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TC Council Packet 04-12-2005. rowN of AvoN~ co~oRADO ~.r REGULAR ~oUNGL MF~TING FoR Tu~sDAY, APRIL 12, 200 Al1oN MUNCIPA~ BUILDINGy 40o BENCHMARK ROAD PRESIDING QFFICIALS MAYOR RoN 11VoLFE MAYOR PR® TF~I TAI~RA NoTTINGHA~I UNDERW®oD C®UNCILORS DEBBIE BUCKLEY KRISTI FERRARo MAC MCDEVITT AMY PHILLIPS BRIAN SIPES To11VN STAFF To1NN ATTQRNEY: ~oHN DUNN TOWN CLERK: PATTY MCKENNY TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE NALBURNT THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TG CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE,~ HTTP:~Iwww.AVON.oRG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH woRK SESSION AGENDA MEETING BEGINS AT 1:45 PM Z:oO PM - 3:0o PM 1. Executive Session John Dunn, Town Attorney} The topic meets the requirements of C.R.S. 24-6-4oZ~4}fib} -conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Council will confer with town attorney regarding legal priorities, including consideration of Village at Avon Amendment # 4. 3:0o PM 3:34 PM Approval of V~ork Session Agenda & Council Assignment Updates Upen Space: Colorado Congressman Mark Udall Letter ~MayorWolfe} Board of County Commissioners Joint Meeting with Avon Mayor Wolfe} 3:30 PM 3:45 PM 3. Town Manager Discussion Larry Brooks, Town Manager} Discussion of various topics 3.45 PM - 4:15 PM 4. Transportation Funding Larry Braaks, Town Manager} Review of transit information and presentation of solutions to the transpo~ation dilemma 4: ~ 5 PM - 4:45 PM 5. Staff U plates a. pillage €at Avon} Sewer Trunk Main Construction Update Norm Woad, Town Engineer} b. Combunity Development Update -Update on Town Center Plan RFPs ~Tambi Katieb, Community Development Director} c. Update on the "PEG Fee" as referenced in the Town's Cable Franchise Ordinance ~ScottWright, Finance Director} d. Consent Agenda Questions 4:45 PM - 5:15 PM s. Municipal Court Report Judge Buck Allen} _ Discussion of Municipal Court and 1-7o Traffic Enforcement 5:15 PM ADJOURNMENT Avon Council Meeting.05.g~.1 ~ Page ~ of 4 TawN aF AvaN, caLaRADa REGULAR GoUNCIL MEETING FaR TUFSDAY~ APRIL'~2, ZDQ~S . y. A~,,; AVDN MUNICIPAL BUILDINGS 4QQ BENCHMARK ROAD REGULAR HEFTING AGENDA MEETING BEGINS AT 5.3D PM , _ CALL To ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. CITIZEN AND COMMUNITY INPUT a. Avon Elementary School Barbara Collins, PrincipallGay Cotter, Asst. Principal} -Presentation on the profile of Avon Elementary School and building a partnership with the Avon Town Council b. Dare Range Natural Science Schaal Presentation ~Markian Feduschak, Executive Directory - Presentation on a newly proposed natural science school program at Avon Elementary School c. Other 5. RESOLUTIONS a. PUB~IG HEARING for Resolution No. 05-11, Series of 2DD5, Resoiutian approving Subdivision Variance and Preliminary Plan for the Village fat Avant, Filing 4, Town of Avon, Eagle County, Colorado Norm Wood, Town Engineer} APP~,ICATION 11~ITHDRAII~N ~Y APPLICANT b. Resolution No. D5-14, Series of 2DD5, Resoiutian to amend the ~DD5 Town of Avon Budget Scott Wright, Finance Director} Amendment to the General Fund Budget related to the Metcalf Road contingency monies and the new spin bike program c. Resolution Na. D5-15, Series of 2005, Resolution to amend the 2DD5 Town of Avan Budget Scott Wright, Finance Director} Amendment for whitewater park design and municipal building root expenditures in the Capital Improvements fund Budget d. Resoiutian Na. 05-15, Series o 2DD5, Resoiutian to amend the X005 Town of Avon Budget Scott Wright, Finance Directar~ Increasing the 2805 Street Improvements funding in the Capital Improvements Fund Budget fi. ORDINANCES a. Second Reading and Public Hearing on Ordinance No. 05-D1, Series of 2DD5, 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. Second Reading and Public Hearing on Ordinance No. 05-02, Series of ~DD5, An Ordinance Amending Section 16.40.130; Municipal Cade 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 c. First Reading an Ordinance No. 05-D3, Series of 2005, ordinance Amending Title 17, Municipal Code of the Tawn Of Avon, as it relates to Public Benefit Criteria fvr all Laving Applications, and providing for the Reorganization, Repeal and Amendment of Supplemental Coning Regulations ~Tambi I~atieb, Community Development Directory Proposed amendments to Avon's Zoning Code Avon Council Meeting.0~.04. ~ ~ Page 3 of 4 '4 ~ I~ f Tow~N of AvoN, ~ COLORADO ~ ~ /9~ REGULAR COUNCIL MEETING FOR TUESDAYS APRIL 2~ 2oD5 ~oN N~uN~C~PAL BUILDINGS 40o BENCHMARK ROAD . E. REGULAR MEETING AGENDA d. First Reading on Ordinance No. o5-Q4, An Ordinance Adopting the Updated Zonin Ma Tambi g p~ Katieb, Community Development Director} e. First Reading on Ordinance No. 05-06, Series of 2005, an Ordinance arnendin Cha ter 5 g p , IIIlunicipal Cvde of the Tawn of Avon, relating to qualifications of members of the Plannin and g Loning Commission Jahn Dunn, Town Attorney} Changes to the qualifications required for Plannin & g honing member NEw BUSINESS a. Avon vllhite vvater Park Project -Hydraulic Design Droup Proposal for Professional Services Norm Wood} Recommendation of a firm that responded to the "Request for Qualifications" for the conceptual design for a white water park in Avon. b. 2005 Avon Street Improvements _ Construction Contract Award Norm Wood, Tawn En ineer g } Review of bids for 2oD5 street improvements c. Proclamation for "Teacher Appreciation vlleek"for May 2005 Ron Wolfe, Mayor} s. ETHER BUSINESS 9. UNFINISHED BUSINESS a. Audio l Video 1 Presentation Proposal Bob Reed, Public WorkslTransit Director} A review of the costs associated with the upgrades proposed to the Council Chambers audio I visual system. TowN MANAGER REPORT "I'. Tov~N ATTQRNEY REPORT 2. MAYQR REPORT 13. SUTURE AGENDA STEMS Agenda for April 26, 2005. Dick Scheurer, Robinson and Scheurer 4Special Districts}, Gounty Commissioners, Stan Bernstein Confluence} 14. CQNSENT AGENDA a. Minutes from March 22, 2005 Regular Council Meeting b. Galas Townhouse Association Reimbursement Request Nottingham Road Improvements Easement Acquisitions Norm Illlvod, Town Engineer} CIS. ADJOURNMENT Avon Go~ncii Meeting.05.~4.12 Page 4 of 4  ~ ~ 3 ~ ~ . .r .6 ~ ~AAr 1, ~4g5 Congressman Mark Udall 24a Cannon House office Building Washington, D.C. 205 5-460 fie: Proposed Legislation Affecting Forest Service Property in Eagle County, Golarado Dear Congressman Udall: ~n behalf of the Council of the Town of Avon, Colorado, I a conveying our unanimous recommendation and request that the proposed "Facilities Sale Bill" be revised with respect to the "Meadow Mountain" site. The Avon Town Council understands that the proposed "Facilities" bill will affect the Meadow Mountain parcel which is located near the Dowd Junction intersection in Eagle County, Colorado. That parcel is currently the site of the Holy Cross Ranger Station. The Council understands that the purpose of the bill, which has not yet been introduced, is to grant authority to the U~S Forest Service to sell or otherwise dispose of cerkain parcels of land, including the Meadow Mountain parcel. The Avon Town Council respectfully requests that the Meadow Mountain parcel be removed from the proposed legislation. vlfhile the Council recognizes the needs of the US Forest Service, this parcel should not be disposed of far a number of reasons The parcel is unique, picturesque, highly visible and is presently used by citizens of Eagle County and visitors for recreation year round. The land is centrally located between Avon and Vail and serves as a gateway to the Holy Cross wilderness and to the Town of Avon. Being located at the intersection of l-TD and Highway ~4 it is ideal far continuation of a USFS Information facility. Parcels like the Meadow Mountain property serve as an excellent example of why Eagle County is such a desired destination for locals and visitors Sale and eventual development will result in the lass of a valuable USFS asset and a negative impact an our quality of life. The Avon Town Council feels strongly that the public is best served if the property is maintained rather than sold. Thank you foryour consideration afthis request. Yours very truly, Ronald C. vvolfe Mayor Town of Avon Me~11o To: Honorable Town Council Members Frvm: Ron Wolfe, Mayor Date: April ~a45 Re: Beard of Cyunty Commissioners wint Meeting scheduled for April ~6, ~oBS Summary: .The following list outlines some "items of mutual concern" T have identified for discussion at our joint meeting with the Eagle County Board of Conmissioners~ BCICC-Avon Council ]oint Meetin A ri l z6,~ ~ay5 . TRAM SST ---TOA issues, challenges and plans ---ECO; future financial challenges, local vs, point-to-point service, sharing of facilities and costs, possible future consolidation GROwTN & DEVELOPMENT ---5 ToA major PUD's ---County upzoning and control of development --water as a controlling factor ---Battle Mountain project ---~-7d plan and negative impacts on qualm of life, growth and finances of County and Avon ~M AvoN PRa~ECrs of couN~w~QE s~N~F~cANCE ---Neer transit center ---whitewater Park ---will be asking far funding participation Bocc PRoRrizEs 5 vs. 3 Commissioners Dome Rule Charter ---open Space Bonding ECO tax i ncrease i~l~~ I~ T~ C~A~1 / ~ P.U. B~c97'5 ~D ~k~aad Au~n,C~ado8~~ 97~7~ C 4 ~ R A D Q of~ee of the Town I'V~'ana,~er To: Honorable Mayor and Town Council l=romp Larry gooks, Town Manager Date: April ~ , ~Og~ Regarding: Transportation funding Sur~m~ry: Un March 8#~ and on March ~2~`, we spent time reviewing the current status of the Town's mass transit program. Those discussions have centered on the service being provided currently and the financing of those services. This topic is one of compounding complexity because it involves not only the question of how to fund this service in the future, but the uncertainty of what the service should be in the face of the recent Beaver Creek Landing development. The recent prospect of a lift that will connect the Confluence property to The Landing could further change transit services forthe Town. l have expressed the opinion that while the numerous options for future transit service may confuse the subject, none of the options are financially viable without establishing a dedicated funding source. It is apparent as well, that if we were to ask voters to fund mass transit, that we must stand ready to articulate the service we propose if a ballot measure is to succeed. Ilvith this backdrop, this memo serves to summarize what we believe we heard from the last council meetings, and to set forth guiding principles and action to support a solution to our transportation dilemma. Bac~~rou~d: This is not a new topic for Avon. As the Town has developed and the requests for transit have increased over time, so has the required financial commitment to transportation. There was previously an effort to obtain voter approval for a use tax, which failed. This ballot question was directly tied to transit) recreation funding, The revenue generated from this source, coupled with a contribution from the genera! fund, was expected to fund Public Transit in a sustainable fashion. w • pagc ~ Apr'l 7, Z00~ Qther than the failed ballot question, our most effective practice to control the rising costs of providing public transportation has been the management of third party systen~~s}that result in cast sharing principles. The cost sharing practices have resulted in significant saving for the Town and the parties we have partnered with. The drawback to these efforts however, is that they are not long-.term in nature. Recently, the County System began managing their own system, Beaver Creek Dial~a-Ride became selfwoperating, and the Beaver Creek Parking Lot. system has evaluated the possibility ofi doing the same. This volatility of organizational structure results in fluctuating cost structures that leave the Town scrambling forfunding from one yearto another. In addition to management of other systems, the Town has solicited contributions from third parties in order to fund the service it provides. This has been done for the Skier Shuttle, based an the belief that the service has significant stakeholders other than the Town. Currently, those stakeholders include FCD who is responsible for point-ta-point transit service in the County}, and Vail Resorts the obvious beneficiary of the skiers delivered to their mountain}. Contributory funding from such parties is becoming mare difficult to get, and should not be considered as sustainable, any more than the operational contracts considered above. l=rom these experiences, we have learned two things about funding: ~ . whatever funding solution we pursue, it should address the real for fuEl} cast of service and not be dependant on periodic savings created by management agreements. The funding solution should be sustainable. It should depend on contributory funding only if that obligation is commensurate with the timeframe o the service being provided. Annually determined contributory funding is not adequate. Aside from the funding of public mobility, we are confronted with the changing face of the service that we might provide. In the past, our interior circulators Town Shuttles} have been easily described, and our skier express has shuttled between the lodges and the Village covered bridge}. In the case of the Town shuttle services, we can easily make the case that when service was scaled back due to f nancial constraints, the ridership dropped as a result. In other words, the service level is now too law to ever result in meaningful ridership. Mlle also face the prospects of changing for expanding?} collection and delivery paints for the skier express, and potentially alter the demands placed on our Town shuttle as well, if the Confluence development results in a gondola to Beaver Greek handing. Real Cost of service In any case, the appropriate cost of providing service is dust as important as the discussion about how much service to provide. You will recall that we currently have one of the lowest costs in the region far service as measured in cast per hour. It occurs to us that we are over emphasizing the austerity measures at the expense of a preferred standard ~ of service. with that in mind, we are recommending that an increased level of staff ng and quality assurance measures be instituted in the future for whatever service is offered. The increased staffing, when a lied to the current service levels, can be summarized as follows; pp ~ Page 3 April 2005 $24.80 2005 Budgeted Variable Cast x.19 2445 Budgeted Fixed Cost ~ x.92 2045 Budgeted Maintenance Cast 8.00 Average Depreciation Rate per Four over Last 4 Years $56.4 Total Current Costll~lour 2.55 Recommended Increase in Staffing see below} 59.46 Recommended Increase in Staffing $43,~'S4 New Driver 30,000 Additional PTS Cost to cover for 2 Full-time Foremen during winter 23.340 Aussie Program $97,050 Total This additional cost divided by approximately 38,000 total hours is $2.55 . Fi~an~allmplicat~on~: while It is accurate to say that a funding source is needed to sustain mass transit, we must also understand the size of the problem we face, and how that might change under the variety of service options we might choose. At the council's request, 1 have attached information outlining how other ski towns fund for not} their transit services. You have heard me say that it makes little difference what service options ire choose- we still need to develop a funding source. That being said, it is incumbent upon us to explain haw the different service options affect the size of the financial issue. To illustrate the issue, we reference the attached spreadsheet costs for different service configurations, The configurations can be used to illustrate the reallocation of transit expenditures to respond to the route and service changes under each optional scenario. Scenario ~ This service was performed in 2403, and utilized discrete route offerings in order to nave passengers. Note that we did not combine fawn routes to reduce hours. c~sT ,085,400 Scenario 2 This service was originally planned for 2x05. The skier express went to the Landing. The destination could have also been the Village, but it could not go to both locations without additional cost. Turd lane and the Town shuttle are combined during lower ridership times. CAST $949,000 5 ~ Page 4 April 7, ~OO5 Scenario 3 This service was modified from that above by adding both the landing and, Village as destinations for the skier express. Yau will recall that Vail Resorts loaned us an additional bus to provide this service. c~sT $o~ ,ooo Scenario 4 This service scenario would eliminate the Hurd Lane shuttle entirely. The Town shuttle is modified to reflect the fact that is runs without any combination service to the Hurd lane area. casT $os3,oao Scenario 5 This scenario begins to contemplate service with the installation of a gondola at the Confluence property. 1i11ith the "lift destination" now closer to the Town, less service hours are required to meet the expected demand for the skier shuttle. CAST $530,000 .Scenario 0 This option re-implements the Hurd Lane shuttle, with the expectation that the demand for this service should not be ignored. It is expected that, at some point, the Hurd lane shuttle should be extended to service Buffalo Ridge and the Town shuttle should be extended to service ~111a1-Mart. [n this way we would have an fast-'vest Tawn shuttle and a North- South town shuttle. Note that the extension o the routes are not contemplated to increase cost. Rather, the extended loops can be accommodated through the some reduction of stops and minor route modification. ~osT $s7o,oo0 These scenarios illustrate the point that a funding source is needed to serve bath our skier and town circulator routes as currently projected.. Future Town growth will only increase transit demands, and we need a funding source that reflects that elasticity. The route scenarios are inserted in the following three pages to demonstrate the above narrative. V1ve believe the best way to fund such a program is through a sales tax measure. As 1 have expressed to several of you, we prefer this method over others because of the substantial extent to which nest populations would contribute. Ivlvith that in mind, we have projected the g revenue that would be generated from a 11~ o cent sales tax increase ~ $o. ~ o per 00.00 retail sales to be a uivalent to approximately $00,000. 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C'~7 W ~ ~ ~ ~ \ y~ ~ fw[\ © 0 d ~ ~ p N C7 ~ ,Q 0 ~ H cv ` ~ ~ ~ J ~ ` N cv rv ~ o ro ~ o~ ~N ~ N N N fi G ~ . iN ~ ~ G ~ 'r... N o m t t~ ~ ro c W ~ ~ ~ ~ ~ ~ Q NL b 4 Lt. o p ~ ~ ~ ~ © ~ ~ c~ ~ N ~ ~ ~ ~ ~ ~ E ~ N ~ N ~.Z. ~ ro o Z r.. ~ ~ ~ ~ ~ ~ v ~ s ~ o ~ ~ ~ cn  • Page 5 April 2DD~ ~uidi~Princi les guiding principles should be used to formulate an action plan that will address the questions of ghat kind of service we should provide, and how we should pay far it. 'VV'e believe the following items re~ect the best long term interests of the Town. 1. Solutions considered viable for the funding of mass transit must be sustainable. The funding solutions must fully acknowledge transit costs in terms of: a} Real cast per hour- not depend on periodic €and unreliable} savings that might occur. b} The extent of service that is needed to reflect community values. Don't limit service so severely that it fails to meet mobility needs of the users. 3. In 2046, we should start allocating the full hourly cast of transportation to include: a~ Include depreciation an rolling stack. vile are currently over dependant on grant opportunities, which put us in tentative positions relative to our ability to meet future planning needs. depreciation of the stock gill insure that buses can be replaced as needed in order to perpetuate the service the community depends upon.. b~ Staffing costs should be commensurate with the level of service and guest satisfaction desired. Current staffing is the austere result of fiscal constraints, ratherthan what the transit department is recommending. 4. Routes Ito include expanded blocks of time and seasonal times of routes} that under- performshould be dropped Pram the service package. a} Performance criteria should be measured in terms of cost per passenger. Routes that cost in excess of $2lpassenger will not reflect appropriate return on investment. b} r~ew routes may be run an a trial basis far one year to determine their viability ~againstthis standard. c} Current service should be compared with previous models of service productivity, in order to make a recommendation to retain current service., expand it, ar further reduce the present program. Recommend~t~on: 1. Armed with the above facts, we should determine this fall if people want to fund transportation. In other words, ask them ghat they runt rather than presume an answer for them. a. vile should conduct a survey of our community before we incur the expense of a ballot question. vile recommend using a professional polling service to help perfect the desired service scenarios that will meet community needs. An election calendar is attached for reference. b. vile should educate the community about the expenses, the services, and the utilization of the transit program. T • Page 6 April 7, ~DO~ v11e should fiend transportafiion with a combination ofi, } an agreed upon level of subsidy firom the general fund, a nevu source of revenue dedicated flax} and, 3} a long fierm commitment firom the ski company to deliver ski school participants to Beaver Creek, or initiating a fee fior such a service. 3. lfi the result of an election is positive, ire should fund transportation that meets fihe perrormance criteria articulafied above. Nfi the result is negative, we should fund firansportation one to the level that can be achieved by fihe accommodafiion tax coupled v~rith any Tong term commifited confiributory fiunding, and only to the locations that are contributing that source afi fiends in equal measure to the costs incurred. `1 Transit Fnndin~ Sum unary Aspen The City of Aspen has 4 dedicated transit funding sources: 1 Count wide 1 % Transit Sales Tax, generating about $4,2rr~ per year ~ y Countywide 0.5% Transit Sales and Use Tax generating about $3rn. per year 3~ 50% of 1 % Aspen Visitor Benefit Fee Lodging Bed Tax} generating about $430,000 per year 4~ Paid paving revenues..-about $600,000 per year going toward transit operating and capital reserve. In addition to the valleywide service provided by R~`TA and supported in part by a portion of the first two revenue items noted above, transit service within the City of Aspen costs about $3m a year, plus $1.2m a year in skier shuttle service funded by the Aspen Skiing Co. The in-town shuttle is free, $6 one way to Glenwood, $9 one way to Rifle on RFTA Breckenridge we do not currently have a dedicated funding source, it is funded form general sales tax and some parking fees. we are in discussions with the Ski Co looking at going to paid arkin through out Town and those fees would probably be dedicated to transit, parking p g structure and possibly gondola financing and operations. The bus system is free. Crested Butte The Town of Crested Butte operates a free transit system it partnership with the Town of N1t, Crested Butte. It is set up as a transportation district operated by a governing board made up oftwo town Council .embers from each jurisdiction and a member at large. The Town of Crested Butte is the mother agency for purposes of administration and grant pass through. 25% of our 4.6% sales tax revenue is set aside for transportation services by ordinance -right now almost all of that 25% goes to transit -the Town keeps an administrative fee. we also recently passed a ballot initiative authorizing an increase in sales taxes county wide by up to 6{1 Oths of 1 % to fund airline guarantees and other transportation services. Unce .the airline situation is stabilized, some of that money maybe used to expand local transit service to include the Gunnison area, Durango The City of Durango operates its transit system as an enterprise. In 2003, we are projecting revenues of nearly $1.3 Million. Cur primary revenue sources are as follows; Federal grants, $453,000; La Plata County, 37,500; Charges for Services, 213,000; Lodger's Tax, 50,000; City's Gen'1 Fund, 200,000; City's Parking Fund, 283,000. Grand Lake Unfortunately, Grand Lake has no transit, we hope hopes dreams?} of a future countywwide transit system perhaps Intrawest will expedite the creation}, funded as a transit district fit. Crested Butte The Tawn of Mt. Crested Butte does have earmarked transit funding. Years a o the voters approved a 1 {2 cent sales tax increase earmarked for transportation in both Crested ~ n Butte and N1t. Crested Butte. Both towns dedicate 95 /o of that 1 {2 cent to run Mountain express, \O the free bus system. between Crested Butte and Mt. Crested Butte with the other 5% going to each town's miscellaneous transportation projects. The ski area used to contribute to the bus system. an amount equaling 1 % of their non-sales taxable items ski school and lift tickets} since these items were not covered by the sales tax. That amount was around $112,000 per year. however, to replace that, they agreed that Mt. Crested Butte could adopt an Admissions Tax which would tax their ski school and lift tickets. So a 4% admissions tax was adopted and 114 of the admissions tax goes to Mountain Express to replace the old 1 % contribution by the ski area. The other 3i4 of the Admissions Tax goes for , marketing by the Tourism Association.. The bus system is free. Park City has dedicated funding comprised of a dedicated 114 cent transit sales tax and 1.14 of our 1 % resort city sales tax. This is augmented by business license fees and an appropriation from the city's general fund. Total budget approximately $2 million and we carry 1 million passengerslyear. Uur county Summit County} also has a 114 cent transit sales tax up far election this Nov to expand the City's transit service into the County. The bus system is free. Silverthorne The Town of Silverthorne is part of the County-wide, Sumrn.it Stage system.. The Summit Stage has a percentage of the sales tax, which is applied throughout the County. Snowmass Village Aspen Skiing Co. pays us an amount per skier, now $1.21 with an escalator over time. The bus system is free; however, there is a shuttle to Aspen after 5 p.m. for $3 on RFTA Steamboat Springs we have no dedicated funding source for Transit now. we'd lave to have one, but the options would be a lift ticket tax or surcharge, or some piece of the "up to 1 cent" sales tax that the county could ask the voters to approve for mass transit. There is na charge for the bus system.. Telluride Town of Mountain VillagelMountain Village Nletrapolitan District has no dedicated funding for transit, presently. we would like to have one, The options would be a lift ticket tax or surcharge, or same piece of the "up to 1 cent" sales tax that the county could ask the voters to approve far mass transit. Telluride Telluride does not have a dedicated source for transit system. The Town is not contemplating trying to get a funding source. Currently the only dedicated source that is being considered it that there is a ballot question in November for approval of a 2% excise tax on lodging and restaurants for the regional airline guarantee program. The bus system is free, however, the Norwaad Shuttle is $1 each way. Vail Technically the ski lift tax from ~'Rl pays far some of the Bus Service.lt does not pay for all of it or the capital replacement. ~t is a total of 4% 2% operating and 2% capital. Total i~ about 1.5-2.0 M. The bus system. is free. minter Park The system has a number of components as follows: a. day shuttle is paid far by the tows. $245,000 about 10% of their sales tax}, the ski company pays about 1 M+, Frazer  doesn't pay into this system. b. night service is paid for by Frazer and 'inter Park- 't~P pays X95,000. c. summer dun bus is paid for by the Ski company, Frazer and hinter Park-costs about ~ ~ s,ooo. The bus system is free. \c~ Mema To: Larry croaks, Town Manager Jacquie Halburnt, Asst Tawn Manager cc: John Dunn From: Patty McKenny, Town Clerk Date: April 4, 205 Re: election Information Summary: Attached is an outline of an election calendar for 2oD5. I have spoken with Teak Simonton, Eagle County Clerk, who indicated that she'd like o conduct a "mail ballot election" in November. She will do this as long as she receives support frarn those participating in the coordinated election. Possible participants in this election include school districts, special districts and loco[ jurisdictions with ballot questions, as well state ballot questions. Mail ballot elections have gained more popularity over the years in several areas o Colorado. Teak indicated that she would be happy to discuss the pros & cons o~ this type o election with Council if necessary. If the Council were not in favor of participating in the coordinated mail ballot election, the town could conduct its own polling place election. \ i~ T0~'N Ol= A1lON, COLORADO 4~4~~oa5 GENERAL COORDINATED ELECTION ON NOIiEMBER 205 ELECTION CALENDAR Mey Letter of inquiry to political subdivisions from Eagle County Clerk & Recorder, inquiring as to whether or not there will be participation in the November election. Duly ~}o days before If, by 1 g~ days before the election, a political subdiviaivn has tal'Cen formal action to ~ ~ ~5} election participate in a general el~ctiar yr other election that will be coordinated by tle county clerk, tl~e p©iitpal subdivEian shall notify the county clerk. August 9~ days before Last day for county clerk to establish palling places for coordinated election. 1-5-102.51 } election September days before Laat day far municipality to sign an ir~tergavernmenta~ agreement with the county clerk to •7-1 ~ election run the coordinated election. September 55 days before ' Laat day for political subd~visiao to certify tie ballot content to county clerk. 