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TC Council Packet 02-09-2010\• RIONF9, TOWN OF AVON, COLORADO AVON REGULAR MEETING FOR TUESDAY, FEBRUARY 9, 2010 AVON MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON's WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY & CITIZEN INPUT a. Channel 5 Programming Updates (JK Perry, Executive Director, Channel 5) Review several programming changes with Channel 5 b. "Project Graduation" for Eagle Valley High School: Request for Funding (Gerry Sandburg) 5. AVON POLICE AWARDS PRESENTATION (Brian Kozak, Police Chief) Presentation of awards to police officers for exceptional performance on November 7, 2009 6. CONSENT AGENDA a. Minutes from January 26, 2010 b. Proposed Decree for Water Division No, 5 Case No 09CW28 (Justin Hildreth, Town Engineer) Review proposed stipulation consenting to the ruling on the court case included as Exhibit B 7. APPEAL TO TOWN COUNCIL ON LICENSING APPLICATION a. Appeal by Amigo Towing to Review the Town Clerk's Decision to Deny a Vehicle Impoundment License to Provide Towing Services for the Avon Police Department (Elizabeth Pierce Durance, Prosecuting Town Attorney, Patty McKenny, Assistant Town Manager) 8. ORDINANCES a. Ordinance No. 10 -02, Series of 2010, First Reading, Ordinance Adopting the 2009 International Building Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its Entirety (William Gray, Chief Building Official) Adoption of the most recent Building Codes b. Ordinance No. 10 -03, Series of 2010, First Reading, Ordinance Amending Section 15.30.030 of the Avon Municipal Code to Extend the Deadline for Compliance with Ordinance No. 04 -19, Series of 2004, and Setting Forth Details in Regard Thereto (Matt Gennett, Planning Manager) Review proposal to extend the deadline for compliance on the lighting standards enforcement 9. RESOLUTIONS Avon Council Meeting. 10.02.09 Page 4 of 5 TOWN OF AVON, COLORADO AVON REGULAR MEETING FOR TUESDAY, FEBRUARY 9, 2010 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET 10. TOWN ATTORNEY REPORT a. Update on Status of Traer Creek Plaza Condominium Map (Eric Heil, Town Attorney) Review status of application from Traer Creek Metropolitan District 11. TOWN MANAGER REPORT 12. MAYOR REPORT 13. ADJOURNMENT FUTURE AGENDA DATES & PROPOSED TOPICS: February 23, 2010: Weed Ordinance, Town's Comprehensive Financial Modeling Update, Gandorf Deed Restricted Housing Document Avon Council Meeting. 10.02.09 Page 5 of 5 PUBLIC ACCESS TELEVISION 5 Avon Town Council Update Feb. 9, 2010 Council Members, I wanted to take this opportunity to tell the council, staff and residents about the new programs and features at Channel 5. For those of you unfamiliar with us, we're a nonprofit organization that manages the Public, Educational and Governmental (PEG) channel on the Comcast cable system from Vail to Dowd Junction and Minturn to Cordillera. Our funding is largely provided through franchise agreements between the towns of Avon, Vail and Comcast. We also earn income filming other governmental meetings, sports, events and from underwriters and donors. Channel 5 is overseen by a board of seven volunteers, three of whom are designated one each from the Avon, Minturn and Vail town councils. In the last several months, we've undergone a significant change in our mission by moving toward a traditional model of a PEG access station. These stations serve the community by providing training, equipment and channel time to residents, nonprofits, schools and governments. The goal is to teach people a skill and offer an alternative outlet for expression of local ideas often ignored in mainstream media. To train people, we've developed an orientation and two workshops. The orientation is designed to familiarize participants with PEG stations in general and our rules and process specifically. After orientation is complete, people may choose to become voting members of Channel 5 and sign up for a workshop. The first workshop focuses on field equipment, which includes cameras, microphones, lights and basic cinematography. The second workshop deals with computer editing. More information and registration is available on our Web site at publicaccess5.org. In the future, we plan to offer studio production and Internet social networking workshops. Once a person completes a workshop, they become certified community producers. This means they may check out and use station equipment to produce a television program. Program topics are unlimited. For example, Ron may wish to create a live mayor's call -in program to address matters before the town. Or a police officer might want to produce a program to help close unsolved cases. Or a resident might decide to make a cooking show. The orientation, workshops and channel time are available to all Avon and Vail residents for free. Eagle County residents who live outside the towns pay just $25 for membership, while all nonprofits pay $50 for membership. This new program, which was launched at the beginning of January, has been successful to date. We've trained Avon nonprofits and residents, who should soon be submitting programs to air. With the grant you provided last year, we were able to cut down on time spent bringing town council meetings to air and also freed up two older computers for editing bays. During the grant process last year, the council expressed a desire to pool resources with the town of Vail during franchise renegotiations to improve the video system in the council chambers. The negotiations are preliminary, but we hope the video system will be included. In the last month, we've also launched a new Web site with online video. All Avon Town Council meetings and other productions will be posted at publicaccess5.org. The video may be watched on demand and viewers can navigate through meetings by agenda item. We've had great feedback about the online video feature and the bulk of viewers are watching Avon and Vail town council meetings. The site also includes a new schedule and more ways for residents to get involved. Thank you for your continued support. If you ever have any questions or comments, feel free to contact myself of Amy, who is your representative on our board. Sincerely, J. K. Perry Executive Director Public Access TV 5 970 - 949 -5657 Memo To: Honorable Mayor and Town Council Thur: Larry Brooks, Town Manager From: Patty McKenny, Assistant Town Manager Date: February 5, 2010 Re: Project Graduation Eagle Valley High School: Request for Funding Summary: Please find attached a request for funding from Arleen Sandberg with the Project Graduation Committee for Eagle Valley High School. Gerry and Arleen Sandberg will attend the meeting to make the request. Please note the "Project Graduation" event for Battle Mountain High School has been taking place at the Recreation Center for the past 8 years. The Battle Mountain parents of the graduating class organize a party and 'lock in" at the Recreation Center for the evening for the seniors and a guest. The event takes place in May over graduation weekend from 9 pm to approximately 3 am. The recreation department provides the following staff for the evening: 4 lifeguards 2 custodians 2 police officers 1 Manager on Duty 1 special event worker The estimated cost for the above workers was the premise for the rental fee that is charged, approximately $2K. In the past, the Battle Mountain parents have asked that the rental fee be waived; however, the town has not waived the fee. EVHS PROJECT GRADUATION Class of 2010 January 20, 2010 Dear Eagle Valley Business: In a few short months, the Eagle Valley Class of 2010 will be graduating. Once again, plans for Project Graduation are underway to provide a safe and positive celebration for our graduating seniors. Through the generosity of the business community, townspeople and parents, we look forward to continuing this tradition for our graduating seniors. As you may already know, Project Graduation was designed to provide graduating seniors with an alternative to drinking and drugs in celebration of the culmination of their high school career. Through Project Graduation, they will be involved in positive activities with their graduating class and supervising adults. We do recognize that the economy in our resort community has changed from previous years. Your support in any amount enables this event to take place and is greatly appreciated. Please join your fellow members in the business community and send a tax - deductible contribution to EVHS Project Graduation. An addressed return envelope is provided for your convenience. A receipt, with our non -profit tax ID number, will be mailed to you for your records. Following the May 29, 2010, graduation ceremony, all businesses and community members supporting Project Graduation will be recognized in the Vail Daily, Eagle Valley Enterprise and the Vail Mountaineer. Thank you for your time, generosity and prompt attention to this matter. If you have any questions regarding Project Graduation, please contact Sharon Knabel at 328 -3376. Sincerely, Arleen Sandberg Project Graduation Committee Member Project Graduation, P. O. Box 4705, Eagle, Colorado 81631 Memo To: Honorable Mayor and Town Council Initials Thaw Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney N/A From: Brian Kozak, Chief of Police Dale: February 1, 2010 Re- Police Awards Presentation Sumpmary: Members of the Avon Police Department will be recognized for exceptional performance that occurred on November 7, 2009. Background: On November 7, 2009 the Avon Police Department received a call of a possible hostage situation in Wildridge. Upon arrival the units secured a perimeter and evacuated the spouse of the subject who had barricaded the home after making threats that possibly involved a firearm. Negotiations were unsuccessful and a robot was requested from Jefferson County. In the meantime, several Avon officers broke from the Wildridge incident and responded to an active shooter in Vail. Lt. Daly, Sgt. Lovins, Officer Westenfelder and other members of the Eagle County multifagency SWAT team entered the Sand Bar to rescue trapped citizens, treat victims and secure the gunman, who had shot several people, killing one. The team did, in fact, rescue four citizens hiding in the bar and arrest the suspect who was still armed with a firearm. The officers returned to Wildridge and safely took the subject into protective custody with the use of the robot. The Wildridge incident received international attention and the subject's wife was very thankful of the successful, lifesaving result. Discussion: The Teamwork Citation is awarded to a group of employees that come together as a team to achieve exceptional results and is presented to: Officer Westenfelder Sgt. Lovins Lt. Daly Officer Holmstrom Officer Briggs Officer Florio Sgt. Sheehan Sgt. McGovern Officer Ramirez B. Jaramillo K. Jaramillo Det. Arnold Officer Peck Officer Lundblade The Medal of Distinction is granted to members for heroism above and beyond the call of duty when an imminent threat to his personal safety is likely and is presented to: (Chief Henninger will assist in recognizing the officers and the Eagle County Public Safety Council will present them with medals at a later date) Lt. Daly Sgt. Lovins Officer Westenfelder The combined efforts of these employees saved at least five lives on November 7, 2009. It is my honor as one of my last official acts as Chief of Police to recognize them. Town Manager Comments: MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JANUARY 26, 2010 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5:30 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds and Brian Sipes. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Assistant Town Manager Management Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Police Chief Brian Kozak, Assistant Town Manager Community Development Sally Vecchio and Public Works and Transportation Director Jenny Strehler as well as members of the public. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Town Attorney Eric Heil noted a conflict of interest for Councilor Ferraro for the Red House documents under Resolution & Ordinances. COMMUNITY INPUT a. Chris Kline, sixteen year resident of Avon on W. Beaver Creek Blvd., commented on his recent correspondence from the town on his light fixture and his concern about imposing this on residents. It was noted that the legislation was adopted five years ago and residents would be required to comply. After some discussion, Council directed staff to b. Brian Kolso, Wildridge resident, commented on the recycling area in Avon as being a "mess ". He noted that there were other locations that have a much better appearance. It was noted that the Eagle Valley Alliance is the group responsible for maintaining the site. Sally Vecchio, Assistant Town Manager, noted that the town has contacted the Alliance about violations to the Municipal Code with regard to signage and the fence. CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. Councilor Dantas noted that he did not agree with the proposal or manner in which to repair the Rec Center roof. He suggested that it should be vented below to get rid of the moisture. There was discussion about a warranty period and who would be responsible if problems reoccurred. Mayor Pro Tern Sipes moved to approve the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously. a. Minutes from January 12, 2010 b. 2009 Audit Engagement Letter (Scott Wright, Asst. Town Manager Finance) Contract with McMahan and Associates for auditing services c. Engagement Proposal from Heizer Paul LLP (Eric Heil, Town Attorney) Proposal for legal services d. Revised Engagement Letter from Heil Law and Planning LLC (Eric Heil, Town Attorney) Revised proposal for legal services with revisions to insurance coverages e. Resolution No. 10 -02, Series of 2010, Resolution authorizing a contract with the Colorado Department of Natural Resources, Division of Wildlife related to Project FIF- 1659-10, Harry A. Nottingham Lake Fishing Pier, for Construction of a Fishing Pier and Access Path (Shane Pegram, Engineer II) f. bliss, Janey, Elstner Associates, Inc. (Shane Pegram, Engineer II) Proposal to complete construction documents for the Recreation Center Roof Replacement and CMU Block Repair RESOLUTION Sally Vecchio, Assistant Town Manager Community Development, presented Resolution No. 10 -03, Series of 2010, Resolution Readopting a Temporary Fee Reduction and Waiver Program for Zoning, Design Review and Building Permit Applications Collected by The Town of Avon. She noted that this Resolution addressed the extension to the fee waiver program and noted that if council did not want to proceed with adopting the resolution, there would be no action taken because the current resolution expires on its own. Comments were made in both support and opposition to extending the program. Councilor Ferraro moved to approve Resolution Readopting a Temporary Fee Reduction and Waiver Program for Zoning, Design Review and Building Permit Applications Collected by The Town of Avon. Councilor Reynolds secnded the motion and it passed with a four to three vote (Dantas, Reynolds, Sipes, Wolfe — yea; Carroll, Ferraro, Phillips — nay). It was noted that the program expires May 12, 2010, and staff was directed to be proactive in getting the "word out" about this fee reduction. Councilor Ferraro recused herself from the meeting at this time (6:30 PM) due to a conflict of interest with the remainder of the agenda items. Sally Vecchio, Assistant Town Manager Community Development, presented Resolution No. 09 -29, Series of 2009, Resolution Approving the Final Plat, Eagle River at Avon, A Resubdivision of Lots 1 and 2, Exemption Plat, Red House, Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Town of Avon, Eagle County, Colorado. She noted that this was a Revised Final Plat for Red House Development. It was noted that was tabled at the November 10 and December 8, 2009 Meetings. She reviewed in detail the "Restrictive Covenants" as outlined in the council memo and noted on the final plat; both the applicant and staff were in agreement with the language. Councilor Phillips moved to approve Resolution No. 09 -29, Series of 2009, Resolution Approving the Final Plat, Eagle River at Avon, A Resubdivision of Lots 1 and 2, Exemption Plat, Red House, Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Town of Avon, Eagle County, Colorado. Mayor Pro Tern Sipes seconded the motion and it passed unanimously by those present (Ferraro recused). Shane Pegram, Engineer II, presented Resolution No. 09 -30, Series of 2009, Resolution Approving a Second Supplemental Water Lease Agreement With The Upper Eagle River Water Authority. It was noted that this agreement increases the total SFE's that the Authority will service to the Town by 15 SFE's to account for the Red House development and that the Resolution was tabled at November 10 and December 8, 2009 Meetings. It was noted that this Second Supplement Water Lease Agreement will update the Water Lease Agreement to include the Red House Development, dedicating the appropriate water rights to serve the needs of the project. Mayor Pro Tern Sipes moved to approve Resolution No. 09 -30, Series of 2009, Resolution Approving a Second Supplemental Water Lease Agreement With The Upper Eagle River Water Authority. Councilor Carroll seconded the motion and it passed unanimously by those present (Ferraro recused). ORDINANCES Shane Pegram, Engineer II, presented Ordinance No. 09 -19, Series of 2009, Second Reading, An Ordinance Approving a Landscape Construction and Maintenance Easement Agreement between the Town and Vail Associates, Inc. He noted that this easement agreement is part of the Development Agreement with The Vail Corporation d /b /a Vail Associates, Inc. for the Red House Property and requires the owner to fulfill obligations to construct, install and maintain certain landscape and irrigation improvements on the property. Regular Council Meeting Page 2 of 3 10.01.26.doc Mayor Wolfe opened the Public Hearing, no comments were made, the hearing was closed. Councilor Carroll moved to approve Ordinance No. 09 -19, Series of 2009, Second Reading, An Ordinance Approving a Landscape Construction and Maintenance Easement Agreement between the Town and Vail Associates, Inc. Councilor Phillips seconded the motion and it passed unanimously by those present (Ferraro recused). TOWN MANAGER REPORT Larry Brooks, Town Manager, presented updates on the following topics: ✓ NWCCOG membership, dues, and provided services with elevator maintenance ✓ Water Treatment Plant MAYOR REPORT Ron Wolfe, Mayor, presented updates on the following topics: ✓ Balancing the ECO budget with a reduction in service level ✓ US Forest Service Land Exchange There being no further business to come before the Council, the regular meeting adjourned at 6:55 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reynolds Brian Sipes Ron Wolfe Regular Council Meeting Page 3 of 3 10.01.26.doc Memo Initials To: Honorable Mayor and Town Council Thnc Larry Brooks, Town Manager Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. From: Justin Hildreth P.E., Town Engineerf� Date: February 2, 2010 Re: Proposed Decree for Water Division No. 5 Case No. 09CW28 Summary: The Town of Avon (TOA) entered into Colorado Water Division No. 5 Court Case No. 09CW28 as a party in order to monitor the case because TOA is an indirect beneficiary and to assure that provisions will prevent injury to TOXs water rights. The TOXs water attorney, Jay Montgomery, prepared a letter summarizing the water court ruling, attached as Exhibit A. All parties to the case, including the Colorado River Water Conservation District, Eagle Park Reservoir Company (EPRC), Eagle River Water and Sanitation District (ERWSD), Upper Eagle Regional Water Authority (UERWA), and Vail Associates (VA) have agreed to the terms of settlement of the case. Glen Porzak of Porzak, Browning & Bushong, LLP, the water attorney for EPRC, ERWSD, UERWA, and VA, has requested that the TOA execute a stipulation consenting to the ruling, attached as Exhibit B. Financial Implications: There are no financial implications. Recommendation: Staff recommends that Town Council authorize Jay Montgomery to execute the stipulation consenting to the ruling for Water Division No. 5 Case No. 09CW28. Town Manager Comments: Exhibits: Exhibit A — Letter from Jay Montgomery to Town Council, dated January 6, 2010 Exhibit B — Letter from Glen Porzak to Counsel of Record with Enclosure EXHIBIT A January 6, 2010 Town Council c/o Larry Brooks, Manager Town of Avon P.O. Box 975 Avon, CO 81620 Re: Case No. 09CW28 (Colorado River Water Conservancy District, et al.) Dear Council Members: Case No. 09CW28 is an application in Water Court of the Colorado River Water Conservation District, the Eagle Park Reservoir Company ( "EPRC ")and others to adjudicate an exchange to allow storage of water in Homestake Reservoir to fulfill replacement obligations of those entities to the City of Aurora under a 2004 agreement that provides for the use of up to 500 acre-feet per year of water from Homestake Reservoir for various uses in the Eagle River drainage basin. The Town of Avon entered the case as a party for two purposes: (1) to generally monitor the proceedings because Avon is an indirect beneficiary of the 2004 agreement and the application as a member of the Upper Eagle Regional Water Authority, which in turn is a shareholder in the EPRC, and (2) to assure that any decree in the case contains terms and conditions necessary to prevent injury to the water rights of Avon. Attached is a letter from Glenn Porzak with attachments, including a revised, proposed ruling in the case. Ina letter to Mr. Porzak dated November 5, 2009, I had suggested some edits to his earlier proposed ruling to clarify the operation of the proposed exchange and to protect Avon's water rights. The revised ruling contains all the changes I requested, except one. The requested change Mr. Porzak did not make involved the description of the use of the water to be stored in Homestake Reservoir under the exchange approved in the ruling. While he did not adopt my language, he did address the concern I raised by adding a provision in paragraph 7(h) of the ruling stating that the use of the stored water would be in accordance with the various agreements among, Aurora, the River District and Eagle River entities. The application in this Water Court case is intended to implement the 2004 agreement with Aurora for the use by west slope entities of 500 acre -feet of water per year in Homestake Reservoir in addition to the amounts provided under a prior 1998 agreement. In order for EPRC and MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. LAW OFFICES 1002 WALNUT STREET, SUITE 300 JAMES R. MONTGOMERY BOULDER, COLORADO 80302 CHARLES N. WOODRUFF TIMOTHY J. BEATON RICHARD J. MEHREN TELEPHONE: (303)443 -8782 (1941-19%) FAX: (303)443 -8796 COUNSEL HOLLY C. MEYER RAPHAEL J. MOSES CAROLYN R. STEFFL ADDRESS CORRESPONDENCE TO: JOHN WRTEMYER DAVID L, HARRISON AARON S. LADD P. O. BOX 1440 BOULDER, CO 80306 -1440 January 6, 2010 Town Council c/o Larry Brooks, Manager Town of Avon P.O. Box 975 Avon, CO 81620 Re: Case No. 09CW28 (Colorado River Water Conservancy District, et al.) Dear Council Members: Case No. 09CW28 is an application in Water Court of the Colorado River Water Conservation District, the Eagle Park Reservoir Company ( "EPRC ")and others to adjudicate an exchange to allow storage of water in Homestake Reservoir to fulfill replacement obligations of those entities to the City of Aurora under a 2004 agreement that provides for the use of up to 500 acre-feet per year of water from Homestake Reservoir for various uses in the Eagle River drainage basin. The Town of Avon entered the case as a party for two purposes: (1) to generally monitor the proceedings because Avon is an indirect beneficiary of the 2004 agreement and the application as a member of the Upper Eagle Regional Water Authority, which in turn is a shareholder in the EPRC, and (2) to assure that any decree in the case contains terms and conditions necessary to prevent injury to the water rights of Avon. Attached is a letter from Glenn Porzak with attachments, including a revised, proposed ruling in the case. Ina letter to Mr. Porzak dated November 5, 2009, I had suggested some edits to his earlier proposed ruling to clarify the operation of the proposed exchange and to protect Avon's water rights. The revised ruling contains all the changes I requested, except one. The requested change Mr. Porzak did not make involved the description of the use of the water to be stored in Homestake Reservoir under the exchange approved in the ruling. While he did not adopt my language, he did address the concern I raised by adding a provision in paragraph 7(h) of the ruling stating that the use of the stored water would be in accordance with the various agreements among, Aurora, the River District and Eagle River entities. The application in this Water Court case is intended to implement the 2004 agreement with Aurora for the use by west slope entities of 500 acre -feet of water per year in Homestake Reservoir in addition to the amounts provided under a prior 1998 agreement. In order for EPRC and MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Town Council January 6, 2010 Page 2 other applicants to have that 500 acre -feet for use out of Homestake Reservoir, those entities are required by the agreement to "re -pay" Homestake Reservoir through operation of the exchange an average of 500 acre -feet per year on a ten -year moving average. The agreement provides for a flexible credit account in Homestake Reservoir to track that replacement obligation. Because the exchange potential is sporadic and unpredictable, the applicants claimed the right to exchange almost all of their ten -year obligation in one year if river conditions would allow it. The 4,908 value is the total of the contracted amounts of replacement water that the applicant entities have in Green Mountain, Ruedi and Wolford Mountain Reservoirs combined. The purpose in claiming the potential to exchange as much as 4,908 in one year was to provide maximum flexibility in achieving the 500 acre -foot average that's required by the 2004 agreement. While it's unlikely that conditions will ever allow exchange of the whole 4,908 acre -feet in one year, allowing that flexibility in the decree doesn't impact Avon because of the junior priority of the exchange and the other protective conditions written into the proposed ruling. In my opinion, the proposed ruling as revised adequately protects Avon's interests and I recommend that Town Council authorize me to execute a stipulation consenting to the ruling. In coming to that recommendation, I also consulted with Town Engineer Justin Hildreth and the Town's consulting water engineer Les Botham. If you have questions or need additional information, please let me know. Yours truly, Jdtdes . Montgom for MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. JRM:rlo cc: Leslie H. Botham, P.E. EXHIBIT B 't *15 Fltf4 29 Porzak Browning & Bushong LLP � SERVNG # X78 Glenn E. Porzak A t t o r n e y s • a t - L a w Boulder Office: ec 12009 Michael F. Browning Please direct all correspondence to the Boulder ogee 929 Pearl Street. Suite 300 4:20PM Steven J. Bushong Boulder, CO 80302 P. Fritz Holleman 303 443.6800 Tel. Kristin Howse Moseley 303 443 -6864 Fax. Kevin J. Kinnear Vail Office: Thomas W. Korver' 953 S. Frontage Road W. Eli A. Feldman Suite 202 Katherine A. D. Ryan Vail, CO 81657 Karen L. Henderson 970476 -5295 Tel. 