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TC Council Packet 04-13-2010TOWN OF AVON, COLORADO AVON REGULAR MEETING FOR TUESDAY, APRIL 13, 2010 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."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. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY & CITIZEN INPUT a. Tambi Katieb, Eagle River Watershed Council, Submit invitation to April 14th State of the Rivers Report Open House to be held at Avon's Town Hall b. James Van Beek Eagle, County Resident, Running for Eagle County Sheriff November 2010 Election c. Xterra Mountain Cup Event July 17, 2010 (Peter Dann, Executive Vice President Director of Operations East West Resorts) Review request for waiver of certain fees related to the Xterra Mountain Cup event d. Connect Avon Now "CAN" Focus Group Comments (Jaime Walker, Community Relations Officer) Review "CAN" focus group comments and next steps 5. CONSENT AGENDA a. Minutes from March 23, 2010 b. Nottingham Lake Fishing Pier Project Construction Contract Award to Thrasher, LLC (Shane Pegram, Engineer II) Proposal to award professional services agreement to Thrasher, LLC for the construction of the Nottingham Lake Fishing Pier project c. Avon Community Heat Recovery Construction Contract Award to GE Johnson, Inc. (Jeff Schneider, Project Engineer) Proposal to award professional services agreement to GE Johnson Inc for the construction of the heat recovery facility d. Resolution No 10 -13, Series of 2010, A Resolution of Support for a Colorado Department of Transportation (CDOT) Grant Application for Construction of Recreational Trail Improvements Along Highway 6 between Avon Road and the Eagle Vail Interstate 70 Interchange, Town of Avon, Eagle County, Colorado (Jeff Schneider, Project Engineer) Support of a CDOT Grant application in partnership with EOC trails and Eagle County to continue the Eagle Valley Core Trail along the Highway 6 corridor 6. NEW BUSINESS a. Appeal the Denial of Real Estate Transfer Tax Exemption Application (Joseph Frasco) Review of RETT Exemption Request on Westin Riverfront residence Avon Council Meeting. 10.04.13 Page 4 of 5 TOWN OF AVON, COLORADO wyok AVON REGULAR MEETING FOR TUESDAY, APRIL 13, 2010 MEETING BEGINS AT 5:30 PM AvON TOWN HALL, ONE LAKE STREET 7. RESOLUTIONS a. Public Hearing on Resolution No 10 -12, Series of 2010, A Resolution to Amend the Town of Avon Capital Projects Fund Budget (Scott Wright, Assistant Town Manager Finance) Review supplemental budget amendment for Capital Fund which addresses carryover of unspent appropriations from the prior year 8. ORDINANCES a. Ordinance No 10 -06, Series of 2010, Ordinance Enacting Weed Control Regulations (Jenny Strehler, Director Public Works Transit) Proposed amendments that provide for current and clearer language associated with weed control which would improve the town's ability to regulate the problem of noxious weeds b. Ordinance No 10 -07, Series of 2010, Ordinance Repealing and Reenacting Avon Municipal Code Chapter 8.32 Wildlife Protection Regulations (Matt Jamison, Police Services Officer) Proposed amendments to wildlife protection regulations that better defines what is required of residential and commercial property owners 9. TOWN MANAGER REPORT 10. TOWN ATTORNEY REPORT 11. MAYOR REPORT 12. ADJOURNMENT FUTURE COUNCIL AGENDA DATES & PROPOSED Topics: April 20th: Joint Work Session at P &Z Commission Meeting April 27th: Avon Development Code, Planning & Zoning Member Appointments, Transportation Visioning Resolution May 11th: Joint Work Session w/ P &Z to discuss Avon Development Code Avon Council Meeting. 10.04.13 Page 5 of 5 To: Thru: Legal Review: Approved by: From: Date: Honorable Mayor & Town Council Larry Brooks, Town Manager Eric Heil, Town Attorney Meryl D. Jacobs, Recreation Director V ` qk Meryl D. Jacobs, Recreation Director Danita Chirichillo, Special Events Supervisor March 29, 2010 Re: Fee waiver request from XTERRA Mountain Cup Summary: Attached for council consideration is a fee waiver request from Peter Dann, event volunteer for the XTERRA Mountain Cup. Mr. Dann initially directed his request to the Recreation Department and was advised that staff does not have the authorization to waive permitting fees and associated event costs. It was Mr. Dann's desire to speak to council regarding this request. History: As council is aware, XTERRA has been utilizing Nottingham Lake for the 1 mile swim portion of the event since its inception in 2008. The 15 mile mountain bike course and 5.75 mile run takes place in Beaver Creek, along with the awards ceremony. Last year 375 athletes participated at approximately $95 per individual. There is a $10,000 pro prize purse offered. The Westin came on board last year as the host hotel for the event. This event is classified as a "turnkey" event for the Town as it is organized by an outside entity. This means basically that the Town offers the desired venue (lake) and minimal support services as necessary. Additional staff time and all operational costs are typically born by the event promoter. Discussion: This year XTERRA is requesting that the Town waive the following fees and costs: Special event permitting fee: $100 ($250 deposit is refundable providing no damage) Sound permit: $25 Police Officers: $322 (2 officers x 3 hours x $53/hr.) Lifeguards: $399 (3 guards x 7 hours x $19/hr.) Port-o -lets: $525 (6 x $75 plus $75 delivery fee) Total request: $1371 Recommended Action: Staff is recommending that council deny Mr. Dann's request for funding due to the following reasons: • The waiver of permitting fees will set a precedent and possibly impact other events that have consistently paid permitting fees for utilization of Harry A. Nottingham Park. See list of all turnkey events that pay permitting fees. • The operational costs such as police, lifeguard staff and port-o -lets are not allocated in the 2010 budget. Staff attempts to recover additional operational costs on all turnkey events in order to minimize their impact on the Town. The Town values the partnership that has been established with XTERRA Mountain Cup and recognizes the positive impact that the event has on our community. We do offer the natural resource of the lake, parks and special event staff assistance on event day and marketing exposure at no cost to XTERRA. Town Manager Comments: Attachment: A: Turnkey events permit fee revenue projection (2010) B: Peter Dann's fee waiver request letter -i O N O CO) c *< W ;1 -u C) < d. n � - 40-1>0<<<T 0 c W 3 C W W W 0 O C 0 3 W 6 W@ 7 S �. 0 01 0 C 0 T C o W E- �• 0 O 0r-0 C 01 01 -"m y D CT �_� 7— m Q o W > j 7 �caanCD 7 0 7 0 7 0 �7C� 7 01 S C) �y o.�v, m C M CD 3 7 0- rss 0 m c �� W 7> �xCD 7C m r. o 3°' M Z2 X stn o N CD w m= -ate �z� V) y go -1 Co oq W w � � m m m � � � _ ° � d v ' � � .' m m n � � p 01 W o v >> 7 ,0 � 0) CND A rn Go n a � S N N N C w n 'p 3 M y D OR °. N y S W� w 01 (° 0@ S n 7 � W Q N M W ao� m� w W --1 o �y D T. W M° 3 on W C o n o a O v, ° W o�io< c o W :3 n c N X03 m yD y o 0 C d a W N T c' m N S IcD .•. y O Q 0 W y M U) �. = 0) 7 C! Fo d4 M 69 69 69 69 !q d4 69 69 69 69 69 69 69 y► 69 69 69 69 69 69 69 69 fA 69 69 69 d4 69 69 "A 69 69 69 69 69 EA 69 69 ems+ �7 M O 10 O1 V V (AO N W W r 10 �OCTOON ...► OD co A V V CT �� Of "V 00 V CTN00 CT W NCT W 7 W W 611 101 A C1100CT0 N (A A N g A 00000000 O O O O N N O 0 00000000000 0 0 0 0 0 0 0 0 O O N 0000000000001 O O O O CA 0 0 0 CO 0 0 0 0 O O C 00000 O O G O O 000000000 G O 0 0 0 0 0 0 O 00000000000 O G G G O O O O 18�8� G G' O 0 O 000000000000S O O O C O O O O C O O N � N O (0 � O - V) X n � S1 � — C m CD rt o. y 0 A O 7 y - .. ­ , LA� , Tr=rrF BEAVER CREEK February 23, 2010 Dear Danita, Per our conversation last week, I am writing to request the waiver of certain fees related to the upcoming XTERRA Mountain Cup event on July 17, 2010. As discussed, we appreciate the Town's partnership and participation in bringing this world -class event to the Valley and to Avon specifically. We anticipate having 500 athletes this year and their families again participate in the weekend. Last year we had approximately 375 out -of -town athletes participating and secured 46 room nights at the Westin for this group. We have again slated the Westin Riverfront Resort and Spa in Avon as the host hotel for XTERRA. Lodging revenues, meals and shopping for incidental items from this event will most certainly impact the Town positively again this summer. As such, we'd propose that the Town of Avon partner with XTERRA Mountain Cup promoters in waiving the following fees and related costs for the event. • The Permit and Application fees totaling $350 • The sound permit fee of $25 • Town of Avon Police fees for marshaling Highway 6/24 and West Beaver Creek Boulevard • Portolet cost for additional toilets at the swim start and opening the restrooms at the cabin and public restrooms on the east side of park • Lifeguard support Additionally, we'd propose your support in securing swim volunteersto assist with water safety during the event and the donation of lifeguard staffing during the swim practice session at Nottingham Friday afternoon July 16th, 4-6 p.m. We have listed the Town as an event sponsor and linked from the event site to the Town. We thank you in advance for your consideration of our request and look forward to hearing from you. Should you have any additional questions or wish to discuss these topics in greater detail, I'm available at 970.790.2324. Sincerely, r iz Peter Dann, Executive Vice President/ Director of Operations East West Resorts Event Staff Volunteer XTERRA Mountain Cup Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Reviewed By Scott Wright, Assistant Town Manager/Finance Reviewed By: Jennifer Strehler, Director of Public Works and Transportation From: Jaime Walker, Community Relations Officer Date: April 13, 2010 Re: Focus Group Feedback regarding Connect Avon Now VON C U L D R% D O Office of Community Relations One Lake Street Avon, Colorado 81620 970. 748 -4087 The Connect Avon Now (CAN) project is a package of prioritized improvements to mass transit, trails, and parking which currently do not have a source of funding. Voter approval will be needed in November 2010 to create dedicated revenue sources and to authorize the Town to issue debt, both required steps for implementation of this project. Following the schedule established at the January 26`h meeting, factual information regarding Connect Avon Now has been assembled and is being used for public outreach. Public outreach began with a series of five focus groups that were held at the Avon Town Hall and Avon Public Library during the month of March. Over thirty influential community leaders where invited to participate in the focus groups, seventeen of which attended. A slide presentation with the proposed scope of Connect Avon Now, including a list of specific project components, costs, and funding sources and a prepared list of frequently asked questions was shared with the participants. Discussion was elicited from participants on the scope, components, costs and general opinions of the project. The consensus from the attendees was that the scope and funding of the project is appropriate. In addition to the focus groups, outreach has also included the development of a webpage for the Connect Avon Now project on the Town's website. It can be accessed at www.avon.org %ConnectAvonNow. This page has the CAN video /slide show presentation that was presented to the focus groups, frequently asked questions and a section seeking citizen feedback. The Vail Daily published the first of four communiques on Connect Avon Now and the Vail Mountaineer ran a related story. We expect that the other three communiques should be published prior to the Open House on April 29th. The focus groups, the communiques, the webpage, and the open house are all part of the public outreach campaign that were developed in an effort to help inform the citizenry. Page 1 of 13 Discussion Town Council members are encouraged to have conversations with their constituents in order to raise public awareness of Connect Avon Now. Press releases, focus groups, open houses, and web site information are additional tools intended to stimulate involvement from local residents and businesses. The focus groups provided no consistent message to expand, shrink, add or remove project components. Individuals had varying opinions on specific components, but overall there was consensus that Connect Avon Now is a viable project as it is proposed. Below is a list of highlights from the focus group meetings. ➢ Participants recognized that transit and connectivity are needed for un- served areas i.e. Buffalo Ridge but not necessarily for Wildridge. After an explanation of costs and challenges associated with providing transit up to Wildridge, participants were not necessarily in favor of expanding the project to include transit up the hill. ➢ Participants repeatedly mentioned that they were concerned how the message will be received by the public especially as it relates to the tax increase. They stressed that crafting the right message will be important to the success of the ballot question. They believe this is a worthwhile project, but are concerned about getting a tax increase passed in this economy. Participants supported education and outreach explaining the benefits the Town will receive in exchange for the tax increase. ➢ "Pedestrian and Bike Trails" should be used instead of "Trails" to refer to the trails portion of the project. (This has already been changed in the slides and FAQ information) ➢ Several participants noted that parking and transit are vital to the long -term sustainability of a tourism -based economy — getting employees and guests to the mountain, providing parking and transit, and making it easy to get around town —and to implementing Avon's master plan. ➢ Participants were pleased to learn that the funds collected from sales tax and property tax in the Village at Avon would be sent directly to the Town and would not be collected by the Traer Creek Metro District. ➢ The timing of the ballot question and the project is good because of the drop -off in the mill levy and because of the low cost of construction. ➢ With respect to the proposed funding mechanism, participants generally agreed with the project goals that "growth should pay for growth" and that "guests should pay their fair share." ➢ There was discussion in nearly all focus groups about the difference in sales tax within Avon verses in the unincorporated county area and the potential need for establishment of a Use Tax to "level the playing field" to better protect Avon businesses. A revised draft of the Frequently Asked Questions (FAQs) is provided for Town Council along with focus group discussion comments and a compilation of the feedback form responses. Beginning as early as May, the responsibility for the public awareness campaign for Connect Avon Page 2 of 13 D- Now will transition to a newly formed campaign committee. This committee will be comprised of private stakeholders who, in addition to furthering public awareness, will also be responsible for fundraising and media relations. The staff responsibilities of project development, gathering of citizen input, and discovery will wind down. Once the ballot question is certified, there are restrictions that will limit staff behavior and involvement. The next step in the process is a public open house on April 29`h. Please refer to Exhibit A for detailed timeline outlining the process for the next months. Financial Implications: No financial expenditure decisions are involved in this work session. Town Manager Comments Attachments Exhibit A. Connect Avon Now Background and Timeline Exhibit B. Focus Group Discussion Comments Exhibit C. Collected Focus Group Feedback Form Responses Exhibit D. FAA's Short Public Version Exhibit E. FAA's Long Town Council Version Page 3 of 13 3 Exhibit A Town of Avon Connect Avon Now Background and Timeline Background A variety of improvements to transportation infrastructure have been requested by the community during preparation of the Comprehensive Plan (2006), West Town Center Plan (2007), Community Survey (2008), and Comprehensive Transportation Plan (2009) work. These studies and plans are congruent regarding the need for better multi -modal connectivity which would make Avon a more walkable, urban village type community where commercial areas, affordable housing, and recreational amenities are easily accessible. The Avon Comprehensive Transportation Plan (2009) provided the basis of the specific project components included in Connect Avon Now. That engineering document was developed from the broad vision and goal statements adopted with Avon's "Comprehensive Plan" (2006). Where the Transportation Plan included recommendations for improvements needed through 2035 and costing over $100 million, the intent of Connect Avon Now is to focus on only those improvements that will be critically needed within the next 10-15 years and can realistically be funded through new, voter - approved revenue sources. Previous Council Actions: The Town Council has been involved in planning transportation improvements in Avon for many years. Efforts to establish a specific package of transit, trails, and parking improvements, and to develop a funding mechanism for such improvements, have been in the works since about July 2009. 2006- Town Council adopted the Avon Comprehensive Plan. August 2007- Town Council adopted the Avon West Town Center Plan (Design Workshop, 2007). This plan includes provision of a 300 -350 stall parking garage located on or near Main Street. July 2008 - Community survey results were presented to Town Council which showed strong public support for transit and trails. March 10, 2009 - The concepts which were later embedded in the Strategic Transit Plan portion of the Transportation Comprehensive Plan were presented to Town Council. This presentation described historic financial performance of the Avon Transit enterprise fund and offered a long -term vision for transit which included the new routes and services. Funding options were also discussed, including sales tax increase, hotel/motel tax increase, property tax increase, and formation of a general improvement district (GID). June 23, 2009 - Transit survey results were presented to Town Council which showed strong public support for expansion of transit and trails and creation of a new funding mechanism to pay for the added services /facilities. July 14, 2009 - Staff highlighted the specific transit services and a sample list of trail/pedestrian project components that could be funded under a new project initiative. Note that this meeting initially introduced this project as the "Avon Walkable Community Project" but, after some discussion, Council expressed a preference for re- naming the project to Connect Avon Now. Town Council directed staff to 1) notify the County Clerk of Avon's intent to have a ballot Page 4 of 13 question in November 2009 and 2) provide more information about options for funding the project. July 28, 2009 - Presentation of Preliminary Financial Modeling for Sales Tax increase to fund transit and trails. Discussion of possible use of hotel/motel tax and /or GID was explored further. August 11, 2009 -Town Council decided to delay plans to place a transit /trails question on the November 2009 ballot in order to allow more time to carefully study the issues. Preference for a November 2010 ballot date was expressed. August 28, 2009 - The 2010 Transit Division Budget was proposed. September 22, 2009 -The Transportation Comprehensive Plan (FHU, 2009) was adopted by Town Council on this date. This document describes a near -term plan to expand transit bus service to connect the Village at Avon and Beaver Creek Ski Area by modifying routes and frequency to add another 6,000 service hours. The plan includes a list of over $7,000,000 worth of recommended pedestrian, bicycle, and recreational trail capital improvements. Associated transit capital improvements and fleet replacement needs are also identified in that document. October 20, 2009 - 2010 Budget Retreat, Final Transit Division budget for 2010, focus Transit and Trails funding strategy. Town Council requested addition of public parking into the shared vision for the project. November 10, 2009 - Town Council developed a consensus about the shared vision for Connect Avon Now. This vision included the scope, schedule, and budget implications of transit, trails, and parking project components included in the project. December 8, 2009 - Public finance experts described their experience on similar ballot questions. They emphasized the important role of Town Council with respect to public outreach. January 26, 2010- Staff provided an update on Connect Avon Now, which included a schedule of activities planned for spring 2010. February 23, 2010- Staff offered a status report on the work being done to assemble factual information for Connect Avon Now. Timeline: April 13-- Update to Town Council April 29-- Connect Avon Now Open House May _ Council members and community leaders discuss transportation challenges with constituents and present Connect Avon Now as the solution. --Form a campaign committee and hold initial meeting June - Campaign committee to send initial fund raising letter and follow up on campaign solicitation Page 5 of 13 5 Draft speaking points and initial campaign fact sheet -Civic and community group outreach -- Ongoing campaign committee meetings July -Second fund raising letter sent and followed up Media campaign begins Ongoing community outreach Ongoing meeting of campaign committee group August August 24 -Town Council adopts the ballot question August 25-- Campaign kickoff press conference Volunteer campaign manager brought on -- Ongoing campaign committee group meetings -- Fundraising continues September Town Clerk certifies ballot to Eagle County TABOR pro /con statement requirements met Labor Day visibility events Ongoing campaign committee group meetings Media campaign continues October Direct mail hit 1, 2, 3, & 4 arrives in boxes Ongoing campaign committee group meetings Yard signs in field Walks /literature drops in targeted precincts - -Early voter tracking begins Media campaign continues Fundraising program continues Walk -in / early voting begins November -Election Day Page 6 of 13 4 Exhibit B Town of Avon Focus Group Discussion Comments Discussion comments Focus Group 1 (3 participants: 2 are owners /managers of Avon business; 1 is a registered voter, 2 are bike /trail users; 1 is a transit rider) • It is important for the busses to run every 10 minutes to be convenient for the guests and a reliable transportation option; otherwise guests would drive to the mountain. • Will the cost of the gondola still come out of the General Fund? • Would like to see the General Fund subsidy dedicated as part of the ballot language so that this funding commitment is not left to the will of the council. • Business would like to have a "marketing fund" created too in order to promote Avon tourism. Can this be part of CAN? • Believe that it will be difficult to sell new taxes. Recommend that the public message stress the benefits and clearly explain the mill levy is a replacement rather than a new tax. • Suggest "Pedestrian walk ways" should be used instead of "Trails" and that the "Walking Village" concept be used as a visual descriptor of the plan in public messaging. Discussion comments Focus Group 2 (3 participants: 1 is an owner /manager of Avon business; 2 are registered voters; 2 are bike trail users) • Stressed the importance of correct messaging. Make people understand that mill levy is a replacement. • Approve of the trails in Wildridge and believe they are key to passage of CAN. Good value and concerns /needs fit the Wildridge neighborhood. • Participants stated that they do not want transit in Wildridge neighborhood • Now is a good time to do this project because the drop -off in existing mill levies make the property tax component affordable. • Local supports needed to get the message out and get volunteers to get the message out. • Recommend that the public message stress that taxes apply to the VAA area and that funds will not be routed through TCMD. • Participants were surprised that there is no bus service to Buffalo Ridge • Believe that pedestrian safety on round -a -bouts is lacking; needs to be improved. Discussion comments Focus Group 3 (5 participants; 3 are owner /manager of Avon business; 3 are registered voters; 3 are bike trail users) • Believe that a big selling point is that tax money from VAA areas will come directly to town and avoid TC • Suggest that bus fares and parking fairs should be considered to subsidize some components. Believe that a dedicated financing for the transit system makes sense. • Wonder if Wildridge voters will be satisfied with the project. Wonder at what cost -point do these residents start parking or riding the bus to get to Beaver Creek. Page 7 of 13 1 • Believe that the project is a good idea, but will be difficult to pass in this economic environment. • Recommend that public message project out 5 -10 years to describe what will happen if CAN is not implemented. Explain that transit is non - sustainable and will go away, free parking will end, and real estate development will likely stall e.g., "here's what Avon will look like..." • CAN supports business. • Believe that transit affects the whole quality of life in town and fuels our entire economic system. • Understand the importance of parking for tourism business. Expressed concerns that both locals and employees consume parking for customers. • The message should be able to explain the sales tax increase and benefits in the time it takes to ride up the elevator e.g., "There won't be transit service so your business will suffer. More grid lock, less parking, no access to BC, the future image that we have for Avon simply won't happen," • "This allows for a functioning town ten years from now. We don't want to wait until it is too late. We can't wait until we build out." • Timing is good now because of the cost is less because of project materials and labor • Suggest we consider a tiered approach to the project (e.g., Cadillac version, Chevy version) but recognize that the project is already complex. • Recommend that the town survey every month to November to get a feel for how public will respond. Discussion comments Focus Group 4 (4 participants: 3 owner /manager of Avon business; 1 registered voter; 3 bike trail users) • This fills the "gap" between where we are now as a town versus where we want to be. • Concerned that the project may be trying to tackle too much. • Participants liked the fact that CAN is an integrated plan. Believe that CAN is a complicated plan which will be difficult to get approved, but it will be even harder to get approved if it is piecemeal so it is better to go for it all at once. Integration will make it successful. • Highlight that CAN is a package of solutions that will make Avon more connected and support future economic sustainability. • Public message should emphasize the phasing of taxes • Public message should describe what this is doing for drivers, bikers, walkers; and emphasize the connectedness /integration —the clearly marked paths, directions, ease of getting around town. • Wonder if there are more second homeowners in Wildridge who are unlikely to ride the bus anyway. • Asked about the specific location planned for parking and how many current and future businesses it would benefit. • Recommend that the public message stress that transit for employees to get to work is critically needed. Other than in current economic situation, it is difficult to find and retain employees because of housing and transportation to work. Employees can't bring Page 8 of 13 cars because parking is for guests so they can't get to work. It is beneficial to employers because it can keep wages lower because employees can save the money they would put to a car. Employees go elsewhere, business will go elsewhere. This is crucial for moving forward. • Commended that a good transportation plan will keep Avon from becoming Vail where no one lives. Avon has a good mix of employees and guests and residents and it should continue to have this in the future. • Expressed that it takes personal involvement to understand the importance of this project. • One durable good merchant and ABA member in Avon expressed displeasure at the sales tax increase included in the CAN proposal and said that he can not support it. Noted that they have good competitors in Eagle Vail and Edwards. Acknowledged that the current lack of a Use Tax results in a sales tax advantage which tips the playing field in the favor of unincorporated areas and are concerned that CAN would exacerbate this problem. • Recommend that the public message convey to businesses community that this tax is an investment in their businesses and the future vibrancy of the community. Discussion comments Focus Group 5 (5 participants: 3 are owner /managers of Avon business; 2 are registered voters; 2 are bike /trail users. Also note: 4 of the 5 participants arrived late to the meeting thereby missing a 1/4 to ,) of the presentation and two participants did not return the feedback from.) • Commented that semi, commercial trucks, and campers need a place to park so that they can stay in lodging and restaurants in Avon. Asked if the parking garage design plan account for this. • Stated that hotel guests sometimes choose to stay in Summit because when considering the full trip cost, it is easier and more affordable to stay over the hill because they have free bus system. • Recommend that Avon look at instituting a Use Tax rather than a Sales Tax increase to fund CAN. Suggest that Avon get a Use Tax in place before the economic recovery kicks- 1n to capture revenue. • Like the "growth should pay for growth" philosophy. • Like the parking garage but would rather see it on the east side of Town center. • Like that the sales tax and mill levy in the CAN financial plan apply to VAA and be collected by the Town. • Asked if there could there be an Urban Renewal Authority on the east side of Town to pay for some of the CAN project components. Page 9 of 13 9 Exhibit C Town of Avon Compiled Feedback Form Responses 12 Owners /Managers of Business registered in Avon 6 Up valley employers (of various numbers of employees) 12 Bike/Trail users 9 Registered Voters in Avon 5 Indicated their neighborhood of residence: 4 Wildridge; 1 Nottingham; 1 Valley floor 6 Directly involved in local real estate development Did you learn anything new about Avon's transportation system or how other use this system as a result of this meeting? What was the most surprising discovery? • Yes -that the plan is addressing some issues that I believe are important to the Town -bus service to Buffalo Ridge, pedestrian safety • That there is no bus service to Buffalo Ridge • No, but I've heard it all in P &Z • No • Yes, revenue structure of the transit system • Unfortunately fairs do seem unwieldy • Plan seemed well thought out for transit needs and connectivity needed badly for un- serviced areas • Yes, how local residents don't??? Wildridge transit system • Already familiar with problems • Yes, I was surprised by how much is used by local workers and how high the ridership is during peak transit periods. • Mill levy step in as current items are dropped = no real change in property tax • Yes -80% local riders 20% guest riders (missed V '%4 of presentation) • Yes, dollars contributed to gondola $256,000 (missed V "2 of presentation) • yes Which project components do you like most? • Transit to Wal- Mart, more walking trails, highway /interstate over /under pass and parking • Transportation, parking • Permanent funding for project • The bus service expansion • The positive effects that the project will have on the community, the economy and environment. • Avon has some real connection challenges due to river, highways, train. I like the components that try to solve these connection issues. I also like the trail connecting Wildridge to Singletree and the Town of Avon. • The comprehensive planning, transit, ped, bike Page 10 of 13 10 • Parking structure in Town, widened bike lanes on Metcalf • Parking • Adding service to affordable housing (Buffalo Ridge) • Parking garage, bus service to BC • Bus service / parking • Improved transit; road connectivity / trail connectivity • All, I like that its integrated and responsive to specific Town challenges i.e. BC Parking and wanted to keep jobs local • Bus service • Priority 1: bike / trail & parking structure. In a resort area, people want to park and walk. We need to spend more on making Avon pedestrian / bike friendly and have buses to get to farther away areas (BC , Walmart). Parking structure is #2 priority so people can come to Avon, park and walk. #3 is transit. If don't fix pedestrian / bike people will drive everywhere anyway (less cost also) (missed 1' 14 of presentation) • Trail additions and bus ride to Beaver Creek in season (missed I" '12 of presentation) Which project components do you dislike? • Time frame > Certain issues should be addressed quickly • I think the use of the words "tax increase" will be a tough sell, but this town does rely on tourism and we need to keep the guests' experience fun, satisfactory and easy. • Idea of a huge parking garage in our town —could it be disguised— aesthetics • Adding trails for the sake of trails. Make them meaningful while preserving game habitat. • Too many unknowns (not vision /plan but.... ?) • None • Money for trails/ paths • none • None, I am very supportive • Parking structure, right now • Sales tax; parking needs to be on east side of Avon • Too big a priority on transit (missed 1 ' '4 of presentation) • Additional sales tax (is this temporary?); we will not support (missed 1 of presentation) On balance, do you think that the project scope as described is appropriate and offers sufficient benefits to the Avon community as a whole? 