1-5-~a~~}~a} election September 55 days before Last day to file prvlcon comments pertaining to local ballot issues with the designated Arlo. X, Sec. election election official in order to be included in the issue mailing. 20 ~3}fib}€v} September by 45 days before Written comments shall be filed. 1-?-9044} elective September no later than 43 Last day for petition representatives to file in type written form a summary of comments in 1-7~903~3} days before favor of their local ballot issue to the designated election official. election September 42 days before Last day for the designated election official to deliver ballot issue notices to county clerk 1-?•904 election and recorder. October no later then 32 Ballots for General Election must be printed and in possession of the designated election 1-5-4p3€ } days before official. election October At least 3o days Last day to mail native of election ballot issues, Art, K, Sec, before election 2a ~3}~~} Ref B October No Iater then 10 Last day to post and publish a notice of the election and transmit the same to the county 1-5-2051 } days before clerk, unless this duty is assigned to the county clerk in the intergovernmental agreement. election The designated election official shall publish in at least one newspaper Tues. ELECTION DAY 1-1 04~~ Nov. 2405 \P""\ ~v o vo ~s ot~~es ~3 ~a: "'~w'~"N t~_,.~ ~ r` `n p M - .l'-'- - r ~ - F~~~~ by ^ ~ ~ ~ T V ~6.. ~ - „ - , ~ .....7 fi`''g' ~ ,s , ' ..~.c ~ , ~1 F I~~i '<~5 _ ,.~r ~ ~ i'Y ~ ~ ~ ter'' - V - ~ BAG BEAR LUT ~ ~ ~ ~IIIQL~~' L T _ ~ .,p 1 ~ - ELK ~h. . _ h . r _ ~ L.k ` I I - W E ~ Ill T4 BA I CREEK V1L~A '~1; S I l 1 Le en i~ trier shuttle Raute I Created by TdA Engineering . 1`Y3 11 ~ ~.LJ~.~~S ~ ~ As t a r - ~ r . r.: .y - ~ ~ w J s ~~,s . ~~y. ,~r r 3` ✓r" - jl~Ii r ~ /i~"'~" u c ✓ r s' i 7 w i✓,r~ ~ w~ I ` r ~ ~ ~ d o- r ,i ,.7,.. ~r ~ r~~ ~ s....... rte; t a J/ t ~ Y^ y' "n ~ N/ s W Mr[ [ 1 ~ r.~ r ~ J~/~. J.~ r ~ / ~~~✓V w- BAG BEAR - ~ M N L~QT ~ ri f f N r y, ✓ ~ :Z 7 , L? z' }r~~ ~ is j~ i J i._` l `a r= ` ,i W E TC BEA CREEK VIL.~.A S Leggin awn Shuttle Route Created by Tt~A Engineering 4l~ UW Cl ~V 11 tJ ~S C]~.~~5 t ,~Po~ } wE:. k t y ~ M~ J ~ ~ ~ ~ a fib. ..C~=„ ~,4 ~rd ,~a~. r' :'yq _ ' ~a \ / ~2 k~ . F~ ~ ...3 S _ .r -f p, ~ ~ . ' 4 C r^ v b ~ S r i...+ z..-- a ~ ~ r • ~ c s r~, a M ~ITTL~~ u 3 /E ~I~ BEAR LUT - . . ,pu a, y <<, r~o~~ ~ T a f c~ ~ _ ;r, W E ~ T4 BEA CREEK V1L.LA Leven urn ~.ane Bus Route Created by TEA Engineering 1~- 04 'd CM7 N t~ C~ M ~ h MN°~ ~ ~'ov t•- ~ ~ ~ w~ ~ C~ ~ Cy ~ i r i T'- Q t~ C~ c~ r~ ~ ~ ©CT tT CJ d' tiC J C7 ~ U N Q ~ ~G ~ p ~ ~ Q ~l7 d" p i ~ © C7~ M © N ~ ~ N ~ U ~r-+N~ C'7 d Q ~ r~ bi1 ~ Q ~ ~fi' ~D ~ Q ' ~l ~ CJ~ Q~ N {f1 M ~ . ~ ~ M ~ in oo N ~ ~ ~ ~ U~ ~ ~ ~ D} ~ N M ~ w ' w as ~ ,d Cy ~ ~ N iD ~ ~ © ~ 1-'w N Q©~o4 © G M C~ ~ ~ o ~ ~=gym ~ ~ ~ ~ Q ~ U ~ ~ ~ aF-~ o N ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~a N M N e*ti N © d N ~ M ~ n N C*t ~ N CV r~l Vii p ~ N N N N ~ ~ ~ a as ~ ~C ~ ~t d' CT ' Q G1 ~ N r y M ~ ~ OC C'h CT Ca G1 ~j ~ U U n CMG N d ~G Oq C7 OG ~ M eel U w ~ OQ r--+ N CG C~ qiD ~ ~ ~ ~ ~ ~ ~ "C7 r-, ~ ~ ~ ~ ~ ~ N v U b4 ~ ~ ~ p ~ ~ ~ ~ I ~ C?~} U G 0 ~ ~ U va ~ C ~ ~ i y x ~ ~ ~ 7 GM L , ~ ~ U ~ ~ G~ a~ y s~ v ~b~~~~x ~ ~ ~ b ~ W ~ ~ ~ ~~w ~ ~ ~U~ ~ ~ ~ v r. cn C/) " oe-4 1-4 r~ mdo %W Tp; Honorable .Mayor and Town Council Th ~ Larry Brooks, Town Manager ~t~ n1 ~ Borman wood, Town Engineer Date: April X005 R~: Staff Update -The Village fat Avon} Sewer Trunk Main Constr~~ction ~u111n1a Traer Creek Metropolitan District f led an Application for work in the Public Right-of way for completion of the Z4-inch Sewer Trunk Main that runs from in the vicinity of Post Boulevard to tie in with the existing Sewer Trunk Nain in Avon Road at Hurd Lane. A maj or portion of the main has been installed on The Village Filing l property adjacent to the railroad right-of way and on railroad right-af way. The bare under the railroad tracks is also complete. The application for work within the public right-of way applies only to that section of main that runs from the railroad right~of way at the westerly end of Burger King, southerly to Hurd Lane and then westerly along Hurd Lane and across Avon Road to the existing Sewer Trunk Main on the west side of Avon Road. The proposed schedule calls for this work to camn~.ence on April l5, 2DD5 and be totally complete by June ~ 5, 2DO5. This completion date is specified in their Contract Documents as well as being a condition of the Permit for work in the Public way. A lot of this work will be done at night to minimise disruptions to the local businesses and to traffic in the area. This schedule. has also been developed to work with the proposed improvements on Avon Road per the ZODS Street n~provement Project. ~ The Applicant and their contractor have been in contact with the local businesses in that area to inform them. about the work and related impacts and to coordinate schedules to minimize impacts. They will be required to inform the general public about their traffic control plan and proposed disruptions to traffic at least 24 hours prior to implementation. There will be some inconveniences and Saff c delays associated with this project just because of its location and the nature of the Project, we also believe the engineers, contractor and. applicant have lane everything reasonably possible to date to minimize the disruptions and we believe they will continue to do so. The following conditions are attached to this Permit for Work within the Public ways and we believe these will further reinforce the coordination and quality control associated with this project: l . Construction shall start no earlier than April l5, 2005 and shall end no later than June 15, 2005. 2. Construction hours between $:00 PI1~ and x:00 ANA are encouraged even though special permission must be granted by the Town Manager. Section $,24.0$5 of the Avon ll~unicipal Code provides: "The town manager, or his designee, may grant an exception to the above work hours ~9:00 AN - 6:00 PM Sundays and National Holiday and 7:00 ANA 7:00 PM all other days} for specific construction activities when it can be demonstrated that it is in the interest of the general public for those construction activities to occur outside the above specif ed work hours X9:00 AM - x;00 PM Sundays and National Holiday and 7:00 A.N~ x:00 PM all other days}. The grant of an exception may be conditioned upon compliance with rules and conditions as specif ed by the town manager, or his designee, to minimize impacts of the construction activities." 3. All concrete curb, gutter, pans and sidewalks shall be removed and replaced to an existing construction or control j oint. 4. Asphalt removal and replacement: a. Asphalt shall be saw cut in a straight line at least 5-feet back from trench excavation. b. Minimum section for asphalt replacement shall be existing thickness plus 1-inch and shall be placed in lifts not exceeding 3-inch thickness. 5. Notice shall be delivered to all residences and businesses located on Hurd Lane at least 4S hours prior to start of construction in Hurd Lane to provide information regarding construction schedule and expected traffic impacts. a. Traer Creek N~etropolitan District and Contractor shall host a public meeting l to 2 weeks prior start of construction to inform the affected public of the proposed construction and to answer questions regarding impacts on the traveling public and related businesses and residents A basic Traffic Control and Signage Plan must be submitted to and approved by the Town of Avon at least one week prior to anticipated start of construction. a. A detailed traff c control and signage plan must be updated daily and submitted to and approved by the Town of Avon for the next days work in Avan ~.oad or Hurd Lane. b. .All traffic lanes including private drives and parking areas shall be fully open and available to the traveling public at all times between ~:00 A.NI and $:00 PIV. s Page 2 7. Landscape irrigation systems may not be out of service for more than 48 hours. Landscape restoration and irrigation system shutdown, repairs and restoration shall be coordinated with the Town of Avon Deparn~ent of Public works, Contact the Department of Public works at 970-745-4 ~ at least 48 hours prior to start of construction impacting landscaping ar irrigation systems. 5, Testing and inspection services must be provided on a daily basis, by qualified professional engineering and geotechnical testing fir~.s to provide assurance that applicable plans, specifications and construction practices are complied with, Inspection and test reports shall be submitted daily to the Town of Avon and shall be submitted within 24 hours of the time the referenced work was performed. 9. All earthwork trench backfill} compaction, asphalt and concrete work shall conform to applicable CDT specifications as a minimum. If Job Specifications are more st~ngent, the more stringent specif cation shall apply.. 1 The Town anticipates having a construction project consisting of asphalt milling, paving and other maintenance work on the section of Avon Road between Beaver Creek Boulevard and US highway ~ with construction between April I5 and June 5, ZOD4: The permittee will be required to coordinate work schedules and methods with the Town to achieve the most efficient use of time and resources for both proj ects and with least impacts to local businesses, residents and the traveling public. 11. The Town reserves the right at it's sole discretion to suspend any or all work under this permit at any time it deems that the stipulated permit conditions are not being ca~nplied with including, but not limited to quality control of the work, traff c control and signage or satisfactory progress is not being made toward restoration of surface conditions impacting local businesses, residents and the traveling public. This is for information only and no action is required by Council. T~~n I~an~~er Camnnents~ ~ ~ $ ~ ~ ~ ~ ~ d„" J l VV~i.~w.r+_ ,4~'~ ~q?i^"' y- f f`~ ~ r ,f-~ r ~ ~ ~ - • Pale ~ i~ ~i~ii ~ ~ I IW I~I ~ rat To: Honorable Mayor and Tawn Council co~.,oR~~o Thru. Larry Brooks, Town Manager Fri: Tarnbi Katieb, Community Development Director Dade: Apr'~l 6, 200 Re: Coimmunity Development lpdate-Town Center Plan RFP Community Development will be providing you all with a brief update on the Request for Proposals received on the Main Street 1 Town Center vilest public improvements project. vile have received proposals from the fallowing firms: Design vllorkshop P.NI~ Design EDAw vile would like the Community Development Committee to review each proposal with staff and then forward a recommendation on the proposals to Council. vile will then schedule an interview with the selected proposers at your next regularly scheduled Council meeting. 4 E ~ t & community Development Update to Council Apri112, X005 ~1lar~ session ~ ~ ~ ~ To: Honorable Mayor and Town Council Tl~ru: Larry Brooks, Town Manager } From: Scott Wright, Finance Directo Date: April 7, 2005 Re: Comcast PECr Fee Summ~ ate: An interesting development has come up in staff's research regarding PFC~ fees as provided in the Town's 996 franchise agreement. ~n February,1996, cable provider TCl Cablevision, in a letter addressed to then Town Manager Bill James and accepted by Mayor Albert Reynolds, agreed to make annual capital contributions in the a:~.ount of $10,000 to Channel 5. The letter further stated that the amounts may be passed through. and separately stated on customers statements. recent follow-up conversations with Janet Rinaldi, a representative of Comcast, it appears that this charge, $.50 in 2005 and $.65 in prior years, has in fact been passed through to Avon subscribers as PAC- fees. Copies afthese charges are attached. According to NIs. R.inaldi, her understanding of the purpose of the letter ~ 996 was to facilitate increasing the P.~C~ contribution level because the number of subscribers at that tune was not sufficient to reach a funding level of $10,000. The significanoe of the $10,000 ana.ount 1s unknown. At issue then is whether or not the charge, as referred to in the letter, is in fact a P~~ fee per the 1996 franchise. The letter is written rather poorly and is not clear on this issue, If the charge should be considered to be a PSG fee, then many of the provisions under Section 7 of the franc~.se agreement have not been followed see attached}. The other issue of course, is the ability of the Council to raise additional revenue for capital contributiops through the PSG fee if it is already being charged to subscribers. Page ~ 'down Dana er Con~nnen~s: 5~,.. ~ S Attachments: A ~ Letter from TCl Cablevision to Vvilliam James B ~ Copies of Comcast Avon subscriber statements from May 10, 2004 and January 1 X008 C Copy of Section l from 1998 Cable Franchise Agreement D - Code of Federal Regulations C~F.R.~ 78985 -Subscriber Bill Itemization s • Page 2 FEB~-B~-Z~O~ ~f: FR'DI: 30~E0~2®~~ TD: +8~0~'~4B8B81 F. B'~ w~ w ~a rr• rw ~ ~e ~ • . . . r . arr i ~t ww wr X " ~ • ya'M~y ~~\.w~ •F W \AA~r.~M~ r~ ♦ My, ~ • •F • w + ~ ~ Jff ~ ~ ~~~~a ~ ~~~~1~~1`P~1~~ ~ r 1 ~ ~v~ W ~ ~ ~s~~~~ ~7 ~ ~ ~ ~ ~ Q ' k ~ ~ ~ ~ the 'q~~~ ~~~~"~~~~s t ~ ~ ~V~~ ~~fl ~ ~ ~ ~ . v~~r~a~ ~ ~ f ~~a x~~~ ~~1~ ~ ~d~~t~~~~~ rt ~ ,,,,r,,, ~ ~ , ' t x X59 ~ ~ ~n ' * C~a ~ r E ' ~ t ~ Mkt` . ~i'r~. t~G ~ ~ ~ ~ r~ i~' ~'a`' 1.. r A«.rx..:. r+r  rr ~ ~i~~~~~1 l i '1~~1 1F ~V~ s~ Page 1 of z ~o pox ~~s ~vor~ co Billing Date: May 18, 208 sis~o s~sr soy ~x ~ ~a aoa~os4 Account Number. $4~7 5D 5~~ DD8190~i #BWN~)JQR ~ How` tC reach us #t58294779918D99# ~ Vlie re proud to offer 24 hour * To~1N of AVON t,~ Customer Service at 1-888-82~-4Q 1 a, Po BoX 975 A1loN Co s~so-a975 F+br Ber~lce At 371 NOTTINGHAM RD APT 1 A ~rr~rrrr~~r~rrrr~rur~~rrr~r~rrrrr~r~r~r~rrrrr~r~rrrN ANON CO 8182U ~~~~u~~ ~~~~C~r~ Previous Balance 45.98 . Pa meets ~ X5.98 Manthl Char e s X2.99 Please See ~eVerse side fir aCCC}unt details. Taxes & Fee s 2.99 Balance Due 45.98, payment Due Date ~61n41~4 ~~u~ Parents.Da you kno~ you have options to help determine which programming is appropriate far your family? visit ~+vww.comcast.com and clicl~ an "Parental Controls," ar call us at 1-$66- 781-1888 to learn mare about the types of parental contras features that are available. Upgrade to Digital Silver Pacscage with WBo and receive 3 months at $49,99 per month! Call ~ 1-888-824-4810 for more details, Certain restrictions apply. Nat available in ail areas. f~ Did you knave you can get Camcast High- Speed Internet for $19.991month far 3 months & et 112 off Premium Instailatian? Call 1-888-824481 Q tada far details! Not available in all 9 Y areas. Restrictions apply. Exp: 05121184. P~.EASE N~7~'E: Paymris not received by the due date are subject to late payment fees. ~~T F~~ j f ~ I~ ~t~ fir' w a f ; r £ ~ i. ~,.s.~...,... ».x,. ~..e.r...i.~.a_ri.u.~n~awwww~+n^^~ww. T,.y~w~ 6 ! 1 b~~~ls~it u~ a~n the web at v~ruvw: omc ~ .com ~ n ~ Billing Date: May 19, 2D84 ~ t ~~~~C~ Account Number: $49~ 5D 522 OD89Dfi Please detach and er~clase this portion with your payment. Please da not send cash. Make Nan1e: * TQ~'N Ql~ A~IQN checl~s payable to CQMGAS~`. Po Box 9? A1loN Co 81628-8975 ~'hecl~ here if new billing address. bate charges arr reverse ,side. Balance Due $ X5.98 Payment Due Date D8ID~104 Amount Enclosed CoMCAST Po Box ~ 7~s85 DENVER Co 8q~t 7-885 ~rrr~~rrrrr~r~rrr~~rrt~rr~~r~rr~rrr~rr~r~rrrrrrrrrr~ 849~~50~522I~~~19~6~Da459~9 r irl fI ' ~ + Pa~Q~~~ r ~t~ This statement is for s~rviaes from 5l1~104 thrau h fi1o91~4r Previous Balancerrrr.•..rr.rrar.....arr.r...e.....ri.Ar.rrrrr}r.s.sear.r.Ar}}.'..r.rrr.}i.r.rrrrss..}rr.ir.r}rrs.r..rrsi.s.arrrr.rr...r.r... 75A9~ ~aym~ant~s~ o5fo5 Payment -Thank You.....,.....sr..........x...r....Ar..}.Ar.Arr.rrrr.r.rrrri.r..rrr....rr.r.ria...•=rrr.r.r}.r - 45r98 M~nthl~ ~harge~s~ ~~I ~ O~r ~tandar~' ~ableis.r..rrAr..rrrrrr>.asrr.raarersr..r.rr>AA.r..rasrrr....•rr.r.r.arrA/ran.rrsrs}arw/.a...r.rrarrssr.i• ~fin.VV Includes @asic end Expanded @asic~ Tars & Fee~s~ 0511 Franchise Fee..+e.r.Ar.srA.rsAr.rrrrrrrrr}..i..r..arrrrr..a..r..r.....arrrr.Arran...aarr.....r...rrriAa.rr.rArar}.A. ~r~r•{r/ 05110 F~IF 1V f Vel..•af.r...RA.•.•rsrrrrr.ar./f..•...ryrlrrR•r.rae/irr/.a..rr..•rrraA.i.fYif.Ar/.rr.......r Rrl r[RrNNNN rl rrf/RNia. r~~ 0511 o FEG' Fee.. 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New Address pity State ~i~ ~~rk Phone ~ ~ ~on~e Phone ~ ~ sc~2t~lga 03-1~-~ 09;4 ro-u~~ aid ca~sey ~~C ~~~0~88881 .D031~04 F-0~4 St~~m~cr~~ of ~ov~~~ 'O~A3$~~ Page 1 of ~ ~apax~~~~ar~co ~~a~a-~aaa ~~I1ng Date: J©nu~~ ~~05 ~®~'NJ,QR Naw ~a ~~~c1~ u~.~. ~1~~~~48~~8~a~# V11e"~~ preud Lo a~j~r~~4 hour C~1~t~m a~ ~er~iCe al 1-8~-8~4~4fl~ ~~t ~e~~~oa A~,~, , 111 11l I t II 1 II II 1I! rr 111 1AAt~,~~ 1rw~,RKS~~R APT ~ [lill[11~~II~~1IM~~~~~~i~~~~~wlr~~il11 ~1~111~~~~1~llilltllll ~'SY~~ Preulou~ [1a~ ~ ~,~1 At~~t~unt 5u~t~n~~' P~ 8~1C 6 ~1.~1 ~)on~hl Chap 8 S ~~.64 ~v~s~ ~e~ +e~~rse ~d~ ~~caur~~ d~a~ls. 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S~CT~ ~N T SUPP~}~T ~'QR LAICAL ~A~L~ ACCESS PEC Access opera#ing Costs. Upon completion of the system rebuild to Five hundred Fifty I~iegahertz ~~Sll l~~z ca achy, the Grantor may request and the Grantee shall provide up to a total of ~ p bra ~ additional channels far PEG use. The Grantor may nat submit such a request unless the PEG channel already being utilized is cablecasting at least twenty ~21~~ hours per month for a period of six consecutive months, of locally produced first run video progranamang on each channel already designated far PEG use, and, further, that additional contemplated PEG programming cannot effectively utilize the exacting channel during the time it is available. '7 . ~ PR4~'=~TC~~' U~ p~~ AccFS~ ~QUZPNi~`~I' FAC=~~Tx~~. { upon nanet~r ~ } da~rs written notice to Grantee ~ b~ the Town, the Grantee shall pr~~r~.de a FAG Access equipment fund up to f if t~ cents ~ $ . l per subscriber per m~n~h for indi.~ridual residential subscribers, and up twentr~r_ fire cents ~$Q.25) per subscriber per month fir subscribers subject to bulk-billing, to be utilized sc~le.~ for FAG access ec~uu~pment and facilities. PSG access equ~.pment and f aci~..ties are aefzned to include r but .not be limited tee, c} All funds under this grant shall be allocated in accordance with an operating plan approved by resolutl~n of the Town council. each operating plan shah. contain, as a r~in~.mum, the following information; List of intended P~~ users. ~ Panned type and level of programm~.ng or communications service fox each user. { 3 ~ capital equipment 1 f aci~.ities and estimated costs required to support the intended uses. Tha.s shall. include a survey of existing publicly-awned equipment that ma.ght be available for the intended purposes. {43 user commitments by the grantor or a P~~ x to cover o eratin expenses for at least a three {3~ use p g year period. {5~ An evaluation that the existing pub~.ic ilities and e ment are inadequate to meet the needs of fac ~ p the operating plan. P~~ ~lP"~~TI o~S The ~rantox may negotiate agr~ee~ents with neighboring urssd.ct~.ons served by the same cable system,  oat.onal institutions, or others to share ~peratin~ e d~u ~ ense~ as appropriate. The Grantor and the Grantee may gip ' an a regiment for rana ement of PSG f aoil~.ties negotiate ~ ~ and or ch~nne. capac~.ty, if so d~sire~ by the parties , ~`.4 T~TI~E T(] PEA EQ~J~PI~E~'T The Grantor shall retain title to ail ~~G ui ment provided with fuming ~mad.e ava~.lal~~.e in accordance eq p v~ith the above . ~ECT~UN 8 ~R,~l~`C3ISE TRAN`S~E~ g, Franchise Transfer T`he Grantee shall not sell, transfer, lease, assign, sublet or dispose of, in a. e ar in art, either by forced or involuntary sale, or by ordinary sale, contract, whol p Lion ar otherwise, the franchise or any of the rights or privileges therein cansol~da without the riot consent of the Town, which consent shall not be unreasonably granted, P ' Bela ed. Aan ahem t to sell, lease, assign or otherwise dispose of ~e denied or Y y P ' w'thout the consent of the Town shall be null and void. The granting of a f rancluse ~ ' rest in an of the Grantee"s assets, or any naQrtgage or other hypothecation, security znte ores of this section. The transfer cif the shall not be considered a transfer far the puxp ise from one wholly-owned subsidiary of a ~iantee's ultimate parent company to 'ranch r ll -owned subsidi of Grantee"s parent company shall not require Town . another ~hv y ~ consent.  ~~.;1 ~i l~! ~:~`I ~IE~!^. ~ .R ~ Y +~~j.3 ~ ~ ~ ~~~{~l~ a~c~u~~ ~ aa~~ f~/'~ ~~""~y,9~IA{~~~~ ~~~~~tA~ y£~,kV ~Tr ~~fp~+' ~~y '~!~y~ ~y y~}~}~ p, ~y ~j~p1: 1 ~Z~;f 'Na~~~.l. ~a~ ~k1) ~i.[ Rt.iibr I~i~~l~~~~ ~~Nl ~ii.r~ ~fi! 1i1~Y~:~ i~ k ~`~1~~~~~~~1 ~ ~ ~ ~ ~i~~ ~a~ far ~~bl~ f 4; . M . ~ a~ ~~i~. ~l ft~ r~ ;~~r r,~. . f: ~1 1 I~t~~IF, C { i; Y 4 r E ;'!,j%. ~I$ i`! .~~~i~ I~i,l ;+.~j~ fi~ • i~~l ~~il' s; .i~` ~~i# ; . 11 li I4rf i r' • ,j!'j~ ~ i,~ i' V- To: ~anorable Mayor and Town Council From: Buck Allen, Municipal Judge Date: 1V~arch 1, 2005 Re: Municipal Court Report Sunvmary: 1. The Court system in general is meant to impartially and fairly dispense justice. ~t is not designed to generate income and be self ---supporting. 2. Council has requested the Court to suggest measures to defray the cost of operating the court system while maintaining the integrity and independence of the justice system. Discussion: 1. Most courts do not cover their cost of operation. 2. ~n comparing Avon with Breckenridge and Vail there are certain similarities. Factoring out parking revenues, the three courts do not cover court operation casts. including parking revenue from. Vail and Breckenridge that ranges from $60,00 to $126,264 court revenues match operational costs. Avon does not face the same parking issues. 3. More complicated cases require more court tina.e and attention, That added time does not translate directly in higher f nes. 4. The Judge's primary concern needs to be dispensing justice not generating income. Recommendations; 1. The Council may increase court costs from the current $15.00. The upper limit is $25.00 for court costs. Many municipal courts are in the $20.00 to $25.00 range. 2. The Court can increase the penalty assessment amounts for traffic violations. 3. The Village at Avon could be assessed its pro rata share of the court budget based upon the number of cases generated from that area. Alternative: 1. Leave court costs at the same level. 2. write cases generated in the Village at Avon into the Eagle County Court, a. There are hidden costs and diminished eff ciency in this option. Ta: honorable Mayor and Town Council 'ram: Buck Allen, Municipal Judge Date: March 1, ~ao5 R.e: Traffic enforcement on -'70 Summary: 1. Currently there is minimal traffic enforcement on ~-~0. with limited enforcement, a large number of drivers are exceeding the speed lirnit through Avon and the rest of ~,agle County. 3. There have been speed related deaths among young people on Z-~o in the general Avon area. 4. Bven a limited Avon Police presence on -'70 would help deter speeding. Discussion: 1. Currently there is little enforcement all along 1-'~0. even writing as little as three six point tickets a day on the interstate would establish a presence on I-70. 3. A six point penalty assessment ticket carries with it a fine of $15.00. Three six point tickets a day generate $116,540 in fines per year. Reconam.endation: 1. ~xplare the possibility of limited traffic enforce~.ent an ~~70. 2. This is becoming an issue of public health and safety. To: Honorable Mayor and Town Council Thru. Larry Brooks, Town Manager Jacquie Halburn~, Asst. Town Manager ~ .ry .P~~ From: Patty Mcl~enny, Town Clerk Dade: April 6, X405 Re: Avon ~lemen~ary School ~ Gore Range lyatural Science School Summary: Attached are memos from both Avon elementary School staff & the Gore Range Natural Science School. Also enclosed in your notebook is the 2DD4 Annual Report from the Gore Range School. AVON ELEMENTARY SCHOOL PRESENTATION 4/6105 AVON TOWN COUNCIL On April 12 at 5:30, Avon Elementary School has the pleasure of presenting to the Town of Avon Board. Our objective is two-fold; we are enthusiastic about this forum, for presenting to our community of Avon, a current and accurate profile of our Pre-school thru 5th Grade educational programs. Our desired outcome is to promote enrollment at Avon as an excellent school of choice. Secondly, we are as enthusiastic about building a viable and .ongoing partnership with our Town Council. It is with strong community support that AES continues to achieve our goals. Your presenters today are Ms.Barbara Collins, Principal/ Ms.Gay Cotter, Assistant Principal/ and Ms.I~eather Eberts, Master Teacher and Amy Guercio, Technology Teacher. Bi-lingual Natural Science l~ducation Program Funding Proposal for the "Yawn of Avon Summary The Gore Range Natural Science School ~"GRNSS"} is seeking support from the Town of Avon for a bi-lingual Science L,iterac In-School Advancement Pro rare. the "In-School Program"} far Avon Elementary School, GRNSS has been working with Barbara Collins to establish this program and she believes that the In-School Program will help improve academic achievement and language acquisition while increasing the students' sense of community involvement., 'The [lpportunity GR.NS S believes that the request of Avon Elementary presents it with an exceptional opportunity to further its mission to wise environmental awareness and inspire stewardship through natural science learning experiences in Colarad~'s Rocky ..Mountain ecasysten~. Providing natural science education to elementary school students who will be the parents, voters and community leaders of tomorrow, is of particular concern in the Eagle River Valley, where .our quality of life and the local economy are so closely tied to the natural envirozu~n.ent. The 4b~ective The objective of the In-School Program. is to expand. upon GRNSS' traditional f eld courses by establishing along-term, multi-disciplinary and standards-based. approach that wi11: • Advance core curriculum learning while facilitating English language acquisition • Connect students to their own `backyards' • Generate measurable academic outcomes • Increase by 30% the number of local youth GRNSS currently serves. • Create a successful in-school model that GRNSS can expand throughout ECSD • Raise environmental awareness and inspire stewardship The Program Through weekly classes that use the natural environment as ~ integrating context, students will: ■ Study their environra.ent ■ Understand the ecology of their mountains Become more involved in their com~.unity through long-term investigations Be better prepared in the future for State-mandated 5t~' grade science assessments ■ Make connections with Mexico, Central and South America through bird migration studies Program Impact The Program would continue to integrate outdoor learning over the course of the academic year, and would peach ull 300+ students at Avon Elementary, not just the Sty graders who currently participate in a GRNSS forest ecology program. Since 1998, GRNSS has had 2,875 contact hours with 511 Avon Elementar 5~~' rode students y g through Its ~ Wday Forest Ecology program. the In School Program would result in a doublin g of those contact hours within two years, and would establish a new, cost e ective, lon term ff g model o, f natural science education ~n the Valley. Program wa~uat~on GRNSS has been providing academically rigorous outdoor natural science education to students ~n Eagle County and surrounding areas since 1998. GRNSS' programs com lerr~ent traditional p classroom education, are aligned with state and district curriculum standards and have been shown to increase scientific literacy GRNSS multi~day programs are having a positive impact on student performance. In 200 the Daniels Fund of Colorado helped GRASS launch an assessment program that measures students' interest, proficiency and satisfaction related to natural science materials resented in the 5~~' rode p g forest ecology and 7 grade biodiversity field courses. GRI~SS primary measurement tools are grade-specif c prelpost tests that correlate with standards in math, science and eo rah . ~n the g g p Y rst year of evaluation, GRNSS showed that student scent~fic literacy increased across both 5 and 7~~ graders by 1 G percent. Last academic ear these scores im. rov th y p ed to 18 percent for 5 graders and to 25 percent far 7 graders. Program mplen~entation The Program for Avon Elementary will be implemented in two phases: • Phase 1 ~---March to August 2.005: Planning and development of the Program, to include the hiring of a bilingual In-School lead educator, grade-specific ~1~t through 5t~~ rode , g ~ curriculum development and adaptation and course scheduling. • Phase 2 -August 2005 through June X007: ~mplen~entation of the Program across all rode g levels. Pragra~ Pund~ng In order to create the Avon fin-School Program, funding is being sought from a varlet of y individual, foundation, corporate and government grants. A detailed bud et is available a on g p request. A commitment of $.0,000 from the George Family Foundation has already been received as the leadership gift. Bill and Penny George are residents of Avon. GRNSS respectfully requests a contribution of $10,000 from the Town of Avan in su ort of this pp program. T~: .Honorable Mayor and Town Council Thru~ Larry Brooks, Tawn Manager ~ r4 n1 ~ Norman Wood, Tawn. Engineer Da~~: .April 2005 Resolution No. OS-~ 1- A Resolution Approving Subdivision Variance and Preliminary Plan for The Village fat Avon Filing 4, Town of Avon, Eagle County, Colorado ~.Applicat~on Withdrawn by A,pp~cant} ~un1n1a Action on Resolution Na. 05-11 A Resolution A rovin Subdivision ~ ~ pp g Variance and Preliminary Plan for The Village fat Avon} Filing 4, Town of Avon, Eagle County, Colorado was tabled following the Public Hearing at the March 22, 2005, Town Council meeting. Munsey L. Ayers, Esquire, attorney for the Applicant, submitted tl~e attached e-mail correspondence withdrawing their application for preliminary plan and corresponding variance approval. With the withdrawal of this application following tabling, no action is required. However, the correspondence indicates that a representative of the applicant will be present to confirm the applicant's withdrawal and address other matters that may require a response from the applicant. Na action by Council is required. Tawn Mana er ~om~nents: AttaChm~ntS~ l . Co~°espondence - Withdrawal of Application 2. Application Material -March 22, 2005, Council Packet Message Page 1 of ~ Norman wood From; Ayers, Munsey L. [munsey a~ojrnr,comj Sent vUednesday, April Q6, ~D05 3:15 PM Tow John Dunn email Cc: Larry Braaks; Norman Wood; danleary a~traercreek.com; magnuslindholm~a traercreek.com; sliper a~alpinecivil.com Subject: The Village fat Avon Filing 4 -Traer Creek Run Mr. Dunn; Traer Greek RP LLC, the applicant for The Village fat Avon} Filing 4 -Traer Creek Run preliminary plan and associated variance request ~Resvlution No, 05-11 }has, after internal consideration and consultation with the Town Staff, decided to withdraw the applications at this time. Please accept this email correspondence as authorization forwithdrawal of the applications. As we have discussed, the matter was continued from the March ~2, ~go5, public hearing and, for that reason, will need to be on the agenda far the April 12, 20D5, public hearing. A representative of Traer Creek RP LLC will be present at that hearing in orderto confirm the applicant's withdrawal afthe applications, and to address any other matters that may require a response from the applicant, I also would like to acknowledge you and the staff for the effort committed to Phis matter, and far your cooperation in the process to this point. That work will pay dividends as the developer, staff and council continue to work together to assure that The Village fat Avon} is developed in a rational, cooperative and successful .manner, Best Regards, iVtunsey L, Ayers, Esq. ~tten, Johnson, Robinson, Nett' & Ragonetti, P.