'Af.w Adminedin Wyoming 970476 -5309 Fax. December 1, 2009 To: Counsel of Record Re: Division 5, Case No. 09CW28 Dear Colleagues: Enclosed for your review and consideration is a revised draft of the proposed decree in Water Division No. 5 Case No. 09CW28. This revised draft is an effort to address a number of the comments we received from you during our settlement conferences. All changes from the prior draft decree have been highlighted to facilitate your review. In response to the request by the State for information that documents the need for the Homestake Reservoir water obtained by the Reservoir Company and its shareholders pursuant to the 2004 agreement with Aurora, enclosed is a copy of the 1994 report of the Eagle River Assembly and the 2000 supplement thereto. This report contains a comprehensive analysis of the west slope water demands in the Eagle River basin. To date, only approximately one -half of the indicated 10,500 acre feet of additional water required to meet buildout demands and preserve area stream flows has been developed. Finally, an agreement has been finalized with Aurora and Colorado Springs that consolidates the 1998 and 2004 Homestake Reservoir water exchange agreements with the Reservoir Company and its shareholders. The consolidated agreement is in the process of being executed by the multiple parties thereto. A copy will be sent to you as soon as the consolidated agreement has been fully executed. Sincere Glenn E. Porzak Enclosure 34760 DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO 1098 1h Street, Suite 104 Glenwood Springs, Colorado 81601 COURT USE ONLY CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO RIVER WATER CONSERVATION DISTRICT, EAGLE PARK RESERVOIR COMPANY, EAGLE RIVER WATER & SANITATION DISTRICT, UPPER EAGLE REGIONAL WATER AUTHORITY, and VAIL ASSOCIATES, INC. IN EAGLE, GRAND, AND SUMMIT COUNTIES, COLORADO PORZAK BROWNING & BUSHONG LLP Case Number: 09CW28 Glenn E. Porzak ( #2793) Karen L. Henderson ( #39137) 929 Pearl Street, Suite 300 Boulder, Colorado 80302 Phone: (303) 443 -6800 Division: Courtroom: Fax: (303) 443 -6864 E -mail: gporzak @pbblaw.com; kenderson @pbblaw.com COLORADO RIVER WATER CONSERVATION DISTRICT Peter C. Fleming ( #20805) Jason V. Turner ( #35665) P.O. Box 1120 Glenwood Springs, Colorado 81602 Telephone: (970) 945 -8522 pfleming @crwcd.org MOSES, WITTEMYER, HARRISON & WOODRUFF, PC James (Jay) Montgomery ( #10989) PO Box 1440 Boulder, CO 80306 Phone: 303 -443 -8782 Fax: 303 - 443 -8796 E -mail: 'mont omer @mwhw.com STIPULATION AND AGREEMENT BETWEEN APPLICANTS AND THE TOWN OF AVON 35541 The Eagle Park Reservoir Company, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, Vail Associates, Inc., and the Colorado River Water Conservation District (hereinafter "Applicants ") and Objector the Town of Avon by and through their undersigned attorneys, hereby stipulate and agree as follows: 1. Applicants and the Town of Avon desire to enter into this Stipulation and Agreement for the purpose of resolving the opposition of the Town of Avon in this case. 2. The Town of Avon consents to the entry of a decree in the above - captioned matter upon terms and conditions that are no less restrictive on the applicants nor less protective of the Town of Avon than those contained in the proposed Decree of the Water Court attached hereto as Exhibit A. 3. Subject to the foregoing and the right to continue receiving copies of all pleadings filed in this matter, the Town of Avon will not participate further in this matter except to assure that any ruling and decree to be entered is consistent with this stipulation. 4. The parties hereto shall bear their own costs and attorneys' fees. 5. The parties jointly request the Water Referee to enter an Order approving this Stipulation. Respectfully submitted this _ day of January, 2009. PORZAK BROWNING & BUSHONG LLP COLORADO RIVER WATER CONSERVATION DISTRICT Glenn E. Porzak ( #2793) Karen L. Henderson ( #39137) Attorneys for Eagle Park Reservoir Company, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, and Vail Associates, Inc. 35541 Peter C. Fleming ( #20805) Jason V. Turner ( #35665) Attorneys for the CRWCD MOSES, WITTEMYER, HARRISON & WOODRUFF, PC James (Jay) Montgomery ( #10989) Attorney for the Town of Avon CERTIFICATE OF SERVICE I hereby certify that on this _ day of January, 2009, a true and correct copy of the foregoing STIPULATION AND AGREEMENT BETWEEN APPLICANTS AND THE TOWN OF AVON was served by Lexis Nexis File and Serve addressed to the following: Peter C. Fleming Jason V. Turner Colorado River Water Conservation District 201 Centennial Street, Suite 200 P.O. Box 1120 Glenwood Springs, CO 81602 Mark A. Hermundstad Kirsten Kurath Williams, Turner & Holmes, P.C. 200 North 6th Street P.O. Box 338 Grand Junction, CO 81502 Cynthia F. Covell Andrea L. Benson Alperstein & Covell, P.C. 1600 Broadway, Suite 2350 Denver, CO 80202 Mary Mead Hammond Karl D. Ohlsen Carlson, Hammond & Paddock LLC 1700 Lincoln Street, Suite 3900 Denver CO 80203 Brian M. Nazarenus Olivia D. Lucas Ryley Carlock & Applewhite 1999 Broadway, Suite 1800 Denver, CO 80202 Ramsey Kropf Craig V. Corona Patrick Miller & Kropf 730 E. Durant Avenue, Suite 200 Aspen, Colorado 81611 Paul L. Benington Assistant Attorney General Colorado Dept. of Law 1525 Sherman Street, 5th Floor Denver, CO 80203 35541 Mark D. Shea City Attorney's Office Colorado Springs Utilities 121 S. Tejon Street, Fourth Floor P.O. Box 1103, MC 940 Colorado Springs, CO 80947 Richard A. Johnson Stephen C. Larson David F. Bower Johnson & Repucci LLP 2521 Broadway, Suite A Boulder, CO 80304 Robert V. Trout Douglas M. Sinor Trout, Raley, Montano, Witwer & Freeman, P.C. 1120 Lincoln Street, Suite 1600 Denver, CO 80203 John M. Dingess Duncan, Ostrander & Dingess, P.C. 3600 S Yosemite Street, Suite 500 Denver CO 80237 James R. Montgomery Moses, Wittemyer, Harrison and Woodruff, P.C. PO Box 1440 Boulder CO 80306 Timothy J. Beaton Patricia M. DeChristopher Moses, Wittemyer, Harrison & Woodruff, P.C. PO Box 1440 Boulder, CO 80306 DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO 1098 1h Street, Suite 104 Glenwood Springs, Colorado 81601 COURT USE ONLY CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO RIVER WATER CONSERVATION DISTRICT, EAGLE PARK RESERVOIR COMPANY, EAGLE RIVER WATER & SANITATION DISTRICT, UPPER EAGLE REGIONAL WATER AUTHORITY, and VAIL ASSOCIATES, INC. IN EAGLE, GRAND, AND SUMMIT COUNTIES, COLORADO PORZAK BROWNING & BUSHONG LLP Case Number: 09CW28 Glenn E. Porzak ( #2793) Karen L. Henderson ( #39137) 929 Pearl Street, Suite 300 Boulder, Colorado 80302 Phone: (303) 443 -6800 Division: Courtroom: Fax: (303) 443 -6864 E -mail: gporzak @pbblaw.com; kenderson @pbblaw.com COLORADO RIVER WATER CONSERVATION DISTRICT Peter C. Fleming ( #20805) Jason V. Turner ( #35665) P.O. Box 1120 Glenwood Springs, Colorado 81602 Telephone: (970) 945 -8522 pfleming @crwcd.org MOSES, WITTEMYER, HARRISON & WOODRUFF, PC James (Jay) Montgomery ( #10989) PO Box 1440 Boulder, CO 80306 Phone: 303 -443 -8782 Fax: 303 - 443 -8796 E -mail: jmontgomery@mwhw.com STIPULATION AND AGREEMENT BETWEEN APPLICANTS AND THE TOWN OF AVON 35541 The Eagle Park Reservoir Company, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, Vail Associates, Inc., and the Colorado River Water Conservation District (hereinafter "Applicants ") and Objector the Town of Avon by and through their undersigned attorneys, hereby stipulate and agree as follows: 1. Applicants and the Town of Avon desire to enter into this Stipulation and Agreement for the purpose of resolving the opposition of the Town of Avon in this case. 2. The Town of Avon consents to the entry of a decree in the above - captioned matter upon terms and conditions that are no less restrictive on the applicants nor less protective of the Town of Avon than those contained in the proposed Decree of the Water Court attached hereto as Exhibit A. 3. Subject to the foregoing and the right to continue receiving copies of all pleadings filed in this matter, the Town of Avon will not participate further in this matter except to assure that any ruling and decree to be entered is consistent with this stipulation. 4. The parties hereto shall bear their own costs and attorneys' fees. 5. The parties jointly request the Water Referee to enter an Order approving this Stipulation. Respectfully submitted this _ day of January, 2009. PORZAK BROWNING & BUSHONG LLP COLORADO RIVER WATER CONSERVATION DISTRICT Glenn E. Porzak ( #2793) Karen L. Henderson ( #39137) Attorneys for Eagle Park Reservoir Company, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, and Vail Associates, Inc. 35541 Peter C. Fleming ( #20805) Jason V. Turner ( #35665) Attorneys for the CRWCD MOSES, WTTTEMYER, HARRISON & WOODRUFF, PC James (Jay) Montgomery ( #10989) Attorney for the Town of Avon CERTIFICATE OF SERVICE I hereby certify that on this _ day of January, 2009, a true and correct copy of the foregoing STIPULATION AND AGREEMENT BETWEEN APPLICANTS AND THE TOWN OF AVON was served by Lexis Nexis File and Serve addressed to the following: Peter C. Fleming Jason V. Turner Colorado River Water Conservation District 201 Centennial Street, Suite 200 P.O. Box 1120 Glenwood Springs, CO 81602 Mark A. Hermundstad Kirsten Kurath Williams, Turner & Holmes, P.C. 200 North 6th Street P.O. Box 338 Grand Junction, CO 81502 Cynthia F. Covell Andrea L. Benson Alperstein & Covell, P.C. 1600 Broadway, Suite 2350 Denver, CO 80202 Mary Mead Hammond Karl D. Ohlsen Carlson, Hammond & Paddock LLC 1700 Lincoln Street, Suite 3900 Denver CO 80203 Brian M. Nazarenus Olivia D. Lucas Ryley Carlock & Applewhite 1999 Broadway, Suite 1800 Denver, CO 80202 Ramsey Kropf Craig V. Corona Patrick Miller & Kropf 730 E. Durant Avenue, Suite 200 Aspen, Colorado 81611 Paul L. Benington Assistant Attorney General Colorado Dept. of Law 1525 Sherman Street, 5th Floor Denver, CO 80203 35541 Mark D. Shea City Attorney's Office Colorado Springs Utilities 121 S. Tejon Street, Fourth Floor P.O. Box 1103, MC 940 Colorado Springs, CO 80947 Richard A. Johnson Stephen C. Larson David F. Bower Johnson & Repucci LLP 2521 Broadway, Suite A Boulder, CO 80304 Robert V. Trout Douglas M. Sinor Trout, Raley, Montano, Witwer & Freeman, P.C. 1120 Lincoln Street, Suite 1600 Denver, CO 80203 John M. Dingess Duncan, Ostrander & Dingess, P.C. 3600 S Yosemite Street, Suite 500 Denver CO 80237 James R. Montgomery Moses, Wittemyer, Harrison and Woodruff, P.C. PO Box 1440 Boulder CO 80306 Timothy J. Beaton Patricia M. DeChristopher Moses, Wittemyer, Harrison & Woodruff, P.C. PO Box 1440 Boulder, CO 80306 Confidential Settlement Document Pursuant to CAE. 408 G (I � Dec 12009 4:20PM DISTRICT COURT, WATER DIVISION NO. 5, GARFIELD COUNTY, COLORADO Court Address: 109 8'" Street, Suite 104 Glenwood Springs, CO 81601 Phone Number: 970.947.3 862 A COURT USE ONLY A CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO RIVER WATER Case Number: 09CW28 CONSERVATION DISTRICT, EAGLE PARK RESERVOIR COMPANY, EAGLE RIVER WATER & SANITATION DISTRICT, UPPER EAGLE REGIONAL WATER AUTHORITY and VAIL ASSOCIATES, INC., IN EAGLE, GRAND AND SUMMIT COUNTIES, COLORADO DECREE OF THE WATER COURT The application in this case was filed on March 31, 2009, and was referred by the Water Judge for the District Court in and for Water Division No. 5, State of Colorado (the "Water Court") to the Referee of the Water Court in accordance with Article 92 of Chapter 37, Colorado Revised Statutes, known as the Water Right Determination and Administration Act of 1969. The matter was rereferred to the Water Judge by Order dated The Water Judge, having made such investigations as are necessary to determine whether or not the statements in the application are true, and having become fully advised with respect to the subject matter of the application, does hereby enter the following as the Decree of the Water Court. 1. Application. This matter involves the Application for Approval of Plan for Augmentation and Exchange filed by (a) Eagle Park Reservoir Company, Eagle River Water and Sanitation District, and Upper Eagle Regional Water Authority, whose address is 846 Forest Road, Vail, Colorado 81657; (b) Colorado River Water Conservation District whose address is P.O. Box 1120 Glenwood Springs, CO 81602; and (c) Vail Associates, Inc., whose address is 390 Interlocken Crescent, Suite 1000, Broomfield, CO 80021. The application was initiated pursuant to the 2004 Water Exchange Agreement dated June 21, 2004, between the City of Aurora and the Applicants, as such agreement is modified by the Consolidated Water Exchange Agreement dated as of , 2009, among the Cities of Aurora and Colorado Springs and the Applicants, which provides for the release of up to 500 acre feet of additional water per year for 304845 the use by the Eagle Park Reservoir Company and its shareholders. In return, out of priority storage in Homestake Reservoir is augmented by the Applicants by exchange for beneficial use by Aurora and Colorado Springs pursuant to the terms of this Decree and the aforementioned agreements. 2. Jurisdiction. All notices required by law have been duly given and the Water Court has jurisdiction over the application and all parties affected thereby, whether or not they have chosen to appear. 3. sition. Statements of opposition to the application have been timely filed by the City of Aurora, Grand Valley Water Users Association, Orchard Mesa Irrigation District, Ute Water Conservancy District, Northern Colorado Water Conservancy District, City of Colorado Springs, City of Aspen, Homestake Partners (being the Cities of Aurora and Colorado Springs acting through the Homestake Steering Committee), Traer Creek Metropolitan District, Climax Molybdenum Company, Town of Avon, Public Service Company of Colorado, Town of Gypsum, Colorado Water Conservation Board, State and Division Engineers, and the Board of County Commissioners of Pitkin County. The time for filing additional statements of opposition has now expired. 4. Description of Structures to be Aujunented by Exchan e: Applicants seek to augment by exchange up to 4908 acre feet of water per year for out -of- priority diversion into storage at the following structures decreed by the Eagle County District Court in Civil Action No. 1193 (collectively " Homestake Reservoir "): Structure Amount (a) French Creek Intake. S. 82 018.3' E. 20988 ft. to NW corner Sect. 31, 60.1 cfs T. 7 S., R. 80 W. (b) Fancy Creek Intake. N. 850105E. 25280 ft. to NW comer Sect. 31, 38.6 cfs T. 7 S., R. 80 W. (c) Missouri Creek Intake. N. 77 °12.4' E. 28800 ft. to NW corner Sect. 31, 39.8 cfs T. 7 S., R. 80 W. (d) Sopris Creek Intake. N. 74'07.6'E. 29848 ft. to NW corner Sect. 31, 41.3 cfs T. 7 S., R. 80 W. 30484.5 2 (e) East Fork Conduit, The East Fork Conduit diverts water from the East Fork of Homestake Creek pursuant to its appropriation of 70.8 cubic feet per second of time absolute and 189.2 cubic feet per second of time conditional therefrom and conveys these waters to Homestake Reservoir for conveyance to Homestake Tunnel or storage in the reservoir, said East Fork Conduit having a capacity of 260 cubic feet per second of time and total length of approximately 3093 feet. The point of diversion of said conduit is on East Fork Homestake Creek at a point whence the Northwest comer of Section 31, T. 7 S., R. 80 W. bears N. 55-40.5'E., 22,917 feet. (f) Homestake Tunnel. Homestake Tunnel under the Continental Divide for the conveyance of water into the Arkansas River Basin with its intake located at a point under Homestake Reservoir whence the Northwest corner of Section 10, T. 9 S., R. 81 W., 6th P.M. bears S. 15 °27'08" E. 26,173.03 feet appropriates a maximum amount of 10 cubic feet per second of time conditional of water seeping and percolating into Homestake tunnel from former Water District No. 37 areas and 300 cubic feet per second of time absolute from Middle Fork of Homestake Creek, at its said Northerly portal, its point of diversion; said tunnel has a length of 27,400 feet and a capacity of 700 cubic feet per second of time. The tunnel will convey out of former Water District No. 37 up to 700 cubic feet per second of time of waters appropriated by the tunnel from the Middle Fork of Homestake Creek, together with water appropriated by the tunnel from the Homestake Creek and East Fork Conduits and Homestake Reservoir, to an outlet at a point from where the Northwest comer of Section 10, T. 9 S., R. 81 W., 6th P.M. bears N. 6 140'52" E., a distance of 2,173.54 feet. (g) Homestake Reservoir. Homestake Reservoir, also known as Elliott -Weers Reservoir, has capacity of 83,338.98 acre feet conditional, is located on Homestake Creek with a dam whence Homestake Peak bears S. 73026'E. 10,477 feet from the easterly end thereof and S. 74-57'E. 13,347 feet from the westerly end thereof, said dam having a maximum height of 411.5 feet and a length of 3,380 feet. The sources of supply of said reservoir are Homestake Conduit (the sources of this conduit as hereinabove set forth), East Fork Conduit (the source of this conduit as hereinabove set forth), the Middle Fork of Homestake Creek and Homestake Creek, and said reservoir has appropriated for 304945 storage 83,338.98 acre feet annually from said sources. Homestake Reservoir also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. Existing Homestake Reservoir has a storage capacity of 43,504.7 acre feet absolute and is located on Homestake Creek with a dam whence the NW Corner of Section 31 T. 7 S., R. 80 W., 6th P.M. bears N. 58 °30.6' E. 24,659 feet from the East dam abutment and N. 62 °25.8' E. 25,746 feet from the West dam abutment, said dam has a maximum height of 265.0 feet and a length of 1996 feet. The sources of supply of said existing Homestake Reservoir are Homestake Conduit, East Fork Conduit, the Middle Fork of Homestake Creek and Homestake Creek. Existing Homestake Reservoir has appropriated 43,504.7 acre feet annually from said sources and also conveys water from Homestake Conduit and East Fork Conduit to Homestake Tunnel. 5. Augmentation and Exchange Sources. The following described water rights are the sources of water to augment by exchange out of priority diversions into storage at Homestake Reservoir: (a) Up to 2908 acre feet per year from Green Mountain Reservoir, decreed by the United States District Court for the District of Colorado in Consolidated Case Nos. 2782, 5016 and 5017, for 154,645 acre feet, with an appropriation date of August 1, 1935. The Reservoir is located on the Blue River in Sections 11, 12, 13, 14, 15 and 24, T. 2 S., R. 80 W., and Sections 18, 19, 20, 21, 28, 29 and 34, T. 2 S., R. 79 W., 6th P.M., Summit County, Colorado. The Eagle River Water & Sanitation District has a contract issued by the U.S. Bureau of Reclamation (Contract No. 9- 07- 60- W0408) entitling it to the release of 934 acre feet annually from Green Mountain Reservoir. The Upper Eagle Regional Water Authority has a contract issued by the U.S. Bureau of Reclamation (Contract No. 9- 07- 60- W0413) entitling it to the release of 220 acre feet annually from Green Mountain Reservoir. Vail Associates, Inc. has three contracts issued by the U.S. Bureau of Reclamation (Contract Nos. 9- 07- 60- W0420, 5- 07- 60- W0404, and 0-07 - 60- W0537) entitling it to the release of 1754 acre feet annually from Green Mountain Reservoir. (b) Up to 2000 acre feet of water per year from Wolford Mountain Reservoir (a/k/a Gunsight Pass Reservoir) decreed by the Water Court as follows: (1) Case No. 87CW283: Decree Date: November 20, 1989 Legal description of point of diversion or place of storage: The dam is located in the S W l A of the NE 1.4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54 °54'20" E. a distance of 3,716.46 feet from the NW Corner of said Section 25. Source: Muddy Creek and its tributaries 30494 5 4 Amount: 59,993 acre feet conditional; of this amount, 32,986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW281 Approph ation Date: December 14, 1987 Decreed Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. (2) Case No. 95CW281: Decree Date: August 26, 1997 Legal description of point of diversion or place of storage: The dam is located in the SW1 /4 of the NEl/4 of Section 25, T. 2 N., R. 81 W., 6th P.M. The as -built intersection of the dam axis (Sta. D19+35.61) with the West Access Road (Sta. WR50+55.05), as shown on the Colorado River Water Conservation District, Wolford Mountain Project, Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53 °24'56" E. a distance of 3,395.51 feet from the NW Corner of said Section 25; the bearing of said dam axis from Sta. 19 +35.61 to Sta. 0+00 being S. 75° 28'29" E. Source: Muddy Creek and its tributaries Amount: 6,000 acre feet conditional Appropriation Date: January 16, 1995 Decreed Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic, municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. (3) Case No. 98CW237: Decree Date: July 6, 2000. Legal Description of place of storage: Same as for 95CW281. Source: Muddy Creek and its tributaries Amount: 30,000 acre feet conditional with 15,895 AF being absolute for recreational and piscatorial and flood control. Appropriation Date: November 17, 1998 Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Water Court Case No. 87CW283 (November 20, 1989 Judgment and Decree), and Water Court Case No. 95CW281 (August 26, 1997 Judgment and Decree). Alternately, the Wolford Mountain Reservoir water available to Applicants for the augmentation by exchange contemplated herein may be delivered from Ruedi Reservoir when the call is below the confluence of the Roaring Fork and Colorado Rivers. Ruedi Reservoir was decreed by the Garfield County District Court in Civil Action No. 4613 for domestic, municipal, irrigation, industrial, generation of electrical energy, stock watering and piscatorial uses, with an 304845 5 appropriation date of July 29, 1957. By subsequent order of the Water Court entered in Case No. W- 789 -76, the decreed amount of this reservoir has been fixed at 102,369 acre feet. Ruedi Reservoir is located in Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 6th P.M., in Eagle and Pitkin Counties, and derives its water supply from the Fryingpan River. The Colorado River Water Conservation District has four contracts issued by the U.S. Bureau of Reclamation (Contract Nos. 0091)6C0111 and 0091)6C01183- 039F6C0011 and 0781)6C0106) entitling it to the release of 6703 acre feet annually from Ruedi Reservoir for municipal and industrial use, andef may seek such future contracts as may be required. Collectively, Applicants Eagle River Water and Sanitation District and the Upper Eagle Regional Water Authority have the contractual right to 1000 acre feet of water from Wolford Mountain/Ruedi Reservoirs; and the Colorado River Water Conservation District is the owner of Wolford Mountain Reservoir. 6. Description of the Plan for Augmentation and Exc hanger Applicants have the right to augment out of priority diversions into storage at Homestake Reservoir. (a) Augmentation and Exchanee plan. To permit the requested out of priority diversions into storage, Applicants propose to cause the release of or otherwise commit to the Colorado River up to 4908 acre -feet of water per year from any part or combination of the Colorado River basin reservoirs as more fully described in paragraph 5 above. (b) Exchange plan reach and rate. The downstream terminus of the exchange involving the Colorado River basin reservoirs described in paragraphs 5(a) and 5(b) above is the confluence of the Colorado River and the Eagle River, and the confluence of the Colorado and Roaring Fork Rivers in the case of the use of Ruedi Reservoir. The upstream termini of the subject exchanges are the water rights and/or structures more fully described in paragraph 4 above. The maximum rate of exchange is 47.5 cfs absolute and 52.5 cfs conditional. (c) Priority date. Appliemis afe gFmted n tune 21, 2004 Fitt EW@ in eofmoetie The date of appropriation for the absolute and conditional appropriative rights of exchange confirmed in this Decree is June 21, 2004, which is the date that the 2004 Water Exchange Agreement was executed among the City of Aurora, Eagle Park Reservoir Company and others. The application to adjudicate the appropriative right of exchange approved in this Decree was filed with the Water Court in 2009, shall be administered as having been filed in that year, and shall be junior to all priorities filed in previous years. As between all rights filed in the same calendar year, priority shall be determined by date of appropriation and not affected by date of the entry of the Decree. 304844 7. Terms and Conditions: (a) So as to ensure proper operation of the subject plan for augmentation and exchange, Applicants will implement such accounting procedures as may be required by the State or Division Engineers to administer the terms of this Decree. (b) The proposed exchange will not operate when any intervening senioreg decreed instream flows within the exchange reach are being measured by the Colorado Water Conservation Board, such measurements indicate that the decreed instream flow is not being met, and the Colorado Water Conservation Board has placed a valid call for all intervening instream flows and for instream flows on all side tributaries that contribute to the intervening instream flows. (c) Pursuant to C.R.S. § 37 -92- 305(8), the State Engineer shall curtail all out -of- priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. (d) The cumulative use of the water from Green Mountain and Wolford Mountain Reservoirs described in paragraph 5 above which is currently decreed in whole or in part in Water Court Case Nos. 82CW328, 88CW456, 89CW201, 89CW296, 90CW323, 92CW291, 95CW348, 98CW270, 03CW78, 03CW211, 09CW28, and as may be subsequently decreed in future cases will not exceed the amount of the augmentation water described in paragraph 5. (e) Ruedi Reservoir water will not be used when a call is being administered by the Division No. 5 Engineer on the Colorado or Eagle Rivers upstream of the confluence of the Roaring Fork River and the Colorado River. (f) The exchange will be discontinued or reduced to the extent there is insufficient water in the Eagle River to meet a valid call under any water right with a priority date senior to the exchange decreed herein. (g) The exchange will operate when Homestake Reservoir is out -of- priority as a result of a call originating from the main stem Colorado River water rights and concurrently the natural flow at the Gold Park gage on Homestake Creek exceeds 24 cfs. The amount of the exchange will be limited daily to the amount exceeding 24 cfs at the Gold Park gage and further limited to a maximum rate of 100 cfs. (h) This Decree is not intended to and does not adjudicate Applicants' use of water from Homestake Reservoir pursuant to the agreements described in paragraph 1 above. Applicants' end use of the water from Homestake Reservoir pursuant to the aforementioned agreements is the subject of existing decrees and currently pending applications, and may be the subject of such future applications as may be initiated by Applicants or their contractees. 10484 -4 8. Retained Jurisdiction. The Court shall retain jurisdiction over the plan for augmentation pursuant to C.R.S. § 37 -92- 304(6), for reconsideration of injury to vested rights of others for a period of three years commencing upon the first diversion of water into storage pursuant to this plan for augmentation by exchange. The Applicants shall give written notice of such fact to the Court and all the Objectors, and if no petition invoking this Court's retained jurisdiction is filed within three years of such notice, the retained jurisdiction shall end as to this plan for augmentation. Any party desiring the Court to reconsider the question of injury must file a verified petition with the Court within the time periods set forth above, setting forth with particularity, the factual basis for the claimed injury and the cause thereof. The party lodging the petition shall have the burden of proof to establish the facts and injury alleged in the petition. Should the party lodging the petition satisfy its burden of proof, that party and/or the Applicants may propose terms and conditions to address the injury so proved. 9. Judgment and Decree. The foregoing paragraphs are hereby incorporated and made a part of this Decree. The Court decrees that the augmentation and exchange plan described in paragraph 6 above is hereby approved, subject to the terms and conditions of paragraph 7 above. The Court further decrees that there will be no injury to any owners of or persons entitled to use water under vested water rights or decreed conditional rights as a result of the approval of the augmentation and exchange plan granted herein, and that said rights are administrable. The Court further finds that the use of water from Green Mountain and Ruedi Reservoirs by augmentation and exchange as provided for herein implements the authorized and contracted uses of such water to provide for beneficial use on the western slope of the Continental Divide and is consistent with and does not modify the Operating Policy for Green Mountain Reservoir, Senate Document No. 80, the Operating Principles for the Fryingpan Arkansas Project (HD130), the contracts of the Upper Eagle Regional Water Authority, Eagle River Water & Sanitation District, and Vail Associates, Inc. for Green Mountain Reservoir water as described in paragraph 5(a) and the contracts of the Colorado River Water Conservation District for Ruedi Reservoir water as described in paragraph 5(b). It is accordingly ORDERED that this Decree shall be filed with the Water Clerk subject to judicial review. It is further ORDERED that a copy of this Decree shall be filed with the appropriate Division Engineer and with the State Engineer. 