without cause upon giving the other party ten (10) calendar days prior written notice. The Client shall within fifteen (15) calendar days of termination pay Marcin for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this contract. FIXED PRICE CONTRACTS Where Marcin and the client have agree to a fixed price contract, the following terms and conditions are specifically excluded: Time Charges, Expenses, Equipment Usage, Affiliated Consultants, and Subcontracted Services. Progress payments will be made monthly as a percent of completion unless otherwise arranged with the client. Other stated billing terms remain in effect. Any work request by the client not defined in the Scope of Work is deemed additional work and shall be invoiced on a time and material basis accordance with the fee schedule shown below. STANDARD HOURLY RATES Principal $135 per hour Licensed Engineer/Surveyor $120 per hour Project Engineer/Surveyor $95 per hour Design Engineer $75 per hour Senior Survey Technician $75 per hour Survey/Engineering Technician $55 per hour Office Technician $45 per hour Survey Crew (2-man) $135 per hour GPS equipment $55 per hour Public Meetings, Court Testimony $240 per hour TIME CHARGES Time charges are accrued on an hourly basis, unless other arrangements are established. Minimum time charges of personnel is 2 hours for weekend work. Billing rates may be increased annually, after notification to the client. EXPENSES Public transportation, subsistence and out-of-pocket expenses incurred during travel, communications, reproduction and shipping charges will be billed at cost plus 10% (invoiced as an expense service fee.) Expended materials for field and laboratory investigations, rental equipment, consultants, and fees advanced on client's behalf will be billed at cost plus 10% (invoiced as and expense service fee.) Company or personal vehicles $0.35 per mile Clients may be charged for the cost of providing copies of receipts or detailed "back-up" information concerning expenses. SEVERABILITY If any provision of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remaining provisions shall continue in full for and effect. SUBPOENAS AND COURT ORDERS The client is responsible, after notification, for payment of time charges, attorney fees and other expenses resulting from a required response to subpoenas or court orders issued at the request of any party concerning any part of our work. Charges are base on billing rates in effect at the time of our response. BILLING TERMS The firm or individual engaging Marcin is responsible for payment of charges unless Marcin is notified in writing, prior to the time that the charges are incurred, that the engagement is on behalf of another party. Accumulated charges will be billed in approximately monthly intervals. State and local sales and use tax will be included in the billing if applicable. Payment in full is due upon receipt of the invoice. Invoices which are unpaid 30 days form the invoice date are considered past due and subject to an interest charge at the rate of 1,,~% per month (or at a lower maximum legal rate) plus related attorneys' fees and collection expenses. The client is responsible for payment of all charges. Agents of the client who engage Marcin are also responsible for payment of all charges unless Marcin agrees otherwise in writing prior to the time that the charges are incurred. PO Box 1062, Avon Colorado 81620 (970) 748-0274 11/ STATE OF COLORADO Department of Regulatory Agencies Division of Registrations ACTIVE PRINTED ON SECURE PAPER PROFESSIONAL ENGINEER 32492 I 02/01/2004 01/31/2006 Number Issue Date Expires Thomas S. Marcin AVON, CO 81620 Cron t. .n l~ R• 1'` 1 1 i t: 1~ FRDI,1: [,PRCIN ENGINEERING L 970-3c8-1901 TO; 7489021 To Remove Document Fold and Tear Along This Perforation v STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES DIVISION OF REG. I.STRATION$ ` t~t~ l> :r RS AND NI} S 'R~7QRS ` I , 3c f3` 01/01/2003 1 00 a(REGTO 1{ DIVISION F R ISTRATIONS Num6itSSUEP E'S(RIR~S 1 MA`i"T'i E,W SCOTT SLAGLE P O BOX 751 EAGLE CO 81631 f i LICENSEE'S SIGNATURE q, '~Uc1 r. i FROf'I: I'1ARCIN ENCINEERIhJL~ L ~7 0-328- 19t01 Fu: STATE OF COLORADO Department of Regulatory AQ.~ncics Division of ReQistratlQns ACTIVE PkillTEp ON SECURE, PAPER PROFF-t 51CDNAL LAND SURVEYOR 22589 1 07/01/004 0~13012Q06 Number 1 15sue Date Expires I I :~tephen Robert W ujoK `EAGLE, CO 81631 actor r Signature `6 EXHIBIT "D" Conditions of Approval / Amendment to Proposal subject to the following change to Compensation in the proposal: Change to provide "Marcin Engineering LLC will perform the aforementioned services on our then current hourly rates. Work not included in this proposal, upon written agreement of the Town of Avon, will be considered an additional service and you will be billed based on our then current hourly rates." and subject to the following changes to the Standard Terms and Conditions: I . USE OF REPORTS, DRAWINGS, ETC.: Change to provide, "Upon payment of all amounts owing to Marcin, all letters, reports, drawings, specifications, photographs, test data, notes and other work product it has created shall be delivered to and thereafter be owned by client" and delete remaining parts of that paragraph. 