~'. 950 Seventeenth Street suite ~~oo Denver, CU 80202 .Phone: X303} 825-8400 [direst 303.575.7555] Faxe X303) 825-h525 1Vvte view email address: r~~~r~,~~c~~~~c3tt~~~jol~r~,~r~ra,c~~~~ ~rtltl~o~c~lz the old ajr~~r.co~ri address will cot~tittue to work for the imni~d~ate, ft~tur~,Tease ~~pda~te your r~ec~or~d~s ur~d ~e~rr'~~ zrsixig the ~Te~v otteujoli~ison.com address) 4l~1~t}~5 TD: l~onara~ble Mayor and Town Council Th rU: Larry Brooks, Town 1Vanager From: Norman woad Tawn En ineer g Date: ll~arch 5, 205 Fie: Resolutian Na. 05-11- A Resalution A rovin Subdivision Variance and pp g Preliminary Plan for The Village fat Avon} Filing 4, Town of Avon, Eagle County, Colorado Public Hearng~ Summary: Traer Creek RP LLC has submitted an application far a Subdivision Variance and Subdivisian Preliminary Plan approval for The Village fat Avan} Filing 4, A Subdivision of the Southwest of the Northwest of Section S, Township 5 South, Range S l Nest of the Principal Meridian and a Resubdivision of Tract ~ The Villa e at Avan g~ } Filing 3, all in the Town of Avon, Eagle County, Colorado. The proposed subdivision will create aright-of way for the installation of a water service main and future public road, a site for a two million gallon eatable water storage tank and drainage easements for natural stream flow and wetland mitigation. The requested variance is to allow an increase in maximum rand grade to 9.5% fram the S.5% stipulated in The Villa e , at Avan PUD Guide for the g~ } } portion of Nottingham Ranch Road currently proposed as Traer Creek Run} located north of i-70 and maintained by the Town of Avan, The PtTD Guide allows a maximum grade of 10% for sections of this road not maintained by the Town of Avon. Resolution ~5- l l approves the requested Subdivision Variance and Preliminary Plat subject to specif ed conditions for proceeding to final plat and to maintain consistency with The Village fat Avon} PAD Guide. we recommend approval of Resolution No. 05-1 1, A Resolution Approving Subdivision Variance and Preliminary Plan for the Village fat Avon} Filing 4, Town of Avon, .Eagle County, Colorado. I Sao kg ro u n d: The Village fat Avon} PUD Guide includes the following: Deli and Im rovement Standards. Development within The Village fat 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 modif cations for roads located north of Interstate 1~Iighway 70 not maintained by the Town of Avon ~i} Minimum Driving width: 22 feet ~ii~ Minimum Shoulder width - each Side: ~ foot paved ~ 1 ~ .Shoulders shall not be required if curb, gutter and sidewalk is installed, ~iii~ Design Speed: Z5 m.iles per hour ~iv~ Maximum Grade: 1 D~/~ ~v~ Minimum Curve Radius: ~5 feet Zvi} Minimum Site Distance: 150 feet vii} Cul-de-sacs may exceed one thousand feet X1,000'} in length and serve not more than 28D residential units; provided however, that the portion of the cu- de-sac that is in excess of 1,000' shall not service .commercial uses. fib} Roadway standard modif cations for roads located south of Interstate Highway ~0 and roads maintained by the Town of Avon: ~i} Shoulders shall not be required if curb, gutter and sidewalk are installed. iii} Median areas shall not require a sidewalk and, if curb and gutter is installed, shall not require a shoulder, viii} Maximum Grade: 8 % 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 ~ °/a. D~~CU~Slo~1: 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: ~ l } 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 °/a for C:I~ngineeringlAvan villagelS.D .Filing 4lS.4 Prcliminary Pla~1lRes Q5-I 1 Mema-1.Dac ~ focal 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 7Q to the steeper portions of the terrain north of I-~70 and the rand being extended Post Boulevard} passing beneath ~-70 eliminates the possibility of grading Traer Creek Run at a maximum of S Contributing to the grade is the CDGT 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 S % grade." whether the provisions of the regulations from which relief is requested are not materially irr~portant, 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 fat Avon} PUD Guide for roads located north of Interstate Highway ~0 not maintained by the Town of Avon. Approval of the requested variance to allow an increase in maximum road grade from S.5% to 9.5% for the portion of Nottingham Ranch Road currently proposed as Traer Creek Runk located north of I~~'~ 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 ~Z}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 fallowing condition of approval is recon~nended to assure that the granting of the variance remains consistent with the intent of the Annexation and Development Agreement and the PtTD Guide: ~ 1 } '~raer Creek Run maybe constructed to a maximum grade of 9.~ may exceed one thousand feet ~1,~0~'~ in length and serve not more than ~8~ residential units; provided however, that the portion of Traer Creek Run that is in excess of I,QoO' 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 :I~,MF-3 I:lEn~ineeringlAvon vil~age15.0 Filing 415.4 Prelimi~a~ry PIanlRes ~5-11 Memo-1.Doc ~ as depicted on The Village fat Avant PtTIJ.Development Plan and an alter~aate route will be required for access to future development an Planning Area M,} Subdivlslon ~Prelin~inary Plan}: ~ l ~ 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. } The Town Council may continue consideration of the preliminary plan for a reasonable tune to same date certain, but not to exceed thirty-five X35}days, Fallowing not .ore than one ~ l ~ 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-f ve ~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. ~'~nanea ~rnplcatons: There are no financial implications associated. with the granting or denial of this variance request. Recomrnendat~on: we recommend approval ofResolution Na. 05-1 1, A Resolution Approving Subdivision Variance and Preliminary Plan for the Village fat Avant Filing 4, Town of Avon, Eagle County, Colorado, AlternatYes: if following the Public fearing, Tawn Council does not concur with the findings and actions contained in Resolution ~o. 05~ l 1, we recozu~n.end they table action on Resalutian ~o. 05-11 until the next regular council meeting and provide specif c f ndings and actions for incorporation into an Amended Resolution for consideration at the next regular meeting. roposed Motion: ~ move to approve Resolution No. 05-11, A Resolution Approving Subdivision Variance and Preliminary Plan for T'he Village fat Avon} Filing 4, Town of Avon, Eagle County, Colorado Attachments: Attachment A Resolution Igo. 05- l l .Attachment ~ ~-Preliminary Plan Subdivision .Application Attachment C Variance Application Attachment D -Letter March 14, X0051 Technical Comments Tawn Manager Comments: l:ll~ngineeri~~gl~von vi~lagel5,~ .Filing 415,E Preliminary Pla~alRe~ ~5-11 Memo-l.Doc 4 i TOWN OF AVON RESOLtTION NO.05-I1 Series of 2005 A RESOLUTION APPROVING SUBDIVISION VARIANCE AND PRELIMINARY PLAN FOR THE . VILLAGE SAT AVON} FILING 4, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Traer Creek RP LLC, the owner of the applicable portion of The Village fat Avon has applied for a Subdivision Variance and Preliminary Plan approval for The Village fat Avon} Filing 4, A Subdivision of the Southwest 1/~., Northwest I/~., Section Township 5 South, Range $1 west of .the Principal 1Vleridian and a Resubdivision of Tract H, The Village fat Avon Filing 3, all in the Town of Avon, Eagle County Colorado, in accordance with Chapter 1~.~0 of the Avon Municipal Code; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the Annexation and Development Agreement dated October 13,1995 and any amendments or modifications thereto; and WHEREAS, The Preliminary Plan is subject to the terms and conditions of the P.U.I]. Development f Sketch Plan dated October 13,199$ and any amendments or modifications thereto; and WHEREAS, said Variance application is to allow an increase in the ~.aximun~ road grade from 5.5% as stipulated in the Annexation and Development Agreement for that portion of Traer Creek Run ~Nattingham Ranch R.aad~ 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: l ~ A strict, literal application of the subdivision regulations would result in an undue hardship to the subdivider due to the purpose, sire, shape location and character of the proposed subdivision; Z~ The provisions of the regulations from which relief is requested are not rraaterially 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 Tawn has provided public notice in accordance with Section 16.2Q.0~'D to all owners within three hundred feet of The Village fat Avant Filing 4 and pasted notices of the tune 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 tl~e Town Council considered such evidence and testimony. N[]W, THEREFURE, BE IT RES~EVED BY THE T(~'WN C[~UNCIL~ [~F THE TOWN OF AV(JN, C~E4RAD~3, that the Town hereby finds and determines that the Proposed Subdivision Variance and Preliminary Plan for The Village fat 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, ~ 998, the terms of the P.U.D. Develapment 1 Sketch Plan dated Gctober 13,1995 and all subsequent a~.endments 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 n~aximun grade of 9.~ °Io, may exceed one thousand feet ~1,ao0'~ in length and serve not more than ~$D residential units; provided however, that the portion of Traer Creek Run that is in excess of 1,DDD' beyond the Swift Gulch Road intersection shall not service co~nn~ercial uses, Traer Creek Run is hereby limited to serving Planning Area N Community Park}, the Single-Fanr~ily Lots and Planning Area R.MF-3 as depicted on The Village fat Avon PUD Development Plan and an alternate route will be required for access to future development on Planning Area M.} Z. Completion of technical corrections identified by staff, including but not limited to those in letter of March 14, 24D5 regarding Traer Creep Run and Two Million Gallon Water Storage Tank Preliminary Plans. ADUPTED THIS DAY aF March Z00~. TU~VN COUNCIE TUWN ~F AVON, C[IL~RADU Ronald C, Wolfe, Mayor ATTEST. Patty McRenny, Town Clerk I Subdivision Fee: ~ coLaR~Do A licant: ~ ~ Pp ~ L_ ~ ~ Mailing Address: City: State: ~ Zip: 81~ Phone _ Fax - • - Cell owner of Property: ~ ~ Mailing Address: , , ~ , City: r , State: r ~ Zip: , Phone ~ ~ Fax r ~ Cell ~ t Lot: Block:~Subdivision: Project Street Address: Project Name ' *Note: If the parcel has not previously been platted, please attach on a se orate sheet a p Meets B~ Bounds Description. Type of Subdivision: ❑ Minor Subdivision ❑ Condominium Subdivision Duplex Subdivision ~ Land Subdivision Timeshare Sub ' ' ' ❑ d~v~s~on Type of Plat Approval Being Requested: Amended Final Plat ❑ Sketch Plan Prel~m~nary Plan C~ Final Plat *Note: All subdivsions other than Minor and Du lex Subdivisions are re ~~a~ p qu~red c Preliminary Flan approv~rior to Final Plat. ~I'~"lunl ~~velo n ~ ~ I ~we~ represent that all information provided to the Town of Avon. in connection with this a ' ppl~cat~on as true and correct, that I (we) understand the Town of Avan regulations applicable to this ro'ect PJ and understand that i~camplete sarb~rittals will delay application review. Dwner deli Hates A li- . g pP cant as ~nd~cated to act as owner s representative in all application submittals related to this ro'e . p Applicant: ~ Dwne~r: (Print l~`ame~: Print Dame}: Date Date: Camm~nit~ Development, P.a. Box 97'5 Avan, Co 81620 {9~0~748~t030 Fax X970)949-5749 rev. 12I27f01 } Page 1 of Z Lot: Block: Subdivision: Project Address. Project Name: Review Fee~s~; All Applications: ~ Four sets of Z4" x 36" plans ❑ Three ~3} copies of the completed subdivision application farm -submit separate applications for preliminary and final plats ❑ Fees Candominiun~s and Duplex Subdivisions: C~ Three ~3} copies of any applicable Master Declarations, Condo Declarations or Party wall Agreements Recording Requirements: ❑ Two sets of rnylars and Master Declarations, Condo Declarations or Partywall Agreements which are fully executed and signed, including recording fees. Additional Requirements: Preliminary Flat Applications - 4 Units or more: C;~ Master List of all property owners within 3DD feet with adequate legal descriptions provided by a title company C; ~ Original Copy of Public bearing Notice ❑ Stamped and addressed envelops far all property owners within 3t1~ feet -metered mail cannot be accepted Reviewed by: C~ 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 tune constraints we can only accept complete applications, Help us avoid delays by giving us clear, complete plans and applications. ~f you have any questions, please call us at X970} 7484430. Comm~niry Development, P.Q. Box 975 Avon, C4 81 b2fl ~97a}~48-4~3U Pax [970949.5749 rev, 12127101 } Page 2 of 2 r ~~PINE ENGI~IEERI'NG,NC, February 28, 2DD5 Mr. Norman Wavd, P.E. Town Engineer P.n. Box 975 Avon, C4 81620 Re: The Village fat Avon} Filing 4 Traer Greek Run Subdivision Variance Application -Grades Dear Mr. Wood, an behalf of Traer Creek RP LLC, we respectfully request the following variance: Name of Development: The Village fat Avon} Filing 4 Location: North of I70 at Wm. J. Post Boulevard Interchange Size: 101.253 acres mare or less Name and Address of Uwner: Traer Creek RP LLC P.O. Box 640 Vail, G~ 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 fvr 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 afthe close proximity of Interstate 70 tv the steeper portions of the terrain north of I70 and the road being extended (Post Boulevard) passing beneath I70 eliminates the possibility of grading Traer Creek Run at a maximum of $°/Q. Contributing to the grade is the CI~t~T 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°/a grade. TaWN COUNCIL ACTIaN Received this day of 2005 By: The within request for Variance granted, denied} this day of 2005 for the following reasons: T4~''N CUUNCIL OF AVUN By. Mayor ATTEST: Town Clerk Sincerel , ichael J. Sliper, PE Cc; Erik Peterson, Eric Applegate Edwards Business Center • P~. Box 97 = Edwards, Colorado 81fi3~ • X970) 9~fi-3373 = Fax ~~70~ 92fi~339o ~ f Post D,~r"ce $ox 975 4Da Pench~nark Road Avon, Co~arado 81b~a . 9aa- a4~-4aaa caLORADO 97a-949-9.139~"a,~ March 14, 2005 ~aa-s4s-aaa~ ~ Michael J. Super, P.E. Alpine Engineering, Inc. P.Q. Box 9? . Edwards CC] 81632 . Fax: 9~'0-926-3390 Re: The Village fat Avon} Filing 4, Preliminary Plat Dear Mike: The folo~ing comments are in response to our review of the revised Preliminary Plat, Variance Request and corresponding documentation for The Village fat 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 andlor building permits, Traer Creek Run and 2 Million Gallon 'Water Storage Tank Preliminary Plans 1. Ali slopes should be redesigned to a maximum slope of 2 ; 1, Due to existing field conditions this nay require the lengthening of some drainage structures and the installation of additional retaining walls. 2. 0n 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 " 5. Please ensure that the proposed ire 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. I:IEnineering~Avon VillagelS.~ 1~iling ~IS.4 Preliminary PIanlReview Comments-3.Dpc 1 } March 14, ~~45 We have mailed Notices for Public Hearing on Preliminary Plan for the March 2Z, 2005, Avon Town Council Meeting. These items will be considered as technical corrections to be completed prior to submission of Final Plat andlor construction plans for grading or building permits. t should also be noted that additional comments or conditions maybe forthcoming fallowing the Public Hearing and Council action on this Application, ~f you have any questions regarding this matter do not hesitate to contact me. Sincerely, Norman Woad, P. . Town Engineer 1 Cc: Eric Peterson Fax: 9~0~?4$-$900 Tambi ~.atieb Eric ~eidemann Larry Brooks 1:1~ngineeringlAvan Village15.0 Filing 415.4 Preliminary PianlReview Comments-3.Doc ~ ~ ~ ~ ~ To. Honorable Mayor and Town Council Tlara: Larry Brooks, Town Manager From; Scott Wright, Finance Directo Date; April 7, ZDDS Re: Budget Resolution No. 05-14 A budget amendment is proposed to the General Fund for three items as discussed below resulting in a net increase to the Town's estimated endin fund balance in g the amount of $4,849. Previous ~auncii Action: Council previously approved an amendment of $ZD,DDD to ~.e Town Mann er's contin enc g g Y budget for potential mitigation casts on Metcalf Road related to truck deliveries. In addition Council also approved the Recreation Department's request for fundin of a new s in bike g p program.. Ba kk round: S~ pin Bike .~rog~a~. In previous Council discussions regarding the s in bike ro am Council p p reconunended that staff pursue lease purchasing the bikes. Subsequent to that discussion wells Fargo Bank has indicated to staff that the cost of the bikes x$8,95 L21 is well below their minimum lease purchase requirement of $25,DDD. The vendor for the s in bikes Fitness p Systems, Inc., also offers a lease purchase option. I3owever, the cost difference between purchasing the bikes outright and a 3-year lease is $2,2D9 which is e uivalent to an interest o ~ rate of 14.93 /o. ~ could not, in good conscience, recommend purchasin the s in bikes in this g p manner. Therefore, the portion of this proposed budget amendment regardin the s in bike ro any g p p zncludes an appropriation for an outright purchase of the bikes in the amount of $8 951. The impact to the Town's fund balance in 20D5 for this program is a net decrease of $5151. Page ~ i Transit Funding. This budget amendment also includes a reduction in the General Fund's subsidy to the Transit Fund due to the $1 QO,QOO contribution from FCa that was approved b y their board earlier in the year. tecon~mendaton: Staff recommends that Council approve the budget resolution as presented. Tawn Mana er Comments: ~~F~~ Attachments: A -Resolution No. 05-~ 4 B General Fund Amendment No. 05-14 • Page 2 REsaLUToN No~ 45-14 sER1Es OF 2445 A RESOLUTION TO AMEND THE 20D5 TOwN OF AVON BUDGET A RESOLUTION SUMIVIAR.T~ING EXPENDITURES AND REVENUES BY FOND AND AMENDING THE 2045 BUDGET FOR THE TOwN OF AVON, COLORADO, FOR. THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2D05, AND ENDING ON THE LAST DAY OF DECEMBER, 2005. w/3EREAS, the 'Town Council of the Town of Avon has adopted the 2445 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 2405; and WHEREAS, whatever increases may have been made in the expenditures, life 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 AVGN, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2045: Original or Current Previously Proposed Amended Amended f MAIM ~ D V (y~/ Q O Bind e_t Bind e_tA General Fund Beginning Fund Balance $ 3,850,135 $ 3,584,135 Revenues and Other Sources 10,413,78 10,420,815 Expenditures and Other Uses 10 418 356 1 D 35D 347 Ending Fund Balance 3 875 75'~ 3A 95D 606 I.~A.~~_ 1 h 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 sham be signed by the Town Manager and made part of the pubic record of the Town. ADUPTED this 1 da of A ril 2005. y p TQW~ QF AVC~N~, CQLQRADCJ Ronald C. wo~fe, Mayor ATTEST: Patty Mc~enny, Town Clerk 2 .t . genera Fund ~~4 Amendment ~4 ~a uni`\~;4,\~3`ap v£ ~ D,,,v ~yv4 > ~v -4~: ~ n++~ ,rw~,'. ~ v uv ~ . tali .d 3r',,+)+:§3~a~.v .s r. , R 'oar,.., ....4~ ~~i , ~ ` ~;>y ~ ~~'v:; b ~ ~t .~,~v~ ..~t~, c~Kal.,\,. ~.v~,. ~<.v .,..va. .yv y~~\a ~,Fb \e~~`.v.. y4~ ....e 4 5\a+~,„r. bM ~~•~J~,,n*u -~l r);,~'.. •Cv-: ~v~~~a~ S, .,•.:,..~o,•~``~,f~•.~,•.~,vv~~bv~<r~»r,~ ~C ~,ti~~~v~ti~~. ~~v `\\~.~C~~+'.v~ \~`~Cwyw \a~i~t i~~(' t ~ v N ~ Y Finn! t7riginal or Current Revised Prev. Amend. Proposed Difference Actual Budget Budget Amendment Increase 2003 2004 2005 2005 ~Decreasej REVENUES - Taxes $ 6,396,695 $ 6,530,877 $ 7,017,344 $ 7,017,344 ~ Licenses and Permits 186,948 213,600 136,600 136,600 - Intergavernmental 623,070 697,440 693,099 693,D99 - Charges for Services 1,655,017 1,876,089 1,965,579 1,972,419 6,840 Fines and Forfeitures 56,865 50,750 50,750 50,750 - Investment Earnings 102,573 125,000 150,000 150,000 - 4therRevenue 265,698 234,702 272,106 272,106 - Total Qperating Revenues 9,286,862 - 9,727,958 10,285,478 10,292,318 6,840 Uther Sources Sales of Fixed Assets 378 1,500 1,500 1,500 Transfer-In Fram Capital Projects Fund 200,000 50,000 50,000 50,000 Capital Lease Proceeds 339,000 75,800 77,040 77,000 - Total Other Sources 539,878 127,300 128,500 128,500 - TOTAL REVENUES $ 9,826,240 $ 9,855,258 $ 10,413,978 $ 10,420,818 $ 6,840 EXPENDITURES General Government $ 1,432,538 $ 1,584,847 $ 1,673,519 $ 1,698,519 $ 20,000 Community Development 416,569 ,507,129 523,281 523,231 - PublicSafety 1,557,109 1,648,650 1,712,244 1,712,244 - Public V1lorks 2,515,157 2,629,455. 2,799,207 2,799,207 - Recreation and Culture 1,939,224 2,040,771 2,111,853 2,123,844 11,991 Total Qperating Expenditures 7,860,597 8,410,852 8,820,054 8,852,045 31,991 Other Uses Transfers-out to Mall Maintenance - - 15,000 15,000 - Transfers-flat to Debt Service 480,120 480,120 482,615 482,615 - Transfers-Dut to IlVildridge SID _ 2,500 8,000 $,000 Transfers-out to Finance Authority 140,059 137,999 132,687 132,687 - Transfers-Uut to Transit 700,000 390,000 800,000 700,000 ~100,00oj Transfers-Qut to Sherwood Meadows 150,000 123,964 - _ _ Transfers-out to Fleet Maintenance 220,000 190,000 160,000 160,000 - Total ether Uses 1,690,179 1,324,583 1,598,302 1,498,302 (100,oD0j TOTAL EXPENDITURES 9,550,776 9,735,435 10,418,356 10,350,347 (68,009) NET 54URC~ ~USEj OF FUNDS 275,464 119,823 ~4,378j 70,471 74,849 FUND BALANCES, Beginning of Year 3,484,848 3,760,312 3,880,135 3,880,135 - FUND BALANGE5, End of Year $ 3,760,392 $ 3,880,135 $ 3,875,757 $ 3,950,606 $ 74,849 Page 1 v general ~u~nd 0 Amendment #4 ,~.a .ti C .....5 , ,v :a: . C \ Y.f~ \ ''S?:1 ; t• ~ y v:}; r~yv.nry' ..ld'i y+~ ~~`>f 11 rr ~~aMS;:w.u.,c .f,c, s J rte t y. ......:......w,. .a M ~ .,.,,s+SvM:,~a~+'`'~+: s , M?,~ .tihrM~: ~ :nv.,v.,a l».; 7'~,\ C ✓ ~ \ t \e... Final Original ar Current Revised Prev. Amend. Proposed Difference Account Actual Budget Budget Amendment Increase Number Description 2003 2804 2445 2005 ~Decrease~ Taxes: 51101 General Property Tax $ 1,294,023 $ 1,309,558 $ 1,370,489 $ 1,310,489 $ - 51142 General Property Tax -Delinquent Collections - 100 100 140 - 51143 General Property Tax -Interest 2,042 1,500 1,500 1,5gq - 51241 Specific Ownership Tax 141,160 155,044 155,400 155,000 - 51301 Sales Tax 4,125,558 3,989,977 4,106,318 4,106,378 - 51302 Utility Tax 110,981 125,844 130,804 13q,00q - 51303 Accommodation Tax - - 322,400 322,400 - 51304 Penalties and Interest 18,407 15,000 15,000 15,000 - 51305 Sales Tax Audit Assessments - - 24,gOq 20,000 - 51346 Payments ln-Lieu-Df Sales Tax 449,231 629,242 570,477 516,411 - 51402 Franchise Fees 245,493 305,000 320,400 320,440 - 51000 Total Taxes 6,396,695 6,530,317 1,417,344 7,017,344 - Licenses and Permits: 52101 Liquor Licenses 5,136 3,500 3,500 3,500 - 52142 Business Licenses 20,415 20,040 20,404 20,000 - 52103 Contractor's Licenses 13,715 10,000 10,000 10,400 - 52201 Building Permits 111,951 150,000 82,000 82,000 - 52203 Plumbing Permits 12,990 12,044 7,500 7,544 - 52204 Mechanical Permits 14,99.2 12,000 7,500 1,500 - 52245 Road Cut Permits 1,149 6,040 6,000 6,004 ~ - 52206 Other Licenses and Permits - 100 100 100 - 520U0 Total Licenses and Permits 186,948 213,600 130,600 136,600 - Intergovernmental. Federal Grants: 53199 Other Federal Grants 15,151 8,644 - - - Subtotal: Federal Grants 15,151 8,640 - - - State Grants 53299 Other 11,212 12,000 9,954 9,954 - Subtotal: State Grants 11,212 12,444 9,954 9,954 - StatelCaunty Shared Revenue: 53301 Canservatinn Trust 53,824 53,004 53,000 53,000 - 53302 Motor Vehicle Registration 20,261 20,000 24,044 20,004 - 53303 Highway User`s Tax 141,582 141,759 141,645 147,645 - 53304 Cigarette Tax 35,255 3x,000 35,000 35,000 - 53345 County Sales Tax 224,836 344,541 305,000 305,000 - 53346 Road & Bridge Fund 120,949 122,500 122,500 122,500 - Subtotal, Shared Revenue 590,107 675,804 683,145 683,145 - 53800 Total lntergavernmental 623,070 691,440 693,099 693,099 - Page 2 v general F'~und Arnendn~ent #4 1 s..,.. v v. , u ~ , , , .w\ : `C J~ 3.., ai' tiZ Y ^3 ..aa.... : v 0.V . 1\ :..w v \z v v M., .,..v \ ~.RSC) ~ : -t.:,. . a~ ~ \v \ v v ~ ~ Y . : .,..r 1.v \v.. ~ ~ \ v . h, .`Zvi .4+iA' ~w~`$,...r?rA, ,;sr,,,.. ; C ~11~...,. ? ~ , l,, ~v 1\v.. , ..::.:..t~.,,~~~fr~ r..:.:~) ~ o~ .v jr , ,v, • « n~.n' ~ \ 1 ~ S v XY f r:1 w.+arA,a.,,., .t~,r. .n.av0 \1t~.>.v~, .»,,.,.,.«a~\~.~~.,,\. .....v~~ti.,,,~., u:..,.,>..v .:..~::~$~/.FtiM~?~i , Final ~r~g~nal Dr 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 Safe of Map and Publications 351 5DD 500 5D0 - 54102 Photocopying Charges 1,483 1,500 1,500 1,500 - 54103 License Nearing Fees 100 1 DO 100 100 - 54104 Other Fees and Charges 1,844 1,5D0 1,500 1,5DD - 54201 Plan Check Fees 98,549 85,ODD 59,8DD 59,8DD - 54202 Subdivision Review Fees 218,058 94,000 15,ODD 15,000 - 54203 Design Review Fees 34,305 20,OD0 9 S,OOD 15,OD0 - 54204 Animal Control Fees 120 120 1 DO 1 OD - 54205 Abatement Services 1,535 1DD 100 100 - 54301 Police Reports 6,D32 6,OOD 6,000 6,000 - 54302 Police Contract Services 4,793 6,750 6,750 6,150 - 54303 Fingerprinting Fees 1,872 2,500 2,500 2,500 - 543D4 V1N Inspection Fees 11,718 17,750 17,150 17,750 - 54305 False Alarm FeeslMisc Police Dept Fees - - _ _ _ - 54452 Sherwood Meadows Maintenance Charges 1,531 - - - - 54453 lfillage at (Avant Municipal Services 143,310 396,005 529,268 521,26$ - 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 Pragram Fees 39,148 4D,546 40,546 47,386 6,840 54603 Rentals 3,192 500 4,000 4,D00 - 54604 Merchandise Sales 8,111 10,400 10,4DD 10,4DD - 54605 Childcare 12,711 17,ODD 17,000 97,D00 - 54606 Rec Center Services 16,292 17,D00 17',000 17,000 - 54607 Fitness Program Revenues 8,626 6,554 8,947 8,947 - 54608 Locker Rental 150 9 50 300 300 - OtherRecreation: 54659 Adult Pragram Revenues 14,770 14,720 15,740 15,740 - 54652 Cabin Equipment Rentals 38,119 3D,6D0 30,60D 30,600 - 54653 Athletic Field Rentals 2,224 4,DDD 3,000 3,000 - 54654 Cabin CancessiDns 5,223 4,000 5,000 5,000 - 54655 Youth Pragram Revenues 71,344 50,000 61,720 61,720 - 54676 Sponsorships 50,05D 72,000 82,000 82,DDD - 54677 Advertisements 3,750 5,000 5,D00 5,D00 - 54678 Event Fees 19,586 18,000 18,000 18,000 - Subtotal: Recreation 1,129,486 1,244,264 1,317,719 1,324,551 6,840 4QpQ Total Charges for Services 1,655,017 1,876,089 1,965,579 1,97'2,419 6,84D Page 3 r General Fund Amendment ~4 s, v ,.,,,aut,.. - . v v ♦o v v v ~ :R: vu». .v4 ~ u3>c■ ,:,~~.Y ~".,c AG aV.~.'.::~::... ~b r, ;1•n; vvy.~Q'l.,.•✓l t „y~'w~:v J4\. , , M \ ` \ ~ ~ + e. v ~ h. , ~i.',: : : .i..n r ; .v. .r.~ „A, \ti~. J... ~ 4.... n ~ 'F ,»Y1 ~ •Z k\ '~S~ii .,.J.\\ 1 , •h~'~ Final original ar Current Revised Prev. Amend. Prapased Difference Account Actual Budget Budget Amendment Increase Number Description 2003 2004 2485 2445 ~Decrease~ Fines and Forfeitures. 551 a1 caurt Fines -Traffic ~ 9,767 15,444 15,n4n ~ 5,44a - 55102 Court Fines -Criminal 26,661 25,004 25,444 25,040 - 559 43 Caurt Fines -Parking 3,351 5,040 5,000 5,000 559 q4 Caurt Fines -General - 544 500 504 - 55145 Court Costs 4,948 4,044 4,004 4,044 - 55106 Jury Fees 35 20q 240 200 - 551 Q1 Band Forfeitures 9q0 900 900 904 - 55148 Miscellaneaus Court Revenues 1,238 150 150 154 - 55000 Total Fines and Farfeitures 56,866 50,750 5q,150 50,750 - Investment Earnings. 57109 Interest 102,573 125,04q 150,040 150,040 - 57000 Total Investment Earnings 102,573 125,400 ~ 150,000 150,000 - Uther Revenues: 58101 Recreational Amenity Fees 89,612 135,978 171,206 1?1,206 - 589 03 Recreational Impact Fee 70,224 - - - - 58106 Community Enhancement Fees ~ 44,767 42,824 45,000 45,004 - 58909 Debt Issuance Fees 20,997 91,904 11,980 11,900 - 58201 Lease afTown-owned Property 1,x04 4,000 4,000 4,440 - 58999 Miscellaneous Nonclassified Revenues 39,493 40,000 40,000 40,400 - 58000 Tvta1 Other Revenues 265,693 234,702 27.2,106 272,106 - 54000 TOTAL REVENGES $ 9,286,862 $ 9,727,958 $ 10,285,478 $ 10,292,318 $ 5,840 Page 4 kt ~enera~ Fund Amendment ~4 •EEE t t ,E "E.t , E \ tt b. 1, a^ an J,\~~ 0\ ,JJ, I,`! J.!