30484 -4 Q Dated this day of , 2009. BY THE COURT: James Boyd, Water Judge Water Division S 304944 Justin Hildreth From: Jay Montgomery Omontgomery@mwhw.com] Sent: Friday, January 29, 2010 11:07 AM To: Justin Hildreth Subject: FW: 09CW28, Eagle Park Reservoir Company, et al Justin, Please see following email from Porzak's office. Am I authorized to sign the stipulation per the memo I sent you 1/6/10? Thanks, Jay James (Jay) Montgomery Moses, Wittemyer, Harrison & Woodruff, PC PO Box 1440 Boulder, CO 80306 Street Address: 1002 Walnut St. Suite 300 Boulder, CO 80302 Phone: 303 - 443 -8782 Fax: 303 - 443 -8796 This electronic message transmission contains information that may be confidential or privileged. The information is intended only for the use of the individual or entity named above. If you are not an intended recipient, please be aware that any disclosure, copying, distribution or use of this information is prohibited. If you have received this electronic transmission in error, please notify us by telephone (303- 443 -8782) or by electronic mail (imonteomery(@mwhw.com) immediately. From: Karen Henderson (mailto:KHenderson @pbblaw.com] Sent: Friday, January 29, 2010 10:40 AM To: Jay Montgomery Subject: RE: 09CW28, Eagle Park Reservoir Company, et al Jay, I am writing to follow -up to see if the Town Council approved the stipulation during the meeting on January 26. Let me know if everything is in order and we can work on getting it signed or if they requested any changes. Thanks, Karen Karen L. Henderson, Esq. Porzak Browning & Bushong LLP 929 Pearl Street, Suite 300 Boulder, Colorado 80302 Telephone: 303 - 443 -6800 Facsimile: 303 - 443 -6864 Email: khenderson(oDpbblaw.com This communication may contain information that is legally privileged, confidential, or exempt from disclosure. If you are not the intended recipient, please note that any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives this message in error should notify the sender immediately by telephone or by return e-mail and delete it from their computer. From: Jay Montgomery [mailto:jmontgomery@mwhw.com] Sent: Wednesday, January 06, 2010 12:41 PM To: Karen Henderson Subject: RE: 09CW28, Eagle Park Reservoir Company, et al Karen, I've made a couple minor changes to the stipulation shown in the attached redline. I prefer not to withdraw a statement of opposition, but to consent to entry of a ruling and to agree not to participate further in the proceedings except to assure compliance with the stipulation. I trust these changes will be acceptable; if not, please call to discuss. As for an order approving the stipulation, I stopped presenting separate orders to the referee for approval of stipulations some time ago because Lain would routinely add some language to the proposed order that would negate its effect. Instead, I would add a paragraph to the ruling and decree referring to the various stipulations with the opposers and providing that the Court approves each such stipulation and makes it enforceable as an order of the Court. Using that procedure might simplify the matter since the referee position may be vacant for some time. I'll leave it to you and Glenn how you want to handle that; either way is fine with me. I will forwarded the stipulation and proposed ruling to my client with my recommendation, which I think will go to Town Council for approval on January 26. Please call if you have questions or need additional information. Thanks, Jay James (Jay) Montgomery Moses, Wittemyer, Harrison & Woodruff, PC PO Box 1440 Boulder, CO 80306 Street Address: 1002 Walnut St. Suite 300 Boulder, CO 80302 Phone: 303 - 443 -8782 Fax: 303 - 443 -8796 This electronic message transmission contains information that may be confidential or privileged. The information is intended only for the use of the individual or entity named above. If you are not an intended recipient, please be aware that any disclosure, copying, distribution or use of this information is prohibited. If you have received this electronic transmission in error, please notify us by telephone (303- 443 -8782) or by electronic mail (jmontgomery(@mwhw.com) immediately. From: Karen Henderson [mailto:KHenderson @pbblaw.com] Sent: Wednesday, January 06, 201011:53 AM To: Jay Montgomery Subject: RE: 09CW28, Eagle Park Reservoir Company, et al Jay, For your review, please find enclosed a draft stipulation between Applicants and the Town of Avon in Case No. 09CW28. Exhibit A is the same version of the December 1, 2009 draft decree in 09CW28, minus the redline. Also included is a draft proposed order. While this case is still in front of the referee, I drafted it for Judge Boyd to sign because of the vacant referee position. I have been trying to get a hold of Kathy Hall to see how the court plans to handle such matters until a new referee in hired. 2 Please do not hesitate to let me know if you have any questions or concerns regarding the attached. Very truly yours, Karen Karen L. Henderson, Esq. Porzak Browning & Bushong LLP 929 Pearl Street, Suite 300 Boulder, Colorado 80302 Telephone: 303-443-6800 Facsimile: 303 - 443 -6864 Email: khenderson @pbblaw.com This communication may contain information that is legally privileged, confidential, or exempt from disclosure. If you are not the intended recipient, please note that any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives this message in error should notify the sender immediately by telephone or by return e-mail and delete it from their computer. From: Jay Montgomery [mailto:jmontgomery@mwhw.com] Sent: Monday, January 04, 2010 4:01 PM To: Glenn Porzak; Karen Henderson Cc: Eric Heil; Larry Brooks; Justin Hildreth Subject: 09CW28, Eagle Park Reservoir Company, et al Glenn and Karen, I have Glenn's letter of December 1, 2009 with the revised ruling and am prepared to recommend that Avon Town Council authorize me to stipulate to the ruling. Would you please prepare and forward to me a stipulation for Avon to consent to a ruling no less restrictive on the applicants nor less protective of Avon than the December 1 draft? I'll then forward the stipulation and proposed ruling with my recommendation to the Town. Thanks, Jay James (Jay) Montgomery Moses, Wittemyer, Harrison & Woodruff, PC PO Box 1440 Boulder, CO 80306 Street Address: 1002 Walnut St. Suite 300 Boulder, CO 80302 Phone: 303 -443 -8782 Fax: 303 - 443 -8796 This electronic message transmission contains information that may be confidential or privileged. The information is intended only for the use of the individual or entity named above. If you are not an intended recipient, please be aware that any disclosure, copying, distribution or use of this information is prohibited. If you have received this electronic transmission in error, please notify us by telephone (303- 443 -8782) or by electronic mail (jmontgomery(@mwhw.com) immediately. 3 Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager / Legal Review: Elizabeth Pierce - Durance, Prosecuting Town Attorney From: Patty McKenny, Assistant Town Manager Date: January 29, 2010 Re: Appeal of Town Clerk's Denial on Amigo Towing License Application Summary: Please find attached materials related to a towing license application submitted by Rodolfo Nevarez, (Rudy), owner of Amigo Towing. The Town Clerk's Office has denied issuing this license based on a review of the application and recommendation from the Police Chief. The Town Council is asked to consider an appeal of this decision by the applicant Rudy Nevarez. Per the Avon Municipal Code, Section 5.12.040 License – application— decision — appeal, "the Town Council shall consider an appeal of the Town Clerk's decision to deny a wrecker or parking enforcement company application within thirty five (35) days of receipt of a proper and timely written request to appeal a denial decision." It is noted that the decision of the Town Council shall be final. The Council is therefore asked to consider the information presented in this packet and make the final determination on whether or not to issue Amigo Towing the town license. Previous Council Action: The Town Council adopted Ordinance No. 09 -10 on June 23, 2009, An Ordinance Adopting Regulations for Booting Vehicles on Private Property through the Repeal and Reenactment of Chapter 5.12 of the Avon Municipal Code and Adopting Penalties for Violations. Background: The Town Clerk's Office denied issuing a license to Amigo Towing based on a recommendation from the Avon Police Department. Due to Mr. Nevarez's background information which includes several arrests and convictions, Police Chief Kozak has recommended that Amigo Towing is not placed on the Avon Police Department's rotation list to use for towing services. Numerous towing companies and one booting company have received licenses from the Town of Avon in the past few months in order to comply with this ordinance which sets forth regulations for vehicle impoundment, booting or towing businesses. The timeline for the Amigo Towing application follows: Date: Summary of Action on the License: December 3, 2009 The payment and application were received from Amigo Towing. The application was forwarded to the Police Department. January 5, 2010 The Avon Police Department returned the application to the Town Clerks Office with a recommendation for denial based on reasons in the background check. January 11, 2010 An email and letter were mailed to Amigo Towing denying the licensing of Amigo Towing due to reasons found in the applicant's background investigation. January 21, 2010 The Town Clerk's Office received a request for an appeal of the decision to deny the license to the Council. February 9, 2010 The Avon Town Council will consider the appeal on the license. Discussion: Avon Municipal Code Section 5.12.020 License — application —fee, (a) states that "No wrecker shall have his or her name included on the towing list of the Town and be requested by the Police Department to respond to the scene of an accident or emergency for the purpose of towing a vehicle without first having obtained a license from the Town Clerk ". It should be noted that based on this paragraph in the code, the town vehicle impoundment license is only needed in order to be included on the Police Department's towing list. Mr. Nevarez can operate his towing business in Avon under the Colorado Public Utilities Commission license and as long as he obtains a valid business license from the Town Clerk's office. The need for the business license is because his office is located within the town limits of Avon on Metcalf Road. Also, it is noted that the $400 application fee is nonrefundable (letter c) of section 5.12.020). This "appeal process" will look similar to that of a liquor license hearing in that Elizabeth Pierce - Durance, the Town's Prosecuting Attorney for Municipal Court, will represent staff and Eric Heil, Town Attorney, will advise Town Council on this matter. Rudy Nevarez, Amigo Towing, will be present to answer questions. Town Manager Comments: Attachments: A. Memo to Patty McKenny from Police Chief Brian Kozak providing follow up recommendation based on documents submitted by Mr. Nevarez (1 page) B. Vehicle Impoundment License Application: includes "Vehicle Impoundment Employee Background Form ", Copy of PUC License and Certificate of Insurance (Progressive) (6 pages) C. Request for Appeal from Mr. Nevarez dated January 21, 2010 (1 page) D. Letter from Town Denying License dated January 4, 2010 & mailed January 11, 2010 (2 pages) E. Letters of Reference for Mr. Nevarez (6 pages) F. Ordinance No. 09 -10 addressing vehicle impoundment (6 pages) Confidential packets includes the following: G. Colorado Bureau of Investigation's Background Report on Mr. Nevarez (4 pages) H. Court/ Police Documents submitted by Mr. Nevarez (10 pages) e)&U6* a- Memo To: Patty McKenny, Director Administrative Services Initials From: Brian Kozak, Chief of Police Date: January 29, 2010 Re: Police denial of towing application for Amigo Towing I concur with Sgt. McGovern's denial of the application for Amigo Towing to become a rotation tow company for the Avon Police Department. A fingerprint check conducted by the Colorado Bureau of Investigation concluded that the owner /operator of Amigo Towing, Rodolfo Nevarez has had the following arrests /convictions (confirmed by his finger prints): Arrest Date Charges Location Disposition 5/1/87 DUI Adams County Conviction 5 days 'ail 9/16/90 -j'6--Degree Assault Mintum Arrest — Unknown Harassment conviction 8/29/96 Domestic Violence ECSO Arrest- Unknown Restrainin order conviction 4/2/00 Obstruct Police Glenwood Springs Conviction Resisting Arrest 2 years probation Disorder) Conduct 8/16/09 2 Degree Assault ECSO Conviction — Disorderly (Felony) Conduct DUI (Misdemeanor) Obstruct Telephone Felony dismissed I read the ECSO report concerning the 8/16/09 arrest to provide the following synopsis: Nevarez was driving a vehicle near Mintum with his wife and 11 -year old child as passengers. The passengers indicated that Nevarez was intoxicated and began to argue with his wife. She exited the vehicle and Nevarez struck her with the vehicle. He also took her cellular phone to prevent her from calling the police, stating that the police would not do anything to him since they are all his friends. He plead guilty to a misdemeanor charge of disorderly conduct. Avon Municipal Code 5.12.030 requires the applicant to be "of good character" to be granted a towing permit to impound vehicles for the Police Department. His confirmed criminal history that involves violations of assault, domestic violence, obstructing the police and DUI do not constitute "good character". Therefore, I cannot approve his application to act as an agent for the Avon Police Department. The denial of the application does not prevent Amigo from operating in the Town of Avon under the Colorado PUC license. The denial only prevents Amigo Towing from being placed on the Avon Police Department's rotation list. EI&L60 b Town of Avon, Colorado Viy Vehicle Impoundment License Application Remit Application to Town Clerk's Office NEW LICENSE # One Lake Street, P.O. Box 976 Avon, CO 81620 C o L 0 e% o o Telephone 970 - 748 -40001 Fax 970 - 949 -9139 New License Fee: $400 Annual Renewal Fee: $150 (renewal fee due upon anniversary of the date of•issuance) Avon Municipal Code. Chapter 5.12 - Vehicle Impoundment (towing and booting): No wrecker shall respond to the scene of an accident or emergency for the purpose of towing a vehicle and no parking enforcement company may engage in booting operations without first having obtained a license from the Town Clerk's Office. Business Type: (Please Circle One) Booting owin Booting and Towing Please Print clearly Leg am G Z D / B / A = Do)ng Business As: VVA o -t-0t.-)kVX 920 92-(0 3/ 906 9447 Local Contact Person Local Phone Number Local Fax Number �,?O '� zio 3i q-70 1104 92-171 Local contact information is required as it is very pertinent to the Avon Police Department, Eagle River Fire & Protection District & Dispatch when notifying the business in case of any emergency. If applicable: Corporate Contact Person Corporate Phone Number Corporate Fax Number Location of Storage Lot: CL Pozr Q t .11 Business Physical Location (include street name, number, building name, suite) l Zo me,,k,�—. 4XIC A/ Co e ( Z Local Mailing Address Corporate Mailing Address (if applicable) 0,--r o 4 o to o e-o THE FEDERAL IDENTIFICATION NUMBER AND COLORADO PUBLIC UTILITIES COMMISSION PERMIT NUMBERS ARE REQUIRED BEFORE PROCESSING YOUR APPLICATION FOR TOWING Your wrecker business must be registered with the Colorado Public Utilities Commission. Federal ID Number Permit No. from Colorado Public Utilities Commission (please provide a copy of the permit) 000 C -d 33a 9 MUST SUBMIT CERTIFICATE OF INSURANCE COVERAGE WITH THIS APPLICATION I PROOF OF INSURANCE IS REQUIRED BEFORE PROCESSING YOUR APPLICATION Wrecker companies must comply with the Colorado Public Utilities Commission required coverage of public liability and property damage Insurance. Parking Enforcement Companies are required to have public liability and property damage insurance providing coverage of at least $1M per occurrence. Insurance Company Name: 5�r�`re�,l✓z Insurance Policy Number: VEHICLE IMPOUNDMENT EMPLOYEE BACKGROUND FORM Section 5.12.030 outlines the investigation and criminal background check that is required for this applicant and employees. Within three (3) days of hiring a new operator the Licensee shall require the employee to appear at the Avon Police Dept. to complete a background check. Number of Full Time Employees 0 Number of Part Time Employees Please attach a list of the names of people who work for your company. Avon Vehicle Impoundment License Application Page 1 of 2 A( Town of Avon, Colorado :,r Vehicle Impoundment License Application '� Remit Application to Town Clerk's Office NEW LICENSE # One Lake Street, P.O. Box 975 Avon, CO 81620 Telephone 970 - 748 -4000 / Fax 970 - 949 -9139 EMERGENCY CONTACT INFORMATION Local Person(s) to contact in case of Emergency (Include name of Alarm Company, if applicable) Name Address. Phone # (after hours) This box must be completed in full or the iss2nce of this ensemoay be delayed or denied. Organization Type (Please Circle One) Sole Proprietor Corporation -Y Partnership LLC List Partners, Officers of LLC or Corporation: Name Address Phone # 1. 2. 3. 4. Additional Questions 1. Will this business be operated out of your home as a home office / home occupation? Yes o 2. This business was formerly operated by: 3. Do you have a branch outside the Town limits? Yes G 4. List any additional locations within Town of Avon. 5. Date this business started /will start operation in Avon? Z o y Yew g 6. 1 have read and agree to abide with Capter 5.12 & Rules of the Avon Municipal Code? SSD No I hereby certify that the statements made on this application are true and correct to the best of my knowledge. Primed Na e/0 ner: Date of ure of Owner ("\ ate. Applicfitions for License may be denied if this form is not complete. For Town of Avon Use Only (Do note write in this box) Date Application Received in Town Clerks Office 121 �Q c) jj&!:6„ Fee Paid via cash or check number: ;ZE i Z/ 3109 Date forwarded to APD for Background Check: _ 2 Date due back to Town Clerk's Office (within 15 days): Date returned to Town Clerk's Office: ! S % ^ Recommendation for Approval Denial om Avon Police Department�� " Reasons for denial: Dr,-) F— b r /', �f�� 6 ^%-� �c� �v� ��' �' x &ez -a Please note: Final approval will be given when results from CBI background checks have been completed; this may take up to 60 days. Attachments to this Application Form include the following: 1 Town of Avon Ordinance No. 09-70 Adopting Regulations for Vehicle Impoundment (72 pages) 2 Rules and Regulations Governing Towing Companies (3 pages) 3 Rules and Regulations Governing Parking Enforcement Companies (3 pages) 4 Vehicle Impoundment Employee Background Form (1 page) submit this form wt application 5 Name of Parking Enforcement Company Form (I page) b Name of Parking Enforcement Company Address Form: Vehicle Immobilization Log (1 page) 7 Parking Enforcement Guidelines Avon Vehicle Impoundment License Application Page 2 of 2 3038942071 03;04:38 p.m. 02 -01 -2010 111 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO Rodolfo Nevarez dba Amigo Towing P.O. Box 2594 Avon, CO 81620 PERMIT NO. T -03328 In compliance with the provisions of Section 40 -13 -106, C.R.S., the Commission has considered the application filed. The Commission grants the above named carrier authority to operate as a towing carrier, subject to the provisions mentioned below. A copy of this permit must be carried in each vehicle operated under Towing Carrier Permit No. T- 03328. This permit grants authority to operate only as a towing carrier as defined by Article 13, C.R.S. The permit is insufficient to handle for -hire transportation requiring specific authority under Title 40, Articles 10, 11, or 16, C.R.S. Full compliance with the laws of the State of Colorado and with the Rules and Regulations of this Commission Governing Towing Carriers is required under this permit. This Certificate of Registration is continuous until canceled or revoked. Activation Date: September 3, 2009. WITNESS MY HAND AND THE SEAL OF THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO jar'04V.,r DOUG DEAN DIRECTOR Customer Service 800 - 444 -4487 800 -556 -0014 (fax) Mailing address Progressive P.O. Box 94739 Cleveland, OH 44101 -4739 Wednesday, December 02, 2009 4:36:04 PM Total Number of Pages -02 Requested policy documents To: rodolfo Fax number: 1- 970 - 748 -4078 Message: Certificate of insurance for 04388190 -6 EAGLE INSURANCE AGCY PO BOX 3008 EAGLE, CO 81631 970 -328 -5700 Certificate of Insurance certYkate Holder Insured .............................................................. RODOLFO NEVAREZ .......... R.. ODO.. ..LF...O . "N' EV... A.. R.EZ .. PO BOX 2594 AMIGO TOWING AVON, CO 81620 PO BOX 2594 AVON, CO 81620 Policy number. 04388190 -6 Underwritten by: United Financial Casualty Company December 2, 2009 Page 1 of 1 AlpM .............................. ............................... EAGLE INSURANCE AGCY PO BOX 3008 EAGLE, COB 1631 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Jul 10, 2009 Policy Expiration Dane: Jul 10, 2010 Insurance coverago(s) Limits ........................... ...................................... ............................... ..._................ . Bodily Injury/Property Damage $1,000,000 Combined Single Limit Description of Location/Vehides/Spedal Items Scheduled autos only ................................................................................................................................. ............................... 1998 INTERNATIONAL CAR CARRIER 1HTSCAAM6WH549979 Medical Payments $5,000 On -Hook Towing Liability $50,000 w /$500 Ded Certificate number 33609SLU190 Please be advised that the certificate holder will not be notified in the event of a mid -term cancellation. Farm 5241 (10)02) Jo c�d�e / /at ho loLacnc uctiqc aPpl(C&ka-K- hcose- �ppl��u -cove C,,nc,-( fe <,, ao F f �tnI q,�o - iu ;, - �1-7-5 � - ir. wa,:kl yo �s so s +"-v- a rya L � S �-�- Co M �-, ')- (q +- a I:.3 C O L O R A D O January 4, 2010 Amigo Towing Mr. Rodolfo Nevarez P.O. Box 2594 Avon, CO 81620 LV-PhjL DL* Q) Post Office Box 975 One Lake Street Avon... a smoke free community Avon, Colorado 81620 RE: Town of Avon Vehicle Impoundment License Application Dear Mr. Nevarez: 970 - 748 -4000 970 - 949 -9139 Fax Relay recognized www.avon.org The Town of Avon Police Department has reviewed your vehicle impoundment application for Amigo Towing dated December 3, 2009. The review process of the application is outlined in the Town's Ordinance No. 09 -10, Series of 2009 (copy attached), with the requirements outlined under Section 5.12.030 License - Application- Investigation, as follows: "That the applicant is a fit and proper person to conduct or work in the proposed business, and has not been convicted of theft or embezzlement, or any offense involving the unlawful use, taking or conversion of a vehicle belonging to another person, or if the applicant is a corporation, that its officers, directors and principal stockholders are of good character and of good business repute and have not been convicted of theft or embezzlement, or any offense involving the unlawful use, taking or conversion of a vehicle belonging to another person ". Upon receipt of your application on 12/1/09 and fee on 12/3/09 (note the $400 application fee is nonrefundable), the application materials were forwarded to the Avon Police Department who is responsible for conducting the investigation and criminal background checks. The background check produced information on your background that did not meet the required criteria (as described above). The Avon Police Department therefore recommended denial of a vehicle impoundment license for Amigo Towing (please see the attached recommendation from the Avon Police Department). Based on the recommendation from the "APD ", I am hereby denying your application. As the applicant for a wrecker or parking enforcement /towing company license, you may appeal this decision made by the Town to deny the license to the Avon Town Council. Your request for appeal must be provided in writing to the Town Clerk's Office within 10 days of the date of the denial of the license application. Upon receipt of your appeal of the Town Clerk's decision to deny a wrecker or parking enforcement company application, the Avon Town Council shall consider an appeal within 35 days of receipt of a proper and timely written request to appeal the denial decision. The decision of the Town Council shall be final. These guidelines are outlined in the attached Ordinance No. 09 -10, Section 5.12.040 and the deadline dates are proposed below: Date of the Denial of the Application: January 8, 2010 Appeal Request due within 10 days of the date of the denial: January 18, 2010 Town Council review within 35 days of receipt of appeal To Be Determined if Filed further questions, please feel free to contact me at 970 - 748 -4035. r, Management Services cc: Avon PDfffe Department, Town Attorney Attachments: Ordinance No. 09 -10, Amigo Towing Application Catherine Haynes From: Catherine Haynes Sent: Monday, January 11, 2010 3:37 PM To: Iamigonev @hotmail.com' Subject: Town of Avon Vehicle Impoundment License Application Attachments: Scan001.PDF Dear Mr Nevarez: Please see attached copy of a letter regarding your towing license. The original will follow in the mail. Please let me know if you have any questions. Thanks Catherine Catherine Haynes Deputy Town Clerk/ HR Assistant P 970 - 748 -4025 F 970 - 748 -4078 One Lake Street, PO Box 975 Avon, CO 81620 1 AMIGOS UNIDOS To whom it may concern: In two- thousand and seven four friends had the idea of building a none -profit corporation that could help the people of Eagle County in different ways like, medical bills, rent, school supplies, toys for the children during Christmas time, so it begin we were able to jump start a corporation called Amigos Unidos , it was very difficult because none of us had the idea of how to do it, but we had one friend his name Rodolfo Nevarez a known business men in Eagle County for some time so we came to him for advice and can proudly tell you that Mr. Nevarez was the turn key for our new adventure, since we were able to come further than just collecting founds for our none -profit organization but we were able to create several sports tournaments that relive the stress of day to day routine for some of us in this county, I could defiantly emphasize that we couldn't done it without the excellent help and advice of Rodolfo Nevarez we highly tank him for his advice and support. is r�lEagle River Village P.O. Box 363 Edwards, CO 81632 Ph: (970) 926 -3754 To whom it may concern, Mr. Rodolfo Nevarez owner of Amigo Towing currently has the towing contract for Eagle River Village MHC, 32700 Hwy 6, Edwards, CO 81632. Amigo Towing has had the towing contract since 2005 to present. If you have any questions or need any further information please call 970 - 926 -3754. Thank you r Charlie Fickle, Manager Eagle River Village, MHC Valley Automotive &Tire To whom it may concern : We at Valley Automotive & Tire have been in business for quite some time, during this time we have seen different businesses come and go ,but let me tell you about a specific business that is important to us ,Amigo Towing under the direction of Rodolfo Nevarez ,this company not only provides an excellent service to our customers but he also refers his customers to us in need of mechanical repairs ,during this though times we calculate that Amigo Towing has brought about ten percent of our customers to our during the past ten years and that's what we call good business relations ,and for this reason we at Valley Automotive and Tire consider that Amiga Towing is a great asset to our company. If you have any more questions please feel free to call me Terry Kausch president of Valley Automotive & Tire at (970)949 -4700. Tank Yo � I Terry Kausc NRC-i3roacicasting, Inc. To whom it may concern: NRC Broadcasting has been grateful for the support and hard work Rudy Nevarez has given our radio station La Nueva Mix. Rudy is an incredibly hard worker who is someone we can always count on to help with our live events and daily functions at the radio station. I would be happy to endorse Rudy Nevarez. Feel free to call me for a reference. Best, Jeff Chizmadia NRC Broadcasting (970) 949 -0140 ext 213 Lenny Ammaturo Rich's Auto Body 120 Metcalf Rd Avon, CO 81620 January 25, 2010 To Whom It May Concern: I have worked with Rodolfo Nevarez and his company Amigo towing for about 10 years. In this time, he has provided excellent customer service to our customers who have needed his towing services. He has called them promptly and has picked up and delivered their cars as promised without overcharging them. I would recommend him to anyone in the Vail Valley needing excellent towing service. Sincerely, � r Lenny Ammaturo Owner 970.949.1868 PO Box 3035 Avon, CO 81620 (970) 949 -7916 (970) 949 -0112 fax To Whom It May Concern: / LIP TVIEW info @liftviewcondos.com Wednesday, February 03, 2010 Rudy Nevarez of Amigo Towing has been servicing LiftView for the past four years. During these four years, we have never had any towing related issues and Rudy has always been very honest and reliable. Please contact me if you have any further questions. LiftView Manager 970 - 949 -7916 E)CVL�+ -� TOWN OF AVON, COLORADO ORDINANCE NO. 09-10 SERIES OF 2009 ADOPTING REGULATIONS FOR BOOTING VEHICLES ON PRIVATE PROPERTY THROUGH THE REPEAL AND REEACTMENT OF CHAPTER 5.12 OF THE AVON MUNICIPAL CODE AND ADOPTING PENALTIES FOR VIOLATIONS WHEREAS, private property owners within the Town desire to hire private parking enforcement companies to enforce their parking regulations; and WHEREAS, such enforcement methods include, but are not limited to, the placement of an immobilizing device, commonly known as a "Denver Boot ", on the wheel of a vehicle ( "booting "); and WHEREAS, the use of booting by private parking enforcement companies is not currently regulated by the State of Colorado and the District Attorney for the Fifth Judicial District in the State of Colorado has issued an advisory opinion that booting of a vehicle by a private party without the consent of the vehicle owner constitutes Second Degree Criminal Tampering pursuant to C.R.S. §18 -4 -506 and criminal motor vehicle tampering pursuant to C.R.S. §42 -5 -03; and WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule powers of the Town of Avon (the "Town'), the Town Council has the power to adopt ordinances for promotion and preservation of public health, safety, and welfare, including the authority to regulate parking enforcement companies that immobilize and boot motor vehicles without the consent of the owner of the motor vehicle within the municipal limits of the Town; and WHEREAS, booting companies perform a function similar to that of commercial towing companies and the Town desires to hold booting companies to standards similar to commercial towing companies; and WHEREAS, the Town Council finds that enactment of regulations that license and permit parking enforcement companies and permit the limited use of immobilization and booting of motor vehicles will enhance the ability of private property owners to enforce parking regulations on their property, which will thereby improve the function of private parking areas and compliance with parking requirements for developed properties as approved and regulated by the Town under the Town's land use regulations, and therefore the Town Council finds that passage of this Ordinance will promote and preserve the health, safety and welfare of the Avon community; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: SECTION 1. RECITALS INCORPORATED. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. SECTION 2. ENACTED. Chapter 5.12 of the Town of Avon Municipal Code is hereby repealed in its entirety and re- enacted to read as follows: CHAPTER 5.12 Vehicle Impoundment 5.12.010 Definitions. As used in this Chapter, the following words and terms shall be defined as follows: Boot or Booting means to place any immobilization device upon a motor vehicle not registered to the person or company placing the immobilization device, for purposes of parking violation enforcement. Chief means the Chief of Police of the Town, or his or her designee or designees. Operator means any person operating a towing vehicle or applying an immobilization device. Normal business hours means 8:00 AM to 5:00 PM, Monday through Friday, excluding holidays recognized by the Town of Avon. Parking enforcement company means any person, operator, property owner, property manager or company who immobilizes or boots a vehicle for the purpose of enforcing private property parking rules or otherwise protecting private property from trespass by a vehicle. Towing list means a list maintained by the Police Department containing the names of those wreckers licensed by the Town who are to be requested by the Police Department to respond to the scene of accidents or emergencies involving vehicles. Towing vehicle means any vehicle used by a wrecker for the towing or transporting of other vehicles (or other property) in the course of his or her business. Town manager means the Town Manager of the Town of Avon and his or her designee or designees. Wrecker means a person or company engaged in the business of, or offering the services of, a vehicle wrecker or towing service, whereby motor vehicles are or may be towed or otherwise removed from one place to another by the use of a motor vehicle adapted to and designed for that purpose. 5.12.020 License — application — fee. Page 2 of 12 Booting Regulations 6 -1 -09 (a) No wrecker shall have his or her name included on the towing list of the Town and be requested by the Police Department to respond to the scene of an accident or emergency for the purpose of towing a vehicle without first having obtained a license from the Town Clerk. (b) No parking enforcement company desiring to boot vehicles within the Town of Avon may engage in booting operations without first having obtained a license from the Town Clerk. (c) Any license application for a wrecker or parking enforcement company, other than a renewal thereof, shall be accompanied by a nonrefundable application fee in the amount of four hundred dollars ($400.00). All applications for licenses, including renewal, shall be made upon forms provided by the Town Clerk. The wrecker or private enforcement company license application fee shall also serve as the business license fee for the Town of Avon. Any wrecker or parking enforcement company that has paid a business license fee and that has been issued a business license by the Town of Avon on or prior to May 1, 2009 which is in good standing and has not expired, shall not be required to submit a license application fee in order to obtain a license in accordance with the provisions of this Chapter 5.12 but shall be subject to the renewal provision set forth herein. (d) An applicant for a parking enforcement company license that is a corporation, partnership, association, firm or other business entity shall include verification that the person designated on the application is authorized to represent such business entity and hold the wrecker or parking enforcement license on behalf of the business entity. 5.12.030 License — application — investigation. Upon receipt of a license application and application fee under Section 5.12.020, the Town Clerk shall forward the application to the Chief, who shall conduct such investigation and criminal background check as is necessary to determine: (a) That the applicant is a fit and proper person to conduct or work in the proposed business, and has not been convicted of theft or embezzlement, any offense involving the unlawful use, taking or conversion of a vehicle belonging to another person, or a felony, or if the applicant is a corporation, that its officers, directors and principal stockholders are of good character and of good business repute and have not been convicted of theft or embezzlement, any offense involving the unlawful use, taking or conversion of a vehicle belonging to another person, or a felony; (b) That a wrecker applicant has received and has currently in force a permit to operate as a towing carrier from the Colorado Public Utilities Commission. The failure of a wrecker to maintain a valid permit from the Public Utilities Commission shall be grounds for denial of a license, or, if a license is in effect at Page 3 of 12 Booting Regulations 6 -1 -09 the time, shall be grounds for revocation or suspension of the license as provided in Section 5.12.090; (c) That the wrecker or parking enforcement company has adequate, safe equipment and an adequate recordkeeping system and can otherwise comply with the rules and regulations promulgated by the Chief as provided in Section 5.12.080; and (d) That the wrecker has currently in force public liability and property damage insurance or surety bond providing coverage sufficient to meet the requirements of the rules and regulations of the Colorado Public Utilities Commission governing towing carriers; that the parking enforcement company has public liability and property damage insurance or surety bond providing coverage of at least $1,000,000.00 per occurrence. 5.12.040 License — application — decision - appeal. The Chief shall return the application form to the Town Clerk within fifteen (15) days together with his or her recommendation for the grant or denial of the license. The Chief shall state the reasons for a recommendation of denial. The Town Clerk shall then grant or deny the license as the circumstances warrant. The applicant for a wrecker or parking enforcement company license may appeal a decision by the Town Clerk to deny a license to the Town Council. A request for appeal shall be provided in writing to the Town Clerk within ten (10) days of the date of denial of the license application. The Town Council shall consider an appeal of the Town Clerk's decision to deny a wrecker or parking enforcement company application within thirty five (35) days of receipt of a proper and timely written request to appeal a denial decision. The decision of the Town Council shall be final. 5.12.050 License — grounds for denial, suspension or revocation. It shall be grounds for denial, suspension or revocation of a wrecker or parking enforcement company license for any person to knowingly provide false information to the Town Clerk or to the Chief in or in conjunction with an application for a license. 5.12.060 License — annual renewal fee. The annual license renewal fee for a wrecker or parking enforcement company shall be one hundred fifty dollars ($150.00) due upon the anniversary of the date of issuance of the business license for such wrecker or parking enforcement company. 5.12.070 License may not be required — emergencies. Page 4 of 12 Booting Regulations 6 -1 -09 The Chief may permit wreckers not licensed by the Town to be called by the Police Department to the scene of disasters, accidents or other emergencies when, in the opinion of the Chief, the public health, safety and welfare require that such action be taken. 5.12.080 Rules and regulations. The Chief shall, within seven (7) days after the enactment of the ordinance codified in this Chapter, set forth in writing such rules and regulations governing the conduct of wreckers or parking enforcement company as are deemed necessary to ensure the inhabitants of and other persons within the Town safe, efficient and dependable towing or parking enforcement service. These rules shall include, but not be limited to, the following: (a) Equipment. The Chief shall specify equipment at least the equivalent of that required by the rules and regulations of the Colorado Public Utilities Commission governing towing carriers for wreckers and such other necessary equipment as determined by the Chief. Parking enforcement company vehicles are required to be clearly marked with the business name and Avon license number and must have a blinking amber light on the top of or above the vehicle when engaged in booting operations and the operators are required to wear reflective traffic safety vests. (b) Records. The Chief shall require sufficient record keeping to ensure compliance with the terms of this Chapter and the rules and regulations as promulgated. (c) Personnel. The rules shall specify such steps as are necessary to determine that the operators and employees of the wrecker or parking enforcement company are of good character and otherwise fit to participate in towing or booting operations within the Town, which shall be determined according to the same standards for applicants set forth in 5.12.030 above. Employees engaged in parking enforcement shall display a picture identification card containing: the employee's picture, the employee's name, the employer's name, and the Avon business license number. (d) Rates. Rates shall be determined by the following procedures and requirements: (1) A schedule of reasonable rates to be charged by wreckers operating on the Town's towing list shall be established by the Town Manager and it is unlawful for any wrecker to charge rates other than as set forth in said schedule whenever such wrecker provides towing service in response to a call from the Police Department. The schedule of rates shall be set forth as a part of the rules and regulations governing wreckers provided that such rates shall not be less than the permissible rates published by the Public Utilities Commission as may be Page 5 of 12 Booting Regulations 6 -1 -09 amended from time to time. The Town Manager shall annually review the rate schedule to determine its adequacy and appropriateness and shall make such changes as he or she deems necessary. In setting or revising rates, the Town Manager shall give consideration to the rates charged for similar services in the County. The rate schedule as set forth in the rules and regulations shall not apply to towing services conducted by a wrecker when his or her services are not rendered as a result of a request by the Police Department. (2) A wrecker shall not charge rates higher than what is allowed by the Colorado Public Utilities Commission for non - consensual tows. A parking enforcement company shall not charge a boot removal fee higher than seventy -five percent (75 %) of the rate allowed by the Colorado Public Utilities Commission for the non - consensual tow of a motor vehicle with a GVWR of less than 10,000 pounds when requested to remove the boot. (3) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle that is parked without the authorization of the property owner attempts to retrieve the motor vehicle while the wrecker or booting operator is still with the vehicle, a "drop charge" shall not be higher than what is established by the Colorado Public Utilities Commission. (4) There shall not be any boot removal fee assessed if the boot cannot be removed within ninety (90) minutes from the time of the request for removal by the vehicle owner or vehicle owner's designee. Any dispute regarding the time frame proscribed herein may be refuted based on the phone records for the parking enforcement company. A boot applied at the direction of a Town of Avon police officer shall be released at the direction of a Town of Avon police officer. (e) Authority of Chief. The Chief shall from time to time formulate, publish and promulgate such other rules and regulations as are reasonably necessary to effectuate the purpose of this Chapter, including, but not limited to the type of security required at the vehicle storage location, the hours during which the vehicle storage location will be open for the redemption of vehicles by their owners, the persons to whom towed vehicles may be released and the procedures to be followed in connection with the release of towed vehicles and the payment of fines, towing fees and storage charges. Any rules and regulations promulgated by the Chief shall not conflict with or materially change any provision of this Chapter 5.12. The Chief may initiate a request for proposal and select a designated wrecker service or parking enforcement company to provide service for police requested impounds. The Chief shall post notice of any proposed rules in the official places of posting notices adopted by the Town, shall post notice on the Town's website, and shall mail notice to all licensed wrecking and parking enforcement companies at least twenty (20) days prior to adoption of such proposed rule or regulation by the Chief and the Chief shall consider all comments received on the proposed rules and regulations prior to taking any Page 6 of 12 Booting Regulations 6 -1 -09 action to adopt the proposed rules and regulations. The Chief shall provide written notice of adoption of any rules and regulations to all persons who provide comments in writing along with a copy of the adopted rules or regulations and a statement that persons with standing (defined as residents, property owners or business owners in Avon) may appeal the decision to adopt the rule or regulation to the Town Council. Any person with standing may appeal the decision of the Chief to adopt a rule or regulation by providing a request to appeal the decision in writing to the Town Clerk within ten (10) days of the date of adoption of the rule or regulation by the Chief. Failure to provide a request (defined as received by the Town) to appeal a rule or regulation adopted by the Chief within ten (10) days shall be deemed a forfeiture and waiver of all rights to appeal such decision to the Town Council. The Town Council shall consider all appeals of the decision of the Chief to adopt a rule or regulation which are properly and timely provided to the Town and Town Council's action shall be final. During the pendency of an appeal, the proposed rule or regulation shall not take effect. 5.12.090 Suspension or revocation — procedure. Upon a showing that a wrecker or parking enforcement company has violated the provisions of this Chapter, a Hearing Officer's order or the rules and regulations provided for in Section 5.12.080, the Town Council may suspend for a period of up to six (6) months or revoke the license of any wrecker or parking enforcement company. Prior to taking any action to suspend or revoke a wrecker or parking enforcement company license, the Town shall provide at least ten (10) days prior written notice to the licensee stating the grounds and allegations for any action to suspend or revoke a license and the Town Council shall conduct a hearing thereon. Service of the notice shall be by personal service upon the wrecker or parking enforcement company or his or her agent or by registered mail, return receipt requested, sent to the business address of the operator as shown on his or her license. The decision of the Town Council shall be final. 5.12.100 Written authorization to tow /immobilize — required — exceptions. No wrecker or parking enforcement company licensed by the Town and no operator shall commence or originate the towing or immobilization of a vehicle within the Town without the written consent of the registered owner, legal owner, person in control, driver or the authorized agent of any of them, or other person having a legal right to possession of the vehicle, or from a police officer, save and except under the following circumstances: (a) A tow which is otherwise lawful may be commenced or originated by a person engaged in the business of towing vehicles provided that such person notifies the Police Department of the Town within thirty (30) minutes of the tow. Such notification shall include a description of the vehicle to be towed, the license plate and VIN number if legible, the time of the tow, the destination of the tow and the reason for which the vehicle is being towed. Page 7 of 12 Booting Regulations 6 -1 -09 (b) The owner or person in lawful possession of private property, or the agent or employee of either of them, may give written consent to have a parked vehicle towed from such property when the vehicle is parked or obstructing a private driveway or is on private property, without the express or implied consent of the owner or person in lawful control of such a vehicle and shall comply with the requirements of Subsection (a) of this Section 5.12.100 relating to notification of the Police Department when the vehicle is towed. (c) The owner or person in lawful possession of private property, or the agent or employee of either of them, shall give written consent to a parking enforcement company to immobilize vehicles for the purpose of parking violation enforcement without the express or implied consent of the owner or person in lawful control of such vehicle. The consent shall list the specific enforcement that is required and the procedure to determine that a violation has occurred. A copy of the written consent shall be given to the police department. Parking enforcement companies and owners or persons in lawful possession of private property shall not boot or immobilize vehicles on the basis of expired license plates. The parking enforcement company operator shall maintain a daily log of the cars that are booted by license plate, VIN number if legible, location, date and time and provide that log to the Avon Police Department before the end of the business day following immobilization of a vehicle during normal business hours. (d) Private parking lots which contain one (1) or more parking spaces and for which the property owner or designee use booting or towing of vehicles for parking enforcement shall post a conspicuous sign on the property. Such sign will provide notice, with reflective background, that unauthorized vehicles will be booted or towed, and shall comply with the adopted rules and regulations for signage. 5.12.110 Written notice of tow /immobilize — rates and hours. (a) Notwithstanding any other provision of this Chapter, a licensed wrecker shall receive a written authorization from the person authorizing a tow, prior to the commencement of a tow originating within the Town, which authorization shall list the services offered and the rates and charges required therefore. A copy of such authorization shall be furnished to the person authorizing the tow. Such copy shall list the name, address and telephone number of the wrecker's business and the days and hours the business is open for the release of vehicles. Such copy shall also be signed by the towing vehicle operator performing the authorized service. (b) After a boot is placed on any vehicle, the parking enforcement company shall: (1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner containing the name, address, telephone number, and license number of the Page 8 of 12 Booting Regulations 6 -1 -09 parking enforcement company that placed the boot on the vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes of contacting the parking enforcement company, the name of the property owner or manager authorizing the boot, the signature of the parking enforcement company operator or designee, and a description of the right to request a post - seizure hearing under this Chapter 5.12; (2) Maintain personnel authorized to remove any boot and release any vehicle to its owner or driver upon the payment of any boot removal fee during such times as required in this Chapter; and, (3) Provide a receipt upon payment to the individual making the payment for removal of the boot or release of the vehicle, listing the fees and advisement of the right to request a post - seizure hearing for vehicle immobilization per 5.12.120. (c) A parking enforcement company or wrecker shall not charge fees in excess of the fees as listed in the fee schedule for booting or towing a vehicle. (d) A parking enforcement company or wrecker shall not charge any fee related to the impoundment of a vehicle that is not listed in the fee schedule. (e) Charges for damages to booting equipment shall not be governed by this section and shall not prevent the vehicle's release if scheduled fees are satisfied. Damages or loss to parking enforcement equipment will be investigated using other municipal and state statutes related to theft or criminal injury to property. (f) The Town is authorized to audit the fees charged by a parking enforcement company or wrecker licensed to do business in the Town of Avon upon reasonable notice and at reasonable times for the purpose of verifying compliance with this Chapter 5.12. 5.12.120 Postseizure hearing. (a) The owner of a vehicle that has been immobilized pursuant to this article has a right to a "post- seizure" administrative hearing in accordance with this Section 5.12.120 to determine whether there was probable cause to impound the vehicle. (1) The hearing shall be petitioned and conducted in the same manner as outlined in Title 10 of the Avon Municipal Code. (2) The parking enforcement company shall have the burden to establish that there was probable cause to impound or immobilize the vehicle. (3) The losing party shall be assessed a minimum hearing cost of one hundred dollars ($100.00) and shall be required to pay for translation services, if used during the hearing. The Hearing Officer has the discretion to waive court costs. Page 9 of 12 Booting Regulations 6 -1 -09 (b) When a vehicle is immobilized by a parking enforcement company the vehicle owner or driver shall be informed of their right to a post - seizure hearing with the following written statement: The vehicle was booted by the property owner for a private property parking violation as outlined in Avon Municipal Code, Title 5. The Town of Avon was not involved in the action. The owner or operator of the vehicle may request a hearing by one of the following methods: (1) by providing a written request to the Municipal Court Clerk for a post - seizure hearing to contest the booting within ten (10) days of the date the vehicle was booted; or (2) by appearing in person at the Municipal Court within a ten (10) calendar day period from the date on which the boot was placed on the vehicle and requesting an initial appearance before a Hearing Officer. 5.12.130 Expired License Plate It shall be unlawful for a parking enforcement company to boot or immobilize a vehicle on the basis of an expired license plate. 5.12.140 Compliance required. It shall be unlawful for any private property owner or designee to immobilize any motor vehicle that is trespassing or infringing upon the real property rights of that property owner without complying with this Chapter 5.12 and upon conviction thereof shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of Section 1.08.010 of this Code. SECTION 3. CODIFICATION AMENDMENTS. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance, such corrections may include spelling, reference, citation, enumeration, and grammatical errors. SECTION 4. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, Page 10 of 12 Booting Regulations 6 -1 -09 subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 6. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 7. NO EXISTING VIOLATION AFFECTED. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right and for the enforcement of such penalty, liability, or right and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits or proceedings, or prosecutions imposing, inflicting or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings and appeals pending before any court or administrative tribunal. SECTION 8. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder of page intentional left blank —signature page follows] Page 11 of 12 Booting Regulations 6 -1 -09 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the 23rd day of June, 2009, at the Council Chambers of the Avon Municipal Building, located at 400 Benchmark Road, Avon, Colorado, on the 9th aa of June, 2009. Ronald C. Wolfe, Mayor Published by posting in ee public places in Town and posting at the office of the Town Clerk at least seven s M. action by the Town Council. �o ATTEST: APPROVED AS TO FORM: Pa c envy, T Eric Heil, Town A orney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 23rd day of June, 2009. Ronald C. Wolfe, Mayor Published by postin min at least three public places in Town and posting by title at the office of the To ?� AT i7T. t ,` Page 12 of 12 Booting Regulations 6 -1 -09 Memo To Honorable Mayor and Town Council I it ti Is Thru: Sally Vecchio, Asst Town Manager/ Comm Deve From: William Grey, Building Official Date: January 21, 2010 Re: Adoption of the 2009 International Building Codes Summary This is the Council's first reading of Ordinance No 10 -02 Adopting the 2009 International Building Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its Entirety (Exhibit A), Background The Town currently administers the 2003 International Building Code (IBC), with certain exclusions. The 2009 revisions to the IBC were published last year and staff is recommending adoption of the new regulations as written with the exception that the requirement to install automatic sprinkler systems in single family and duplex homes be put off until January 1, 2012. Below is a summary of the significant revisions in the 2009 IBC. The 2009 International Building Code; covering all structures with the exception of, the One -and Two - Family dwellings and townhouses not more than three stories above grade and their accessory structures. 1. 410 total changes, 279 are house keeping and clarifications and various structural changes. 131 new additions to the code, 2. Additions to high rise buildings for elevators ingress, egress, fire proofing, fire ratings etc. 3. Live /work units, maximum of 3,000 square feet. Non residential area is permitted to be a maximurn 50%of the area of each live /work unit. The nonresidential area function shall be limited to the first or main floor only of the live /work unit. A maximum of five nonresidential workers or employees are allowed to occupy the nonresidential area at any one time. May be built as an R3 occupancy. The 2009 International Residential Code; covering One- and Two — Family dwellings and townhouses not more than three stories above grade and their accessory structures. 1. 8302.3 Two- family dwellings ( duplex) reduction in the rating of the `party wall from 1 hr to % hr when automatic sprinkler system is installed. 2. R313 Automatic Fire Sprinkler Systems. 