2. CLIENT DUTIES: Delete "Client agrees to render reasonable assistance as requested by Marcin so the performance of the services under this Agreement may proceed without delay or interference." 3. SUSPENSION OF SERVICE: Change second paragraph to provide "Either the Client or Marcin may terminate this Agreement at any time with or without cause and without notice. Within fifteen (15) calendar days of termination, the Client shall pay Marcin for all services and costs actually used by the Client up to the date of termination, in accordance with the compensation provisions of this contract, and, as a condition to payment, Marcin shall deliver to the Client all letters, reports, drawings, specifications, photographs, test data, notes and other work product it has created." 4. SUBPOENAS AND COURT ORDERS: Delete "attorney fees." 5. BILLING TERMS: Delete "Agents of the client who engage Marcin are also responsible for payment of all charges unless Marcin agrees otherwise in writing prior to the time that the charges are incurred." in the second paragraph. \~e 1' I l ~_1.J1!J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Meryl Jacobs, John Curutchet Date: Thursday march 17, 2005 Re: Group Cycling Summary: Council has asked for information on group cycling at the Avon Recreation Center. Listed below are Vail Valley Recreation Provider's cost for spin classes: Vail Athletic Club Membership Options, Spin Included: $35.00 a day 5 punch $150.00 10 punch $250.00 $150.00 initiation fee and $120.00 a month Vail Raquet Club Membership Cascade Club Membership Options, Spin Included: Options, Spin Included: $120.00 annual fee and $80.00 $150.00 initiation fee, and Der month 8125.00 Der month. Homestead Club Membership Options, Spin Included: $250.00 initiation and $92.50 per month Allegria Spa Spin Options: $20.00 per class Vail Recreation District and Western Eagle County Metropolitan Recreation District do not offer spin classes. Previous Council Action: Council has requested more information on leasing the bicycles, comparing what other recreation providers are doing, and how the Avon Recreation center will manage the program Discussion: A lease program would enable the Recreation Center to show a profit each year of the program. At the end of the five year term, we would own the cycles and have the opportunity to keep them or trade them in for a credit of $125.00 each towards new equipment. Staff recommends offering a 20-use punch card for $100.00. This card would be separate from regular admission and would be specific to times and dates of the spin program only. Staff feels a fee above general admission is fair and consistent with many of our other 0 page 1 specialty classes that require registration and pre-payment. $5.00 per class cost is very equitable, and with only 9 bikes available, classes should be in high demand. Recommendation: Staff recommends pursuing a lease program. The lease would require a $1,674.00 increase for bikes and a $3,040.00 increase for part time salaries for the remainder of 2005. The projected revenue from the program this year would be $6,840.00. 2005 expense: $4,714 2005 Revenue: $6,840 Net Revenue: $2,126 Town Manager Comments: 0 page 2 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 8, 2005 A regular meeting of the Town of Avon, Colorado was held at 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 6:30 PM. A roll call was taken and Council members present were Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Asst. Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Finance Director Scott Wright, Police Chief Jeff Layman, Town Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works / Transit Director Bob Reed, and Community Development Director Tambi Katieb as well as members of the press and public. Citizen Input Police Chief Jeff Layman acknowledged and thanked Police Officer Mike Lundblade and Detective Mike Leake for their commitment to police work reflected by the awards they will be receiving from the Eagle County Public Safety Council. He spent a few minutes explaining the situation the officers were involved with at the Buffalo Ridge Project. Both officers would receive Distinguished Service Medals. Jeanette Hix, Canyon Run resident, presented an update on the restoration of Avon's waterwheel as well as some historical information on the waterwheel itself. The Colorado Historical Society has been notified and agreed to evaluate whether or not this location will receive a nomination to then see if it will receive funds to restore the site. The waterwheel will need an