~":. ,41 \\r, a ~ '.~'lrC: ,.7~,~.,\.,\,..T IK Y':..¢" 5 ,\u t,::.l. l : r Sr of ~ < v~~v\.~ ~r ; . S+~ tv £ w , \.h v 1 ~ . \ .vr ~ r G \ r~ \ x ~I v+~• \ a r , C^ `~\h ~G r \ ra~'~ ~ , c a r, .~,s , ' ~ r , ~•"S v ; n ' \ J 7 ~a i ? ..,,.~,,:-:::.\~tt~.'\v ~a;~~~ ,.E ,.,.»~a ...a\.,•,~ ~.\hh..,~~,..w.fi', ~ ~a r,. , , v:. ~ „tiara\• r vt~.ai \ xt.~~~o~ fi\<•`nv. r.,..~ ~a,.._.,v :h"~1.~ro•- yR~; ta~Q~:.z3. .,A.~,.t. Final Original or Current Revised Prev. Amend. Proposed Difference Dept,IDiv. Actual Budget Budget Amendment Increase Number Description 2003 2a04 2005 2005 Decrease} General Government: Legislative. 111 Mayor and Town Council $ 92,299 $ 95,752 $ 103,392 $ 1 03,392 $ - 112 Boards and Commissions 11,591 15,842 15,602 15,502 - 118 Tawn Attorney 62,860 1 a6,aaa 80,000 80,000 - 114 Public Relations 75,658 72,890 120,510 12x,510 - 115 Town Clerk 77,842 100,889 91,718 91,118 - Total Legislative 320,250 390,873 411,222 411,222 - ~ludicial: 121 Municipal Court 68,967 77,286 85,318 85,318 - Executive: 131 Tawn Manager 213,099 236,x83 252,254 272,254 20,oaa 132 Human Resources 1 x7,643 113,958 113,518 113,518 - Total Executive 320,742 35a,a41 365,772 385,772 2x,000 !"inance Department. 141 Finance 416,985 451,766 479,409 479,409 142 Information Systems 114,71a 128,761 131,588 131,588 - 149 Nondepartmental 19x,884 186,11a 200,21 a 200,21 a - Total Financial Administration 122,579 766,697 811,207 811,2x1 - Total General Government 1,432,538 1,584,847 1,673,519 1,693,519 2a,aaa Gommunity Development: 211 Administration 10x,926 112,855 129,659 129,659 - 212 Planning 121;173 166,986 21x,712 210,712 - 213 Building Inspection 193,870 227,288 182,860 182,860 - Total Community Development 416,569 5x1,129 523,231 523,231 - Police Department: 311 Administration 262,51 a 27a,55a 278,01 a 278,010 - 312 Patrol 1,131,195 1,286,712 1,336,510 1,336,510 - 313 Investigations 82,3x0 91,328 97,124 97,724 - 315 Neighborhood Services 81,104 - - - - Total Police 1,557,109 1,648,65a 1,712,244 1,712,244 - Page 5 ~ener~l Fund ~~a Amendment ~4 ~yy;# ~ a f-: .a,:; l+;.s~\,, ,ai `yx,„.,.~\1 `a ,':Y +y +a scv»•, y,,:;. 4 \ y. . ~ o, ~•~Y, , ti,Sir;,. 'c'~ ;>fr` Wo, y, \yE. a.., l . , y v) ,a,, cv. 'fit\~y\v`f\u~ ~ 1F,Yic, u ,,p o. 1.... y n +nc:as..aa,~,h..y;y,\. ~a~Cy\\"v°a~.~,C,~, ;:nY. f~.`. ..\~'R~,Y,.y\?.;3~'n y- ~;f: Final Original ar~ Current Revised Prev. Amend. Proposed Difference Dept.lDiv. ~ Actual Budget Budget Amendment [ncrease Number Description 2043 2404 2005 2DD5 (Decrease) Public Works. 411 Administration 927,614 89,5D4 92,174 92,174 - 412 Engineering 336,581 278,031 273,412 278,012 - 413 Roads and Streets 1,457,039 1,127,727 1,2D4,D25 1,244,425 - 414 Facilities Maintenance 289,914 334,542 385,388 385,388 - 415 Pants 704,DD9 799,651 844,608 844,648 - Total Public Works 2,515,157 2,629,455 2,799,207 2,799,207 - Recreation and Culture; a 513 Special Events 183,969 237,333 238,264 238,264 - 514 Administration 333,844 309,844 294,144 294,144 - 515 Adult Programs 83,476 87,242 45,346 45,346 - 59 6 Aquatics 377,424 372,447 38D,250 384,25D - 517 Childcare 54,501 62,531 37,688 37,688 - 518 Fitness 127,389 102,269 99,265 111,256 11,991 519 Front Desk 198,548 225,630 271,280 271,284 - 520 Maintenance 495,561 569,72D 614,936 610,936 - 521 Youth Programs 84,516 73,759 87,483 87,483 - 522 Cabin - - 47,201 47,201 - Total Recreation and Culfiure 1,939,224 2,440,771 2,111,853 2,123,844 11,991 TDTAL OPERATING E~PEND1Tl1RES $ 7,864,597 $ 8,490,852 $ 8,820,454 $ 8,552,445 $ 31,991 Page 6  'T~~ ~Ionorable Mayor and Town Council Thru: Larry Brooks, Town Manager ro m ~ Norman wood, Town Bngineer (]ate; Apri17, 2005 Rey Capital Inr~provements Fund Budget Am.encl~nent for whitewater Park Design and Municipal Building Roof.. Resolution No. 05-15, Series of 2005 ~umm~ry: The attached Resolution No. 05-15, Series of 2045, Amending the Capital Improvements Fund Budget has been prepared to provide funding for the preliminar~~ design of a whitewater Parr and installation of a new roof on the Municipal Building. The proposed Amendment for a whitewater Park on the Bogle River moves $7,500 of the currently budgeted $100,000 from 2006 to 2005 in order to proceed with preliminary design this year. The proposed budget Amendment also includes $5,000 in additional revenue from other participants in the project. The other change in the proposed amendment adds $50,000 to the Capital Projects Fund expenditures in 2005 for re-roof ng the Municipal Building, The $50,000 for re-roof ng the Municipal Building was taken out of the General Fund Budget but did not get included in the Capital Imprave~nents Fund Budget as intended when the 2005 Budget was originally adopted last year. This is a relatively expensive item with a multi-year life making it a more appropriate Capital Project Fund item than a maintenance item in the General Fund. The revised sheets include changes to reflect actual revenues and expenditures in 2004 as we11 as proposed changes to the Capital Improvement Program for 2005 and beyond. The revised budget items are shaded to help identify the proposed changes. The Revised Capital Projects Fund S~Year Plan reflects a very healthy year-end fund balance ranging from a low of $4,178,26 in 2005 to a high of $7,321,847 in 2008. Proposed project far the years 2010 and beyond reflect a deficit fund balance of $11,055,574. I~owever this negative fund balance does not take into account projected revenues for 2010 and beyond. we recommend council approve Resolution No. OS-15, Series of 2005, A Resolution Amending the Capital Projects Fund Budget for 2005. I:1s~~ineeringlAdminis~tionlCi' B~~d~et1~00~IBud~et Menu Res 05-iS.Doc ~ Recon~me~d~tior~: Approve Resolution No. DS-15, Series of 2005 A Resolution A,n~ending the Capital Projects Fund Budget for ZDDS, Proposod ~Ioton~ ~ move to approve Resolution No. 05-5 Series of 2005 A a Resolution Amending the 2005 Capital Projects Fund Budget. ~Att~ohm~nt~ A, Resolution No. D5-15, Series of 2005, A Resolution Amending the 2005 Capital Projects Fund Budget B. N~unicipal Services Capital Projects Fund #~41 Page C-3 Revised} C. Capital projects Fund 5-Year Plan Pages C-5, C-~, C-7 and C_g ~Revised~ Town ~an~~er ~onnments: , f 4'+... i" :I~n~ineer~n~;~AministratianlCl~' B~idget~OD51Bc~d~;et Mema Res ~S-1S.Dac• page 2 RESOLUTION No. 05-15 SERIES of 2005 A RESOLUTION To AMEND THE Zoos TowN of AvoN BUDGET A RESOLUTION SUMMARISING E~PENDITUR...F,S AND REVENUES BY FUND AND AMENDING THE 2005 CAPITAL PROJECTS FUND BUDGET FoR THE TowN of AVON, COLORADO, FoR THE CALENDAR YEAR BEGINNING oN "THE "FIRST DAY ®F JANtARY, 2005, AND ENDINCr oN THE LAST DAY of DEt./F.J'~..t.JER.~ 0050 WHEREAS, the Town Council of the Town of Avon has adopted the 2.005 capital projects fund budget; and WHEREAS, the Town Council reviewed the revised est~naated revenues and expenditures for 2005; and WHEREAS, the Town Council finds it necessary to amend the 2005 capital projects fund 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 capital project fund is as follows for 2005: original or Current Previously Proposed Amended Amended Zoos 2005 Bind e~ Bum Ca ~ta~ Pro'~cts Find Beginning Fund Balance ~ 6,Ob2,470 $ 6,062,470 Revenues and other Sources ~ 3,513,935 3,518,935 Expenditures and other Uses ~ 5,345,311 5 402 811 Ending Fund Balance 4 231094 4178 594 1  Section 2. That the capital prof ects fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital projects fund 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 day of April, 2005. TOWN OF AVQN, CaL,~RADC~ Ronald C. Wolfe, Mayor ATTEST; Patty Mc~enny, Town Clerl~ 2  © 1 I k 1© t E 1 I I©© ! 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C Q D ~ ~ U N ~ 0 ~ ~ ~ p ~ e-- ~ ~ O ~ D N cn ~ N c~ F- © N ~ ~ ~ 'C7 p N ,s N Q ~ ~ ca ~ ~ ~ o~ ~ ~ ~ ~ ~ o ~~m ~ ~ ~ c~ o' ~ Y c ~ F° °Uqp--.~ ~ ~ m 41 pW~ ~ ~ ! p ~ ~ m~°'W ~ a ~ 7 ~ a~~U ~ ~p ~ q~.Y o~ ~~u~ ~ ~ ~a ~ ~ N ~U ~ o pa~c~ c~coc~ s r-~mcv a~ ~m~°~ c ~ camWF ©lYp~ ~ ~ c~ ~ ~ ~ N 'cd,~ ~U~ 0 ~Q ~ ~ ~ ~~c~Ic~c=a~~ ~,~-Y'rit'c~UE ~Q4~ ra~~~~~ ~ U.~sv a UJ ~Q„ ~ ~~p" 7 Tj 'a C ~ ~ U ~ p ~ U ~ U U p C~ 0 Qi Q) (q r~ ~y C II" = N~_,,,, L f1 ~ ~ C ~ ~w ~~m~~~z ©»~a yam ~ U\ T0: Honorable iVlayor and Tawn Council Thr"l~: Larry Brooks, Town Manager rQ~: Norman ~VVood, Town Engineer ]ate: February 6, 2005 Capital Improvements Fund Budget Amendment Increasing 2005 Street Impravem.ent Funds - Resolution No. DS- ~ Series of 2DD5 ~u~n1a~/: The attached Resolution No. 05-16, Series of 20D5, Amending the Capital I~raproven~ents Fund Budget has been prepared to provide additional funding for the 2005 Street Improvenent Project. Resolution No. 05-1 ~ approves a Budget Amendment increasing the budget for the 2005 Street Improvements by ~342.5~0 from ~8G5,000 to $1,207,5bD. This funding increase ~s required if the full contract is awarded in accordance with the Low Bid subrr~itted b Elar~A~onstruction, Inc. Y The revised budget items are. shaded to help identify the proposed changes. The Revised Capital Projects Fund 5-Year Plan reflects a healthy year-end fund balance ranging franc a low of $3,833,55 in 2005 to a high of ~~,964,05~ in 2008. Proposed projects for the years 2010 and beyond reflect a deficit fund balance of $I1,4I~,83~. however this negative fund balance does not take into account projected revenues for 2D1.0 and beyond. Alternate No. 1. If the contract for 2005 Street Improvements Project is awarded to Elam Construction for the full amount of the bid ~$1,06S,5~D}, we recommend Council approve Resolution No. 05-1~, Series of 2005, A Resolution Amending the Capital Projects Fund Budget for 2005 and .increasing the 2005 Street Improvements Budget from. ~8~5,000 to ~ 1,20~1,5b0. Alternate Noa Z: If the contract is awarded in conjunction with Change Order No. 1, deleting the .Automatic Pedestrian Light System. at Avon Road Crosswalks and reducing the Contract Amount to ~745,5G0 in accordance with Elam. Construction, Inc,, Bid Schedule, these additional funds are not required and Resolution No. 05-1 ~ should be denied. 1:1~~~izaeeri~~~lAdministratio~ICIP B~d~;etIZ~Q51Bud~et Memo Res 05-I6.Doc 1 Recommendation: A~~erna~e No. l: Approve Resolution No. 05-16, Series of 2005, A Resolution Amending the Capital Projects Fund Budget for 2005, to increase the 2005 Street Improvements Budget from X865,000 to ~ 1,207,560. , Alerna~e ~o. 2: Deny Resolution ~o. 05-16, Series of 2005, A Resolution Amending the Capital Proj acts Budget for 2005, to retain the current 2005 Street Improvements Budget of ~865~000. Proposed Lotion: Al~ernae Na 1: I move to approve Resolution Igo. 05.16 Series of 2005, A Resolution Amending the 2005 Capital Projects Fund Budget, to increase the 2005 Street Improvements Budget fram X865,000 to $1,207,560, . Al~erna~e No. 2: I move to deny Resolution No. 05-16, Series of 2005, A Resolution Amending the Capital Projects Budget for 2005, to retain the current 2005 Street Improvements Budget of $865,000. Attachment: A. Resolution ~o. 05-16, Series of 2005, A Resolution Amending the 2005 Capital Projects Fund Budget B. Municipal Services Capital Projects Fund #41 Page C-3 Revised} C. Capital Projects Fund 5-dear Plan Pages C-5, C-6, Cw7 and C-8 ~Revised~ TovWn Lana~er Comments: -3 ,r ~r . ~N:, I:1En~i~aeerin~lAdministratiol~ICIP Budet1~a051Bud~et Memo Res a5-Ib.Doc• 'age ~ RESOLUTION NO.05~ 16 SERIES OF 2005 A RESOLUTION TO AMEND THE 2005 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2405 CAPITAL PROJECTS FUND 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 capital projects fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures far 2045; and WHEREAS, the Town Council finds it necessary to amend the 2005 capital ro'ects fund bud et to more accurately reflect the revenues and expenditures for 2005; pJ g and WHEREAS, whatever increases may have been made in the expenditures, lif e increases were added to the revenues so that the budget remains in balance as required by law. NOW, THER.EFOR~.E, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures far the capital project fund is as follows for 2005: Original or Current Previously Proposed Amended Amended 2005 2005 Budget Bud~e~ Ca ital Pro'ects Fund Beginning Fund Balance $ ~,0~2,470 $ ~,0~2,470 Revenues and Other Sources 3,518,935 3,515,935 Expenditures and other Uses 5 402 811 5 745 371 Ending Fund Balance 41,7$ X94 3 S 034 1 Section That the capital projects fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adapted a the capital projects fund budget of the Town of Avon for tl~e 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. ADC~PT~D this 12`" day of April, 2005. T(~wN (~F AV~N~, CflI~C~RAD~ Ronald walfe, Mayor ATTEST: Patty Mcenny, Town Clerk 2 o I [ F I Q I 3 I I l O O ] I I o I o © O CJ C7 O © o ❑ o ~ o © ~ r © O I~ © ~ N LLJ I I 1 1 I t I I ! 3 I fti„ I o© a©© o 0 a~- o ©ai ~i ni m ~i ~i 0 0 ~ ~ ~ csa o ~n ~ N ~i ni I I 1 I I I i I Q O© o i I E ~ E o~ 0000 ~ ~ oc~ ©aoo © o oa oo ©©niai ti © acv o c~ N N © ~ N~ rn ~ N as ~ ~ u~ O E 3 1 i E I E t © E I t i ~mnn o rf' © d' © d' © ©I~ © CC} 'S""' o N N N ~f3 ~ ©C'? ' © ' © ' ' C7 ' C7 I ' ' ' tY3 O C'7 ©.h o © o © ©o ~ © h~ .fir © © o © o O o dM © o tf'i d' CD N o C~ (G~ CS3 N N t"7 . 4fl Q I I © E E E O I © I I o I © o t~7 © o o © .t,~y, o Cfl © ~ © © © © © © ~V o ~ ~ ~ © o c~ NCv N o N tv'v n ~ ~ ~ ~ ~ ~ ~ ~ ~ orn EIIIIIIEo©©a ill m o m ~ N ~ N N N (I) 0 ~ o o~ E I© 3 I 3 3 I Q©©© E [ I ~ ©cxa © o 0 0 © ct~ o ~ Q ~C'~"~© dp' ©dN„N~ ~ ~ cN Q ~ N N N ~ ~ N (J7 ! I I I I I I © E © O t ~ C() ~ C~ t~'} © d' o N f~ (Y? o _ d' CU CO o 'd' ~ © o Q7 ~ 07 ~ o N M CS7 o CC1 ~J t!") 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D N ~ c+7 ~ ~ p h DO C~7 C)') ~ C? r^ r f77 Cq U p N C~ Q s-- r ~}3 C a ~ ~ U N~ ~ O ~ ~ ~ ~ U ~ ~ ua D ~ tJ N © C ~ ~ Q1 L~ c3 ~ ~ ~ ~ ~ C cn QC .ac ~ ~ F~Um~ ~ D.d.~ DU.~~Q(~ ~ N G ~ cU~~~N NQ ~O D DY D M~tLtL ~ ~ G ~ ~j ~f~ ? © ~ ~ ~ D I a U U ~ ~ ~ [C3 N L. ~ C Q d ~'3 ~ tll U C C m Ct1 s Q3 Q. ~ m~D ~ ~m ~ ~ ADO ~ ~ a ~ c ~ ~,ua mp U ~ ~ ~ ~j U ~ ~ ~ U ~ tll ~ U U U N m ~ Q7 ~ ~ y ~ C ~ N ~ L p.:~ N p ~ C~ LL N ® ~ U C~ C)► T~ ~en'~o To: Avon Liquor Licensing Authority Thru: Larry Brooks, Town Manager Jacquie lyalburnt, Asst. Town Manager John Dunn, Town Attorney From: Patty McKenny, Town Clerk Date: April 1, X005 Re: Second Reading and Public bearing on Ordinance No. 0501, Modification of Licensed Premises & Undue Concentration Licenses Summary: Attached is John's memo from first reading and a copy of Ordinance lVo. 05-01 for second readin & g public hearing. This ordinance addresses modification of premises and undue concentration licenses. Background; This legislation was requested by the Liquor Board to try to address any requests made by license holders for the expansionlmvdification of licensed premises. John Dunn also addressed the "undue concentration" issue as outlined in the State Liquor Code. Discussion: This discussion only addresses the modification of premises issue. Attached is a Fee Schedule from the State of Colorado Liquor Enforcement Division. Both local & state fees related to liquor. licensing are outlined. The proposed ordinance includes a fee of $500 for the application of a modification of premises. This fee is consistent with the $54o assessed for a change of ownership or change in location in Avon's code and the State fees for those related applications. It is not consistent with the State's fee schedule for the modification of premises application, which reflects a State fee of $150 and no fee for the local authority. After some discussion with John Dunn, it is thought that the $500 is excessive far this type of application and the Town should assess the same fee as that of the State of Colorado, based on the philosophy that the Town should recover some of the costs involved in reviewing and setting a public hearing on these type of applications, i.e. public notice requirements. Financial implications: There are both state & Iocal fees associated with liquor licensing applications. Town l'~anager Comments. Attachments: ~ State of Colorado Liquor Licensing Fee Schedule ~ Memo & attachments submitted by Town attorney at .First Reading ~ Proposed Ordinance Schedule Effective January 1, 2005 State Administrative andLegai Fees Subpoena Testimony - $200.00 for first 4 hours of appearance or on-call or travel time to court and mileage, meals, and lodging at state employee per-diem rates. Actual hourly rate for all hours in excess of four (4). Copy Cost - $x.25 per page. License Type and Fees Located In focal Fee Sfiate Fee Application Fee for New license City or County $500.00 $825.00 Application fee for New License with City or County $500.00 $925.00 Concurrent review Application fee Transfer of Ownership City ar County $500.00 $825.00 Application far Transfer of ownership City or County $500.00 $925.00 with Concurrent review Art License City ar County $41.25 $308.75 Beer & Wine License City $48.75 $35.25 Beer & Wine License County $63.75 $436.25 Brew-Pub License Gity or County $75.00 $750.00 Club License City or County $41.25 $308.75 Hotel & Restaurant License City or County $75.00 $500.00 Hotel & Restaurant License with City or County $75.00 $500.00 optional premises Liquor licensed Drugstore City $22.50 $227.50 Liquor licensed Drugstore County $37.50 $31250 Optional Premises License City or County $75.00 $500.00 Racetrack License City or County $75.00 $500.00 Resort Complex License City or County $75.00 $500.00 Retail Gaming Tavern License City or County $75.00 $5Q0.00 Retail Liquor Store License City $22.50 $227.50 Retail Liquor Store License County $37.50 $312.50 Tavern License City or County $75.00 $5Q0.00 Related Fees and Permits Located In Local Fey State Fee Addition of related facility Permits to City or County $0 $75.00 existing Resort Complex License (each) Annual Renewal application fee City or County $50.00 $0 Bed & Breakfast Permits City or County $25.00 $50.OQ Branch Warehouse or Warehouse City or County $0 $100.00 Storage Permit Related Fees and Permits Located In Local Fee State Fee Change of Location City or County $500.00 50.00 Change of Trade name/ City or County $0 $5Q.OQ Corporate name 1 ~ela~ed Fees aid hermits ~~acafied n focal Fee date Fee CorpILLC Change per persons City or County $1 OD.00 DD.00 maybe charged forbaclcgrQrand investigation by local QR sfate (not bath} non aster~ile only Delivery Permit -Liquor Store or City or County $0 $D 3. Z f ~n ~ Clf duplicate License City or Caunty $0 $50.00 Expansion-add Optional Premises City or County $0 0D.o0 to existing hotel and t~esta~arant HatellTavern Manager's Registration City or Caunty $?'S.00 $75.00 Late Renewal Application Fee City or County $500.DD $0 Master file-State issued City or County $D $25.00 per location ~~'ax. $1 ~n~. and $25~, OQ der person} Mini Bar Permit ~Na 4AP contribution} City ar County $325.00 $0 pith l~atelfl~estaurant license Modification of Premises City ar Caunty $D 50,00 Retail '~larehouse Storage Permit City ar County $0 D0.00 Special ~~rents Permit Liquor} City ar County $25.DD $25.00 Special events Permit X3,2°/~} City or County D.DD $1 D.00 ~en~parary Permit City ar County $100.DD $0 Cut-af-State Shipping Per mit Ctiy or County $0 $50.00 ~l~//ine ~hi~ment hermit) deer "~icensee Fees Lc~ated ~ ~.ccal Fee Sae Fee Retail 3.2°l~ Beer ~n Premises City $3.75 $95.25 Retail 3,2°f~ Beer ~n Premises County $7,50 ~ x,50 Retail 3.2°/~ Beer Off Premises City $3.~5 $95.25 Retail 3.2°fQ Beer off Premises County $x'.50 $117.50 Retail 3.2°fq Beer Qnf~ff Premises City $3.~5 $g5,25 Retail 3.2°fa Beer ~n1aff Premises County $?,5D $117.5D 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, 2045 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 ~,'aorado Depa~~tn~e~~t of Reven~le ale 1 E.'' r r F ~'k^ ~ 1~~~ } . 1 r sl, r; It R ~ ) t ~~,~~ss;;~~!!,, ,i• 'Y i vE ~ F `4 i~~~~,, y* f• tr1 r f X41 iF i y ~ r~. .,r, ~ . ,.ate !;1'• ,y ~ •.W ~s r.~ s . F q. ~,d~ ~ ~ ~ ~:r~' ~r ~ ~ ~ ~ ~y# k ~~F ~ ~ ~`~`1 a a ~y ate: M ~ ~ ~ ~ ~ ~ F ~ ~ aas ~ rte"''" nm+ v ~'i '~o-/~r rrk N~ ~,vxu i n e.~~ ~ Y r, t , ~ =f ww .,«tl k k Z David F. Dechant, Senior Director Matt D. C aok, Division Director About Us..,. Services,,.. Secti©ns.,.. c~~ ;~i;E~ i~~ Regulation 4?-302. Changing, Altering, or (codifying Licensed premises. A. After issuance of a license, the licensee shall make no physical change, alfieration or modification of the licensed premises which materially or s~lr~;;►~l f~sr~~~'~~~4°is s~ substantially alters the licensed premises or the usage of the licensed premises ,F~ brand Regist~~atior~ from the plans and specifications submitted at the time of obtaining the on final license without the rlor written consent of the local and state licensin g , fringing t.iquar Mock in p g Colorado ~ authorities. Far purposes of this regulation, physical changes, alterations or modifications of the licensed premises, or in the usage of the premises requiring Fnforcernel~t sur~maries rior written consent s faster File ~.ICenses p ~ hall Include, but not be llmlfied to, the following; . ~?ffice Locations 1. An increase or Qprnions and Position y decrease in the total size or capacaty of the licensed premises. ~tatort~er~ts Responsible vendors The sealin off creation of or r 1 Tab~~cio Enforcement 9 e ocatlon of a common entryway, doorway, passage or other such means of public ingress andlor egress, when such Prcc~ran~ common entryway, doorway or passage alters ar chars es the sale ar g ~~t~lii~e i~~'~i~~;y~ distribution of alcohol beverages within the licensed remises.. ~~lcoholiTc~b~~c~;o Tax ~ P TI-ade B~.1C~~~1! 3. Any substantial or material enlar ement of a bar ar relo g cation of a bar, or Fee schedule addition of a separate bar. Ferrns t.a`~~'s ~r~d ~~ulus 4. Any material change in the interior of the premises that would affect the basic . .icenses and Permits character of the premises or the physical structure that existed in the plan on ether Related .Inks 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 l~arr~phlets equipment; the lowering of ceiling; the installation and replacement of floor statistics coverings; fihe replacement of furniture and equipment, and other similar changes, nor to any non structural remodeling of a fermented malt beverage r~~~ick ~.inkw, licensee's remises wh r p e e the remodel does not expand the existing area Gavernmel~~t servlGes designed for the display or sale of fermented malt bevera e raducts. lllternal Revenue ServlCe 9 P Labor and Emplayn~et~t B. In making its decision with respect to ariy proposed changes, alterations or ~,ocal Gaver~~ments modifications, the licensing authority must consider whether the premises, as Property end Taxation changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor ar Beer codes and the Regulations promulgated therPUnder. Sec;ret~Il~y of Mate ~ Factors to be taken into account b the liven ' y sing authority Include. by way of Mate Telephone Director°y illustration but not limited ta, the following: r; ~ ~w ~~-FrienCi~~'~'et~~ior~ ~ ~ .The reasonable requirements of the neighborhood and the desires of the Text-Frie~~dl;~ '!'ersion adult inhabitants. 2, The possession, by the licensee, of the changed premises by ownership, Lease, rental or other arrangement. f„ ~~ttp:!!~~w~v.~~eve~~tte,state.ca.usilicluor dirl~v~~a~,ash?i~~cl=calre~cadei~~~a? ~ ~r'~?,`?~C~~ . ~ ~ Cao~-ada Dcpa~~tme~~t of Rc~~enue . Pale? of? E: 3. Compliance with the applicable zonin law g s of the munfc~pality, city and county ar county. 4. Compliance with the distance prohibition in re and t school or the principal cam us of an g ° any public or parochial p Y college, university, or seminary. S. The legislative declaration that the Colorado C.i uar and gee exercise of the, police powers of the scat f q r Codes are an e ar the protection of the economic and social welfare and the health, peace, and morals of the peo le of thus st p ate. C. If permission to change, alter or modif the licensed re ` y p mfses ~s denied, the licensing authority shall give notice in writing and shall state rounds . which the application was denied. The licensee shall b g upon the denial if a request in writin ism e entitled to a hearing on g ode to the l~cens~ng authar~ty w~th~n fifteen days afiter the date of notice. This regulation shall not be applicable to the holder of a license as specifically defined in C.l~.g. ~ 2w manufacturer s 47~ 402, David F. Dechant, Senior director Matt D. CovlC, Division Director t~e~par't~~nent l~l~n~e • Q1vES1~3n l~om~~ To ~ S ~ ~ ~ . p tote l-tome F~er.#er~l l~lar~n~; ~ ~.,ont~~c: Ups 'I ~r .l iL r.,'~!!,'~. i~l~ il~,ff i.`Fi'. ..~1``-+...•.1~~~.r, .~l..`A • I i . k • i r~ • l: ~ ~ 1. ~ > . ~ , 2. E' I' j a: lattp:~~'~vw~~~.rcvc~~ue.stato.co.~~siliquar ~iir~wrap.asp`?incl=colre~codc14~30? ;,F 4 ~ : ~ _r ..~0~ m ~ .,a~ : ,E~. ,;r ~`olara~a Depart~~~ent of Reve~~ue - , P~~~.~e 1 of r a ~ .pt ~4.; ! o k ~ r fir. a ~a ' '+Y^ 'iN 4 f ~F IYJ l ~ y'~ Tt1 ~ yv: Y J`' 'F' i 7 ~ to F r>~~ ~ ~ 9 Zt~~¢.. ~+i~~r'~ i ~.N~ ~.si j~ fc i I f ~l' ~ l Y ~*s~~" "~TMt ~ I Y !1 t _ I k , T .f S~ J ~ ~LV 5q1 Z4 R~~h! ~ `'5' ~ , q ~M ~r ~ i e~~w w W r ~~_y+~hap s . i:'; a+i~ r rrw~ n +r k. h r ~ruur ~ ~"'"e~.:~i ~ ~ ~ i i~ ~ l~"i f j 1 ~ 6, 1 4 a #w~, ./rn u w f ~ y ~ Y ~ y~. i ~ 2 2 $3 ~ P ~ „ P y i' y Y,w° 'k. ~sr~. ~,~".g<'~n y~a;ry ..a '~4.r. n~r.i w 'ir. w x ':NO4, ~4a;l: ''h>ex mn;J' 'it• ~ 'A~ ~ tr d ei:ew ~rkd~ ~idr• ~~w~l F l~ A"~P y~y ~v ~ x y~, ~ 1 ~ ''t ~...~.ti H n r b"4r~ ~n'd b~~'' siv' F5~ p~~'3i a C M ~~µr r C" V =~a~ rl ,r {k• - David F. Dechant, Senior Director Il~lat# D. Cook, Division Director about Us.... ~ Services.... ~ ~ections.... ~r l~ e.ar~.~~ T~iw: ~it~: Regulation 4~'-30~. Undue Cancenti~atian of licenses. . A. For purposes of determ~n~ng [f the issuance of a new tavern or retail liquor store license would result in or add to an undue concentration of the same class °~ji~}ifs ~.~xi:Ew:~~=~i~~i~:;~ of license and, as a result, require the use of additional law enforcement resources, the state or local licensin authorit ma consider factors, including, brand Registratio~~ g y y l~rir~gi~~~ LigGOr Mock in but not limited to: - t:oi;~rado l~~force~~~er~t Sun~r~aries ~ . Vtlhether the ratio of the number of tavern ar retail liquor store licenses within the county's of the neighborhood to be served where a location has been faster File l~.icer~ses Pp made to the county's population exceeds the ratio of the statewide number of E~ t~ffiGe l..ocations licenses of the same cl ~piniar~s and Position ass to the state population, ~tater7~ents 2. Ulfhether the ratio of the number of tavern or retail liquor store licenses within Responsible ~e~~dars the census tract ar census division in the nei hborhood in whi Toba~:co Enforcement 9 ch the applicant premises are located to the population of the census tract or division exceeds ~'~~°gran~ the ratio of number of licenses of the same class in the county ar municipality to ~'ii~ii Ee ~ri~~s~*F the population of the county or municipality where application has been made; f'1i~,.~lE~lr l~~JbC~~.irQ ~InC~i~ Trade bureau 3. The distance between the applicant premises and the remises of other P F~'e Sched~~)c' holders of the same c{ass of license; Fo~~ms ~-a~~is ar~~t f~~~lws 4. Published data concerning fihe concentration of tavern ar retail liquor stare lwicenses and ~'er~t~~its licenses and its effect an the need far law enforcement resources; and ether Related .inks Publications & lr~fr~ Testimony concerning the use of law enforcement resources by law Par~~pl'~le[s enforcement officials with the responsibility for enforcing state or local law in the statistics area in which the applicant premises are located. 1~ ~ove~°r;f~~er~t services ~ For purposes of this regulation: ;~1; lnter~r~al Reve~~ue Service ~ .The number of tavern and retail liquor store licenses within a given area shall Labor and Employment be as ublished b the state licensin a th ri p y guoty, lr.oca.l governments Property `°nd T`axat~°~' 2. The population shall be the estimate published by the mast recent United Secretary of State States decennial or special census for state, census tract, and census division ~tc2te Telephone Directory data} ar the most recent estimates published by the Department of Local Affairs for county and municipal data}. - ~ F~rinier->m~~iNnr~l~~r ~~'e~~5ioi ~iMext.Frier~div liersioi~ 3. "Neighborhood" shall be that area as required pursuant to ~ 2-4~-312~2~~a1 C.R.S. l~ttp:~'i~~1~v~v.revent~e.state.co.uslliquor_di~~~~~~~~ap.asp`?i~~cl= colrc~code14~301 3f'1.`?~'?Qi~~ ter,:.. , . ~ >~u a~i ~ .,.E M ~JRDINANCE No. os- AN ORDINANCE AMEND,IN~ CHAPTER 5.08,, MUN~C~PAL ` CnDE DF THE TDwN OF AVDN, AS IT RELATES TC~ TI3E NI~DIFCA~TInN aF LICENSED PR.FMISES AND UNDUE C~NCENTRATDN CAF LICENSES BE T aRDATNED BY THE T~wN CC~UNCZL DF THE T4wN ~F AVON CC~LURAD~: Section 1. Amendment. Subsection fib} of Section 5.08.0?0, Chapter 5.08 of Title 5,-Avon Municipal Code, ~is amended to provide as fallows: fib} The burden of proof in an application. for a new license, fob the modification of licensed remises 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 ar sus ension. n P a renewal hearing there shall ~be no presumption ar burden of proof, unless and until such time as some unfavorable testimony or exhibit is received, at which point the burden shall became 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 maybe adjourned or continued to such other times as maybe suitable and reasonably convenient for the parties involved. Section 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 fallows: c For a ose of determinin if the issuance of a new tavern or retail li uor stare license would result in or add to an undue concentration of tlae same class of license and as a result re uire the use of additional law enforcement resources the Local Li uor Licensin Autharit ma consider factors includin but not limited ta: 1 The. ratio of the number of tavern or retail li uor store licenses in the Town of Avon to the o elation of the Tawn of Avon com aced tQ the ratio of the number of tavern ar retail li uor store licenses in Ea le Count to the o elation of Ea le Count . 