313.1 An automatic fire sprinkler system shall be installed in Townhouses. Defined as : " A single family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on at least two sides" 3. Exception to 313, 1, not required when additions or alterations are made to existing townhouses that do not have a automatic residential fire sprinkler system. 4. 8313.2 One -and two family dwellings automatic fire system. Effective January 1, 2011, an automatic residential fire sprinkler system shall be installed in one -and tow family dwellings. Avon (like Eagle County) will push the effective date off to January 1, 2012 5. Exception to 313.2 not required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. 6. Systems shall be designed in accordance with new section in the residential code, P2904 or NFPA (National Fire Protection Association) 13 D. 7. Seismic design category is now 17 B a change from category C. New tables with in the code. 8. Annual mean temp is now 40 degrees F. • The 2009 international Energy Conservation Code; emphasizing both prescriptive and performance- related provisions for both commercial and residential buildings. 1. Change in Climate Zone from 15 to 6 B for Eagle County 2. New Table 402.1.1 Insulation and fenestration requirements by components. The 2009 International Plumbing Code; covers the initial design of the plumbing system, the installation and construction of plumbing systems and the maintenance of operating systems, 1. Nothing major, house keeping and clarifications. The 2009 International Mechanical Code; covers the initial design of mechanical systems through the installation and construction phases and into the maintenance of operation systems. 1. Reduction to ventilation rates in enclosed parking garages. 2. Major change to 403.3 Table for ventilation rates. New default occupant density per 9,000 sq ft and new exhaust airflow rate now in table. Ventilation rates haven revised and new variables for use in the equations to determine the minimum outdoor air intake flow rate have been added. The 2009 International Fuel Gas Code; contains all code coverage for fuel -gas related installations coordinates with the full family of the International Codes. 1. House keeping changes to definitions for Gas utilization Equipment deleted. 2. Grounding requirements for CSST pipe.( corrugated stainless steel tubing) 3. Appliances in attics must provide access large enough to allow the removal of the appliance as supposed to the largest appliance component_ 4. 491.9.3.9 allows for connector to pass through floors and walls but will need a shut of upstream of the connector. The 2009 International Fire Code: addresses conditions hazardous to life and property arising from fire, explosion, hazardous materials storage, handling or use and the use and occupancy of buildings and premises. Both improved prescriptive and performance - based code regulations for the safeguard of public health and safety. Compatible with the family of the International Codes. 1. 87 changes, 37 new additions to the code, 50 clarifications and house keeping along with new definitions. 2. Section 102.5 clarifies issues between the iFC and the IRC. 3. Section 905.4.1 allows for phased approval and permits construction to proceed while the design is still being done. 4. Section 307.4.3 allows for the use of "portable outdoor fireplaces because of the wide spread availability. 5. Section 403.3 Crowd manager, create the need for crowd managers when indoor or outdoor events with attendees greater than 1,000. Requires crowd managers to be trained employees with responsibilities to control and direct the occupants in a safe manner during emergencies. 6. Section 044.3.3 - -- .3.31 --- .3.3.2 --- .3.3.3 and 406.3.3 Establish requirements for the development and implementation of lockdown plans. Controls and confirms that the level of life safety inside of the building is not reduced or compromised and that the event is done in accordance with an approved plan. Provides for how the incident will be recalled so conditions can be returned to normal activities. More.... 7. Section 510 apx. J Emergency responder radio coverage. New provisions that address requirements for in- building coverage of emergency responder radios. Mostly for large area buildings and high rise buildings. 8. Section 603.4.2 through 603.4.2.3 Portable gas fired outdoor heating appliances, patio heaters" stipulates permissible and prohibited locations, listings and maintenance of these appliances. 9. Section 805.4 through 805.4.2.3 Group R2 college and university dormitories. Regulates upholstered furniture and mattresses in college dorms. 10. Others. • The 2009 International Existing Building Code, applies to repair, alteration change of occupancy addition and relocation of existing buildings. The necessity of upgrades and improvements is determined by the type and extent of the work, not the expense. 1. Nothing major. 2009 International Property Maintenance Code, Key components of this code provides a safe means of egress, prevents hazardous structural conditions and reduces health hazards by providing a clean and sanitary environment. Works with others in the family of International Codes particularly the 2009 International Fire Code. 1. Section 108.1.5 Dangerous structure or premises. New section providing a list of conditions that establish an important baseline to utilize when evaluating a structure. This will help the jurisdiction more clearly define a dangerous structure or building but is in no way the only way to determine such issues. 2. Section 108.2.1 Authority to disconnect services utilities. Used as a means to regulate unsafe structures. Was always in the Building code but is now part of this code. 3. Section 108.6 Abatement methods. Makes it clear that the owner, operator or occupant is the party responsible to take action to abate hazardous systems or conditions. Now includes the operator and occupant as responsible. 4. Section 108.7 Record. requires a report to be filed on each investigation of unsafe conditions, stating the occupancy and the nature of the unsafe condition. This report provides a basis for the written notice of violation. We have always done this. 5. Lather sections that are new cover public toilets, grease interceptors and the continued maintenance. How to board Lip a structure, etc. 2008 National Electrical Code. This code changes on a different time line from the International codes and the new edition will need to be adopted when it comes out usually adopted by the State on July 1. then we follow asap. Recommendation: Staff recommends Council acceptance of the first reading of Ordinance No 10 -20 Adopting the 2009 International Building Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its Entirety Town Manager Comments: Exhibits A. Ordinance No 10 -20 Adopting the 2009 International Building Code by Reference and Repealing and Reenacting Title 15 of the Avon Municipal Code in its Entirety TOWN OF AVON, COLORADO ORDINANCE NO. 10 -02 SERIES OF 2010 AN ORDINANCE ADOPTING THE 2009 INTERNATIONAL BUILDING CODE BY REFERENCE AND REPEALING AND REENACTING TITLE 15 OF THE AVON MUNICIPAL CODE IN ITS ENTIRETY WHEREAS, pursuant to C.R.S. §31 -15 -103, §31 -15 -104, and §31 -20 -1.05 and pursuant to the home rule powers of the Town of Avon ( "Town "), the Town Council has the power to adopt building; code regulations, to provide penalties for violations of adopted building codes, to elect to collect delinquent charges and assessments by certifying such amounts to the Eagle County treasurer, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town Council finds that the adoption of the 2009 International Building Codes will improve the standards for construction and maintenance of buildings and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, the Town Council desires to adopt the 2009 International Building Codes by reference with certain arnendnients as described in this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended g& to confirm that the Town Council desires to comply the requirements of the Avon Horne Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN _ OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and detenninations of the Town Council. Section 2. Repealed. Avon Municipal Code Chapters 1.5,08, 15.09, 15.12, 15.20, 15.24, 15.32, 15.36, 15.40, 15.44, and 15.50 are hereby repealed in their entirety. Section 3. New Code Sections Enacted. Avon Municipal Code Chapters 15.02, 15.04, l 5.06, 15.08, 15.10, 15.12, 15.14, 15.16, 15.18 are hereby enacted to read as follows: Chapter 15.02 Definitions Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 1 of 39 Chapter 1.5.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations 15.04.020 Penalties 15.04.030 Stop Work Orders 15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance Chapter 15.06 Board of Appeals 15.06.010 Appeals to Town Council 15.06.020 Limitations on Authority Chappter 15.08 International Building Code 15.08.010 Adoption 15.08.020 Additions or Modifications 15.08.030 Section 104 — Duties and Powers of the Building Official 15.08.035 Section 10.5 -- Permits 15.08.036 Section 106 — Floor and Roof Design Loads 15.08.040 Section 107.2.5 — Site Plan 15.08.050 Section 109 — Fees 15.08.060 Section 110 — Inspections 15.08.070 Section 111 — Certificate of Occupancy 15.08.080 Section 113 — Board of Appeals 15.08.090 Section 115 —Stop Work Order 15.08. 1_00 Section 501.2 — Premises Identification 15.08.110 Section 1204 — Temperature Control 15.08.120 Section 1603.2 — Ground Snow Loads Boulder Walls 15.08.125 Section 1608.2 — Boulder Walls 15.08.130 Section 1704 — Special Inspections 15.08.140 Section 1809.5 — Frost Protection 15.08.150 Chapter 30 — Elevators and Conveying Systems 15.08.160 Appendix J — Grading 15.08.300 Violation 15.083 10 Penalty 15.08.320 Repeal. 15.08.330 Validity Chapter 15.09 International Residential Code 15.09.010 Adoption 15.09.020 Additions or Modifications 15.09.030 Section 8104 — Duties and Powers of the Building Official 15.09.040 Section R105 — Permits 15.09.050 Section R106.2 — Site Plan 15.09.060 Section R108 — Fees 15.09.070 Section R109 — Inspections 15.09.080 Section R 110 —Certificate of Occupancy 15.09.090 Section R112 — Board of Appeals 15.09. 100 Section RI 14.1 — Stop Work Order 15.09.110 Table 8301.2(1) — Climatic and Geographic Design Criteria 15.09.115 Section R313 — Automatic Fire - Sprinkler Systems 15.09.120 Section R319 — Premises Identification 15.09.140 Section 8403.1.4 — Minimum Depth Ord t0 -02 Adopting 2009 IBC 2 -9 -10 Pare 2 of 39 15.09.300 Violation 15.09.3 10 Penalty 15.09.320 Repeal 15.09.330 Validity Chapter 15.12 National Electrical Code 15.12.010 Adoption 15.12.020 Administration — Fees 15.12.060 Violation 15.12.070 Penalty 15.12.080 Validity 15.12.090 Repeal Chapter 15.20 International Plumbing Code 15.20.010 Adoption 1.5.20.020 Additions or Modifications 15.20.030 Organization and Enforcement 15.20.040 Section 103.1.3 — Department of Plumbing Inspection 15.20.050 Section 106 — Fee Schedule 15.20.060 Section 306 — Trenching, Excavation and Backfill 15.20.065 Section 412.5 —Mechanical Rooms 15.20.070 Section 606.2 — Location of Shutoff Valves 15.20.080 Section 906 — Vent Termination 15.20. 110 Violation 15.20.120 Penalty 15.20.130 Repeal 15.20.140 Validity Chapter 15.24 International Mechanical Code 15.24.0 10 Adoption 15.24.020 Additions or Modifications 15.24.030 Section 106.5.2 — Fee Schedule 15.24.040 Section 109 — Means of Appeal 15.24.043 Table 403.3 Minimum Ventilation Rates 15.24.046 Section 903.3 — Unvented Gas Log Heaters 15.24.050 Section 701 -- Combustion Air, General 15.24.060 Section 902 — Masonry Fireplaces 15.24.110 Violation 15.24.120 Penalty 15.24.130 Repeal 15.24.140 Validity Chapter 15.28 International Fuel Gas Code 15.28.010 Adoption 15.28.020 Additions or Modifications 15.28.030 Organization and Enforcement 15.28.040 Section 103.I — Department of Inspection 15.28.050 Permits 15.28.060 Section 304.1 — General 15.28.070 Section 404.5 — Protection Against Physical Damage Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 3 of 39 Chapter 15.32 Fire Code 15.32.010 Adoption 15.32.020 Additions or Modifications 15.32.030 Section 104.6 Official Records 15.32.040 Section 104.11 — Authority at Fires and Other Emergencies 15.32.050 Section 104.11.3 — Systems and Devices 15.32.060 Section 105. 1.1 — Permits Required 15.32.070 Section 105.6 — Required Operational Permits 15.32.080 Section 105.7 — Required Construction Permits 15.32,090 Section 108 — Board of Appeals 15.32. WO Section 202 — General Definitions 15.32.110 Section 308.3.1 — Open - Flame Cooking Devices 15.32.120 Section 603.8.2 — Spark Arrestor 15.32.130 Section 905.1 — Standpipe Systems, General 15.32.140 Section 907 -- Fire Alarm and Detection Systems 15.32.250 Violation 15.32.260 Penalty 15.32.270 Validity Chapter 15.36 Factory -Built Housing and Manufactured Homes 15.44.010 Adoption 15.44.020 Additions or Modifications 15.36.030 Definitions 15.36.040 Park Site and General Requirements 15.36.050 General Requirements, Manufactured Housing 15.36.060 General Requirements, Factory -Built Units Chapter 15.40 Solid -Fuel- Burning Devices 15.40.010 Adoption 15.40.020 Additions or Modifications 15.40.030 Purpose and Applicability 15.40.040 Definitions 15.40.050 Regulations Below Elevation of Seven Thousand Eight Hundred Twenty Feet 15.40.060 Gas Appliances 15.40.070 Coal Usage Prohibited Chapter 15.44 2009 International Property Maintenance Code 15.44.0 10 Adoption 15.44.020 Additions or Modifications 15.44.030 Section 205, Board of Appeal 15.44.040 Violation 15.44.050 Penalty 15.44.060 Repeal 15.44.070 Validity Chapter 15.48 2009 International Energy Conservation Code 15.48.010 Adoption 15.48.020 Additions or Modifications 15.48.030 Section 101.3 — Intent Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 4 of 39 15.48.040 Section 503.2.2.1 — Snowmelt Boilers Chapter 15.02 Definitions The definitions set forth in. this Chapter 15.02 shall to all the Chapters in this Title 15 and shall apply to all codes adopted in this Title 15. In the event of any conflict, the definitions in this Chapter 15.02 shall apply first and take precedence, the definitions in the codes adopted by this Title 15 shall apply next, and the definition of any word, terra or phrase set forth elsewhere in the Avon Municipal Code shall apply after the definition of codes adopted by this Title 15. Building 4jlcial shall mean the person designated as the Building Official by the Town Manager. Person shall mean any natural person, corporation, organization, association or association of any of the foregoing. Town Attorney shall mean the attorney appointed by the Town Council as the Town Attorney, the Town Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this Title 15, or the Town Prosecutor. Chapter 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations (a) Unlawful Acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use or occupy any building or structure in the Town, or cause or permit the same to be done, or fail to comply with any lawful order or directive, which act is contrary to or in violation of any provision of any code, standard, or regulation adopted by this Title 15, and any such unlawful act shall be deemed to be a violation of this Title 15. (b) Notice of Violation. The Building Official shall serve a Notice of Violation or order for the erection, installation, alteration, extension, repair, removal or demolition of any work which violates any code adopted in this Title 15, or any change in occupancy of any building or equipment regulated by any coded adopted in this Title 15, or any violation of any permit, certificate or condition of any permit or certificate issued under the provisions of any code adopted by this Title 15. The Notice of Violation shall be served upon the contact person designated in any active pen-nit issued by the Town or the property owner of record according to the records of the Eagle County Assessor's Office or by posting the Notice of Violation in a Ord 10 -03 Adopting 2009 IBC 2 -9 -10 Page 5 of 39 conspicuous place on the property. The Notice of Violation shall cite the specific section or sections of the code or codes which are violated and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (c) Prosecution of Violation. If compliance with the Notice of Violation is not accomplished promptly, the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure, equipment or occupancy, and to seek such fuzes, penalties, fees and restitution as may be appropriate. 15.04.020 Penalties Any person who violates any provision of this code or any code adopted in this Title 15 shall be guilty of a misdemeanor offense and shall be punishable as set forth in Chapter L09 Civil Offense. In addition to other means provide by law, the Town may recover all costs and penalties unposed by certifying such amounts to the treasurer of Eagle County and such amounts shall be collected and paid over by treasurer of Eagle County in the same manner as taxes area authorized in accordance with Colorado Revised Statute section 31 -20 -105. 15.04.030 Stop Work Orders (a) Authority. The Building Official is authorized to issue a stop work order when the Building Official finds any worked regulated by this Title 15, or any code adopted by this Title 15, being performed in a manner either contrary to the provisions of any code adopted herein or being performed in a dangerous or unsafe manner. (b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property upon which the violation has occurred or is occurring, or to the owner's agent, or to the person doing the work, or may be posted in a conspicuous manner on the property. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. The Building Official may also include conditions or directives in the Stop Work Order to secure the property where appropriate due to unsafe conditions, soil erosion control, water quality degradation, or other matters in which conditions on the property threaten the health, safety or general welfare of the public or threaten to negatively impact or damage other property. (c) Unlawful Continuance. Any person who shall continue any work after a stop work order has been issued, except such work as may be directed to remove a violation, address an unsafe condition, or secure the property, shall be deemed to be a violation of this Title 15 and shall be subject to penalties as set forth in this Title 15. 15.04.040 Abatement of Unsafe Conditions, Declaration of Nuisance (a) Declaration of Public Nuisance. Any use or condition of a property, structure or equipment Ord 10 -02 Adopting 2409 IBC 2 -9 -I0 Page 6 of 39 regulated by this Title 15 which constitutes an unsafe condition, unsanitary condition, or hazardous threat to life, safety, health, public welfare or property by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be an unsafe condition. An unsafe condition is hereby declared to be a public nuisance. (b) Order of Abatement. The Building Official or Town Attorney may take action to order the abatement of any unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation, demolition, or removal of the equipment or structure which poses unsafe conditions, or by securing such property, structure or equipment to restrict the use, accessibility or risk posed by the unsafe condition. The Building Official or Town Attorney shall issue an order of abatement in writing to the property owner which shall describe the action required to abate the unsafe condition and shall provide a timeframe for compliance. No person shall use the structure or equipment constituting an unsafe condition after receiving such notice. (c) Failure to Comply, Abatement by Town, In the event the property owner fails to comply with an order of abatement within the timeframe for compliance stated in such order, the Town may proceed to enter the property, abate the unsafe condition and correct the public nuisance. Town shall post notice of Town's intention to enter the property and abatement the unsafe condition and public nuisance at least twenty four (24) hours in advance by posting written notice in a conspicuous place on the property, except where unsafe conditions warrant immediate abatement, in which case the Town shall not be required to post written notice in advance of entering the property. (d) Disconnection of Service Utilities. The Building Official shall have the authority to authorize disconnection of utility services to the building, structure or system regulated by the technical codes in case of emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner or occupant of the building, structure or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting the utility service, the owner or occupant of the building, structure or service systems shall be notified in writing, as soon as practical thereafter. (e) Connection After Order to Disconnect. No person shall make connections from any energy, fuel, power supply, water distribution, or other utility service, or supply energy, fuel or water to any equipment regulated by this Title 15 that has been disconnected or ordered to be disconnect by the Building Official or the use of which has been ordered to be disconnected by the Building Official until the building Official authorizes the reconnection and use of such equipment.. (f) Recovery of Costs, Lien. The Town may recover the direct costs incurred for abatement of unsafe conditions together with a fifteen percent (15%) surcharge for administrative expense and eighteen percent (18%) interest per year on the total outstanding amount due to the Town. Al costs, surcharges and interest shall be recoverable against the property owner. In addition to other means provide by law, the Town may recover all costs, surcharges and interest imposed by Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 7 of 39 certifying such amounts to the treasurer of Eagle County and such amounts shall be collected and paid over by treasurer of Eagle County in the same manner as taxes area authorized in accordance with Colorado Revised Statute section 31 -20 -105. Chapter 15.06 Board of Appeals 15.06.010 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the Building Official. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted Hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the Building Official, The Building Official shall take immediate action in accordance with the decision of the board. 15.06.020 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this code. 15.06.030 Limitation of Liability. Any member of the Town Council, acting in good faith and without malice for the Town of Avon in the discharge of their duties, shall not thereby render themselves personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties, shall be defended by the Town of Avon until final termination of the proceedings." CHAPTER 15.08 Building Code 15.08.010 Adoption (a) The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2009 International Building Code, excluding Chapter 27 Electrical and including Appendix C Group U — Agricultural Buildings, Appendix E Supplementary Accessibility Requirements, Appendix J Grading and the generic fire - resistive assemblies listed in the Fire Resistance Design Manual, published by the Gypsum Association, most current addition, as referenced in the specified International Building Code. (b) The International Building Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. Copies of the 2003 International Ord 10 -02 Adopting 2049 IBC 2 -9 -10 Page 8 of 39 Building Code are on file in the office of the Town Clerk and are available for inspection during regular business hours. 15.08.020 Additions or Modifications The International Building Code is amended and changed as described in Sections 15.08.030 through 15.08.160. 15.08.030 Section 104 — Duties and Powers of the Building Official (a) Section 104. 1, General, is amended to read as follows: "104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code." (b) Section 104.6, Right of Entry, is amended to read as follows: ` °104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal Code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry." 15.08.035 Section 105 — Permits (a) Section 105.1, Required, is amended by adding the following language: "No building or mechanical permits will be issued for the installation of a wood burning device unless the device is in conformance with the Chapter 15.40, Solid- Fuel - Burning Devises." (b) Section 105.1.1, Annual permit, is deleted. (c) Section 105. L2, Annual permit records, is deleted. (d) Section 105.5, is amended to read as follows: "105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension of time, for a period of 180 days. The extension shall be requested in writing prior to Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 9 of 39 the expiration date, shall demonstrate justifiable cause and include a fee of one half the amount required for a new permit for such work, Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as suspended or abandoned if no subsequent inspections have been approved within a 180 -day period." 15.08.036 Section 106 —Floor and Roof Design Loads Section 146 is adopted as written. 15.08.040 Section 107.2.5 — Site Plan Section 107.2.5 Site plan, is amended to read as follows: "107.25 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by FEMA, is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three - eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights -of -way of record or known. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted." 15.08.050 Section 109 —Fees (a) Section 190.2 Schedule of Permit Fees, is amended to read as follows: "109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon." (b) Section 109.6, Refunds is deleted. (c) Section 109.7, Contractor licensing, is amended to add the following language: "109.7 Contractor Licensing. All contractors, including those who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Ord 10 -02 Adopting 2009 tBC 2 -9 -10 Page 10 of 39 Class I enera ontractor Class 11 Other Contractors $35.00 Class F —nicipal Contractors Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner - builders, shall provide current certificate of insurance for statutory workers compensation and commercial general liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner - builder is one that will personally perform at least 50% of all labor involved in the construction of a single - family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner - builder and shall be personally occupied by said owner - builder for a minimum of one year from the date the Certificate of Occupancy is issued." 15.08.060 Section 110 — Inspections Section 110, Inspections, is amended to read as follows: "(1) Section 110.2, Preliminary Inspection 110.2.1 Inspection Record Card. Inspection record cards shall be on the Construction Sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign -offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost there will be a $20.00 fee to replace or update the card. The Building Official is authorized to waive the record card on a job by job basis. 110.2.2 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, setback lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractors name shall be installed on the site and properly placed to be seen and read from the street and all necessary toilet facilities in place prior to this inspection being approved. 110.2.3 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building." (2) Section 109.3.1, Footing and Foundation Inspection, is amended by the addition of the following language: "The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. 110.2.3.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado - licensed professional land surveyor. The improvernent location survey inspection shall be the second part of the foundation inspection. An Improvement Location Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 11 of 39 Survey shall be done when the forms are removed. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval. process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the survey is presented and approved by the Town. 110.2.3.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height, or within 18 inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town. (3) Section 110.2.3.3 is amended by adding the following language: "110.2.3.3 Cleanup During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the Building Official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Job sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors." 15.08.070 Section 111 —Certificate of Occupancy Section 111 is amended by adding the following language: "111.2.1 Conditions of the Certificate of Occupancy The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. 111.2.2 Cleanup, Landscaping and General Construction Deposit A cleanup, landscaping and general construction deposit ( "deposit ") is designed to provide security for all conditions contained in the temporary certificate of occupancy ( "TCO "), The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this Chapter, is not completed within three months of the date the TCO is issued, the Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 12 of 39 Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a Pee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. 