14 yes / 2 no Do you think that this proposed funding plan is fair and reasonable? 15 yes / 2 no Circle the word that best describes your feelings about this project as it is currently structured. Would you support the scope and funding plan for this project? 5 Definitely 5 Probably 3 Maybe 1 Unsure 1 Unlikely 1 No Page 11 of 13 What changes to Connect Avon Now might increase your likelihood of support? • Low cost parking & bus ride fare • Change the word "Trails" to Pedestrian Walkways" or something similar to promote walking and biking • Skier drop off zone by gondola. Marketing fund integrated into plan. Commitment of $1.3 million General Fund contribution to transportation • Pedestrian safety in town - more emphasis... ideas • The timing is good now for the mill levy increase because other mill levies are dropping off. Marking this message is paramount. However, if this doesn't pass in Nov 2010, our property taxes will be scheduled to drop in 2 years to do valuation decreases) so it could also be a good time to thee this up in 2 years. I say do it now, hope it passes but we also a have a good shot in 2 years if it doesn't pass now. • I support it, but I am concerned the majority won't • Your biggest problems as I'm sure you know is funding • Conduct ROI on garage project, eliminate funding for sidewalks /paths & focus on garage • Clear, concise set of understandable goals. Visual representations, modeling of what is to be achieved. • Add parking and trails later • Remove sales tax & expand bus service • Agree with overall idea, strongly disagree with $ per area and priorities. Make Avon pedestrian & bike friendly for to do and be here otherwise Avon will always have issues and everyone will drive cares everywhere (congestion, parking issues, etc.) (missed 1 1A (It presentation) • Gondola should go all the way up to Strawberry park (missed 1" 1/2 of presentation) There are several reasons why a November 2010 ballot is proposed. What do you think of the timing? When do you believe the public should have the opportunity to vote on this project? • I think it's important to do it close /as close to time of project beginning, so we as a community don't feel like $ just sits there • Economy could either work for or against depending on how it goes by that time, but maybe construction const will be lower • November is fine but very difficult to pass any tax increase at this time • 1 think that it would require a lot of marketing — people are going to tend to vote no on all issues that include a tax increase in this economy. • The timing is good. The challenge will be educating the voters • See 5" bullet from question above • I don't have enough information to answer • November 2010 is the best time for a ballot • Yes, The timing is similar to Eagle -Vail re- bonding and that worked • Perfect, problems will only increase if not approved ahead • 1 agree with November proposal, build ASAP while construction costs are low due to current economic conditions • Timing may be difficult due to current economy and "anti -tax" sentiment. All the more reason for very clear explanation of benefits. Page 12 of 13 1 ,L • I support the timing, I think the community may be ready to invest and getting a jump on 60 and 61 is a definite benefit • Poor wait! • Fine with this, but need to adjust priorities? (missed 1" 1/4 of presentation) • Hard times with current economical situation; nice to have more jobs (hissed 1'` %2 of presentation) Page 13 of 13 3 l Exhibit D Town of Avon CONNECT AVON NOW Frequently Asked Questions • What is "Connect Avon Now "? Connect Avon Now is a project that was developed in response to the expressed wishes of our citizens as evidenced in surveys, open houses, phone calls, and meetings. It involves creation of a dedicated revenue source to improve transportation and neighborhood connectivity consistent with town - adopted land use and transportation plans. Specific improvements include: extensions of transit service, construction of pedestrian sidewalks, construction of bicycle lanes and trails, and the addition of public parking in the town core. How can Connect Avon Now help me? 1. INCREASED LIVABILITY: Multi -modal transportation options increase community livability. Future visitors and seasonal residents can arrive by mass transit and get around Avon and Beaver Creek easily and quickly without driving. This will maximize use of our existing road systems. 2. BETTER TRANSIT CONNECTIVITY: Several key destinations in and around Avon are currently disconnected from the town core or are inconsistently served by transit. For example, Avon Transit does not serve Buffalo Ridge, the Village at Avon (e.g., Wal -Mart, etc.), Beaver Creek, and Nottingham Rd. Bus service will be extended to these areas. 3. MORE TRAILS: About 15 miles of new bicycle lanes, sidewalks, paved trails, and unpaved hiking trails have been included in this project. These will offer additional commuting and recreational options for residents and guests. 4. INCREASED PARKING: Limited public parking in the town core combined with recently announced plans to charge for parking at the Elk and Bear lots will increase parking pressures. Connect Avon Now includes construction of a 500 stall public parking garage in the town core. This will bring better access to the gondola, shopping, river parks, restaurants and special events. This will bring synergy to the town core. 5. PLANNING FOR OUR FUTURE: A transit - oriented and vibrant walkable village plan has been developed to address increased population growth and density in the core area and to avoid mounting traffic congestion. Connect Avon Now is a way to make that plan become a reality. Each project component in Connect Avon Now adds a new transportation link that will make Avon a more vibrant community. How will this proposal make Avon better? 1. SOCIAL RESPONSIBILITY: Many Avon residents and workers do not own a car and depend on public transportation to get to work, do their grocery shopping, access medical care, and obtain public services. Expanding transit is a socially responsible way to leverage public tax dollars and preserve household income. 2. ACCESS TO AFFORDABLE HOUSING: Connect Avon Now proposes delivering transit service to hundreds of affordable housing residents at Buffalo Ridge who currently do not have transit service. 3. TOWN COHESIVENESS: Citizens often comment that several key destinations in and around Avon are disconnected from the town core. This is a huge inconvenience to local businesses and routine shoppers. Connect Avon Now can improve town cohesiveness by linking the Village at Avon, Beaver Creek Village, the Nottingham Commercial area, and Page 1 of 2 r residential areas on West Beaver Creek Blvd and Eagle Bend Drive to the town core via transit, trail, and parking improvements. 4. IMPROVES SAFETY: In 2009, Avon incurred 250 road accidents, the majority of which involved drivers who were unfamiliar with local weather and /or road conditions. In 2008, Eagle County had the highest DUI rate in the state, with over 150 DUIs in Avon alone. Connect Avon Now will allow more people to utilize mass transit, avoid driving in difficult winter road conditions, and have fun without risking a DUI or the life and safety of others. 5. CREATES JOBS: Implementation of Connect Avon Now would stimulate the local economy and create both permanent jobs and construction - related jobs. Approximately 860 jobs would be created by this project during the next 10 -15 years. Additional economic stimulation by the private sector is also expected. How much will this project cost? There are both capital construction and annual operating costs associated with Connect Avon Now. Expanding transit service requires purchase of additional buses. Capital costs include construction of a new parking garage, bus shelters, trails and other facilities. Annual operating costs include fuel, labor, maintenance, repairs, and vehicle replacement. The total estimated cost of this project through 2020 in present day dollars is about $66 million. The approximate breakdown of this cost is shown below: Capital Cost 41% O &M Costs 590:: How can we pay for this? Trails 13°c Transit 49% Parking 38% Town Council is evaluating proposed solutions to our transportation challenges and more importantly how to pay for them. None of the recommended improvements currently has a secured funding source. Voter approval of new revenue will be needed to implement any of the recommended components. To date, a small sales tax increase in combination with a replacement mill levy is the favored approach. Use of sales tax is attractive because 2 /3rds of Avon's sales tax is imported from outside Eagle County. Once community input has been completed, the council will finalize the plan, costs, and preferred funding approach. Page 2of2 Suggested Project Funding 25% Sales Tax Increment (0.85%) o Mill Levy (phased in to 51% 4.50 mills by 2017) Continued Subsidy from General Fund ($1.IM /yr or 9 %GF) 1s Exhibit E Town of Avon Frequently Asked Questions NOTE: This description of Connect Avon Now is that of the initial proposal formulated in February 2010 based on community input received from 2006 -2009 regarding transportation needs within Avon. The Town is looking for additional feedback from the community on this proposal during the spring of 2010. The final project scope and ballot language must be finalized in July 2010. 1. What is "Connect Avon Now "? Connect Avon Now is a project that has been developed in response to the expressed wishes of our community as evidenced in surveys, open houses, phone calls, and meetings. It involves establishing dedicated revenue to improve multi -modal transportation connectivity within and through Avon, consistent with the vision and goals established through a rigorous public process and summarized in the Avon Comprehensive Plan and the Avon Comprehensive Transportation Plan. Specific improvements planned include: extensions of transit service, construction of pedestrian sidewalks, construction of bicycle lanes and trails, and the addition of public parking in the town core. 2. What, specifically, will this project accomplish? Connect Avon Now includes a specific list of transportation- related project components which would be conducted over the next 10 -15 years. These components are listed Table 1. Currently, no funding exists for any of these improvements. If approved by voters, Connect Avon Now would be self- funded through new dedicated tax revenues. 3. How will I benefit from this project? Individuals will benefit from each component within Connect Avon Now to varying degrees - depending on how you live, work and play. Consider: 1. INCREASED LIVABILITY: Multi -modal transportation options increase community livability by reducing the cost of transportation to individuals and creating greater location flexibility for live -work arrangements. The average transit rider can expect to save about $8,000 per year by taking transit rather than driving to work. 2. BETTER TRANSIT: Several key destinations in and around Avon are currently disconnected from the town core. Fare -free transit service between the Avon Town Core and the Village at Avon (e.g., Walmart, etc.) will not occur unless either 1) the developer agrees to pay for this service (likely via a sales tax increase) or 2) the voters install a sales tax directly. If the voters "vote yes" for Connect Avon Now, this new transit routes will be established and operated consistently and reliably, and approximately 35% of the new tax revenue will be derived from the Village at Avon. 3. MORE TRAILS: About 15 miles of new bicycle lanes, sidewalks, paved trails, and unpaved hiking trails will be created which offer additional commuting and recreational options for residents. Page 1of12 /� 4. INCREASED PARKING: There is already limited public parking in the town core. Recently announced plans by Vail Resorts to start charging for parking at the Elk and Bear lots will increase parking pressures. Connect Avon Now will construct 500 public parking stalls in the town core which provide individuals better access to the gondola, urban services, and Nottingham park - related activities. A pricing policy will be developed to reflect the local community's best interests. 5. INVESTMENT FORESIGHT: Increased population growth and density will create mounting traffic congestion unless a transit - oriented and vibrant walkable urban plan is implemented with this Connect Avon Now project. Each project component adds a transportation linkage that will make Avon a vibrant community which is easier to enjoy without the need for a private automobile. 6. BEST USE OF EXISTNG RESOURCES: If future visitors and seasonal residents can arrive by mass transit and get around Avon and Beaver Creek easily and quickly without driving, then locals can maximize use of the existing road and parking systems. This avoids incurring a higher cost to expand the road system. 4. How will other Avon residents benefit from this project? The Avon community as a whole will benefit considerably from Connect Avon Now. Consider: 1. TOWN COHESIVENESS: Several key destinations in and around Avon are currently disconnected from the town core. This is an impediment to local businesses and routine shoppers. Connect Avon Now will improve town cohesiveness by linking the Village at Avon, Beaver Creek Village, the Nottingham Commercial area, and residential areas on West Beaver Creek Blvd and Eagle Bend Drive to the town core via transit, trail, and parking improvements. 2. IMPROVES SAFETY: In 2008, Eagle County had the highest DUI rate in the state. In 2009, Avon incurred 250 road accidents, the majority of which involved drivers who were unfamiliar with local weather and road conditions. There were over 150 DUIs in Avon alone that year. After Connect Avon Now is implemented, more people will be able to utilize mass transit, avoid driving in difficult winter road conditions, and have fun without risking a DUI or the safety of others. 3. ACCESS TO ATTANABLE HOUSING: Connect Avon Now will deliver transit service to hundreds of affordable housing residents at Buffalo Ridge who currently do not have transit service. 4. SOCIAL RESPONSIBILITY: Many Avon residents and workers do not own a car and depend on public transportation to get to work, do their grocery shopping, access medical care, and obtain public services. Surveys consistently show that about 75% of bus riders are minority, low income, and /or do not own a car. Expanding transit improves social responsibility by preserving income which would otherwise be spent on transportation. S. What about Wildridge, Wildwood, & Mountain Star residents? Page 2 of 12 f DIRECT BENEFITS TO THESE RESIDENTS ARE TRAILS IN THE NEIGHBORHOOD AND PARKING IN TOWN CORE: Direct benefits include trails enhancements in these neighborhoods and added public parking capacity in the town core. Adding a bike connection (e.g., lane or path) to Wildridge from Nottingham Road will be a great amenity. Additional benefits which improve how these residents use the town core area include reduced traffic, improving road and pedestrian safety, and reduced parking competition. The beneficial impacts of this project to other residents, to local businesses, and to the cost - effectiveness of town services will benefit our economy as a whole and thus also act as indirect benefits. Many residents choose to live in these neighborhoods for the quiet, natural setting, slower pace, and prohibition on short-term rentals; these neighborhood characteristics will not change as a result of Connect Avon Now. 2. TRANSIT NOT COST EFFECTIVE AT THIS TIME: Transit experts evaluated extending bus service to Wildridge and Wildwood in 2009 but found that doing so would not be cost - effective, at least not in the near -term. Connect Avon Now focuses on the next 10 -15 years of improvements. Even the most economical scenario would cost about $22 per passenger -ride, much higher than the town's other existing and planned service (which is under $3 per passenger- ride), and even more than a private taxi. The high unit cost of transit in these neighborhoods is because of the low density, larger distance and steep terrain of the route, and low potential ridership. Creation of a park -n -ride type transit connection for Wildridge, Wildwood, and Mountain Start residents may be warranted in the long -term and could be done as a later project. 6. How will the local economy benefit from this project? Connect Avon Now offers many direct and indirect benefits to the local economy. For example: 1. BENEFIT BUSINESS: Connect Avon Now will increase "customer traffic" for local businesses by creating a consistent and reliable transit and trail linkages between Avon's core area and Beaver Creek Village, establishing public parking, and increasing pedestrian connectivity throughout town. Expanding transit service to workers in Avon increases business access to a wider labor pool and frees -up existing parking spaces for customer use. Businesses that cater to recreational tourists, such as ski /bike shops, restaurants, and lodges, will additionally benefit from the added trails and pedestrian amenities included in Connect Avon Now. 2. CREATES JOBS: Implementation of Connect Avon Now would stimulate the local economy and create both permanent jobs and construction - related jobs. Approximately 860 jobs would be created by this project during the next 10 -15 years. Additional economic stimulation by the private sector is also expected. 3. ENCOURAGES PRIVATE DEVELOPMENT: Connect Avon Now compliments the West Town Center Plan and encourages private investment and development throughout Avon. Avon's urban renewal efforts will depend on how successful Avon is in creating the transportation infrastructure necessary to implement "park once, shop many" philosophy. 4. IS SUSTAINABILE: Connect Avon Now is not a stimulus project - it is an investment in permanent infrastructure. The benefits from the project are sustainable. Long -term operating, maintenance, and replacement costs have all been factored in and can be paid Page 3of12 18 for by the funding mechanism as proposed. These transportation improvements are permanent investments which will benefit this community for decades. 5. EXPANDS POTENTIAL FOR TOURISM: Our economy depends heavily on recreational tourism. Tourists visit areas which are easy to get to and fun to be at. While we expect this area to draw an increasing number of visitors every year, we expect a greater reliance on shuttles, bus transport, and the use of Eagle Airport due to the significant congestion on I -70 from Denver. Avoiding renting a car frees up vacation spending money. Avon will be positioned to attract more recreational visitors to come and enjoy a fun and safe vacation. 7. Why do we need to do this now? Why not wait until the economy turns around? In short, the community has been requesting the improvements including in Connect Avon Now for many years. The longer we wait, the more it will cost and the harder it will be to implement. 1. MANY PLANS AND STUDIES DONE: We have been studying our community's transportation needs for years. The Avon community has consistently expressed its desire for expanded transit service, added public parking, new recreational trails, and better pedestrian /bicycle connections. This is evidenced in the 2009 Community Survey, 2009 Parks Survey, and at public meetings and open houses between 2006- 2009. 2. NOTHING HAPPENS OVERNIGHT: Bus service extensions could start in 2011, however, it will take many years to design and construct the proposed capital improvements. For example, if Connect Avon Now was approved in November 2010, the soonest that a new underground parking garage would be in service would be about 2015. This is because of the time involved to plan, design, permit, and construct real property. 3. COSTS ARE ONLY LIKELY TO RISE- Initiating design and construction work starting in 2011 will allow the town to take advantage of current lows in labor and materials costs. As the economy rebounds and interests rates rise, construction costs are only likely to rise. 4. IMPLEMENTING NOW MINIMIZES COST TO LOCALS and best assigns cost to guest- visitors and future residents - for whom the enhanced transportation system will greatly benefit. Because two - thirds of the town's sales tax revenue is imported, locals will only contribute $0.33 for every $1 collected and spent on this project, with a net new cost of only about $3.40 /month in additional sales tax. In comparison, one latte is about $3.50 and an ECO bus round -trip is $6 per day. Second home owners or absentee landowners will share in the project cost via the mill levy component, which is only $15 per month on an assed value of $500,000. And because the mill levy will be phased in to replace two existing retiring mill levies, the average home owner will not see any increase to their property tax and most will see a net decrease by 2017. As proposed, the cost burden of Connect Avon Now on local residents is minimized and very reasonable for the extent of services and infrastructure to be delivered. Page 4 of 12 1 5. THIS IS THE CALM BEFORE THE STORM. Avon and our surrounding neighbors are now poised for growth and development when the national economy picks up. The public's vision for development, as described in the Avon Comprehensive Plan and already included in existing land entitlements, will result in a Vail - Village level of urban density. Pressure on public parking will sky- rocket in the next few years when Vail Resorts expands the ski area and also starts charging for parking. If we don't establish funding for transit, trails, and parking now, we are accepting even greater costs to expand the road and parking systems and /or try to add trails or bus -stops after -the fact. 6. LOCAL VOTERS SHOULD DECIDE LOCAL ISSUES. Colorado's Tabor law already puts strict requirements on local governments with respect to financing public projects. If proposed state initiatives 60 and 61 pass, they will significantly hinder the Avon's ability to implement this project and any other capital project requiring debt -based financing. If Avon voters support Connect Avon Now in November 2010, it can move forward regardless of the outcome of the state initiatives. 7. IT IS TIME TO TAKE ACTION: Town management implemented stop -gap financial strategies in 2008 and 2009 to ebb the rising cost of transit. Operation of the existing system can not be sustained as -is and service cuts will be required in 2011 if action is not taken in November 2010. The public should be given the opportunity to decide whether to take pro- active steps to make significant improvements in Avon's transportation connectivity and efficiency, and to dedicate funding to this effort. S. Why not wait until Avon settles its law suit with Traer Creek Metro District? Settlement of the existing law suit will have no effect on Connect Avon Now. The long -term transportation needs and means to fund improvements throughout Avon will not change. Settlement of the law suit will only shore -up the Town's ability to cover the existing operations cost of police, public works, and other municipal services currently provided to the Village at Avon (VAA) development area. Connect Avon Now puts the power to create bus service to VAA directly in the hands of the voters. To date, the District has not opted to pay to add new bus service to connect the Buffalo Ridge Affordable Housing Complex and Wallmart (in VAA) to the town core. A sales tax increase will likely be needed there to generate sufficient funds to pay for added transit service. The town does not believe that the District will agree to do this any time soon. Yet there is a high need for these connections now. When the town ran demonstration service on this route in 2006 -2007, an average of about 600 riders per day boarded at these VAA stops. When the demonstration service was stopped in April 2007, there was a public outcry by affordable housing residents and non - riders alike. If Connect Avon Now is approved by voters, bus service will be established and the associated sales tax and mill levy revenues generated in VAA will be remitted directly to the Town to pay for this service. This project allows Avon to move forward with transportation improvements consistent with the long -term cohesive vision for the town and to insure that such improvements are paid for and sustainable into the future regardless of how the immediate law suit is settled. 9. How much will this project cost? Page 5 of 12 20 There are both capital and operating costs associated with this project. Expanding transit service requires purchase of new buses. Construction of a new parking garage, bus shelters, and other facilities also requires capital. There are on -going costs for fuel, labor, maintenance, repairs, and vehicle replacement. The total estimated cost of this project through 2020 in present day dollars is about $66 million (or about $6.6M /year). The breakdown of this cost is shown below: Trails Capital 13 °° Cost 41% 0 &M Transit Costs A 59% Parking =i 49% 38% 10. How can we pay for this? A small increase in taxes will generate sufficient funds to pay for Connect Avon Now. Financial modeling performed by Stan Bernstein and Associates indicates that the following local sources and amounts are best matched to the needs and benefits of this project: • Continued subsidy for Avon Transit operations from the General Fund of $1,100,000 /yr or 9% of General Fund revenues, whichever is less • Sales tax increase of 0.85% • Replacement of existing mill levies totaling 4.50 mills' • Continued fare -free transit service • Continued free on- street 2 -hour parking • Pay -in -lieu developer contributions for parking • Reasonable structured parking fees for extended stays • State and federal grants /contributions for larger capital projects These sources would generate new revenue at a level approximately equal to the projected project costs. The new revenue projections include an assumption that Avon will incur economic growth and development at an average rate of about 2.2% per year. If less growth occurs, then less project components can be implemented, and vice versa. The proposed tax changes would be phased in over time to match the cash -flow needs of the project. Initially, these new sources will generate about $1,100,000 new revenue in 2011. By 2020 when the maximum 4.50 mill levy is assigned to this project, it will generate $4,020,000. This higher amount is needed to meet debt service requirements of the capital construction included in the project but will remain relatively fixed relative to inflation and population growth into the future. 1 Which would otherwise expire in 2011 and 2017 for the Avon Metro District and roundabout financing. Page 6 of 12 °0 Connect Avon Now project costs translate to the average Avon family of about $3.40 /month in additional sales tax and no observed change in real estate tax paid (i.e., continued payment of about $15 /month). 2 As a funding mechanism, sales tax has the advantage of generating about $3 for every $1 contributed by Avon residents. This is because about two - thirds of all sales tax revenue us imported into the area from outside of Eagle County (e.g., visitor spending). Source of Sales Tax Per Dollar Received Guest! $0.67 Bus service, on- street public parking, and trail usage will continue to be fare -free. Parking in a structured parking garage will be fee - based, with discounts for Avon residents and businesses. Note too that the Town will continue to seek state and federal grant funding for eligible project elements (e.g., bus purchases, sidewalks construction). Grant funds help to leverage local dollars, however, grants have historically covered less than about 10% of the Town's funding need. Pay -in -lieu contributions from private development will be an option to complete their parking requirement while assisting to pay for a public structured parking garage. The project generates a fund balance for each major component (transit, parking, trails) that then can be used as local match for grants and private - public partnerships to build the scheduled improvements and pay for on -going operation and maintenance. Why not use other funding mechanisms? No existing revenue sources to the town are available for this project. Avon did consider several other new funding mechanisms. The town evaluated charging a fare on the Avon bus system but found that the added revenue was insufficient to outweigh significant disadvantages (e.g., slows down service, making the system less guest - friendly, adds capital and operating costs to handle money). Bus fares would only cover about 15% of transit's operating costs and would not fund parking, pedestrian, or bicycle improvements. A new hotel /motel tax would not raise nearly enough revenue while also remaining reasonable. A use tax was viewed as too volatile for this project because of its dependence on housing starts and other real estate development. Avon believes that important project goals of "growth should pay for growth ", "guests should pay their fair share ", and "the resulting benefits should be financially sustainable" were best met with a blend of new revenue from sales tax and a mill levy. Guest spending represents about 2 /3rd of received sales tax dollars. Mill levied revenues are received on second homes as well as primary residents and are a relatively stable funding source. Both sales tax revenue and mill levied revenues will increase in proportion to economic growth and development in Avon and will help meet sustainability objectives. 11. Will the taxing mechanisms apply in the Village at Avon? Yes: The associated sales tax and mill levy revenues generated in VAA and dedicated to this project will be remitted directly to the Town. Sales tax revenue generation from the existing and future retail stores in the VAA is expected to be more than sufficient to cover the added cost of bus service connectivity to this area. This project offers the public the opportunity to create and fund bus service in this situation where the developer may never elect to do so. 2 Assumes the average family owns a home valued at $500,000 and spends an average of $400 /month in retail purchases in Avon Town limits. Page 7 of 12 0� 12. Will the taxing mechanism apply in Beaver Creek Metro District? No because they are outside the Avon Town Limits. 13. How much revenue would be generated from the different areas of town? Two charts below show the approximate amounts of revenue derived from sales and property taxes collected in different geographic areas of Avon. About 81% of the revenue will be derived from the town core and Village at Avon areas, where urban -style development already exists or is planned. 