2 The distance between the rena~ses of the a licant and the remises of other holders of the same class of license, ~ Published data cancernin the concentration of tavern or li uor store licenses and its effect on the need for law enforcement resources• and N 4 Testimon concernin the use of law enforcement resources b law enforcement off vials with the res onsibilit 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.a8 of Title 5, Avon Municipal Cade; is renamed Nlodi~cation of licensed premises and changes in location, ownership or manager and Subsection ~a} is amended to provide as follows: ~a~ Ta achieve a modif cation of licensed remises or a change in the location of a licensed outlet, the applicant shall submit all farms and material required by the State Liquor Enforcement Division, a fee to the Town of five. hundred dollars x$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, Tawn Clerk or Police Chief; as well as any information, testimony or documents required by the Local Li uor q Licensing Authority. In makin its decision with res ect to a modifcatian of licensed remises or a chan e in the location of a licensed outlet the Local Li uor Licensin Authorit shall take into consideration the reasonable re uirements of the nei hbarhood and the desires of adult inhabitants. INTRGDUCED, APPRCJ'~ED, PASSED QN FIRST READING AND ~RDERFD PASTED the ~Znd day of March, X005, and a public hearing on this ordinance shall beheld at the regular meeting of the Town Council on the 12th day of April, 2005, at 5;30 P.M. in the Council Chambers, Avan .Municipal Building, 400 Bench~~nark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST. Patty McKenny, Town Clerk INTRODUCED, PALLY APPR~~"ED, PASSED ~N SE C~I~D READINCr ANI~ (~RI~.FRL,D PASTED the lath day of A r~l, X005. p Albert D, Reynolds, Mayor ATTEST: Patty 11~cKenny, Tawn Clerk ~ . APPRUV:EI~ AS T~ F~.~; John Dunn, Town Attorney I . MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: STREET NAMES DATE: lnff ..i. , ~,n~ ~ ~ `~k.~j1~c-~e.~.eE,R. X05 SeCsrl d i~,e~d~ 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 them. 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 TawN [}F AVON, C[~Lt~RADQ 4R~INANCE ND. ~5-U2 SERIES ~F~ 245 AN a~INANCE ANIENI)ING SECTI[~N 16.4D.134, MUNICIPAL C[lI)E 4F TIE T~VVN ~F AV[lN, I~LATINC TO STREET NAMES BE T ORDAINED BY THE TDwN COUNCIL OF THE TOwN OF AVON, COLORADO: Section 1. Amendment. Section 16.40. ~ 30, Cha ter 16.40 of Title 16 Avon p 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 one or more of the following: ~ 1 ~ The history of the state, the Town and the area, including persons associated with that history. Skiiing and the history of skiing. ~3} Local flora and fauna. (4} Local geography, including creeks, lakes and mountain peaks. ~5} The American 'Lest, particularly including farming, mining, ranching and native American culture. fib} 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 sha11 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, il4ayor ATTEST; Patty McRenny, Town Clerk INT~RC~DU~LD, FINALLY APPR~JVFD, PASSED QN SECQND READ ING AND I~RDERFD P~ISTLD the IZth day of Apra 2005. Ronald Wolfe, Mayor ATTEST; Patty ~c~enny, Town Clerk APPROVED AS TU PORN: Joan ~V, Dunn, Town Attorney ordinance No. QS~D? Street Names Page2of2 i To: Honorable Mayor and Town Council Thru~ Larry gooks, Town Manager From Tambi Katieb, Community Devela ment Director p Date: April 5, X005 First Reading o ordinance 05-03, amendments to Avon Municipal Code- Title ~ ? Zoning} Summary: Attached to this memo is an ordinance being forwarded to you far review, discussion, and approval on first reading that proposes amendments to the Town Zanin Code. g The changes presented in this Ordinance are the result of several discussions at a staff level about outdated, obsolete or unclear zoning regulations. One particular proposed amendment_ the addition of "public benefit" criterion for zoning applications- is largely the result of discussion with both Planning and Zoning Commission and Town Council over several complex zoning application deliberations over the last several years. The proposed amendments have been reviewed by the Community Development Subcommittee, which includes Councilors Ferraro and Sipes as well as the Plannin g Commission Chairman Chris Evans. At their A ~l 5~~ 200 meetr'n The PI " p a g, ann~ng and Zoning Cornmass~on recommended approval of these amendments through Resolution 05-03 subject to the rnod~fications as outlined in the strikethrough version of Ordinance 0~-03, which is attached for your review, Discussion: Ordinance 05-03 proposes to amend the Avon Municipal Code- Title ~Zoning~ with respect to the following provisions din order of the proposed Sections}: • Section ~ : Adding a "public benefit" criterion to all rezoning, special review uses and variances. The criteria is housed with the `zone district amendment' general criteria and referenced by each applicable zoning procedures The criteria will require all zoning applications to evidence that benefits of a specially conferred right neither a rezoning or a special review use, for . . . instanced will create benefits that are equal to or outweigh an otential yp adverse impacts to the community. • Section Amending the PUD approval criteria to reference the public benefit criteria. • Section 3: Amending the variance approval criteria to reference the public beneft criteria. • Section 4~ Amending the special review use approval criteria to reference the public benefit criteria. • Section 5: Repealing the accessory building or accessory use definition from the supplemental regulations and reenacting the same del ninon to the definitions section of the Title. • Section 5: Repealing the Building Area Ratio definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. • Section 7: Repealing the height provisions definition from the su lemental pp regulations. Height del nitions were refined in ~D04 and we failed to delete this redundant supplemental regulation at the time ofthe last revision. • Section 8~ f~epeafing the setback. provision definition from the su lemental pp regulations. • Section 9: Readopting the setback provision definition in the Definitions section and adding further clarity for all below grade structure. This is an area that has been ambiguous in interpretation over the years and has caused some confusion. V11e are still proposing that a minimum separation of at least ~ D feet from existing public rights of way and no encroachments into existing easements for example, if an easement is greater than ~o feet in depth} is permitted. • Section o: Repealing the "Keeping of House Pets Allowed" definition from the supplemental regulations. Title 6 ~"Animals"~ defines rules and restrictions of house pets and this provision is redundant. Further, the home office and home occupation standards deal directly with the ability to run a commercial pet operation in residential zone districts. • Section ~ Repealing the "Commercial activity in exclusively residential and mobile hone park districts prohibited" definition from the supplemental regulations. The definition is redundant to zone district regulations and definitions and serves no purpose. ® Section ~ 2~ Repealing the "Burning o exterior open flame flares or fires prohibited" definition from the supplemental regulations. The definition is redundant to other regulations Title 8-Health and Safety} and serves no purpose. ~ Page 2 April 2, 2445 Tawn council Meeting First Reading ordinance 45-43, Zoning Code Amendments  • Section 13: Repeating the "Signs" definition from the supplemental regulations. The definition is redundant to other regulations Chapter of Title 1 ~-Sign Code} and serves na purpose. • Sectian 14: Repeating the "Miscellaneous provisions" from the supplemental regulations. The provisions cited are redundant to those contained in the Design Review Guidelines and in Title 15 ~Gutdoor Lighting Standards and serve no purpose. • Section 15: Repealing the Snow Storage definition from the supplemental regulations and reenacting the same definition to the definitions section of the Title. The definition is also changed by replacing approval of alternate snow storage doff site or snowmelt} by the Public vvorks Director, instead granting authority to the Community Development Department, • Sectian 16; Repealing the Stream Setback definition Pram the suppfementaf regulations and reenacting the same definition to the definitions section of the Title. • Section 17: Repealing the Density Fxcf usion definition Pram the supplemental regulations and reenacting the same definition to the definitions section of the Title. Recommendation: fn anticipation ofseveraf r~aarZOning applications including the Confluence PUD and Lat C~, we are particularly interested in adapting the public benefit criteria in a timely manner. vile would like yourfeedback and any proposed changes to the CJrdinance an first reading, in order to f Wally adopt this set of honing Cade revisions at your Apr`ll ~5~~ meeting an second reading, vile recommend that you deliberate on the proposed revisions, providing staff with any recommended changes. The public hearing forthis ~Jrdinance will be held on April 2aa5. Alternatives: The fallowing options are available for action on this ordinance: W Approve on First Reading, setting the Second Reading and public hearing date to April ~6, ~Qa5B Deny on First Reading. Table on First Reading. • Page 3 April ~ 2, 2~n5 Town Council Meeting First. Reading ordinance ~~-03, Zoning Cede Amendments Proposed Motion. "I move to approve Ordinance 05-03 on first reading, establishing April ~6, X005 as the Public Hearing and Second Reading." down Manager Comments: 4~~ age Attachmentstl A. ordinance o~-03 B. Planning and Zoning Commission Resolution o5-03 & Stafr Memo • Page 4 Aprii 12, 2005 Town Council Meeting First Reading ordinance 05-03, Zoning code Amendments i ORDINANCE No. 05-0~ AN ORDINANCE AMENDING TITLE 1 MUNICIPAL CODE OF TfIF TOWN OF AVON, AS IT R.F,LATES TO PUBLIC BENEFIT CRITI RIA FOR ALL ZONING APPLICATIONS, AND PROVIDING FOR TfIE REORGANIZATION, REPF,AL AND AIUIENDMENT OF SUPPLENI:ENTAL ZONING REGULATIONS. BE IT ORDAINED BY THE TO~wN COZTNCIL OF THE TOwN OF AVON, COLORADO: Section 1. Amendment. Chapter 25 of Title 17, Avon Municipal Code, is a~~ended by addition of a new section 17.25.085 to provide as follows: "A11 , • Planned Unit Devela ment PUD a lications shall be evaluated for their public benefits with the following specific criteria: ~ 1 ~ The application demonstrates a public purpose which the current zoning entitlements cannot achieve; and ~2) Approval of the zoning application provides economic, cultural or social long-term can~munity benefits that are equal to or greater than potential adverse impacts as a result of the changed zoning rights; and The flexibility afforded in approval of the zoning application will result in better siting of the development, preserving valued environmental and cultural resources, and increasing the arr~ount of public benefit consistent with the community master plan documents." Section 2. Amendment, Subsection ~h~ of Section 17.20.110, Chapter 20 of Title 17, Avon Municipal Code, is amended by addition of a new subparagraph ~ 12~ as follows: 1 That the PUD or amendment to PUD requested provides evidence of substantial compliance with the public purpose provisions of the Zoning Code as specified in Section 17,25.085" . , : cs r ~ ~ ~ ~ } , ~ cc 19 Section 5. Amendment, Section 17.50.010, Chapter 50 of Title 1~1, Avon M~~nicipal Code, is repealed and reenacted as Section 17.08.040 to provide as follows: "Accesso Budding or accessory use means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, and does not change the basic character thereof as determined by its principal use. Accessory buildings shall not be provided with kitchen or bath facilities sufficient to render them suitable for permanent residential occupancy. Approval of the Planning and ~on~ng Commission and a building permit are required. Accessory buildings and uses shall be permitted in every zone district. Section Amendment. Section 1 x'.50.020, Chapter 50 of Title 17, Avon Municipal Code, is repealed and reenacted as Section 17.08.145 to provide as follows: "Building.~rea Ratio. For the purpose of calculating~building area ratio, there shall be included that area within the surrounding exterior walls measured from their exterior surface) of a buld~ng or portion thereof. The building area of a building or portion thereof shall include all exterior walkways, terraces, courts, stairways or other constructed areas under a horizontal prod ection of a roof or floor above. Garages shall not be included in building area ratio calculations to the extent they do not exceed the following square footage li~mitatians: One-car garage: four hundred ~400~ square feet maximum Two-car garage: six hundred ~600~ square feet maximum Garage square footage in excess of these square foatages shall be included in building area ratio calculations. 1Jecks which are above grade and are uncovered and which extend out from the enclosed space of the structure shall be included in building area ratio calculations to the extent that fift ercent Yp X50%} of such decks shall be calculated; decks which do not exceed height restrictions established in this zoning code and which are constructed on the roofs of floors below shall not be included in building area ratio calculations. Crawl spaces without windows, suitable only for storage and not in excess of four ~4} feet in height, shall not be included in building area ratio calculations, Section 7. Reseal.. Section 17.50.030, Chapter 50 of Title 17, Avon Municipal Code, is repealed. Section 8. repeal. Section 17.50.040, Chapter 50 of Title 17, Avon Municipal Code, is repealed, sic Section 9. Amendment. Section 17.08.00, Chapter OS of Title 17, .Avon Municipal Code is amended to provide as follows: ".dot ~'et~ac~ ~.eans the distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures or building on site. No building projections shall be permitted into required lot setback areas, except that there shall be no restriction on walks and steps. Setback areas shall be open from the ground ~~nished graded upward, Encroachments may occur below grade for foundations or other building projections, provided however that there shall be a minimum separation of at least 10 feet fram existing public rights of way and no encroachment into easements sha11 be permitted." Section 10. Repeal. Section 17.50.050, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 11. Rte. Section 17.SO.ObO, Chapter 50 of Title 17, Avon ~Vlunicipal Code is repealed. Section 1 Repeal. Section 17.50.070, Chapter 50 of Title 17, Avan Municipal Code is repealed. Section 13. R~ e~eal Section 17.50.080, Chapter 50 of Title 17, Avon Municipal Code is repealed. . Section 14. Re~ea~. Section 17.50.09U, Chapter 50 of Title 17, Avon Municipal Code is repealed. Section 15. Amendment, Section 17.50.100, Chapter 50 of Title 17, Avon Uunicipal Code is repealed and reenacted as Section 17.08.755 to provide as follows: "Snow Storage is defined as the following; Snow storage is required for any property which, when developed, is intended to contain impermeable surface area used for purposes other than aboveground construction, and shall satisfy the following criteria. ~ 1 ~ An area equal to twenty percent X20%} of impermeable surface area upon which aboveground construction does not occur shall be designated as a "snow-storage area" and not developed in a manner inconsistent with such use. Eandscaping sha11 not be considered to be inconsistent with such use. ~2}Any designated snow-storage area shall be not less than six feet wide, shall be adjacent to the impermeable surface area from which the snow is to be removed, shall not be included in any parking area required by the minimum parking requirements of the Town and shall be contained in such a manner that runoff is directed through a treatment facility as described in Subsection ~3~ of this Section, when such treatment facility is required as a part of the drainage plan: ~3} whenever a treatment facility is required to be installed in association with a snow- . storage area, the design of the same shall be approved by the 'own engineer as part of the site drainage plan and shall be designed to remove from the runoff petroleum-based liquids and. settleable solids. ~4~ The foregoing requirements for on-site snow-disposal areas maybe waived by the reviewing body of the Town upon the demonstration that: a. An appropriate alternative snow-storage site, or an-site snob melt, is available for removal of snow to an offsite location suitable and. available for such purpose, meeting with the approval of the Community Development Department; and b. Arrangements for the off site removal have been made in a manner assuring the continuation of such practice throughout the life of the proj ect. Section 16. Amendment. Section 17.50.11D, Chapter 50 of Title 17, Avon Municipal Code i repealed and reenacted as Section 17.08.505 to provide as follows: "Lod Set~ac7k, S~~ean~ is defined as a thirty-foot strip of land measured horizontally from the mean annual flood high-water mark an each side of any live stream located within the boundaries of a proposed subdivision shall be protected in its natural state, with the exception that footpaths, bridges, irrigation structures, flood control and erasion protection devices inay be constructed thereon.lf such stream is along the outer boundaries of the subdivision, this requirement shall apply to that part of such stream and strip which is within the subdivision, Underground utilities maybe located in such protected area; provided that there is no practical alternative location for such utilities, that the plans are approved by the Town Council through its designated representative and that all construction scars are revegetated. Section 17. Repeal. Section 17.5D.12D, Chapter 50 of Title 17, Avon Municipal Code is repealed and amended as Section 17.D8.215 to provide as follows: "Density .Excl~~sion is calculated as follows: ~a~ whenever there is proposed far development a tract of land partially under water at any time during the year, there shall be excluded from the calculation in determining allowable density thane areas of the development tract under water and up to mean waterline, except where such requirement would prevent construction of a single family residence; and ~b~ Whenever there is proposed for development a tract of land containing slope in excess of forty percent X40°fo}, there shall be excluded from the calculation in determining allowable density those areas of the developrr~ent tract in excess of forty- percent slope, except where such requirement would prevent construction of a single family residence. ~NTRODtCED, APPROVED, PASSED ON FIRST ~ADN~ AND ORDERED POSTED the 2th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 2~th day of April, 2005, at 5:30 P.NI, in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Calorado. Ronald C. tiVolfe, Mayor ATTEST; Patty 1~cKenny, Town Clerk INTRODUCED, FTNAL,LY APPROVED, PASSED ON SECOND RF,ADNG AND ORDERED POSTED the day of , 2005. Ronald C. Wolfe, Mayor ATTEST; Patty Mcl~enny, Town Clerk APPROVED AS TO FORM: Tohn w. Dunn, Town Attorney Fri;Co~.~l~ci~lOd~n~.n~es1DD51Ord DS-~3 AMC 17 Revisions.~oc TOWN OF AEON PLANNING & ZONING COMMISSION RESOLUTION NO.05-03 SERIES OF 205 A RESOLUTION RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF AMENDMENTS TO TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO PUBLIC BENEFIT CRITERIA FOR ALL ZONING APPLICATIONS AND PROVIDING FOR THE REORGANIZATION, REPEAL AND AMENDMENT TO THE SUPPLEMENTAL ZONING REGULATIONS ~C ~ jHEREAS, Title 17 of The Avon Municipal Code requires review and revision on a periodic basis in order to continue to serve the public interest; and THEREAS, the Planning and Zoning Commission have reviewed the at'-ached revisions / ("Exhibit A"} to Resolution t15-fJ3 Series of 2005, and held a public fi~aring as required by the Avon Municipal Code to review the proposed amendments. ]~OW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends to the Town Council the approval of changes set forth in Resolution OS-03 Series of 2005 in order to amend the existing Avon Municipal Code as adopted. ADOPTED THIS 5th DAY OF APRIL, 2005 Signe Date: ~ t Chris Evans, Chair Attest: r Date: ~ -S^ aO~ Terry Smith, cr tart' F:~Planning & Zoning CommissionlResolutions120051Res OS-03 Zoning Text Amendments.doc t°> Y*I~ sate. April X005 To: I-lonorable Nlayor and Town Council Thru. Larry Brooks, Town Manager From Fric Heidemann, Senior Planner Re: Ordinance 05-04 Adopting the updated Ufficial Zone District Map Summary: Staff has prepared an updated Zoning Map for adoption by Town Council. Sections ~ 0.030 and 17.28.100 of the Zoning Code require that if changes are made to the zoning of property, such changes shall be entered on the Zoning Map. This map update reflects all ordinances, resolutions, rezonings, and .annexations that changed the zoning of property in the Town since 2001 as well as technical corrections that were~identified since the last update. Dn February ~ , 2005 the Planning and Zoning Commission unanimously approved Planning and Zoning Commission Resolution 05-01 recommending approval of the Official ?one District Map.. The draft map is displayed in the Council Chambers and in the Community Development Department. if you would like a copy please contact staff. Recommendation: Staff recommends the Town. Council approve Ordinance 05-04, approving the updated Zoning Map on first reading. Town Manager Comments: b~ Attachments: A. Qrdinance 0~-04 B. Planning and Zoning Commission Resolution 0~-01 ORDINANCE N(]. ~5-~4 SERIES of ~oo~ AN ORDINANCE AD(IPTING THE UPDATED ~~NING NIAP BE IT ENACTED BY THE T~wN CQUNCIL OF THE T~wN OF AV~JN, CC~L~RAD~: Council hereby adopts the updated Zoning Map, as required by Sections 17.1 b.030 and 17.28,100 of the Avon Municipal Code, attached hereto as Exhibit A of this ordinance. INTRC~DVCED, APPROVED ~N ~`IRST READING, AND aRDERED PUBLIS~IED IN F[~LL AND PASTED, this day of , 2005, and a public hearing on this ordinance shall beheld at the regular meeting of the Tawn Council of the Town of Avon, Colorado an the day of , 2005, a~ 5:30 p.rn. in the Municipal Building of the Town of Avon, Colorado. TC]wN QF AVaN, CC~L~RAD~: Mlayar ATTEST: Town Clerk INTRODUCED, APPROVED CAN SECUND READNC, AND ORDERED PUBL/SHED AND POSTED this day of , 2005. T~wN ~F AVUN, C~LQRADQ: Mayor . ATTEST: Town Clerk ~"CI~VN ~lF Av~l~ ~S[]LI~TI~JN NUJ. S~I~~S 2~~a A F~ES4LUTIUN ADAPTING THE ZQUS UPDATED ZCINING NIAP ~EREAS, Section 1?.16,030 and 17.2$.00 require that any changes to the zoning of property by ordinance within the Town of Avon be entered on the Zoning Neap; and HEI~EAS, notice was properly posted for the zoning map update and the Planning and Zoning Commission reviewed the proposed map update at a regular Planning and Zoning Commission meeting1 Qw, TFER.EI~'QT~..E, BE ~T RESQLVED, that the Planning and Zoning Commission hereby adopts the year 2005 updated Zoning Neap for the Town of Avon as set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and further recommends that the Town Council of the Town of Avon adopt the updated Coning .Map as the official Zoning Map for the Town of Avon as set forth in 1?'. ~ 6.030 of the Municipal Code. A~4~PTE.~ TFI~►S 1 IAA Y (~F FERR STAR Y, Z4~5 Sigr~~tl: Date: ~ Chris Evans, Chair tt~st: Date: ~ Terry Smith, tart' ~:IPlannin~ & Zani~tg CammissianlResal~~tians12~U51Res ~S-Ol Za►~in~ Mai update.c~ac Yoe T~anorable N~ayor and Town Council Thy: Larry Brooks, Town Manager ~ Co ~ John Dunn, Town Attorney Tambi ~.atieb, Community Development Director D~#e~ A ril4 205 p Fiat .treading of ordinance OS-U6, Amending Chapter 2. 6 of the .Avon Municipal Code relating to qualifications of members of the Planning and honing Comn~.ission Sum~~mary: At your March Z~, 2D05 rr~eeting, Council directed the Town Attorne to Y prepare an ordinance amending the qualif cations of members of the Planning and caning Con~nission. The Town Attorney has prepared that drab and it is attached for your review and deliberation, prior to opening the public hearing and formalizing any amendment to the Avon N~unicipal Code on second reading. Previous Cour~eil Ao#ion: Council requested that the amended code reflect floe following: That a minimum of 5 members of the Planning and honing Commission be registered electors, - That all appointments to the Con~nission shall specif ally consider a balance of tl~e lay community and industry professionals with a background in construction, community planning, architecture, etc. That of the ~ gat large' positions, preference in applications is prioritized to residents, business owners, and f nally to people having skills or experience of particular value to the Commission. • That Planning and honing Commission members who rr~ove out of Avon during their tern may be considered by Council to remain on the Commission, provided they continue to reside in eagle County. E3aokground: The Mayor f rst discussed the passibility of allowing non-electors an the Planning and honing Con~rnission several months ago, in anti;~ipation of three potential vacancies on the Commission this May. . . . Thane concepts were discussed by the Carnn~unity Development ~ubcon~n~.ittee ~I~risti Ferrara and Chris Evans in attendances in late larch, and feedback from Chris Evans was heard by the entire Council at their IVlarch Z2, X005 meeting. D~scussion~ t is recommended that the Council determine whether ar not the drafted language by the Town Attorney meets the intent and direction that you would like to proceed prior to adapting any proposed amendment to the Avon N~unicipal Code. Ate~rnatves: Council has the following alternatives at First Reading: Table the proposal, providing the Town Attorney and staff specif c direction on another drab. Deny the proposal on first reading. Approve the proposal on first reading, noticing the public hearing and second reading for the Apri12~, 2005 meeting, Town ~ana~er Comments: a. Attachments: A ~-Proposed Ordinance 05~0~ . +r Page 2 Aprii ~ 2, 2005 Town Council Meeting First Reading of Ordinance o5-06 Amendments to Planning and ?oning Commission qualifications ORDINANCE NO. os-o~ AN ORDINANCE AMENDING C~HAPT~R 2.1 C~, MtTNICIPAL CODS OF T~~ TowN OF AVON, RELATING To QUALIFICATIONS OF M:EM~ERS OF TfIF PLANNING AND ZONING COMMISSION B~ IT ORDAINED BY THE TOWN COUNCIL OF TKE TOtiVN OF AVON, COLORADO: Section 1, Amendment. Subsection ~d}, Section 2,16.030, Chapter Z.1 ~ of Tale 2, .Avon Municipal Code, is repealed and reenacted to provide as follows: ~d~ The membership of the Planning and Zoning Commission shall represent a balance between the lay community and industrial professionals, At least five members shall be registered electors of the Town at the time of their appointment to the Commission. Any appointment to the Commission of a person who is not a registered elector of the Town shall be based upon the following criteria: ~ 1 } Registered electors of the Town shall be preferred over persons who are not registered electors, Persons wha own real property or a business within the Town shall be preferred over persons who do not. ~3} Persons having special skills and experience of particular value to the Commission shall be preferred over persons who do not. Section Z. Amendment. Section Z. x.040, Chapter 2.1 ~ of Title Avon Municipal Code, is amended to provide as (allows: A vacancy on the Planning and .Zoning Commission shall occur whenever a member of the Commission is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of ninety ~~0~ days or more, resigns or is convicted of a felony. A me~.ber of the Commission who ceases to passes the qualifications for office possessed by hinl or her at the time of his or her appointment, maybe permitted to serve until the end of his or her term, provided he or she continues to reside in :l~agle County. A member of the Commission maybe removed for misconduct, including but not limited to repeated absences from meetings or a violation of the Town's Code of Ethics. In the event a vacancy occurs, the Town Council shall appoint a successor to ~ I1 the vacancy and serve the remainder of the term of the former member. e ~NTROD~JCED, APPROVED, PASSED ON FIRST R.EADNC AND ORDERED POSTED the 12th day of April, 2005, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 26th day of April, 2005, at 5.30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Raad, Avon, Colorado. Ronald C. wolfe, Mayor ATTEST Patty Mcenny, Town Clerk INTRODtCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 26th day of .April, 2005 Ronald C. Wolfe, Mayor ATTEST: Patty Mc~enny, Town Clerk APPROVED AS TO FORM: John w. Dunn, Town Attorney ~0~ Honorable Mayor and Town Council T`11"t~~ Larry Brooks, Town Manager F ra '1~: Norman Wood, Town Enginee~~ D~~~: March 31, 2x05 R~': Avon whitewater Park Project ~-Hydraulic Design Group Proposal for Professional Services ~un1h1c~1"~: Three Proposals and one non-sufficient response letter were received in response to a request for qualifications and proposals for Conceptual Design far a whitewater Park Project in Avon. The qualifying proposals were: 1 ~ Recreation Engineering & Planning Gary Lacy, President} Base Proposal Mapping by Towns $ 4,900 2~ Hydraulic Design Group ~HDG} Base Proposal $ 4,000 Base Map Survey 2,300 Total Proposal $ x,300 3~ McLaughlin Rincon Base Proposal Mapping by Towns ~ 5,800 ~]ne Day Design Charette 3,000 Total