111.2.3 Conditions of a Temporary Certificate of Occupancy 1. A temporary certificate of occupancy ( "TCO ") shall be valid for three (3) months. The Building Official may grant one TCO extension for up to three months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for commercial or multi - family (A, B, E, F, H,1, M, S and R- 1- 2 -4&1) occupancies: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical smoke detectors, fire . alarms and sprinklers. c. Two operative bathrooms on each floor being occupied in other than R occupancies. d. Entrance and other work within the public right -of -way must be approved. e. All required parking paved and marked. f. All utility tap fees paid. g. Positive drainage away from the building in all directions at two percent for a minimum of five feet. h. Where the required cleanup, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section 110.3.2. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. 111.2.4 Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code." 15.05.080 Section 113 — Board of Appeals Section 113 is repealed and reenacted to read as follows:. "113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." 15.08.090 Section 115 — Stop Work Order Section 115, Authority, is amended to read as follows: "115 Authority. Whenever the Building Official finds any work regulated by this code, other Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 13 of 39 provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order." 15.08. 100 Section 501.2 — Premises Identification Section 501.2, Premises identification, is amended to read as follows: "501.2 Premises Identification. New and existing buildings shall be provided with approved address numbers or letters. Each character shall be a minimum 4 inches (102 mm) high and a minimum of 0.5 inches (12.7mm) wide. They shall be installed on a contrasting back ground and be plainly visible from the street or road fronting the property. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure." 15.08.110 Section 1204 —Temperature Control Section 1204 is amended to read as follows: "1204.1 Equipment and Systems. Interior spaces intended for human occupancy shall be provided with active or passive space heating systems capable of maintaining a minimum 'indoor temperature of 68 degrees Fahrenheit at a point 3 feet above the floor on the design heating day. Outside design temperature shall be not more than minus 20 degrees Fahrenheit. Exception: Interior spaces where the primary purpose is not associated with human comfort." 15.08.120 Section 1608.2 — Ground Snow Loads Section 1608.2, Ground Snow Loads, is amended to read as follows: "1608.2 Ground Snow Loads. Snow load shall be determined by the altitude of the property being built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75- pound- per - square -foot snow load." 15.08.125 Section 1603.2 — Moulder Walls "1603.2 Boulder Walls. This section is hereby added with the following language: Boulder walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the State of Colorado." 15.08.130 Section 1704 — Special Inspections Section 1704, Special Inspections, is amended by adding the following: "1704.2.3 Log Frame Construction — Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection." "1704,16.1.1 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency." Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 14 of 39 15.08.140 Section 1809.5 — Frost Protection 1809.5, Item 1. Shall be amended as follows: "Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer." 15.08.150 Chapter 30 — Elevators and Conveying Systems Section 3001.5 is added to read: "3001.5 Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970- 468 -0295 (Ext. 108.)" This program exists as Memorandum of Agreement with the Division of Oil & Public Safety. All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS), The Town of Avon adopts the A17.1 -2007 elevator code and the A18.1 -2005 safety standard for vertical platform and wheelchair lifts, by reference." 15.08.160 Appendix J — Grading "Appendix J Section J101.1 Scope. Section J101.1 Scope is amended by adding the following sentence: Grading permits shall be permitted, regulated and enforced by the Town of Avon Engineer." 15.08.300 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2003 International Building Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.08.3 10 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Building Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.08.320 Repeal The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that Ord 10 -02 Adopting 20091BC 2 -9 -10 Page 15 of 39 occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.08.330 Validity If any section, subsection, sentence, clause, or phrase of the 2009 International Building Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.09 Residential Code 15.09.010 Adoption (a) Section 6.9 of the Town Charter provides that standards codes may be adopted by reference with amendments. The Town adopts the 2009 International Residential Code for One- and Two - Family Dwellings, excluding Chapters 36, 37, 38, 39, and 40 and including Appendix G. (b) The 2009 International Residential Code for One- and Two - Family Dwellings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Ulinois, 60478- 5795. A copy of the 2009 International Residential Code for One- and Two- Family Dwellings is on file in the office of the Town Clerk and is available for inspection during regular business hours. 15.09.020 Additions or Modifications The 2009 International Residential Code for One- and Two- Family Dwellings is amended and changed as described in Sections 15.09.030 through 15.09.140. 15.09.030 Section R104 — Duties and Powers of the Building Official (a) Section 8104.1, General, is amended to read as follows: "R104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code." (b) Section 81.04.6, Right of Entry, is amended to read as follows: "R104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 16 of 39 authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry." 15.09.040 Section 8105 — Permits (a) Section 8105.1, Required, is amended by adding the following language: "No building or mechanical permits will be issued for the installation of a woad - burning device unless the device is in conformance with the Town of Avon, Chapter 15.40 of the Avon Municipal Code." (b) Section R105.5 is amended to read as follows: "R105.5 Expiration. Every permit issued shall expire and become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of l80 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension of time, for a period of 180 days. The extension shall be requested in writing prior to the expiration date, shall demonstrate justifiable cause and include a fee of one -half the amount required for a new permit for such work. Work on the site shall be deemed as commenced upon approval of the final footing inspection and shall be deemed as suspended or abandoned if no subsequent inspections have been approved within a 180 -day period. 15.09.050 Section 8106.2 — Site Plan Section R106.2, Site plan, is amended to read as follows: "R106.2 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finish grades and, as applicable, flood hazard areas, floodways, and design flood elevations. The site plan shall be based on, and be accompanied by a recent topographic survey conforming to National Map Accuracy Standards, prepared by a registered land surveyor, licensed to practice in the State of Colorado. When construction is proposed in a flood plain area, the application shall be accompanied by elevations of the lowest floor of new or substantially improved structures in said areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be submitted. A complete flood plain development plan, as described by FEMA, is required. The surveyor making the plat shall certify thereon that it is correct and that the perimeter monuments described therein have been placed as described and affix his name and seal. Permanent reference monuments shall be set and marked and shall be made of No. 5 reinforcing bar with a metal cap at least one and three- eighths inches in diameter, and shall protrude no more than four inches from the ground. The plat submitted shall reflect the type of monuments set on the property corners and the location and dimensions of all easements or rights -of -way of record or known. in the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration, Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 17 of 39 repair or remodel totally within the limits of an existing building or structure, or when otherwise warranted." 15.09.060 Section R108 - Fees (a) Section R108.2, Schedule of Permit Fees, is amended to read as follows: "R108.2 Schedule of Permit Fees. On buildings, structures, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon." (b) 8108.4, Related fees, is amended by the addition of the following: "R108.4.1 Elevators and Conveying Systems Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (For permit application and inspections contact the Northwest Colorado Council of Governments Elevator Inspection Program at 970 -468 -0295 ext. 108.)" (c) Section R108.5, Refunds, is deleted. (d) Section 8108.6, Contractor Licensing, is added to read as follows: "8108.6 Contractor Licensing. All contractors, including those who are duly licensed by the State, shall purchase a license for conducting work within the Town of Avon. Established annual fees are: Class enera ontractor 125.00 -CTa—ss H Other Contractors CTaiss= Municipal Contractors Licenses issued pursuant to this section shall be valid for a period of one year from the date of issue. Every contractor, including Electrical Contractors and owner - builders, shall provide current certificate of insurance for statutory workers compensation, and general commercial liability insurance of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate before a contractor's license is issued. An owner - builder is one that will personally perform at least 50 %n of all labor involved in the construction of a single - family residence, and will be on site to supervise all other work involved. The building shall be intended for use as the principal residence of the owner - builder and shall be personally occupied by said owner- builder for a minimum of one year from the date the Certificate of Occupancy is issued." 15.09.070 Section R109- Inspections Section R 109 is amended as follows: (1) Section R109.1.1, Foundation inspection, is amended by addition of the following language. "The footing inspection shall be done after the Site Preparation Inspection, and when all footing 1'orms and steel are in place. In winter, blankets and hurting devices shall be on site to prevent Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 18 of 39 freezing of the concrete. during freezing weather. R109,1.1.1 Improvement Location Survey Inspection. An Improvement Location Survey shall be prepared by a Colorado- licensed professional Land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official within 15 working days of the date of the foundation inspection or else all construction on the site will be stopped until the Survey is presented and approved by the 'Town. R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado - licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height, or within 18 inches of a setback line. The inspection is to be done at the time the ridge boards are in place, and shall show all pertinent elevations using the original benchmark. The frame inspection will not be approved until this survey has been presented to the Building Official and has been approved. If this survey is not presented within 15 working days of the frame inspection then all work on the project will be stopped until the survey is presented and approved by the Town." (2) Section 8109.1.5, Other Inspections, is amended by the addition of the following language: "R109.1,5.2 Inspection Record Card. Inspection record cards shall be on the construction sign. It shall be the responsibility of the permittee to display the inspection record card on the job site throughout the construction process for the inspector's signatures. For approval to occupy the structure, either by Temporary Certificate of Occupancy or Certificate of Occupancy, this card must have complete sign -offs for all required inspections and be returned to the Town of Avon Building Official. If the card becomes unreadable or lost, there will be a $20.00 fee to replace or update the card. The Building Official is authorized to waive the use of the record card on a job by job basis. 8109.1.5.3 Site Preparation Inspection. The site preparation inspection shall include the staked property lines, setback lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractor's name shall be installed on the site and properly placed to be seen and read from the street, prior to this inspection being approved. R109.1.5.4 Culvert and Driveway Base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for occupancy of the building. R109,1.5.5 Log Frame Construction — Log Inspection. A third party inspection by a certified log inspection agency shall be required of all structural members in log frame buildings. A letter from the log grading agency certifying that log grades are in accordance with the plan specifications shall be required at or prior to the frame inspection. R109.1.5.6 Special Inspections for Elevators. Elevators installed in all buildings or structures shall require a third party plan review and inspection by a certified elevator inspection agency." Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 19 of 39 (3) Section 8109.5 is added to read as follows: "R109.5 Cleanup During Construction. Job sites shall be kept clean and orderly at all times, and if it becomes necessary for the Town to clean and/or haul debris or material from the site, after reasonable notice, as determined by the Building Official, to the permit holder to do so, the actual costs for such services shall be charged to the permit holder, which sum shall be payable at the time a Temporary Certificate of Occupancy is applied for. Construction debris shall be stored in one general location on the site, and shall be removed weekly, or more frequently if necessary, by the permit holder or his agent. Jab sites shall be sprinkled as required by the Building Official to prevent blowing of dust. In determining whether or not to sprinkle, the Building Official shall consider availability of water, weather conditions and other relevant factors." 15.09.080 Section R 110 — Certificate of Occupancy Section R 110 is amended by adding the following language: "R110.3.1 Conditions of the Certificate of Occupancy The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. RI 10.4.1 Conditions of a Temporary Certificate of Occupancy 1. A temporary certificate of occupancy ("TCO") shall be valid for three months. The Building Official may grant one TCO extension for up to three (3) months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a temporary certificate of occupancy for one- and two - family dwellings: a. The exterior of the building is complete, including painted vents, meters and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical. c. One bathroom operative as per the approved plans. d. Entrance and other work within the public right -of -way must be approved. e. Positive drainage away from the buildings in all directions at two percent (2%) for a minimum of five (5) feet. f. Sufficient roadway access for emergency vehicles and minimum parking requirements must be met. g. All utility tap fees paid. h. Where the required cleanup, paving, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section R110.4.1 The surety will be returned to the permittee upon issuance of the final certificate of occupancy. R110.4.1 Cleanup, Landscaping and General Construction Deposit A cleanup, landscaping and general construction deposit ( "deposit ") is designed to provide Ord 10 -02 Adopting 2009 1BC 2 -9 -10 Page 20 of 39 security for all conditions contained in the temporary certificate of occupancy ( "TCO "). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty -five percent (25 %) of the bid, good for sufficient time to allow completion of the work., or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is not completed within three months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent (20%) of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent (12 %) [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. R110.6 Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code. or by other provisions of the Avon Municipal Code is being used contrary to the provisions of this code, or of other provisions of the Avon Municipal Code, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code." 15.09.090 Section 8112 — Board of Appeals Section RI 12 is repealed and reenacted to read as follows: "R112 Appeals to Town Council. A person may appeal a decision of the Building Official to the Town Council in accordance with Chapter 15.06 of the Avon Municipal Code." 15.09. 100 Section R 114 — Stop Work Order Section RI 14, 1, Authority, is amended to read as follows: R114.1 Notice to Owner. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order. Upon notice from the Building Official that any work is being prosecuted contrary to the provisions of this code such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume." 15,09.110 Table R301.2(1) — Climatic and Geographic Design Criteria Table R301.2(1) Climatic and Geographic Design Criteria is amended by the insertion of the following criteria: "a) Ground Snow Loads: Snow load shall be determined by the altitude of the property being Ord 10 -02 Adapting 2009 IBC 2 -9 -10 Page 21 of 39 built on. Property at 8600 feet and above shall be designed for a snow load of 90 pounds per square foot. Property below 8600 feet shall be designed for a 75- pound- per - square -foot snow load. b) Wind Speed: 90 Miles Per [-lour c) Seismic Design Category: B d) Weathering: Severe e) Frost Line Depth: 48 inches f) Termite: Slight to Moderate g) Winter Design Temperature: -20 Degrees Fahrenheit h) Flood Hazards: .8/18/87 i) Air Freezing Index: 2,500 j) Mean annual temp: 40 degrees Fahrenheit 15.09.115 Section R313 Automatic Sprinkler System Section R313 is repealed and reenacted to read as follows: "R313.1 Townhouse Automatic Fire Sprinkler Systems An automatic residential fire sprinkler system shall be installed in townhouses. Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. R 313.1.1 Design and Installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with Section P2904. R313.2 One -and Two - Family Dwellings Automatic Fire Systems. Effective January 1, 2012, an automatic residential fire sprinkler system shall be installed in one- and two- family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. R313.2.1 Design and Installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13 D." 15.09.120 Section R319 Site Address Section R321.1, Premises Identification, is amended to read as follows: "R319 Address Numbers. Buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, Pole or other sign or means shall be used to identify the structure." 15.09.140 Section R403.1.4 — Minimum Depth The first sentence is amended to read as follows: "Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer." 15.09.300 Violation The following clause concerning violations is set forth in full and adopted with reference to Ord 10-02 Adopting 2009 IBC 2 -9 -10 Page 22 of 39 the 2009 International Residential Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter." 15.09.310 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2003 International Residential Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.09.320 Repeal The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.09.330 Validity If any section, subsection, sentence, clause or phrase of the 2003 International Residential Code named in the title of this Chapter, is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.12 International Electrical Code 15.12.010 Adoption The Town adopts the 2008 Edition of the National Electrical Code. The National Electrical Code is published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. A copy of the 2008 Edition of the National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.12.020 Administration — Fees Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the Colorado State Electrical Board at 1580 Logan St., Ste. 550, Denver, Colorado 80203 -1941; Telephone 303 -894 -2300) 15.12.060 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2008 Edition of the National Electrical Code named in the title of this Chapter. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 23 of 39 "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." 15.12.070 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.12.080 Validity If any section, subsection, sentence, clause or phrase of the 2008 Edition of the National Electrical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. 15.12.090 Repeal The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provisions repealed or repealed and reenacted. CHAPTER 15.20 International Plumbing Code 15.20.010 Adoption The Town adopts the 2009 Edition of the International Plumbing Code and all appendix chapters thereto. The 2009 Edition of the International Plumbing Code was published by the International Code Council,, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.20.020 Additions or Modifications The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through 15.20.100 of this Chapter. 15.20.030 Organization and Enforcement (Refer to the 103 — Department of Plumbing Inspection) 15.20.040 Section 103.1.3 — Department of Plumbing Inspection Section 103.1.3 is amended by adding the following paragraph: "Section 103.1.3 — Licensing. Pursuant to Section 12 -58 -115 of the Colorado Revised Statutes, Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 24 of 39 only qualified licensed plumbers may install Plumbing Systems as defined in Section 202 of the International Plumbing Code." 15.20.050 Section 106 — Fee Schedule "All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town)." 15.20.060 306 — Trenching, Excavation and Backfill. 15.20.060 is added and amended by adding the following language: "The minimum cover for water supply and sewer piping, not under a building, shall be 7 feet below finished grade." 15.20.065 Section 412.5 — Mechanical Rooms This section is hereby amended to add the following language: "For heating or hot -water boiler applications, the boiler room shall be equipped with a floor drain or other means suitable for disposing of the accumulation of liquid waste incidental to cleaning, recharging and routine maintenance." 15.20.70 Section 606.2 —Location of Shutoff Valves This section is hereby amended as follows: "Add item 4. On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall mounted faucets in one- and two - family residential occupancies, and in individual guest rooms in hotels, motels, boarding houses, and similar occupancies shutoff valves are required." 15.20.080 Section 906 — Vent Termination "Section 906.1. Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than twelve (12) inches above the roof. nor less than two (2) feet from any vertical surface." 15.20.110 Violation The following clause concerning violations is set forth in full and adopted with reference to the International Plumbing Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this chapter. 15.20.120 Penalty Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the International Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year or by both such fine and Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 25 of 39 imprisonment. (Ord. 07 -13) 15.20.130 Repeal The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter, shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.20.140 Validity If any section, subsection, sentence, clause or phrase of the International Plumbing Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.24 International Mechanical Code 15.24.0I0 Adoption The Town adopts the 2009 Edition of the International Mechanical Code. The 2003 Edition of the International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills., Illinois 60478 -5795. A copy of the 2003 Edition of the International Mechanical Code is on file in the Town Clerk's office, and is available for inspection during regular office hours. (Ord. 04 -14 §4) 15.24.020 Additions or Modifications The 2009 Edition of the International Mechanical Code is amended and changed in Sections 15.24.030 through I5.24.060 of this Chapter. 15.24.030 Section 106.5.2 — Fee Schedule Section 106.5.2 is repealed and reenacted to read as follows: "106.5.2 Fee Schedule The fee for each permit shall be as set forth in The Town of Avon Fee Schedule A (as adopted by resolution of the Town Council)." 15.24.040 Section 109 — Means of Appeal Section 109 is repealed and reenacted as follows: "109.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." 15.24.043 Table 403.3 — Minimum Ventilation Rates This Table is hereby amended to add the following language: "Note: 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009 capital edition of the International Fire Code Section 610.4.7." Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 26 of 39 15.24.046 Section 903.3 -- Unvented Gas Log Heaters This section is hereby amended as follows: "Unvented gas fireplaces are prohibited." 15.24.050 Section 701 — Combustion Air, General Section 701 is amended by adding a new Section 701.6 as follows: "701.6 Type of Construction. All buildings in the Town of Avon shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building." 15.24.060 Section 902 — Masonry Fireplaces Section 902 is amended by deleting Section 902.6 and by adding the following language; "902.3 - Definitions. 1. New Technology Device means a solid - fuel - burning device which is certified by the EPA and listed in the Colorado Department of Health's web page under Air pollution control division, residential burning information. A new technology device is; one which has EPA certification as a EPA Certified wood stove. 2. EPA Certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's web site. Only New technology devices may be used as "Solid fuel burning devices" in the Town of Avon. 3. Gas appliance means a fully self - contained U.L. and A.G.A. listed fireplace unit which des not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel. 4. Solid -fuel burning devices means any fireplace, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. 5. Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire place fitted with an A.G.A and/or U.L. listed gas log kit, has not damper and vents through an approved vent. Exception The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve." 902.4 Regulations Below the Elevation of Seven Thousand Eight Hundred Twenty Feet `Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or solid -fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 27 of 39 No mobile or modular home shall be moved in place in the Town and connected to utility service that has installed with such mobile or modular home a solid -fuel burning device. Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation there shall also be permitted one EPA approved wood burning fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand dollars ($3,000.00) is paid at the time of application for a building permit. 902.5 Regulations Above Elevation of Seven Thousand Eight Hundred Twenty Feet Above the elevation of seven thousand eight hundred twenty feet, one New Technology Device shall be permitted in each new dwelling unit constructed, provided a fee in the amount of one thousand five hundred dollars ($1,500.00) is paid at the time of application for permit; provided no new wood - burning or other fuel - burning fire places or other devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective. Above such elevation, certified New Technology solid fuel burning devices, gas appliances and gas fireplaces shall be permitted. 902.7 Coal Usage Prohibited The burning of coal within the Town is prohibited." t5.24.110 Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 Edition of the International Mechanical Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter. 15.24.120 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2003 International Mechanical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.24.130 Repeal The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.24.140 Validity If any section, subsection, sentence, clause or phrase of the 2003 Edition of the International Mechanical Code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining Ord 10 -02 Adopting 2009 tBC 2 -9 -10 Page 28 of 39 provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.28 International Fuel Gas Code 15.28.010 Adoption The Town adopts the 2009 Edition of the International Fuel Gas Code and all appendix chapters thereto. The 2009 Edition of the International Fuel Gas Code is published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2.003 International Fuel Gas Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.28.020 Additions or Modifications The 2009 International. Fuel Gas Code is amended and changed in Sections 15.28 through 15.28.50 of this Chapter. 