assessment by an archeologist; a grant is currently being written in order to receive this assessment. The application for the designation would be due in August and awards are made in November. Currently Canyon Run Homeowner's Association is serving as the non-profit sponsor on the application; she would prefer that that be the Town of Avon and offered some information for Avon to consider regarding the creation of a "historical preservation commission". This organization would then serve as the non-profit sponsor and provide a benefit by making it easier to receive future grant monies and preserve other locations in the Town of Avon. Council asked staff to follow-up with the Colorado Historical Society in order to become better informed about this process. Resolutions Scott Wright, Finance Director, presented Resolution No. 05-10, Series of 2005, A Resolution to amend the 2005 Budget. He noted that this budget amendment addresses the proposal to fund Channel 5 $10K for the purchase of capital equipment. He noted that staff's research of the Town's existing franchise agreement helped them discover that a provision exists for the Town to create a PEG Access Equipment Fund, funded by a surcharge of up to fifty cents ($.50) per subscriber, to be utilized solely for PEG access equipment and facilities. Funds granted under this provision must be allocated in accordance with an operating plan approved by the Town Council. The Town would be able to retain title to all PEG equipment provided with this funding. Discussion ensued about whether or not this billing was already in place, as an increase in rates was just noted by Comcast. Mayor Pro Tem Underwood was very concerned about implementing another fee. It was noted that there would either be an Eagle County surcharge or an Avon surcharge, but not both and that currently Avon is not paying either. The current rate of the franchise fee is 3% and generates about $40K per year in revenue. Some discussion ensued about obtaining a long-range plan from Channel 5 that would explain what improvements would be made and what quality improvements would be seen. Councilor Buckley indicated that Channel 5 could provide an annual financial report to Council, something that has not been done in the past. Finance Director Wright noted that further dialogue with Comcast is in order just to confirm the implementation of the PEG fee (possibly a 90 day notice per the franchise agreement). Some members were concerned about implementing this fee and asked for further discussion on this particular topic, separating out the funding of Channel 5 the $1 OK. It was noted that Town of Vail funded $1 OK and this is the only time that Channel 5 has requested funding for purchasing capital equipment. Councilor Sipes moved to approve Resolution No. 05-10, Series of 2005, A Resolution to amend the 2005 Budget as written. Councilor Phillips seconded the motion and it passed unanimously with a roll call vote. New Business Town Engineer Norm Wood presented the request from the Mountain Star Association to officially change the name of Buck Creek Road to Mountain Star Drive. He presented the procedure in which to do this, i.e. draft resolution and hold public hearing. Discussion ensued on how the name was changed in the first place. Jim Clark, Mountain Star Property Manager, provided some history as to when & how the name changed, sometime in 1994, he thought. Mayor Pro Tern Underwood expressed firm opposition to the request of changing the name, stating that the street name should remain the same as it is a geographic description and historical in nature to Avon. She further asked that Avon no longer name streets after developers or people related to developers. Other Council members concurred with her. The question posed to Council was "do you support changing the name of Buck Creek Road to Mountain Star Drive? With a roll call vote, the Council unanimously opposed changing the name. A request was made to staff to return with a written policy on naming streets in Avon. Liz Campbell, Director of Education & Community Outreach, and Jason Denhart, Development Associate, Bravo! Vail Valley Music Festival, presented a proposal, called Music Matters, on specific programming for the Avon community. This program is a year-round outreach initiative that enhances school music programs and further integrates the arts into our community, is an integral part of the Festival's service to the community as well as an investment in its continued success. Bravo! Representatives worked with Recreation Special Events coordinator Fraidy Aber to identify which special events would be a good venue for Bravo!'s participation. The Festival's outreach programs proposed included some of the following: ✓ Two afternoon Young Artists concerts at the Thunderbird Arts Festival and Notthingham Park July 16th & 17th concerts. ✓ Instrument petting zoo at 2 Avon