46% Source of Project Revenue :10/ 1 2 ■3 ■4 as ■6 7 (outside limits) • How will our resulting tax structure compare to other Colorado Mountain areas? An increase of 0.85% would result in a total sales tax within the Avon Town Limits of 9.25 %. One argument against raising Avon's sales tax is that it potentially could create an un -level playing field with nearby business competitors that don't incur that sales tax. Note that Avon already has a tax advantage over nearly all other Colorado towns and cities (including Vail, Eagle, Gypsum) because Avon does not have a Use Tax. If Avon had a use tax, then the town would receive tax revenue from goods purchased elsewhere but used here in Avon. Similar Towns Total Effective Sales Tax Rate Building Materials Use Tax Rate Aspen 9.00% 2.1% Awn Current 8.40% 0% With Connect Awn Now 9.25% 0% Beaver Creek 9.75% 0% Crested Butte 8.50% 4% Frisco 7.775% 0% Glenwood Springs 0% Meadows Shopping District 10.10% 0% Other areas 8.60% 0% Silverthorne 7.775% 0% Snowmass Village 10.40% 0% Steamboat Springs 8.40% 4.5% Telluride 8.40% 0% Vail 1 8.40% 1 4% Page 8 ot` *&o applied to motor vehicles. q, o� 14. How would a sales tax increase affect my business? NO SIGNIFICANT IMPACT will be felt by businesses located in Avon. Those businesses that already charge sales tax on their product or service will continue to do so, and this tax will increase slightly (85� on a $100.00 purchase). NO CHANGE IN COMPETITIVE POSITION: Avon businesses who sell taxable goods are already at a slight disadvantage with their county - located competitors because Avon does not have a Use Tax. This situation would not change as a result of this project. {A use tax is applied to goods purchased outside town limits and imported in. Vail, for example, has a 4% Use Tax on building materials; Steamboat Springs's Use Tax is also applied on motor vehicles. Both ski towns derive significant revenue from this. Had a 4% use tax been in place in Avon in 2008, the town would have realized over $8,000,000 in revenue from the construction sector alone which could have been used to pay for this project and other public services.} 15. How might this project get approved? VOTER APPROVAL will be required to approve this project. For Tabor reasons, two separate ballot questions would be necessary. The first question would likely be for a tax increase to generate the revenues to pay for the project. The second question would be to allow the town to issue debt to finance construction of the larger project components. It is essential that both questions pass. The Town can not issue debt without a new tax -based revenue stream to pay off this debt. Ballot question language will be developed after the public input is received. The Town would like to give Avon voters the opportunity to vote on this in November 2010. Note that state initiatives 60 and 61 may take away or significantly hinder the town's opportunity to do debt -based financing for capital projects. If Connect Avon Now passes this year, the preferences of Avon voters regarding this project will take precedent over the state initiatives. 16. What happens if this ballot measure doesn't pass? NO BENEFITS: If the November 2010 ballot questions do not pass, or if Connect Avon Now is never implemented, the transportation improvements and associated benefits described here will simply not occur. LIVABILITY IMPLICATIONS: The transit - oriented and sustainability focused land plan that Avon has adopted will not function very well without reasonably frequent transit service, public parking, and trail connectivity. Automobiles and roads will be the primary means of transportation and the retail areas will remain disjointed and un- walkable for the foreseeable future. Inadequate parking and additional surface parking lots can be expected. ECONOMIC IMPLICATIONS: Connect Avon Now will create abetter overall cost - effectiveness and sustainability of transit service. At present, the Town's General Fund currently subsidizes transit but transportation operations costs are rising faster than the town's revenues. This trend is seen nationally due to high fuel costs, high demand for buses, and increased complexity of maintenance. In 2007, this equated to $1,315,000 /yr or 9.8% of the Town's General Fund expenditures. By 2010, the cost for the same level of service rose to $1,791,OOOyear or 12.9% of the Town's General Fund expenditures. Unfortunately, service cuts had to be instituted in order to maintain the fund balance policy. But for the future, Avon needs to expand transit in order to be consistent with the adopted land plan which results in a walkable village environment and less dependence on the automobile. A dependable funding source for transit, parking, Page 9 of 12 pedestrian, and bicycle improvement is needed now in order to achieve this vision. However, if Connect Avon Now is not implemented: 17.The Town may need to reduce or eliminate bus service altogether in order to balance the expenses against revenues. 18.Contributory funds to share in the cost of the skier shuttle to Beaver Creek may not be available; residents and guests will depend on the ski company for continued bus transit and available parking along Highway 6. 19.The Town may consider proceeding to establish a Use Tax, consistent with neighboring towns, and to assist in sustainably funding the existing transit system as it is. 20.Real estate development may stall because projects will have a difficult time meeting increased traffic and parking quotas necessary if transit is inadequate or non - existent. 21.Significant traffic and parking congestion issues will likely develop. 22. What if Eagle County (ECO Transit) forms an RTD? NO IMPACT: Functionally, Avon's transportation needs do not change if ECO forms an RTD. The ECO system is designed to serve riders along the I -70 and Hwy6 and 24 corridors; ECO's system is financially supported about 80% by a dedicated sales tax and 0% by bus fares ($3- 5 /ride). Avon Transit's fare -free system is still needed to serve bus stops within Avon town limits. Workers and guests alike depend on continued operation of Avon's "circulator system ". Financially, the maximum possible rise in sales tax to fund an ECO -RTD would be an increase of 0.50 %. Even if ECO agreed to provide a proportional rebate to towns with existing transit systems, Avon would receive less than half of what is needed to fund Avon Transit today and no funds would be received at all to expand the bus system, build parking, or add pedestrian and bicycle connections in Avon. NO REASON TO WAIT: In a parallel effort, the County is looking at improving the cost - effectiveness of ECO Transit because that agency's costs for its current level of service significantly exceed their current funding ability. An evaluation process involving all of the local agencies, mayors, managers, and technical staff is currently going on. The outcome of that evaluation is not likely to have any impact on Avon Transit. Page 10 of 12 �Ls • What is the financial plan for this project? Financial modeling has been performed based on the project components described here with the approximate schedule as shown on the last page. New revenues would be generated at a level approximately equal to the projected project costs, as shown in the tables below. The new revenue projections include an assumption that Avon will incur economic growth and development at an average rate of about 2.2% per year. If less growth occurs, then less project components can be implemented in the same time period, and vice versa. Estimated Cost Breakdown A. For 10 years (2011 through 2020) of capital investment and annual operation and maintenance expenses. Assumes inflation and growth in revenue approximately cancel each other out during this time. B. The average annual transit operations cost includes the cost of operating the existing and new routes, leasing new /replacement buses, and operating the Riverfront gondola. C. Project funding is sufficient to let a total of $20,000,000 in bonds for a parking garage which would likely be constructed in 2 phases and paid for over a 15 -20 year period (i.e., not a 10 -year period). D. Not all of the targeted $7,050,000 of trail - related improvements can be paid for directly by the Town of Avon. The proposed funding mechanism provides sufficient funds for small locally- constructed projects and Avon's estimated contribution to larger projects that would involve funding from additional stakeholders (e.g., CDOT, private developers) and grants. Estimated Revenue Breakdown Capital Cost Average Annual O &M Cost Present Value Transit $250,000 $3,200,000" $32,250,000 Parking $20,000,000c $500 000 $25,000,000 Trails $7,050,OOOD $150,000 $8,550,000 Total $27,300,000 $3,850,000 $65,800,000 A. For 10 years (2011 through 2020) of capital investment and annual operation and maintenance expenses. Assumes inflation and growth in revenue approximately cancel each other out during this time. B. The average annual transit operations cost includes the cost of operating the existing and new routes, leasing new /replacement buses, and operating the Riverfront gondola. C. Project funding is sufficient to let a total of $20,000,000 in bonds for a parking garage which would likely be constructed in 2 phases and paid for over a 15 -20 year period (i.e., not a 10 -year period). D. Not all of the targeted $7,050,000 of trail - related improvements can be paid for directly by the Town of Avon. The proposed funding mechanism provides sufficient funds for small locally- constructed projects and Avon's estimated contribution to larger projects that would involve funding from additional stakeholders (e.g., CDOT, private developers) and grants. Estimated Revenue Breakdown 30 3 25 Average Annual Revenue Present Value' Sales Tax IncrementF $2,174,400 $34,309,000 Mill Levy (phased in) $894,700 $16,197,000 Continued GF Subsidy $1,100,000 $16,500,000 TOTAL $4,169,100 $67,006,000 30 3 25 o20 With CAN � ■Without CAN 15 !° i ° 5 Mill Levy 2010 Mill Levy 2015 E. For approximately15 years 2011 through 2025. F. The sales tax would be raised by an increment of 0.85% starting in 2011. The items for which sales tax is currently charged would not change. G. A total of a 4.50 mill levy increment would be phased in to replace existing levies totally 4.793 that will be retiring. This would occur in approximately two equal steps during the years 2011 and 2017 (for a net reduction of 0.293 mills compared to today). Page 11 of 12 k C4 N � k iF r CM ; m � o ■ c k $ 2U) :0) & A ce � e CL > k ■ C) CD (D cc �k � CL 4) IL _ § o 2 g § ° > % 7 z 08 2 ° � c o c cc ■ a ■ p � o � k2kkk a cm § 7 w ■ a �, � 2 La (D ■ � . % > / a � IL _ § o co k ® . CL ■ % c o c cc £ C — Cc — m CL o a cm § 7 w ■ > c� ° r ° CL 2 ■ � § § ■ ■ 2' o k m • ' w o E/§ C2 cc§c cm _ §® & I- r e & 22§� ® c v ■ v � I- — ■ 2 c z 2 z §2 m�% 2 ■ m . CL m ® > @ m — § ■ cm c CL k kkk �22a - 0 o L. t° : a a � a : a m 2 & cc 2 m 13 1 2 ■ g ° o ^ : ^ ^ ^ c ^ . k k 4) o a . , 1, . . M 2 ® � CL w C'4 / N ■ cri a � La (D ■ / % CO § / a o co k C0k % c o �� rok £ C — ■' — m CL o a cm k S. 2 ° § CL ■ ■ ■ 2' o k 2 2 2- o E/§ C2 cc§c t > §® aV CL — ° ■ S 2 $ @ � t > ■ v 2 ■ �� c c z 2 z . E 0 m�% ■ m ■ 0 06 2� CL ■ cm c c - 0 o L. cr : : a : : : a » & cc 2 m 13 1 LU . , 1, . . M 2 ® � CL w C'4 / N ■ cri a � MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD MARCH 23, 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 6:00 PM. A roll call was taken and Council members present were Brian Sipes, Dave Dantas, Kristi Ferraro, Amy Phillips, and Buz Reynolds. Rich Carroll was absent. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Deputy Town Clerk Catherine Haynes, Town Engineer Justin Hildreth, Assistant Town Manager Finance Scott Wright, Assistant Town Manager Community Development Sally Vecchio, Sergeant Jonathan Lovins, Meryl Jacobs Recreation Director, Jaime Walker, Community Relations officer as well as members of the public. COMMUNITY / CITIZEN INPUT Danita Chirichillo, Special Events Supervisor, gave an update on the Avon Egg Hunt Event which is held on April 3 from 10 am —12 Noon which is the largest egg hunt in county. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST There were no changes to the agenda and no conflict of interest. CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. Councilor Ferraro moved to approve the consent agenda; Councilor Dantas seconded the motion and it passed unanimously by those present (Sipes abstained; Carroll absent) a. Minutes from March 9, 2010 NEW BUSINESS The Intergovernmental Agreement for Law Enforcement Services within Other Municipalities in Eagle County was presented by Jonathon Lovins, Sergeant. Sgt. Lovins provided a review of the Mutual Aid Agreement for the Provision of Law Enforcement Services. Mayor Pro Tern Sipes moved to approve the IGA for Law Enforcement Services within Other Municipalities in Eagle County. Councilor Phillips seconded the motion and it passed unanimously by those present. (Carroll Absent) RESOLUTIONS Shane Pegram, Project Engineer, presented Resolution No. 10 -08, Series of 2010, Resolution Approving a Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County. He noted that this Condominium Map resubdivides the existing Avon Mini Storage, located at 431 Metcalf Road, into two distinct condominium units and common elements. Councilor Phillips moved to approve Resolution No. 10 -08, Series of 2010, Resolution Approving a Condominium Map of Avon Mini Storage Condominiums, Lot 12, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County. Councilor Ferraro seconded the motion and it passed unanimously by those present (Carroll Absent) Scott Wright, Assistant Town Manager Finance, presented Resolution No. 10 -10, Series of 2010, Resolution to Amend the 2010 Town of Avon Budget. He reviewed the resolution amending 2010 budget cuts in light of $1.1 million shortfall in revenues due to non - payment of municipal services and sales tax shortfall invoices by Traer Creek Metropolitan District. Michael Lindholm, Traer Creek LLC RP, requested that he be able to provide public input at this time and asked if the budget shortfalls were related to the economy and not only to Traer Creek's nonpayment of municipal services and sales tax shortfall. Members of the Council explained that the Town manager had made budget amendments last year to compensate for the economic downturn. After this brief discussion, Councilor Dantas moved to approve Resolution No. 10 -10, Series of 2010, Resolution to Amend the 2010 Town of Avon Budget Review resolution amending 2010 budget cuts in light of $1.1 million shortfall in revenues due to non- payment of municipal services and sales tax. Councilor Ferraro seconded the motion and it passed unanimously by those present (Carroll Absent) Mayor Wolfe presented Resolution No. 10 -11, Series of 2010, Resolution of Town of Avon Appointing Representatives to Upper Eagle Regional Water Authority. He noted that this Resolution appoints Town Council Member Kristi Ferraro to be the designated principal member of Upper Eagle River Water Authority and the Town Engineer Justin Hildreth as the designated alternate member to serve in the absence of the designated principal member to the Upper Regional Water Authority. This action was taken in light of Mayor Pro Tem Sipes notice that he can no longer serve on the board. Councilor Dantas moved to approve Resolution No. 10 -11, Series of 2010, Resolution of Town of Avon Appointing Representatives to Upper Eagle Regional Water Authority. Councilor Reynolds seconded the motion and it passed unanimously by those present (Carroll Absent). ORDINANCES Matt Pielsticker, Planner II, presented Ordinance No. 10 -04, Series of 2010, Second Reading, Ordinance Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood Subdivision, to Allow Short Term Rental Use. He noted that the Brookside HOA submitted an application to amend the Brookside PUD to permit Short Term Rentals as a use by right on Lots 2 and 3 of the development. Councilor Phillips moved to approve Ordinance No. 10 -04, Series of 2010, Second Reading, Ordinance Approving an Amendment to the Brookside PUD, Lots 2 & 3, Eaglewood Subdivision, to Allow Short Term Rental Use. Councilor Dantas seconded the motion and it passed unanimously by those present (Carroll absent). Matt Pielsticker, Planner II, presented Ordinance No. 10 -05, Series of 2010, Second Reading, Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station Subdivision, to Allow Short Term Rental Use. He noted that the Canyon Run HOA submitted an application to amend the Canyon Run PUD to permit short term rentals as a use by right on Lot 4 of the development. It was noted that the property is 70 residential units and approval was received from the homeowners. Councilor Ferraro moved to approve Ordinance No. 10 -05, Series of 2010, Second Reading, Ordinance Approving an Amendment to the Nottingham Station PUD, Lot 4, Nottingham Station Subdivision, to Allow Short Term Rental Use. Councilor Phillips seconded the motion and it passed unanimously by those present (Carroll absent). APPEAL BY TRAER CREEK PLAZA, LLC Mayor Wolfe presented the Appeal by Traer Creek Plaza, LLC concerning the Traer Creek Plaza, LLC Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal Code. Eric Heil, Town Attorney, gave a brief overview of the Town Clerk's decision not to place the item on the council agenda. The matter was reviewed on February 23, 2010 with representatives from Traer Creek, the Town Council and Town Staff. The record provided was reviewed by the Town Council who took action to close the record with certain additions and corrections requested by the Town Attorney and with direction to town staff and Traer Creek Plaza, LLC to provide proposed written findings for the town's consideration. . Regular Council Meeting Page 2 of 3 10.03.23.doc Mayor Pro Tern Sipes moved to approve the Appeal concerning the Traer Creek Plaza, LLC Condominium Plat application pursuant to Section 16.12.050 of the Avon Municipal Code as written with the addition into 6 (f) as follows: M Final Decision "Based on the findings stated above, the Town Council upholds the decision of the Town Clerk to not place the Traer Creek Plaza Condominium Subdivision application on the agenda of a Town Council meeting because the Town Council finds that the Application does not provide the required amount of accessory parking to serve the building or use within the same ownership or possession as the building or use that such accessory parking serves, and therefore, the application is not in compliance with the applicable standards of the Municipal Code. Pursuant to Section 16.12.050 of the Municipal Code, the application as submitted is not entitled to be placed in a meeting agenda of the Avon Town Council for consideration by the Town Council ". Councilor Ferraro seconded the motion and it passed unanimously by those present (Carroll absent). There being no further business to come before the Council, the regular meeting adjourned at 7 PM. RESPECTFULLY SUBMITTED: Catherine Haynes, Deputy 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 10.03.23.doc 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 Mgr /Director of Comm. Dev. V' sx From: Justin Hildreth, P.E., Town Engineer �- Shane Pegram, P.E., Engineer II Date: April 7, 2010 Re: Thrasher LLC Construction Contract Award — Nottingham Lake Fishing Pier Summary: Thrasher, LLC from Eagle, CO provided the low bid for construction of the Nottingham Lake Fishing Pier and access trail in the amount of $89,507. Staff recommends approval of the construction bid submitted by Thrasher, LLC for the Nottingham Lake Fishing Pier Project. Discussion: The Advertisement for Bid for the Nottingham Lake Fishing Pier Project was posted on the Town's web page, and advertised in the local newspaper for three weeks. Eight bids were received on April 5, 2010. All eight bids were in conformance with the contract documents. The bids ranged from a high bid of $137,207.87 to Thrasher's low bid of $89,507. All contractors submitted conforming bids and bid bonds in the amount of five percent of total bid. A bid summary sheet is attached as Exhibit A. Staff recommends award of the construction contract to Thrasher, LLC on the basis of lowest qualified bidder and the bid is within the project budget. Financial Implications: In 2008 and 2009 the Colorado Division of Wildlife (DOW) approved the Town of Avon's (TOA) application for grant funding through the DOW's "Fishing is Fun" program. The total TOA project budget is $180,000. The DOW grant will reimburse the town up to $101,700, but reimbursements will not exceed 64% of total project costs. The bids came in lower than expected based upon cost estimates for grant funding completed in 2008. Staff will determine if the DOW will participate in funding for additional improvements near the fishing pier to utilize unspent grant monies. Table 1 is a breakdown of the previously proposed budget and the actual budget. Table 1 Budget Item Original Budget Revised Budget Pier Design $ 12,000 $10,000 Pier Construction $ 150,000 $90,000 Pier Access Trail $ 15,000 -- Soil Investigation $ 3,000 $3,000 Contingency /Other Improvements $77,000 Total 1 $180,0001 $180,000 Recommendation: Approve the construction bid submitted by Thrasher, LLC for the Nottingham Fishing Pier Project in the amount of $89,507. Proposed Motion: Move to approve the construction bid submitted by Thrasher, LLC for construction of the Nottingham Lake Fishing Pier in the amount of $89,507. Town Manager Comments: Attachments: Exhibit A — Nottingham Lake Fishing Pier Project Bid Summary Sheet • Page 2 i� V - U C C m O m O 4f m d m :2 .O m m m m a� U o o U 00 CO o C O L6 N o O c O 04 Lo w O � co rn to z C, U z w � W W U D 5 D � � � U C O 04 ` M � O �` U O LD d z O z' (u S W fu W U s D N w D m 4) LL d m U m 2 ca J t Z � Z C a Co '� ►� Z N O O o L o _G N C w LO w d co � G m_Q 0 (C N 0 EA CD z N oc N U x z Ix O D LL G w z D D V m m m H W O w IL c O O N L L o r O Lo N 00 LD z U z 00 a� a� � v p > p o to m - :O C C m O m O 4f m d m :2 .O m m m m X m E E C a O "2 m 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 A'4- 5 V. From: Justin Hildreth, P.E., Town Engineer Jeffrey Schneider, P.E., Project Engineer Date: April 5, 2010 Re: Community Heat Recovery Project Construction Contract Award Summary: This memorandum is to award the construction contract for the Avon Community Heat Recovery Project to GE Johnson, Inc. 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 energy for the snowmelting of 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). Staff recommends awarding the construction contract for the Avon Community Heat Recovery Project to GE Johnson, Inc., for a Base Bid not to exceed $ 3,576,850 without prior written approval. Previous Council Action: • April 28, 2009: Town Council approved the grant agreement with DOLA • May 26, 2009: The intergovernmental agreement between ERWSD and Town of Avon (TOA) was approved • June 23, 2009: The Design Services Contract was awarded to Camp, Dresser, and McKee, Inc. (CDM) • November 10, 2009: Project update given to Council • November 24, 2009: Adoption of 2010 Town of Avon Capital Improvements Program budget • February 9, 2010: Project update given to Council Discussion: Advertisements in the Vail Daily, Eagle Valley Enterprise, Denver Post, and the Town of Avon website, combined with outreach and invitations, garnered statewide contractor interest in the project. The Avon Community Heat Recovery Project received six bids from qualified contractors. The project bid tabulation is attached as Exhibit A. All contractors submitted bids in accordance with the contract documents, with base bid prices ranging from $3,576,850 to $4,322,696. The Engineer's Opinion of Probable Cost, prepared by CDM, was $3,565,483, only slightly below the low bid price. The Construction Documents included a Bid Alternate 1, which was to provide a full service contract equivalent to an extended warranty for the Heat Pump for operating years 6 through 20. Staff recommends rejection of Bid Alternate 1, since the addition of an approximately $200,000 Alternate exceeds the project budget. Staff recommends award of the Avon Community Heat Recovery Project construction contract (base bid only) to GE Johnson, Inc., for an amount not to exceed $3,576,850 without prior written approval. Financial Implications: The 2010 CIP budget contains a total of $3,794,206 for construction of the Heat Recovery Project. A preliminary construction budget is shown in Table 1 below. Note that the contingencies for the project are very low at 3.8 percent. Ideally, the contingencies for a project of this nature should be between 5 and 10 percent. Town Staff is in the process of approaching DOLA for additional grant funding, and after award, will negotiate with the selected contractor for value engineering opportunities, hopefully further reducing construction costs. Table 1: Heat Recovery Construction Budget Line Item Amount Construction Contract $ 3,576,850 Railroad Crossing $ 70,000 Testing /Administration $10,000 Contingencies (3.8 %) $137,356 Totals $ 3,794,206 Attachments: Exhibit A — Avon Community Heat Recovery Project Bid Tabulation Town Manager Comments: • Page 2 EXHIBIT A Avon Community Heat Recovery Project Bid Tabulation Bid Opening 3/30/10, 4:00 PM No. Firm Base Bid Bid Alternate Total Bid with Alternate 1 GE Johnson $3,576,850 $305,464 $3,882,314 2 Gould Construction $3,663,500 $199,000 $3,862,500 3 Velocity Construction $3,863,681 $227,102 $4,090,783 4 Glacier Construction $4,322,696 $205,000 $4,527,696 5 RN Civil Constructors $3,985,000 $180,000 $4,165,000 6 IRA Nelson 1 $4,107,1761 $180,000 $4,287,176 7 1 Engineers Estimate 1 $3,565,483 N/A N/A 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: April 5, 2010 Re: Resolution No. 10 -13, Series of 2010, A Resolution of Support for a Colorado Department of Transportation (CDOT) Enhancement Grant Application for Construction of Recreational Trail Improvements Along U.S. Highway 6 between Avon Road and the Eagle -Vail Interstate 70 Interchange, Town of Avon, Eagle County, Colorado Summary: This memorandum is to present Resolution No. 10 -13, Series of 2010, A Resolution of Support for a Colorado Department of Transportation (CDOT) Enhancement Grant Application for Construction of Recreational Trail Improvements Along U.S. Highway 6 between Avon Road and the Eagle -Vail Interstate 70 Interchange, Town of Avon, Eagle County, Colorado. Town of Avon staff is preparing an Enhancement Grant application in partnership with ECO Trails and Eagle County to continue the Eagle Valley Core Trail along the US Highway 6 corridor. Resolution No. 10 -13 is an official document showing that the Town is in support of the Grant application and is a key evaluation criterion for award of grant funding. Staff recommends approval of Resolution No.10 -13, Series of 2010, attached as Exhibit A to this memorandum. Discussion: The Town of Avon values its non - vehicular transportation modes and the expansion of non - vehicular transportation infrastructure. This notion is reinforced in plans and documents such as the 2006 Comprehensive Plan, the 2009 Comprehensive Transportation Plan, and the 2001 Eagle Valley Regional Trails Plan. The latter document, the 2001 Eagle Valley Regional Trails Plan, portrayed extending the trail through the Village at Avon to Dowd Junction, but the lack of development has left Town and County staff seeking alternate alignments. Collaboratively, Town and County staff have partnered to find a creative solution for the residents and guests of Avon and the entire valley for transportation and recreation. The proposed project's conceptual alignment is shown as Exhibit B. Staff recommends approval of Resolution No. 10 -13, Series of 2010. The Core Trail continuation project will be split into two phases: Phase 1 from Avon Road to Post Boulevard; and, Phase 2 from Post Boulevard to the Eagle Vail Interstate 70 interchange. Phase 1 is located largely within the Town of Avon boundary and will be the primary focal point of the application. Phase 2 is represented as a future, lower- priority phase. Phase 1 will run along the north side of US Highway 6 from near the Red House development to Stonebridge Drive, paralleling the highway with a grade and landscape buffer in spots, and in other areas meandering along the Eagle River. From Stonebridge Drive to Post Boulevard, the Phase 1 trail will more or less be located adjacent to the highway. The exact alignment is not determined as the project is not surveyed and designed. Phase 1 will be located on Town -owned land parcels, on CDOT -owned right of way, and potentially on easements granted by the Eaglebend Affordable Housing Corporation. Eaglebend has submitted a letter of support for the project. Phase 2 will have similar alignment goals to that of Phase 1. Financial Implications: Preliminary cost estimates for Phase 1 total approximately $900,000. Starting in 2012, the Town of Avon Capital Projects Inventory contains $250,000 per year in discretionary funds for Transportation Comp Plan Improvements, for which the proposed Core Trail connection would be eligible. Available CDOT funds are estimated to be approximately $300,000, and the Town of Avon will request $300,000 from the ECO Trails Fund to which Avon annually contributes transportation tax proceeds for purposes of transit operations and trails projects. No financial commitment would be required of the Town until 2012. Since the project is discretionary, it will likely only be funded if grant funding is awarded. Recommendation: Staff recommends approval of Resolution No. 10 -13, Series of 2010, A Resolution of Support for a Colorado Department of Transportation (CDOT) Enhancement Grant Application for Construction of Recreational Trail Improvements Along U.S. Highway 6 between Avon Road and the Eagle -Vail Interstate 70 Interchange, Town of Avon, Eagle County, Colorado. Proposed Motion: Move to approve Resolution No. 10 -13, Series of 2010, A Resolution of Support for a Colorado Department of Transportation (CDOT) Enhancement Grant Application for Construction of Recreational Trail Improvements Along U.S. Highway 6 between Avon Road and the Eagle -Vail Interstate 70 Interchange, Town of Avon, Eagle County, Colorado. Attachments: Exhibit A - Resolution No. 10 -13, Series of 2010 Exhibit B — Project Overview Map Town Manager Comments: • Page 2 EXHIBIT A TOWN OF AVON RESOLUTION NO. 10 -13 Series of 2010 A RESOLUTION OF SUPPORT FOR A COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) ENHANCEMENT GRANT APPLICATION FOR CONSTRUCTION OF RECREATIONAL TRAIL IMPROVEMENTS ALONG U.S. HIGHWAY 6 BETWEEN AVON ROAD, AND THE EAGLE -VAIL INTERSTATE 70 INTERCHANGE, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Town of Avon acknowledges the value of a regional core recreation trail system, known as The Eagle Valley Trail, and has supported its construction and maintenance elsewhere in Avon; and WHEREAS, Policy G.1.3 of the Town of Avon Comprehensive Plan states to "Require that commercial, public, and other uses that generate significant traffic are served by transit and linked by pedestrian bicycle paths to minimize their dependence on automobile travel;" and WHEREAS, Policy G.1.5 of the Town of Avon Comprehensive Plan states to "Identify and participate in cost - effective transit partnerships with local resorts and other governmental entities to include transit connections, buses, and other transportation services and facilities;" and WHEREAS, Policy G.1.17 of the Town of Avon Comprehensive Plan states to "Acquire alternative funding sources for operations and capital improvements to the transportation system: federal /state grants, public /private cost sharing opportunities, etc.;" and WHEREAS, the Town of Avon Comprehensive Transportation Plan, adopted in October of 2009, recommends that sidewalks or separate paved trails should be incorporated along US Highway 6; and WHEREAS, a portion of US Highway 6 between Avon Road and the Eagle -Vail Interstate -70 Interchange has been identified as providing inadequate and potentially unsafe bicycle and pedestrian facilities; and WHEREAS, the project has been divided into two phases: Phase I from Avon Road to Post Boulevard and Phase III from Post Boulevard to the Eagle Vail Interchange; and WHEREAS, the Town of Avon wishes to participate and prioritize improvements in Phase I of the project; and WHEREAS, the Town desires to improve the safety and recreational experience of that portion of US Highway 6 for its residents and visitors; and EXHIBIT A WHEREAS, the Town intends to submit a joint application with Eagle County Regional Transportation Authority (ECO Trails) for Colorado Department of Transportation (CDOT) Enhancement Grant Funding to construct the project as Phase I of the three -phase project; and WHEREAS, ECO Trails, upon approval by the Eagle County Regional Transportation Authority Board and Board of County Commissioners, appropriates matching funds for core trail expansion and improvement projects; and is participating in this grant application with the Town of Avon for Phase I, and requests CDOT funding for Phase II as future availability allows; and WHEREAS, the Town has appropriated discretionary funds in its 5 -year Long -Range Capital Improvements Program budget for construction of bicycle and pedestrian projects adequate to meet the matching funds requirements from local jurisdictions for the grant. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Town Council of the Town of Avon hereby supports the construction of additional Eagle Valley Trail between Avon Road and the Eagle -Vail Interstate 70 Interchange on US Highway 6 and wishes to obtain CDOT Enhancement Grant Funding, in partnership with ECO Trails, to assist with the implementation of Phase I of the proposed project. ADOPTED April 13, 2010. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk co 2� 0 {( k ) � \ k 2 ca § m Li \ ® k Pte. » a k CL 0 '00 m e F- § a § C f . f COL £ \ ) G 2 § COL E e wa l �w . .. } \ \ � ^�} ^�% ®) /\. y w ( - � \| !| r. - HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: March 30, 2010 SUBJECT: Mr. Frasco Appeal of RETT Exemption Application Denial Summary: Mr. Joseph Frasco submitted a real estate transfer tax exemption application which was denied. Mr. Frasco subsequently submitted a request to appeal the denial decision to the Town Council. This memorandum provides an overview of Chapter 3.12 Real Property Transfer Tax and exemption application appeals procedures. Background: The original exemption application materials included a Special Warranty Deed conveying Unit 335, Riverfront Resort ( "Property ") to Joseph Frasco on January 11, 2010, and a Quit Claim Deed conveying the Property from Joseph Frasco to 316 Wall Street Investment, LLC on January 28, 2010. My letter dated February 11, 2010 recognized that the 1 -28 -2010 Quit Claim Deed did not state the consideration properly, but stated that 50% of the transaction would be exempted if the Quit Claim Deed were corrected. My letter denied 50% of the transaction because it did not meet the technical requirements for an exemption set forth in Avon Municipal Code §3.12.060(5). Appeals Process: Avon Municipal Code §3.12.070(b) provides in part, "Any person whose claim of exemption is denied may, within thirty (30) days of transmittal of the decision of the Town Manager, appeal to the Town Council for a determination of such exemption, and such appeal shall be considered by the Town Council within thirty (30) days of the first regular Town Council meeting subsequent to receipt of the appeal. A failure by the Town Council to hear and decide the matter within thirty (30) days of the first regular Town Council meeting subsequent to receipt of the appeal shall operate as a decision favorable to the party appealing." Carolina Oliveira sent an e-mail on behalf of Mr. Frasco, dated March 22, 2010, regarding Mr. Frasco's appeals request. The Town Council has until April 22, 2010 (30 days after March 23, 2010 Town Council meeting) to act upon Mr. Frasco's appeal request, otherwise, the appeal shall be automatically approved. Town Council reviews the appeals request "de novo," which means that the Town Council shall consider and apply the language for exemptions to this application rather than merely reviewing whether there was any rational basis for the Town Manager's decision to deny the application. T0: Avon Town Council RE: J. Frasco RETT Exemption Appeal DATE: March 30, 2010 Page 2 of 2 Exemption: Avon Municipal Code §3.12.060(5) states, "Transfers made pursuant to reorganization, merger or consolidation of corporations, or by a subsidiary to a parent corporation for no consideration other than cancellation or surrender of the subsidiary's stock, or transfers made to a corporation, partnership, limited partnership, joint venture, business trust or other association or organization, if that association or organization is owned by the persons by whom such transfer was made, if such owners have the same relative interests in such association or organization as they had in the real property immediately prior to such transfer and there is no consideration other than their respective interests in the new association; [emphasis added]. Town staff has interpreted this provision broadly to include transfers from a business organization to a natural person or persons if the property interest received is the same relative interest as the interest in the business organization. The transfer of the Property from Mr. Frasco to 316 Wall Street Investment, LLC does not meet the "same relative interest" definition in Avon Municipal Code §3.12.060(5) because there is another person who is a member of 316 Wall Street Investment, LLC (Les Samuelson) who has a 50% ownership interest in 316 Wall Street Investment, LLC. As stated in the denial letter, Avon Municipal Code §3.12.060 does not provide an exemption for mistake in transactions. Town Council Discretion: Town Council must also follow the provisions for exemption from real estate transfer taxes as set forth in Avon Municipal Code §3.12.060. Generally, tax laws and TABOR would not be violated by granting an exemption from taxation which is not expressly authorized; however, a legal precedence for such an exemption would be established for similarly situated persons. In the event that Town Council approves Mr. Frasco's appeal and grants the exemption, I would recommend revisions to Chapter 3.12 to establish parameters and procedures for granting exemptions based on mistake in transactions. In the alternative, Town Council could choose to take no action, in which case, the appeals requested would be automatically granted by default on April 22, 2010. Requested Decision: Render a decision on Mr. Joseph Frasco's Appeals Request at the April 13, 2010 regular Town Council meeting. Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil(gavon.org From: Carolina [mailto: Operations @lightsonbroadway.net] Sent: Monday, March 22, 2010 9:37 AM To: Patty McKenny Subject: RE: * * ** *SPAM * * * ** RE: Looking forward to be in the next agenda Hello Patty, Thank you for the replay. The reason Joe requested to be in the next agenda is regarding a transfer tax issue on his Westin Riverfront Unit in Avon. He is looking forward to the April 13`h meeting. Please replay to this email, so we will know he has been placed to the agenda to that date and time. Thank You! Carolina Oliveira AP /AR From: Patty McKenny [mailto:PMckenny @avon.org] Sent: Friday, March 19, 2010 9:36 AM To: operations @Iightsonbroadway.net Subject: * * ** *SPAM * * * ** RE: Looking forward to be in the next agenda The next Avon Town Council meeting is April 13, 2010. Please forward the topic that Mr. Frasco would like to discuss as well as any materials related to his discussion. I think he should plan on being at the meeting around 5:30 pm that day. Thanks Patty McKenny Assistant Town Manager- Management Services Town of Avon, Heart of the Valley w.970.748.4035 email: Pmckennygavon.ora website: www.avon.ora From: Carolina [mailto: Operations @lightsonbroadway.net] Sent: Thursday, March 18, 2010 2:04 PM To: Patty McKenny Subject: Looking forward to be in the next agenda Hello Ms. McKenny, I would like to request to ad Joseph Frasco to the next agenda. Could you please send me a confirmation, as well date and time? Thank you! Carolina B. Oliveira Lights on Broadway, Inc. T: 970.328.5628 F: 970.328.5629 Toll Free: 866.562.1120 www.1ightsonbroadway.net Lf- HEIL LAW & PLANNING, LLC Eric Heil, Esq., A.I.CP. Office: 303.975.6120 1499 Blake Street, Unit I -G Fax: 720.836.3337 Denver, CO 80202 e -mail: ericheillaw(a)gmail.com March 16, 2010 Mr. Joe Frasco P.O. Box 3004 Eagle CO 81631 RE: Application for Exemption from Real Property Transfer Tax 316 Wall Street Investment, LLC. Dear Mr. Frasco, This letter is to inform you that if you do not agree with the decision of the Town Manager on your real estate transfer tax exemption then you are able to request an appeal. Pursuant to Section 3.12.070 of the Avon Municipal Code, any person whose claim of exemption is denied may appeal such decision to the Town Council within thirty (30) days of transmittal of the decision of the Town Manager. Because there may have been some confusion in communicating the appeals process to you, the Town is providing 30 days from the date of this letter for you to submit an appeal. Your request for an appeal must be in writing and received by the Town of Avon by April 15, 2010. Tile failure to receive a written request for appeal by this date shall be deemed to be a waiver of any right to appeal the decision of the Town Manager. Please feel free to contact me or Sandra Sodic [970.748.4019] if you have any questions regarding this letter. S injperely, Eric Heil Avon Town Attorney Cc: Sam Sodic, Account Assistant II Via certified mail 5 HEIL LAW & PLANNING, LLC Eric Heil, Esq., A.t.C.P. Office: 303.975.6120 1499 Blake Street, Unit 1 -G Fax: 720.836.3337 Denver, CO 80202 e-mail: ericheillaw @gmail.com February 11, 2010 Joseph Frasco Cell: 970.904.2002 RE: Application for Exemption from Real Property Transfer Tax Dear Mr. Frasco, I am denying the real estate transfer tax exemption application you submitted because the Quit Claim Deed, dated January 28, 2010 transferring the property from you personally as Grantor to 316 Wall Street Investment, LLC. as Grantee, states the consideration is ""This is NOT a Boulder County Property"". Avon Municipal Code Sec. 3.12.060(5) requires that no consideration other than the respective interest in the new association is provided. I suspect that the language in the January 28, 2010 Quit Claim Deed is in error. If you are able to correct this Quit Claim Deed with a new Quit Claim Deed, then I will certify that one half (1/2) of the transaction meets the permitted exemption from real estate transfer tax in accordance with Avon Municipal Code Sec. 3.12.060(5). Once a corrected Quit Claim Deed is submitted, I will only approve 50% of the real estate transfer tax exemption application you have submitted because the transfer of ownership is from 100% ownership by you personally to a 50% ownership by you as a member of 316 Wall Street Investments, LLC. Unfortunately, Chapter 3.12 of the Avon Municipal Code does not provide any exemption for mistakes in closing; therefore, neither I nor the Town Manager has the authority to waive the application of the real estate transfer tax to this transaction in whole. Please feel free to contact me or Sandra Sodic [970.748.4019] if you have any questions regarding this letter. Sincerely, Eric Heil Avon Town Attorney Cc: Sam Sodic, Accounts Receivable 9 Eagle, CO — 02/02/2010 HAND DELIVERED Attn: Eric Heil. Attorney Town of Avon, Colorado Dear Mr. Heil; As per our discussion on 02/02/2010: January 11'", I purchased Unit #335 located at Westin River Front Resort. On the morning of the closing, it was my intent to assign the contract to my LLC name of 316 Wall Street Investments LLC. In an effort to expedite the dosing, Land Title inquired with the Town of Avon about a property tax exemption. It was our understanding this transfer could be done exempting the transfer tax. It was my Intention to transfer this investment from Joseph Frasco to 316 Wall Street Investments LLC, even before we dosed on the property. I look forward to working with you to resolve this matter promptly. I have attached supporting documentation along with my application. Thank you for your consideration. Attach/ CO 7 pqq Land Title GUARANTEE COMPANY 0090 Benchmark kW Sub 205 P.O. Box 3480 Avon, CO 81620 910.949 -5M February 3, 2010 W. Joe Frasco P.O. Box 3004 Eagle, CO 81631 RE: Your purchase of Unit 335, Riverfront Resort & Spa Dear Mr. Frasco: This letter is for the purpose of confirming what occurred at the time you came into our Avon office to sign the buyer's papers on the above referenced property. When you arrived, you expressed the desire to have the ownership of the property be in an entity name, not your own name. There were some logistical problems, however, with doing this. So as to not delay the closing, you agreed to take title in your own name and later convert it into the entity. When you were in our office for closing, we phoned Sam at the Town of Avon to deteramme the logistics in getting an exemption from the Town of Avon transfer tax. Based on the information that was provided, it was my ii*iderstanding that you would be eligible for an exemption. Sam assisted us with where we could find the exemption forms on the website. j believe this accurately represents what occurred the morning of your closing, but if I can be of further assistance, please let me know. Sincerely, e jiire President COMPANY OPERATING AGREEMENT FOR 315 WALL STREET II1tV STbWfr LLC This OPERATING AGREEMENT is made and is effective as of February 11, 2008, by the undersigned parties (the "Members"). WHEREAS, the Members caused to be formed a Limited Liability Company by filing ARTICLES OF ORGANIZATION (the "Articles of Organization ") pursuant to the Colorado Limited Liability Company Act; WHEREAS, the Members desire to adopt this Operating Agreement; NOW, THEREFORE, in consideration of the agreements and obligations set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members hereby agrees as follows: "Members" shall mean any party who executes a counterpart of this Operating Agreement as a Member and being the Members Les Samelson and Joseph Frasco. "Members Man a¢ement" The Members may, each and separately as general agents of the Company, perform any and all lawful business for the Company, on any terms and conditions acceptable to the Member acting in the best interests of the Company. "Capital" Each Member shall contribute equal capital and each with a 50% membership interest in the Company as agreed upon between them. "Dissolution" (a) The Company shall be dissolved upon the occurrence of the written agreement of either of the Members. The undersigned hereby agree, acknowledge and certify, that the foregoing Operating Agreement constitutes the Operating Agreement of 316 Wall Street Investment LLC adopted by the Members of the Company as of the date the Articles of Organization were accepted by the Secretary of State. JESSICA MEIN NOTARY RST TE Member: IN CMV;jB ft "M OMIVOI rIaye 100 1 0 r_ BAC&F,- COUNTY, CO 200811748 Pas: 2 11:05:12AM 06/04/2008 a -: ? $11.00 DOC: 4 Alter Reoording Return to 316 Wall Sorest Investment. LLC PO Box M* 5 nay We, Co 81631 SPBgAL WARRANTY DEED This Deed, made May 13, 2008 Between Josepb Fresco and Les Samelson as to Parcel A and 316 Wall Street, Inc. A Colorado Corporation as to Parcel B, ofthe County Eagle, State of COLORADO, grantor(s) and 316 Wall Street Investment, LLC, , whose legal address is PO Box MG, EAgla. Co 81631, County of Eagle, and State of COLORADO, greates(s) 300 Y Wl I?MSl1M That the grantor(s). far and in the considendion of the sum of TEN AND 00 /100 DOLLARS Dollars ($10.00 ) the receipt and sufficiency of which is hereby aelmowledged, has granted, bargained. sold and conveyed, and by these prosena does grant, bargain, sell. convey and confirm. unto the grantee(,), his heirs and assigns fbraver, all the seal property together with imptnvemants, if any, situate, lying and being in the County of Eagle. State of COLORADO described as follows: Pared A: Lots 15,16,17,18 and 19, Biotic 26, In the Town of McDonald, now known as the Town of Eagle. County of Eagle. State of Colorado. Pared B: Lots 13 and 14, Block 26, Town of Eagle, according to the recorded plat thereof, County of Eagle State of Colorado. also lmown by street and number as 316 Wall St/304 Wall St., Eagle, CO 81631 TOGETHER with all end singular hereditaments and appurtenaaeea„ thmamto belonging, or in anywise appertaining, and the reversion and reversions. remainder end mmaindea, rants issues and profits thereof, and ell the estate, right. title, interest. claim and demand whatsoever of the grantor, either in law or equity, of. in and to the above bargained promises, with the bereditements and appurtenances. TO HAVE AND TO HOLD mid promises above bargained and described, with the appurtanaw unto the grantee, thohr heft and assigns forever. The grentaft for themselves, their beirs and personal representatives or woomars, does coverrent and agies dint they shall and will WARRANT AND FOREVER DEFEND the eboveo4tw5etaed prm kw in the quiet and peaceable possession of the grantee(:), their halts and assigns, against all and every person or pawns dalming the whole or any part thereat; by, through or under the e-itm(s)• The singular number shall Include the plural, the plural the singular, and the use of any gouda abed be applicable. to all genders. IN W17NM WHEREOF, the grantor has executed this on the data set forth above. COUNTY OF Eagle 200sttus i oft C Y ME W-0 M—M.6-17M mom )ss: was acllorowled before mo May 13, 2008 by Joseph Fresco and Les Samelson and 2e3 of 316 Wall Street, Inc. A Colorado Corporation. dial "ILL Michelle L. Dickman NOTARY PUBLIC STATE OR COLOMAdjq= NR 0 441100 %793 -0684MI *00MMIN100 "How �o &Mbk A Pmoel A: Lott 15,16.17, 17 and 19. Block 26, In the Town ofMeDonald, now kaown as the Town of Beghs, Cm M of Begk, st oe oft' llmdo pareol B: Lots 13 and 14, Bloch 26, Town of Beglg according to *a rceadad pletd Colony of BeOc 8t ft of Colomdo 2008/ 1746 2012 COPY OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that,, according to the records of this office, 316 Wall Street Investment LLC is a Limited Liability Company formed or registered on 02/11/2008 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20081086441. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 01/22/2010 that have been posted, and by documents delivered to this office electronically through 01/27/2010 @ 15:07:12. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 01/27/2010 @ 15:07:12 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7559413. Secretary of State of the State of Colorado ++ r+++++ ++++++ +++++++ + ++++++++ +++++++++ ++++++End of 11L ike A certificate L• ed electeoniad& fmm the Colorado eCcremry a mate'• Web site is fully and immediarely valid and effective. However. as an option, the Issuance and valldlry of a certificate obtained electranicaW may be established by visithtg the CerrlJFcale Cognation Page of the Secretary of Safe's Web sits 11i /t. h:" •nom- M�staters.�v /biJCrrtilicore archLritrriada entering the certVicalei confirmation number displayed on the eertiJlcate, and following the instructions displayed, Confirming the Fsnmce eta certifigate Is mereh+ optional and is not neeessa:y to rho valid and effective Issuance ofa cortFfirote For more Information, visit our Web site. Business Center and select "Frequently Asked Questions." CFRT t3S D Revised 08!'!0/1008 12 02/11/2008 17:27 3033299015 HSSSPC FRS ... `!TER CPR FAX ND. :970 926 4789 TOMMY JJRSj5PARTNGNT OF 23 eoo�as.)q)1YO.o4as.ses t ra 0.137 S0 r tiew L INVESTMENT LLC LM Les 5AM30N MDR po sox 18 PAIL CO 81658 eweat7 mzeu -,. PAGE 03/08 Feb. 08 2M 04 i PNY t `• Dote of 1H1s notioa, 06 -31 -2009 80 4 yer identification Number: Form, SS -4 Number of this Poetics' CP 575 1 per00 8k9v4933 you MW bell us et, 4708 OF INS�NOTICE. THE uR Asn9�=01'�►e�iD VOU AN PPLOM 1DOMPICATION NUM611 you EI1 °,20 -you B70A.o Ti�san1lf1 =6% iyy" sW°��a acacount,Ct,xirotu"no, and assigned doeweants. even i•/ you have no soployaao. Please koae this ewtiee in your parleeu,ant records. When filing tax documents, olesse was, the lobs y we provided. If this ifth't :oeaiblo., it is very iea,artsnt ttet yeu use year EIN and CC*pietD naves and address steady em shorn above an all fe ere tax formal PWNwntu and raletod eoppospendence. Any variation may cause a doley in PreaeeaiAg, result i inoorreat informtion ifs Yevr aeaevnt or oven cause you to be pseigned more then one Ef#. If the information and,re err t !o ua °so We show*- aar�aet yeun °a eountins � off stub from this notice falleye�gd�'anen*11 i"jormatisp f ) from you or Your representative, you most 'mile the tore■ IOmG 0S125IZOOs After our review e ew of your information. e how dater Aned that rev are dsl3nsuont For the tees period(a) dating ws -for book as, 005. Ploss.o file your retwrn(s) by Od -]r -2006. Psnaltisa eon0 interest will won inue to saeumulato from the due dots of the retuPnts) until it is filed. If you pars net in Waimea or did net hire any amplovaea far tr,a tox pariod(e) in auestien, alobeo file the return s) skewing you lhavima'elno 1116bt rriissfrewltwTRS°wwab iiti formal you ini X11 1- 000 -429 -3476 or Vow eon ]r you have awostieno about the forests) or- tka des de ts) �hown. you bon call or ..rite to us at the :hens o3,o r or addre" at 06 top of she f rat page o thL letter. If you need kola n e eraimi wkat your tame year ie see Pabliaatien BF36. Aeceuntim Periods and Helga. ovoileb�a at your lees1'113 ef�Lee or you can download thib Publ�catAwls rrwa •ur b e ;t.. at eeetw.irs.gov. Ma assigned yeu a tax blassifleationnesed am information ebwinad fr��1ygu or year rePPeaantogive. It is not s legal UerMinstfaR of your tog clsteifioetian. and loo not bi ng an She INS. If armor reek • legal etoradnstion YOU1� Nett olasdifiaetion Yew uaX r'Wwst a privyet. letter ruliling from the Sit' uneler th. Procedure, for �theoywer aloedure.S°04-1,2004-1 I.R.B. 1 for suAerasdin0 Revenue Business Search Results /3 02/11/2008 17:27 3033299015 HSSSPC PAGE 05/08 Document processing fee If document is filed on paper 3 125.00 if document is filed electronically S 50.00 Tees & forms/cover sheet,' are suhiect to change. To file electronically, access instructions for this roan /cover sheet and other information or print COP 105 of filed documents, visit 3",205-21 1111-00-us and select Businem renter. Paper documents must be typewritten or machine printed. Colorado Secretary of State COPY Dete and Time: 02/1 1 /2008 02:15 PM Id Number: 20081086441 Document number. 20081086441 mtrM AACC rOR OPME Y 40MY Articles of Organization filed purxuant to §7.90 -301, et seq. and 6740 -204 of the Colorado Revised Statutes (C.R.S) 1. Entity name: 2. Use of Restricted Words (Vany of ikete reran ore contained in an entry Rome. tats trine ofon extol . trade mono w vademork siond M thte document, mink the POP fi ON# 604.- 316 Wail Street Investment LLC r mme r1(e!)ntlred tteUltey aotnpaop emit mrttaie die tens or obbywW011010 "htatltd flow* mRpav': -Ad. hasdoy nonva -- 'wanted nnb/lity we.-. lid Mobilky ca - rinJts/• *1.1,e. ". or "hr1 "17- e1149t. CR.S.) ❑ "bwok" ut "trust" or srry darivativa thereof ❑ "credit union" ❑ "savings and loan" ❑ 'insurance", "casualty"; "MUMS)". or "Surety" S. principal office street address: 9550 South Cherry Street Suite 300 (sfne1 maa .t Denver Co 80246 t1r) Unl=d States Ramp code) (Provtnee - tfaptdAwld.J (Counnr if— uS7 4. Principal uff ice mailing addre:.s (if diftront Micro above): (5neet aatne and nn4er or Per/ ODlre Box tq(nrtaa►tan) fCW (S M) (Pottormp Code) Quince - I appUCObty (Comnry- trurr ti.W 3. Registered 'gem name (!f o Straw George n imii.iJvd)o (Lost) (AK) wgwo OR lira bva;ness cWtk mion): 6. The person identified above as registered agent bas conserved to being so appointed. 7. Registered agent street address: 950 South Cherry Street Spite 300 (sera moms cad n"MkH Denver CO- 80246 —000 ($rate) (,r0sW/zpC"V ARTORL' l -C Pegs 101`3 Rey. 01/0112011 r�- 02/11/2008 17:27 3033299015 NSSSPC PAGE 06/08 (C(DF)Y g. Registered agent mailing address C, different from above): (Sara ,wme and aaiwber or Pon tVke Box Worn►a"iml (Cty) (StntrJ (AMMI P -C .1 (Provence - r eJ (Coanrry • f /met us) 9. Name(q) and mailing address(es) of person(s) forting the limited liability company: Of an individual) Straw George A-0 (FYra) (Meddkl WW) OR (if a business oripmizotion) 950 South Cherry Street Suite 300 'deer mere ,mm rod wt a ox " Denver C:O 80246 10N) UnNIPStates (Poxar/IPc04 (Pnroeace- jmpphcoble) tcorranv- IT—U41 (if an individual) ()en) (fver) (Midd/ej (setQlxl OR (if o busintss organization) (Cheer namn and -member or Post office em rq(ormamnm) (Crrq) UAN SteteS (Aouol�pr Code) frrownet • ejommi- t) rCw.rme - Y-W W (I 1 an individual) (ten) (111M) ("M&) (s OR (ira hu%ineu organiration) (.lrtet $wine ead Mumber or Par Otto Fwr tillaw"rk") (C1N/ Urm States (Poxtdlt/pCodU (Proeim+n -Ij ttnbiy erm,,y - -ir rV ('/nose diva th nm permma arejbn aeg iAa hm bs$tiobllitr eompart. mark rile box El inetmde am agock~ aotieAtbe &no gimmes and mating *A*auarl1adlad somol prr wwjanmhgrike limirddltoMgtyewmpomy) 10. The management of the limited liability company is vested in managers ❑ OR is vested in the members 11. There is at least one member of the limited liability company. ARTOR() 1,t,C Pogo 2 or 1 Rev 01101=111 15- 82/11/2088 17:27 3033299815 12. (01)(10 IJ Delayed effective date: HSSSPC 13. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mark this box ❑ and include an attachment stating the additional information. PAGE 87/08 (C(DPY Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under pustalties of perjury, that the docil meat is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requ ircMants of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document wmplies with the requirements of that Part, the etawltuent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in tha 0vuument as one who hos caused it to be delivered. i A Names) and address(es) of the individual(s) causing the document StraW George to be delivered for tiling: 950 SoUth Cherry Street lr:o (mow.) StAte300nardnawr nwwbarorPact BarW"mvtionj Denver CO 80246 UrffgdStates ir0tto1i vc0dtj tp—j u. ljcpotcable) RoM1' -row UV (l!w dfetnwenf weed nat star fhe taw Nfww fe.d4d*eu gfmofa than one efdtvfdwal. l omwr. ifYan *9119081M she mean OW ad*— RJ tali oddmonai (adivideolt emwanR thr doetanent ►o be drlrvend jw►Jfh'% tutu# dRr bar ❑ and inA de an attoehmen► 00408 l%w rove oad oddfvrt of tacit 1ndiNdfm1i ) Disclaimer: This fbm,, and any related instnvninnq, are not intended to provide legal, business or tax advice,. and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirernelm as of its revision date. compliance with applicable law, as the same may be amended from time to time, remains ate responsibility of the user of his fnrrn. Questions should be addressed to the user's attorney. ARTORG_LLC Pap 3 of t Rev olrolrim Re 02/11/2088 17:27 3033299015 HSSSPC PAGE 88/08 C(DF)y NOTICE: ThR� "bna�s" r6. + +rrraly o dG�p /6.v ojtnfv+,norinn thM wn� f►l+ed tJecJranieo!(v !t tR qot on Image that wad e++saMJ by optrealfy aconn►ng o paper k6. ment. Nv such paper document was,/lltd t'onseyuent(y, tw cnpy of o paper Juernwe+rt +s mailable rognrdme this dawment. Questivnt7 coalvc► the Businecv Division For contact lnformallnr►, please visit the Secretary of Slates web 3116. 17 QUIT CLAIM DEED THIS DEED, made this day of 7rA n vA( w 1.n i O , by JOSEPH FRASCO Grantor, for this consideration of • ** This Is NOT a Boulder County Property •�• in hand paid, hereby sells and quitclaims to 316 WALL STREET INVESTMENT LLC Grantee, Individual whose street address is POB 3004, EAGLE, CO 81631 City of SAID, County of EAGLE, State of COLORADO, the following real property in the SAID, County of EAGLE, and State of Colorado, to wit: CONDOMINIUM UNIT NO. 335, RIVERFRONT RESORT AND SPA, ACCORDING TO THE CONDOMINIUM MAP RECORDED AUGUST 14, 2008, UNDER RECEPTION NO. 200817218, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR RIVERFRONT RESORT AND SPA RECORDED AUGUST 14, 2008, UNDER RECEPTION NO. 200917219 IN THE OFFICE OF THE CLERK AND RECORDER OF COUNTY OF EAGLE, STATE OF COLORADO. also known as street and number 126 RIVERFRONT LN. AKA UNIT 335 RIVERFRONT RESORT & SPA AVON CO 81620 State of W L&f -ho � ) )ss County of ) The foregoin instrument was acknowledged before me this day of �c by �"`p",j2ht V (a Stn Witness my hand and official seal. My commission expires 2 �+/ 8 No '045t tc KELLEY HANLON- THORPE NOTARY PUBLIC STATE OF COLORADO When fdgdL'de .dtuzMt5%pir<-: F .G. E EAGLE COUNTY, CO 201000732 TEAK J SIMONTCN Pqs: 3 03:21:52PM 01/13/2010 RaT. S 516.00 DOC. 5 S22.73 . 1131111121111111111 STATE DOCUMENTARY FES DatD: January u, 2010 SPEML WARRANTY DEED 422.75 T8<S MED, Keda an thin day of Jamaw 11, 2D10 , between RIVERPRONTVV AAW1MT11.,LLC,ADRLAWARELIDl MLiAW=COhIPANY of the CountY of 6V and State of C MXMADO Srantor(C. and JOSEFHPRASCO whose legs( address is t .0 EA C031631 of the ri+ -- County State of e Grantea(a): WTTN3SS, That the grantor, for and in consideration of the on of ( t22T,50D.w ) ass Tm Huodtod Tweemy Seven Thousand Five Hushed and 001100 see DOLLARS the receipt end swffteianey of which is hereby acknvwledgod, has gion ad, bargained, sold and cotwafed, grad by thus is esa dos grant, bargain, toll, convey std confirm uKe the Grantse(s), their heirs and arises former, all the rest ty, together with Improvements if any, situate lying end being in the �n—� county of FALHB aM state off Celorods. deser1bad s fellow: COUNTY OF RA MA also loans street saber 126 RIVBRVRM LN ABA UNrr 335 RLV>BPRONT RESORT & SPA AVON Co aid= TOfa'ETEM with all and singular and herditmonts and appaKarwics %herento belonging, or in @%via* appertaining and the reversion and reversions, reminder and fontndw , rents, issues and profits thsreoff and all the estate, right title interest, claim and I ddatwevar of the 0rsntor(s), either in tau or equity, of, in and to the above bargained premiss, with the harsditaaants and appartawss; TOHAVEAFIDTO HOLD the said premises above bargained and dsacribd with eppurtenenaas, unto the CranteeCo), their hairs, wxestors and assigns forever. The grantor, for itself, its auccssam aw seism, des covenant, and agree that it shall and will WARRANT AND FOREVER VEFEVO the abwo- beryelned premises in the quiet and peaceable possession of the Orantse(s), their hots, aleesssom and saslgro, awLnat sit cast every person or person claiming the whole or any art thereI by. through or under the am ntor(s). MXBPT' MMLAL TA E Alm Z;W& lS PORTHE WAR 2010 AND summUEIST YEARS AND SD wr TO THOSS 1TFId8 AS SET FORM ONID®Q'W ATTACMMINKSTOANDWCORPORAMgHtpJCp. INWTTHM WAZRHW the grantors) hove oncuttd this doed an the date set forth above. STATE OF COLORADO ) )s. Canty of EAGLE ) by RTVERMUM V)LTAOS HOTEL, 1=, ADELAWARE LUMM TIAIMM COARO?ANY by: EAST WH4t RESM DEVELAMI rNT $V, LP., ADELAWARBLP. TSMSTI M AS A LLL.P., ITAN _ 'A , A COLORADOCORPO TION,ITSC3>1>MALPARnzER bafare age an this day of a 1a- 17 -ao /3 official seal. "�'-'� When Recorded Return tee: JOSEPH FFASCO Eacrow# VA50027574 P.O. BOX 3004 EAGLE, Co 01631 Title# VWOOZ7574 Porn 432 01/17/03 SPECAD.OPEN WARRANTY DEW (Phatographic -Open) (9006161) r9 02111/2006 17:27 3033299015 • chinra& secretuv of State - Summary HSSSPC PAGE 04/06 Page 1 011 For s Summary 8 G!R o< d!g FIc OOVIRO °t Q Number. 20081086441 rues Vassar` 316 Walt Street investmcnt LLC Name: Buaftas vane `__.. ... --- — - -•...- - ... _ - -• - -• __--_- - - - -•-- Business walml n Registered Agent George Straw 950 south Cherry Street. Suite 300. Denver. CO 80246. ewa1e8s sseaon Registered Agent Street Addreao: United States FAQs Registered Agent Mailing Address: —_ OtoesW7— .._....