15.28.030 Organization and Enforcement (Refer to the 2009 Edition of the International Fuel Gas Code.) 15.28.040 Section 103.1. International Fuel Gas Code Department of Inspection 15.28.050 Section 106 — Permits Section 106 is amended as follows: "Section 106.6 -- Fees All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town)." 15.28.060 Section 304.1 — General This section is hereby mended by the addition of the following language: "New construction shall be considered unusually tight construction as defined by this code." 15.28.070 Section 404.5 — Protection Against Physical Damage This Section is hereby amended by the addition of the following language: "Above ground gas meters, regulators, and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to the proximity to alleys, driveways or parking areas shall be protected from such damage." CHAPTER 15.32 Fire Code 15.32.010 Adoption (a) The Town adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, the certain standards known as Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 29 of 39 the 2009 International Fire Code, including Appendix E Hazardous Categories, and Appendix F Hazard Ranking, save and except such portions as are hereinafter deleted, modified or amended by this Chapter. (b) The 2009 Tnternational Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478 -5795. A copy of the 2009 International Fire Code is on file in the office of the Town Clerk and is available for inspection during regular business hours. 1532.020 Additions or Modifications The 2009 International Fire Code is amended and changed in Sections 15.32.030 through 15.32.140. 15.32.030 Section 104.6 — Official Records Section 104.6 is amended by the deletion of 104.6.2 — Inspections, 104.6.3 — Fire Records and 104.6.4 — Administrative. 15.32.040 Section 104.11 — Authority at Fires and Other Emergencies Section 104.11 is amended by adding the following language: "Fire alarm panel troubles signals, maintenance signals, testing signals or as approved in writing by the Fire Chief shall not be construed as an emergency fire condition." 15.32.050 Section 104.11.3 — Systems and Devices. Section 104.11.3 is amended by adding the following language; "Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the Fire Chief shall not be construed as an emergency fire condition." L5.32.060 Section 105. 1.1 —Permits Required Section 105. 1.1 is amended to read as follows: "105.1.1 Permits Required. Permits and inspections required by this code will be administered by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire department or the fire Code official. (For permit applications and inspections contact the Eagle River Fire Protection District at 351 Benchmark Road, Post Office Box 7980, Avon, Colorado, 81620. Phone: 970- 748 - 9665)" 15.32.070 Section 105.6 — Required Operational Permits (a) Section 105.6 is amended to delete all sub- sections except sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44. and Section 105.6 is amended to read as follows: "105.6 Required Operational Permits. The fire code official or authorized designee is authorized to issue operational permits or the operations set forth in Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44.,, 15.32.080 Section 105.7 — Required Construction Permits Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 30 of 39 Section 105.7 is amended as follows: Delete all sub - sections except sections 105.7.1, 105.73 and 105.7.11. 15.32.090 Section 108 — Board of Appeals Section 108 is amended to read as follows: "108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official or designated representatives, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the governing board of the Eagle River Fire Protection District plus a representative from the Town of Avon as appointed by the Avon Town Council. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. 108.2 Procedure for appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the fire code official or designated representative. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this cede do not fully apply, or an equivalent method of protection or safety is proposed. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the fire code official. The fire code official shall take immediate action in accordance with the decision of the board. 108.3 Limitations on Authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code." 15.32. 100 Section 202 — General Definitions (a) False Alarm is amended to read as follows: "False Alarm. The deliberate reporting of an alarm for which no such fire car emergency actually exists." (b) Fire Code Official is amended to read as follows: "Fire Code Official. The Town of Avon Building Official or a duly authorized representative charged with the administration and enforcement of the code." (c) Fire Department is added to read as follows: "Fire Department. The Eagle River Fire Protection District is the designated fire depart -meat in the Town of Avon." 15.32. 110 Section 308.3.1 — Open - Flame Cooking Devices Section 308.3.1 is amended by the addition of Exception 3: "3. Propane Cooking Devices." 15.32, 1210 Section 603.8.2 — Spark Arrestor Ord 10 -02 Adapting 2009 IBC 2 -9 -10 Page 31 of 39 Section 603.8.2 is amended by the addition of: "Chimneys used with fireplaces or heating appliances in which solid fuel is used shall be maintained with an effective means of arresting spark." 15.32.130 Section 905.1 — Standpipe Systems, General Section 905.1, General, is amended by revising the third sentence to read as follows: "The outside fire department connections shall be approved by the Fire Chief." 15.32.140 Section 907 —Fire Alarm and Detection Systems Section 907, Fire Alarm and Detection Systems, is amended as follows: (1) 907.2.1 Group A — delete the exception. (2) 907.2.2 Group B — delete the exception. (3) 907.2.4 Group F — delete the exception. (4) 907.2.7 Group M — delete the exception. 15.32.250 "Violation The following clause concerning violations is set forth in full and adopted with reference to the 2003 International Fire Code named in the title of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town of Avon or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." 15.32.260 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2003 International Fire Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.32.270 Validity If any section, subsection, sentence, clause or phrase of the 2003 International Fire Code named in the title of this Chapter, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. CHAPTER 15.36 Factory -Built Housing and Manufactured Homes 15.36.010 Adoption The Town adopts the 2009 Edition of the International Building Code and all appendix chapters thereto. The 2009 Edition of the International Building Cade was published by the International Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 32 of 39 Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerks office, and are available for inspection during regular office hours. 15.36.020 Additions or Modifications The 2009 International Building Code is amended and changed in Sections 15.20.030 through 15.20. 100 of this Chapter. 15.36.030 Definitions For the purposes of this Chapter, the following definitions shall have the meanings indicated; Factory -built housing means any structure, or component thereof, designed primarily for permanent residential occupancy, including a mobile home which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on the building site. Manufactured housing unit means a pie- constructed complete building unit or combination of pre - constructed complete building, units without motor power designed and commonly used For single - family, single -unit residential occupancy by persons in either temporary or permanent locations, which unit or units are manufactured in a factory or at a location other than the residential site of the completed home and which unit or units are not licensed as a recreational vehicle. Mobile home means a structure, transportable in one (1) or more sections, which is eight (8) body feet or more in width and is thirty -two (32) body feet or more in length and which is built on a permanent chassis and designed to be used as a dwelling without permanent foundation when connected to required utilities and includes the plumbing, heating, air - conditioning and electrical systems contained therein. Nonresidential factory -built housing means any structure, or component thereof, designed primarily for permanent nonresidential occupancy, including a manufactured unit which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation on the building site. 15.3+6.040 Park Site and General Requirements (a) Provisions of this Chapter shall not apply to a manufactured home located within the Town on the effective date of the ordinance codified herein. (b) Each new park or addition to an existing park shall conform to all provisions of this Chapter. (c) Manufactured home space. Each space shall contain at least three thousand (3,000) square feet of area for a single -wide unit, and four thousand two hundred (4,200) square feet for a doublewide unit. The minimum space between any appurtenance or deck thereto shall be a minimum of twelve (12) feet. The minimum space between any two (2) manufactured homes or habitable appurtenance thereto shall be a minimum of twenty (20) feet. Each space shall provide paved parking spaces for at least two (2) automobiles, either on the space adjacent to it or within the park, or by any combination of these locations. (d) Driveways and walkways. All mobile home spaces shall abut upon a driveway graded for drainage and maintained in a rut and dust -free condition and which provides unobstructed access to a public street or highway. The minimum unobstructed width of such driveways shall be sixteen (16) feet. An additional eight (8) feet of width shall be constructed for each parallel parking space adjacent thereto, or twenty -eight (28) feet for double- loaded perpendicular parking Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 33 of 39 spaces. All driveways and walkways within the park shall be illuminated to ensure safety for park residents. (e) Paving of parking and driving areas. All manufactured home parks shall have paving in the parking and driving areas thereof. (f) Maintenance of lots. All lots and stands shall be maintained in a clean and sanitary condition, free from hazardous or noxious materials, weeds, refuse and motor vehicles having no current license plates. 15.36.050 General Requirements — Manufactured Housing (a) No person, firm or corporation shall place a manufactured home within the Town without first obtaining a permit therefor from the State Division of Housing and approval for the installation by the State Division of Housing. (b) No person, firm or corporation shah make any alteration or addition to a manufactured home thereto without first obtaining a permit therefor from the Building Official. (c) All manufactured homes, including mobile homes, shall comply with the installation requirements set forth in the Part 31, Manufactured Home Installation, Section 24 -32 -3101 et seq., C.R.S., and any other rules and regulations adopted by the Colorado Division of Housing governing manufactured housing. (d) All manufactured homes must comply with either the Section 24 -32 -701, C.R.S., governing labeling and construction compliance with state and federal standards or bear the red HUD label. (e) All manufactured homes shall be designed with the snow load requirements as set forth in Section 15.08.120 of this Code unless it complies with one (1) of the following: (1) An approved snow removal maintenance program; (2) A protective shelter built over the home, not connected to the home; or (3) A shelter designed by a professional engineer or architect. 15.36.060 General Requirements — Factory -Built Units (a) No person, fine or corporation shall place a factory -built unit within the Town without first obtaining a permit therefore from the Building Official. (b) No permit for a factory -built home or any alteration or addition thereto shall be issued unless the same complies with all requirements of the building code, including electrical, plumbing and mechanical in effect in the Town at the time. CHAPTER 15.40 Solid- Fuel - Burning Devices 15.40.010 Adoption The Town adopts the 2009 Edition of the International Plumbing Code and all appendix chapters thereto. The 2009 Edition of the International Plumbing Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.40.020 Additions or Modifications The 2009 International Plumbing Code is amended and changed in Sections 15.20.030 through 15,20. 100 of this Chapter. 15.40.030 Purpose and Applicability These regulations are enacted for the purpose of promoting the health, safety and general welfare Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 34 of 39 of the residents of and visitors to the Town. These regulations are intended to protect air quality. 1 5.40.040 Definitions For the purposes of this Chapter, the following definitions shall have the meanings indicated; New Technology Device means a solid- fuel - burning device which is certified by the EPA and Listed in the Colorado Department of Health's web page under Air pollution control division, residential burning information. A new technology device is; one which has EPA certification as a EPA Certified wood stove." EPA Certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet a particulate emissions limit of 7.5 grams per hour for non - catalytic wood stoves and 4.1 grams per hour for catalytic wood stoves. A list of certified wood stoves is available on the EPA's web site. Only New technology devices may be used as "Solid fuel burning devices" in the Town of Avon." Gas appliance means a fully self- contained U.L. and A.G.A. listed fireplace unit which des not require venting through a masonry chimney, which has no damper and which does not permit the use of solid fuel.. Solid -fuel burning devices means any fireplace, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other non - liquid or nongaseous fuel. This definition specifically excludes noncommercial barbecue devices used to cook food outdoors. Gas fireplace means a fire place either manufactured as a finished unit or a true masonry fire place fitted with an A.G.A and/or U.L. listed gas to kit, has not damper and vents through an tD approved vent. "Exception The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve." 15.40.050 Amendment Section 902 is amended by adding the following sub- section: "902.4 Regulations below the elevation of Seven Thousand Eight Hundred Twenty Feet Below the elevation of seven thousand eight hundred twenty feet, no new wood burning or solid - fuel burning fireplaces or other such devices shall be permitted to be constructed or installed after the ordinance codified in this chapter becomes effective. No mobile or modular home shall be moved in place in the Town and connected to utility service that has installed with such mobile or modular home a solid -fuel burning device. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 35 of 39 Below such elevation, new technology devices, gas appliances and gas fireplaces shall be permitted. Below such elevation there shall also be permitted one EPA approved woad burning fireplace in the lobby of any hotel or lodge, provided a fee in the amount of three thousand dollars ($3,000.00) is paid at the time of application for a building permit." 15.40.060 Gas Appliances All gas -log fireplaces shall be constructed in such a manner that access to the firebox is prohibited except for the purposes of repair and maintenance. 15.40.070 Coal Usage Prohibited The burning of coal within the Town is prohibited. Chapter 15.44 2009 International Property Maintenance Code 15.44.010 Adoption The Town adopts the 2009 International Property Maintenance Code and all appendix chapters. The 2009 International Property Maintenance Code is published by the International Code Council ( ICC) 4051 'West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2009 International Property Maintenance Code are on file in the office of Community Development, and are available for inspection during regular business hours.. 15.44.020 Additions or Modifications The 2009 International Property Maintenance Code is amended and changed in Sections 15.44.030 and 15.44.040 of this Chapter. (turd. 99 -14 (part)) .15.44.030 Section 205 — Board of Appeal Section 111 is amended to provide as follows: 15.44.040 "Violation The following clause concerning violations is set forth in full and adopted with reference to the 2009 International Property Maintenance code named in the tide of this Chapter: "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this chapter." 15.44.050 Penalty Any person violating any of the provisions of this Chapter or of the provisions of the 2009 International Property Maintenance Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.44.060 Repeal Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 36 of 39 The repeal or the repeal and reenactment of any provision of the Code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.44.070 Validity If any section, subsection, sentence, clause or phrase of the code named in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. Chapter 15.48 International Energy Conservation Code 15.40.010 Adoption The Town adopts the 2009 Edition of the International Energy Conservation Code and all appendix chapters thereto. The 2009 Edition of the International Energy Conservation Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2009 International Plumbing Code are on file in the Town Clerk's office, and are available for inspection during regular office hours. 15.40.020 Additions or Modifications The 2009 International Energy Conservation 15.20.030 through 15-20. 100 of this Chapter. Code is amended and changed in Sections 15.48.030 Section 101.3 — Intent This section is hereby amended with the addition of the following language: "The latest editions of Rescheck and Comcheck Software, as developed by the United States Department of Energy, may be used to demonstrate compliance with the 2009 Edition of the International Energy Conservation Code." 15.48.040 Section 503.2.2.1 — Snowmelt Boilers This section is hereby added as follows: "All gas fired boilers, used for snow melt shall have a minimum efficiency of ninety-two percent (92 %) AFUE. Note: this is a big change reflecting the fact that snow smelt is a large energy user and by bring the efficiency up, a more sustainable approach to the use of snow melt will be in place. Not in the Code. " Ord 10 -02 Adapting 2009 IBC 2 -9 -10 Page 37 of 39 Section 4. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section S. SeverabW . If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Hoene Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 38 of 39 Section 9. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance. on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in fail and a statement that a complete copies of the International Building Codes adopted by reference are available for inspection for public inspection in the office of the Town Clerk during nonnal business hours and which notice shall contain . INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for February 23, 2010 at the Council Chaixibers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on February 9, 2010. Ronald C. 'Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to finial action by the Town Council. .ATTEST, APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, flown Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on February 23, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord 10 -02 Adopting 2009 IBC 2 -9 -10 Page 39 of 39 Memo To: Thru: Legal Review: Approved by: From: Date: Re: Summary: Honorable Mayor and Town Council Initials Larry Brooks, Town Manager Eric Heil, Town Attorney Sally Vecchio, Asst Town Manager, Com Dev Matt Gennett, AICP, Planning Manager February 4, 2010 Ordinance No. 10 -03, Series of 2010 During the Citizen Input item of the January 26, 2010 Town Council meeting, Chris Kline a resident living at 630 West Beaver Creek Blvd, addressed the Council in response to receiving a "Notice of Violation" letter stating that he had to replace the outdoor lighting fixtures on his home, pursuant to Chapter 15.30, Avon Municipal Code. Mr. Kline did not feel it was fair that the requirements of the Outdoor Lighting Ordinance (OLO), adopted in 2004 would apply to his pre - existing home. In response to this complaint, and after further discussion and consideration, Staff was directed to draft an ordinance extending the commencement of the enforcement date in the OLO from the November 17, 2009 until June 15, 2011. Previous Council Action: The Town Council identified the need for increased outdoor lighting regulations beginning as early as the spring of 2004. Staff was directed to investigate and propose a solution to this issue because of the significant growth and building activity the Town was experiencing. After several months of consideration, public hearings (including a night -time tour of existing outdoor lighting), discussions with the Community Development Subcommittee, Planning and Zoning Commission, the Town Council approved Ordinance 04 -19 in November of 2004. The governing legislation in this Ordinance states: "all exterior lighting installed after the effective date shall conform to the standards established. All existing lighting installed before the effective date of the Ordinance shall be brought into conformance within five (5) (5) years from the date of adoption... or by November 17, 2009. (AMC 15.30.030)" Background: The background of the OLO is extensive, dating back to early 2004. The importance of having a dark, night sky to the Town of Avon has been a continuing theme ever since adoption of the OLO as emphasized with the well- scrutinized design review of all new residential and commercial lighting applications. The 2006 Comprehensive Plan reinforced the regulations and the Town's policy direction on this matter with Policy H3.4 which states: Ensure outdoor lighting does not create undesirable light pollution and complies with the "Dark Sky Ordinance" Revisit the ordinance as needed to ensure it is achieving the desired goals. Public outreach and education with respect to the mandatory compliance requirement of the OLO has been extensive. In addition to the workshops and public hearings on the front -end of the approval process, the Planning staff increased public awareness efforts with the publication and distribution of the Avon Lighting Ordinance User's Guide (Attachment B). Some large properties formerly in violation of the OLO, including the Eaglebend Apartments, have since come into compliance with the requirements of the OLO at great expense. This property can be viewed as a successful example that demonstrates how excessive light and glare can be reduced when light fixtures are either replaced or retrofitted. Discussion: Staff will provide the Council with a presentation during the hearing demonstrating the state of compliance within the regulations and highlighting the extent to which the Town has invested in meeting the stated purpose and intent of the OLO, and the Avon Dark Sky Preservation Initiative. Financial Implications: Based on early direction from Council, the Town was held equally liable for replacement of their own fixtures pursuant to the new lighting standards. The 5 -year CIP budget annually included funds for regular replacement of existing street lights beginning in 2006. While this approach has been rather costly for the Town, it highlights the fairness of the regulations, and demonstrates that the Town is working diligently to remedy all violating fixtures in a timely manner. The Town has also achieved a significant level of compliance with commercial properties in Town Center. The Town has spent an estimated $650,000 on the appropriate retrofitting and replacement of Town -owned streetlights and corresponding fixtures to achieve compliance since adoption of the OLO. Staff has estimated that an average residential or commercial light fixture retrofit or replacement costs approximately $25/ per fixture. This estimate is based on a review of the average cost of fixtures or shading attachments from local outdoor light- fixture retailers and other providers. Recommendation: Citing the findings detailed above, which indicate that the OLO continues to achieve its stated intent, and compliance continues with the retrofitting /replacement of fixtures or by new construction utilizing compliant light fixtures, Staff recommends the Council TABLE Ordinance10 -03, Series of 2010, to allow the staff to adequately research the effectiveness of Chapter 15.30 (AMC) in accordance with the procedural requirements stated therein. • Page 2 Proposed Motion: "I move to TABLE Ordinance No. 10 -03, Series of 2010, citing the pertinent findings of fact and criteria provided by staff in their memorandum to council dated February 4, 2010." Town Manager Comments: Exhibits: A. Ordinance No. 10 -03, Series of 2010 B. Town of Avon Lighting Ordinance User's Guide C. Avon Dark Sky Preservation Initiative • Page 3 Exhibit A TOWN OF AVON, COLORADO ORDINANCE NO. 10 -03 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 15.30.030 OF THE AVON MUNICIPAL CODE TO EXTEND THE DEADLINE FOR COMPLIANCE WITH ORDINANCE NO. 04 -19, SERIES OF 2004, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, pursuant to C.R.S. §31 -15- 103, §31 -15- 104, §31 -23 -301 et. seq. and §29 -20 -101 et. seq. and pursuant to the home rule powers of the Town of Avon ( "Town "), the Town Council has the power to make and publish ordinances necessary and proper to regulate the use of land and provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Ordinance No. 04 -19 was adopted in November, 2004 and established the "Avon Dark Sky Preservation Initiative" program which requires all existing lighting fixtures installed before the effective date of the ordinance brought into conformance with the new lighting standards within five (5) years from the date of adoption of the ordinance or by November 17, 2009 ; and, WHEREAS, there is a public purpose in temporarily relieving the general public of the potentially burdensome cost of complying with Chapter 15.30 Outdoor Lighting Standards, Sec 15.30.030, Applicability, of the Avon Municipal Code by extending the deadline for compliance from November 17, 2009 to June 15, 2011; and WHEREAS, the Town Council finds that extending the Outdoor Lighting Standards' compliance deadline from November 17, 2009 to June 15, 2011 will not adversely affect the health, safety and general welfare of the residents of Town; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1 Recitals Incorporated: The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2 Repealed: Section 15.30.030 of the Avon Municipal Code is hereby repealed in its entirety and reacted to read as follows: Ordinance No. 10 -03 Outdoor Lighting, February 9, 2010 Page 1 of 3 "15.30.030 Applicability The lighting standards of this Chapter shall be applicable to all exterior lighting within the Town of Avon. All exterior lighting installed after the effective date of this Chapter shall conform to the standards established by this Chapter. All existing lighting installed before the effective date of this Chapter shall be brought into conformance by June 15, 2011." Section 3 Codification Amendments: The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4 Severability: If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5 Effective Date: This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6 Safety Clause: The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7 No Existing Violation Affected: Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and Ordinance No. 10 -03 Outdoor Lighting, February 9, 2010 Page 2 of 3 for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8 Publication by Posting: The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING on February 23, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado on the February 9, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on February 23, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ordinance No. 10 -03 Outdoor Lighting, February 9, 2010 Page 3 of 3 Exhibit B V o C o L o RA o o Town