Proposal $ 8,800 The nonWresponsive letter was received from whitewater Parks lnternatianal, LLC That stated, " would estimate a study of this nature ranging between ~30~$40,000," Ron, Brian, Larry and I reviewed the three proposals and based on that review, we believe the best proposal per our request is the attached proposal from. Hydraulic Design Group ~HDG}. we recommend acceptance and approval of the Proposal from PIRG for the Base Services and the Base Survey Map for a total l~`ee of ~ 6,300x00 L~SC~SS101: This proposal is for the development of Project Scope and Concept Plan for a whitewater Park in the vicinity of "Bob the Bridge", t also includes the pre-runoff base mapping of the river stretch. This work will be necessary this spring if we are to retain the option ofpark construction far the 2006 runoff season. ~`he Capital improvements Budget currently includes $100,000 in 200 for Eagle River whitewater Park, Access and Viewing. We are also preparing a Resolution for a budget amendment to move $ 7,500 (proposal plus contingency) of this funding to the 2005 CIP Budget. The amendment will also reflect revenue from stakeholders in the amount of $5000 to help offset this cost. Recommendation: We recommend acceptance and approval of the Proposal from HDG for the Base Services and the Base Survey Map for a total Fee of $ 6,300.00 Proposed Motion: I move to approve the Proposal for Professional Services for Project Scope and Conceptual Plan for Avon Whitewater Park (Revision Date 3/24/05) as submitted by Hydraulic Design Group (HDG) for base services plus- basenlap survey for a total fee of $6,300. .Town Manager Comments: achments: A) HDG Proposal for Professional Services • Page 2 n • ~ V ~ r o ect co a ~~nce tea ~ are k ~ ,ti ~ki ~ i, _ G- :F w r _ !1_R14te ~ t ~ ~ i r{.. ~ t~ y~ 1F r~ Carter T'acket, Anirr~as Diver Revised 31~~/~005 ~IV~rR StC~~'~~I ~1EC~r H draul~c DeS~ n ~rau P(~ ~oX a9$1 209 Cres~'VIeW Grind uncflon CCU 5502 ?urango, Calar~do, 5130 ~ 970 759-228 F~.x 970 247-157 970 -242-020 ~ ~ ~ ~ ~ ~ hd ~~rontier.nek cell ~970~-389-5957 WWW.h draulicdesl n rau .com 1. Table of Contents Item Pale(s) 1. Table of Contents 1 2. Letter of Intent 2 3. Project Approach 3 4. Project Timing 6 5. Proposed Costs 7 6. Project Team g 7. References and Experience 10 1 Fetter of Intent Town of Avon, I~iverRestoration.org and the Hydraulic Design Group thereon referred to as the Team} are pleased to respond to your desire for a superior whitewater 'ark in Avon. RiverRestoratian.org and the Hydraulic Design Group have earned reputations as some of the :most reliable and innovative firms in the region. The Hydraulic Design Group works on projects nationally and their .headquarters are located in Durango, Colorado. RiverRestoration.orgwonks nationally, with a faces on river issues throughout Colorado. RiverRestoration.org is based in Grand function, Colorado. The connbined focus of these companies has created projects, which, improve river function, restore watershed processes, improve fish habitat, increase boater days and enhance the visual aspects of rivers. our goal is to enhance the river's habitat and recreation potential for community enjoyment. We are familiar with the location of the proposed whitewater park and have worked on similar projects in the region. The Tean~,ing of HDG and RiverRestoration.orgcombincs superior river engineering expertise with cutting edge recreational design. RivYerRestoration.orgbnings an expert who has had major roles in river projects for the US Army Corps of Engineers, Fish and Wildlife, Bureau of Reclamation, Watershed Councils, Conservancy Districts and Municipalities. RiverRestoration.org is intimate with leading an entity through a river project. HDG brings persons who are dedicated to advancing the future of river recreation. HDG is the source of new and fresh ideas. Together this Team will create an innovative and sound whitewater project that will provide a high quality river experience for the patrons of Avon, Colorado. The advantage that Avon gains by retaining this Team is not only in utilizing the highly qualified technical expertise, but also having the vision created by the local representatives of this rapidly advancing whitewater sport. The Team is comprised of play boaters who have been on the cutting edge of the sport for the Iasi fifteen years. We are passionate about whitewater parks and want to ensure that the park designs attain the desired skill level of the users. Many of the existing parks provide a nursery ground for new boaters, but Avon has a location that could attract enthusiasts from all aver the West. The breadth of our Team's experience is illustrated in the enclosed materials, which provide an in-depth understanding of the key strengths of our staff and our proposed approach for this project. In summary, we are prepared to complete your project successfully and efficiently. We look forward to the opportunity to discuss our ideas with you directly. Be sure to contact us with any questions or comments, 2 Pry' eat A roach The desire f or superior whitewater f eatures near Bob the Bridge has been an many boaters' rinds for many years. The river there has a pristine and remote feel, yet it is close enough to get in the water after work for some recreatiana Although the idea of a whitewater park at Bab is easily conceived, the concept needs a thorough Project Scope to move it towards reality. This Proposal is to create a Project Scope and develop a Concept Plan that will move the Avon ~hitewater Park towards Design and Implementation. The Project Scope will: • investigate feasibility and limiting factors, • review land, traffic and access issues, • quarry stakeholders, • account for future land use plaru~.ing, • reference economic benefits realized at other parks, • identify permitting requirements, • uncover available and required data, • and define the potential project extents. The Project Scope will be a wellwdefined and packaged basis for the Avon whitewater Park, The critical path for implementing the project timely and efficiently will be presented. with the completion of this Project Scope, the Town will be able to move towards design with the planning concerns on the table. This will give the Town the required leverage to navigate the project waters. Design and Implementation will rnave more fluidly. • ~ues~io~, Is the £agie Diver ~hro~cgh .A~.vo~ a good Mace f or a w~hite~vater Park? ~.rrswer: Exceiierrt. harry whitewater parks have beery forced into the wrong read of river becar~se the goverrrirrg entities view tirerrr more as a to~rrist attraction, Vl~hite~vater recreation is a ceiebratiorr of ~otirer I~atrrre and a good park ~~aiit be based at a rratzrrali~ good river iocatior~. fob the fridge spans a terraced canyon with good gradient, big rocks ar~d plenty of fiow..~un waves already forr~~ there crud the opportrcnity to sirr~piy err]~ance what is already there is what rrrakes the site excellent. A Concept Plan wi11 be developed as the Project Scope begins to solidify. The Concept Flan will be a comprehensive example of what might be achieved at the site. The Concept Plan will offer an implementation schedule and scaled implementation phases for along-terrn vision. The Concept flan will account for the planning issues and present an opinion of Design and Construction Casts for budgeting purposes. 3 The Concept Plan will: • layout whitewater features • outline access and potential trails • recommend viewing areas • address saf ety and other river uses • touch on seasonal use flux • present put-in and take-out facilities • preser~re and enhance the pristine environment A narrative and a schematic drawing will accompany the Concept Plan. The Opinion of Design and Construction Costs will be presented with line items for the features, access, facilities, etc.... The combination of the Project Scope and the Concept Plan will be a package that the Town can use to align partners, seek funding and effectively communicate the Avon whitewater Park Vision. After the Project Scope and Concept Design are complete and have generated the nornentum to move forward with the project, the Team will be available to lead the Town through the Design Phase. The Design Phase will commence with collecting the additional data recommended in tl~e Project Scope. Then preliminary analyses will be performed and the whitewater structures will be evaluated for performance. The Team will work closely with the Town to develop feasible alternatives for implementation, of which the Concept Plan maybe one or the basis of all, After the alternatives are f orrr~ulated and evaluated, they will be presented to the Town. The Town will then select a Preferred Plan for final design and implementation. with the completion of the Design Phase, the Team. will help the Town move through the Impler~.entation Phase, The Team. will provide construction monitoring, quality control and construction stakeout. The Team will work with the Town in preparing did packages as well as selection of and negotiations with potential construction firms. This project approach is an efficient and effective path for developing a superior river project. This approach maintains direction and focus while building efficient mamenturn. This approach allows far appropriate communication and collaboration with stakeholders and partners. The Project Scope and Concept Plan will take approximately one month to cam.plete. with good Town support and enthusiasm., the first phases of Implementation could be realized by runoff 2Q0~. "Nlud season" would be rendered an archaic and passe phrase. 4 . The Town of Avon has the opportunity to build whitewater structures which: increase the rivers attraction to whitewater enthusiasts, facilitating increased boater da sand the ossibilit of world-class whitewater festivals. y p ~ Enhance the visual aesthetics of the Eagle diver through downtown Avon. ■ Maintain the riverine habitat and provide enhanced fishing opportunities. Natural ecolo y, fishing and boating are compatible uses for this river reach if g desi ned properly. A properly designed park will have features that operate g throe h the range of flows, creating rodeo holes at high flow and providing g safe learning opportunities for novices at moderate flows. Intermediate boaters will utilize the park throughout the upper flow regime. whin flows are low, the features will be ideal for wading and fishing opportunities, The desi ned structures will provide velocity breaks for fish at high .flows and g . dee er pools for late summer and over-winter cover. Bank stabilization p efforts would also include fish habitat structures such as lunker boxes or overhanging banks. The hydraulics will be designed to help refresh alluvium, enhancing macro-invertebrate production. channel diversity will be a design criteria. ~m basis will be placed on access, not solely parking and foot access, but p including safe wading for fisherpersons and friendly eddies for boaters. f 7ef fined river access will have pooled water at the river edge, providing a safe area awa from the current. Definin bank access will limit degradation in y g the ri arian zones by concentrating foot traffic. Access emphasis will also p include features such as signage, designated viewing stands and changing screens. A and whitewater park attracts spectators and they need to be g facilitated. The potential exists for the corr~rnunity to have a whitewater park worthy of a whitewater festival. • ~~~es~ion..Does ~ w~'~itewc~terl~a~k degrr~de~'ishing or ~~e ~aturc~~ habitat? ~4rzs~ver, Qrdr ~"ec~m i~cas a great respect fnr the ~c~tive eravirorararent c~nd esthetics of rivers. in fact, the respect of the river habitat resor~rates thraiaglaout the white~c~~ter corrara~unity c~~td creating this park will opera the door for rtew river ste~c~c~rds. ~"1~e teerrn designs whitewc~ter stra~cttcres that have beep proven to benefit fish ~icabit~ts end we r~lwca~s design for ~ucade f isherpersoras to tcse the strrccta~res ~t io~a flow. ~n cac~~itian, eve cc~n incorparc~~e structr-ores that care solely for fish herbitc~t. V1~e constrrcct with native local rrac~teric~ls, do not recarr~r~~end concrete c~nd ulwc~ys include ripccric~rt zone eralac~neements ira o~-~r design. A completed whitecuc~ter park ~c~ili look card feel like u nata~rctl river, with the cadditior~ of ca few boats. 5 The natural esthetics of the river is something we maintain and we do not unit the river to the water in the channel, but include enhancements far the 1 nks and the ri orlon zone, The ri orlon zone is essential to this project. The ba p p . zone rovides a biomass in ut for the riverine ecology, a w1ldl~fe corridor, p p . . nnel stabilit and flood diss~ anon. The riparian zone wzll be delineated cha y p for reservation and ~ or enhancement, willows will be planted along banks p and law areas: An trails or bank access would be designed to respect and Y rotect the native habitat. The Avon whitewater Park will represent a wild p d en'o ed b the and rast~ne environment that ~s easily accessed an ~ y y p community. • ~~estiar~: I~s there ertot~gh comrt~unxt y su port ~ f ar the Ava~ w~hitewater .dark? Answer: boater popuiat~on in Colorado has been rowin ex onentially aver the last ten years. ~ Our ~'eam will help orgca~~~ze ~ g p ~ rs. ~'he the local bowers ~~tto a vane that can be heard by the dects~an rr~ake breadth and de o the boating community is impressive and aUe care worthy p f re resentatives. Sta ire a whitewater festival ~n ~~cne will draw thousands of p gg eo le to Avon that will fill the restaura~~ts, bars and hotels auhen they are pp ~ icall slow. A ark here could also be f urac~ianing ~n J~~l~ and A~~g~cs~ anc~ 1p ~ p ai continue to draw eo le who have i~m~ted other locations to v~s~t. Many lac pp b~~sinesses recognise a white~vater park as an economic boon. 4, ~ro~ect "Ti~in~ the word ets out and the momentum builds for the Avon whitewater when g Park the ublic desire will be to have it functional by runof f ~00~. diver p ra'ects re wire extensive design and permitting and usually have a narrow p 1 construction window. The advantage of the Avon whitewater Park ~s that there are a number of atential locations and phases that the project can be p divided into. It is the Tear's estimation that at least a portion of the project can be implemented and functional for runoff 200. • uestion: Can so~~e of the Whitewater Features be functiortat by runo 0 200d? .Anszcjer: Yes. ~o~oever, timing is tight with tine perrx~~tt~ng ~f races, constr~~ction avindocv ar~d rutivf f Zaa5. ,~esig~~ sho~cld be completed p b mid Arc ust Z~05 to meet tine scl~~ed~~le. Cnod ch~tnrael upping will be tl~~e y g basis ar tl~e deli n, ~'herefare, to be able to complete design ti~azel y, the f g baser~aa sur~ve sho~~ld be completed before r~~nof f .aa5 ~iQte ~4prii~. p y and tike Otherwise ~t ao~ll not be passible to survey tine channel ~~nt~l late ~~cly design cot~id' be delayed. he Avon whitewater Park has otential to extend over a significant reach of T p river. ~ ortunities and bases will be recommended in the Pro ject scope; pp p however, the project timing has .been broken in three phases to frarr~e a project timing example. Phase 1~is an attempt to implement same whitewater features near Bob Bridge by runoff ~OD~. Phase ~ will be to implement the access, viewing and public facilities as well as additional whitewater features and riparian enhancement. Phase 3 will address a larger reach of river and include fishing, wading, binding, riparian and a number of other river recreational opportunities for Avon to enhance. Uur Team has developed a design process for features that maximizes fish habitat, provides for world-class whitewater recreation and establishes an appealing aesthetic that the Town can identify with. The Design 'rocess will include the following tasks and meet the following schedule: Task ~onl ~etion I]ate Project Scope and Concept Plan May 14, ~DD5 Public ~Jutreach ongoing Basemap Survey Phase 1 I14ay 14, ~DD5 Alternatives Development Phase ~ duly 14, 2DQ5 Final Design and Permitting Phase 1 August 14, ZDD5 Implementation Phase 1 November 14, 2DO5 ■ Basemapping Phase ~ & 3 Noven~.ber I4, 2DD5 ■ Alternatives Development Phase Z & ~ April 14, 2DOb ■ Final Design and Permitting Phase Z & 3 dune 14, ~DD~ Implementation Phase ~ & 3 November 14, ~DDb Proposed hosts The Team will complete the Project scope and the Concept~Plan with three copies of the package for the Town for a lump sum fee of $4,000. The team is available to perform pre-runoff basen~ap survey upstream of Bob the Bridge far $Z,3flU in order to facilitate implementation by runoff ~DD~ see Project Timing}. Furthermore, the Team will be available for any additional requests, tasks or change orders based on our very reasonable hourly rates below}. Potential additions during the Project Scope and Concept Plan development maybe. stakeholder presentations; public meetings; analysis of Wolcott Reservoir operations and necessity of filing a Recreational In Channel Diversion ~RCD} water right; or any other request of the committee. 7 ~'ec~~r~ M~er~ber.~au~~y ~~~~i~gl~r~tes Aaron Lombardo ~SS.oO~bour wrest Jones ~5~.041bour Sean Moore ~~'S.oOlhour Jason Carey, P.E. $95.00 /hour • Q~estiorr: why shor~IclAvon build a whitewa~er~'~~1c with Seagate dill d2 aa~ the table ~a~d the lia~it~tiot~ o f the ~~~.~s? Answer: S~ GZ and tyre I~ICDs neither redtcce, increase nor guarantee the flow in fire river, that`s r~~ to .Mather ~atrrre. ~'he Eagle River at Avon has plenty of flow for a great pariC and the structures will be frrn a;i~en the river drops to X50 cfs at t]~e end of the season. It's a fallacy that everytiiirrg is a "green run" at law fio~v and „blaciC" at high fla~v. "green rrcn" is still green ~vith a rot of snow an it. V1je ~Uill design a rrrix of beginner to advanced features that operate throughout the range of flaws that ~otlrer nature delivers. ~'he .I~IC£~ is not necessary far the near term nor for implementing this Vi~hitewater I'ar~. ~"he completed Vl~hite~vater I'arl~ and a ~ICD ~Uill give Avon a seat at the table if future reservoirs or transr~rountain diversions are planned rrpstreana. ~"he ~"earrr is available to do further analysis on future water developn~ten~ in the basin and the pros and cans of a I~ICD. All efforts expended and information developed in the Project Scope and the Concept Plan will be directly applicable to the Design Phase where the benefits of the initial investment will be realized. The ultimate goal of the Team is to create a whitewater park on the Eagle River that the Team can personally play in. we are enthusiastic about and invested in the success of the Avon whitewater Park: In the event that this Team is retained for the Design Phase, we will directly credit to the project the initial costs incurred by the Project Scope and Concept Plan. 6 Pra`e~ ct ~`ea~m The design, engineering and implementation of river structures that appeal to all aspects of the community are the achievements of our Team.. Eor the Town of Avan, we have compiled a Team of experts selected to provide permitting, design, engineering, surveying and construction supervision for this project. This Team tapes great pride in their work and does not have an overloaded backlog that could detract from the en~.phasis that this Team places on this project. The lead members of this Team. will be intimate with the project, perf owning and overseeing the entire project, and available to the Town at any ti~.e. An outline of our project Team ~.err~bers is as follows; Forrest banes has a decade of experience in all aspects of whitewater. After s endin b ears teaching safety and river stewardship, Forrest turned to the p g y technical side of whitewater. Plewas co-founder of Techline Sports lnc. Techline is hi hl re aided in the whitewater camm.unity as being one of the g Y g true innovators in the field, producing the Sin kayak and Lidds helmets. ~e has also been a technical representative and marketing director for Bomber Gear fnc. Forrest has been instrumental in the feasibility study of the Colorado Timberline Park. ~e was also a lead designer rr~aintaining the whitewater Park on the .Animas River. The latter is considered by much of the whitewater community to be superior to any other whitewater Park in Colorado. Aaron Lombardo was the visionary behind the world-class upgrades to the melter" ra id in Duran o, Colorado. The on final designer did not design ~ P g g the ra id to maximize its potential. Mr. Lombardo was able to go in and p remake the rapid into one of the best man made features in the world. Since the cam letion of work, the rapid has been recognized as a benchmark in p . whitewater Park Design. Aaron has spent a great deal of his if e ~n a kayak. Much of that sharing what he laves with others as a 1O-year kayak instructor and 10 ears of bein the safet supervisor for Class ~ raft trips. his y g understanding of natural river ecosystems and his ability to share his knowled e with others have made Aaron Lombardo a valuable asset in River g Design Sean Nloare is a regulatory specialist. ~e has a Bachelor of Science Degree in Geo ra h and related mapping. ~e has over 1 years of environmental g py cam fiance work. During this time he has processed over ZOO Army Corp P 4O4 Permits and gained extensive experience in other environmental disci lines related to development projects including: special status species p assessment /compliance; water quality, storm water and erosion control issues as well as cultural resources management concerns, Mr. Moore also ossesses digital mapping expertise and is fluent in related software to assess p potential effects on natural resources from development projects, 7, References and E~ erence RiverRestoration.org and the hydraulic Design Group have significant ex erience in ra'ects with awls similar to the goals of this project. p PJ g to ~i~er~es~nra~io~.or • Lag~le .diver watershed .~r~veatar~ ar~d Assess~ner~t, ~ecreatior~al .River Access ~Z004-c~~rre~t~- Mr. Carey is acting as Project Manager in developing an inventory and assessment of recreational river access in the Eagle Diver watershed. A narrative of use, impacts and potential for improvement to drainage, bank access, parking, signage, restrooms and waste facilities, and trail connection, is developed for each access point. The Eagle River and Gore Creek are very popular recreational destinations and this work supports ongoing efforts of the Eagle River watershed Council, Caroline Bradford, Director, 9?Q-827-54~G. • Ca~solidatio~~ of tie willia~ns aid walker Ditches, Yampa .River ~2004- currertt~ This project is the first phase of implementation that resulted from the Section 2~6, Yampa River Hayden Restoration feasibility study, managed by NIr. Carey. Current irrigation practices include dredging and channel excavation that has exacerbated river migration, causing major loss of lands, Mr. Carey is leading the technical design for an environmentally sensitive diversion structure that will alleviate river degradation, provide fish passage, provide boating opportunities and provide efficient irrigation deliverya Bob Stoddard or John Fetcher, upper Yampa water Conservancy District, Steamboat Springs, CCU, 9?~0-879-2424. • ~lac~ Dare 'reek Fatal ~axim~cm Daily Load ~2D04-current- Mr. Carey is supporting a multi agency, multi disciplinary Team in developing a TMDL to address the impacts of 1-~o an Black Gore Creek at 'fail pass. Construction, operation and maintenance of f -~0 have caused adverse sedimentation in Black Gore Creek, impairing aquatic life. My Carey has been instrurr~ental in developing the structure for the TMDL and performing monitoring to support implementation of the TMDL. This work supports ongoing efforts of the Lagle River watershed Council, Caroline Bradford, Director, 9~0-827- 54ob. • upper Colorado .Endangered Fish ~ecavery ~'rograrn X2000-2004 Mr. Carey acted as Project Manager for evaluations, alternatives development, preliminary design, and construction design for endangered species habitat enhancement. Bottomland areas of the Colorado, Gunnison, and Green Rivers are being re-designed to improve natural interaction and function with the amain channels. hydraulic, hydrologic, geornorphic, and sediment transport analyses were perf owned by Mr. Carey in developing design. Mr. Carey has acted as a hydragraphic survey crew chief for initial reconnaissance, construction stakeout and monitoring. Mr. Carey has developed plans and specifications and cast estimates for the restoration of six bottomland sites. ll This work was perf orrned in conjunction with the US Fish & wildlif e Service, Pat Nelson, Elabitat Director, 34~-9d9-~`32Z X226. ~ec~io~ Z4d, Yampa .River ~a yden ~ies~ora~io~ ~ZOO~-20o4~ ~ 1VIr. Carey acted as Project Manager for an ecosystem approach to river restoration of approximately 14 miles of the Yampa River in Colorado.lVlr. Carey directed surveying efforts, characterized existing conditions, identified environmental degradations, developed alternative solutions, and analyzed cost effectiveness to present a recommended plan of action. M. Carey was instrumental in the development of a Data Identification Report and a Detailed Project Report and an Environmental Assessment for the Sacramento District COF. This project required that IUIr, Carey deliver a very high level of coordination between project sponsors, stakeholders, The Nature Conservancy, the Fish and wildlife Service, and the CAE, The project includes the design of environmentally sensitive diversion structures, irrigation delivery systems, and invasive fish species exclusion structures. Brad I~ubbard, Project Manager, Corps of Engineers, 91G-5~?-454. ~ Section god, Arkansas Diver l~is~eries habitat ~estoratio~ ~'Za~c, .~a~ebto, Colorado X1999-ZDb2~ ~ Mr. Carey has acted as Project Engineer in defining existing conditions, developing alternatives, estimating project costs, and developing preliminary design for the comprehensive rehabilitation of 14 miles of the Arkansas River and the"adjacent floodpains. Mr. Carey has contributed greatly to the development of an Ecosystem Restoration Report and an Enviran~ental Assessment for this project. NIr. Carey acted as crew chief inreconnaissance-level field investigations of the study area for vegetation delineation, materials sampling, and geomorphic characterization. I~ydraulic, hydrologic, and sedimentation analyses were performed by NIr. Carey. Mr. Carey then developed a full range of conceptual alternatives for the restoration and enhancement of the ecosystem. Basic alternatives included in-stream hydraulic structures ~bendway weirs, vortex weirs, crass vanes, boulder clusters, and grade control structures, in channel bank stabilization and modifications stone tae protection and vegetated barn, fisheries habitat structures, riparian and wetland plantings, island habitat formation, and carnmunity access. 11~r. Carey recommended and performed preliminary design on a dual use fish passage and kayak park on a major in-stream diversion structure. Preliminary cost estimates were developed by Mr: Carey including construction costs and ~JMRR~R costs based on materials and construction quantities. Restoration design has been performed by 1VIr. Carey including comprehensive hydraulic modeling, channel realign~.ent, and preliminary design drawings. 1VIr. Carey has also participated in a Value En ineerin Stud and ravided desi n input to the CAE for development of g g y p g i~ a , final Puns and Specifications. Throughout this offort, Mr. Carey has been involved in high-level communications and coordination with the Albuquerque District CDE and local sponsors. Construction of this project initiated in the Fall of 2DD4. Scott Dobson, Planner, City of Pueblo, 719-543- 6aa6. • Section 24d, So~~t~ fork ~e~o .River Restorefior~ flan, Baor~e,l~or~~ Carolina ~ZDDD-~DD~~ Mr~ Carey has acted as Project Engineer in defining existing conditions, developing alternatives, estirn.ating project costs, and developing ions and specifications for the comprehensive rehabilitation of 1,~oQ feet of p the South Fork New River and the adjacent floodplains.lVlr. Carey led this project from initiation through construction support and post project monitoring. Throughout the completion o this effort, Mr. Carey has been involved in high-level communications and coordination with the f3untington District C4E and local sponsors. Construction of the project was corn.pleted in May of ZQa2, and in the Summer of 2oQ2, the Project Delivery Team was nominated for the CELRD Commander's Project Team of the Year Award. rTl~.e project survived a 5Q-year storm event in the Fall of 2QQ4 with the formation of beneficial scour holes and refreshment of alluvium. Jim Byrne, I1~anager, TOwn of Boone, NC, 825-265-32Q6, ~'~e dr~~~tic .~esi ~ Grou BAST PR~1J ECTS ~~.