�._ -- 950 South Cherry Street. Suite 300, Denver, CO 80246, Principal lsoe Street Address; United States Principal Office Mailing AddMW. Status: Form: Jurledietiom Formation Date: Term of Duration: Annual Report Month'. Good Standing Limited LiBbiliry Company Colorado 0211 1/2008 Perpetual February You may: . View History and Documents • Obtain certNicate of Good Standing • I•tig a oactiment • Set Up Email Notification PreMan POOD auaPsNn Cenur: 309 set 2200 • Pac 3e9 069 4e84 • e•meil: sos.pualnesGaos.stste oo.ua Seareh I Conrad us i Prnssy $016"t I Tun"* w4 v" U*#— •u..,... qn,-% sa>!nte.co.us/ biz B usinessRntityDetail. dojsessionid--O000VgYynO TaA4extm... 2/11/2008 o-C) Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Initials Legal: Eric Heil, Town Attorney From: Scott Wright, Asst. Town Manager — Finance (!ft Date: April 7, 2010 Re: Supplemental Capital Projects Fund Budget Amendment Resolution No. 10 -12 Summary: Staff has prepared a formal supplement budget amendment to the 2010 Capital Projects Fund budget to recognize changes occurring in the current budget year as a primary result of the carryover of unspent appropriations from the prior year. In addition, one project is being reduced in cost as a result of performing the project with in -house staff. Discussion: Closed -out projects. The following projects were closed -out in 2009 or have been closed -out so far in 2010: • Preliminary design and planning for the Transit % Public Works facilities improvement project; • Avon Recreation Center office and storage space remodel; • Avon Recreation Center CMU block deterioration investigation project; • Waste Heat Recovery system study; • Nottingham -Puder Ditch restoration project; • Nottingham Lake spillway replacement; • Comprehensive Transportation Plan; • Laserfiche Records Management System. Carryover projects. Unspent appropriations have been carried over from 2009 to 2010 for the following uncompleted projects: Page 1 • Avon Recreation Center vapor barrier repair - $25,278; • Nottingham Park trail maintenance and signage - $139,377; • Nottingham Park Stage - $19,608; • Nottingham Lake fishing pier - $20,000; • Lighting Conversion - $87,153; • 2010 paving program - $194,512; • Waste Heat Recovery system design - $523,759; • Waster Heat Recovery construction - $39,540; • Unified Land Use Code - $74,370; • Westin Riverfront capital contributions (RETT rebates) - $75,928 Total amounts carried forward for these projects from 2009 to 2010 total $1,199,525. Project reductions. The following projects have been reduced in the 2010 budget: Drainage Master Plan - $185,680. Tasks related to the completion of this project have been transferred to the Town's engineering staff with a corresponding reduction in the overall cost of the project. In addition, due to the work demand of the engineering staff this project is now scheduled to continued over for completion in 2011. A corresponding reduction in transfers -in from the Water Fund has been reflected in this budget amendment. Revenues. Delays in the start-up of the Waste Heat Recovery project has resulted in the carryover from 2009 to 2010 of billings to both the Eagle River Water and Sanitation District ($52,000) and the Department of Local Affairs ($215,208). Financial Implications: If adopted, the net Capital Projects Fund impacts of the above revisions will result in a revised ending fund balance for 2010 of $3,128,035, an increase of $1,181,835 from the original 2010 budget. Recommendation: Staff recommends that the supplemental budget resolution for the 2010 Capital Projects Fund be adopted. Town Manager Comments: • page 2 Attachments: A — Resolution 10 -12, A Resolution to Amend the 2010 Town of Avon Capital Projects Fund Budget B — Capital Projects Fund Budget Amendment No. 1, Pages 1 -5 • Page 3 TOWN OF AVON, COLORADO RESOLUTION NO. 10 -12 SERIES OF 2010 A RESOLUTION TO AMEND THE 2010 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2010 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2010 AND ENDING ON THE LAST DAY OF DECEMBER, 2010 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2010 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2010; and WHEREAS, the Town Council finds it necessary to amend the 2010 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2010; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2010: Town of Avon Resolution No. 10 -12 Page 1 of 2 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget as hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 13th day of April, 2010. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk Town of Avon Resolution No. 10 -12 Page 2 of 2 Original or Current Previously Proposed Amended Amended 2010 Budget 2010 Budget Capital Projects Fund Beginning Fund Balance $ 3,474,167 $ 5,588,319 Revenues and Other Sources 4,418,802 4,500,330 Expenditures and Other Uses 5,946,769 6,960,614 Ending Fund Balance 1,946.200 3.128,035 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget as hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 13th day of April, 2010. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk Town of Avon Resolution No. 10 -12 Page 2 of 2 REVENUES Taxes Intergovernmental Investment Earnings Other Revenue Total Operating Revenues Other Sources: Transfer In from Other Funds TOTAL REVENUES EXPENDITURES Current: Allowance for Bad Debts Capital Improvements: Facilities Land and Land Improvements Roads and Streets Utilities Recreation Water Fund Projects Communications and Technology Strategic Planning Other Developer Rebates Total Capital Improvements Other Uses Operating Transfer -Out - General Fund Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCE, Beginning of Year FUND BALANCE, End of Year Capital Projects Fund #41 Amendment No. 1 Fund Summary Original or Prev. Amended Actual Budget 2009 2010 Proposed Revised Difference Budget Increase 2010 (Decrease) $ 1,761,980 $ 2,091,798 $ 2,091,798 $ - 346,860 1,500,400 1,767,608 267,208 69,273 80,104 80,104 - 26,635 1,500 1,500 - 2,204,748 3,673,802 3,941,010 267,208 548,875 745,000 559,320 (185,680) 2,753,623 4,418,802 4,500,330 81,528 49,901 647,287 675,000 700,278 25,278 61,015 360,000 538,985 178,985 693,460 200,000 481,665 281,665 187,661 3,794,206 4,357,505 563,299 278,875 425,000 239,320 (185,680) 39,720 125,000 125,000 - 301,300 25,000 99,370 74,370 3,277 25,000 25,000 - 295,659 - 75,928 75,928 2,558,155 5,629,206 6,643,051 1,013,845 308,314 317,563 317,563 308,314 317,563 317,563 2,866,469 5,946,769 6,960,614 1,013,845 (112,846) (1,527,967) (2,460,284) (932,317) 5,701,165 3,474,167 5,588,319 2,114,152 $ 5,588,319 $ 1,946,200 $ 3,128,035 $ 1,181,835 Page 1 Capital Projects Fund #41 Amendment No. 1 Revenue Detail Original or Proposed Prev. Amended Revised Difference Account Actual Budget Budget Increase Number Description 2009 2010 2010 (Decrease) Taxes: 51401 Real Estate Transfer Tax $ 1,761,980 $ 2,091,798 $ 2,091,798 $ - Intergovernmental: Federal / State: 53199 Department of Local Affairs (DOLA) Construction Grant 53199 Department of Wildlife (DOW) FIF Grant Local Government / Other: 53401 ECO Cost Sharing (Transit Facilities Imp. Project) 53401 ERWSD Cost Sharing (Heat Recovery Project) 53401 Eagle County Trails Grant Traer Creek Metro District: 53401 Nottingham -Puder Ditch Cost Sharing 53401 East Beaver Creek Blvd. 53000 Total Intergovernmental Investment Earnings: 57101 Interest Earnings 58000 Total Other Revenues Other Sources: 59201 Transfer In from Community Enhancement Fund 59201 Transfer In from Water Fund 59201 Transfer In from Facilities Reserve Fund 59201 Transfer In from Avon Urban Renewal Authority 59000 Total Other Sources 50000 TOTAL REVENUES 22,792 1,112,000 1,327,208 215,208 - 108,000 108,000 - 235,360 - - - - 280,400 332,400 52,000 11,700 - - - 28,110 - - - 48,898 - - - 346,860 1,500,400 1,767,608 267,208 69,273 80,104 80,104 - 1,500 1,500 511 - - - 21,462 - - - 4,662 - - - 26,635 1,500 1,500 - - 220,000 220,000 - 278,875 425,000 239,320 (185,680) - 100,000 100,000 - 270,000 - - - 548,875 745,000 559,320 (185,680) $ 2,474,748 $ 3,673,802 $ 3,941,010 $ 267,208 Page 2 Other Revenues: 58104 Fireplace Fees 58108 Finance Charges 58211 Developer Reimbursements: 58211 Vail Resorts (Red House Annexation) 58999 Nonclassifed 58000 Total Other Revenues Other Sources: 59201 Transfer In from Community Enhancement Fund 59201 Transfer In from Water Fund 59201 Transfer In from Facilities Reserve Fund 59201 Transfer In from Avon Urban Renewal Authority 59000 Total Other Sources 50000 TOTAL REVENUES 22,792 1,112,000 1,327,208 215,208 - 108,000 108,000 - 235,360 - - - - 280,400 332,400 52,000 11,700 - - - 28,110 - - - 48,898 - - - 346,860 1,500,400 1,767,608 267,208 69,273 80,104 80,104 - 1,500 1,500 511 - - - 21,462 - - - 4,662 - - - 26,635 1,500 1,500 - - 220,000 220,000 - 278,875 425,000 239,320 (185,680) - 100,000 100,000 - 270,000 - - - 548,875 745,000 559,320 (185,680) $ 2,474,748 $ 3,673,802 $ 3,941,010 $ 267,208 Page 2 it V � r LL Z v .0 -0 L CL C m U M 0) a) m d (D 64 c O 0) O c0 O) h co i CO . i . 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O C 0 m m N C a CO 00 0 00 0 00 0 0 _ 0 O O O O O N N C O O ' 'O � � � � M C C N N N N N NCA (O L) m m N L L6 to � n n N ' O O00 � O L LQ N N I N ' N ( O N M m 0M M N U 7 0 N N M M M M 0 m 0 0 U O N N L LO Q N N N o O O C CA C CO M M O M CO 'O f N f0D O M 0 0) C 0 O ap O a C a O .c C d c O .? ° c o V d o CJ •- c � v m a�i c a a0i a o n H c c f0 0 LL 0 c c �j r r E y Z CO O CT CT N CO E 'p toll toll > N W wc-, Q W a, , y c E V ? eo r- CO H ' M Zm a m aZ N O c o > o > E O c� 0 a 0 0 o 2� ¢ Q a m c rn = M c N m O m o a s a t t m r N := m r v 2 a) . v �a E o o OO . 0 L) cm ~ d > N 3 c 0 O C U a d O 0 d G O NN O ci y Q i m a N U Q 0 X> O N N Q U >> ~ c N 0 0 0 O O O 0 O O 7 O E O O O r- O O O rn O O O Q Z r- r- o o rn rn rn TV- (0 m l0 a TV- (0 m l0 a TOWN OF AVON, COLORADO CAPITAL PROJECTS FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (BUDGETARY BASIS) FOR THE YEAR ENDED DECEMBER 31, 2009 1,350,000 1,511,646 Variance with 864,359 Land and Land Improvements Final Budget - Budgeted Amounts Actual Positive Original Final Amounts (Negative) Revenues 459,399 Utilities Taxes: 729,540 187,661 Real Estate Transfer Tax $ 3,745,098 $ 1,475,000 $ 1,761,980 $ 286,980 Intergovernmental 1,248,690 705,470 269,853 (435,617) Investment Earnings 128,350 128,350 69,273 (59,077) Other Revenues 1,500 16,500 103,642 87,142 Total Revenues 5,123,638 2,325,320 2,204,748 (120,572) Expenditures Capital Projects: Facilities 1,350,000 1,511,646 647,287 864,359 Land and Land Improvements 1,300,000 280,791 61,015 219,776 Roads and Streets 1,295,000 1,152,859 693,460 459,399 Utilities 680,000 729,540 187,661 541,879 Recreation - - - - Water Fund Projects 819,379 428,821 278,875 149,946 Strategic Planning 150,000 392,581 301,300 91,281 Communications and Technology 50,000 50,000 39,720 10,280 Other 25,000 25,000 3,277 21,723 Rebates & Capital Contributions - 371,587 295,659 75,928 Total Expenditures 5,669,379 4,942,825 2,508,254 2,434,571 Excess (Deficiency) of Revenues Over (Under) Expenditures (545,741) (2,617,505) (303,506) 2,313,999 Other Financing Sources (Uses) Transfers In: Water Fund 819,379 428,821 278,875 (149,946) Avon Urban Renewal Authority - 270,000 270,000 - Transfers Out: General Fund (308,314) - - - Avon Urban Renewal Authority (848,271) (308,314) (308,314) - Total Other Financing Sources (Uses) (337,206) 390,507 240,561 (149,946) Net Change in Fund Balances Fund Balances, Beginning of Year Fund Balances, End of Year (882,947) (2,226,998) (62,945) 2,164,053 5,134,017 5,701,165 5,701,165 - $ 4,251,070 $ 3,474,167 $ 5,638,220 $ 2,164,053 69 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney From: Jennifer Strehler, Director of Public Works and Transport ion ,�P/ Date: April 13, 2010 Re: Weeds - Ordinance 10 -06 Summary: Town Council action is requested to amend the town code regarding weeds. Previous Council Actions: § §8.24.045 of the Avon Municipal Code entitled "Weeds" was approved in 1983. §§ 8.24.046 of the Avon Municipal Code entitled "Undesirable Plants" was approved in 1992. These two sections of the code will be repealed in their entirety and replaced with a new Chapter 8.36. Background: Avon Public Works has been managing noxious weeds with Avon Town limits since about 1983. We have attempted to manage all species listed on the state's A list of the Colorado Noxious Weed Act (8 CCR 1203 -19, aka "the Act ") plus several species from the B list. However our existing local ordinance only identifies the following species for management: Russian, spotted, and diffuse knapweed, Canada thistle, musk thistle, and leafy spurge. There are other weeds and problem plants that should be regulated to better control their spread and negative effects within Avon (e.g., toad flax, yellow sweet clover). The process used by Public Works for weed management has been as follows: 1. Observe noxious weed growing on private lands. 2. Send certified letter to property owner with formal Notice requiring weed mitigation within 10 days. 3. Wait at least 10 days. 4. Enter private lands and inspect for weeds. 5. Schedule corrective action. 6. Conduct appropriate weed mitigation (either using internal staff or via a third party contractor). 7. Invoice property owner for weed mitigation work. 8. Collect payment from property owner for work performed. 9. If payment is not received, the Town has the right to file a lien with the County against the property. (To date, the town has not had to do this.) This process would remain essentially the same after passage of Ordinance 10 -06. The existing code language regarding weeds has been found to be somewhat ambiguous and out - dated. To better comply with the Act and be more effective at regulating weeds, the town should formally adopt a management plan for noxious weeds and establish a local weed advisory board. Discussion: Passage of Ordinance 10 -06 will correct code language deficiencies and ambiguities. This update will improve the town's ability to regulate Colorado State listed "noxious weeds" and other undesirable plants. The new ordinance names the Town Council as the "local weed advisory board of the Town of Avon ". This formalizes the authority for the weed mitigation program. The attached "Avon Noxious Weed Management Plan" is adopted as part of this ordinance. This Plan names 16 specific plants which are currently listed as "noxious" under the Act and which are known to be problematic in Avon. Other plants which are also already on the state's A or B noxious weed list are incorporated into this Plan by reference. Yellow sweet clover has been added to Avon's noxious weed list as #17 because it is already problematic, is invasive and detrimental to cattle, and is currently a candidate for addition to the state's list. The language of this Plan is such that our list of regulated species automatically updates to include the state's list, as the state's list may evolve over time, without requiring amendment to our local code. Future updates to this Plan would require re- adoption of the Plan by motion. This ordinance also regulates non - noxious weeds. Such weeds are defined as any vegetation greater than 6" in height unless otherwise specifically excluded. Excluded plants are: trees, vegetables, plots of shrubbery, town - approved landscaping, and native vegetation on undisturbed or fully restored lands. Weeds are to be managed such that they stay within a 6" height limit. Financial Implications: No impact. The town's 2010 budget already includes $40,000 in weed mitigation expenses along with a complementary $40,000 in weed mitigation assessed fee revenues. Recommendation: Staff recommends passage of Ordinance 10 -06. Motion: I move to approve Ordinance 10 -06, Series 2010, an ordinance amending Chapter 8.24 of the Avon Municipal Code, on first reading. 2 Town Manager Comments: Exhibits: • Ordinance 10 -06 • "Noxious Weed Management Plan" dated 04/13/2010 TOWN OF AVON, COLORADO ORDINANCE 10 -06 SERIES OF 2010 AN ORDINANCE ENACTING WEED CONTROL REGULATIONS. WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council is authorized to declare nuisances, establish fines and penalties, and require abatement of public nuisances pursuant to its home rule authority and pursuant to Colorado Revised Statute §31- 15- 401(1)(c); and WHEREAS, the Town Council is authorized to provide for the removal of weeds pursuant to Colorado Revised Statutes §31- 15- 401(1)(d); and WHEREAS, the Town Council is authorized to implement and enforce the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -101 et. seq.; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; 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. 448.24.045 and 8.24.046 Repealed. § §8.24.045 and 8.24.046 of the Avon Municipal Code are hereby repealed in their entirety. Section 3. Chapter 8.36 Enacted. Chapter 8.36 of the Avon Municipal Code is hereby enacted to read as follows: "Chapter 8.36 Weed Control Regulations. Ord 2010 -06 Weed Control Regulations Page 1 of 6 A 4.8. 10 8.36.010 Purposes. The purposes of this Chapter 8.36 are to require the control of weeds and noxious weeds and to require the removal of noxious weeds from property within the Town pursuant to the Town of Avon's Home Rule Authority and in the manner provided by the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -101 et. seq. and by the Avon Municipal Code and to fulfill the Town of Avon's municipal obligations under the Colorado Noxious Weed Act. The purposes of this Chapter 8.36 also include the purposes stated in the Colorado Noxious Weed Act in C.R.S. §35 -5.5 -102. 8.36.020 Interpretation and Effect. Where any provision, regulation, term or definition of this Chapter 8.36 differs from the Colorado Noxious Weed Act, it is the intent and interpretation of the Town that the provisions, regulations, terms and definitions in this Chapter 8.36, including the Town of Avon Noxious Weed Management Plan adopted pursuant to this Chapter 8.36, shall supersede the Colorado Noxious Weed Act and shall apply in the Town of Avon. 8.36.030 Definitions. The definitions set forth in the Colorado Noxious Weed Act, C.R.S. §35 -5.5 -103, are hereby adopted and shall apply within this Chapter 8.36 unless such definitions are in conflict with the definitions adopted below in this section. The following definitions shall also apply to this Chapter 8.36: Noxious Weed means noxious weeds as defined by the Colorado Noxious Weed Act, plants declared noxious weeds by the Colorado Department of Agriculture, and plants declared to be noxious weeds by the local advisory board of the Town of Avon. Property means any real property located within the municipal boundaries of the Town of Avon. Public Works Director means the Director of Public Works or the Public Works Director's designee. Town of Avon Noxious Weed Management Plan means the noxious weed management plan adopted by the Town Council acting as the local advisory board. Weeds means any vegetation, including grass or brush, but not including: vegetables, agricultural grain plots, native plants in undisturbed or restored land, and plants included in a landscape plan approved by the Town. 8.36.040 Local Advisory Board. The Town Council shall be the local advisory board for all state and local noxious weed statutes, ordinances and regulations. The mayor shall be the chair and the mayor pro tem shall be the secretary. A majority of the members of the board shall constitute a quorum. The voting rules for the local advisory board shall be the same as for the Town Council. The local advisory board may adopt, amend and update the Town of Avon Noxious Weed Management Plan by resolution. Ord 2010 -06 Weed Control Regulations Page 2 of 6 v4 4.8.10 8.36.050 Plants Declared Noxious Weeds. All plants which are declared noxious weeds are named and described in the Town of Avon Weed Management Plan. The Town of Avon Weed Management Plan shall be reviewed and updated in compliance with the Colorado Noxious Weed Act. A plant that aggressively invades or is detrimental to economic crops, live stock, wildlife or native plant communities or is a carrier of detrimental insects, diseases, allergens or parasites may be declared a noxious weed. 8.36.060 Public Nuisance, Noxious Weeds. Any and all plants declared noxious weeds by the Town are declared to be a public nuisance. 8.36.070 Public Nuisance, Weeds. Weeds other than noxious weeds which are not controlled in accordance with this Chapter 8.36 are declared to be a public nuisance. 8.36.080 Control of Noxious Weeds. The owner of property shall control noxious weeds through elimination of such noxious weeds from such property. Elimination and removal of noxious weeds shall occur in accordance with the Town of Avon Noxious Weed Management Plan. The owner of property shall comply with the duties of landowners set forth in C.R.S. §35.5.5- 108.5. 8.36.090 Control of Weeds. (a) The owner of property shall have the duty to control weeds on such property as required by this Chapter 8.36. (b) It is unlawful for the owner or occupant of any property, to permit weeds to grow to a height of six inches (6 ") or more in the Town. (c) It shall be the duty of the Town to control weeds in all right -of -ways dedicated to the Town in the areas maintained by the Town as designated in the Official Town Maintenance and Repair Map, adopted by and set forth in AMC § 12.16.020 of the Town Code. It shall be the duty of the abutting property owner to control weeds in a public right -of -way between the property line and the edge of pavement unless the Town has assumed the duty to control weeds as defined in this AMC §8.36.080(c) except such duty of abutting property owner shall not apply to federal and state owned public right -of -ways. (d) Any area which is undeveloped open space and which is (1) undisturbed and covered with native vegetation or (2) completely restored and covered with native vegetation, shall be exempt from the requirements of this section. 8.36.0100 Violations. It shall be a violation of this Chapter 8.36 for any property owner or person to violate any provision of this Chapter 8.36 or to violate any provision of the Colorado Noxious Weed Act. 8.36.0110 Enforcement. The Public Works Director shall the authority to administer and enforce this Chapter 8.36. Any violation of this Chapter 8.36 may be referred to the Town Attorney who shall promptly file a complaint in a court with jurisdiction. The Public Works Ord 2010 -06 Weed Control Regulations Page 3 of 6 v4 4.8. 10 Director shall have the authority to abate public nuisances declared in this Chapter 8.36 as set forth below. 8.36.0120 Abatement of Noxious Weeds. (a) Entry and Inspection. The Town shall have the right to enter upon any property for the purpose of inspection if verbal permission is granted by the property owner to enter such property. If verbal permission is not granted to the Town by the property owner, the Town shall have the right to enter upon any property after providing notice to the property owner by sending such notice via certified mail to the address of record according to the Eagle County Assessor's Office. In addition to sending notice of inspection by certified mail, the Town may send such notice by other practical means. If, after ten (10) days, the property owner does not respond or denies access, the Town may seek an inspection warrant in accordance with C.R.S. §35-5.5 - 108.5(4)(b). Upon obtaining a valid inspection warrant, the Town may enter the property between the hours of 7:00 a.m. and 8:00 p.m. (b) Notice of Eradication. If the Town finds the presence of noxious weeds upon inspection of the property, the Town shall provide a notice of eradication to the property owner. The notice of eradication shall be sent by certified mail to the address of record according to the Eagle County Assessor's Office. In addition to sending notice of eradication by certified mail, the Town may send such notice by other practical means. The notice of eradication shall name the noxious weeds, shall identify eradication as the required management objective, shall advise the property owner to commence eradication efforts with a specified period or condition, shall state the integrated noxious weed management techniques proscribed in the Town of Avon Noxious Weed Management Plan and shall advise the property owner that the property has five (5) days from the date of mailing notice of eradication to submit a plan and schedule acceptable to the Town for the completion of the management objective. (c) Eradication by Property Owner. Within five (5) days after the Town sends the notice of eradication, the property owner shall comply with the terms of the notification of eradication or shall submit a plan and schedule which is acceptable to the Town for the completion of the management objective. An essential component of any plan and schedule for completion of the management objective shall be to eradicate noxious weeds prior to the seasonal time in which such noxious weeds create and disburse seeds or otherwise spread or propagate. (d) Abatement. In the event the property owner fails to comply with the notice to eradicate the identified noxious weeds and implement an appropriate noxious weed eradication program, the Town may enter upon the property, take such actions as deemed necessary to eradicate the noxious weeds and abate the public nuisance. The Town may assess the whole cost of eradication and abatement, including up to one hundred percent of inspection, eradication, and other incidental costs including but not limited to administrative and legal costs. In addition, the Town may assess an additional five percent (5 %) of the whole costs of eradication and abatement in accordance with C.R.S. §31- 15- 401(l)(d). The assessment shall be a lien on the property and may be certified to the clerk of the county treasurer who shall collect the assessment in the same manner as other taxes in accordance with C.R.S. §31 -15 -401 and C.R.S. §31 -20 -105. Ord 2010 -06 Weed Control Regulations Page 4 of 6 v4 4.8. 10 8.36.0130 Abatement of Weeds. The Public Works Director or Town Manager may abate weeds in the same manner as the abatement of other public nuisances as set forth in Chapter 8.24. 8.36.0140 Penalty. A violation of this Chapter 8.36 shall be a civil infraction and shall be subject to penalty as provided in Chapter 1.09 of this Code, in addition to any other remedies provided herein or allowed by ordinance, law, rule, or regulation. 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 5. 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 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 Home 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 Ord 2010 -06 Weed Control Regulations Page 5 of 6 A 4.8.10 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 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 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 and setting such public hearing for April 27, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on April 13, 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 April 27, 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 2010 -06 Weed Control Regulations Page 6 of 6 A 4.8.10 TOWN OF AVON NOXIOUS WEED MANAGEMENT PLAN ADOPTED , 2010 The Town of Avon in accordance with "Colorado Noxious Weed Act ", C.R.S. §35 -5.5 -101 et seq. hereby designates the following plants as Noxious Weeds: Management Method # 1 2 3 4 5 6 7 8 9 10 11 12 13 Common Name: Leafy Spurge Russian Knapweed Diffuse Knapweed Spotted Knapweed Canada Thistle Musk Thistle Plumeless Thistle Scotch Thistle Houndstongue Whitetop /Hoary Cress Yellow Toadflax Oxeye Daisy Dalmatian Toadflax 14 Common Tansy 15 Scentless Chamomile 16 Salt Cedar 17 Yellow Sweet Clover Scientific Name: Euphorbia esula Acroptilon repens Centaurea diffusa Centaurea maculosa Cirsium arvense Carduus nutans Carduus acanthoides Onopordum acanthium Cynoglossum officinale Cardaria draba Linaria vulgaris Chrysanthemum leucanthemum Linaria dalmatica Tanacetum vulgare Matricaria perforate Tamarix chinensis Melilotus officinalis The purpose of this Noxious Weed Management Plan is to adopt a list of noxious weeds for the Town of Avon. The basis for this list is set forth in the "Colorado Noxious Weed Act" C.R.S. §35 -5.5 -101 et seq. Weeds which commonly occur in Avon and which are listed on the state's A, B, and C list at the time of adoption are identified above. In addition, yellow sweet clover ( Melilotus officinalis) has been identified as noxious by the Town of Avon. Although this plant is not currently listed on the state's list, it is identified as noxious by the town and included herein because it is currently a candidate for state listing, fits the definition of noxious plant, and has been found to be problematic in Avon. It is expressly understood in this Plan that the above - referenced list shall be inclusive of all "List A" species of noxious weeds to the extent they are found within the Town of Avon and identified for mandatory eradication by the State of Colorado. It is also expressly understood that any and all "List B" species of noxious weeds not currently listed above, but later found within the Town of Avon and identified by the state for mandatory eradication pursuant to state regulation 8 CCR 1203 -19, shall be incorporated into this plan and that no amendment hereto shall be necessary prior to taking enforcement action for the eradication of said species. The Town of Avon may annually review and update this list of noxious weeds pursuant to state statute, or sooner if necessary. -1- I. Introduction: The noxious weeds that have currently invaded our community have be come a threat to the economic and environmental value of land in the Town of Avon. These weeds are not indigenous to this county and have no natural predators or diseases to keep them in check. They are rapidly displacing desirable vegetation causing a loss of productive wildlife grazing and recreational resources. An integrated noxious weed management plan must include best practice strategies along with the Federal, State of Colorado, Town of Avon and Private land owners, working together to meet the challenges we now face in our state. II. Goals of this plan: • Adopting and implementing the Colorado Noxious Weed Act as they apply to the Town of Avon. The Town of Avon Noxious Weed Regulations as it pertains to noxious weeds will automatically update along with all future revisions and amendments to the Colorado Noxious Weed Act. • Education of the public and private landowners concerning weed management issues facing our community. • Work with the Federal, State, County, and private landowners to implement "Best Management Practices. " • Identify, inventory and map out noxious weeds currently in our community and use as a means to monitor our effectiveness and as a tool for future work plans. III. Weed Management Methods: The Colorado Noxious Weed Act provides that integrated methods must be utilized in the management of weeds. Integrated methods include but are not limited to: Cultural, Chemical, Biological and Mechanical management. For proper control of a particular weed species, it may be necessary to utilize more than one method. The following general comments regard control methodology apply to all listed or otherwise identified noxious weeds, unless otherwise specifically excluded in the detailed management plan listed below for a particular plant species: • Cultural — those methodologies or practices conducted to favor the growth of desirable plants over undesirable plants. Including but not limited to: maintaining an optimum fertility and plant moisture status in an area, and planting species most suited to an area. (e.g., Grazing, Revegetation for wildlife) • Erosion Control — Healthy plant revegetation of all disturbed sites with acceptable grasses, trees, and other plantings, with a 2 year warranty and extensive weed control during the re- growth period. • Chemical — the use of herbicides or plant growth regulators to disrupt the growth of undesirable plants. (e.g., Herbicides) • Biological — the use of organisms to disrupt the growth of undesirable plants. (e.g., insects, bacteria, pathogens, goats) -2- • Mechanical — practices that physically disrupt plant growth including but not limited to: tilling, mowing, burning, cutting, mulching, hand pulling, and hoeing. Tilling, mowing, mulching, and hoeing are generally only effective if done to plants prior to the flowering stage. After this stage the seeds have formed and these plants must be completely removed from the property by cutting or hand - pulling as part of the mitigation effort Cut plants which include buds, flowers, or seed pods should be placed in clear plastic bags, the bags labeled "noxious weeds ", and landfill disposed. Landfill disposal should be done through a licensed landscape maintenance contractor or by direct deposit in the landfill. Unless otherwise recommended below, no removed weed material which includes buds, flowers, or seed pods should be burned, composted, or heaped, or otherwise left exposed. Note that personal protective equipment (PPE) should be worn when conducting weed mitigation. This may include gloves, long sleeve shorts, full length pants, safety boots, and safety glasses. Mitigation work should be done carefully because some of the weeds and herbicides can cause eye and/or skin irritation. 