of Avon Lighting Ordinance User's Guide In November of 2004, the Town of Avon passed a Lighting Ordinance (Ordinance #04 -19) that applies to all residential and commercial exterior lighting within the Town. The goal of the ordinance is to reduce light pollution and glare experienced from poorly designed and installed light fixtures while promoting adequate light for safety and security. The ordinance features a five -year horizon date that requires all existing non - conforming outdoor light fixtures to comply with the ordinance by November of 2009. In some cases, this may require the replacement of existing fixtures that do not comply with the ordinance. The purpose of this guide is to provide the residents and business owners of Avon a variety of illustrative examples of compliant and non - compliant light fixtures. The following light fixtures are considered "full- cutoff' and compliant with Avon's Lighting Ordinance. Wall recesse( G Glare Buster patent design cutoff Full Cutoff Shaped sconce Compliant "Full Cutoff' fixtures (cont'd) i - s ra Completely downcast canister Industrial styled residential full cutoff Fixtures that have a maximum output of 1,000 lumens (equal to one [60] watt incandescent light), may be partially shielded provided the bulb is not visible, and the luminaire has an opaque top or is under an opaque structure utilizing frosted, opalescent, or iridescent glass. The following light fixtures are "partially shielded" and would comply with the Ordinance only with a bulb output of less than 1,000 lumens. s _ Wall mounted, frosted glass Shielded on top with frosted glass Acceptable partially shielded fixtures (cont'd) yti s .a. I ij M l Partially shielded with opalescent glass Wall mounted with frosted glass Frosted glass with shielded top Partially shielded entry fixture with opalescent glass with colored opalescent Was The following examples are compliant with the Ordinance and may be used for commercial, security or parking lot lighting. Full cutoff parking light }'ky I� r f i Full cutoff commercial fixture Compliant "wall pack" design fixture F Full cut off "wall pack" with more side spread Fully recessed canopy fixture Floodlights With external shielding, floodlights are permitted in Town provided that no light is directed above a twenty -five (25) degree angle and only if the fixture does not cause glare or light to shine on adjacent properties or public rights -of -way. (See Figure 2) 4 s t � 1 � 1 Compliant floodlight angle Wall mounted floodlight with acceptable angle The following light fixture examples DO NOT comply with the Town Lighting Ordinance: Kd96f BK Globe style NOT `partially shielded" Hanging fixture with clear glass i i y rx- Visible bulb and clear glass Improperly aimed high output flood light i t Iii 1 Clear glass with exposed bulbs 'Wall pack" design with visible bulb y y f No up lighting is permitted (except for flag lighting) Inproperly aimed floodlight Prior to the retrofitting of any current non - compliant light fixtures, it is highly recommended that contact be made with the Community Development Department. A lighting cut sheet is required in order to determine if conformity with the Ordinance is possible. l This user's guide is not an endorsement of any manufacturer or any product by the Town of Avon. It is simply a guide to illustrate that there are a number of styles of lighting that are compliant with Avon's Lighting Ordinance. Sources include: www.darksky.org / fixtures /res.html, www.homedepot.com, www.seagulllighting.com, www. kichier.com /kichiercatalog.jsp, www.regentlighting.com Exhibit C Avon Dark Sky Preservation Initiative A e VALM, i I . , C O L O R A D O Prepared by the Community Development Department 400 Benchmark Road Avon, CO 81620 (970) 748.4030 November 9, 2004 What is the vision for Avon? Avon is unique due to its duel role as a year -round community serving the needs and interests of those that live and work within the community full -time and as a resort community that hosts both short and long -term visitors. The juxtaposition between these two functions has often made planning and decision- making for the Avon community and its leaders challenging. During this planning process it became apparent, however, that much of what the community expressed in terms of values, beliefs, and desires for Avon's future could in fact provide a synchronized direction for many of the unique issues and concerns associated with each of Avon's two identities. Put in simple terms "A great place to live is also a great place to visit, and conversely, a great place to visit should certainly be a great place to live." From the understanding that Avon's duel role as a community for year -round residents and as a destination resort community could and should be mutually supportive, a set of core themes were identified that provide an overarching direction for the Comprehensive Plan and its implementation. • Sense of place and character. Avon will be a fully developed community made up of smaller residential neighborhoods and a thriving Town Core that collectively provide a unique sense of place and charm that is not only enjoyed by those that live and work here year- around, but that is enviously enjoyed by those that come to visit. • Thriving center of activity and entertainment: Avon will provide the Eagle Valley with exceptional and unique shopping, dining, entertainment and recreational opportunities. • A vibrant economy: Avon will maintain a strong and sustainable year -round economy through partnerships with local businesses and resort operators. • Connectedness to cultural and environmental heritage: Avon will provide exceptional art, architecture and cultural events and facilities, along with strong connections to its spectacular scenery, ample outdoor recreational opportunities, and its ranching and agricultural heritage. • An exceptional transportation and transit network: Avon will offer a state -of- the -art multi -modal transportation system that provides convenient, efficient, clean links throughout the town, to ski area base facilities, and the entire Eagle Valley region. • Cooperative partnership with Beaver Creek: Avon will provide more than just a gateway to the Beaver Creek resort area, but is a partner working cooperatively with Beaver Creek in order to achieve mutual enhancements and the success of both communities. How does a Dark Sky relate to the Town vision? Access to a clear and visible night sky is a strong value to our community. Across the United States, especially in urban areas, access to a clear sky is no longer possible because of poor exterior lighting. Over lighting of developments is unnecessary and obtrusive. In order for Avon to fully achieve its vision, it needs to ensure that the Town is a livable community for residents and a world -class experience for guests and visitors. Light pollution is a threat to our clear night skies that are a significant part of the Rocky 2 Mountain West. Night lighting on a site is desirable for safety and aesthetic purposes, but in no case, needs to detract from our western heritage. Night Sky with city over lighting Night Sky with no sky glow What is the objective of this regulation and the program? The Dark Sky Preservation Initiative (DSPI for short) is a program implemented by Town staff to provide the community with a measurable tool that supports the general goals and objectives of the "Outdoor Lighting Ordinance" adopted in 2004. The Town of Avon is experiencing a significant increase in the use of exterior illumination. Town residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. Both residents and guests recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, and limits their ability to enjoy the nighttime sky. Through the adoption of Ordinance 04 -19, elected officials decided the following six main goals were critical in regulating exterior lighting: • Promote adequate light for safety and security; • Reduce light trespass beyond property lines, and offensive light sources; • Prevent inappropriate and poorly designed or installed outdoor lighting; • Reduce glare; • Reduce nighttime light pollution and to protect and reclaim the ability to view the night sky by restricting the unnecessary upward projection of light; • Phase out existing non - conforming fixtures that violate this chapter, including those owned by the Town; Satellite Imagery showing light pollution in US urban areas How will we know if we are making a difference? The DSPI is based on several qualitative objectives and premises: ➢ A baseline measurement of total observable lumens at select points (public/private interfaces) in the Town Core of Avon will establish existing lighting levels (i.e. prior to phase out of non - compliant light fixtures). ➢ A regular and consistent measurement of these fixed locations over time should indicate whether lighting levels are static, worsening or changed as a result of the regulatory requirements of the ordinance. ➢ A report of findings at least five years after the adoption of this ordinance should indicate whether or not we've been effective at enhancing access to a clear night sky, and whether or not the goals and objectives of the ordinance are sufficient or need further refinement. (Insert picture of Lumen meter with Matt at a location) 4 In summary, the DSPI program gives us a "real time" tool to measure and evaluate a new regulation. While it is qualitative in nature, data will be consistently collected and evaluated. Dark Sky Preservation Initiative: Sample Data Form Location: Avon Road / Roundabout #3 Date: January 3rd Year: 2005 Quarter: 1St Time: 9:OOpm Inspector: Matt P. Conditions /'Humidity: Clear, new moon, 11' H Location Diagram: GPS Locations: P1: P4 0 0 Pi P2: P3: P4: #3 P3 0 i P2 I North Observable Readings (in Fc): P1:N /S /E /W— P2: N /S /E /W— P3: N /S /E /W— P41: N /S /E /W Unit Type: Extech 407026 : Selection(s): S & F Set Range: 200 -2000 Aggregate Reading: P1 P2 P3 P4_ Average for this site: 5 What type of light fixtures are acceptable? The following figures illustrate examples of acceptable and unacceptable types of outdoor lighting fixtures. Note that even those types of fixtures shown as "acceptable;" must be installed and aimed properly to comply with this Avon's Lighting Ordinance. It is also important to note that fixtures with a maximum output of 1,000 lumens (equal to one [60] watt incandescent light), may be partially shielded provided the bulb is not visible, and the luminaire has an opaque top or is under an opaque structure utilizing frosted, opalescent, or iridescent glass. The following light fixtures are considered "full-cutoff" and compliant with Avon's Lighting Ordinance. Compliant "Full Cutoff' fixtures Industrial stvled residential full cutoff The following examples are compliant with the Avon's Lighting Ordinance and may be used for commercial, security or parking lot lighting. f, Full cutoff parking light Parking/Security pole mounted fixture 6 The following light fixtures are "partially shielded" and would comply with the Ordinance only with 1) a bulb output of less than 1,000 lumens, or 2) provided that the light is effectively contained by a structure. Partially Shielded Fixtures wall mountea, trostea glass i� s� .s Shielded on top with frosted glass Floodlights: With external shielding, floodlights are permitted in Town provided that no light is directed above a twenty-five (25) degree angle and only if the fixture does not cause glare or light to shine on adjacent properties or public rights -of -way. (See Figure 2) Figure 2 1 1 1G � 1 � 1 1 Compliant floodlight angle 7 Wall mounted floodlight with acceptable angle The following light fixture examples DO NOT comply with the Town Lighting Ordinance: Improperly aimed high output flood light "Wall pack" design with visible bulb Prior to the retrofitting of any current non - compliant light fixtures, it is highly recommended that contact be made with the Community Development Department. A lighting cut sheet is required in order to determine if conformity with the Ordinance is possible. HEIL LAW & PLANNING LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: February 4, 2010 SUBJECT: Traer Creek Plaza Condominium Application Summary: The Town Clerk has determined that the Traer Creek Plaza Condominium Application is not eligible for placement on the Town Council agenda based on memorandum provided by myself and Sally Vecchio, Community Development Director. The applicant has the right to appeal this decision to the Town Council. Please see the attached letter from Patty McKenny, Town Clerk (without attachments). I will provide an update on this application during the Town Attorney report of the regular meeting agenda. Heil Law & Planning, IIC Eric Heil, Esq., A.I.C.P 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheilCavon.org C 0 L 0 R A D 0 January 3, 2010 Helaine R. Smith Johnson & Repucci, LLP 2521 Broadway, Suite A Boulder, CO 80304 Dear Ms. Smith, Avon... a smoke free community Post Office Box 975 One Lake Street Avon, Colorado 8 620 970 - 748 -4000 970 - 949 -9139 Fa Relay recognized www.avon.org Please be advised that I am not placing the Traer Creek Plaza Condominium application ( "Application ") on the Town Council meeting agenda for February 9, 2010, or on a later Town Council meeting agenda, based on my authority under Avon Municipal Code, Section 16.12.050. 1 have determined that the Application is not in compliance with the standards of the applicable regulations as identified by Sally Vecchio, Community Development Director; therefore, I am not placing the Application on a Town Council agenda pursuant to Avon Municipal Code Sec. 16.12.050(b). Also, I have determined that Traer Creek Metropolitan District is effectively a co- applicant of the Application and is currently in default under the Village at Avon Annexation and Development Agreement with the Town based on the memorandum from Eric Heil, Town Attorney; therefore, I am not placing the Application on a Town Council agenda pursuant to Avon Municipal Code Sec. 16.12.050(c). In accordance with Avon Municipal Code Sec. 16.12.050(d), you have the right to appeal the ruling of the Town Clerk to the Town Council. Any appeal must be submitted in writing to my office at least ten days prior to the regular meeting at which the appellant wishes to be heard. Sincerely, Patty McKen , ow Clerk Town of Avo Attachments: ✓ Memorandum from Sally Vecchio, Community Development Director, dated February 1, 2010 ✓ Memorandum from Eric Heil, Town Attorney, dated February 2, 2010 cc without attachments: ✓ Sally Vecchio, Community Development Director ✓ Eric Heil, Town Attorney ✓ Larry Brooks, Town Manager TOWN OF AVON, COLORADO A VTO N AVON WORK SESSION MEETING FOR TUESDAY, FEBRUARY 9, 2010 MEETING BEGINS AT 3:45 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW."ON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3:45 PM — 4:15 PM 2. COUNCIL COMMITTEE AND STAFF UPDATES a. Upper Eagle Regional Water Authority Meeting Update (Brian Sipes, Councilor) b. Eagle County Open Space Advisory Committee Meeting Update (Ron Wolfe, Mayor) c. Update on Joint Meeting of Mayors and Managers: Transit Action Group (Ron Wolfe, Mayor, Larry Brooks, Town Manager) d. Recreation Center: Proposal for Physical Therapy Services (Meryl Jacobs, Recreation Director) Review proposal for leasing space for physical therapy services in 2010 e. Community Heat Recovery Project Update (Jeff Schneider, Project Engineer) 4:15 PM — 5:00 PM 3. GREENPORT INITIATIVE (Ross Graves & Vince Cook, GreenPort Sustainable Communities Corporation) Introduce the Greenport Initiative and Resolution in support of the "transit oriented Economic Development Corridor' 5:00 PM 4. ADJOURNMENT Avon Council Meeting. 10.02.09 Page 1 of 5 Memo To: Honorable Mayor & Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorneyl Approved by: Meryl D. Jacobs, Director of Recreation From: Meryl Jacobs, Director of Recreation John Curutchet, Recreation Superintendent Steve Duckworth, Maintenance Supervisor Date: January 29, 2010 Re: Physical Therapy proposal at Recreation Center Summary: Since the economic decline in 2008, the Recreation Department has been actively pursuing ideas for revenue generation and better utilization of space at the ARC. In the past, staff has explored the concept of leasing a small portion of the recreation center to an outside entity in order to enhance revenue, improve utilization of existing space and provide a needed service to the community. This memo will highlight what we believe to be a new "recession proof' leasing concept and a timeline for implementation in 2010. Previous Council Action: In April of 2009 staff presented a concept to council which recommended the relocation of babysitting to the staff offices adjacent to front desk and operating a licensed preschool in the existing babysitting space. Council expressed initial support for the idea and instructed us to bring back additional information regarding the interest level of local providers and information regarding IRS rules that may limit the Town's ability to lease the space. Staff learned that the revenues generated from a leasing concept would fall well under the IRS 10% private activity rules regarding tax exempt financing. However, within a month of the council presentation, the local preschool industry began to falter. It became clear that the interest level amongst local licensed providers was waning. As a result of this we began to look at options that were less likely to be influenced by the recession. Discussion: The concept that staff is now recommending is leasing space from the ARC to a physical therapy provider. A successful model of this type of partnership is currently in place at the Gypsum Recreation Center between WECMRD and Howard Head. An agreement between the two entities outlines the conditions of the lease and the rules of engagement. The healthcare industry has remained stable throughout the recession and staff believes that this model could be successful for the Town of Avon. In addition, we have spoken to several local PT providers who have expressed enthusiasm for the idea and are interested in submitting a proposal. Attached for council review is the footprint of the area being considered (approximately 600 square feet) the cost estimate to remodel the area and a list of physical therapy offices that have been contacted. Detailed below are the steps that would be followed in order to initiate a lease by June of 2010. Project Schedule February 9ih Council Approval of concept February 23rd Resolution, agreement and RFP to council February 260' Invitation to bid March 8ih Pre -bid meeting April 5th Award bid April 6h-30'h Layout developed May 2nd -8th Construction June 1St Lease begins Financial Implications: Staff anticipates this program generating anywhere from $16,000 to $18,000 ($28 -$30 /square foot x 600 square feet) annually as well as having potential to draw new patrons to the Recreation Center. The estimate of remodeling expenses is less than $10,000 and will not require a revision to the 2010 budget. Recommended Action: Authorize staff to proceed with adoption of Resolution, RFP and Lease Agreement for physical therapy lease at the February 23rd council meeting after which staff will carry out the above detailed project schedule. Town Manager Comments: Attachments: A: Footprint of space B: Cost estimate of remodel C: List of providers contacted 5L,,G+ MMA 3L-O�, Oo is J`f me `i ry ear 7,4 Staff office/Loung-e area remodel Work done in house Contracted out approx. cost Wall Demo X N/a Electrical removal X N/a Drywall repair X 400.00 Ceiling grid repair X 600.00 Carpet X 2600.00 Sink Install with vanity (Marble) X 1300.00 Wall Partition for Time clocks X 700.00 Paint X 200.00 Wall Base X 300.00 Incidentals Screws,drywall mud X 150.00 Window installation in hallway (4' x 6') X 700.00 TOTAL 6950.00 Contingency @ 10% 695.00 Grand Total 7645.00 �#achnwerz f 6, LIST OF PHYSICAL THERAPY BUSINESSES CONTACTED • *Ascent Physical Therapy, Avon • Dave Blanchard, MPT, Edwards • David Honda, Vail, Edwards, Eagle • Howard Head Sports Medicine, multiple locations throughout Eagle County • Jointworx Physical therapy, Edwards • *Therapy Masters, Avon *have expressed sincere interest thus far IIQC-A✓N eh f c Memo To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Assistant Town Manager From: Justin Hildreth, P.E., Town Engineer ' Jeffrey Schneider, P.E., Project Engineer Date: February 4, 2010 Re: Community Heat Recovery Project Update Summary: This memorandum is to provide Town Council with an update on the progress of the Community Heat Recovery Project. This project will utilize the heat energy in treated wastewater effluent from the Avon Waste Water Treatment Facility (WWTF) to heat the Recreation Center swimming pools and eventually provide snowmelt energy for Main Street. The project consists of installing pumps, heat exchangers, process piping, and other new equipment in a building at the Avon WWTF and trenching heat supply and return lines to another new building to be located immediately east of the Recreation Center. The project is partially funded by a grant from the Governor's Energy Office through the Colorado Department of Local Affairs (DOLA) and is being conducted in partnership with the Eagle River Water and Sanitation District ( ERWSD). The project is progressing well and is within schedule and budget. Previous Council Action: Town Council approved the grant agreement with DOLA at the April 28, 2009 regular meeting. The intergovernmental agreement between ERWSD and Town of Avon (TOA) was approved at the May 26, 2009 regular council meeting. The Design Services Contract was awarded to Camp, Dresser, and McKee, Inc. (CDM) at the June 23, 2009 regular council meeting. A previous project update was given to Council at the November 10, 2009 meeting. Discussion: The design phase of the Community Heat Recovery Project is near completion and is beyond the ninety percent (90 %) level. The buildings were presented to the Planning and Zoning ( P & Z) Commission and a conditional approval was received. The Heat Pump Building at the WWTF site was approved without conditions, and the approval for the Heat Distribution Building at the Recreation Center was conditioned upon submission and approval of a Landscaping Plan to P & Z prior to issuance of a building permit. The Commission felt that the proposed building lacked adequate screening. Town Staff is preparing a plan which addresses their concerns, namely transplanting the large pine trees in the area to screen the building and removal of approximately 6 additional parking spaces to provide for additional landscape area. Staff feels that this option accomplishes the screening goals while minimizing additional disruptions and reductions to parking, while minimizing additional construction costs. A draft site restoration plan is attached as Exhibit A to this memorandum. The 90% construction drawings have been reviewed by Town Staff and ERWSD personnel, and the drawings were presented to the ERWSD Construction Review Committee on February 3, 2010. Feedback is being incorporated and the contract drawings and documents are being finalized for submission of bid drawings on February 18, 2010. A construction cost estimate was also completed at the 90% level and is discussed in greater detail in the Financial Implications section of this memorandum. Future project milestones and their approximate dates are shown below: • Project Bid Timeframe: February 19 — March 19, 2010 • Open Bids: March 19, 2010 • Evaluate Bids: March 22 — April 6, 2010 • Award Construction Contract: April 13, 2010 • Notice to Proceed: April 27, 2010 • Preconstruction /Procurement/Submittals: April 28 —June 4, 2010 • Construction: June 7 —November 10, 2010 • Startup /Commissioning /Acceptance: November 11, 2010 —January 24, 2011 • System Performance Testing: December 27, 2010 —August 11, 2011 Financial Implications: The Design Budget for the Community Heat Recovery Project contains a total of $740,000 for design services, comprised of $690,000 in CIP funds and $50,000 of in -kind services from CDM. The 2010 CIP budget contains a total of $3,794,206 for construction. The Cost Estimate competed at the 90% design stage totals $3,565,483, meaning that the project will likely be within budget. The actual project budget will be prepared once construction bids are received and a contractor is selected. Revenue for the project, in addition to TOA CIP funds, is provided by $332,400 in cost sharing with ERWSD and $1,350,000 in grant funding from Colorado DOLA. Attachments: Exhibit A — Draft Site Restoration Plan, Heat Distribution Building Town Manager Comments: • Page 2 LEGEND 6' CONIFEROUS TREE (WITH TRUNK DIAMETER) 4" DECIDUOUS TREE (WITH TRUNK DIAMETER) E) RW PLANTING (TYPE) BH Qk HP GEOTECH BORING LOCATIONS EX. AIR INTAKE TRASH ENCLOSURE fflimmommum[NA ■ ■ ■ ■ ■ ■ 4-8.8 \\ 9 El' 7,, " i / 1*4, • 2" LIP AT ORS ■ 12 ronsoit ) B \ \ / 1 12" 7-,o �A \1 ft, V10- (re nsp nted OCA ?MAP NOT To Sc, c LE ✓601) EA HEA T DIS IRIBU TION BUILDING j" 1, 612 SO. FT %♦ E GAS M / 1*4, • 2" LIP AT ORS ■ 12 ronsoit ) B \ \ / 1 12" 7-,o �A \1 ft, V10- (re nsp nted OCA ?MAP NOT To Sc, c LE ✓601) Z Ali 4 tarion Uople (NEW) # 41 Flt•l Fl FIFV = 745q4i . Af 7 (c 1 4 I* �j 0 LI 7 01 �4 IAC o Q) A lm QL 4' c- EX FENCEI' V, 4 1 �(,f/ 1 1 �i"�M1 � j PRELIMINARY NOT FOR CONSTRUCTION Inter-Mountain ENGINEERING & DESIGNED Br Kme VERIFY SCALE PROJECT NO. 67418-72246 DPAWN B. Kme cm TOWN OF AVON FILENAME: SHEET c WD E RRY 555 17th Cmpl)�S1 &McKm EAGLE COUNTY, COLORADO 81620 SNOWMELT BUILDING . SLft 1100 SHEET NO. CROSS CHN 1) 2 RRY D. CoW" 8=2 THIS BAR Is APPF. vED Er Kme TN: (303) 303-2300 ONE LONG HEAT RECOVERY PROJECT RESTORATION PLAN R REMARKS DECEMBER 2009 ..Wft - w4�ft - wo—tion, qmmtlons AT FULL SCALE C-09 NO. DIIE EA j" %♦ E GAS M 12 4W Z Ali 4 tarion Uople (NEW) # 41 Flt•l Fl FIFV = 745q4i . Af 7 (c 1 4 I* �j 0 LI 7 01 �4 IAC o Q) A lm QL 4' c- EX FENCEI' V, 4 1 �(,f/ 1 1 �i"�M1 � j PRELIMINARY NOT FOR CONSTRUCTION Inter-Mountain ENGINEERING & DESIGNED Br Kme VERIFY SCALE PROJECT NO. 67418-72246 DPAWN B. Kme cm TOWN OF AVON FILENAME: SHEET c WD E RRY 555 17th Cmpl)�S1 &McKm EAGLE COUNTY, COLORADO 81620 SNOWMELT BUILDING . SLft 1100 SHEET NO. CROSS CHN 1) 2 RRY D. CoW" 8=2 THIS BAR Is APPF. vED Er Kme TN: (303) 303-2300 ONE LONG HEAT RECOVERY PROJECT RESTORATION PLAN R REMARKS DECEMBER 2009 ..Wft - w4�ft - wo—tion, qmmtlons AT FULL SCALE C-09 NO. DIIE GreenPort February 3, 2010 Mayor Wolfe and Avon Town Council: On behalf of GreenPort Sustainable Communities Corporation, we appreciate the opportunity to update the Mayor and Town Council on our ongoing progress with the GreenPort initiative. We have included a draft resolution of support for your review and will give a brief presentation on the project and where we currently stand on a number of important benchmarks. We appreciate this opportunity to present our vision. Ross Graves Vince Cook To: GreenPort Sustainable Communities Corporation, a non - profit, Colorado 5 01 c3 Corporation Executive Director Vincent Cook and Executive Director Ross Graves Subject: The GreenPort Initiative and Resolution To Proceed The Undersigned, The Avon Town Council, in concert with the Towns and Communities of the Vail Valley, do hereby support the GreenPort Vision and Goals, and the Proposal submitted. The Undersigned acknowledges that the Goals proposed are important to the economic and environmental well being of Eagle County as a whole, and, Towns and Communities in specific. The Undersigned do intend to formally support the goals proposed as a long -range commitment to a stimulus activity, which would result in job creation, and job replacement, by establishing a unique transit orientated Economic Development Corridor. A Vail Valley wide Master Plan, to be developed, for a new Greenport Development Corridor and Rail Transit System would connect workforce, businesses and tourism with an advanced rail/bus transit system and would incorporate leading edge green technology. The Undersigned further support the formation of the GreenPort 501c3 organization as a Colorado private - public corporation and intend to operate in a cooperative partnership to achieve the Goals outlined. The Undersigned, in cooperation with other Towns and Communities and, the Eagle County Commissioners, do intend to authorize 2010 seed funding to initiate 2010 GreenPort master planning and Grant submissions. Further, during the first 120 days, starting Feb. 1, 2010, it is understood that a "Consortium of Towns and Communities" will be formed, as well as a Board of Directors for the GreenPort Sustainable Communities organization, of which the Town of Avon will be a member. A Joint Agreement, which further defines the roles of each Town or Community, and, also defines the powers and statutory authorities reserved to the Towns and communities, will be defined jointly with all Partners of the Consortium. The Avon Town Council, Minturn. Colorado