~~NT. ~~ty ~f Dur~ng~, c~ PRa~~cT: Animas Illlhiewater Park oaA~.s: Park Revitalization, Conceptual Plan, Final Plan and, Construction ~ ~ ~z w ~ _ `'Y Durango, Colorado was one of the first toms in the United States to create a whitewater park. Located at the intersection of the Santa Rita Parkway and Camino dei Rio, this park is a crucial part oi" the entrance corridor to Durango, and has helped earn the town a scenic reputation. The park had been a success, but had never seen it's full oatential. when The Fvdraulic Design Group members Lombardo i3 ~ { 9 Jones Hydrology ~carnpleted reconstruction of the park in September of ~g4, attendance doubled, International Freestyle competitions came and the park in general became a more lively place The park has became a place of quite warm relations between fisherman and floaters because of the positive effect the park has had on fisheries Possibly the parks true innovation lies in the quality of the features at a wide range of flows Nowhere before had a park provided such quality lay spots at such a range of flows. The local Steering Committee had a great deal p of influence on this project and close communication was vital throughout the process. This project emphasized the importance of maintaining close communication with the Steering Committee; to be sure all needs are met Some of the main goals of the project were to create a safe feature for a wide range, of abilities, a world-class "park and play" freestyle wave and viability at a wide range of flows. RICD, CwCB, Army Corp and CD41N permits were required. Cathy Metz, Parks and Recreation Director, City of Durango; X970}-375- 7329 what eo le are ~a in about the Animas l~Ihitewater p p Y 9 parkM "These new features have been highly acclaimed by the users of the whitewater park" Cathy Metz, Parks and Recreation Director, City of Durango "My job entails traveling throughout the Rocky Mountains at various whitewater parks, nowhere have I seen such a dramatic improvement than at the Durango whitewater course," "vVhitewater Parks have become common over the last few years, but none of the many I have seen approach the quality, diversity, and usability at different river flaws as what has been created an the Animas River." Brian Brown, Dagger sales representative; ~9~'0}259-~fi94 "In the ears since Forrest Jones and Aaron Lombardo were involved in the y improvements in the park, it has dramatically increased the parks use and reputation, and brought individuals from all aver the world to Durango," dim Carver, Carver Brewing Co. "Asa roessional kayak competitor for 1D years, I have visited mast whitewater P parks in Colorado, the US and the vVorld. The improvements to the r'~ver features are some of the best I have ever seen. These formations were safe and fun for all river users." Dan Gavere, whitewater kayaking Icon 4 ~ k c~.~Nr: Con~n~unty of Rangely CCU PRO~cT: white River Illlhitewater Park GoA~s: Feasibility Study, Conceptual Plan, Final. ~esi~n Community of Rangely was looking for a new tourist draw for their Community in the out-door recreation industry. intended to combine a new Camper park., Tourist Inf ormation and heritage Center and world Mass whitewater park adjacent access to the white River. Qther concerns, were river access, ~5-year flood events, and fish habitat enhancement. Lame Stewart, Town Manager, City of Rangely, C~ ~~~'o~-b75-S~7~ IS 'Ttl: honorable Mayor and Town Council ~h ~ ~ Larr y Brooks, Town Manager I"[3n1: Norman wood, Town Engineer ~lc~t~: April 5, 2005 ~Q~ 2005 Avon Street Improvements . Construction Contract Award Su~"1n1►ary~ We received two bids in response to our Advertisement far Bids for the 2005 Street Improvement Project. Elam Construction, Inc. was low bidder with a total bid of $1,068,560.70 Exhibit A~. ~ldcastle Sw group, Inc. d.b.a. B & B Excavating was tlae other bidder with a total bid of $1,247,720.61 Exhibit B~. The Engineer's Estimate ~Inter~ ~Iauntain F,ngineering}was $1,076,285.00. The two Bids and Engineers Estimate are summarized on the attached Bid Sunrn.ary Exhibit C~. The current Project Budget is $865,000 as approved by Resolution No. 0506 at the February 22, 2005 council meeting. one item in particular that stands out in the Bids is the Automatic Pedestrian Light System with a low bid of $323,000. Alternate No. 2, with ~.is item deleted has been prepared for Council consideration due to the relative cost and benefit of this item when compared to other possible systems. These Alternates are: Alternate X0.1 Accept Bid as submitted by Elam Construction Company. & Amend Proj ect Budget accordingly. Construction $1,068, 5 60 Design & Engineering 40,000 Contract Administration, Testing & Inspections 10,000 Administration Advertising, Public Relations, Printing, Etc. 10,000 Contingencies ___.79,000 Total Proposed Budget $1,207,560 Alternate No. ~ Delete Line Items for Automatic Pedestrian Light System at Avon Road Crosswalks by Change Order concurrently with award of Contract. Construction $ 745,560 Design & Engineering 40,000 Contract Administration, Testing & Inspections 10,000 Administration Advertising, Public Relations, Printing, Etc. 10,000 Contingencies _ .___.59,440 Total Current Budget $ 865,000 we recommend Council proceed with either Alternate Na. l ar Alternate Igo. 2: Alternate No~ 1- A Resolution to increase the Budget from $ S65,OD0 to $1,207,560 is included an this Agenda. If Council desires to proceed with Alternate I~o.1, it should also approve Resolution No 05-16 to amend the Capital Improvements Fund Budget accordingly, Alternate No, Z - A Change Urder deleting the line items for the Automatic Pedestrian Fight System at Avon Raad Crosswalks is included with this Agenda. If Council desires to proceed with Alternate No. 2, it should also approve Change Order Na.1, deleting the Automatic Pedestrian Light Systems at Avon Road Crosswalks and reducing the Contract Amount from ~ 1,068,560.70 to $ 745,560.70. Nate: This Change Qrder has been discussed with Elam Construction Inc. and they have stated that this change is acceptable to them.. Di$~uSSion Various options for activated lighting at the crosswalks on Avon Road were presented to the Town Council at a work session during the design devela ment rocess p p far the Street Improvement Project. Council overwhelmingly selected the in-pavement lighting system at that tune aver the other options such as o1e-mounted si s with edestrian P p activated LED lights. The Street Improvement Plans and Bid Documents were developed based on this selection even though very limited pricing and maintenance information was available at that time. The bidding process has established this as a relatively expensive option with bids of $ 323,000.00 and ~ 332,445.44 for this item. We have spoken with Joe Paulson, Signal Qperations Engineer from the City of Boulder who implemented the same in-pavement lighting system as bid for this project several years ago. They have had issues with snowplow damage, but an even bi er roblem is that the li hts gg P g require almost weekly maintenance to remove sand, gravel, mag-chloride and road grime in order to keep the lights visible to motorists. VVe would expect this problem to be even worse in Avon than in Boulder and with sixteen locations this could be a significant on-going expense. Joe said that they also have LFD dashing lights embedded on a pedestrian sign and that it has a much higher compliance rate than the in-pavement lighting, Motorist compliance rates far the LED-embedded pedestrian signs are comparable to the combination of in- pavement and sign-mounted systems recommended by the manufacturer. They end that the sign-mounted systems are substantially less expensive to install and require minimal maintenance compared to the in-pavement systems. We are reluctant to recommend implementation of a technology that has had limited success in Boulder combined with relatively high capital and maintenance costs. Based upon this infa~nation we believe it prudent to present council with at least two options for consideration in evaluating the Bids received for this project. one with the in-pavement pedestrian activated lights as previously selected and one without these lights. • Page 2 i If Council chooses to delete the pedestrian activated light system. as bid, we do recon~end installation of conduit in conjunction with the replacement of the crosswalks and that we also continue to investigate alternate systems that would be less expensive to install and maintain and be more effective. It may be possible to cover some of these costs from the contingencies in the current budget. F~ n a n C 1 a~ n1 p~~ at I o n S: Alternate No. 1 requires a Capital Improvements Fund Budget Amendment increasing the project budget $342,560.00 from $565,000 to $1,207,560 reducing the Capital Improvements Fund Balance accordingly. Alternate No. 1 is also expected to require an increase in future years street maintenance budget to account for the additional time and costs for cleaning and maintaining the in~pavement system. No Financial Implications are anticipated with Alternate Na. 2. Recomrn~ndation: Alternate No. Approve Bid submitted by Elam Construction, Inc. in the Amount of $1,065,560.70 for the 'Town of Avon 2005 Street Improvements and authorize issuance of Notice of .Award. ~By separate Agenda Item and action approve Resolution No. 05-16, A Resolution Amending the 2005 Town of Avon Capital Projects Fund Budget for the Calendar Year Beginning on the First Day of January, 2005, and Ending on the Last Day of December, 2005.} Alternatives: Alternate No. 2~ Approve Bid submitted by Elam Construction, Inc. in the Amount of $1,068,560.70 for the Town of Avon 2005 Street Improvements and Change Under No. l Deleting Section I -Avon Road, Bid Item 3.6 Install Automatic Pedestrian I.~ight System reducing Contract Amount$ 323,000.00 to $ 745,560.70 and authorize issuance of Notice of Award based on the reduced amount. Pro~oSed ~ot1o11w Alternate No. l~ I move to approve Bid submitted by Elam Canstr action, Inc, in the Amount of $1,068,560.70 for the Town of Avon 2005 Street Improvements and authorize issuance of Notice of Award. Alternate No. 2~ I move to approve Bid submitted by Elam Construction, Inc. in the .Amount of $1,068,560.70 for the Tom of Avon 2005 Street Improvements and approve Change Order No.1 Deleting Section I Avon Road, Bid Item 3.6 Install .Automatic Pedestrian Fight System reducing Contract Amount $ 323,000.00 to $ 745,560.70 and authorize issuance of Notice of Award based on the reduced amount. • Page 3 401, T"arr~n Nl~nager ~on~r~e~nt~: F' g t ~t ry~.~ ~~~~~~~1w~~~~■ ~ .Exhibit ~ 2005 Street Inproven~ents Bid Summary 2~ Exhibit B Elam Construction -Bid Form 3~ Exhibit C B & B Excavating -Bid Form 4} Exhibit D Resolution No. 05- ~ 5~ Exhibit E Change order No, ~ • Page 4 . . . FI~^'-C~5"t7~ C12.43P TQ1N1""# o~ AVC~rt 9~C] 74S 1~~~ P'.C]~ 'Tl~e Qwner will act an tl~.s prc~ oral within fa~•fve ~4~~ c~~~s follov~in~ rec;c:ipt. Upon A e take and a~ar~. cif the ~ontraGt to the undersigned by the Qwner, the unders~~neC~ shall ace p e~;ute the contract Documents, and ~Curr~ish ~erfan~nance and 1'aynaent ends far the Bull ~x gaunt ❑f the Cc~~~tract within ten ~ calendar days to insure proper compliance with the terms an a d ravisians Qf thc~ ~or~tract, to ~~ara~~tee the worl~ u~~til final cc~rnpletian and acceptance ~p ' 1 a~~tce eric~d. sti ulatc~d, and to ~~aaxantee payment +of all lawful clairr~s f~~r labor 1nG ~ 1~di11,~ t~1~ gU dr p p erfr~rri~ed and rnate~als fur~~ished in the fi~l fillmcnt of the C;antract. " ~ ract sh 1l eor~timence nc~t later than 1Vlay 1 2~~5, and the ~~~.dersi~ned shall work under this dart a e s in a manner satisfact~ary to the ~w~~er. such work for thG Avon Rand cause ~vor~k t~ pragr s 'ect shall be can letcd not later than Ii~y ~5~~ calendar days tram the date of port~an of the pray p ' e undcrsi ed bi~cfer f~~rher agrees to pay as liquidated dan~a~cs tl~e sum Nc~t~ce t~ proceed. Th gn , ns~;cutive calenclaar da th.erea~er, as hereai~er pro~rided ~n the ~l~r:c~a1 o~~Z,C~U~,D~ fog each ca Y ' ' ~ ~nder such wank shall he completed not later than ni~~ety ~9C~~ calendar Ca~,~~t~ans. ~ be rc,m~u s foam the cl~.~e of ~'atice to p'raceed. "f he ~tndersi~n.ed bidder further a~recs to pay as cl ~ . , , ~ f ~4~~.~~ fr~r each consecutive ~;alenrl~r day thereafter, as her~;a~er l,ytudaCc,d da~na,~c,s the ~utn c $ provided i.n the special C~anditions. ~ ` e~ that the bid ricer contained in thi. ~'roposal have bce~1 carefully Z he under~~~ed ~.crt~f~ p chcckecl ar~d are submitted correct anc~ ~i~dl. r 1 t.34 ~ thts 1st ~ c~f~,~ ~ , ~~~n 41~ ' r Harald ~~a~ ~'re~iden~ ~t~iltrdctc~r's L►1CC17~e ~a. ~ r " i t3F~z ~ i ar~-24-a5 C~~ : lEP Town a~ Avcan 9~d 7~8 1958 P - Q4 , M ~ ITENIIZEa BID SCHEDt1LE Z~~S AVON STREET II~IPROVEI~lENTS ADaEND~M ~ - MARCH ~4, 04~ QUANITtY t~N1T UNIT TOTAL PRIOR COST S~cticn t ~ Avon Rv~d OENER,AL L,.S. ~ ~ .t '1 .'I MQ~il~~~tic~n . ~.0 DEMr3LTIQN I'~~alt ..F. 2. t~ 7~ 1 5awcut Ex~st~n~ ~ p mb ~,2 Full Dept #~~phalt Remc~r,~al 5,a~3 S.~. 3 R ~ e~ ~ ~.4 R~mvve ~tar~pec~ Oat~rr~t~ Crns~walk 4~_ S.F. ROADWAY ~ 7`0 C.Y. p~ ~ ~la~s 6 I~o~d B~~se 30 TONS 4~~'.--~ ~ Asphaltic C~n~rate Ratat~t~aCk Deep t~ TANS ~ Aspl~al~c Concrete Desp ~av~r rvto-rrti~l~ Epoxy Paint Sttipin~ Z,~Q L.F. ~ ~ riled Platlc Ravemanl It~larlcinga ~ L•~~ 3.5 Prefor p~ 3,6 InsRall Automatic Pedestrian Light Sy~kem 1 L.~~ ~ .7 Carterete Pavers Gra~swalk wl Concr~Ie Base ~,~~8 S.F. 3.~ Canc►~te gang 9~~ L.F. UT~.ITIES ~ Ad's~st ~1ar~l~Qle Rirn ~rsda 1 EAGH ..--M~~ J ~,0 TRAFFIC CONTROL ~ ~ 1 S . ~ • " ~s.."""" 5.1 Equipment anc~ Per~or~r~ei ~ ~ - - sECTION I TOTAL ~ I ~UANITIY ~lNIT UNIT TOTAL PRICE COST ~et<t~on ~ ~~Ilie"~ Zara ~.~s G~ENEI~AL ,cep, ~ ~ ~ °b ~ L.S . b ~ ~.1 I~labili~atiarl TON ~ 2.~ DEIUIOU I 3,~ 1 S.F. ~ , f 1 Ro[a~It~lllir~g . 2" ~.0 ROADWAY ~ Asph~tic Gancrete - Overlay ~a4 TQNS C.~, ~ ~ E 3.~ Cla~~ ~ Bass ~r~urse for 5h4uldar ' E nx Paint ~tripin~ ~,~57 L.F. ~ P Y .k EACH 3.4 PreTorme~ Pl~stlc Slap Rat ~~~7~~} EADK ~ Gp ~.5 ~~eed Bump UVarnlr~y Markirtg~ 4,~ TR~IFFIC C~INTROL ~j,~ and ~arsar~r~el 1 t.5, 4 . ~ Equipment TOTAL ~ S ECTIt~N II ~.~~~~~on~ ~ ~(11~}5l~V~f~ "T~i~~~ I#A Received Time a . 4, 3 ,51PM i~iar~-~4-D~ a2 : 1t~P ~T'own of Avon ~~C7 ?48 1~.~8 P ~ t]5 r~F ITEMIZED B1Q SCHEt3ULE 24~~ ~t~iCN STREET II~pRC~11EMENTS Q~JANITIY U~i1T UNIT T~YAL PRICE C05T ~ecf'.ian ~ ~!d ~'ra~~ i~var~ 1.~ GENERAI. ~ L,~. ~ acs. °a 1.1 Mo~;l;~etian 2.4 QEMC~LITIC~N M 2.1 R~mc~v~ ~f Ex. Graved ShQUiclcr 335 C.Y. ~Q ~ Rcm~ve Existing Strrlr}~ 7,84 ~..F, b~ 7~ ~ ~,3 5awcut Existing Asp~ait ~',~~D L.F. ~ ~ 2.4 Full Qepth Asphalt ~ Bssa Course R~mov~l ~,~84 S.F. ~ . 3.0 RpADV~tAY 3.1 Aspl*r~l~ti Gon~rete fir Rc~ac! ~rtd Pat1~ 1,355 TANS ~ 31~ Clays fi 8~s~ ~~Ur"e for Shouici~r 94 C.Y. ~ 3,3 Epoxy Paint 5tripin~ 13,25 L.F, .,~,,,~~►„b..~,~ 3.4 Preformed Plastic Btop Bar ~~5T3Q} 2 EACH ~ ~ 3.5 Pedestrian sane Syrn~ois 8 EACH ~ , ~ 3 6 fed. Large Delineators - TAPC~ Madei ~GG1' 365 EAC~i ~a ~7~ 4.G TR~FFIG Ct7NTfiC~L ~R 4.1 Egtti}~ment er~d persvnr~el 1 L.S. ~ sEcTICN Ili r~TAL ~ ~1~ gU~►NITiY UNIT t1NIT TC3TAL PRIDE CAST Sriotlc~r# !V ~ Nvt~i~~ham Raad 1.~ GENERAL '1.1 Mabilizativr~ 1 L.S~ ~ . dEMULITIC~N 2.1 Rato~rt~itiing . a,e54 S.F. ~ ~ 4 GCS 3.A ROADWAY 3.1 Aspaltl~ Concr~#~ - C~rari~y 2~ "CbN~ ~ ~ ~ 3.~ Class 6 Base Cr~urs~ vr1 Shoulder 54 C.Y. ~ ~D• ~ 3.3 E~axy Paint Suipir~~ ,22,226 L.E. b~_~d__ 3.4 Pref~rmec~ Plastic stop far ~~~7~~ 2 F~CH • 3.5 Pavement Yield Marking ~ EACH ~b~►'~_' b 3,6 Rem©ve & Re~1aCe Existing Cc~rl~ ~ Gutter 18 ~t~.,~ 3.7 dull Dept Asphalt Rerr~oval ~ Repi~emer~t ~~l S.F. _ 3 8 Reset Parrers $ Adjust irrigation lfaive Box ~cad~ 1 L.S. ~~~~p,~ ~ 3,9 Rai:e Gua~dr~il to Proper Hei~nt 1,740 ~..i=. L~~,~ ~.Q ~ UTILITIES EACH ,~`7'~, ~ 4.1 adjust Manhole ~re~s 4.2 Adjus# 1Nater Volvos Grade 10 EACH ~ ~ R ~p T~~S ir,~~TR~1AM1 5.1 E us m®~~ end Persor~r~el ~ AIS. b ~ ~ SECTIt~N I~f TOTAL ~ Tt~TAL EASE BID: a►r,•~ 5 v~ ~c~n ~ ~ rt~5 AV©r~l 8 t~~T ff4~P 3t~~1i~~:~ 7Qtwalm~•91d ~s~Cr~~ x-1-05 h I 1 T I K . A r.~.. Received lime Mar 2 .:IPM Lb I Ap~^-DS~~]~i DZ : 43P ~`~wn off' Av~rn ~~'Q 74~ 19,~~ ~ . D~ ~ ~ ~ T~~~' ~F ~~'aIti ~'~'~.E~LT' .C~VI~`~~~~~~YIE:~~' B1~ ~'t~1~ ' ~'J ~ ~~a~p Ire r ' ~•r ti~ A~ l 1hr/ 4 ( x ~ ~~1✓ ~ ~ ~ w.wrrr.~xwwrrrrr ~ndl~r~dua ~ _~.,,~--3 ` l don ~u~~~~~as as .k ~ E ~ ~ ~ ' parto~rs~~ ~or~.~st~n~ o oration car anized end oxst~,x~~ under tie L~~s of the ~tdt~ off` C;ol~r~c~a~ ~ cc~~ ~ ~'o. 'Town of ,~~on Box , A~ c1n, Cc~c~r.c~o ~ G~~~ ~S~ ~ ~ ~ ~ ~~~n d~erti~a~e~~t far Bi,d nsru.~~ia~s to ~~idd~:rs, ~~ued ~y t1~e Tc~~►~ o ~ ~~~uant to tie A a nor ~a~erias re uir~:~~ ~r t~~ ~~Qn Street In~p~'o~em~:nts, Town C.o~orddo~ urn~~h ail I 1 anal a urten~at wont ~s shown u~, t~~e ~3ra~~~~g~ dnc~ ,~Pecif c;~tiot~~~ of .~~o~, ~oora~.o, PP ' Ei~~Iotl ~ ~ll]n Cif ! r ~Ff ~i' u~ at I fir th e ~ e are S ~ der tl~e .~~lowin~ ~3id ~ohodul~~ ~v~l ~ ~LA~~ ~~~~pA ~l for the ~c~.t~+~a~ ~ sc.t~. of ~ as der tha fo(lca~~~~~ did Sc~e~u1~~ 1~c~11a~~ ~ .,~~.~-a fog tl~e Sa~;~o~~ 1 ~I gun of ~r~~ ~ der t~~o f~l lo~'~t~~ ~~~15~,~~ec~ulc;. ,~1 for the ~eit~o~ ~uxn ~f ~ L~ol~.rs alb fog t~~ ! (:~T~~L st~r~n f~.,...,~.~........ T~o~~ar~ . ~ l er tl~e fc~~o~~~in,~ B~~ 5c1~~;c~~~. ~ ~ic~~}~.d a ~ . ~ ~r ~1 J, i~ -I d ITIM~ED BIA SGHEGULE $Oa~ AVON STREET IIKPRdVEMENT9 AdDENDUM ~ ~ MAR~CN S F` +~uAN~~nY uN~T uN~T TOTAL PR1C! COST 1 ~~rctlcn l • Avon Raa~d ~~rr ~r~ VEN~I~L ~i 1.1 M to x n ~,t 5ewcut Exislir~~ Asph~l S~ L,F ~ 2.2 Full acpth A~p~ait Rcmov~~, s►,F, ~ aS ~.3 R+~~r-144il~ing - X108 , 9.F. ~ : ~.4 Remove Stam~d Concr~t~ Crassw~lk 4~~. S.F. ~ 3,0 RAAGII~AY 3,~ A~ heltlc Ca~rtte Pet~hb~uk 6" peep ~ Tt~NS V ~ • A 3.3 A~h~t1c Gcrnerete Dacp 4avar rvtami6l~ 1~-- TQNS ~ ~ r ~ Epoxy Puna striping ~,5~ L.F. ~ "Q t~ ®d ~ 3.5 Pre~crmad PIS Pavament Markings ~ L.S, ` ~ , ~ ~.@ Instil Automatic Pedestri~ LigE~t system ~ L.S. ` M ~ ` ~ 3.1 Ccu~asu Pavers Crosswalk wl Cortctate @asa 2~-~, S F• 1 . ~ ~ ~ ~ ~ . ~ ~ 3.@ Ccmcreta Rand L•F• ~ ~ ~ ~ t~ 4.~ UT1LlT1E5 ACH ~ ~ 4. Adjust MenholN atm Cr~la ~ ~ _ Tt~l"tC Gt~NTROL 5.1 E i rnen# end P qP SECTICN l TOTAL ~ CtUANITIY UNlT UNIT TCTAT ~~~E cos SvctJan 11- M~11~e'a ~,an~r 1.a GENERAL ~ L.S. ~ ~ t.1 Ma~iii~~t~ar~ ~.a aE>HOU~naN 3,j~z ~.F, ~ z.1 Roto-lVt~itt~~ - Z" ~.a Rv~nwAY ~ As altlc Connate - Q~rala TANS ~ ~ ~ ,~,w..., ~ ~ Y ~ C.Y. 1 ° ~ 3.2 Clams s Base Caurs~r l"or shoulder 3.3 ~ ax Pint S~'ipirt~ ~ ~ L.F. ~ R, ~ ~ 3.4 Rrefvm~ed Plastic sto 8~ ~#~730~ EACH 6 rS"= ~ , A EACH ~ ~ ~.t~ 3.~ Spood Bump Warning Ma~lcirtr~s 4.~ TRAFFIC C~4NTROL ~ L.S. I ~ 4.t Ecluipmant Peraonn~l SEGTIQN i! TDTAL~~ ~ ~ ~ ~ 2dC~ltn1~~,rt~d ~ A ~ ~ h t' ITEM~Ep 9Id SCNR~flU1.E 2~cIS AY©N STREET IMPRQYEMENTS gUAIVITIY UNIT WNIT T©TA~, PI~fCE C~iST Secrlvn !!t • Cpl ~ TC~lI! Rand ~ ` Y. - Y; ,11~ ~ ~ DEMOLITION F~rmcw,~ fi" oI Ex. Gr~ve1 Sheu(der 335 C.Y. a ~ ~ ~ ~ ~ ~ R X14 . 2.2 Remove Exiting SrNip~g l,2dG L.~. ~ ~ , ' . ~.3 Seyrovt Exi~t#nq Asp~,~lt ~ L.F. 1~ ~ . 2.4 Full t'kpdt Asphatt ~ 8a~ Coul~..e Remove 7,284 S.F, IIII IIII IIII.WI IIII II ~~~N ~ t . 3.t3 R4ADINAY 3.1 Aspi~~tic Cor~crctc for Road and Path 1~ TQNS ~5"~~ 3,2 Clams fi B;~ca Courr~ for 5(~ould~r g~ C.Y. ~ , ~ D 3.3 ERo~ Pint Sniping ~3 5 L.F, ~ 1 ~ 3.4 Preformed F'I~~cle Stop aar ~573Q) ~ EACH ~ ~ s ~ 3.~ P~rr~trien Lear Sym~ol~: d EACH ~ ~ ~ ~ ~ , ■IIIIIMIIIWIIIII~II. 3.6 P~. Lame De~r~eatore • TAPCc7 Maclel gfiLP 365 ~ EACH . ~ ~ l.~ • S 4~~ TRAFFIC CONTRQL 4. ~ Equiprner~t and Personnel ~ L.g, ~ / ~ SECTIaN 81 TOTAL QUANITlY UNIT UNIT TCtT~AL PRICK ~vsT Secf~art 111 • No~rngh~m kv~d . GENERAL 1,1 Mcb~llxet,an ~ L,S, ~ ~ ~ ~ Z.~ DEMVLInON 2.1 Rvto•Mil~r~g • Z" 24_ S.F. ►s ~ G ROA©wAv 3.~ AsFl~~tlc Ccnctate • 2" Qverlay 2~ TQNS ~E ~d ~ UD 3.~ Cissa fi Base COur3e on shoulder ~ ~ C.Y, 1~ ~ f~ 3.~ Epoxy Pint Striping ~ L.F. .~.I~{.~ C~@ 1 ,3,L~r 3,~ Pr~'armed Ple~~c Skvp Bey ~l1~73~~ Z ~;CN , 3.5 Povemant Yleld M~rkl~gs ~ EACH , ~ ~ `~3.6 Remove ~ Fapl~e Exiling Cully ~ Gutter Ifi L.F, ~ ~ ~ ~ , d C' ''3.? Fit Depf~ A~h~lt I~emov~l ~ Repi~ement ~ S.F. ~,~.I.IIIrN.~ 3.8 Rese# Peve~ ~ Ac~uxt lrr~~tkin Italvc Bvx Grade 1 L.S. ~M- 3.g Re~ae Gu~udr~l to Proper Height 1~ L.F. D ~ < ~.D ~ UTII~TIES ~ 1 Ac~~st Msnhcle Grade 9 EACH ~,3', Ll ~ 4.2 A~uat Water Veivea Grade ~ F.~CH ~ ~=,5'p ~ ~ ?S`. d ~ ~.0 TRAFFIC CatVTRDL '~.1 Equ~prnent and Personnel ~ L.S. 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Ie w-~ _ ~ N N r- a d a ~o . ~ ~ ~~o m ~ ~ ~ ~ a~ ~ ~ ~ ti ~ ~ ~ ~ v o ~ p ~ ~ ~ ° v ~ ~ © ~ o w v~~ m ,c ~ .c rn - ~ I ~ ~ ~ ° Q ~ ~ c ~ rn o ~ ~ m o~ ~ ~ ~ c m r~nv, ° ~ ~ W ~ c ~ v ~ c Z ~ i~ c~ v ~ ca ~a ~ ~ v ~ D~ ~ c o a.X ~Q ~U ~ c~'~'© t3~ }-v ~.c ~ cw U W Q ° ►~'~Ww~ Q ~,m'~€ m ~ c U ai ~ p F ~ Q ~m ~ ~ ~ ~ w ~ U ~ ©~~v~~ ~Q~wria~.a ~w ~ ors ~¢~Waaacu r~c~ ~QQ ~w W c- N t"') ~t N e~ tt tf1 tp r- ~ N ('7 u7 rA ti vJ CA ~ N Q N N cV CV C7 P7 M c~'i {'7 CO V r (V f+') C7 t~') [i) M tr1 M C~3 £'7 ti' rt1' N GS] © v Q v ca v o n v Q 0 I ~ ~ ~ ~.,~~r ~ a~ RESOLUTION NO.05-16 SERIES OF 2005 A RESOLUTION TO AMEND THE 2005 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND R.EVENT~ES BY FUND .AND AMENDING THE 2005 CAPITAL PROJECT`S FUND .BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2005, AND ENDING ®N THE LAST DAY OF DECEMBER, 2005. WHEREAS, the Town Council of the Town of Avon has adopted the 2005 capital projects fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2005; and . WHER.I~AS, the Town Council finds it necessary to amend the 2005 capital projects fund budget to more accurately reflect the revenues and expenditures for 2005; and WHE~AS, 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, THER.EFORF, BE IT RESOLVED BY THE TowN COUNCIL of THE. TOWN of AVON, COLORADO. Section 1. That estimated revenues and expenditures for the capital prof ect fund is as follows for 2005: original or Current Previously Proposed Amended Amended 20x5 2005 Bud et Bu~ diet Ca Ial Pro'ects Fund Beginning Fund Balance $ ~,Ob2,470 ~ ~,0~2,470 Revenues and other Sources 3,518,935 3,518,935 Expenditures and other Uses 5 402 811 5 745 371 Ending Fund Balance 4178 594 3 83~ 034 1 r \r'J Section Z. That the capital projects fund budget, as submitted, amended, and hereinabove sum.mari2ed, hereby is approved and adopted as the capital projects fund 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. AD~PT~D this ~2~~ day of April, 2005, TC~wN OF AEON, CQI~~RADC~ Ronald C. Wolfe, Mayor ATTESTe Patty N~cKenny, Town Clerk 2 t~~  ~ / I~UNc~PAL ~ERV~ES ~aptal Projects Fund ~4~ ~REV~SED 4~o?IO~~ rojec s n~en ory original ar Final Prev. Amend. Revised Proposed Account Actual Budget Budget Budget Number Description 2003 2004 2004 2005 CAPITAL IMPROVEMENT PROJECTS Facilities: 11006 Council Chambers AudiolVidea Upgrade $ - $ - ~ - $ 70,000 14001 Transportation Center - 840,044 - 2,000,000 11447 Municipal Building -New Roof 50,000 Land and Land Improvements: 21004 Tract J Bridge Removal 25,640 - - - 21005 Viiildridge Park Improvements and Playground - - - 154,000 21006 1Nildridge PocketPark -New Block 3 or 4 - - - 250,000 Roads and Streets: Streetscape: 31006 Eaglebend Dr. - - - 40,000 31008 Nottingham Rd. Imp. l I-74 to Buck Creek - 340,000 75,400 25,000 31009 Nottingham Rd. Imp. l Buck Creek to Metcalf Rd. 1,902 - - - Street Improvements: 32005 Buffalo Ridge Commitments 56,941 - - - 32007 Town Center-Mall Plan Implementation - 1,200,000 - 1,204,400 32008 E. Beaver Greek BIvd. Improvements - 142,004 12,404 - Annual Street Improvements: 33003 2003 PavinglRaad Improvements 225,650 - - - 33004 2004 PavinglRaad Improvements - 205,000 245,000 - 33005 2005 PavinglRaad Improvements - - - 1,207,560 Multi-MadallAlternative Mobility: 34002 East Avon Access and Circulation 18,126 - - - 34045 Eagle River Bikepath -Beaver Creek BIvd to Conf. 5,324 - - - 34007 Wildridge Traffic Calming & Pedestrian Circulation - 20,000 - - 34009 Swift Gulch Raad Bikepath Extension - 45,000 - 45,000 Recreation: 5100.2 Eagle River 1111hitewater Park 7,540 Stormwater and Drainage: 61001 Buck Greek 11-70 to Eagle River 1,216,270 - - - 61003 Metcalf Rd. Drainage 1 I-70 to Nottingham Rd. - 65,000 405,000 - 61044 Nottingham-Puler Ditch Restoration - - - 154,040 Development Services: 65004 Buffalo Ridge 97,837 - - - Strategic Planning: 79001 General Planning and Consulting 18,563 - - - 79002 Comprehensive Plan - 85,000 95,000 - 79004 2004 General Planning and Consulting 25,000 25,000 79005 2005 General Planning and Gonsulting - - - 25,000 4tl~er: 91001 Fireplace Conversions ~ 3,000 - - - 93405 2005 Historic Preservation - - - 25,000 94045 2005 Vllater Rights Acquisition - - - 140,000 Total Capital Improvement Projects $ 9,669,253 ~ 2,927,000 $ 817,400 $ 5;385,060 Section I, Page C-3 . t~ \ rk o I I I 1~ I I I I I©© E 1 I © I C~ © © © p C~ © C7 O ~ o © N O r C d r- ~D- u7 ~ C77 C7~ N ~ r- N ~ C'? raj © o: o o © CO p. 01 ©Q) 1.C) N ~ LC1. N r- r- N N ~ ~ o~ I I I k I i k F ! 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The fallowing changes are hereby made to the CONTRACT .DOCUMENTS: Justification: Cl~ange to CONTRACT PRICE: Deduct ~ 323,000.00 Original CONTRACT PRICE: ~1_?Q68~,560.70 Current CONTRACT PRIG adjusted by previous CHANGE ORDER $~1,OG8,560.70 The CONTRACT PRICE due to this CI~ANOE ORDER will be ~decreaed~ by 3 ~ 3 000.00 T e new C NTRA T PRICE including this CI~ANGE ORDER will be _74,5,,,5,60:,.._ ~ 00 Change to CONTRACT TIME: The CONTRACT TIME will be increased}decreased} by ~ calendar days. The date for completion of all work will be ~Date~. APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by owner; CO~ i  Exhibit 2045 STREET IiVIPRU~ENIENTS PR~PQSED PROJECT BUDGETS SUiVIMARY April 5, 2445 Project As Bid ~Witl~ in~pavenaent pedestrian lights} Proposed Project Budget Construction . Avon Road $ 691,150 Millie's Lane 27,632 Old Trail Road -Pedestrian 'day widening 187,281 Nottingham Road -Asphalt Overlay _ .1.62,497 Total Construction Bid ~ 1,068,560 Design & Engineering 40,000 Testing, Inspection & Contract Adrr~inistration 10,000 Administration Advertising, Public Relations, Printing, Etc. 10,000 Contingencies _ _ 79,00 Proposed Project Budget ~ x,207,564 Alternate Project (V~ithout in-pavement pedestrian lights} Alternate Proposed Project Budget Construction Avon Road $ 365,150 Nlillie's Lane 27,632 Old Trail Road -Pedestrian Nay 'UVidening 187,281 Nottingham Road -Asphalt Overlay 16.2;497 Total Construction Cost ~ 745,560 Design ~ Engineering 40,000 Testing, Inspection & Contract Administration .10,000 Administration Advertising, Public Relations, Printing, Etc. 10,000 Contingencies ~ 59,44 Alternate Proposed Budget $ 865,000 Current Project Budget as Amended 2122145 Avon Road & Nlillie's Lane $ 530,000 Old Trail Road ~Wildridge Pedestrian & Traffic Calming 15 5,000 Nottingham Road -Asphalt Overlay 1 ~Qgo~0 Total Current Budget ~ 565,044 See Attached Summary of Revisions: I:1En~ineerin~ICIPlstreet Impravementsl20~511.0 A~ministrationlAlternate ~udgets.Dac ~G', t~ EXh1bIt `~~a~ 2005 CAPITAL PRaJECTS FEND FIDGET CAPITAL PRaJECTS INVENTORY 5-YEAR PLAN SiNINIARY aF REVISIONS February16,2005 Town Center NlalllTown Center Plan Implenr~entation 2004 Frorn ~ 100,000 o -0- Zoos From ~ 1,100,000 to ~ 1,200,000 Revision: .~o f~cnds expended in ZOD4. 1~ove all funds to 2DD5. These funds are more than adequate to cover the cost of Preliminary and Final Design Costs Plus some construction costs. This original budget number was based upon the estimated cast to . construct 14~ain Street from the Existing .Bus Stop area to Benchmark Court .and Benchmark Court from .Main Street southerly to .Benchmark Road as the minimum construction required in conjunction with Lot ~1 under the current PUD. Nottingham Road I~nprovenents ~I-70 to Buck Creek) 2004 From ~ 340,000 to ~ 75,000 2005 ~ From $ 2,210,000 to $ 25,000 . 2008 From -D- to $ 150,000 2009 From. -0- to ~ 1,500,000 .Revision: .Project was discontinued following the February 8, ZDDS Council 11~feeting. The Budget has been revised to reflect expenditures in ZDD~ and ZDD5 with termination of the project. The 5-Year Plan has been revised to reactivate the project in 2DD8 and 2009. The 2008 funds will be required to verify design details, confirm easement descriptions, appraise and acquire easements and rights-of way. The ZDD9 funds are based upon the most recent construction cost estimate. The ZOD5 Street improvement Project has been revised to include an asphalt overlay to maintain the roadway surface until the scheduled reconstruction. Nattingha~m Road Inpro~ements Buck Creek to Metcalf Road 2005 From ~ 168,000 to $ -0- 2006 From $1,347,000 to ~ _0_ 2009 From -0- to ~ 165,000 2010 & Beyond Frans -o- to $1,347,000 ,Revisian.• This project his been delayed to ZD09 and ZDI D based upon the revised tune schedule for the First Phase (I 7D to Buck Creek. The ZDDS Street Improvement Project has been revised to include an asphalt overlay to maintain the roadway sup face until the scheduled reconstruction. I:I~n~il~eeringlClPlStreet Im~rovements1200511.0 Adrni~~istrationlRev Summary ~-16-05.Doc r~ ~ iii 2aU5 PavinglRoad Improvements 2005 Fram ~ 300,000 to ~ SG5,o00 Revision: This project budget has been revised to include the Wildridge Traffic Calming and Pedestrian Circulation .Project 0$155, ODD), an asphalt overlay of ' Nottingham Road from 17D to the Culwde-Sac (~I80, 00 and replacing crosswalks an Avon Road and adding in-surface warning lights (~Z3O, ODD). Wildridge Traffic Calming & Pedestrian Circulation 2044 From ~ 20,000 to -0- 2005 From ~ 35,000 to -0- .Revision: Funds for this project have been moved to the ZDOSPaving/Raad .~~nprovements Budget to better reflect the Bid Package fora combined street ir~2prave~nents project. Transportation Center 2004 From $ 100,00D to -0- 2005 Fram ~ 1,900,000 to ~ 2,000,000 Revisions: No funds expended in X004. move all funds to 2DD5. This original budget was based upon a grant application to the Federal I~ighway Administration Transportation Program. This is an 80/20-grant program with ZD matching f 'ands, franc the local entity, It was assumed that these funds would be granted over a three year period. Original Grant Funds Application: $ .l, X00, DDD Current anticipated grant funds are: 20D3 ~ 584, ODD Available 2004 ~ 1 ~D, DDD Used for bus purchase) X005 ~ X40, oDD (Anticipated) Total anticipated Grant Funds available for Transportation Centers 8Z4, DDO The Proposed Project Budget is outlined as follows with the expectation that portion of ' the project utilizing grant funds will be limited to design and construction and will exclude land acquisition: .Design ~ Construction Funds Grant Funds 80~ ~ 824, OOD TDA .ll~atching Funds ZD $ _ 206, DDD Total design ~ Construction Funds ~1,D3O,ODD hand Acquisition TDA Funds ~ ~ ~0, D~~ Total Project Budget ~2, ODD, DDD Revenues have been revised to reflect this lower anticipated grant amount. ~~vift gulch Road Bikepath extension to Past Blvd. 2004 From $ 45,000 ~o ~0- 2005 From -0- to ~ 45,000 Revision: Na funds were expended in 2004. YVe anticipate this path will be completed in 2DD5 and the funds will be due and payable at that time. I:II~n~ineeri~;ICII'iStreet Improvem~ntsl2~O51I.4 Administratior~lRev Summary ~-I6-DS.Doc  ~at~~nghan~ Puler Duch Restoration 2~Q4 Frarn $ 15o,DOO to 2005 From -0- to $ 150,00 Revision.