1. Leafy spurge - (Euphorbia esula) a perennial that spreads by seed and creeping rootstocks. An extensive root system with vast nutrient reserves makes this plant extremely difficult to control. Management Methods: a) Cultural: seeding perennial grasses can be an effective management tool. Early emerging plant species that utilize early season moisture such as smooth brone (Bromus inermis) or crested wheat grass have reduced leafy spurge density and limited the spread and establishment of new infestations. Alfalfa can also be a good competitor with leafy spurge. b) Chemical: Contact a licensed commercial applicator for specific recommendations for herbicide use. c) Biological: grazing with sheep or goats can stress leafy spurge making it more susceptible to other control methods. Apthona flava and Apthona nigriscutis are two species of flea beetles that have been introduced to attack leafy spurge. Adults feed on foliage during summer and lay eggs at the base of spurge plants. The larvae tunnel the soil and mine the roots as well as the fine root hairs. These insects along will not control leafy spurge but they can weaken the plant making it more susceptible to herbicide treatments or other control methods. d) Mechanical: mechanical methods have not been proven to be an effective management tool on this plant. Comments: A complex of insects, grazing, plant disease and chemical methods will be necessary to stress the plant sufficiently to attain acceptable control. -3- 2. Russian Knapweed - (Acroptilon repens) A creeping perennial weed which once established, becomes extremely difficult to control. In heavy infestations few plants can grow in competition. Management Methods: a) Cultural: dry range seeded with Crested wheatgrass can cause stress in knapweed by using up moisture for spring growth. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: a leaf & stem gall - forming nematode (Subanguina peridus) has been released in the U.S. This nematode had shown limited success in controlling Russian knapweed d) Mechanical: due to the extensive energy reserves in the root system, removal of top growth alone will not provide adequate control of Russian knapweed. In fact recent studies have shown that mowing increases Russian knapweed density and stimulates growth. 3. Diffuse Knapweed - (Centaurea diffusa) is a biennial or short lived perennial which has become one of the most damaging rangeland weeds in the Northwest inter - mountain area. Management Methods: a) Cultural: Seeding of Crested wheatgrass can inhibit the spread of diffuse knapweed in dry climates b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Two kinds of seed head gall flies (Uphora affins and Uphora quadrifaciata) attack the seed heads of Spotted knapweed. The larvae of the files induce galls in immature flower heads thus directing nutrients away from seed production. These flies will reduce seed production of the plant but not sufficiently to stop its spread. d) Mechanical: Deep plowing can reduce the stand density. 4. Spotted Knapweed - (Centaurea maculosa) is a biennial or short lived perennial that greatly reduces the range's carrying capacity for both livestock and wildlife. Management Methods: a) Cultural: Good grazing management is one of the best defenses against the spread of knapweeds on the range and pasture lands. Proper stocking rates, good livestock distribution and correct timing and deferment of grazing are essential to the maintenance of a healthy range or pasture environment. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Two kinds of seed head gall flies (Uphora afns and Uphora quadrifaciata) attack the seed heads of Spotted knapweed. The larvae of the files induce galls in -4- immature flower heads thus directing nutrients away from seed production. These flies will reduce seed production of the plant but not sufficiently to stop its spread. d) Mechanical: Deep plowing can reduce the stand density. 5. Canada Thistle — (Cirsium arvense ) A perennial weed with an extensive root system, Canada Thistle reproduces both by seed and by vegetation buds on the roots. This requires a much more extensive management plan than the biennial thistles. Management Methods: a) Cultural: Cultivation may increase the number of plants by spreading the roots to new areas where they may become established. Competitive crops, especially alfalfa and forage grasses may be used to control Canada thistle infestations. Choose aggressive grass with early season vigor to plant in areas where Canada thistle is present. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Ceutorhynchus litura is a stem weevil whose larvae mine tissues of the leaf, root crown and root. Outward signs of damage by this larvae are not readily apparent but secondary damage is caused by other organisms which enter the plants through exit holes made by the larvae. Urophora cardui is a stem gall fly whose larvae cause galls to form on the stem of Canada thistle plants. The galls reduce the plant's vigor making it less able to compete with other plants or to resist pathogens or attacks by other insects. It is essential that both of these insects be combined with other methods of control for adequate management of Canada thistle. d) Mechanical: Mowing can be an effective tool when combined with herbicide treatment. Mowing alone is not effective unless conducted at two week intervals over several growing seasons. Mowing should always be combined with cultural and chemical control. 6. Musk Thistle — (Carduus nutans) is a biennial weed. Biennial weeds are best controlled in their first year of growth. Very commonly found noxious weed in Eagle County. Management Methods: a) Cultural: The best way to prevent or reduce the amount of biennial thistle is to manage areas that are susceptible to invasion b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Rhinocyllus conicus is a flower head weevil which is widely distributed in Eagle County. This weevil consumes most of the seeds in the terminal flower heads, but has no effect on buds which form later in the season. The conicus weevil can be an effective control method only if it is combined with chemical mechanical controls. Trichosirocalus horridus is a crown weevil which feeds on the growing tip of the thistle rosette. This weevil has been released on numerous occasions in Eagle County but has - 5 - not yet become established. Due to the very nature of the predator prey cycle the bio control listed above will not completely eliminate the thistle. d) Mechanical: Since these thistles are biennials and do not resprout, they are easily killed by tillage or any method that severs the taproot below the crown of the plant. If dug or cut after seed heads have formed the plants should be burned or otherwise destroyed so the seeds will not mature. Mowing is effective only if done when flowers first open. A second mowing may be necessary because the plants may recover and produce viable seed later in the growing season. 7. Plumeless Thistle — (Carduus acanthoides). See description and management method for the Musk Thistle ( #6 above). 8. Scotch Thistle — (Onopordum acanthium). See description and management method for the Musk Thistle ( #6 above) 9. Houndstongue — (Cynoglossum officinale) is a biennial weed which is toxic to horses and cattle. The seed is contained in pods, which are covered with barbs enabling them to stick to clothing or animal hair, and thus readily transported. Management Methods: a) Cultural: Maintain range and pasture in good condition through proper irrigation and fertilization. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: No biological controls are available at this time. d) Mechanical: Severing the taproot below the crown will control Houndstongue. After cutting, the plants should be burned or removed if they are in bloom to prevent seed formation. 10. Hoary Cress Whitetop — (Cardaria draba ) is a perennial plant, which is very competitive with native vegetation. Its early seeding habits make it difficult to effect control in a timely manner. Management Methods: a) Cultural: The effectiveness of mowing or cultivation will be increased if perennial grasses or alfalfa are seeded as competitor species. Promote healthy grass in rangeland or pastures by using proper irrigation and fertilization techniques. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: No insects are known to be effective for controlling this weed. -6- d) Mechanical: No scientific data is available on mechanical control for this species. Mowing just prior to seed set may reduce overall seed production, but must repeated several times during the growing season. 11. Yellow Toadflax - (Linaria vulgaris) This deep- rooted perennial plant is an aggressive invader of rangeland, pasture and waste areas. Once established on a site it is one of the most difficult noxious weeds to control. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 12. Dalmation Toadflax — (Linaria dalmatica) An introduced perennial with a creeping root system. This plant may suppress desirable grasses even in well managed rangeland or pastures. Management Methods: a) Cultural: No data is currently available for the control of Yellow toadflax. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Calophasia lunula moth larvae can reduce the root reserves and general vigor of Yellow toadflax by defoliating new growth and eating buds and flowers. Gymnetron antirrhini is a capsule weevil which can reduce the amount of seed produced but has little if any effect on stand density. Combine the use of either of these insects with chemical or mechanical control for best results. d) Mechanical: Mowing at bud stage two or three times per year will reduce seed production but will not effect stand density or duration. Repeated cultivation twice a year for two years should slow the spread and reduce seed population. This should be followed by seeding of competitive grasses. 13. Oxeye Daisy — (Chrysanthemum leucanthemum) A member of the sunflower family is an erect perennial plant with white ray and yellow disk flowers which bloom from June -7- through August. A native of Eurasia, this aggressive plant has escaped cultivation and become a troublesome weed in the Intermountain West. Management Methods: a) Cultural: Maintain range and pasture in good condition through proper irrigation and fertilization. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: None known d) Mechanical: Hand pulling or digging before seed head production can used to effectively control small infestations. However, for this method to be successful it is important to remove as much of the underground part as possible. 14. Scentless Chamomile — (Marticaria perforata) An escaped ornamental plant, this annual has become widely established in the eastern part of Eagle County and is a threat to native plant communities. Management Methods: a) Cultural: Learn to identify the plant and physically remove them when they first appear. Seed competitive cool season grasses that out compete this plant at its early stage of growth. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: No known biological controls d) Mechanical: Since it is an annual plant, chamomile can be controlled by hand pulling, cultivation, or any type of physical disturbance. 15. Common Tansy - (Tanacetum vulgare) An escaped ornamental, is a perennial plant, from 1 %2 feet to 6 feet tall with showy button -like flowers. Tansy is a member of the sunflower family and has become widely established on the western slope of Colorado. Flowering typically occurs from July to September. Tansy reproduces by both seed and creeping rootstock. Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance and seed dispersal, eliminating seed production and maintaining healthy native communities. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: None known d) Mechanical: can be mowed before flowering and seed set to eliminate seed production. This method may have to be repeated to eliminate regrowth from the rootstock. -8- 16. Salt Cedar (Tamarix chinensis) is a evergreen shrub or small tree which grows near water and hydric soils and reaches a height of 5 to 20 feet tall. The leaves are small, scale -like and bluish -green in color. Tiny pink to white colored flowers have five petals and grow on slender racemes. Salt Cedar reproduces by seed Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance. Revegetation and active management of revegetated areas is needed for disturbed areas to prevent growth of this weed. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: The Salt Cedar Leaf Beetle (Diorhabda elongate) larvae and adults feed on foliage and can cause plant death if defoliation is consistent. This beetle is commercially available for distribution. d) Mechanical: A bulldozer, chainsaw, or prescribed fire can be used in conjuction with follow -up herbicide treatment for returning sprouts. 17. Yellow Sweet Clover (Melilotus officinalis) is an annual or biennial legume which grows from 2 to 6 feet tall. It has small yellow to white flowers in a multiflowered terminal and along auxillary racemes, serrated trifoliate leaves, somewhat resembles alfalfa. It is not native to Colorado and appears on disturbed sites. It is a drought- tolerant plant. Although useful for honey producers, it causes bloat in cattle and anticoagulation of blood. The plant degrades native grasslands and reduces biodiversity by competing for nutrients and by covering and shading native sun - loving plant species. It reproduces by seed, producing as many as 100,000 seeds per plant; seeds may remain viable for up to 20 years. Management Methods: a) Cultural: Prevent the establishment of new infestations by minimizing disturbance. Revegetation and active management of revegetated areas is needed for disturbed areas to prevent growth of this weed. b) Chemical: Contact licensed commercial applicator for specific recommendations for herbicide use. c) Biological: Sitona cylindricollis, the sweetclover weevil, may severely damage the plant. Adults of the insect feed on the foliage and larvae feed on the roots of the plant. A sweetclover root borer, Walshia miscecolrella, is a native insect that may damage sweetclover plants on rare occasions. An ash -gray blister beetle, Epicauta fabricii, a striped blister beetle, Epicauta vittata, and a margined blister beetle, Epicauta pestifera, have also been found feeding on the plant. Yellow sweetclover is palatable by livestock - within the risks mentioned above - and plant infestations may be reduced if heavily grazed. a) Mechanical: Hand pull early and when the soil is moist. Completely remove all plants containing seeds. Burning has had variable results, including increasing germination, and is therefore not recommended. -10- Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Greg Daly, Interim Police Chief From: Eric Heil, Town Attorney Matt Jamison, Police Service Officer Date: April 8th, 2010 Re: Revised Wildlife Ordinance, No 10-07, Series of 2010, Summary: The revision of this ordinance will give a clearer understanding to residents, property managers, commercial business owners and guests as to their responsibilities in protecting and maintaining wildlife in the Town of Avon. It will also assist in minimizing the risk of dangerous interactions between humans and wildlife. Background: Avon Municipal Code 8.32, Wildlife Protection, currently defines Residential Refuse Disposal as all residential refuse containers that receive garbage and /or refuse edible by wildlife. These containers must either be wildlife resistant, wildlife proof or be kept in a fully enclosed structure. The current ordinance has not addressed commercial or multi - family housing units or the responsibilities of the property owners or property managers. Therefore it has been difficult to seek compliance and /or enforce violations without better definitions in the ordinance. Discussion: This ordinance revision better defines: • Wildlife proof containers vs. wildlife resistant refuse containers. • Residential refuse disposal to include multi housing developments and other types of clustered residential housing utilizing centralized refuse containers. • Commercial refuse disposal. • The maintenance and operation of all refuse containers and enclosures • The roles and responsibilities of property managers. property owners, any designated property manager, any person in charge or control of a property, or any person who failed to secure a container when depositing refuse or attractants. Financial Implications: The revised Wildlife Ordinance does not have any fiscal implications. Recommendation: Staff recommends adoption of the revised Wildlife Ordinance. Recommended Motion: I move to adopt the revised Wildlife Ordinance. Town Manager i TOWN OF AVON, COLORADO ORDINANCE NO. 10 -07 SERIES OF 2010 AN ORDINANCE REPEALING AND REENACTING AVON MUNICIPAL CODE CHAPTER 8.32 WILDLIFE PROTECTION REGULATIONS 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 ( "Town "), the Town Council has the power to 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, pursuant to C.R.S. §31- 15- 401(b), the Town Council has the power to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the Town Council recognizes that the Town has a responsibility to protect its citizens and the local wildlife by eliminating temptations that attract wildlife; and WHEREAS, establishing regulations regarding the containment, disposal, and collection of refuse and prohibiting the feeding of wildlife is an appropriate method to protect both its citizens and local wildlife; and WHEREAS, pursuant to C.R.S. §31 -16 -101, the Town Council has the power to provide for enforcement of its ordinances by, among other means, fines of not more that one thousand dollars; and WHEREAS, the Town Council finds that enacting regulations that restrict wildlife's access to any garbage, refuse, or food product and providing penalties for violating those regulations will minimize the risk of dangerous interaction between humans and wildlife, and that 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. incorporated herein by reference and adopted Council. The above and foregoing recitals are as findings and determinations of the Town SECTION 2. ORDINANCES REPEALED. The following ordinances are hereby repealed: Ordinance No. 06 -15, AN ORDINANCE AMENDING CHAPTER 8.32, TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION HEROF; Ordinance No. 06 -05, AN ORDINANCE AMENDING CHAPTER 8.32, TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION Ord. No. 2010 Page 1 of 8 v6 4.8.2010 ejh HEROF; Ordinance No. 05 -07, AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL CODE, RELATING TO THE REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION HEROF; and, Ordinance No. 04 -11, AN ORDINANCE AMENDING TITLE 8, AVON MUNICIPAL CODE, TO ESTABLISH REGULATIONS AND STANDARDS REGARDING THE PROTECTION OF WILDLIFE AND PROVIDING PENALTIES FOR THE VIOLATION HEROF. SECTION 3. REPEALED AND REENACTED. Chapter 8.32 of the Avon Municipal Code is hereby repealed and reenacted in its entirety to read as follows: "CHAPTER 8.32 Wildlife Protection 8.32.010 Purpose. The purpose of this Chapter is to protect and maintain wildlife in the Town and surrounding areas and to minimize the risk of dangerous interaction between humans and wildlife. 8.32.020 Definitions. As used in this Chapter, the following words or phrases are defined as follows: Attractant means any substance which could be reasonably be expected to attract wildlife or does attract wildlife, including, but not limited to, food products, pet food, feed, compost, grain, or salt. Centralized refuse container means any dumpster or similar device used for the collection and storage of solid waste. Refuse means any waste that could reasonably attract wildlife including, but not limited to: kitchen organic waste, food, food packaging, toothpaste, deodorant, cosmetics, spices, seasonings, and grease. Resident means any person, firm, corporation, or organization within the Town or on Town - controlled land. Residential refuse container means any trashcan or similar device used for the collection and storage of solid waste as defined in Section 8.12.010 that is not deemed wildlife- resistant by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. Special Event means a festival, fair, circus, concert, performance, race, vendor sales lot or activity, or any other temporary activity using outdoor or indoor spaces approved or sponsored by the Town and inviting the public to participate with or without charge, whether held on public or private property. Ord. No. 2010 Page 2 of 8 v6 4.8.2010 ejh Town Manager means the Town Manager or designee responsible for enforcing the provisions of this Chapter and to whom all enforcement personnel are responsible. Wildlife means any undomesticated mammal, including, but not limited to, elk, deer, sheep, lynx, skunks, bears, raccoons, coyotes, beavers, porcupines, mountain lions, bobcats, and foxes. Wildlife proof refuse container means a fully enclosed metal container with a metal lid, such as a dumpster. The lid must have a latching device of sufficient design and strength to prevent access by wildlife. Wildlife -proof refuse containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife -proof refuse container if it is certified as such by an official designated by the Town. Wildlife- resistant enclosure means a fully enclosed structure consisting of four (4) sides and a roof. The structure must have a latching device of sufficient design and strength to prevent access by wildlife. The walls of the enclosure must extend to the ground and the door can have no more than a 3/8 -inch gap along the bottom. Ventilation openings shall be kept to a minimum and must be covered with a metal mesh or other material of sufficient strength to prevent access by wildlife. Wildlife- resistant enclosures are subject to both the Building Code and the Zoning Code of the Town of Avon. An enclosure of less than two hundred (200) square feet shall not require a building permit but will require approval of a minor project application from the Town. An enclosure of two hundred (200) square feet or larger requires a building permit. A wildlife - resistant enclosure must be approved by an official designated by the Town. Wildlife- resistant refuse container means a fully enclosed container of sturdy construction, either plastic or any other material which meets the definition of refuse container Section 8.12.010 of this Code and which is reinforced to deter access by wildlife. The container must have a sturdy lid with a latching mechanism which prevents access to the contents by wildlife. Wildlife- resistant refuse containers must remain intact and functional for at least thirty (30) minutes when subjected to wildlife, as certified by the Living with Wildlife Foundation, Interagency Grizzly Bear Committee. A container not so certified is considered a wildlife - resistant refuse container if it is certified as such by an official designated by the Town. 8.32.030 Operation and maintenance of all refuse containers and enclosures. (a) All refuse containers defined in this Chapter shall be kept closed and secured when refuse is not being deposited. Any container which is so full as to prevent a container from latching as designed is not a wildlife - resistant or wildlife -proof refuse container within the meaning of this Chapter. (b) Trash compactors may be in compliance with this Chapter so long as the lid of such compactor is not exposed in such a manner as to permit access by wildlife. Compactor doors must be kept closed at all times except when loading or removing refuse, and the area around the compactor must be kept clean of refuse and debris. Ord. No. 2010 Page 3 of 8 v6 4.8.2010 ejh (c) If a container or enclosure is damaged such that it permits access by wildlife, repairs must be made promptly and no later than twenty -four (24) hours after written notification from the Town Manager or peace officers. (d) All refuse containers that are placed at the curb, alley, or public right of way for collection must have the residence street address and unit number permanently affixed to the container with letters and digits no smaller than two inches in height. 8.32.040 Residential refuse disposal. (a) All refuse containers that receive refuse or attractants as defined by this Chapter must be either wildlife - resistant refuse containers or residential refuse containers. Residential refuse containers must be securely stored within a house, garage, or wildlife- resistant enclosure. (b) Residents with curbside pickup shall place their residential refuse containers out for pickup at or after 6:00 a.m. on the morning of the pickup. After pickup, residential refuse containers must be securely stored within a house, garage, or wildlife- resistant enclosure by the end of the same day. If wildlife- resistant refuse containers are used, they may be placed out for pickup after 6:00 a.m. on the day before pickup. After pickup, all wildlife- resistant refuse containers must be secured in an appropriate manner before the end of the same day. If wildlife - resistant refuse containers are placed curbside for pickup after 6:00 a.m. of the day before pickup and such container is breached by wildlife, the resident or property owner may be required to upgrade to a refuse container approved by an official designated by the Town or the wildlife - resistant refuse container must be placed out for pickup at or after 6:00 a.m. of the morning of the pickup. (c) Other household waste that cannot reasonably be considered refuse or an attractant as defined in this Chapter, including but not limited to, inedible yard maintenance waste, household items, and cardboard, shall not require the use of wildlife - resistant or wildlife -proof refuse containers when not commingled with refuse or any other attractant. (d) Multi- family housing developments and other types of clustered residential housing utilizing centralized refuse containers must use either a wildlife -proof refuse container or a wildlife - resistant enclosure for all refuse and attractants. The container or enclosure shall be kept closed in a secure manner except when refuse or attractants are being deposited. All wildlife -proof refuse containers or wildlife - resistant enclosures shall post a conspicuous sign on the container or enclosure which explains the proper usage of the container or enclosure. The sign must provide sufficient information to remind residents of proper usage and be approved by the Town of Avon Community Development Department and the Chief of Police prior to being installed. 8.32.050 Special event refuse disposal. Outdoor special event sites shall be kept free from the accumulation of refuse and attractants. Refuse and attractants must be collected from such sites at the close of each day's activities and shall be deposited into appropriate wildlife - resistant or wildlife -proof refuse containers or Ord. No. 2010 Page 4 of 8 v6 4.8.2010 ejh wildlife- resistant enclosures as provided in this Chapter, or shall be removed to an appropriate disposal site. 8.32.060 Construction site refuse disposal. All construction sites must have a designated refuse container that receives refuse or attractants as defined by this Chapter. This container shall be a wildlife -proof refuse container. 8.32.070 Commercial refuse disposal. All refuse containers receiving refuse and attractants from commercial establishments and restaurants shall be wildlife -proof refuse containers or shall be secured in a wildlife - resistant enclosure. Notwithstanding the forgoing, this requirement shall not apply to municipal refuse containers which are emptied at the end of each day or multiple times per day. 8.32.080 Feeding wildlife prohibited. (a) No person shall intentionally or unintentionally feed or provide food in any manner for wildlife on public or private property within the Town. Persons will be considered to be in violation of this Chapter if they leave or store any garbage, refuse, attractant, or food product in a manner that would create an attraction for wildlife. (b) No person shall leave or store any refuse, attractant, food product, pet food, grain, or salt in a manner which would constitute a lure, attraction, or enticement for wildlife. (c) Between the dates of April 15 and November 15, all bird feeders must be suspended on a cable or other device so that they are inaccessible to bears, and the area below the feeders must be kept free from the accumulation of seed debris. (d) This Section shall not apply to: (1) Any individual, company, or corporation that is duly licensed by the State or otherwise entitled under law to possess a wildlife species. (2) Any action that is officially sanctioned by the State that would require feeding, baiting, or luring of wildlife. An example of one such action would be scientific projects dealing with capturing and tagging wildlife. (3) The feeding of wild birds, unless the bird feeder begins to attract other forms of wildlife. 8.32.090 Enforcement (a) The Town Manager and peace officers shall, in connection with their duties imposed by law, enforce the provisions of this Chapter. (b) The Town Manager and peace officers shall have the right to inspect, during reasonable hours, any property in the Town concerning any wildlife matter or potential wildlife attractant. Ord. No. 2010 Page 5 of 8 v6 4.8.2010 ejh (c) The Town Manager and peace officers shall have the authority to issue a warning notice, citation, summons, complaint, penalty assessment notice or other charging document in accordance with Chapter 1.09 of the this Code to any person in violation of this Chapter including, but not limited to, property owners, any designated property manager, any person in charge or control of a property, or any person who failed to secure a container when depositing refuse or attractants. (d) A resident shall be deemed to have been issued an appropriate notice of violation if it is personally served upon the resident posted on the resident's premises or placed in the U.S. Mail, postage pre -paid, and addressed to the resident according to the last known address given by the resident to any Town or County government department. If the identity of the resident is not known, the entity responsible for payment of the garbage removal services for the subject location will be held responsible for complying with this Chapter and for any penalties assessed pursuant to the same. (e) In addition to the penalties outlined herein, upon order of the Town Manager or a peace officer, violators will be required to perform all necessary actions to remove or abate attractions to wildlife. This may include, but shall not be limited to: the removal of bird feeders or pet food, cleaning or appropriate storage of barbeque grills, and /or the required use of wildlife - resistant refuse containers, wildlife -proof refuse containers, or wildlife - resistant enclosures. 8.32.100 Penalties. (a) The graduated fine schedule for the penalty assessment procedure is as follows: fenaLty Violation $100 to $250 fine First violation. $250 to $1,000 fine Each successive violation within twelve (12) months of the previous violation. Ed 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. SEVERABILITV. 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 Ord. No. 2010 Page 6 of 8 v6 4.8.2010 ejh 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 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] Ord. No. 2010 Page 7 of 8 v6 4.8.2010 ejh INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for April 27, 2010, at the Council Chambers of the Avon Municipal Building, located at 1 Lake Street, Avon, Colorado, on April 13, 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 April 27, 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. No. 2010 Page 8 of 8 v6 4.8.2010 ejh TOWN OF AVON, COLORADO AVON WORK SESSION MEETING FOR TUESDAY, APRIL 13, 2010 MEETING BEGINS AT 1 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.