events, cinema in the park & the fishing derby. ✓ Five "Live at the Library" performances ✓ Three Avon Elementary inc-classroom performances ✓ Some advertising benefits Funding for these programs were proposed at $10K. Town Manager Brooks indicated the funding would come from the General Fund Balance. Council was very supportive of the proposal and asked staff to bring a budget amendment to the next meeting. Other Business Town Manager Larry Brooks presented the information on the Tri-America Triathlon and the proposed Group Cycling Program (topics were slated for the work session agenda). Recreation Center staff has been working with Vail's Special Events Commission and the WCTB to explore the concept of combining Avon's High Country Triathlon with the TriAmerica Central Triathlon Series, which would take place over Labor Day weekend in Avon and Vail. At this point, staff would recommend that the events be combined, only if Avon would get name recognition in the event. Councilor Phillips noted that the Avon businesses really want an event for either Memorial or Labor Day Weekends. Regular Council Meeting Page 2 of 4 March 8, 2005 Town Manager Brooks then highlighted the information on the Group Cycling Proposal, a proposal to begin a spin class at the Recreation Center. Mayor Wolfe asked that staff present comparison information on costs of spin classes throughout Eagle County and then propose a competitive fee for the classes that recovers the expenditures. Discussion ensued over whether to lease or purchase the equipment, most council members preferred to lease the equipment. Finance Director Scott Wright commented that for the $10K expenditure involved, it might be more beneficial to just purchase and not have to go through the paperwork with a lease. Regardless of purchasing or leasing, the full amount of $10K will need to be appropriated. Council asked staff to review once more the scenarios, proposed fee schedules and a spin class comparison with area facilities. The Holiday Lighting Plan was included as a work session item and only one comment was raised regarding that topic. Assistant Town Manager Jacquie Halburnt was asked to include a new award called the "Mac" award for the most "elegant & tasteful lights". Mayor Wolfe summarized some of what has been written about the Town's Communication Plan. It was noted that "fact sheets" would be prepared on more significant communication issues. Some discussion ensued about using a "questions and answers" format to drafting press releases. All agreed that that approach might work, but it really must be evaluated on a case-by-case basis. Other suggestions were made as follows: to include pictures, use more descriptions of the town, include Town events in the Chamber events calendar, and be proactive about getting the press releases out - at least seven days prior to an event. Town Manager Report Town Manager Larry Brooks recognized Town Engineer Norm Wood for his efforts (and former Asst. Engineer Anne Martens) in obtaining an enhancement grant for the EagleBend Drive streetscape improvements. He asked if Council wanted to hold a special meeting next week to discuss transit. Their were mixed responses; a follow-up would be made providing different dates. Town Attorney Town Attorney John Dunn noted that the notice of appeal in the Cassidy's sales tax case was filed. A response would probably take at least 60 days or better. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Some discussion ensued about the improvements to be done on EagleBend Drive, whether or not trees will be cut down. Council members on EagleBend would like to see all the trees somehow saved, especially the ones recently planted by local neighbors. It was noted that the width of the lanes would likely be at about 11 feet. Discussion continued on the topic of trees - if the Town should proceed in consulting with an arborist regarding the large Chinese Elm tree on Nottingham Road to determine if it could be replanted at another location. The discussion led to whether or not the tree belonged to the Town or to the property owner. And finally discussion ended on the topic of the location of the bus stops, and whether or not there needed to be two stops. Councilor Sipes moved to adopt the consent agenda; Councilor Buckley seconded the motion and it passed unanimously. a. Minutes from February 15, 2005 Special Meeting b. Minutes From February 22, 2005 Meeting c. SonnenHalde Condominium Assn Reimbursement Request Nottingham Road Improvements- Easement Acquisitions d. EagleBend Drive Streetscape Improvements-Inter-Mountain Engineering Design Services Proposal Regular Council Meeting Page 3 of 4 March 8, 2005 There being no further business to come before the Council, the meeting adjourned at 8 PM. RESPECTFULLY SUBMITTED: APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting March 8, 2005 Patty McKenny, Town Clerk Page 4 of 4