• No funds were expended in 2004. ~e are currently working with T~~aer Creek 1~letropolitan District to develop a restoration program and dejxne allocation o f expenses. We anticipate the~rst phase of this project will be completed this year. I:Iz~ineeri~~~1CIP1Street Improvements120Q511.~ A~ministratiortlRev Summary 2-16-05.Doc n~ To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Jacquie hlalburnt, Asst. Town Manager From: Patty McKenny, Town Clerk Date: April 6, X005 Re: Proclamation for "Teacher Appreciation week" Summary: Attached is a Proclamation acknowledging "Teacher Appreciation vveek" which is held the first week of May. Both the National Education Association and the National PTA recognize this week as a time to show appreciation far all the contributions and great work that teachers do to make our public schools great, Mayor Pro Tem Underwood asked that this proclamation be placed on the agenda sa Avon could formally recognize the commitment and work of our local schoolteachers. An assembly at Avon Elementary School is planned that week at which time individual "Certificates of Appreciation" will be presented to each AES teacher from the Avon Town Council TOWN OF AVON, COLORADO Proclamation WHEREAS, a well educated public is essential to the preservation of our freedom and our democratic system of government; and WHEREAS, throughout our history, the people of the United States have recognized that free access to a public school education for all children is a vital component of a strong and vibrant community and country; and WHEREAS, throughout the history of the United States, the graduates of our public schools have become social, political scientific and economic leaders of this nation and their communities; and WHEREAS, much of this progress can be attributed to the qualified and dedicated teachers entrusted with the educational and development of our children to their full potential; and WHEREAS, teachers should be accorded high public esteem, reflecting the value our community places on public education; and WHEREAS, the Tozun of Avon is keenly aware of the importance and impact of teachers on children; and WHEREAS, Avon's Council leaders and citizens recognize and appreciate the teachers of Avon Elementary School, our local school, for their teaching professionalism and the pride they take in teaching the young people of this community; and WHEREAS, it is appropriate for all Avon and Eagle County citizens to join in recognizing teachers for their dedication and commitment to educating the young people of our community. ~o ~ a~ ~ ~a.~, Ca.L a~~ a ~'roc~ar~a~~or~ ~.~~~E.~a~..~, ~a ~v~ o.~ ~ ~o.~ s~..~.~s ~A ~~o~~~ .~~.ac~~.~~~o~ ~.Y ~ ~.~.~o~~.~~.~ z~n~ ~s a.~~.~c~~.~z~ D C~~l..~.~E~D ~a BE "~'EA C.~E~ ~ ~'~~EC.~A ~'~D.~ WEE~C", W.~~.~SS W.~E~Ea~', ~ have hereunto set ~an~ and caused tie o f ficia~ seal o f the ~'o~~~n a f .von r~n~ Cou n~~ a f ~ag~e to be a f fixed this Z Z t~C ~a y o f ~.pri~ ~ DDS. .Ror~atd C. Wotfe, mayor Teaches App~r~czat~on Proclamation .Page ~ o~ 2 TQ: Honorable Mayor and Town Council 1"~ruw Larry Brooks, Town Manager F`r~i11: Bob Reed, l7irector of Public works and Transportation L~~$~: 4161x5 Rey Audio /Visual update ~ummar~y~ Attached you will find an update of costs gathered so far associated with upgrades to the Council Ch~rnbers audiolvisual system. Pr~VI~uS ~DU1C1I AC'~It111: Staff has proceeded with this project with the J understanding that Council wanted two items addressed. I ~ proceedings could be viewed from a remote location or at a later date. 2} Upgrades to the rooms. so that presentations by staff could be improved upon. Bacegraund: As staff looked into this project, we realized there is another cow anent p to making the overall project work. There are electrical demands in every portion of this system. The Municipal building is maxed out as far as electrical capabilities are concerned, and we may have to bring additional power into the building to meet any future demands. The lighting systenr~ in the room could also be affected by any of these new demands. Therefore,we feel there is the need to design a lighting system that not only improves the overall level of lighting to make the chambers rnore functional, but works with the additional demands of the presentation system, DSCLtSSI~n~ Also attached you will find a proposal Pram Architectural Engineerin g Consultants to evaluate and design the chambers lighting system to function with the new demands and to improve the overall level of lighting to improve filming capabilities. This will also give us an idea what we need for final design as far as electrical needs. F`ina~nCa~l mpicaton~: original budgeted fl ure was $70,000. As ou can see g y by the estimates, this can be covered in the overall proj ect number. RE'CClml'1'~11~~t4n: Approve proposal with Architectural ~n ineerin Consultants g g to evaluate existing lighting in the room and reconunend any changes that might be helpl~ul, Staff will den be able to complete esti~.ates for electrical needs as well as the final cost estimates. Town M~n~~er Comment~~ • Page 2 r. Ci~ V ~~D t1 To: Scott Wright, Director of Finance Bob Reed, director of Public works Patty N1cKenny, Town Clerk cc: Larry Brooks, Town Manager Date: March 31, 2005 fie: Council Chambers AudiolVideo upgrade The following Cost Estimate is based upon the proposals received to date. While there maybe some overlap in the Proposals, it is quite possible that any deduct savings will be replaced with additional costs to f 11 unforeseen gaps: Video TV System Digatron Proposal - 4 TV cameras, 2 ceiling mount microphones, audialvideo connections to local CATV and viewing software $11,105 AudiolVideo Presentations & Recording Thul Electronics Proposal ceiling mounted projector, motorized wall mounted screen, wireless lapel microphones, new speakers new sound mixing board, new CD recorder and DVDICD player $ 25,879 Lighting Design Architectural Engineering Consultants Design Proposal T & M x$2500 - X4000} $ 4,000 Electrical & Lighting Estimated Costs ~ 15,000 Patching, Painting & Restoration Estimated Costs $ 7,540 Contingency $ 5 000 Total Estimated Project Cost $ G8,4$4 Project Budget - 2005 Council Chambers Audio! Video upgrade $ 70,000 I suggest that we prepare drawing of council chambers showing the proposed location of the proposed facilities as well as the proposed arrangement for meetings for the presentation regarding design proposal from AEC. This should help lay the groundwork for future recommendations on the complete package.  ~1~~~~ ln~~~"in ~t~11~1~1~~n~~ ~r+~~~t~ ~ ~ ~~~c~~n~~ ~ El~~t~~~l ~e~ign er~~~~ caul parch ~~j zao~ Tawn Qf Avan ~4van, ~t~ ~1~~~ deference. Anon ~auncil ~harnbers l~ic~hting Facsimile ~4 lighting t~esign Propasal Gear haul, appreciate the cppar~unit~ fo present this prop~rsai to ycu~ We've cdmpleted seaeral lighting p~rwjects for the town and we are sure we can assistrn impra~ring ya~r l~h~ir~ s~tstenns at the ~vunc~ chambers. ~s we discussed Est Fri~a~, ~ may nit hire a frm scope ~ wrack defined at this tune. Ul~ith that in mind l've suggested that I work ho~url~ towards an es~~nated fie. then we ~ the scope s~et~~ same, ~ ~n ~t a f rm fee if rewired. essentially, ~ would expect the estimates 1've stated are ~n~. Ctn the ether hand, I'm nct planning t e~tensi~l~r far r~eet~ and ding issues so fat m~ fees aren't e~tra~agan~ thi pro~sai is act~ptable, p►se sign and ~x back. The saner we l~n+a~v we have this prof the beder ~ can plan our ~rark and meet your deadlines. At this tirr~ we viii wc~k trawards fw~► car three lighting scenar'~os to lie priced and nsidered before the next cc►uncil meeting in mid Ap~[l. ~r~t This pro~ct w~l renova#e fh~e existing Tc~m of A~~n ~aun~ charnl~ers l~htin~ s~st~ms. fur principle goals gill be to increase the c~~rerall le~tel of lighter to improve ~levis~ir~g the caun~l nneetings as well as to make the chambers more functional. The cauncil chambers are approximately 3~Q~ square fit in area. ~1 tJ~ ~ & Suit #~14, ~a~r~do St~.~A Fvs~ ice ~a~ ,von, Sh6~ ~h~n~. ~?''~-'l~~ Fimi~~: 9~"T~-7~8~~1 ~ma~: an~?a~~-~ai[~.c~~rn ~~tp.~1~.~~r~a~~.►m { ~v~n T~u~n ~~unc~~ ~~a~n~s I~ar~h ~9, ~0~ Page 3 F~ ~`e wf~f bifl our f ime h~aurly, we ~rvuld estimate our fees to be t~ f~~a„~,urfy~~t~s Stan l~urr~pf~ries ~~ectrica~ Engineer 1 Pr~ncipa~ ~ fob ~Gurnmings ~echaniva Fr~gineer ~ f~rin~cr'pal ~ ~ ~it~ch Hyra Ffectrical engineer, P.F. ~ D~•~g ~~tt garrison ~ec~ranicai Designer ~ l~eitf~ Prokuski ~echac~ir~al C~igner ~ ~ 8b•~~ gent ~Ivisor~ C~ohanical Engineer 1 Qraftsman $ 7b.~~ C~n~act ~`c~rm T`fiis proposal can ~ k~e ~©nv~;~ted to a von~ract wi#h an au~honzed signature and by inc~udin+g by reference the ~#andard Aid ~t~1 ~rchitec~n~in~r~s ~~m~ ~~ed ~y the fv~fo~uin~: ~ . The fee structure and svapa ~ work for the pra~ect i~ as noted above. ffi there are changes ~n s rape', our flee may have to change. Tie c~iy reimbursable eenses we anticipate v~~ff b'e ~r reprvducib~, specia# crier charges, and travel bend A~ra►n. ~e v~iff submit vur biff before the first of the month and e~pe~ payment rr~thin thirty days. ff payment has n ~ received with days ~ must d~ange interest at 1.~ per month. The f~biifty of Ar+c~t~ral Er~ineerir~ ~onsuftanfis due ~ our ne~figent errors and ~nfSS~~V s~"1a1~ n e~~d ~~~~.r 'You ~y temr~inate this a~reecnent at any tine ~i~h or r~ithout cause by diving us f~v~- days pri~ar wr~i#ten notine. h~uld you terminate ~4rchitec~urtaf F~ngineering Consultants, ~ v~ill be paid for of services rendered and ail interred up ~ ~e date of nofafi~ion. ~~u~ there any dispute concerning our wtx~k, ~ request that n~ediaivn methods be used resof~e it as ~uiicf~y as po~sibfe in accard~ce with the fawn ofi t~ of fialorado. Nip r Avon T~~n ~~t~~~i! ~hambe~rs Matr,~ ~0~~ P~g~ ~ shall not be liable for ar~~ consequential darna~s incurred re~ardess the nature o~ the faint or who committed it ~onsequer~t~al damages include, lout are nit limi#ed ~~a toss of use and costs Qf dela~se This agreernent institutes a full and entire agreemenfi ~v~h the understanding that ~e are to perform our services to the star~iard of care of those in our profession ~ro~iding equ~ra~ent services in this area. ~ddi~~:~ ~h1l~~ As defined in the AID ~~~1 con~ra~ town in aoavrd Frith our standard h~ud~r ~a schedule. ir~ere~i, architectural ~nc~ineering consuttan~ ~tan~~n ~U~'n~~1!"1LS ~resldent ~ ~rner ~1~~~PTFC3: authorised signature Gate Ck MINUTES t]F TFIE REGULAR MEETING QF THE AVoN TGUUN CGUNCIL HELD MARCH Z2, DOS A regular meeting of the Town of Avon, Colorado was held at 404 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Illlalfe called the meeting to order at 5;3D PM. A rail 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 lfllright, Police Ghief Jeff Layman, Town Engineer Narm wood, Recreation Director Meryl Jacobs, Public works I Transit Director Bab Reed, and Community Development Director Tambi Katieb as well as members afthe press and public. Resolutions Mayor Wolfe noted that the first item an the agenda included a Public Flearing on Resolution No. D5- ~ , Series of 2g05, Resolution approving Subdivision Variance and Preliminary Plan for the Village fat Avon}, Filing 4, Town of Avon, Eagle County, Colorado. Councilor Sipes noted that he would step dawn from this conversation due to a conflict of interest Sipes left the room. Town Attorney John Dunn noted that the Council was now in a quasi judicial capacity and asked if anyone had exparte communication on this topic. He specifically asked Mayor Pro Tem Underwood if she had in fact received any responses to an email she sent out at an earlier date. Mayor Underwood indicated that she did receive three responses, Terry Nolan with some questions and she did not reply, a second one fran someone who was unable to make the meeting, and a third party asking far staff memo information. Town Attorney Dunn asked if any of those contacts would affect her impartiality to the application before them; Mayor Underwood indicated that those contacts would not impact her decision making on this application. Other Council members indicated that they had received the email, but did not respond. It was noted that the Town Clerk would retain the email from Mr. Nolan for the record. Town Engineer Narm wood presented the application submitted by Traer Creek RP, LLC far a Subdivision Variance and Subdivision Preliminary Plan approval far the Village fat Avon} Filing 4. He noted that the proposed subdivision would create aright-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 far natural stream flow and wetland mitigation. The requested variance is to allow an increase in maximum road grade to 9.5°/o from the S.S°/o stipulated in the Village ~At Avon} PUD Guide, far the portion of Nottingham Ranch Road currently proposed as Traer Creek Runk located north of I-74 and maintained by the Town of Avon. The PUD Guide allows a maximums grade of ~ Q°/~ for sections of this road not maintained by the Town of Avon. 1111ood reviewed the variance criteria and presented responses to each of the criteria see memo for details. There were some questions about whether or nbt to consider both the variance and the Subdivision Preliminary Plan in the same resolution as written or separate the topics for discussion and vote. Mike Sliper, Alpine Engineering, presented detailed information about the read and the location of the curves and steep grades. It was noted that other roads in Avon at that grade include Metcalf Road ono variance was given} and Buck Creek Road variance was granted}. Council comments were heard at this time with several comments and questions to the applicant as follows: ~ Explain the "undue hardship" response ~ Describe use of parcels in that area, i.e. parcels N & M ✓ what are the responses of the referral agencies, ERwSD, ERFPD, etc. ~ who is responsible for maintenance of the rand? Mayor Wolfe opened the public hearing to receive comments an the proposed variance request. Wildridge resident Terry Nolan made comments regarding the application, neither opposing nor supporting it, but rather expressed concerns about the grade and whether or not there was really an "undue hardship" an the applicant. He indicated that he was not convinced there is a undue hardship on the applicant without further facts and documentation that prove such hardship. No other cvrnments were made, and the public hearing for comments on the variance was closed. Further discussion ensued about how to consider the request, together or separately, the variance first or the Preliminary Plan first. Mayor Wolfe opened the public hearing to take comments on the Preliminary Plan. Na comments were made on that topic and the hearing was closed It was Hated that the referral agencies responded in 1998 and those responses were being included in this application. Mayor Pro Tern Underwood requested that the Town obtain responses from the referral agencies that are current to this preliminary plan, including comments from the school district. Further discussion ensued about the grade and maintenance of the road. It was pointed out that if the variance were not granted, the developer could construct a road tv lesser standards that would then be maintained by the developer and Hat the town. Alpine Engineer Mike Sliper commented that more switchbacks would be constructed and that an amended 404 permit had been received, with approval as well from ERWSD. Further Council comments were received as follows: 1 ~ Requests to see public access points, pedestrian & bike paths, 2} description of uses on Parcel N, 3} location o security gaffe, 4} submittal of a master plan before any further variances are granted. Mayor Wolfe asked that Council review the three criteria of findings and noted that the public benefit would be that the town would obtain a better and safer road due to it being built at a higher standard and that the findings show that the criteria have been met. Councilor Buckley supported the variance in light of the fact that other primary rands in Avon are at that grade and do not pose problems and fewer disturbances to the area would be made if granted. Councilor Ferraro requested that staff include related maps to projects of this nature prior to the meeting night, as it has been difficult to come to a conclusion without the maps. When Mayor Wolfe asked that the question be called; there was some further discussion on how to approach the two topics. Munsey Ayers, attorney for the applicant Traer Creek RP Ll~C, requested that a brief break be taken in order to confer with staff about a proposed next step.. The meeting was adjourned far five minutes at 6:25 PM and reconvened at 6:30 PM. At this time, Mr. Ayers addressed the Council indicating that they would support tabling the item until some of the issues can be further addressed. Councilor McDevitt moved to table Resolution No. 45-11, Series of 24x5, Resolution approving Subdivision Variance and Preliminary Plan for the Village fat Avon}, Filing 4, Tawn of Avon, Eagle Gounty, Colorado. Councilor Phillips seconded the nation and it passed unanimously with a rail call vote. €Sipes did not vote since he stepped down due to a conflict of interest}. Councilor Sipes rejoined the podium at this time. Finance Director Scott Wright presented Resolution Na. D5-12, Series of 2005, Resolution to amend the 2045 Town Budget. lie noted that the budget amendment includes $10K for Bravo to provide educational and outreach programs in Avon. The amendment was drafted in response to an earlier request made by their staff at a prior meeting, Mayor Pro Tem Underwood moved tv approve Resolution No. 05-12, Series of 2405, a Resolution to amend the 2045 Town Budget. Councilor Phillips seconded the motion and it passed unanimously with a rail call vote. Ordinances Town Attorney John Dunn presented vn first reading Ordinance No. 05-01, Series of 2005, An Qrdinance Amending Chapter 5.08 Municipal Cade of the Tawn of Avon, as it relates to the Modification of Licensed Premises and Undue Concentration Licenses. He noted that this legislation addresses requirements for modification of .premises for retail liquor store licenses Regular council Muting Page of 4 March 22, 2005 and regulations to consider related to undue concentration; the first item was included per the request of Council at the last public hearing for a new retail liquor store license. Adapting this Ordinance would require applicants who have submitted "modification of premises" applications to provide for evidence that the needs o the neighborhood have been met at a public hearing. He explained that after reviewing the Statutes regarding "undue concentration", which he noted as being very unclear, the new legislation would require a review of the current licenses to that issued in the either Eagle County or even just the east end of the valley. Discussion ensued on what should be included in the definition of "neighborhood"; Dunn noted that the current definition that includes the word "visitors" is acceptable and takes into account the "resort" aspects of our area. Councilor Buckley asked why all the types of license were included in the legislation, noting that she had just wanted to make additional requirements for the retail liquor store licenses. Dunn noted that it would be difficult to separate the "types" pf licenses from certain requirements in light o the fact that the Statutes address all types of licenses together. Mayor Pro Tern Underwood moved to approve Ordinance No. D5-D1, Series of 2DD5, An ordinance Amending Chapter 5.D8 Municipal Code of the Town of Avon, as it relates to the Modification of Licensed Premises and Undue Concentration Licenses on first reading. Councilor Sipes seconded the motion and it passed with a five to one vote roll call vote McDevitt nay}. A public hearing was scheduled for April 1 2DD5. Town Attorney John Dunn presented an first reading Ordinance No. D5-D2, Series of 2DD5, An Ordinance Amending Section 16.4D.13D, Municipal Code of the Town of Avon, Relating to Street Names. He noted that this was an amendment to the Code that further clarifies the criteria to consider when naming of streets for. Avon. The current subdivision regulations include language that stipulates Council approves street names. After some discussion, some changes were suggested. Councilor Sipes moved to approve Ordinance No. D5-D2, Series of 2DD5, An Ordinance Amending Section 16.4D.13D, Municipal Code of the Town of Avon, Relating to Street Names with some changes, i.e. include flora & fauna, mining. Mayor Pro Tem Underwood seconded the motion and it passed unanimously with a roll coil vote. A public hearing was scheduled for April 1 2DD5. New Business Town Engineer Norm v~lood presented the information related to the proposals submitted for the Surface Transportation Genter. He noted that after reviewing the three proposals submitted, a recommendation was made to Council to accept the proposal from Marcin Engineering LLC for the Topographic Survey and Engineering Design Services. Resident Pete Buckley asked if the Town owned the land and why the town would spend money on it. Town Engineer Norm vllood explained that the work would be completed prior to the anticipated Immediate Possession Hearing dated June 13, 2DD5 and it was part of the design work that would need to be completed as soon as possible. Councilor Sipes moved to approve and accept the proposal from Marcin Engineering, LLC for services related to the surveying and engineering design on the Surface Transportation Center. Councilor Ferraro seconded the motion and it passed with a five to one vote Buckley ~-nay}. Unfinished Business Police Chief Jeff Layman presented another update to the Metcalf 1 Nottingham, Loading & Delivery by reviewing some of the measures taken to address these issues list included in council packet}. Discussion ensued about whether yr not to continue to spend money on collecting the data vs. implementing some of measures that would possibly help alleviate the prvblemis. Town Manager Larry Brooks made some comments about the fact that the entire community must participate in helping solve the problems in this area of Town, He noted that there has been very goad support from the business community on Metcalf and Nottingham Roads. He further explained that providing for a contingency fund of about $2DI~, administered Regular Council Mee~ir~g Page 3 of ~ March 2, ~0~~ by him, to address minor improvements on public property might be another option to consider. These improvements might include removing a tree, improving grade, modify RQW entrance, provide some road base, and help fully implement the uniform address program. He noted that .any improvements agreed upon would require a 5D-5D split in payment of the expenditures made by bath the, Town & business owner. Councilor Sipes moved to direct staff to prepare a budget amendment in the amount of $2DK for the General Fund, with the condition that any expenditures made on improvements are split 5D-5D between Town and business owner, Councilor Ferraro seconded the motion and it passed unanimously. Meryl Jacobs and John Curutchet, Recreation Center staff, presented more information on the Group Cycling Proposal, a proposal to begin a spin class at the Recreation Center. She presented the memo that outlined the cast comparisons of this type of class at other facilities. She noted that in order to implement the program, an additional $47D4 would be required in the Recreation budget. Revenues estimated from 'the class are $584a. The specifics of the program were presented. Discussion ensued on whether or not the Recreation Center should adopt a philosophy that the rate structure should at least break even; ultimately that the Center should recover more of the costs. Council approved the progra~ and leasing of the equipment. A budget amendment would be submitted at the next meeting. Town Attorney Town Attorney John Dunn presented an update vn the condemnation proceedings, noting that the possession hearing would be the next step. Consent Agenda Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor McDevitt moved to adopt the consent agenda; Councilor Sipes seconded the motion and it passed unanimously. a. Minutes tram March 8, 2005 Regular Council Meeting There being no further business tv came before the Council, the meeting adjourned at 7.3D PM, R~SP~CTFULL.Y SU~~TTED. Patty McKenny, Town Clerk APPR~]VFD: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Co~ncii Meeting Page 4 of 4 March 22, 2~~5 To: honorable Mayor and Town Council Th rw ~ Larry Broods, Town Manager rt1~: Normah Wood, Town Engineer f ~ate~ 1Vlarch 31, X005 ~ r Batas Townhouse Association W Reimbursement Request Nottingham Road Improvements -Easement Acquisitions su~mr~ary: Patrick Pinnell, President Galas Townhomes Condominiums submitted the attached letter on behalf of the Batas Townhouse Association requesting reimbursement of expenses incurred with respect to the easement acquisition process associated with the Nottingham Road Street Improvement Praj ect. Their request is for reimbursement of 1,393.75 per the attached invoice from Brian E, a'Reilly, P.C. for attorney fees. The Town is not obligated to reimburse these costs but it maybe appropriate to do so as these costs were incurred in response to the Town's actions to obtain an easement for the Nottingham Road Street Improvement Project. This project was subsequently canceled and all action to acquire the easements was terminated. ~Iad the town proceeded with the acquisition of these easements they would have been able to recover their costs from. the proceeds for the easement. We recommend Council authorize payment to Galas Townhouse Association in the amount of ~ 1,393.75 as reimbursement for expenses incurred with respect to the Nottingham Road Street Improverr~ent Proj ect. ~ecom mendaton: Authorize payment to Galas Townhouse Association in the amount of $1,393.75 as reimbursement for expenses incurred with respect to the Nottingha~~a Road Street Improvement Project. Proposed ~Iotion~ I move to approve payment to the Galas Townhouse Association in the mount of $1,393.75 as reimbursement for expenses incurred with respect to the Nottingham Road Street Improvement Project. T~ovvn I~~nager Comments: ~ r~ a,.~ - . ~F, I:IEngineeril~~1C1~'INottin~l~am Rd BRA 1 To Buck Cree~C}1~.0 R-W Acquisitior~l~.2 Prop ~ es16.2.~ Lot 6, Block 1, BMBC (~aas ast)IRei~~bursemez~t Memo.Doc Galas Tawnhones Condominiums cfo Vail Tax and Accounting P.o. Bax 590 Avon, ca s ~ 6~0 Town of Avon P.o. Box 975 Avon, Co 81 bZD AL~~7.: T o~di~. Cou~nG~l of Avax~. Dear Sirs; Galas Townho~.es has incurred legal expenses directly related to the now abandoned Roundabout Project. t is our understanding that similar fees are being refunded to the Sonnenhalde Condominium Association. ~t is for that reason that we submit a copy of the related billing and request a refund of these legal expenses from the Town of Avon. The total of these expenses was ~ 1,393.75. Please contact me if you should have any questions or need additional documentation. My telephone number is 977-D324 ~local~ and m.y email is: pbp a~vail.net. Y~rs truly, g - ~ Patric~ Pinnell President 977-D324 pbp a~vai 1. net cc: John Dunn, Atty P.o. Box 77 ~ 7 Avon, Co 816ZD + ~ . Brl~~. ~~i11 . ~ ~ ~ DATE A.~o~ Sl~~~ 113112ao5 Brun will be out of town firom. To: March 7- 8, 2005. Batas Townhouses clo Vail Bookkeeping P.~. Box 5940 Avon, CCU $162a TERMS AMUUNT DUE AMOUNT ENC. l _ _ ~ 4 $1,461,25 ` DATE ~ TRANSACTf4N ' AMQUNT BALANCE ~ 12/31/2004 ~ Balance forward 0.00 01/0312005 ` Tele. conf. with Patrick re: Town of Avan 22.50 22.50 i ;Easements • Draft of 56.25 78.75 01/0412005 Tele. conf, with Patrick, prepare and fax 3 E driveway Easement to Patrick 0110712005 f Review Town of Avon dacun~.ents; review ~ 225.00 303.75 declaration: & CC1UA; client conf. ~ - ~ ? 0111112005 fall to Allen Christensen re: condern~aation; review 168.75 ~ 472.50 ~ Declaration• call to Jol1n Dunn• review CC1t~.A• 7 ~ ~ 3 tele. conf. with John L~unr~. re: power to execute easement dacurn.ent; tele. conf with Patrick; check , ~ status of Association with Colorado Secretary of State ~ ~ _ 0111112005 i Prepare consents in lieu of rneetin~s re; transfers to ~ 540.00 ! ;reserve accost; fax to Vail Tax ~ Accounting - ~ copies to client 01/1312005 ,Call to Patrick 33.75 573.75 01/1412005 ;Review Pro used Easement Deed• call to Patrick 75.00 648.75 p ~ Pinnell ~ 0111712005 ~ Tele. conf. with Patrick ~ 22.50 671.25 ~ ~ 01/2112005 ~ Tele. conf. with Patrick re: easement 33.75 705.00 i 0112412aa5 ~ Conf. with Patrick & Sue re: condn~enation 157.50 $62.50 E 0112512005 ~ Review letter drawing; call to Patrick 33.75 896.25 i I L...._~ CURRENT DAYS PAST 3~-64 DAYS PAST ~ 51-9D DAYS PAST ~ QVER 9D DAYS AMQUNT DUE ~ i DUE DUE ~ DUE i PAST DUE ~ 3 1 1,46.25 ( a.oo E a.ao o.oo o.oo ~ ~ ~ Page ~ _ ~~i~~..~. Q'~.eil~ p. C. t~ ~rr1~r~~ 5~8~ DATE A~o~. C~ Sl6~a ' 113112005 Brian will be out of town from To. March 7~ 18, 2005. Batas Tawnb.ouses clo fail Bookkeeping P.C~. Box 5940 Avon, CU 81620 1 I TERMS AMOUNT DUE AMOUNT ENC. ~ $1,461.25 DATE TRANSACTION AMOUNT BALANCE i 01/25/2005 ~ Conf. with Patrick; review ~umm.ons and 168.75 1,465.00 E Complaint; check with Court re: validity of Sumn~.ons; research re: condemnation proceedings 0112712005 Tele. conf. with Patrick; prepare, file and serve 112.50 ~ 1,177.50 Answer letter to John Dunn. 01/2812005 ;Review Condemantian Petition; prepare ~ file 213.75 1,391.25 Response to Motion & order to Continue ~ 0112$12005 'Court Answer Filing Fee ~ 70.00 1,461.25 3 E t ~ tt E I E { I 1! i € 1 { I I ~ 1 ! I E ~ ~ i I ~ I ~ ~ [ { ] I f i [ ~ 1-3D DAYS PAST 31~6D DAYS PAST ` 61-9D DAYS PAST OVER 9D DAYS ~ AMOUNT DUE CURRENT ~ DUE ~ DUE DUE j PAST DUE j I 3 € j € ~ ~ ~ ~a461.~~ ! o.oo ~ o.oo ~ o.oo o.oo E Y 1 Page 2