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 1:00 PM —1:15 PM 1. EXECUTIVE SESSION a. The sale of real property pursuant to Colorado Revised Statute §24-6 - 402(4)(a), receiving legal advice pursuant to Colorado Revised Statutes §24- 6- 402(4)(b) and determining strategy for negotiations and instructing negotiators pursuant to Colorado Revised Statute §24- 6- 402(4)(e) concerning Buffalo Ridge 1 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 1:15 PM — 1:30PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. Eagle County Open Space Advisory Committee Update (Ron Wolfe, Mayor) b. Eagle River Water & Sanitation District (Kristi Ferraro, Councilor) Questions related to the operation's report submitted by ERWSD c. Eagle River Fire Protection District Impact Fees (Scott Wright, Assistant Town Manager Finance) Memo only Review ERFPD budget as a result of the adoption of the impact fee ordinance d. Harry A. Nottingham Park Pavilion Update / Memo only 1:30 PM — 3:30 PM 4. AVON DEVELOPMENT CODE (Sally Vecchio, Asst Town Manager Community Development, Eric Heil, Town Attorney) Review several aspects of the development code including bonus density, commercial zoning, parking regulations, and PUD regulations 3:30 PM — 5:00 PM 5. EAGLE VALLEY MULTI -PARTY LAND EXCHANGE (Ron Wolfe, Mayor) Review status of multi -party land exchange 5:OOPM 6. ADJOURNMENT Avon Council Meeting.10.04.13 Page 1 of 5 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Initials Legal: Eric Heil, Town Attorney From: Scott Wright, Asst. Town Manager - Finance Date: April 7, 2010 Re: Eagle River Fire Protection District Impact Fees Summary: In July, 2008 the Town passed Ordinance No. 08 -06, which adopted a fire protection and emergency services impact fee on behalf of the Eagle River Fire Protection District (District). Pursuant to Section 3.7 of the Intergovernmental Agreement (IGA) between the Town and the District that governs the payment, collection and use of such impact fees, the District is to provide to the Town its annual audit report and its annual budget detailing the revenues and expenditures of the impact fees. Attached is a transmittal letter from Nikki Cribbs, the District's financer office, and the District's 2010 annual budget. According to Ms. Cribbs, there are no anticipated expenditures of impact fees anticipated during the 2010 year. Town Manager Comments: E*XI Attachments: A — Transmittal Letter and 2010 Annual Budget — Eagle River Fire Protection District Page 1 r( a Se;ew February 18, 2010 Town of Avon Commissioners PO Box 975 Avon, CO 81620 Re: 2010 Budget - Impact Fee Planned Expenditures Per the District and the Town of Avon intergovernmental agreement regarding impact fee collection, find attached the adopted 2010 Budget. Note that there are no anticipated expenditures with collected impact fee funds anticipated during 2010. Our December 31, 2009 audit and detailed impact fee collections report will be forwarded upon completion and approval by our Board of Directors, no later than July 31, 2010. If you have any questions, please do not hesitate to contact me at (970) 748 -4750 2. Sincerely, Nikki Cribbs ncriMrx�eegiwr7�4lrcnry, tn{�5 Oatc.�]gIC�.O 18 �S:3a 63 -UTW' Nikki Cribbs Finance Officer Eagle River Fire Protection District (970) 748 -4750 ncribbs@eagleriverfire.org POST OFFICE BOX 7980 • 0351 BENCHMARK ROAD • AvON, COLORADO 81620 -7980 PHONE: 970- 748 -9665 • FAX: 970- 748 -4749 • EMAIL: INFO @ERFPD.ORG EAGLE RIVER FIRE PROTECTION DISTRICT AVON, COLORADO BUDGET MESSAGE The Eagle River Fire Protection District serves a 186 square mile area of Eagle County, Colorado including the communities of Avon, Arrowhead, Bachelor Gulch, Beaver Creek, Cordillera, Eagle - Vail, Edwards, Minturn, Red Cliff, and Wolcott. It is a professional fire service agency with nine stations of which five are staffed 24 -hours per day by 52 full -time employees and a resident - firefighter capacity of 22. The District is equipped to protect residences, businesses, rural areas, high -rise resort hotels, and forested areas throughout the District The attached budget for the Eagle River Fire Protection District includes the proposed expenditures of the District and the means of financing them. A public hearing is conducted prior to adoption of the budget to obtain taxpayer comments. The budget is legally adopted and expenditures appropriated through the passage of budget resolutions on or before the last day of December. The Board of Directors is authorized to transfer budget amounts between line items. However, the Board of Directors must approve any revisions that exceed the total expenditures by supplemental appropriation. The level upon which expenditures may not legally exceed appropriations is the legally adopted annual operating budget for the fund. The District budget is made up of three funds: the General Operating Fund, the Capital Impact Fund, and the Debt Service Fund. The General Operating Fund encompasses all financial resources relating to the overall operations of the District including personnel, commodities, contract services and general debt services. The Capital Impact Fund encompasses reserves to fund specific capital projects that address growth and its impact on the current service levels of the District. The Debt Service Fund, being added in 2010, encompasses the accumulation of resources for, and the payment of, debt principal and interest related to the certification of participation series 2010. The District's budget is prepared on the modified accrual basis of accounting, which accounts for revenues when they are measurable and available, and expenditures within the period in which the District normally liquidates the related liability rather than when the liability is first incurred. Governmental accounting standards require a comparison of the legally adopted budget with actual data on the budgetary basis, which actual data may differ from GAAP presentations in the audit report. Budget Highlights The District's revenues remain stable and the expenditures modest. Due to the uncertain national financial climate and the pending 2011 reassessment of properties, the District is taking a conservative approach to the overall 2010 Budget, and will be operating cautiously in these uncertain economic times. The property tax mill rate is budgeted to remain at 5.550 mills. Revenues Page 1 of 2 U:\Accounting \Budgets\2010 Budget \Proposals\2010 Budget Message 112008 doc Last printed 11/20/2009 2:55 PM Within the General Fund, the District can anticipate $622,408 from an ad valorem increase in the assessed value, and $5,529,286 from capital and bond proceeds. It will also continue to receive funds awarded in 2009 from a SAFER grant designated to help finance nine (9) firefighters and contributions from Beaver Creek Metropolitan District for service contract fees. As accounted for within the Capital Impact Fund, Eagle County, the Town of Avon, the Town of Minturn, and the Town of Redcliff have all begun collecting impact fees on the District's behalf. However, due to the decelerated rate of construction and development both on a local and national level, impact fee collections for 2010 are estimated to be lower than originally modeled. Impact fee collections and interest revenues for 2010 are estimated at $77,429 total. A new Debt Service Fund, being created during the 2010 Budget process, will be utilized to restrict general operating resources for the purpose of paying principal and interest toward the certificate of participation bonds, series 2010. $764,286 will be transferred in from the General Operating Fund for these purposes. While another estimated $3,653 is anticipated in interest. Expenditures The General Fund budget is allocating $5,008,359 for capital. The District will continue to maintain its current fleet stock by purchasing a Type III engine for approximately $300,000 utilizing capital lease proceeds. It also anticipates a land acquisition for a regional fire station in Avon with $4,465,000 being allocated to: (i) finance the cost of acquiring land for District purposes; (ii) fund a reserve fund; and (iii) pay the costs of issuing the 2010 certificates. Closing on this land acquisition is anticipated for early 2010. Impact fees collected in years 2008 through 2010, are being held within the Capital Impact Fund until collection rates begin to pick up. The District anticipates expending $4,612 for collection service fees with no other capital growth appropriations for 2010. Within the Debt Service Fund and as part of the lease purchase agreement for the Avon land acquisition, certificates of participation were offered and issued in the later part of 2009 with anticipated delivery through the facilities of DTC on or about January 4, 2010 totaling $4,465,000. Per this agreement, the lease payment of $365,773 is payable in late 2010. Summary Due to the uncertainties of the local economy, unknown future revenue impacts from the upcoming property reassessment, and projection of only modest revenue increases and some considerable declines, the District has taken a cautious approach to the 2010 Budget. It forecasts to maintain a healthy ending fund balance of $3,689,031, with $249,885 being recognized as the statutory requirement for TABOR emergency reserves and another $402,166 as debt service reserves. This again, is designed to add a financial cushion in these times of uncertainty. Page 2 of 2 UAAccountmg\Budgets\2010 BudgetTroposals\2010 Budget Message 112008.doc Last printed 11/20/2009 2:55 PM Eagle River Fire Protection District Adopted 2010 Budget - 11/19/09 Summary of Funds GENERAL CAPITAL DEBT TOTAL OPERATING IMPACT SERVICE ALL DISTRICT FUND FUND FUND FUNDS FUND BALANCE - January 1, 2010 $ 2,950,135 $ 112,688 $ - 3,062,823 REVENUES Property Tax - Current Property Tax - Delinquent Property Tax - Interest on Delinquencies Specific Ownership Taxes Impact Fees Inspection and Plan Review Fees Motor Vehicle Accident Fees BCMD Other Governmental Grants- Federal Grants- State Interest Revenue Sale of Fixed Assets Capital Lease Proceeds Bond Proceeds Other Transfers In Total Revenues TOTAL FUNDS AVAILABLE EXPENDITURES General and Administrative Emergency Response Fire Prevention Training Capital Resident Program Transfers Out Total Expenditures NET SOURCE (USE) OF FUNDS 6,981,942 - - 6,981,942 250,000 - - 250,000 5,129,352 76,866 - 76,866 40,000 - - 40,000 10,000 - - 10,000 935,134 - - 935,134 325,130 - - 325,130 5,000 - - 5,000 20,000 563 3,653 24,216 300,000 - - 300,000 4,465,000 - - 4,465,000 10,000 - - 10,000 - - 764,286 764,286 13,342,206 77,429 767,939 14,187,575 16,292,341 190,117 767,939 17,250,397 1,712,183 - - 1,712,183 5,129,352 - - 5,129,352 378,911 - - 378,911 353,636 - - 353,636 4,744,593 4,612 365,773 5,114,978 108,020 - - 108,020 764,286 - - 764,286 13,190,981 4,612 365,773 13,561,366 151,225 72,817 402,166 626,209 FUND BALANCE - December 31, 2010 3,101,360 185,505 402,166 3,689,031 *3 %TABOR Emergency Reserve 247,562 2,323 - 249,885 Restricted Reserve - 183,182 402,166 585,348 NET FUND BALANCE - December 31, 2010 2,853,798 *Based on revenues from the General Fund and the Capital Impact Fund. EXHIBIT 1 11/20/2009 -2:49 PM Page 1 Adopted 2010 Budget - 111909 200k p4p 8x11.xls Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 GENERAL FUND Revenue and Expenditure Summary Account Number Account Description Actual 2008 Adopted Final Budget 2009 Adopted Budget 2010 Difference 4,778,067 REVENUES 5,129,352 389,837 Fire Prevention 325,918 5101 Property Tax - Current $ 6,234,834 $ 6,359,534 $ 6,981,942 $ 622,408 5102 Property Tax - Delinquent 386 35,000 - (35,000) 5103 Property Tax - Interest on Delinquencies 10,207 15,000 - (15,000) 5151 Specific Ownership Taxes 308,008 250,000 250,000 - 5201 Inspection and Plan Review Fees 46,666 30,000 40,000 10,000 5202 Motor Vehicle Accident Fees 8,539 10,000 10,000 - 5302 BCMD 907,897 935,134 935,134 0 5399 Other Governmental 72,147 4,080 - (4,080) 5914 Grants- Federal - 233,772 325,130 91,358 5915 Grants- State 7,005 4,000 5,000 1,000 5701 Interest Revenue 95,157 20,000 20,000 - 5913 Capital Proceeds 953,922 - 300,000 300,000 5916 Bond Proceeds - - 4,465,000 4,465,000 5801 Other 47,314 13,000 10,000 (3,000) 5916 Transfer From Debt Service Fund - - - - 5917 Transfer from Capital Impact Fund - - - - Total Revenues 8,692,081 7,909,520 13,342,206 5,432,686 EXPENDITURES General and Administrative 1,389,711 1,413,985 1,712,183 298,199 Emergency Response 4,778,067 4,739,515 5,129,352 389,837 Fire Prevention 325,918 356,593 378,911 22,318 Training 292,729 337,308 353,636 16,328 Capital 1,490,629 866,293 4,744,593 3,878,300 Resident Program 36,891 102,564 108,020 5,456 Transfer to Capital Impact Fund - - - - Transfer to Debt Service Fund - - 764,286 764,286 Total Expenditures 8,313,945 7,816,257 13,190,981 5,374,724 NET SOURCE (USE) OF FUNDS 378,136 93,263 151,225 FUND BALANCES, Beginning of Year 2,478,737 2,856,872 2,950,135 FUND BALANCES, End of Year $ 2,856,872 $ 2,950,135 $ 3,101,360 Emergency Reserve $ 232,145 $ 230,272 $ 247,562 EXHIBIT 1 11/20/2009 -2:49 PM Page 2 Adopted 2010 Budget - 111909 200k p4p 8x11.x1s Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 GENERAL FUND General and Administrative - Department 1 Account Number Account Description Actual 2008 Adopted Final Budget 2009 6302 Personnel: 6303 Accounting and Administration 6101 Regular Full -time Salaries $ 201,275 $ 234,791 6103 Director's Fees 5,675 6,100 6104 Pay for Performance Pool - - 6111 Overtime Wages - - 6131 FT Pension 21,872 26,500 6132 PTS Pension 122 200 6133 Wellness 1,000 1,250 6134 Employee Assistance Program - - 6141 Medicare Tax 2,868 3,520 6151 Group Health & Life Insurance 35,275 46,350 6155 Long -term Disability Insurance 673 1,197 6158 Worker's Compensation 5,080 6,085 6159 Unemployment Insurance 411 728 6100 Total Personnel Commodities: 6221 Gifts and Awards 6222 Food and Beverages 6223 Janitorial /Custodial /Cleaning Supplies 6231 Other Miscellaneous Operating Supplies 6232 Station Consumables 6294 Computers, Software and Peripherals 6295 Books and Periodicals 6299 Office Supplies and Materials 6200 Total Commodities Adopted Budget 2010 Difference $ 238,791 $ 4,000 6,400 Contracted Services: 6301 Legal Services 6302 Audit Fees 6303 Accounting and Administration 6309 Other Professional Services 6321 Printing and Reproduction Services 6323 Police Checks 6331 Medical Services and Examinations 6333 Computer Services and Support 6351 R &M - Buildings and Facilities 6352 R &M - Office Equipment/Computers 6354 R &M - Radios /Communications Equip 6355 R &M - Machinery & Equipment Adopted Budget 2010 Difference $ 238,791 $ 4,000 6,400 300 200,000 200,000 2,000 2,000 26,267 (233) 300 100 1,350 100 27 27 6,507 2,987 47,399 1,049 1,218 21 15,806 9,721 1,346 618 274,252 326,722 547,411 220,689 1,155 1,100 1,500 400 29,556 16,750 9,000 (7,750) 10,875 11,000 11,000 - 1,426 750 1,000 250 2,776 3,500 3,500 - 20,181 21,695 18,500 (3,195) 795 1,000 1,000 - 12,126 10,000 10,000 - 78,889 65,795 55,500 (10,295) 92,675 75,000 70,000 (5,000) 4,500 5,500 5,500 - 86,892 87,000 87,000 - 170,117 61,400 80,000 18,600 5,145 5,250 6,000 750 (70) 1,000 1,000 - 6,649 16,000 12,000 (4,000) 23,457 80,000 99,000 19,000 46,238 70,000 65,000 (5,000) 3,075 3,500 2,500 (1,000) 2,685 4,200 5,000 800 122 500 500 - EXHIBIT 1 Page 3 11/20/2009 - 2:49 PM Adopted 2010 Budget - 111909 200k pop 8x11.As Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 GENERAL FUND General and Administrative - Department 1 Account Number Account Description Actual 2008 Adopted Final Budget 2009 Adopted Budget 2010 Difference Contracted Services (Continued) 6357 Laundry and Cleaning Services 5 - - - 6371 Rentals - Housing & Offices 70,528 100,380 114,200 13,820 6372 Rentals - Office Equipment 6,707 9,700 9,800 100 6373 Rentals - Radios /Communication Equip 25,025 25,025 30,000 4,975 6379 Other Miscellaneous Rentals 3,822 3,000 2,800 (200) 6399 Contract Services Other 320 500 500 - 6300 Total Contracted Services 647,890 547,955 590,800 42,845 Other Operating Costs: 6401 Travel and Lodging 7,571 12,000 16,100 4,100 6402 Dues, Licenses and Memberships 7,262 7,725 13,000 5,275 6405 Training and Conference 639 3,500 4,500 1,000 6411 Telephone & Long Distance 40,173 40,000 42,000 2,000 6412 Gas 25,433 27,000 30,000 3,000 6413 Electric 31,845 32,000 34,000 2,000 6414 Water and Sanitation 14,848 15,000 15,000 - 6415 Trash Collection and Recycling 5,317 5,500 5,000 (500) 6421 Postage and Delivery 3,532 3,000 5,000 2,000 6422 Treasurer Fees 187,518 192,587 209,458 16,871 6424 Election Costs 4,213 - 5,000 5,000 6425 Bank Service Charges 813 500 1,100 600 6426 RHMAEC Fund Management 3,394 - - - 6429 Other Administrative Fees 285 1,500 1,500 - 6471 Advertising and Legal Notices 823 1,000 2,000 1,000 6472 Multi- Agency Resources 5,000 10,000 - (10,000) 6473 Operating Fees /Assessments /Charges 49,361 46,000 50,000 4,000 6487 Insurance Premiums 68,480 67,200 72,214 5,014 6499 Other Miscellaneous Operating Costs 25,214 1,000 2,600 1,600 6400 Total Other Operating Costs 481,723 466,512 508,472 42,960 6801 Fire Chiefs Contingency 6,967 8,000 10,000 2,000 6000 Total Expenditures $ 1,389,711 $ 1,413,985 $ 1,712,183 $ 298.199 EXHIBIT 1 11/20/2009 -2:49 PM Page 4 Adopted 2010 Budget - 111909 200k p4p 8x11.xls Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 GENERAL FUND Emergency Response - Department 2 6100 Total Personnel Commodities: 6201 Firefighting Materials 6202 Protective Clothing 6203 HAZMAT Equipment 6204 Rescue Materials 6205 EMS Materials 6211 Fuel 6212 Shop and Mechanical Supplies/Tools 6213 Auto Equipment Maintenance Supplies 6222 Food and Beverages 6225 Clothing and Uniforms 6226 Safety Materials and Supplies 6227 Consumable Tools /Small Equipment 6230 Communications Supplies 6298 Employee Preparedness Supplies 6200 Total Commodities Contracted Services: 6306 Regional Hazmat Association 6355 R &M - Machinery & Equipment 6356 Fleet Maintenance Services 3,898,078 41266,163 41683,644 417,481 104,802 40,000 44,350 Adopted 40,332 61,200 56,500 (4,700) 3,604 Final Adopted 5,000 Account Account Actual Budget Budget 11,350 Number Description 2008 2009 2010 Difference 418 Personnel: 500 - 5,820 6,000 6101 Regular Full -time Salaries $ 2,438,277 $ 2,688,869 $ 2,872,946 $ 184,077 6102 PTS Wages 169,134 180,808 234,792 53,984 6111 Overtime Wages 245,826 135,000 150,000 15,000 6112 Overtime Wages - FLSA 183,711 205,100 240,862 35,762 6131 FT Pension 263,791 293,720 316,024 22,304 6132 PTS Pension 7,910 7,300 10,235 2,935 6133 Wellness 17,591 19,500 23,350 3,850 6134 Employee Assistance Program - - 468 468 6141 Medicare Tax 43,854 48,465 54,040 5,575 6151 Group Health & Life Insurance 342,073 458,725 505,696 46,971 6155 Long -term Disability Insurance 8,296 12,200 14,652 2,452 6156 FPPA Disability Insurance 56,036 65,800 73,683 7,883 6158 Worker's Compensation 115,415 140,000 175,715 35,715 6159 Unemployment Insurance 6,164 10,676 11,181 505 6100 Total Personnel Commodities: 6201 Firefighting Materials 6202 Protective Clothing 6203 HAZMAT Equipment 6204 Rescue Materials 6205 EMS Materials 6211 Fuel 6212 Shop and Mechanical Supplies/Tools 6213 Auto Equipment Maintenance Supplies 6222 Food and Beverages 6225 Clothing and Uniforms 6226 Safety Materials and Supplies 6227 Consumable Tools /Small Equipment 6230 Communications Supplies 6298 Employee Preparedness Supplies 6200 Total Commodities Contracted Services: 6306 Regional Hazmat Association 6355 R &M - Machinery & Equipment 6356 Fleet Maintenance Services 3,898,078 41266,163 41683,644 417,481 104,802 40,000 44,350 4,350 40,332 61,200 56,500 (4,700) 3,604 4,000 9,000 5,000 30,684 29,000 18,485 (10,515) 7,399 11,350 7,000 (4,350) 86,042 45,000 55,000 10,000 418 500 500 - 5,820 6,000 5,000 (1,000) 1,960 2,000 3,000 1,000 22,325 20,000 21,000 1,000 2,684 2,500 4,000 1,500 2,912 1,500 2,000 500 47,198 20,305 32,000 11,695 356,181 243,355 257,835 14,480 28,577 36,047 36,473 426 23,999 65,550 20,000 (45,550) 108,087 108,400 108,400 - 6300 Total Contracted Services 160,663 209,997 164,873 (45,124) EXHIBIT 1 11/20/2009 -2:49 PM Page 5 Adopted 2010 Budget - 111909 200k p4p 8x11.xls Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 GENERAL FUND Emergency Response - Department 2 6400 Total Other Operating Costs 15,330 20,000 23,000 3,000 Debt Service: 6526 Capital Lease Payment - 2003 12,364 - - - 6528 Capital Lease Payment - (Minturn Pumper 69,427 - - - 6529 Capital Lease Payment - 2007 266,023 - - - 6500 Total Debt Service 347,814 - - - 6000 Total Expenditures $ 4,778,067 $ 4,739,615 $ 6,129,352 $ 389,837 EXHIBIT 1 11/20/2009 -2:49 PM Page 6 Adopted 2010 Budget - 111909 200k pop 8x11.xls Adopted Final Adopted Account Account Actual Budget Budget Number Description 2008 2009 2010 Difference Other Operating Costs: 6416 Cellular and Paging Services 11,912 20,000 20,000 - 6472 Financial Support/Donations /Contributions - - - 6474 Deployment Direct Costs 3,418 - 3,000 3,000 6400 Total Other Operating Costs 15,330 20,000 23,000 3,000 Debt Service: 6526 Capital Lease Payment - 2003 12,364 - - - 6528 Capital Lease Payment - (Minturn Pumper 69,427 - - - 6529 Capital Lease Payment - 2007 266,023 - - - 6500 Total Debt Service 347,814 - - - 6000 Total Expenditures $ 4,778,067 $ 4,739,615 $ 6,129,352 $ 389,837 EXHIBIT 1 11/20/2009 -2:49 PM Page 6 Adopted 2010 Budget - 111909 200k pop 8x11.xls Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 GENERAL FUND Fire Prevention - Department 3 Account Account Number Description Personnel: 6101 Regular Full -time Salaries 6111 Overtime Wages 6131 FT Pension 6133 Wellness 6134 Employee Assistance Program 6141 Medicare Tax 6151 Group Health & Life Insurance 6155 Long -term Disability Insurance 6156 FPPA Disability Insurance 6158 Worker's Compensation 6159 Unemployment Insurance 6100 Total Personnel 6200 Total Commodities Adopted Commodities: 6222 Food and Beverages 6225 Clothing and Uniforms 6227 Consumable Tools /Small Equipment 1,500 Promotional /Informational /Marketing 6228 - - Mtrl 6295 Books and Periodicals 6200 Total Commodities Adopted 4,000 Final Adopted Actual Budget Budget 2008 2009 2010 Difference $ 208,582 $ 223,900 $ 225,691 $ 1,791 2,327 4,000 7,000 3,000 22,748 25,300 24,826 (474) 1,500 1,500 1,500 - - - 27 27 2,912 3,300 3,374 74 37,937 48,200 49,338 1,138 753 1,025 1,151 126 3,018 3,250 3,173 (77) 4,451 5,335 5,383 48 421 693 698 5 284,649 316,503 322,161 5,658 860 960 1,600 640 1,712 1,200 1,800 600 762 2,000 2,000 - 8,115 8,600 11,500 2,900 703 1,500 2,500 1,000 12,152 141260 19,400 5,140 Other Operating Costs: 6401 Travel and Lodging 6402 Dues, Licenses and Memberships 6405 Training and Conference 6400 Total Other Operating Costs 3,973 4,800 12,000 7,200 570 800 800 - 973 4,800 4,800 - 5,516 109400 179600 7,200 6000 Total Expenditures $ 325.918 $ 356.593 $ 378.911 $ 22.318 EXHIBIT 1 11/20/2009 -2:49 PM Page 7 Adopted 2010 Budget - 111909 200k pop 8x11.xls Contracted Services: 6304 Engineering Services 22,945 14,400 18,000 3,600 6321 Printing and Reproduction Services 656 750 1,500 750 6332 Photography Services - 280 250 (30) 6300 Total Contracted Services 23,601 159430 199750 4,320 Other Operating Costs: 6401 Travel and Lodging 6402 Dues, Licenses and Memberships 6405 Training and Conference 6400 Total Other Operating Costs 3,973 4,800 12,000 7,200 570 800 800 - 973 4,800 4,800 - 5,516 109400 179600 7,200 6000 Total Expenditures $ 325.918 $ 356.593 $ 378.911 $ 22.318 EXHIBIT 1 11/20/2009 -2:49 PM Page 7 Adopted 2010 Budget - 111909 200k pop 8x11.xls Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 GENERALFUND Training - Department 4 6200 Total Commodities Contracted Services: 6309 Training Facilitators 6355 Printing and Reproduction Services 6300 Total Contracted Services Other Operating Costs: 6401 Travel and Lodging 6402 Dues, Licenses and Memberships 6405 Training and Conference 6400 Total Other Operating Costs 38,147 51,955 44,233 (7,722) 11,090 16,000 15,000 (1,000) - 500 500 - 11,090 16,500 15,500 (1,000) 2,100 3,900 2,600 (1,300) Adopted 1,000 1,000 - 33,087 40,000 48,900 8,900 Final Adopted Account Account Actual Budget Budget Number Description 2008 2009 2010 Difference Personnel: 6101 Regular Full -time Salaries $ 156,377 $ 158,500 $ 159,759 $ 1,259 6111 Overtime Wages 3,760 5,000 17,900 12,900 6131 FT Pension 17,132 17,900 17,925 25 6133 Wellness 750 850 850 - 6134 Employee Assistance Program - - 18 18 6141 Medicare Tax 2,312 2,360 2,576 216 6151 Group Health & Life Insurance 16,360 26,500 28,487 1,987 6155 Long -term Disability Insurance 538 815 815 0 6156 FPPA Disability Insurance 4,016 4,230 4,154 (76) 6158 Worker's Compensation 6,098 7,310 8,386 1,076 6159 Unemployment Insurance 326 488 533 45 6100 Total Personnel 207,670 223,953 241,403 17,450 Commodities: 6221 Gifts and Awards - - - - 6222 Food and Beverages 655 500 500 - 6224 Training Supplies 2,803 7,500 20,000 12,500 6229 Wellness /Fitness Equip & Supplies 32,333 35,820 19,433 (16,387) 6292 AudioNisual Supplies 99 2,135 300 (1,835) 6294 Computers, Software and Peripherals 179 3,500 1,500 (2,000) 6295 Books and Periodicals 2,078 2,500 2,500 - 6200 Total Commodities Contracted Services: 6309 Training Facilitators 6355 Printing and Reproduction Services 6300 Total Contracted Services Other Operating Costs: 6401 Travel and Lodging 6402 Dues, Licenses and Memberships 6405 Training and Conference 6400 Total Other Operating Costs 38,147 51,955 44,233 (7,722) 11,090 16,000 15,000 (1,000) - 500 500 - 11,090 16,500 15,500 (1,000) 2,100 3,900 2,600 (1,300) 635 1,000 1,000 - 33,087 40,000 48,900 8,900 35,822 44,900 52,500 7,600 6000 Total Expenditures $ 292,729 $ 337.308 $ 353,636 $ 16,328 EXHIBIT 1 11/20/2009 -2:49 PM Page 8 Adopted 2010 Budget - 111909 200k p4p 8x11.xls Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 GENERAL FUND Capital - Department 5 6500 Total Debt Service 451,793 636,093 184,300 Capital Outlay: Adopted Final Adopted Account Account Actual Budget Budget Number Description 2008 2009 2010 Difference 5,000 Debt Service: 6613 Building Improvements - Cord 6527 Issuance Costs $ - $ - $ 184,300 $ 184,300 6528 Capital Lease Payment - 2005 - 69,427 69,427 - 6529 Capital Lease Payment - 2007 - 266,023 266,023 - 6530 Capital Lease Payment - 2008 - 116,343 116,343 - 6500 Total Debt Service 451,793 636,093 184,300 EXHIBIT 1 11/20/2009 -2:49 PM Page 9 Adopted 2010 Budget - 111909 200k p4p 8x11.xls Capital Outlay: 6601 Land Acquisitions - Lot 1A 34,602 164,000 3,650,000 3,486,000 6612 Building Improvements - Avon 27,341 19,400 5,000 (14,400) 6613 Building Improvements - Cord 10,107 140,000 5,000 (135,000) 6614 Building Improvements - EV 30,983 6,700 5,000 (1,700) 6615 Building Improvements - Edwards 51,398 - 70,000 70,000 6616 Building Improvements - Wildridge - - 7,500 7,500 6618 Building Improvements - Minturn 2,272 - 8,000 8,000 6619 Building Improvements - Redcliff - - - 6620 Building Improvements - Summit 4,750 - - 6632 Computers and Peripherals 2,987 9,200 58,000 48,800 6634 Furniture and Fixtures 44,411 - - - 6639 Other Machinery and Equipment 39,624 75,200 - (75,200) 6651 Automobiles and Light -duty Trucks 289,072 - - - 6652 Heavy Trucks 953,084 - 300,000 300,000 6600 Total Capital Outlay 1,490,629 414,500 4,108,500 3,694,000 6000 Total Expenditures $ 1,490,629 $ 866,293 $ 4.744.593 $ 3,878,300 EXHIBIT 1 11/20/2009 -2:49 PM Page 9 Adopted 2010 Budget - 111909 200k p4p 8x11.xls Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 GENERAL FUND Resident Program - Department 6 Account Number Account Description Actual 2008 Adopted Final Budget 2009 Adopted Budget 2010 Difference 6309 Personnel: - - 1,500 1,500 6101 FTE Wages $ - $ - $ - $ - 6102 PTS Wages 521 25,160 25,040 (120) 6111 Overtime Wages 2,108 27,500 23,500 (4,000) 6132 PTS Pension - 2,150 939 (1,211) 6141 Medicare Tax - 850 704 (146) 6158 Worker's Compensation - 2,417 2,291 (126) 6159 Unemployment Insurance - 158 146 (12) 6100 Total Personnel 2,629 58,235 52,620 (5,615) Commodities: 6221 Gifts and Awards 331 500 500 - 6222 Food and Beverages 1,101 2,000 2,000 - 6224 Training Supplies 495 3,000 3,000 - 6225 Clothing and Uniforms 9,306 7,304 6,000 (1,304) 6226 Safety Materials and Supplies - 200 200 - 6295 Books and Periodicals 526 2,000 3,000 1,000 6200 Total Commodities 11,760 159004 141700 (304) Other Operating Costs: 6401 Travel and Lodging 6405 Training and Conference 6400 Total Other Operating Costs 17,049 20,000 32,000 12,000 17,049 20,000 32,000 12,000 6000 Total Expenditures _$ 36.891 $ 102.564 $ 108.020 $ 5.456 EXHIBIT 1 11/20/2009 -2:49 PM Page 10 Adopted 2010 Budget - 111909 200k p4p 8x11.xls Contracted Services: 6309 Training Facilitators - - 1,500 1,500 6331 Medical Services and Exams 4,627 7,025 5,000 (2,025) 6321 Printing and Reproduction Services 409 1,200 1,200 - 6379 Other Miscellaneious Rentals 417 1,100 1,000 (100) 6300 Total Contracted Services 5,453 9,325 8,700 (625) Other Operating Costs: 6401 Travel and Lodging 6405 Training and Conference 6400 Total Other Operating Costs 17,049 20,000 32,000 12,000 17,049 20,000 32,000 12,000 6000 Total Expenditures _$ 36.891 $ 102.564 $ 108.020 $ 5.456 EXHIBIT 1 11/20/2009 -2:49 PM Page 10 Adopted 2010 Budget - 111909 200k p4p 8x11.xls Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 CAPITAL IMPACT FUND Summary Account Account Number Description REVENUES 5152 Impact Fees 5701 Interest Revenue 5916 Transfer From General Fund Total Revenues EXPENDITURES Refunds 6473 Service Fees 6639 Capital Equipment 6901 Transfers Total Expenditures NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year EMERGENCY RESERVE Adopted Final Actual Budget 2008 2009 _ $ 81,385 $ 40,000 $ 386 800 Adopted Budget 2010 Difference 76,866 $ 36,866 563 (237) 81,771 40,800 77,429 36,629 - 2,600 - (2,600) 4,883 2,400 4,612 2,212 4,883 5,000 4,612 (388) 76,888 35,800 72,817 - 76,888 112,688 $ 76,888 $ 112,688 $ 185,505 $ 2,453 $ 1,224 $ 2,323 EXHIBIT 1 Page 11 11/20/2009 - 2:49 PM Adopted 2010 Budget - 111909 200k p4p 8x11.As Eagle River Fire Protection District Adopted Final 2009 and 2010 Budgets - 11/19/09 DEBT SERVICE FUND Summary Account Account Number Description Adopted REVENUES 5701 Interest Revenue 5916 Transfer From General Fund 2010 Total Revenues EXPENDITURES 6501 Principal 6502 Interest 6503 Fiscal Agent Fees 6902 Transfer to General Fund Total Expenditures - - NET SOURCE (USE) OF FUNDS 767,939 FUND BALANCES, Beginning of Year Adopted 100,000 - - 262,239 Final Adopted 3,534 Actual Budget Budget 2008 2009 2010 Difference - - 3,653 3,653 - - 764,286 764,286 - - 767,939 767,939 - - 100,000 100,000 - - 262,239 262,239 - - 3,534 3,534 365,773 365,773 402,166 FUND BALANCES, End of Year $ - $ - $ 402,166 EXHIBIT 1 11/20/2009 -2:49 PM Page 12 of 12 Adopted 2010 Budget - 111909 200k pop 8x11.xls Memo kITA To: Honorable Mayor and Town Council Thu Larry Brooks, Town Manager Approved by: Sally Vecchio, Assistant Town Mgr /Director of Comm. Dev. s1/ From: Justin Hildreth P.E., Town Engineer Shane Pegram P.E., Engineer II�] Date: April 8, 2010 Re: H.A. Nottingham Park Pavilion — Project Update (Memo Only) Summary: This memorandum is to provide Town Council with an update on the progress of the H.A Nottingham Park Pavilion project. The project was presented to Town of Avon Planning and Zoning Commission (P &Z) for Sketch Plan review at their March 16, 2010 meeting. The Pavilion Design is scheduled for Final Design review at the April 20, 2010 meeting. Following final design approval, the design material will be utilized to solicit funding for the project. Background: The H.A. Nottingham Park Pavilion plans were presented to Town Council on January 26, 2010. The presentation included three phases for construction. Phase one included the pavilion structure only with a budget of $250,000. Enhanced Phase 1 included an "enhanced" pavilion with some aesthetic improvements over phase one and a budget of $300,000. Phase two was a fully developed pavilion, and would require an additional $200,000 for construction. Town Council directed Staff to design the "enhanced" phase. Discussion: Construction of the pavilion was delayed until additional funds could be raised to complete the project. The "enhanced" plans, along with the final phase that could be built in the future, were presented to the Planning Commission during their March 16, 2010 meeting. The Planning commission shared their comments and questions with staff, but no action was taken during at the Sketch Plan level. Their comments were geared towards design features of the project and the suitability of its location, as well as requesting a three - dimensional rendering. Vail Architecture Group (VAg) is working to complete the Final Design plans that incorporate the P &Z's comments and questions. Three - dimensional renderings and an expanded site plan are being completed to assist P &Z with their evaluation at final design. The final design plans and three - dimensional renderings requested by P &Z will be utilized to assist in the effort to solicit funding for the project. Solicitation of funding will commence once Final Design approval is gained. Town Manager Comments: Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Asst Town Manager, Corn Dev From: Matt Gennett, AICP, Planning Manager Date: April 13, 2010 Re: Unified Land Use Code Draft (Development Code) Work Session Summary: Initials " `/ All As discussed during the Council meeting on March 23, 2010, the attached documents (Exhibits A, B, C & D) were drafted to help facilitate work session discussions for both the Planning and Zoning Commission (PZC) and the Avon Town Council regarding the proposed commercial zone districts and the concept of a "Development Bonus" drafted in the new Development Code. Exhibit A is a memorandum from Town Attorney Eric Heil summarizing the process set forth by Council for holding these work sessions; Exhibit B is a memorandum from Town Attorney Eric Heil regarding application review procedures; Exhibit C outlines changes made to commercial zone districts; and, Exhibit D is a memorandum from Assistant Town Manager, Community Development, Sally Vecchio, titled "Zoning Options to Reduce Reliance on PUDs ". The attached documents were sent to the PZC and Council via email last week and are attached to this brief cover memo for ease of reference. Discussion: Staff will provide the Council with a presentation during the work session to foster discussion and elicit feedback from the Council. Proposed Motion: No formal action is required at this work session. Town Manager Comments: Exhibits: A. Memo from Eric Heil dated March 25, 2010 B. Memo from Eric Heil dated March 31, 2010 C. Commercial Zone Districts Summary of Changes D. Memo from Sally Vecchio dated April 1, 2010 HEIL LAW & PLANNING, LLC MEMORANDUM Exhibit A TO: Planning and Zoning Commission, Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager; Sally Vecchio, Community Development Director FROM: Eric Heil, Town Attorney DATE: March 25, 2010 SUBJECT: Development Code Work Sessions Summary: A schedule of work sessions has been proposed for review of the draft Avon Development Code. This memorandum addresses opportunities for public comments and the Town's existing code amendment procedures. Public Comment: The March 23, 2010 Public Review Draft of the Avon Development Code has been posted on the Town's website. Town Staff proposes that the Town not formally solicit public comments during the work session process. Any public comments received by the Town Staff prior to the formal public hearing process would be presented to the Planning Commission and Town Council during the formal public hearing and adoption process. Town Council previously approved a Zoning Advisory Committee to provide an open forum for public comments prior to the Planning Commission and Town Council work session process. Formal Adoption Process: Avon Municipal Code ( "AMC ") Chapter 17.28 sets forth the procedures for amending the Zoning Code. AMC Section 16.04.090 states that the subdivision regulations may be amended. The notice and hearing procedures in AMC Chapter 17.28 shall apply to the process to adopt the Avon Development Code and replace Titles 16 and 17, the Sign Code and Outdoor Lighting regulations in Title 15, and the Planning Commission provisions in Title 2. Town Council is required to hold a public hearing on zoning code amendments "no later than thirty (30) days following the Planning and Zoning Commission action." AMC 17.28.050. Notice of the public hearing must be posted or published at least 12 days prior the Planning Commission hearing date (AMC 17.12.100(b)) and at least 6 days prior to the Town Council hearing date (AMC 17.12.100(c)). Any change to the zone district map must be available for public inspection at least 15 days prior to the public hearings on such amendment (AMC 17.28.030). Mailed notice to property owners within 300 feet is not required for general revisions of the zoning code (AMC 17.28.030). Repeal of the existing code sections and adoption of the Avon Development Code by the Town Council is performed by ordinance. A final, revised and fully formatted Development Code will be available for public inspection and comment during the formal public hearing and adoption process. Requested Planning Commission or Town Council Action: None. Heil Law & Planning, «C Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil@avon.org HEIL LAW & PLANNING LLC MEMORANDUM Exhibit B TO: Avon Planning and Zoning Commission members and Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: March 31, 2010 SUBJECT: Avon Development Code General Administration and Review Procedures Summary: This memorandum provides an overview of the general administrative and development application review procedures in Chapters 7.04, 7.08, 7.12, and 7.16 of the draft Avon Development Code. Major changes from the existing Avon Municipal Code are highlighted. This memorandum also highlights areas where Town Staff anticipates refining the draft Avon Development Code language. Revisions include a mixture of suggestions from Clarion Associates, proposed language from Town Staff and the Town Attorney, language from the Colorado Model Land Use Code prepared by the Department of Local Affairs, and sample language from other municipalities. PZC/Town Council Review: A specific work session has not been scheduled to review the general administration or review procedures provisions of the Avon Development Code. If review of any provisions contained in the first four chapters is desired, Planning and Zoning Commission ( "PZC ") and Town Council members should raise this desire with Town Staff at the scheduled work sessions. Future Amendments: The Avon Development Code may be amended or updated any time in accordance with the code text amendment process. This process requires a public hearing by the Planning and Zoning Commission ( "PZC "), a public hearing by the Town Council, and adoption by ordinance. The existing Zoning and Subdivisions regulations were amended numerous times since the original adoption in 1979 as indicated by the ordinance number references in various sections. The restructured format of the Avon Development Code is intended to facilitate future updates and refinements. Land use regulations generally should be amended to implement the goals and policies in comprehensive plans, particularly when the comprehensive plan has been updated or revised. Chapter 7.04 - General Provisions: Chapter 7.04 General Provisions consolidates the introductory and general provisions of the Chapter 17 Zoning and Chapter 16 Subdivision. Specific changes are noted as follows: • §7.04.020 Authority Language expands references to land use regulatory authority to include all relevant statutory citations. Heil Law & Planning, LLC Eric Heil, Esq., A.I.C.P. 1499 Blake Street, Unit 1 -G Tel: 303.975.6120 Denver, CO 80202 eheil@avon.org TO: PZC and Town Council RE: Avon Development Code: General Administration and Review Procedures DATE: March 31, 2010 Page 2 of 5 • §7.04.030 Purposes Language was revised to clarify and modernize the purposes of the Avon Development Code. §17.04.020 Purposes and §17.04.030 Intent were consolidated. NOTE that courts support considering "purpose language" when interpreting and applying code provisions. §7.04.040 Interpretation Language was revised to incorporate additional rules for interpretation, including language from Colorado Model Land Use Code. NOTE that §7.04.040(m) provides that the interpretation of the Director may be appealed to Town Council. §7.04.100 Fees This section provides a significant change to the existing Code because it proposes a "pass through" fee account system whereby the Applicant must maintain a positive account balance and pay all costs associated with reviewing and processing a development application. The intent and effect of this change is that reviewing development applications would be "revenue neutral' for the Community Development Department. Identification of unusual costs or required studies would occur at the pre - application conference. The adoption of defined standards and procedural requirement enables applicants to submit complete applications which meet the criteria for approval and which should minimize town review costs. • §7.04.120 Non - Conforming Uses and Structures This section was duplicated in Chapter 7.24 Zoning Use Regulations, §7.24.090. Non - Conforming Uses and Structures will be consolidated in §7.24.090. • §7.04.190 Enforcement Authority and Procedures This provision was expanded to define enforcement procedures for non - emergency and emergency violations, §7.04.190(c). §7.04.200 Enforcement Actions and Remedies Language was added to define the ability of the Director or Town Attorney to enter into "compliance agreements" to resolve code violations. The ability to approve "compliance agreements" already exists in the context of settling municipal court violation action. The ability to enter into compliance agreements administratively provides an option that reduces costs and expedites resolution of code violations. Chapter 7.08 Definitions The definitions from the zoning and subdivision chapters have been consolidated. Although some definitions have been added and others updated, additional review and revisions are necessary to ensure all terms used in the Development Code are properly defined. Chapter 7.12 Development Application Review Authority Chapter 7.12 moves the administrative code provisions for PZC from Chapter 2 and defines the roles and authority of Town Council, PZC, the Director and other Town Departments. The following changes are highlighted: TO: PZC and Town Council RE: Avon Development Code: General Administration and Review Procedures DATE: March 31, 2010 Page 3 of 5 • §7.12.030(d) clarifies that Town Council is the ultimate and final authority on any land use decision of the Town. This language was included to ensure that the Town of Avon could only be sued for a decision of the Town Council. • §7.12.040(b) revises the duties of the PZC to tract the review procedures in the Avon Development Code. • §7.12.040(m) This language will need to be refined to coordinate with the application submittal requirements of the Community Development Department. • §7.12.040 1 would like to suggest a paragraph defining the grounds and procedures for removal of PZC members. Although such action is rarely, if ever, taken by municipalities, I have found it is beneficial to at least have the grounds and procedures (notice and opportunity for hearing) defined more specifically than by the state statutes. Chapter 7.16 Review Procedures Chapter 7.16 sets forth the review procedures for various development applications. A new table has been created which will replace the table in Chapter 7.12 and the table in Chapter 7.16. Table 7.16 —1 Development Application Review Procedures and Authority Key: Post Only — notices are only required to be posted and not mailed Post & Mail — notices must be posted and mailed DBA — Review authority is determined by the underlying development application N/A — Not applicable, public hearing and notice are not required PUD — refers to Planned Unit Development Prelim — means preliminary R — review and recommendation PH -R — conduct a public hearing and provide a recommendation PH -D — conduct a public hearing and render a decision D — render a decision A — review of appeal Procedure Public Hearing Notice Requirement Director PZC Town Council Comprehensive Plan Amendment Post Only R PH -R PH -D Code Text Amendment Post Only R PH -R PH -D Zoning Amendment Post & Mail R PH -R PH -D PUD Preliminary Post & Mail R PH -R PH -D Final Post R PH -R PH -D Subdivision Major Preliminary Post & Mail R PH -R PH -D Final Post Only R - PH -D Minor Post & Mail R PH -D Admin N/A D - A Design Review I Outside Town Core N/A - D A I In Town Core N/A - R D Development Plan N/A D A A Special Review Use Post & Mail R PH -D A Variance Post & Mail R PH -D A Alternative Equivalent Compliance DBA DBA DBA DBA Ri2ht-of-Way Vacation Post & Mail R - PH -D Vested Property Right DBA R DBA PH -D Appeal N/A - * D * PZC reviews appeals of the Director's Development Plan decisions. TO: PZC and Town Council RE: Avon Development Code: General Administration and Review Procedures DATE: March 31, 2010 Page 4 of 5 Significant changes to the review procedures are highlighted as follows: • All development application review procedures include "Review Criteria" which sets forth the reasons upon which the reviewing authority can approve, approve with conditions or deny an application. • PUD and Subdivisions have been both simplified to a two step process, Preliminary and Final. A two step process should be sufficient with proscriptive standards and underlying zoning. The simplified process also responds to comments that the sketch plan process was not meaningful because too little information was typically submitted to render an informed decision. PUDs may be applied to any property in the Town Core regardless of size and to properties of 10 acres or more outside the Town Core. The Red House Annexation is the only recent PUD approval which would not be eligible for PUD consideration under the proposed Development Code. Town Staff will propose additional language to address PUD amendments and to clarify that an underlying zoning district must be adopted for PUD amendments in the Town Core. Subdivisions have added an Administrative approval category which allows administrative approval of very minor amendments, correction of errors, and the division of parcels for duplexes. Town Staff would also like to add the division of parcels to create town homes up to a maximum of four units to the Administrative category. • §7.16.070(g) Public Improvement Guarantee will be consolidated in the general development standard section. §7.16.080 Design Review is included virtually verbatim from the language proposed by Clarion to ZAC last summer with the exception that projects in the Town Core would be reviewed by PZC and Town Council would render the final decision. Town Council review and decision is proposed because it is expected that Town Council will ultimately review all projects in the Town Core area due to development bonuses, financial incentives, and use of the Avon Urban Renewal Authority. As such, it does not seem practical to establish a process whereby Town Council reviews only portions of such projects. • §7.16.090 Development Plan is included verbatim from the language proposed by Clarion to ZAC last summer. The Development Plan process establishes administrative review for the non - architectural, site design standards. §7.16.120 Alternative Equivalent Compliance is a procedure proposed by Clarion which would allow "variances" from development and design standards without the requirement to show a hardship but with the requirement that such variance promotes good design and otherwise meets the purpose of the Code. The process TO: PZC and Town Council RE: Avon Development Code: General Administration and Review Procedures DATE: March 31, 2010 Page 5 of 5 for Alternative Equivalent Compliance would follow the underlying development application process. • §7.16.130 Roadway Vacation is a new process which is commonly found in land use codes. This process tracks and implements the statutory process for vacation of roadways. §7.16.140 Vested Property Right is only re- codified into this Code. No changes have been made or proposed to this language (NOTE: The currently language is the subject of the lawsuit by Traer Creek, LLC against the Town of Avon). • §7.16.150 Appeals is a procedure which allows decisions of the Director or the PZC to be appealed to the Town Council. NOTE that this procedure is an important piece of checks and balances in the Town government. Although there is a shift of some decision making authority to the Director (i.e. Community Development), all decisions of the Director can be appealed. Requested Action: No specific action is requested. This memorandum is intended to provide an overview of the general administration and development application review procedures in order to accompany and support the topics in the upcoming work sessions. Town Staff anticipates that discussion of review authority, standards and procedure will arise during the upcoming work sessions. If PZC or Town Council identifies specific areas of the general administration or review procedures which warrant further discussion and consideration, then a specific work session can be scheduled to address that topic. Exhibit C Avon Development Code Commercial Zone Districts Summary of Changes April, 2010 The Avon Development Code includes three primary commercial districts for future commercial development in Avon: Town Center (TC), Mixed -Use Commercial (MC), and Neighborhood Commercial (NC). Each of these commercial zone districts has been revised to allow a greater mix of uses and site coverage, particularly in and around Town Center. Development bonuses are also permitted in these districts. In conjunction with the retirement of the Shopping Center District (SC) and the Residential -High Density Commercial District (RH -C), these three commercial zone districts are the primary zone districts intended to create the pedestrian core for Avon. Table 1 provides a list of the proposed and retired commercial zone districts and Table 2 provides a summary of the specific revisions to the districts. The development standards for commercial development (Chapter 17.28) encourage a compact urban form and pedestrian environment and include requirements for sidewalks, parking, landscaping, open space, building orientation and massing. The Industrial District has been retained to allow locations for warehouse and light industrial uses. Development standards are intended to mitigate external impacts related to outdoor storage, lighting and adjacent uses. Table 1 - Commercial Zone Districts COMMERCIAL ZONE DISTRICTS District Type Abbreviation District Name Commercial and Mixed Use NC Neighborhood Commercial MC Mixed Use Commercial TC Town Center Industrial IC Industrial Commercial Retired RH -C Residential Hi Density Commercial SC Shopping Center The Planned Unit Development (PUD) District has been limited to larger parcels (10 acres or more) and property in the Town Center. Development standards such as density, permitted uses, and building height are established by the underlying zone district. The PUD would only be used to allow flexibility in the design of the subdivision so that development could be clustered and common open space preserved. Figures 1 and 2 illustrate how a PUD would be used to redesign a residential subdivision. Acce% mad ■■■■■■ Figure 1 PUD Residential Subdivision Figure 2 Typical Residential Subdivision Development Bonus The Development Bonus regulations establish standards for permitting development bonuses in certain zone districts based on the provision of "public benefits" that meet the Town's community goals (such as attainable housing). Development bonuses are permitted in the TC, MC and NC zone districts. The approval of a development bonus would be at the discretion of the Town Council and each project would be reviewed on a site specific bases. The bonus density standards and formulas are intended to help avoid challenges based on vague standards or arbitrary decisions. The public benefits and formulas presented in the Code are based on the Avon Comprehensive Plan policies (see Exhibit A). Because the Town has discretion in approving the development bonus, developers may also offer an alternative compliance formula. Floor Area Ratio Pursuant to the Avon Comprehensive Plan recommendations, all of the commercial zone districts include a measurement for floor area ratio (FAR). FAR is a measurement of the bulk of a structure on the site. It is calculated by adding the area of each floor of the development and dividing that number by the total area of the lot. While FAR sets the basic parameters for the building, it also allows the developer to make choices about the distribution of the building mass on the site. The Comprehensive Plan recommends FAR as a way to minimize the standardization of building heights and break up building bulk. The diagrams below illustrate three ways the same 1:1 FAR can be achieved with difference massing on the site: • Figure 1 shows 1 story covering the entire lot; • Figure 2 shows 2 stories covering half of the lot; and • Figure 3 shows 4 stories covering one quarter of the lot Figure 2 t STORIES -k v„� 1 STOP iO- Fiqure 1 Figure 3 4 STORIES `tea•\ /r Tahla 1 • Ai mmary of Ravisinns to Commercial Zone Districts NEIGHBORHOOD COMMERCIAL (NC) Purpose: To provide sites for commercial uses and services for the principal benefit of the residents of the community. Permitted Uses: Commercial Uses and Accessory Apartments. DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 7,500 sf 3,000 sf 35 ft: duplex Building Height 35 ft 38 ft: TH, MF, commercial Front: 25ft Front: 1 Oft residential /0 ft commercial Building Setbacks Side: 7.5 ft Side: 7.5 ft/ 25ft corner lots Rear: 10 It Rear: 10 ft Max Site Coverage 50% 60% 7.5 du /acre Max Density 7.5 du /acre 1:1 FAR MIXED USE COMMERCIAL (MU) Purpose: To group and connect places used for work, shopping, education, recreation with residential uses. Permitted Uses: Commercial, Office, Townhomes, Condominiums, Apartments DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 43,560 sf 3.000 sf 35 ft: SF and duplex Building Height 60 ft 60 ft: TH, MF, commercial Front: 25ft Front: 10 ft Building Setbacks Side: 7.5 It Side: 7.5 SF, duplex/0 ft TH, MF, commercial Rear: 10 ft Rear: 10 ft residential /5 ft commercial 80%: SF and duplex Max Site Coverage 50% 70%: TH, MF, commercial du / acre 20 du /acre Max Density F20 6OO lodge units /acre 1.5:1 FAR TOWN CENTER (TC) Purpose: To provide sites for a variety of uses including lodging, commercial and office in a predominately pedestrian environment. Design standards distinguish is area from others in town. Permitted Uses: Lodging, Commercial, Office, Townhomes, Condominiums, Apartments DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 30,000 sf 3,000 sf: residential Building Height 80 ft 80 ft Front: 25 ft Front: 10ft residential /0 ft commercial Building Setback Side: 7.5 ft Side: 7.5 ft/25 It comer lots Rear: 10 ft Rear: 10 ft Max Coverage 50% 80% r30 u /acre 30 du /acre Max Density dge units /acre 2:1 to 3:1 FAR" to be determined LIGHT INDUSTRIAL & COMMERCIAL EMPLOYMENT (IC) Purpose: To provides sites for light industrial and mfg uses, wholesale outlets, warehousing and sales offices Permitted Uses: Light industrial, Commercial, Warehousing, Accessory Apts. DISTRICT STANDARDS CURRENT CODE NEW CODE Minimum Lot Size 21,780 sf 21,780 sf Building Height 48 ft 48 ft Front: 25 ft Front: 25 ft Building Setbacks Side: 7.5 ft Side: 7.5 ft/ 25 ft corner lots Rear: 1 Oft Rear: 10 ft Max Site Coverage 50% 50% Max Density 4 accessory unit/property by special review use 4 accessory units /property by special review use Exhibit D MEMORANDUM To Planning and Zoning Commission and Town Council members Fr Sally Vecchio, Community Development Dir. Eric Heil, Town Attorney Date April 1, 2010 Re Zoning Options to Reduce Reliance on PUDs Town staff received multiple comments from ZAC members encouraging the adoption of "Straight Zoning" for the Town Core commercial areas whereby the Town would simply adopt zoning that allows and requires the type of development the Town desires without any uncertainty associated with negotiations, PUDs or development bonuses. Straight zoning is a traditional option that Avon can use to reduce its reliance on PUDs. Straight zoning would create a wider range of zone districts with specific development and design standards and would establish by -right development density that allows the desired density described in the Town's planning policies. Development impacts related to affordable housing, transportation, and recreation for example, would be off -set by collecting related impacts fees (or accepting improvements equal to the cost of the impact fees) from the developer. Under this zoning scenario, PZC and Council review would be limited to design and architecture. Impact fees would be collected and spent by the Town to fund required improvements related to the development. The following standards and impact fees present a basic framework for consideration for the Straight zoning option in the Town Center zone district. Basic zoning and development standards would include: • Minimum Development Density: Town plans support a minimum threshold density — nothing less than 2:1 FAR should be allowed in the Town Center zone district. • Affordable Housing: Plans support 20% affordable housing, which should be for -sale, price controlled, deed restricted (rent controls are illegal in Colorado). Cash -in -lieu should not be permitted because full -time resident critical mass is desired in Town Core. • Parking: Existing regulations are sufficient. • Public Space: A 10% minimum land area for on -site public plaza and /or pedestrian connections should be required (to be owned, constructed and maintained by property owner with proscriptive material and design requirements). • Maximum Building Height: 80ft in the Town Center district, no exceptions would be allowed. • Building Orientation: Minimum 2 story/maximum 4 story buildings, built up to all sidewalks and streets. • Massing: Building height limited to 2 stories at sidewalk. Additional stories must be stepped back at least 15 ft. • View Corridor Preservation: Buildings cannot impact view corridors from public streets (views of Beaver Creek, Game Creek Bowl, and general views of mountain ridges — NOTE: Definition of protected view corridors must be further defined). • Parking Structures: Parking Structures above grade must have a building "wrap" design along streets and pedestrian routes. • Vertical Mixed -Uses: Vertical mixed -uses must be proscribed (ground floor retail, second floor office, third floor residential /condos /timeshare) or hotel. Impact fees would be structured as follows (NOTE: these are rough examples. A formal impact fee analysis would be required to support the adoption of any new or amended impact fees): • Parks and Open Space: Fees must be updated (500 sq.ft. /residence, $1.5 million per acre (very low) equals $34 /sq.ft., which equals $17,045 per residence). NOTE: this amount only covers the cost of acquiring park land and does not include capital improvements to parks. • School Site Dedication: Dedication formula should be revised to apply at building permit level for all residential. Formula assumes that only a fraction of multi - family will be used by families, which may not accurately reflect the use of residences in Avon. Current formula yields 638 sq.ft. /residence (single family and duplex, but it should apply to all residences). At $1.5 million an acre, this equals $21,658 per residence. Based on current formula, multi - family residential units would require 117/ sq.ft/unit or $4,000 per residence. • Fire District: Fees are already in place and collected with building permit issuance. • Parking: Existing and proposed code language permits satisfying parking requirements through cash -in -lieu at the rate of $30,000 /parking space. • Transportation Improvements: Transportation Impact Fee would need to be included to provide funding for buses, bus maintenance facilities, bus stops, and other transit related capital improvements. Benefits: • All projects are treated the same way. • Predicable process and procedures. • Eliminates negotiated reviews. • Development "pays its own way." Issues: • All projects are treated the same way. • Prohibits the ability of the Town to approve additional density on a specific lot or parcel without amending the Comprehensive Plan and re- zoning the lot or parcel. • Works best in communities with high growth rates or development activity where enough funds can be raised to initiate public improvements. • Design standards may be too prescriptive. LIMITED BY -RIGHT ZONING WITH A BONUS DENSITY OPTION The option presented in the Avon Development Code, is to limit by -right zoning density to what is entitled under the current regulations and offer additional density (pursuant to town goals) in exchange for specific public benefits such as affordable housing, public spaces and public parking. If a developer chooses to build within the development limits of the zone district and does not seek additional density, the project would be administratively reviewed for compliance with the district requirements with design review by PZC. Town Council would have final design review of projects in the Town Core. A developer may elect to apply for bonus density, which could increase density by up to 35% above the by -right density, which is consist with town's planning policies for commercial development. 2 To achieve the benefits of this zoning scenario, the Code has been revised as follows: • Basic zoning and development standards have been updated to allow the type of development density and massing desired by the town, with the same density permitted under current zoning • Minimum lot coverage and building setbacks have been reduced to allow more flexible development options at street level. • Density calculations are based on Floor Area Ratio (FAR), which permits more flexible design options. (see attached memo for further discussion on FAR) • Development and design standards can be adjusted administratively for alternative compliance options. • New public benefit requirements create a predictable consistent method for achieving community benefits in exchange for additional development density in areas contemplated for higher density. • The Town Council has discretion to approve bonus density and public benefits. Benefits: • Council has the discretion to determine whether additional density on a specific lot or parcel is consistent with achieving Town goals. • Projects seeking bonus density may seek alternative compliance with formulas to be approved by Council. Issues: • Some developers may consider the Council's discretion to approve bonus density too unpredictable. • Developers are not required to comply with a minimum development density. 4 To Planning and Zoning Commission and Town Council members Fr Sally Vecchio Date April 1, 2010 RE Commercial Development - Design Tests In order to determine the effects of the proposed FAR measurements and other development standards on commercial development, Town staff has conducted "design tests" on several existing commercial developments in Town Center. The tests compare the existing zone standards (all PUDs) with the new district standards. I have attached the test results from the Avon Town Center property and Sheraton Mountain Vista (at build out), for your review. The Sheraton build -out FAR (2.7:1) is on the upper end of the base level density that would be acceptable in the Town Center Zone District. • The new Town Center Zone District would permit 97 dwelling units by right and up to 131 units with public benefits. Pursuant to a PUD approval the Sheraton was approved with 239 dwelling units. • The 100 ft building height could be approved as part of development bonus. • Most of the required parking for the Sheraton was either waived or accommodated off -site. • Public benefits from the Sheraton include 20 affordable housing units and public art (bronze skier statue). The Avon Center development was built at a 2:1 FAR with 54% site coverage. • Under the new Town Center Zone District the project would exceed the allowable building height and dwelling units. • The development bonus guidelines would allow the additional building height and dwelling units with appropriate public benefits. • Much of the required parking for the Avon Center was either waived or accommodated off -site. • The property is currently zoned Town Center, and did not provide public benefits for the additional building height and dwelling units. .4 Wive, New l'('Zotilng vv/Bontis Site C overoge 54"- Site co%eragc go'. • I -A R 2:1 l!-,F',000'sf FAR 19:3.0oo s'f FAR �:31'50o sf ig U-1) it.s 55 Ducllin.4 Units 5:i w/max bonus 72 "o ft wj Illay boilli-S i o 'I), ft Parking ProviAd ic)' I'Zill-illt ,� R('(jLlil-Cd 21.4 Parkin Retluirecl _1 I pi rvwtt 1-ur I lff-m tc 11.0 h i I r.{ F,xj*iting/Btlildo Lit Cf!rkdffiOn* Current Site Coverage C?, Buildout 55% CLII'I'C'Ikt FAR 1.4:1 201.42-22 St • bluildout FAR 2-7:1 sf Ne.,%%•'fC Zoning -w/Bonus Silo CUB eragc 8oW) 353.000 s f FAR 4 -3.400 sf FAR 4.05:1 (MUN b(I]ILIS) 571,590 sf Deviling Units 2: 3 9 Dwellill,4 Units 7 9 I 4�) 13L[ildotlt ( 131 Nlzix Bldg Ilt too ft INIix Bldg Ill So ft w/ Illax bonus 108 ft P,-1d iDV Re(jLlit-•d 374 Buildout per PUD Parkin- Required TO: Avon Town Council FROM: Ron Wolfe, Mayor Subject: EVLEX The purpose today is to review the last three years of work on the multi -party land exchange, EVLEX, and to get everyone familiarized with the project. Larry and I need your input and direction on the draft OSAC application... especially with respect to the reservation of 5 -6 acres for development and for a road and trail ROW across the "Village Parcel." Three weeks ago you received a CD with all of the materials and maps for your review. I plan to cover all of the material. We are up to 14 parcels potentially in the exchange and expect the USFS Agreement to Initiate shortly. Nothing is binding on any party at this time and there is plenty of time before we reach the point of final project structure and commitment. Attached is the map of the major parcels, maps and views of these and the CDOT relocation site are on the CD and will be discussed. O M bA L oo Q 0. • o -a c� �„ i0 �1 N Cz 0 N O N � = u z m° Q o I o. c"Iw Cn E cc s hi _ ri t+1 r 1 LL i II A ^ ¢ � 3 w r _ ri cn I Q) ri ca ii M � L. 7 r+} M _ L i N a^ U cu a� r� rn � 7 •,n ri A ra r� o N rte., � vi i l r7 GC ei � x ri I .._. ..� u cC u i rl M - - B n U L L _ a 3 Y